Janhit College of Law Online Classes: Janhit College of Law LLB / LLM Syllabus

CH. CHARAN SINGH UNIVERSITY LL.B. 3 YEAR (SIX SEMESTER) COURSE

AMENDED SYLLABUS

(w.e.f. : 2017 – 18 Session)

SCHEME OF EXAMINATION

The Syllabus of LL.B. 3 Year (Six Semester) Course shall be applicable in all Affiliated Colleges and Legal Study Center (Self- Financed) of Ch. Charan Singh University, Meerut.

SEMESTER – I: (Total : 500 Marks)

Paper No.

Title of the Paper Paper Code

Max. Marks

I Jurisprudence – I (Legal Theory) K-1001 100

II Constitutional Law of India – I (Nature of the Constitution And Fundamental Rights)

K-1002 100

III Law of Torts K-1003 100 IV Law of Crimes – I (Indian Penal Code) K-1004 100 V Contract – I (General Principles of Contract) K-1005 100

SEMESTER – II: (Total : 500 Marks)

Paper No.

Title of the Paper Paper Code

Max. Marks

I Jurisprudence – II (Legal Concepts) K-2001 100

II Constitutional Law of India – II (Structure And Working of the Indian Constitution)

K-2002 100

III Family Law – I (Hindu Law) K-2003 100 IV Contract – II (Specific Contract And Law of Partnership) K-2004 100 V Optional Papers

Student has to opt any one optional Paper (subject to availability of expert Faculty in the Department) among the following :

Indian Legal And Constitutional History OR

K-2005 100

Law of Taxation K-2006 100

SEMESTER – III: (Total : 500 Marks)

Paper No.

Title of the Paper Paper Code

Max. Marks

I Family Law – II (Muslim Law) K-3001 100 II Public International Law K-3002 100 III Administrative Law K-3003 100 IV Law of Property And Easement K-3004 100

V Professional Ethics, Accountability of Lawyers and Bar Bench Relation (Practical Training)

K-3005 100

Note : Paper Code – K-3005 entitled, “Professional Ethics, Accountability of Lawyers And Bar Bench Relation (Practical Training)” course will be taught in association with the practicing Lawyers / retired Judges / retired Law Teachers. This paper will carry Maximum 100 Marks. The written examination on this paper (Theory Paper) will be in descriptive form and of three (03) hours duration and will carry 50 Marks. The written examination (Theory Paper) shall be held by way of paper with the other theory papers. The Practical / Viva-voce Examination will carry 50 Marks. The students shall be given Assignment by the subject teacher. Students will record answer to all the Assignment by preparing a Project File. The Project File will carry 30 Marks. The Project File will be evaluated by the Board of Examiners at the time of Practical / Viva-voce examination. The Viva-voce will carry 20 Marks.

SEMESTER – IV : (Total : 500 Marks)

Paper No.

Title of the Paper Paper Code

Max. Marks

I Company Law K-4001 100 II Labour And Industrial Law K-4002 100 III Environmental Law K-4003 100 IVOptional Papers

Student has to opt any one optional Paper (subject to availability of expert Faculty in the Department) among the following :

Criminology And Penology

Law of Trust, Equity And Fiduciary Relation OR

K-4004 100 K-4005 100

Banking Law Including Negotiable Instrument Act K-4006 100

V Arbitration, Conciliation And Alternate Dispute Resolution (Practical Training)

K-4007 100

Note : Paper Code – K-4007 entitled, “Arbitration, Conciliation And Alternate Dispute Resolution (Practical Training)” will be taught partly through class room lectures including simulating exercise and partly through extension programme like Lok-Adalat, etc. This paper will carry Maximum 100 Marks. The written examination on this paper (Theory Paper) will be in descriptive form and of three (03) hours duration and will carry 50 Marks. The written examination (Theory Paper) shall be held by way of paper with the other theory papers. The Practical / Viva-voce Examination will carry 50 Marks. The Course will be taught in association with practicing lawyers / retired Judges / retired Law Teachers. The Class room instructions shall include lessons on the concepts and practice of Arbitration, Conciliation and Alternate Dispute Resolution. Students shall be required to maintain the Diary of the Sessional Work for this paper in which they shall record the written exercises assigned to them by the subject teacher during the session and their observations about the field work / training work of Lok Adalat etc. organized by the Law Department of the College / University and attended by them. This Paper will carry Maximum 100 Marks. The Sessional Diary will carry 20 Marks

and will be evaluated by the Board of Examiners at the time of Semester Practical / Viva-voce examination. Twenty (20) Marks are assigned for the legal field work assigned by his / her subject teacher / supervisor carried on by student during the Session. Such field work will be evaluated by Board of Examiners (Internal & External Examiners). The marks earned by the students for the legal field work during the Session will be conveyed to the Ch. Charan Singh University, Meerut by Board of Examiners to be held at the time of Practical / Viva-voce examination. The Viva-voce will carry 10 Marks.

Guidelines : It is advisable that the Law Department of the College / University should organize field work in such a manner that all the students get an opportunity to participate in field work so that each candidate may be able to attend at least two such field assignments.

SEMESTER – V : (Total : 500 Marks)

Paper No.

Title of the Paper Paper Code

Max. Marks

I Civil Procedure Code And Limitation Act K-5001 100 II Law of Crimes – II (Code of Criminal Procedure) K-5002 100 III Law of Evidence K-5003 100 IV Land Laws Including Ceiling And Other Local Laws K-5004 100 V Drafting of Pleading And Conveyancing (Practical Training) K-5005 100

Note : Paper Code – K-5005 entitled, “Drafting of Pleading And Conveyancing” will carry Maximum 100 Marks which will be divided into Theory Paper and Practical / Viva-voce examination carrying 50 Marks each. The Theory paper will be conducted at the time of other Theory papers. This course will be taught through class instructions and simulation exercises, preferably with the assistance of practicing Lawyers / retired Judges. Apart from teaching the relevant provisions of law, the course will include 10 written exercises in Drafting of pleading carrying 20 Marks (2 Marks for each exercise) and 10 written exercises in Conveyancing carrying 20 Marks (2 Marks for each exercise). Each student will maintain a Sessional Exercise Book for the purpose and write down all the exercise in Pleading and Conveyancing during regular classes. It will be assessed by the Board of Practical / Viva-voce Examiners. The Viva-voce will be of 10 Marks.

SEMESTER – VI : (Total : 500 Marks)

Paper No.

Title of the Paper Paper Code

Max. Marks

I Interpretation of Statutes K-6001 100

II Legal Language and Legal Writing Including Proficiency In General English

K-6002 100

III Law of Human Rights K-6003 100 Optional Papers

Student has to opt any one optional Paper (subject to availability of expert Faculty in the Department) among the following :

Intellectual Property Law

Information Technology And Cyber Law OR

Law Relating To Women And Child OR

K-6004 100 K-6005 100 K-6006 100

Law Relating To Right To Information K-6007 100

V Moot Court, Pre-Trial Preparation And Participation In Trial Proceedings’ (Practical Training)

K-6008 100

Note : Paper Code – K-6008 entitled, “Moot Court, Pre-Trial Preparation And Participation In Trial Proceedings (Practical Training)” shall comprise of the following :

(A). Moot Court : The Maximum Marks to this Paper will be 100. Each student will do at least Two Moot Courts in a Semester with 10 Marks each. The Moot Court work will be on assigned problem and will be evaluated for 5 Marks for written submissions (to be recorded in Sessional Diary) and 5 Marks for Oral Advocacy.

Guidelines : For the purpose of Moot Court, groups will be formed of 8/10 students and cases involving several issues shall be assigned in Court practice i.e. Operation of Courts and legal professionals on panel of the College / University may be sought, especially in the matter of getting copies of paper books of cases which have been decided by various Courts.

The Course shall emphasize points of Court craft and decorum. The male students shall wear white pant – shirt and a Black Tie and female students shall wear white dress with black scarf while addressing a Moot Court and during their visits to the Court / Advocates chambers and other practical training programmes.

Practice Moots shall be held as a routine in the class itself and the three compulsory test Moots for examination shall be held after such practice Moots near the end of semester term. Attendance at such practice Moot Courts shall be counted. Each student shall be required to maintain a regular record of his / her preparation for all the Moot Courts attended by him / her in the Sessional Diary. The Sessional Diary will carry 15 Marks (5 Marks for each Test Moot).

(B). Court Assignments : Observation of Trial in Four Cases i.e. Two Cases in Civil and Two in Criminal. Each student will attend Four Trial Courts during the Semester term. He / She will maintain record of his / her visits in his / her Diary of Sessional Work and enter the various steps observed during his / her attendance on different days in the Court assignment. This Scheme will carry 25 Marks.

(c). Interviewing Techniques And Pre-Trial Preparation :

(i). Each student will observe for Interviewing Sessions of Clients at the Lawyer’s Office / Lagal Aid Office and record the proceedings in the Diary of Sessional Work, which will carry 10 Marks.

(ii). Each student will further observe the preparation of documents and Court Papers by the Advocate and procedure for filing the Suit / Petition. This will be recorded in Sessional Diary which will carry 10 Marks.

Guidelines : To make the training meaningful, students visits have to be organized for a continuous period, sufficiently long to observe and understand the process taking place in their proper context. Efforts should be directed to acquaint the students in the different branches of legal practice including Civil, Criminal, Revenue, and Labour Court Practice. Besides the legal Professionals on the College / University Panel, the students should regularly be supervised and helped by the subject teacher / tutor. It is desirable that besides Advocates Chambers the students are taken for academic Family Court / Revenue Court / Income Tax & Sales Tax Offices and other venues where judicial administrative proceedings are held. The Indian Law Institute, Parliament, Supreme Court, and High Courts, Tribunals etc., may be visited to make the training academically multifarious. This programme can be intellectually and professionally challenging if properly organized and integrated with Curriculum.

(D). Viva-voce : The Fourth Component of this Paper will be Viva-voce examination by the Board of Examiners on the above three aspects. This will carry 10 Marks.

______________________

CH. CHARAN SINGH UNIVERSITY LL.B. 3 YEAR (SIX SEMESTER) COURSE SYLLABUS

(w.e.f. : 2017 – 18 Session)

SEMESTER – I

PAPER – I

JURISPRUDENCE - I

(Legal Theory)

(Paper Code : K-1001)

The course shall comprise of the following :

(1) Introduction : Definition, Nature and Scope of Jurisprudence, Importance of the Study of Jurisprudence

(2) Natural Law School : Classical Natural Law, Revival of Natural Law : Rudolf Stammler and Kohler.

(3) Analytical School : John Austin, Hans Kelsen, And H.L.A. Hart. (3) Historical School : Frederick Karl Von Savigny, Sir Henry Sumner Maine. (5) Sociological School : Background and Characteristics, Roscoe Pound, Leon Dugit. (6) American Modern Realism.

(7) Economic Approach of Law : Marxist Economic Approach on Law. BOOKS RECOMMENDED

Bodenheilmer : Jurisprudence.

Dias, Jurisprudence.

Friedman, Law in Changing Society.

Llyoyd, Introduction of Jurisprudence.

Mahajan V.D., Jurisprudence.

Paton : Jurisprudence.

Salmond : Jurisprudence.

PAPER – II

CONSTITUTIONAL LAW OF INDIA - I

(Nature of The Constitution And Fundamental Rights)

(Paper Code : K-1002)

The course shall comprise of the following :

(1). Nature of the Indian Constitution. Special emphasis shall be placed on (a) Federal Structure and

(b) Form of the Government.

(2). Preamble of the Constitution

(3). Fundamental Rights –

(a) General : Scheme of Fundamental Rights, Who can claim Fundamental Rights : Against whom Fundamental Rights are available ? Suspension of Fundamental Rights.

(b) Specific Fundamental Rights-

∙ Right to Equality (Articles 14 to 18)

∙ Right to Freedom of Speech and Expression (Article 19(1)(a))

∙ Protection in respect of Conviction for offences (Article 20)

∙ Right to Life and Personal Liberty (Article 21)

∙ Right to Education (Article 21A)

∙ Right against Exploitation (Articles 23 to 24)

∙ Right to Freedom of Religion (Articles 25 to 28)

∙ Cultural and Educational Rights of Minorities (Articles 29 to 30)

∙ Right to Constitutional Remedies (Article 32)

(5) Directive Principles of State Policy, their importance and relationship with Fundamental Rights.

(6) Fundamental Duties

BOOKS RECOMMENDED

Chander Pal, Centre State Relations and Indian Cooperative Federalism.

Chander Pal, State Autonomy in Indian Federation: Emerging Trends.

Hidayatullah M., Constitutional Law of India.

Jain M.P., Constitutional Law.

Pandey J.N., Constitutional Law of India.

Seervai H.M., Constitutional Law of India.

Shukla V.N., Constitutional Law of India.

Tope T.R., Constitutional Law of India.

PAPER – III

LAW OF TORTS AND CONSUMER PROTECTION LAWS (Paper Code : K-1003)

The course shall comprise of the following :

1. Torts and Tortious Liability Introduction

- Definition, Nature and Characteristics of Torts

- Constituents of Tort

- Fault – Damnum sine injuria, Injuria sine damnum

- Mental element – Malice, Negligence, Motive

- Who ,may sue, who may not be sued ?

- Strict and Absolute Liability

2. Justification in Tort

- Volenti non fit injuria

- Necessity

- Inevitable accident and Act of God

- Statutory authority

3. Liability for Torts Committed by Others

- Vicarious Liability

- Liability of the State – Doctrine of sovereign Immunity

- Joint Tort- feasers

4. Specific Torts

- Negligence

- Nuisance

- Trespass

- Defamation

5. Consumer Protection Act

- Consumer definition and concept

- Contract of service and contract for service

- Enforcement of Consumer rights.

BOOKS RECOMMENDED

Aggarwal V.K., Law on Consumer Protection ( students edition).

Bangia R.K., The Law of Torts.

Kapoor S.K., Law of Torts.

Lal Rattan & Lal Dhiraj, The Law of Torts.

Paranjape N.V., Law of Torts.

Salmond W.G., Law of Torts.

Winfield and Jolowicz, Torts.

PAPER – IV

LAW OF CRIMES - I

(Indian Penal Code)

(Paper Code : K-1004)

The course shall comprise of the following :

∙ General Principles of Crime : Concept of crime; Elements of crime ; stages of crime; Concept of Strict Liability, Constructive Liability, Common Intention and Common Object. ∙ Inchoate Crime/ Preliminary offences: Abetment, conspiracy and attempt ∙ General Exception: Mistake, accident , necessity, Young age, unsoundness of mind, drunkenness, Right of Private Defence.

∙ Specific Offences :

1. Offences Affecting Human Body : Culpable Homicide, Murder, Homicide by Rash and Negligent Act, Hurt and Grievous Hurt; Kidnapping and Abduction, Wrongful Restraint and Wronful Confinement, Assault, Criminal Force.

2. Offences Against Property : Theft Extortion; Robbery; Dacoity; Cheating;

3. Offences Against State and Public Tranquility : Sedition; Unlawful Assembly; Rioting and Affray.

4. Offences Against Marriage : Bigamy and Adultery

BOOKS RECOMMENDED

Gaur Hari Singh (Dr.), Penal Law of India.

Gaur K.D., Criminal Law cases and materials.

Lal Rattan Lal Dhiraj, Indian Penal Code.

Misra S.N., Indian Penal Code.

Nigam R.C., Principles of Criminal Law.

PAPER – V

CONTRACT - I

(General Principles of Contract)

(Paper Code : K-1005)

The course shall comprise of the following :

(1) Purpose, Evolution and Scope of Law of Contracts

(2) Proposal and Promise Including Communication of Proposal, Acceptance and Communication of the Revocation of Proposal and Acceptance.

(3) Consideration and Doctrine of Privity of Contract.

(4) Lawful Object and Consideration.

(5) Capacity to Contract : Minors, Persons of Unsound Mind and Others Disqualified by Law ; Nature and Effects of Minor's Agreements; Doctrine of Restitution. (6) Consent and Free Consent.

(7) Standard Form of Contracts

(8) Agreements Declared Void and Voidable Under the Contract Act. (9) Contingent Contracts

(10) Law Relating to Certain Relations Resembling those Created by Contracts, viz., Quasi-Contracts.

(11) Discharge of contracts with special reference to the doctrine of frustration. (12) Remedies in the form of compensation

BOOKS RECOMMENDED

Anson’s Law of Contract.

Bangia R.K. (Dr.), Indian Contract Act

Desai S.T., The Indian Contract Act

Kapoor S.K., Contract

Moitra A.C., (Dr.), Principles and Digest of Indian Contract Act.

Pollock and Mulla, Indian Contract and Specific Relief Act

Singh Avtar (Dr.), Law of Contract

CH. CHARAN SINGH UNIVERSITY LL.B. 3 YEAR (SIX SEMESTER) COURSE SYLLABUS

(w.e.f. : 2017 – 18 Session)

SEMESTER – II

PAPER – I

JURISPRUDENCE - II

(Legal Concepts)

(Paper Code : K-2001)

The course shall comprise the following :

1. Legal Person : Nature and Concept, Theories of Legal Personality. 2. Legal Rights And Duties : Definition, Basis and Characteristics and Kinds of Legal Rights, Relationship between Rights and Duties, Wider sense of right. 3. Possession: Theories of Possession, Possession in Fact and Possession in Law, Kinds of Possession.

4. Ownership : Definition, Kinds of Ownership, Relationship between Ownership and Possession.

5. Liability : Remedial and Penal Liability, Strict and Vicarious Liability, Mens rea and Negligence.

6. Law and Justice : Administration of Justice, Theories of Punishment. 7. Concept of State and Sovereignty.

8. Law and Morality : Relation between Law and Morals, Legal Enforcement of Morality.

9. Sources of Law : Custom, Precedent, and Legislation.

BOOKS RECOMMENDED

Bodenheilmer : Jurisprudence.

Dias, Jurisprudence.

Friedman, Law in Changing Society.

Llyoyd, Introduction of Jurisprudence.

Mahajan V.D., Jurisprudence.

Paton : Jurisprudence.

Salmond : Jurisprudence.

Tripathi B.N.M., Jurisprudence.

PAPER – II

CONSTITUTIONAL LAW OF INDIA - II

(Structure And Working of The Indian Constitution)

(Paper Code : K-2002)

The course shall comprise of the following

(1) Union Parliament : Organization, Procedure regarding Enactment of Legislation, Parliamentary Privileges.

(2) Union Executive : The President, his Powers and Position including Ordinance Making Power.

(3) Prime Minister and the Cabinet. Is the Prime Minister Real Head? (4) Distribution of Legislative Powers between Union and the States. Territorial and Topical Distribution of Powers. Power of Parliament to Legislate on State Matters. Doctrine of Territorial Nexus. Doctrine of Pith and Substance, Doctrine of Colourable Legislation.

(5) Emergency Provisions with Special References to Proclamation of Emergency and President's Rule.

(6) Union Judiciary : Supreme Court of India. Composition and Jurisdiction

(7) Amendment of the Constitution. Power and Procedure; Basic Structure of the Constitution.

BOOKS RECOMMENDED

Chander Pal, Centre State Relations and Indian Cooperative Federalism.

Chander Pal, State Autonomy in Indian Federation: Emerging Trends.

Hidayatullah M., Constitutional Law of India.

Jain M.P., Constitutional Law.

Pandey J.N., Constitutional Law of India.

Seervai H.M., Constitutional Law of India.

Shukla V.N., Constitutional Law of India.

Tope T.R., Constitutional Law of India.

PAPER – III

FAMILY LAW - I

(Hindu Law)

(Paper Code : K-2003)

The course shall comprise of the following :

(1) Sources of Hindu Law

(2) Schools and Sub-Schools of Hindu Law

(3) Marriage : Essentials of a Valid Marriage, Void and Voidable Marriage (4) Matrimonial Relief : Concept and Grounds of Various Matrimonial Reliefs viz. ∙Restitution of Conjugal Rights

∙ Judicial Separation

∙ Nullity of Marriage

∙ Divorce

(5) Legitimacy - Legal Status of Children Born of Void and Voidable Marriage. (6) Adoption

(7) Hindu Minority and Guardianship Act, 1956

(8) Law of Maintenance – Hindu Adoption and Maintenance Act, 1956. (9) Law of Succession under The Hindu Succession Act, 1956 – Devolution of interest of coparcenary property (Section 6), General rules of succession in the case of male Hindus (Section 8), General rules of succession in the case of female Hindus (Section 15), Testamentary succession (Section 30).

BOOKS RECOMMENDED

Mulla, Principles of Hindu Law

Diwan Paras (Dr.), Modern Hindu Law

Mayne’s, Hindu Law and Usage

Kesari U.P.D. (Dr.), Modern Hindu Law

Sharma B. K.- Modern Hindu Law

PAPER – IV

CONTRACT - II

(Specific Contract And Law of Partnership)

(Paper Code : K-2004)

The course shall comprise of the following :

1. Contract of Indemnity, Contract of Guarantee, Bailment and Pledge. 2. Contract of Agency.

3. Definition of Sale, Essentials of Contract of Sale and Agreement to Sale, Duties of Sellers and Buyers, Sale by Sample, Sale by Description, Conditions and Warranties, Rule of Caveat Emptor.

4. Transfer of Title, Passing of Property in Goods, Delivery of Goods – Rules regarding Delivery of Goods, Unpaid Seller and his Rights, Remedies for the Breach of Contract. 5. Network of Partnership, Difference between Partnership and a Company, Mutual relationship between Partners, Authority of Partners, Dissolution of Partnership, Minor as Partner, Effect of non-registration of Firm.

BOOKS RECOMMENDED

Anson, Law of Contract.

Bangia R.K. (Dr.), Indian Contract Act.

Desai S.T., The Indian Contract Act.

Kapoor S.K., Contract.

Moitra A.C., (Dr.), Principles and Digest of Indian Contract Act.

Narayena P.S., The Law of Partnership.

Pollock and Mulla, Indian Contract and Specific Relief Act.

Singh Avtar (Dr.), Introduction to Law of Partnership.

Singh Avtar (Dr.), Law of Contract.

PAPER – V

INDIAN LEGAL AND CONSTITUTIONAL HISTORY

(Optional Paper)

(Paper Code : K-2005)

This course is intended to introduce students to the Legal and Constitutional History of India (1600-1950). Emphasis will be laid on the following :

I. Legal History :

The Early Charters and the Administration of Justice by the East India Company, the Mayor's Courts; Judicial Reforms of Warren Hastings and the Advent of Adalat System; the Regulating Act, Pits India Act, and the Act of Settlement; Judicial Reforms of Cornwallis and Lord William Bentick; the High Courts; Privy Council; the Supreme Court of India; the Law Commissions and Codification, Development of Criminal Law, Law of Contract and Law of Evidence in India; Personal Laws of Hindu and Mohammedans.

II. Constitutional History :

Position of Native States and the development of the Doctrine of Paramountcy, Development of Legislative Institutions, Indian Council Act 1861, Government of India Act 1909, Government of India Act 1919, Government of India Act 1935, Independence Act, 1947, The story of Framing of Indian Constitution.

BOOKS RECOMMENDED

Jain, M.P., Outlines of Indian Legal History

Kulshreshtha, V.D., Landmarks in Indian Legal and Constitutional History

Pranjpe, N.V., Legal and Constitutional History of India

Puri, S.K., Legal and Constitutional History of India

Ramajois, M., Legal and Constitutional History of India, Volume-I,II

Shilwant, S.S., Turning Points in Indian Legal and Constitutional History

Singh, M.P., Outlines of Indian Legal and Constitutional History

PAPER – V

LAW OF TAXATION

(Optional Paper)

( Paper Code : K-2006 )

The course shall comprise of the following :

(1) Introduction : History and Objects of Taxation, Direct and Indirect Taxes, Concept of Tax and Fee.

(2) Definitions : Assessee, Assessment Year, Previous Year, Business, Agricultural Income, Income, Person.

(3) Residence (Sections 6, 7 and 9)

(4) Salaries (Sections 15 to 17)

(5) Income from House Property (Sections 22 to 27)

(6) Profits and Gains of Business or Profession (Section 28)

(7) Depreciation Allowance (Section 32)

(8) Business Expenditure and Loss (Section 37)

(9) Capital Gains (Sections 45, 46 and 54)

(10) Income from other Sources (Sections 56 to 58).

BOOKS RECOMMENDED

Rai Kailash (Dr.), Taxation Law.

Singhania V.K. (Dr.), Students Guide to Income Tax.

Kanga & Palkiwala, Law of Income Tax.

Taxman, Three Direct Taxes.

CH. CHARAN SINGH UNIVERSITY LL.B. 3 YEAR (SIX SEMESTER) COURSE SYLLABUS

(w.e.f. : 2017 – 18 Session)

SEMESTER – III

PAPER – I

FAMILY LAW - II

(Muslim Law)

(Paper Code : K-3001)

The course shall comprise of the following :

1. Introduction to Muslim Law

2. Sources of Muslim Law

3. Schools of Muslim Law

4. Applicability of Muslim Law

5. Marriage

6. Mahr (Dower)

7. Talaq and its kinds, Dissolution of Marriage (Divorce) under Muslim Women Protection of Rights on Divorce Act, Maintenance of Wives (125 Cr.P.C, Shah Bano Case etc.) 8. Wills

9. Gifts

10. Wakf

11. Pre-emption

12. Acknowledgement and Guardianship.

BOOKS RECOMMENDED

Ahmad Aqeel, Mohammdan Law.

Ali Ameer, Principles of Mohammadan Law.

Fyzee, Outlines of Mohammedan Law.

Mahmood Tahir, Muslim Law of India.

Mulla, Principles of Mohammadan Law.

Rashid Khalid, Muslim Law.

Wilson, Muslim Law.

Cental Acts : Dissolution of Muslim Marriage Act, 1939.

: Family Courts Act, 1984.

: Muslim Personal Law(Shariat) Application Act,1937.

: Muslim Women (Protection of Rights on Divorce) Act, 1986.

PAPER – II

PUBLIC INTERNATIONAL LAW

(Paper Code : K-3002)

The course shall comprise of the following :

(1) Theoretical Foundation of International Law:

(a) Definition,

(b) Nature and Scope

(2) Sources of International Law:

(a) Custom,

(b) International Conventions,

(d) Judicial Decisions and Juristic Works

(3) Relation between International Law and Municipal Law: (a) Theories of Relationship,

(b) Indian and British Practices

(4) State : State Sovereignty, State Territories and Jurisdiction, Recognition, Succession, Intervention, Nationality, Diplomatic Agents, Extradition and Asylum.

(5) Laws of War : War Crimes and Crime against Peace, Settlement of International Disputes – Pacific and Coercive, Hijacking Narcotics, Treatment of Aliens, Enemy Character, Contraband, Blockade, State Jurisdiction on Terrorism.

(6) Law of the Sea: Maritime Belt, Contiguous Zone, EEZ, Continental Shelf Jurisdiction.

BOOKS RECOMMENDED

Aggarwal, H.O., Public International Law and Human Rights.

Greig, D.W., International Law.

Harris, D.J., Cases and Material on International Law.

Kappor, S.K., International Law.

Starke, J.G., An Introduction to International Law.

PAPER – III

ADMINISTRATIVE LAW

(Paper Code : K-3003)

The course shall comprise of the following :

(1) Evolution of Administrative Law, Definition and its Scope.

(2) Rule of Law.

(3) Separation of Powers

(4) Delegated Legislation :

(a) Necessity of Delegated Legislation

(b) Constitutionality of Delegated Legislation

1. Judicial Control,

2. Parliamentary Control,

3. Procedural Control.

(5) Principles of Natural Justice :

(a) Nemo judex in sua causa (Rule Against Bias),

(b) Audi alteram partem,

(d) Doctrine of Legitimate Expectation.

(6) Writs with Special Reference to :

(a) Writ of Habeas Corpus

(b) Writ of Prohobition

(a) Writ of Certiorari

(b) Writ of Mandamus

(7) Public Interest Litigation.

(8) Ombudsman (Lokpal) in India & Lokayukta in State of U.P.,

(9) Administrative Tribunals - With Special Reference to Central Administrative Tribunals. BOOKS RECOMMENDED

Basu D.D., Comparative Administrative Law.

Jain M.P. & Jain S.N., Principles of Adminstrative Law.

Joshi K.C., Administrative Law.

Massey I.P., Administrative Law.

S.P.Sathe, Administrative Law.

Takwani C.K., Lectures on Administrative Law.

Thakkar C.K., Administrative Law.

Wade H.P.W., Principles of Administrative Law.

PAPER – IV

LAW OF PROPERTY AND EASEMENT

(Paper Code : K-3004)

The course shall comprise of the following :

1. Preliminary (Sections 1 - 4)

2. Transfer of Property whether movable or immovable (Sections 5 – 37), Transfer of Immovable Property [Sec 38 – 53(A)]

3. Sales of Immovable Property (Sec 54 - 57)

4. Mortgages of Immovable Property and charges (Sections 58 – 104 ) 5. Leases of Immovable Property (Sections 105 – 117 )

6. Exchanges (Sections 118 - 121)

7. Gifts (Sections 122 - 129)

8. Transfer of Actionable Claims (Sections 130-137)

9. The Indian Easement Act

BOOKS RECOMMENDED

Diwan Paras, Transfer of Property.

Lahri S.M., Transfer of Property.

Mulla D.F., Transfer of Property Act .

Shah S.M., Lecturers of Transfer of Property.

Shukla S.N., Transfer of Property.

Shukla V.N., Transfer of Property.

Sinha S.N., Transfer of Property.

Tripathi G.P., Transfer of Property.

PAPER – V

PROFESSIONAL ETHICS, ACCOUNTANCY OF LAWYERS AND BAR BENCH RELATION (Practical Training)

(Paper Code : K-3005)

This course will be taught in association with the practicing Lawyers / retired Judges / retired Law Teachers. This paper will carry Maximum 100 Marks. The written examination on this paper (Theory Paper) will be in descriptive form and of three (03) hours duration and will carry 50 Marks. The written examination (Theory Paper) shall be held by way of paper with the other theory papers. The Practical / Viva-voce Examination will carry 50 Marks. The students will be given Assignment by the subject teacher. Students will record answer to all the Assignment by preparing a Project File. The Project File will carry 30 Marks. The Project File will be evaluated by the consensus of Board of Examiners (Internal & External Examiners) at the time of Practical / Viva-voce examination. The Viva-voce will carry 20 Marks.

The course shall comprise of the following :

(1) Historical Perspective and Regulation of Legal Profession.

(2) Admission, Enrolment and Rights of Advocate, Bar Councils.

(3) Nature and Characteristics of :

(a) Ethics of Legal Profession,

(b) Legal Profession

(4) Contempt of Court :

(a) Civil Contempt

(b) Criminal Contempt

(d) Defences Against Contempt.

(e) Constitutional Validity of Contempt Law.

(f) Contempt by Lawyers, Judges, State, and Corporate Bodies

(4) Strike by the Lawyers

(5) Extent of Professionalization of Legal Profession

(a) Code of Ethics for Lawyers

(b) Professional Misconduct and its Control

(d) Accountability of Lawyers towards Court, Clients and Society

(e) Role of Law and Legal Profession in Social Transformation

BOOKS RECOMMENDED

Gupta S.P., Professional Ethics, Accountancy for Lawyers & Bench Bar Relations.

Rai Kailash, Professional Ethics, Accountancy for Lawyers & Bench Bar Relations.

Sirohi (Dr.), Professional Ethics, Accountancy for Lawyers & Bench Bar Relations.

CH. CHARAN SINGH UNIVERSITY LL.B. 3 YEAR (SIX SEMESTER) COURSE SYLLABUS

(w.e.f. : 2017 – 18 Session)

SEMESTER – IV

PAPER – I

COMPANY LAW

(Paper Code : K-4001)

The Course shall comprise of the following:

1. Formation of Companies :

(1) History of Company Legislation in India.

(2) Meaning and Nature of Company with Emphasis on its Advantages and Disadvantages over other forms of Business Organizations.

(3) Kinds of Companies.

(4) Corporate Personality and Lifting the Corporate Veil.

(5) Promotion of Companies – Promoters and Pre- Incorporation Contracts.

(6) Memorandum of Association and Articles of Association :

(a) Meaning, Nature and Contents and Relationship Between the two.

(b) Objects Clauses and Doctrine of Ultra – vires, Doctrine of Indoor Management. (7) Prospectus and Statement in Lieu of Prospectus.

(8) Membership of Company – Its Acquisition and Termination.

2. Corporate Capital :

(1) Share and Share Capital : Meaning, Nature and Kinds ; Various rights and Duties Attached to these Shares.

(2) Issuance and Allotment of Shares.

(3) Alteration of Share Capital :

(a) Increase in Share Capital

(b)Reduction of Share Capital

(c)Pre- Emptive Rights and Variation of Class Rights

3. Company Management and Administration:

(1)Company and its Various Organs Including Division of Powers between Board of Directors and Company in General Meeting.

(2) Comapny Meetings and Resolution : Types / Kinds of Meetings, Essential Conditions of a Valid Meeting, Procedure for Calling Company Meetings, Resolution Kinds and Procedures relating thereto.

(3) Directors and Managing Director : Appointment and Legal Position.

(4) Oppression and Mismanagement Majority Rule and Minority Protection.

(5) Investigation into the Affairs of Companies.

(6) Reconstruction and Amalgamation.

(7)National Company Law Tribunal : Composition and Powers.

4. Winding up of Company: Modes of Winding Up, Compulsory Winding Up – Conditons and Positions, Voluntary Winding Up: Kinds and Distinctions, Officials Liquidator and Liquidator, Appointment and Powers.

Note – All above topics shall be discussed as per provisions of the recent Companies Act.

BOOKS RECOMMENDED

Majumdar A.K., Company Law and Practice.

Kapoor G.K. (Dr.) & Gower L.C.B., Principles of Modern Company Law.

Singh Avtar (Dr.), Indian Company Law.

Ramayya A., A Guide to Companies Act.

Rai Kailash, Principles of Company Law.

Dhingra L.C. (Dr.), Principles of Company Law

Tripathi S.C. (Dr.), Modern Company Law.

PAPER – II

LABOUR AND INDUSTRIAL LAW

(Paper Code : K- 4002)

The course shall comprise of the following:

1. Evolution of Industrial Legislation in India

2. Industrial Disputes Act 1947.

(a)Scope Object & Main Features.

(b)Industry

(c)Industrial Dispute and Individual Dispute

(d)Workman and Employee

(e)Authorities under the Act & Grievance Redressal Machinery

(f)Strike

(g)Lock – Out

(h)Retrenchment

(i)Lay - off

(j)Transfer and Closure

3. Trade Unions Act, 1926

(a)Growth of Unions in india

(b)Definitions

(c)Registration of Trade Unions

(d)Rights and Liabilities of Registered Trade Unions

(e)Concepts of Collective Bargaining, Recognition, Multiplicity of Trade Unions & Role of outsiders in Trade Unions.

4. Payment of Wages Act, 1936

5. Workmen Compensation Act, 1923.

6. Employees Provident Funds Act, 1991.

7. Maternity Benefits Act, 1961 with recent Amendments.

BOOKS RECOMMENDED

Bangri P.R., Law of Industrial Disputes.

Dhingra L.C., Law on Industrial Adjudication in India.

Goswami V.G, Labour & Industrial Law.

Kothari G.M. (Dr.), A Study of Industrial Law.

Malhotra O.P., Law of Industrial Disputes.

Mishra S.N., Labour and Industrial Law.

Puri S.K., Labour and Industrial Law.

Srivastav K.D., Law relating to Trade Unions &Unfair Labour Practices in India.

PAPER – III

ENVIRONMENTAL LAW

(Paper Code : K-4003)

The course shall comprise of the following :

1. Meaning and definition of environment and pollution, kinds of pollution, sources and consequences of pollution, Ancient Indian Philosophy relating to environment protection.

2. Constitutional provisions, concerning environment pollution under Code of Criminal Procedure, Indian Penal Code Environment and development, Current environment problems, Public Interest Litigations. 3. Present regulations and enactments regarding environmental pollution – Definitions and Measures that have been adopted through different legislation –

(i). The Environment (Protection ) Act, 1986.

(ii). The Air (Prevention and Control of Pollution) Act, 1981.

(iii).The Water (Prevention (Prevention and Control of Pollution) Act, 1974

(iv).The Forest Act,1927.

4. Polluter Pays Principle, Precautionary Principle, Public Trust Doctrine, Sustainable Development, cases at National Green Law Tribunal, Powers and functions of NGT.

BOOKS RECOMMENDED

Diwan Paras, Environment Administration, Law and Judicial Attitude.

Jaswal P.S., Environmental Law.

Kumar Naresh : Air Pollution and Environment Protection.

Pal Chandra, Environmental Pollution & Development.

Singh Gurdip, Environmentl Law.

PAPER – IV

CRIMINOLOGY AND PENOLOGY

(Optional Paper)

(Paper Code : K-4004)

The course shall comprise of the following :

1. Criminology – Definition, Nature and scope of Criminology, Method of studying Criminology 2. Schools of Criminology.

3. Factors in Causation of Crimes.

4. Specific Crime – Organized Crime, White Collar crime, socio – Economic Crime, Juvenile Delinquency.

5. New Dimensions of criminology.

6. Penology - Concept and definition of punishment, Concept of Treatment , Object of Punishment. 7. Schools of Penology, Theories of Punishment.

8. Capital Punishment.

9. Prison Reform.

10. Alternatives to Imprisonment- Probation, Parole, Open Prison etc.

BOOKS RECOMMENDED

Sutherland E. and Cressy, Principles of Criminology.

James Teary, Introduction of Criminology.

Sethna S.M., Society and Criminology.

Pannanan M., Criminology and Penology.

Siddique Ahmad, Criminology: Problems and Perspectives.

Paranjape N.V. , Criminology and Penology.

Sirohi J.P., Criminology and Criminal Administration.

PAPER – IV

LAW OF TRUST, EQUITY AND FIDUCIARY RELATION

(Optional Paper)

( Paper Code : K-4005 )

The course shall comprise of the following :

History, nature and principles of Equity-Emergence of law of trust from Equity— The making of Indian Law of Trust and provisions of law of Trust-Religious Trusts-Principles of Equity and Equitable Remedies, Equitable Relief in different branches of law with special reference to property law.

(1) Equity

(a) Nature of Equity, (b) History of Courts of Equity, (c) Relations of law of Equity, (d) The maxims of equity, (e) Different Equitable remedies.

(2) Trust & Fiduciary Relations :

(a) Essentials of Trust

(b) Fiduciary Relationship— Concept, kinds vis-a-vis Trusteeship

(c) Trust and contract, Power, condition, charge and personal obligations— distinguished (d) Classification of Trust and its importance

(e) Private Trusts

(f) Public Trusts

(g) Appointments, Retirement and removal of Trustee

(h) Rights, Power, Discretion and control of Trustees

(i) Duties of trustee in relation to :

(i) Trust property; and (ii) Beneficiary

(j) The Administration of Trust

(k) Liability for Breach of Trust

(l) Rights and Remedies of the Beneficiary

(m) Constructive Trusts.

BOOKS RECOMMENDED

Ahmad Aquil, Equity, Trusts and Specific Relief.

Desai S.T., Equity, Trusts and Specific Relief.

Hansbury & Mousley, Modern Equity.

Jhabwala N.H, Elements of Equity, Trusts and Specific Relief.

Rao GCV Subha, Equity, Trust and Fiduciary Relation.

Singh G.P., Principles of Equity.

Snell, Principles of Equity.

Tondon M.P., Principles of Equity and Trusts.

PAPER – IV

BANKING LAW INCLUDING NEGOTIABLE INSTRUMENT ACT (Optional Paper)

( Paper Code : K-4006 )

The course shall comprise of the following :

(1) Nature and Development of Banking

(2) Relationship of Banker and Customer:

(a) Banks, Banking Business, Meaning of Customer, Types of Accounts, Banker as Borrower

(b) Contract Between Banker and Customer - Their Rights and Duties

(d) Banking Instruments

(e) Banking Services.

(3) Laws Regulating the Business of Banking (Salient Features Only) :

(a) Banking Companies Act, 1949

(b) Reserve Bank of India Act, 1934

(4) Meaning and Kinds of Negotiable Instruments

(5) Indorsement, Negotiability and Assignability

(6) Holder and Holder in Due Course

(7) Rights and Liabilities of Paying and Collecting Banker

(8) Dishonour of Negotiable Instruments Including Criminal Liability of Drawer and Protection of Collecting Banker.

BOOKS RECOMMENDED

Bangia R.K., Negotiable Instrument Act.

Bashyam & Adiga: The Negotiable Instrument Act.

Chorley Lord, Law of Banking.

Faizi O..P., The Negotiable Instrument Act.

Gupta S.N., Banks and the Customer Protection Law.

Gupta S.N.,The Banking Law and Practice in India.

Megrah Maurice & Ryder F.R., Pagets Law of Banking.

Parthasarathy M.P., Negotiable Instrument Act.

Singh Avtar (Dr.), Negotiable Instrument Act.

Tannen M.L., Banking Law and Practice in India.

PAPER – V

ARBITRATION, CONCILIATION AND ALTERNATE DISPUTE RESOLUTION

(Practical Training)

(Paper Code : K-4007)

The Course will be taught partly through class room lectures including simulating exercise and partly through extension programme like Lok-Adalat, etc. This paper will carry Maximum 100 Marks. The written examination on this paper (Theory Paper) will be in descriptive form and of three (03) hours duration and will carry 50 Marks. The written examination (Theory Paper) shall be held by way of paper with the other theory papers. The Practical / Viva-voce Examination will carry 50 Marks. The Course will be taught in association with practicing lawyers / retired Judges / retired Law Teachers. The Class room instructions shall include lessons on the concepts and practice of Arbitration, Conciliation and Alternate Dispute Resolution. Students shall be required to maintain the Diary of the Sessional Work

for this paper in which they shall record the written exercises assigned to them by the subject teacher during the session and their observations about the field work / training work of Lok Adalat etc. organized by the Law Department of the College / University and attended by them. This Paper will carry Maximum 100 Marks. The Sessional Diary will carry 20 Marks and will be evaluated by the Board of Examiners at the time of Semester Practical / Viva-voce examination. Twenty (20) Marks are assigned for the legal field work assigned by his / her subject teacher / supervisor carried on by student during the Session. Such field work will be evaluated by consensus of Board of Examiners (Internal & External Examiners). The marks earned by the students for the legal field work during the Session will be conveyed to the Ch. Charan Singh University, Meerut by Board of Examiners to be held at the time of Practical / Viva-voce examination. The Viva-voce will carry 10 Marks.

The course shall comprise the followings:

1. ARBITRATION– Definition, Nature, Scope and importance of Arbitration; Arbitration Agreement, Composition of Arbitral Tribunal; Jurisdiction of Arbitral Tribunals, Conduct of Arbitral Proceedings; Making of Arbitral Award, Termination of Proceedings; Resource against Arbitral Award, Finality and enforcement of Arbitral Awards; Appeal and Revision.

2. FOREIGN AWARDS – New York Convention Awards; Geneva Convention Awards. 3. CONCILIATION – Application, Scope, Commencement of Proceedings; Appointment of Conciliators, Submission of statement to conciliators; Role of Conciliator, Communication between Conciliator and Parties; Settlement Agreement, Termination of Conciliation Proceedings; Costs and Deposits of Conciliation Proceedings. 4. RULE- MAKING POWERS – High Courts, Central Government.

5. ALTERNATE DISPUTE RESOLUTION SYSTEM

(i) Development, Meaning, Objective and Advantages of A.D.R. System.

(ii) Types of A.D.R. System – Mediation, Arbitration, Negotiation, Mini-Trial, Judicial Settlement, Fast Track Arbitration,

Final Offer Arbitration, Multi door Court House, Medola, Online Dispute Resolution, Family Settlements etc. (iii) Lok Adalats – Organization, Cognizance of Cases, Awards and Powers of Lok Adalats. (iv) Any two Cases of Arbitration and Conciliation

BOOKS RECOMMENDED

Rao P.C., Alternative Dispute Resolution.

Basu N.D., Law of Arbitration and Conciliation.

Kwatra G.K., The Arbitration and Conciliation Law of India.

Bansal A.K., Law of International Commercial Arbitration.

Saraf B.P.& Jhunjhnuwala M., Arbitration and Conciliation.

Malhotra O.P., The Law and Practice of Arbitration and Conciliation

Law Commission of India Report :

Law Commission of India Report on Grama Nyayalayas

Law Commission of India Report on Urban Litigation- Mediation

Statutes

The Arbitration and Conciliation Act, 1996.

The Legal Services Authorities Act, 1987.

CH. CHARAN SINGH UNIVERSITY LL.B. 3 YEAR (SIX SEMESTER) COURSE SYLLABUS

(w.e.f. : 2017 – 18 Session)

SEMESTER – V

PAPER – I

CIVIL PROCEDURE CODE AND LIMITATION ACT

(Paper Code : K-5001)

The Course shall comprise of the following :

(1) Preliminary, Definitions, Suits of civil nature, Principles of Res-judicata and Res subjudice, Foreign judgement, place of suing.

(2) Parties to suit, Frame of suit, Pleading : Plaint, Written statement, Set-off, Counter claim, Suits by indigent persons, Suits in particular cases.

(3) Summons and Discovery, Issues of Summons, Appearance of parties, Summoning and Attendance of witness, Execution of Decrees.

(4) Incidental proceedings : Commission, Letter of request, Supplemental proceedings : Arrest and Attachment before judgement, Temporary injunction, Interlocutory orders, Receiver appeals, References, Review, Revision, Restitution, Caveat, Inherent powers of court.

(5) Limitation of suits, appeals and applications, Period of Limitation, Continuous running of time, Effect of sufficient cause for not preferring appeals or making applications within the period of limitation, Legal disability, Computation of period of Limitation and Execution of time in legal proceedings, Effect of Death, Fraud,

Acknowledgement in writing, Acquisition of ownership by possession. BOOKS RECOMMENDED

Mulla, Code of Civil Procedure.

Takwani C.K., Civil Procedure.

Mathur D.N., The Code of Civil Procedure.

Jain J.D., Indian Limitation Act.

PAPER – II

LAW OF CRIMES - II

(CODE OF CRIMINAL PROCEDURE)

(Paper Code : K-5002)

The course shall comprise of the following:

1. Definitions Constitution of Criminal Courts and their Powers & Jurisdiction 2. Arrest of persons and the rights of arrested persons ; Bail

3. Information to the police and their powers to investigate.

4. Cognizance of offences by the magistrate and court of sessions. 5. Complaints to Magistrates and commencement of Proceedings before Magistrates 6. The Charge:

a). Form of Charges

b). Joinder of Charges

7. Principal features of fair trial. Trial Procedures –

a). Sessions Trial

b).Warrant Trial

i) Cases Instituted upon a Police Report

ii) Cases Instituted otherwise than on a Police Report

iii) Conclusion of Trial

c). Summons Trial by Magistrates

d). Summary Trial

8. Appeal, Revision & Reference.

9. Maintenance of wives, children and parents (Section 125 to 128). BOOKS RECOMMENDED

Banerjee P.C., Criminal Trial and Investigation.

Kelkar R.V., Criminal Procedure Code.

Kelkar R.V., Lecturers on Criminal Procedure.

Lal Ratan & Lal Dhiraj, The Code of Criminal Procedure.

Mishra S.N., The Code of Criminal Procedure.

Sarkar S.C., Law of Criminal Procedure.

PAPER – III

LAW OF EVIDENCE

(Paper Code : K-5003)

The course shall comprise of the following :

(1) Fact In-Issue; Relevant Facts; Document

(2) Evidence : Proved; Disproved; Not proved;

(3) May Presume, Shall Presume, and Conclusive Proof

(4) Circumstantial Evidence

(5) Relevancy and Admissibility; Res Gestae (Sections 6 to 13)

(6) Admission ; Confession (Sections 17 to 31)

(7) Dying Declaration (Section 32(1))

(8) Relevancy of Judgments (Sections 40 to 44)

(9) Opinion of Experts; Opinion of Third Persons (Sections 45 to 47) (10) Conduct and Character of Parties (Sections 52 to55)

(11) Judicial Notice (Sections 56 to 57)

(12) Estoppel (Sections 115 to 116)

(13) Means of Proof : Oral Evidence; Documents - Public Document, Private Document, Primary and Secondary Evidence; (Sections 59 to 65 and 74 to 78); Exclusion of Oral by Documentary Evidence (Sections 91 to 92)

(14) Burden of Proof (Sections 101 to 106)

(15) Witnesses : Competency and Compellability of Witnesses; Examination of Witnesses; Privileges : State Privilege and Private Privilege (Sections 118 to 155).

BOOKS RECOMMENDED

Lal Batuk, Law of Evidence.

Ratanal & Dhiraj Lal, The Law of Evidence.

Sarathi Vepa P, Law of Evidence.

Sarkar M.C. & Sarkar S.C., Law of Evidence in India.

Sarkar S. & Ejaz Ahmed, Law of Evidence.

Singh Avatar (Dr.), Law of Evidence.

PAPER – IV

LAND LAWS

(U.P. Revenue Code, 2006))

(Paper Code : K-5004)

The course shall comprise of the following :

1. Division and Constitution of U.P. into Revenue Areas, Powers and Function of Revenue Board, Commissioners, Collectors, Additional Collectors, Tahsildar and Lekhpal.

2. Boundary and Boundary Marks – Fixation, Demarcation, Repair and Renewal, Penalty for Damage and destruction, Settlement of Boundary disputes.

3. Maintenance and Revision of Village Records – Record of Rights, Mutation Proceedings, Record and Survey Operation, Preparation of New Record of Rights.

4. Management of Land and Other Properties by Gram Panchayat, Land Management Committee, Gaon Fund, Consolidated Gaon Fund.

5. Classes and Rights of Land Tenures – Bhumidhar with Transferable Rights, Bhumidhar with non Transferable Rights and Asami. Declaration, Bequeth, Transfer, Exchange, Lease, Mortgage, Division.

6. Devolution – Order of Succession and Survivorship.

7. Abandonment, Surrender, Ejectment and Declaratory Suit and Rent.

8. Land Revenue – Liability, First Charge, Process of Collection of Land Revenue. 9. Revenue Courts – Jurisdiction and Procedure, First Appeal, Second Appeal, Board’s Power of Review.

BOOKS RECOMMENDED

Maurya R.R., Uttar Pradesh Land Laws.

Singh D.P. Kanwal , Land Laws (Including Land Acquisition and Rent Laws)

Singh Yatindra, The Uttar Pradesh Imposition of Ceiling of Land Holding Act, 1960.

Uttar Pradesh Revenue Code, 2006 as amended by U.P. Revenue Code (Amendment) Act, 2016 (4 of 2016 ) (w.e.f. 18-12-2015 & 11-02-2016).

PAPER – V

DRAFTING OF PLEADING AND CONVEYANCING

(Practical Training)

(Paper Code : K-5005)

This paper will carry Maximum 100 Marks which will be divided into Theory Paper and Practical / Viva-voce examination carrying 50 Marks each. The Theory paper will be conducted at the time of other Theory papers. This course will be taught through class instructions and simulation exercises, preferably with the assistance of practicing Lawyers / retired Judges. Apart from teaching the relevant provisions of law, the course will include 10 written exercises in Drafting of Pleading carrying 20 Marks (2 Marks for each exercise) and 10 written exercises in Conveyancing carrying 20 Marks (2 Marks for each exercise). Each student will maintain a Sessional Exercise Book for the purpose and write down all the exercise in Pleading and Conveyancing during regular classes. It will be assessed by the consensus of Board of Practical / Viva-voce Examiners (Internal & External Examiners). The Viva-voce will be of 10 Marks.

The course shall comprise the following :

I. Drafting :

General Principles of Drafting and Relevant Substantive Rules shall be taught. II. Pleadings :

(1) Civil

(a) Plaint

(b) Written Statement

(d) Original Petition

(e) Affidavit

(f) Execution Petition

(g) Memorandum of Appeal

(h) Memorandum of Revision

(i) Petition under Articles 226 and 32 of the Constitution of India.

(2) Criminal

(a) Complaints

(b) Criminal Miscellaneous Petition

(d) Memorandum of Appeal and Revision.

III. Conveyancing : Essentials of Deed, Sale Deed, Mortgage Deed, Lease Deed, Gift Deed, Promissory Note, Power of Attorney, Will, Agreements.

BOOKS RECOMMENDED

Chaturvedi A.N., Pleadings, ConveyanciFng and Drafting and Legal Professional Ethics. Chaturvedi R.N., Pleading, Drafting and Conveyancing.

Moga P.C., The Law of Pleadings in India.

Singh B.P., Pleadings, Conveyancing and Drafting.

CH. CHARAN SINGH UNIVERSITY LL.B. 3 YEAR (SIX SEMESTER) COURSE SYLLABUS

(w.e.f. : 2017 – 18 Session)

SEMESTER – VI

PAPER – I

INTERPRETATION OF STATUTES

(Paper Code : K-6001)

The course shall comprise of the following :

1. Introductory : Meaning, Purpose and Scope of Interpretation of Statutes; Nature of Statutes and their Classification.

2. Internal Aids to Interpretation : Title; Preamble; Headings and Marginal Notes. External Aids to Interpretation; Parliamentary History; Stare Decisis (Judicial Precedents); Dictionaries.

3. Rules of Statutory Interpretation : Primary (Basic) Rules; Secondary (Subsidiary) Rules; Literal Rule; Golden Rule; Mischief Rule.

4. Judicial Activism : Nature and Scope.

5. Presumptions in Statutory Interpretation : Presumption as to Jurisdiction; Presumption as to Prospective Operation of Statutes; Presumption Against Violation of International Law.

6. Maxims of Statutory Interpretation : Ejusdem Generis; Expressio Unius Est Exuclusio Alterius; Ut Res Magis Valeat Quam Paraeat, Noscitur a sociis, Raddendo singular singulis.

7. Interpretation with Reference to the Subject Matter and Purpose of Statutes : Penal Statutes; Taxing Statutes, Welfare Legislation, Prospective and Retrospective Operation.

8. Principles of Constitutional Interpretation : Harmonious Construction; Doctrine of Pith and Substance; Doctrine of Colourable Legislation; Occupied Field; Repugnancy.

BOOKS RECOMMENDED

Langan P.St., Maxwell on the Interpretation of Statutes.

Mathur D.N., Interpretation of Statutes.

Miers David R., Sweet & Maxwell (Interpretation of Statute).

Sarathi V.P., Interpretation of Statutes.

Singh Avtar (Dr.), Interpretation of Statutes.

Singh G.P., Principles of Statutory Interpretation.

Srivastva R.D., Interpretation of Statutes and Legislation.

PAPER – II

LEGAL LANGUAGE AND LEGAL WRITING INCLUDING PROFICIENCY IN GENERAL ENGLISH

(Paper Code : K-6002)

The course shall comprise of the following :

1. Need and Importance of Legal Language

2. Proficiency in General English

(a) Parts and Types of Sentences

(b) Parts of Speech – A Brief Introduction

(d) Active and Passive Voice

(e) Direct and Indirect (or Reported) Speech

(f) Some Common Mistakes in English

3. (a). Legal Terminology, Legal Terminology, Foreign words, Legal Maxims.

(b). Synonyms, Antonyms, Homonyms, One word substitution.

(c). Consulting a Dictionary

(d). Preparation of Bibliography.

(e). Abbreviations – Common abbreviations used in footnotes and general legal writings; abbreviations used for Indian and foreign legal periodicals.

4. Writing of Case Comment

(a) Understanding physical structure of a case reported in a Legal journals such as A.I.R., S.C.C., Scale, J.T. etc.

(b) General introduction of doctrine of precedent

(i) Precedent as source of Law (Ratio Decidendi and Obiter dictum).

(ii) Circumstances which destroy or weaken the binding force of precedent

(iii) Circumstances which increases the authority of a precedent.

5. Translation – English to Hindi and Hindi to English (on legal topic).

6. Comprehension of Legal Text.

7. Essay Writing on Topics of Legal Interest in English.

8. Former legal Correspondence, Letter Writing in English.

BOOKS RECOMMENDED

Abidi Ishtiaque, Law and Language.

Sharma K.S. (Dr.), Legal Language, Legal Writing and English Usage.

Hindi English Legal Glosary, Vidhi Sahitya Prakashan, Ministry of Law, New Delhi.

PAPER – III

LAW OF HUMAN RIGHTS

(Paper Code : K-6003)

The course shall comprise of the following :

(1) Meaning and Definition of Human Rights, Concept of Human Rights. (2) Human Rights and the United Nations.

(a) Charter Provisions.

(b) International Protection of Human Rights.

(3) Universal Declaration of Human Rights

(4) Generations of Human Rights (Three Generations) :

(a) International Covenant on Civil and Political Rights and Two Protocols (b) International Covenant on Economic, Social and Cultural Rights (c) Collective Rights

(5) European Convention on Human Rights and Fundamental Freedoms (6) American Convention on Human Rights

(7) National Human Rights Institutions with Special reference to National Human Rights Commission (NHRC) and National Commission for Women (NCW). (8) Inclusion of Human Rights Jurisprudence Under the Constitution of India Through Judicial Interpretation

BOOKS RECOMMENDED

Agrawal H.O.,Human Rights.

Basu D.D., Human Rights in Constitutional Law.

Khera S.C., Human Rights and United Nation.

PAPER – IV

INTELLECTUAL PROPERTY LAW

(Optional Paper)

(Paper Code : K-6004)

The course shall comprise of the following :

The course comprise of the following :

1. Concept of Property vis-à-vis Intellectual Property – Concept of Property - An overview, Need for Protecting Intellectual Property – Types of Intellectual Property Origin and Development – an Overview 2. Role of International Institutions – Agreements & treaties World Intellectual Property Organization

(WIPO), Function of WIPO, TRIPS, PARIS & BERN convention & other important conventions & treaties.

3. Copyright – Copyright what and why, Works Protected Under Copy Right Act, Rights Conferred by the act , Author’s Special Rights, Term of Copy right, Infringements and Remedies - Civil, Criminal and Administrative.

4. Trademarks – Definition of Trade Marks, Service Marks , Property Marks, Conditions for Registration, Duration of Registration, Effect of Registration, Rights of the Trade mark owner, Passing – Off and Infringement of Trade Mark, Appellate Board, Offences, Penalties and Procedure.

5. Patent – Meaning of Patent, Subject Matter of the patent, Inventions - Concept of Novelty, Inventive Step and Utility , Inventions not Patentable , Process and Product Patent, Acquisition of Patent, Rights of Patentees and other ‘s, Term of Patent, Infringement of patent and Remedies.

BOOKS RECOMMENDED

Ahuja, V.K., Intellectual Property Rights in India.

Bently, Lionel & Sharman BRAD., Intellectual Property Law.

Narayanan P., Intellectual Property Law.

Wadehra, B.L., Law Relating to Intellectual Property.

Prescribed Acts

The Patent Act, 1970.

The Copyright Act, 1957.

The Trade Marks Act 1999.

PAPER – IV

INFORMATION TECHNOLOGY AND CYBER LAW

(Optional Paper)

( Paper Code : K-6005 )

The course shall comprise of the following :

(A) INTRODUCTION

1. Basic concept of Technology and Law : Understanding the Technology, Scope of Cyber Laws, Cyber Jurisprudence

2. Understanding Electronic Contracts : The Indian Law of Contract, Types of Electronic Contracts, Construction of Electronic Contracts

(B) IPR IN CYBER SPACE

1. Copyright in Information Technology: Copyright in internet, Software Piracy, Multimedia and copyright issues.

2. Patents : Indian position on computer related patents, International context of patents. 3. Trademarks : Trade mark Law in India, Infringement and passing off.

(A) INFORMATION TECHNOLOGY ACT 2000 : Digital Signature, E-Governance, Regulation of Certifying Authorities, Duties of Subscribers, Penalties and Adjudication, Offences under the Act, Making of Rules and Regulation.

(B) CYBER CRIMES

1. Understanding Cyber Crimes : Crime in context of Internet, Types of Crime in Internet

2. Indian Penal Law & Cyber Crimes : Fraud, Hacking, Mischief,

Tresspass, Defamation, Stalking, Spam

3. Issues of Internet Governance : Freedom of Expression in Internet,

Issues of Censorship, Hate Speech, Sedition, Libel, Subversion, Privacy Issues, International position on Free Speech in Internet

BOOKS RECOMMENDED

Gerold R.Ferresc, Cyber Law(Text & Cases)

Prof. S.R. Bhansali, Information Technology Act

Rodney D.Ryder, Guide to Cyber Law

Vakul Sharma , Cyber Crime.

PAPER – IV

LAW RELATING TO WOMEN AND CHILD

(Optional Paper)

( Paper Code : K-6006 )

The course shall comprise of the following :

(A) Law Relating to Women :

(1) Legal Position of Women in Pre-Independence Period :

(a) Legal Position of Women in Ancient India,

(b) Legal Position of Women in Medieval India,

(2) Women's Right and Indian Constitution :

Constitutional Provisions Concerning Equality and Protection of Women in Chapters of Fundamental Rights and Directive Principles.

(3) U.N. Convention on Elimination of Discrimination Against Women, 1979. (4) U.N. Machinery for Advancement of Women's Equality and Women's Welfare. (a) International Commission on Status of Women, (b) CEDAW

(5) Social Legislation for Women : Dowry Prohibition Act, 1961,

(6) Penal Remedy to Indian Women –

(a) Dowry Crimes and I.P.C. 1860.

1. Cruelty Against Married Women (Section 498 A)

2. Offence of Dowry Death (Section 304 B)

(b) Rape and Sexual Crimes –

1. Criminal Law Amendment Act 2013 (Nirbhaya Act 2013),

2. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

(7) Stree Dhan and Matrimonial Property

(8) Women's Right to Control their Re-Productivity

(B) Law Relating to Child : Legal protection to child, Child and criminal liability, State responsibility for the education of child, Family relations and child, Legal control of child labour, Discrimination against female child, child and contracted liability.

BOOKS RECOMMENDED

Jain S.N., Child And The Law.

Mukherjee Roma, Legal Status And Remedies For Women In India.

Saxena Shobha, Crime Against Women And Protective Laws.

Swaroop K. (Dr.), Legal Protection to Children.

PAPER – IV

LAW RELATING TO RIGHT TO INFORMATION

(Optional Paper)

( Paper Code : K-6007 )

The course shall comprise of the following :

1. Meaning and Scope of Right to Information

2. Historical Background : Indian Perspective, Global Perspective

3. Media Access to Official Information

4. Right to Information and Human Rights Violations

5. Right to Information different from Right to Obtain Information

6. Basic Elements of Right to Information Law

7. Factors Restricting Free Flow of Information

8. THE RIGHT TO INFORMATION ACT, 2005 : Preliminary (Section 1 to 2), The Central Information Commission (Section 12 to 14), Right to Information and Obligations of Public Authorities (Section 3 to 11), The State Information Commission (Section 15 to 17), Powers & Function of the Information Commission, appeals & penalties (Section 18 to 20), Miscellaneous (Section 21 to 31).

9. JUDICIARY ON RIGHT TO INFORMATION :

(a). Free flow of Information for Public Record

(b). Right to information: Fundamental Right

(c). Disclosure of Information

(d). Right to Know

(e). Right to Acquire & Disseminate Information

(f). Direction on Voter’s Right to Information

(g). Right to Information and Community Participation

(h). Third Party Information

(i). Public Authority under Art. 12 of the Indian Constitution

BOOKS RECOMMENDED

Das P.K., The Right to Information Act.

Jain N.K., Right to Information Concept Law and Practice.

Khandelwal Dheera &. Khandelwal Krishana K., The Right to Information Act, 2005.

Niraj Kumar Dr., Treatise on Right to Information Act, 2005.

PAPER – V

MOOT COURT, PRE-TRIAL PREPARATIONS AND PARTICIPATION IN TRIAL PROCEEDINGS (Practical Training)

(Paper Code : K-6008)

The course shall comprise of the following :

(i). Each student will observe for Interviewing Sessions of Clients at the Lawyer’s Office / Lagal Aid Office and record the proceedings in the Diary of Sessional Work, which will carry 10 Marks. (ii). Each student will further observe the preparation of documents and Court Papers by the Advocate and procedure for filing the Suit / Petition. This will be recorded in Sessional Diary which will carry 10 Marks.

multifarious. This programme can be intellectually and professionally challenging if properly organized and integrated with Curriculum.

(D). Viva-voce : The Fourth Component of this Paper will be Viva-voce examination by the consensus of Board of Practical / Viva-voce Examiners (Internal & External Examiners) on the above three aspects. This will carry 10 Marks.

BOOKS RECOMMENDED

Rai Kailash (Dr.), Moot Court, Pre-Trial Preparations & Participation in Trial Proceedings.

Awasthi S.K. (Prof.), Practical Training of Law, Moot Court & Viva-Voce.

CH. CHARAN SINGH UNIVERSITY LL.M. 2 YEAR (FOUR SEMESTER) COURSE

AMENDED SYLLABUS

(w.e.f. : 2017 – 18 Session)

SCHEME OF EXAMINATION

The Syllabus of LL.M. 2 Year (Four Semester) Course shall be applicable in Affiliated College of the Ch. Charan Singh University, Meerut and Legal Study Center (Self- Financed) of Ch. Charan Singh University, Meerut.

SEMESTER – I (Compulsory Papers): (Total : 400 Marks)

Paper No.

Title of the Paper Paper Code

Max. Marks

I Indian Constitutional Law – I (Fundamental Rights) L-1001 100 II Jurisprudence– I (Theories of Law) L-1002 100 III Legislative Oughts, Interpretation and Judicial Process L-1003 100 IV Legal Education and Research Methodology L-1004 100

SEMESTER – II (Compulsory Papers): (Total : 400 Marks)

Paper No.

Title of the Paper Paper Code

Max. Marks

I Indian Constitutional Law – II L-2001 100 II Jurisprudence– II (Legal Concepts) L-2002 100 III Law And Social Transformation In India L-2003 100 IV Human Rights L-2004 100

Note : SEMESTER – III & IV ( Papers Based on Optional Groups)

❖ Three will be Three (03) Law Group Courses in Semester III & IV. The Student has to opt any one Law Group in LL.M. IIIrd and IV Semester. Once a group opted by the student in LL.M. III Semester, he/she cannot change the Group in LL.M. IV Semester i.e. they shall keep the same Group with them . All the Theory Paper of LL.M. IIIrd and IVth Semester will carry Maximum 100 Marks.

❖ The Student has to appear in FOUR Theory Papers in LL.M. IIIrd Semester. Each Theory Paper will carry 100 Marks.

❖ The Student will start writing a Dissertation in LL.M. III Semester on the topic (Any topic pertaining to Law and the Society) of his choice with prior consent of his / her Guide / Supervisor. It will be submitted by the students latest by one month (30 days) from the date of last theory paper of LL.M. IVth Semester examination. The Dissertation will carry 100 Marks.

❖ The Student has to appear in TWO Theory Papers in LL.M. IVth Semester. The Subject Group will be same as it was taken in Semester III by the student. Each Theory Paper will carry 100 Marks.

❖ The Student will appear in Viva-voce examination in LL.M. IVth Semester which will carry 100 Marks.

❖ LL.M. Semester III & IV Law Groups are as under :

∙ GROUP (A) : Constitutional And Administrative Law Group

∙ GROUP (B) : Business Law Group

∙ GROUP (C) : Torts And Criminal Law Group

SEMESTER – III [GROUP (A) : Constitutional And Administrative Law Group] : (Total : 400 Marks)

Paper No.

Title of the Paper Paper Code

Max. Marks

I Constitutionalism And Constitutional Development in India L-3001 100

II Comparative And Cooperative Federalism (India, America And Australia)

III Civil And Political Rights : Comparative Study of Select Constitutions (India, USA and U.K.)

L-3002 100 L-3003 100

IV Local Self Government Law L-3004 100 SEMESTER – III [GROUP (B) : Business Law Group] : (Total : 400 Marks)

Paper No.

Title of the Paper Paper Code

Max. Marks

I Contract – I (General Principles of Contract) L-3005 100 II Contract – II (Specific Contract, Sales of Goods And Law of Partnership) L-3006 100 III Company Law L-3007 100 IV Banking Law L-3008 100

SEMESTER – III [GROUP (B) : Torts And Criminal Law Group] : (Total : 400 Marks)

Paper No.

Title of the Paper Paper Code

Max. Marks

I History and Basic Principles of Criminal Law L-3009 100 II Penology And Treatment of Offenders L-3010 100 III Criminology And Privileged Class Deviance L-3011 100 IV General Principles of Tort L-3012 (A) 100

SEMESTER – IV [GROUP (A) : Constitutional And Administrative Law Group] : (Total : 400 Marks)

Paper No.

Title of the Paper Paper Code

Max. Marks

I Administrative Law of India – I L-4001 100 II Administrative Law of India – II L-4002 100 III Dissertation (Compulsory for all Students) L-4007 100 IV Viva-voce L-4008 100

SEMESTER – IV [GROUP (B) : Business Law Group] : (Total : 400 Marks)

Optional Papers

Paper No.

Title of the Paper Paper Code

Max. Marks

I Insurance Law L-4003 100 Student has to opt any one optional Paper among the following.

(subject to availability of expert Faculty in the Department)

International Trade Law (Optional Paper) OR L-4004 100 Economic Laws (Optional Paper) L-4004 (A) 100

III Dissertation (Compulsory for all Students) L-4007 100 IV Viva-voce L-4008 100

SEMESTER – IV [GROUP (C) : Torts And Criminal Law Group] : (Total : 400 Marks)

Paper No.

Title of the Paper Paper Code

Max. Marks

I Specific Principles of Criminal Law L-4005 (A) 100 II Specific Tort L-4006 100 III Dissertation (Compulsory for all Students) L-4007 100 IV Viva-voce L-4008 100

LL.M. Ist SEMESTER (COMPULSORY PAPERS)

❖ The Student has to appear in FOUR Theory Papers in LL.M. IIIrd Semester. Each Theory Paper will carry 100 Marks.

PAPER – I

CONSTITUTIONAL LAW OF INDIA - I

(Fundamental Rights)

(Paper Code : L-1001)

1. Concept of State : Constitutional And Judicial Approach of State (Article 12)

2. Right to Equality: Scope of the right to Equality. New approach of Article 14. Equality of opportunity in matters of public employment and in admission to educational institutions.

3. Freedom of Speech and Expression: The area of freedom and its limitation. Freedom of Press and challenges of new scientific development.

4. Emerging regime of new Fundamental Rights: The changing dimension of right to life and Personal Liberty. Reading Directive Principles and Fundamental Duties into Fundamental rights.

5. Right to Freedom of Religion (Article 25 – 28): The scope of the freedom and the State Control. Secularism and religious fanaticism.

6. Minorities Rights (Articles 29 & 30): Constitutional And Judicial Approach. 7. Right to Remedy : Constitutional And Judicial Approach.

8. Relationship Between Fundamental Rights And Directive Principles of State Policy.

BOOKS RECOMMENDED

Chander Pal, Centre State Relations and Indian Cooperative Federalism.

Chander Pal, State Autonomy in Indian Federation: Emerging Trends.

Hidayatullah M., Constitutional Law of India.

Jain M.P., Constitutional Law.

Pandey J.N., Constitutional Law of India.

Seervai H.M., Constitutional Law of India.

Shukla V.N., Constitutional Law of India.

Tope T.R., Constitutional Law of India.

PAPER – II

JURISPRUDENCE - I

(Theories of Law)

(Paper Code : L-1002)

The course shall comprise of the following :

1. Introduction : Definition, Nature, Scope, and Importance of the Study of legal theory.

2. Analytical School : John Austin, Hans Kelsen, And H.L.A. Hart. 3. Historical School : Karl Fedrick Savigny, Sir Henery Maine.

4. Natural Law School : Classical Natural Law, Revival of Natural Law : Rudolf Stammler and Kohler.

5. Sociological School : Background and Characteristics, Dean Roscoe Pound, and Leon Dugit.

6. Modern American Realism.

7. Relationship between Law and Morality : Hart and Fuller Controversy. 8. Economic Approach of Law : Marxist Theory of Law.

BOOKS RECOMMENDED

Bodenheilmer : Jurisprudence.

Dias, Jurisprudence.

Friedman, Law in Changing Society.

Llyoyd, Introduction of Jurisprudence.

Mahajan V.D., Jurisprudence.

Paton : Jurisprudence.

Salmond : Jurisprudence.

PAPER – III

LEGISLATIVE OUGHTS, INTERPRETATION AND JUDICIAL PROCESS (Paper Code : L-1003)

1. Principles of Legislation: Bentham’s Theory of Utility and its Relevance, Relationship of Law and Public Opinion.

2. Interpretation: Meaning, Purpose, Main Rules of Interpretation, Subsidiary Rules of Interpretation, External and Internal Rules of Interpretation, Interpretation of the Constitution and Penal statutes

3. Judicial Process:

(a) The concept of justice and relation between Law and Justice. the concept of ‘Dharma’ in Indian thought. ‘Dharma’ as the foundation of legal ordering. Various theories of justice in the Western thought.

(b) The nature of Judicial Process. Judicial process as an instrument of social ordering. Judicial process and creativity in law. The tools and techniques of judicial creativity and precedents.

(c) Judicial Process in India. Indian debate on the role of judges and on the notion of judicial review. Danger signals and New challenges before the Indian Judiciary. (d) Independence of judiciary and the nature of judicial process. Provisions of the Indian Constitution guaranteeing Independence of judiciary. Attitude of confrontation with the Legislature & Executive. Appointment & transfer of judges and its effect on independence of judiciary.

(e) Judicial Activism and Constitutional obligations of the court. Evolution of the concept. Reasons in defense of judicial activism. Constitution of India and judicial activism. Role played by the Supreme Court of India. The tools and techniques of the judicial activism. Need for care and caution.

(f) Decision making in the Supreme Court of India: Nature of participation- Dissent, concurrence, unanimity and voted with majority etc.

BOOKS RECOMMENDED

Bentham, Theories Of Legislation.

Cardozo, Nature of Judicial Process.

Craise W. F, Statute Law.

Dicey, A.V., Law and Public Openion.

Henry J. Abraham, Judicial Process.

J. Swaroop, Interpretation.

Maxwell, Interpretation.

PAPER – IV

LEGAL EDUCATION AND RESEARCH METHODOLOGY

(Paper Code : L-1004)

1. Objectives of Legal Education

2. Lecture methods of teaching –Problem method, Discussion method and Seminar method of teaching.

3. Clinical legal education.

4. Research – Meaning, Objectives, Motivations, Types and Significance, Method and Methodology, Scientific Methodology, Research Process.

5. Legal Research – Evolution, Changing Emphasis and Contemporary Trends in general and specific to India..

6. Research Methodology- Doctrinal, Empirical/Socio-Legal , Inter/Multidisciplinary, Historical, Descriptive, Diagnostic etc.

7. Selection and Formulation of Legal Research Problem, Utility of Literature Review. 8. Sources of Legal Research / Data collection methods (Tool of legal research) – Primary and secondary sources, Use of Library and Computer in Legal Research. 9. Hypothesis.

10.Research Design – Modes of data collection in empirical research – Observation, Interview, Questionnaire, Schedules, Case Study.

11.Sampling and Interpretation of Data.

12.Report Writing – Synopsis, Report Writing (Research Proposal, reports, research article, writing of thesis, writing References, Bibliography, Writing of an Abstract, Presenting the subjest (by foot notes, Table, graphs, index Appendices).b

BOOKS RECOMMENDED

Aggarwal Shipra, Legal Research Methodology.

Black Thomas, Understanding Social Science Research.

Bruce L. Berg, Qualitative Research Methods For The Social Sciences.

C.R. Kothari, Research Methodology: Methods and Techniques.

Engalhart Max D., Methods of Educational Research.

Fern Edward F, Advanced Focus Group Research.

Galtung Johan, Theory and Methods of Social Research.

Kothari C.R., Research Methodology- Methods and Techniques.

Purohit Mona, Legal Education and Research Methodology.

LL.M. IInd SEMESTER (COMPULSORY PAPERS)

❖ The Student has to appear in FOUR Theory Papers in LL.M. IInd Semester. Each Theory Paper will carry 100 Marks.

PAPER – I

CONSTITUTIONAL LAW OF INDIA - II

(Paper Code : L-2001)

1. Indian Federalism: Conceptual position of Federalism. Nature of the Indian Constitution. Cooperative Federalism. Relationship of trust and faith between center and state. Challenges before the Indian Federalism.

2. Distribution of Legislative Powers: The Scheme of the distribution of legislative powers in India the judicial approach and the present position. Recommendation of Sarkaria Commission & Venkatachaliah Commission.

3. The Judiciary: The Supreme Court of India. Jurisdiction and Powers. Its role as guardian of the Constitution, Independence of Judiciary.

4. Tortious Liability of State : Constitutional And Judicial Approach. 5. Freedom of Trade Commerce And Intercourse (Article 301 – 308) 6. Parliamentary Privileges.

7. Parliamentary Form of Government versus Presidential Form of Government.

8. Emergency Provisions in Indian Constitution : National And State Emergency

9. Amendment of the Constitution (Article 368).

BOOKS RECOMMENDED

Chander Pal, Centre State Relations and Indian Cooperative Federalism.

Chander Pal, State Autonomy in Indian Federation: Emerging Trends.

Hidayatullah M., Constitutional Law of India.

Jain M.P., Constitutional Law.

Pandey J.N., Constitutional Law of India.

Seervai H.M., Constitutional Law of India.

Shukla V.N., Constitutional Law of India.

Tope T.R., Constitutional Law of India.

PAPER – II

JURISPRUDENCE - II

(Legal Concepts)

(Paper Code : L-2002)

(1) Legal Person : Nature and Concept, Theories of Legal Personality. (2) Legal Rights and Duties: Definition, Basis and Characteristics, Kinds of Legal Rights, Relationship between Rights and Duties, Wider sense of Right.

(3) Possession : Theories of Possession, Possession in fact and Possession in Law, Kinds of Possession.

(4) Ownership : Definition, Kinds of Ownership, Relation between Possession and Ownership.

(5) Liability : Remedial Liability and Penal Liability, Strict and Vicarious Liablility, Mens rea and Negligence.

(6) Law and Justice : Administration of Justice, Theories of Punishment. (7) Concept of State and Sovereignty.

(8) Sources of Law : Custom, Precedent, and Legislation.

BOOKS RECOMMENDED

Bodenheilmer : Jurisprudence.

Dias, Jurisprudence.

Friedman, Law in Changing Society.

Llyoyd, Introduction of Jurisprudence.

Mahajan V.D., Jurisprudence.

Paton : Jurisprudence.

Salmond : Jurisprudence.

PAPER – III

LAW AND SOCIAL TRANSFORMATION IN INDIA

(Paper Code : L-2003)

1. Interaction of Law and Social Sciences

2. Impact of Social development on Law

3. Social Morality and legal order

4. Legal Idealism and the sociological approach to law

5. Law as an instrument of social change

6. Role of Law, the individual, & the welfare State

7. Role of Law and the function of Lawyers / Judges

8. Contemporary Society and the law

∙ Industrial reforms / Economic Reforms.

∙ Agarian reforms.

∙ Modernization & the law.

∙ Reforms of family law.

∙ Prison Reforms.

∙ Reforms in justice delivery system.

∙ Reforms of civil and criminal laws.

∙ Sarvodaya etc (Role of democracy , panchayati raj , N.G.O’S etc.)

BOOKS RECOMMENDED

Basu, D.D., Constitution of india, Prentice Hall of India Pvt.Ltd. New.Delhi, 1996.

Baxi, Upendra, Law & Poverty (Critical Essays), N.M. Tripathi Publication, Bombay, 1988

Baxi, Upendra, The Crisis of Indian Legal System, Vikas Publication, New Delhi, 1982.

Bhatt, P.I., Law & Social Transformation. , Eastern Book Company, Lucknow.

Derret, Duncan, The State , Religion & Law in India, Oxford Uni. Press, New.Delhi, 1999.

Friedman, W., Law in Changing Society, Universal Publication.

Galanter, Marc (ed. ), Law & Society in Modern India, Oxford, 1997.

Indian Law Institute, Law & Social Change : Indo American Reflections, N.M. Tripathi Publication, Bombay, 1988. Lingat, Robert, The Classical Law of India, Oxford, 1998.

Seervai, H.M., Constitutional Law of India, N.M. Tripathi Publication, Bombay, 1996.

PAPER – IV

HUMAN RIGHTS

(Paper Code : L-2004)

1. Human Rights and the United Nations Charter:

(a) Normative and Institutional Framework of the UN

(b) Role of the permanent organs of the UN, Human Rights Commissions, UN High Commissioner for Human Rights

2. Universal Declaration on Human Rights:

(a) History of the Declaration

(b) Structure of the Declaration

3. International Covenants: ICCPR and ICESCR

(a) Nature and Characteristic

(b) Optional Protocols

4. Regional Instruments

(a) European Convention on Human Rights

(b) American Convention on Human Rights

(d) Asia and Human Rights

5. Right to Life and Personal Liberty: Evolution of New Dimension of Human Rights Through Judicial Interpretation.

6. Implementation and Enforcement Mechanism of Human Rights in India. Remedies provided by the Judiciary and National Human Rights Commission.

7. Fundamental Duties. Article 51-A of the Constitution concept and need of Fundamental Duties. Enforcement and Effectuation of Fundamental Duties.

8. Emerging regime of new Human Rights in India. Taking guidance from Directive Principles of State Policy and Fundamental Duties. New Approach.

BOOKS RECOMMENDED

Agrawal H.O.,Human Rights.

Basu D.D., Human Rights in Constitutional Law.

Khera S.C., Human Rights and United Nation.

LL.M. IIIrd & IVth SEMESTER

(OPTIONAL GROUP PAPERS)

The Student has to opt any one Law Group among the following Law Groups in LL.M. IIIrd and Fourth Semester. Once a group opted by the student in LL.M. III Semester, he/she cannot change the Group in LL.M. IV Semester i.e. they shall keep the same Group with them . All the Theory Paper of LL.M. IIIrd and IVth Semester will carry Maximum 100 Marks.

∙ GROUP (A) : Constitutional And Administrative Law Group OR

∙ GROUP (B) : Business Law Group

∙ GROUP (C) : Torts And Criminal Law Group

IIIrd SEMESTER

Syllabus

∙ GROUP (A) : Constitutional And Administrative Law Group

❖ The Student has to appear in FOUR Theory Papers in LL.M. IIIrd Semester. Each Theory Paper will carry 100 Marks. ❖ The Student will start writing a Dissertation on the topic of his choice (Any topic pertaining to Law and the Society) with prior consent of his / her Supervisor / Guide. It will be submitted by the students latest by one and half month (45 days) from the date of last theory paper of LL.M. IVth Semester examination.

PAPER – I

[GROUP (A)]

CONSTITUTIONALISM AND CONSTITUTIONAL DEVELOPMENT

IN INDIA AND ENGLAND

(Paper Code : L-3001)

1. What is a Constitution? Constitution, Constitutional Law and Constitutionalism. Concept of Limited Government and limitations on government power. Conventions of constitutionalism- Law and conventions. Historical evaluation of constitutional government in India and England.

2. Rule of Law. Concept and new horizons; Separation of powers. Concept and its applicability in India and England.

3. Sovereignty of British Parliament, Powers and Functions Privileges of the Parliament and Courts- Indian and British position.

4. The King of England. Prerogatives of the Crown. Position of the Kind in England. Cabinet System of government in India and England.

5. The Judicial system in England. Crown Proceeding Act 1947. Judicial Review and Constitutionalism in India. Prerogative writs.

BOOKS RECOMMENDED

Begehot Walter, The English Constitution.

Boqdanor Vernon, The New British Constitution.

Hidayatullah M., Constitutional Law of India.

Jain M.P., Constitutional Law.

King Anthoni, The British Constitution.

Pandey J.N., Constitutional Law of India.

Seervai H.M., Constitutional Law of India.

Shukla V.N., Constitutional Law of India.

PAPER – II

[GROUP (A)]

COMPARATIVE AND COOPERATIVE FEDERALISM

(India, America, And Australia)

(Paper Code : L-3002)

1. Concept of Federalism. Requisite conditions of federalism Patterns of federal government of U.S.A. and Australia. Federal Control v. State autonomy. 2. Indian Federal Constitution and its present shape.

3. The changing dimension of modern federal Constitutions New trends in federalism. National supremacy. Cooperative Federalism.

4. The scheme of the distribution of legislative powers in India and a comparative study of the scheme of U.S.A. and Australia. The specific legislative powers: Defence & External affairs.

5. Emergency provisions. Effect of Emergency on the federal structure. Judicial approach. Indian and American experiences.

6. Judicial Review for federal Umpiring. Scope of judicial review in the federal Constitutions. The approach of Indian & American Supreme Court.

7. Scope of Constituent power. Amending process and process in action. Judicial response. The direction of the Indian constituent power.

BOOKS RECOMMENDED

Amar Akhil Reed, America’s Constitution : A Select Bibliography.

French Robert, Lindell Geoffrey and Saunders Cheryl (ed.), Reflections on the Australian Constitution.

Hidayatullah M., Constitutional Law of India.

Jain M.P., Constitutional Law.

Landynski Jacob & Padover Saul, The Living U.S. Constitution.

Mason, The Australian Constitution in Retrospect and Prospect.

Pandey J.N., Constitutional Law of India.

Saunders Cheryl, The Constitution of Australia.

Seervai H.M., Constitutional Law of India.

Shukla V.N., Constitutional Law of India.

Stevens Richard G., The American Constitution and Its Provenance.

Vile John R., A Companion to the United States Constitution and Its Amendments.

PAPER – III

[GROUP (A)]

CIVIL AND POLITICAL RIGHTS : COMPARATIVE STUDY OF SELECT CONSTITUTIONS (India, United States of America and United Kingdom)

(Paper Code : L-3003)

1. Constitutional basis for protection of Individual rights. Balance between individual liberty and social needs. To whom and against whom Rights are available. Suspension of Rights.

2. Right to Equality. General principles. Protective discrimination with special references to emerging judicial response to the problems of group inequalities. Comparative study of the decisions of the Indian and American courts.

3. Freedom of Speech and Expression: Special attention will be paid to the liberty of Press as interpreted by the Indian Supreme Court and to the interpretation of the freedom guaranteed by the First Amendment of the American Constitution.

4. Right to life and Personal Liberty: Judicial determination of the scope of the term “personal liberty’, “procedure established by law” and the American expressions “liberty’ and ‘due process”. Radical changes in judicial thinking in this area.

5. Freedom of Religion Judicial interpretation of the freedom under the Constitution of India and of the United States.

6. Amendment of Rights: Adaptability of the Constitutional law to the changing needs of the society. Power and Procedure for amendments of these rights under the American and Indian constitution.

7. Elections and the Franchise: Constitutional foundation of the right to vote. The voting rights Acts. Judicial supervision of Elections.

BOOKS RECOMMENDED

Amar Akhil Reed, America’s Constitution : A Select Bibliography.

Begehot Walter, The English Constitution.

Boqdanor Vernon, The New British Constitution.

Hidayatullah M., Constitutional Law of India.

Jain M.P., Constitutional Law.

Landynski Jacob & Padover Saul, The Living U.S. Constitution.

Pandey J.N., Constitutional Law of India.

Saunders Cheryl, The Constitution of Australia.

Seervai H.M., Constitutional Law of India.

Shukla V.N., Constitutional Law of India.

Stevens Richard G., The American Constitution and Its Provenance.

Vile John R., A Companion to the United States Constitution and Its Amendments.

PAPER – IV

[GROUP (A )]

LOCAL SELF GOVERNMENT LAW

(Paper Code : L- 3004)

1. Historical Perspectives: Early period, Gram Swaraj-the Gandhian concept 2. Constitutional Scheme: Directive Principles, Structure and powers of local bodies 3. Legislative Powers: Direct democracy and grass root planning, Municipalities and corporation, gram Sabha

4. Quasi-legislative Powers: Rule making power of the State Government, Regulations and Bye-laws

5. Financial Powers: Levying taxes, Licensing power, Financial resources and powers 6. Judicial and Quasi-judicial powers of the Local Bodies

7. Election to Local Bodies

8. Conduct of Meetings – Corporation, Municipal Council, Panchayat Committee and Gram Sabha

9. Institutional and Judicial Control

BOOKS RECOMMENDED

Dhaliwal S.S., Local Self Government.

Jain M.P., Constitutional Law.

Mudgal Rahul, Local Self Government in India.

Pandey J.N., Constitutional Law of India.

Seervai H.M., Constitutional Law of India.

Shukla V.N., Constitutional Law of India.

Swami Satpal, Local Self Government.

Vidyasagar I.S., Local Self Government – Theoritical Perspective.

IIIrd SEMESTER

Syllabus

∙ GROUP (B) : Business Law Group

∙ The Student has to appear in FOUR Theory Papers in LL.M. IIIrd Semester. Each Theory Paper will carry 100 Marks. ∙ The Student will start writing a Dissertation on the topic of his choice (Any topic pertaining to Law and the Society) with prior consent of his / her Supervisor / Guide. It will be submitted by the students latest by one and half month (45days) from the date of last theory paper of LL.M. IVth Semester examination.

PAPER – I

[GROUP (B)]

(CONTRACT – I : GENERAL PRINCIPLES OF CONTRACT)

(Paper Code : L- 3005)

1. Formation of Contract: A critical study of offer and acceptance. 2. Doctrine of Consideration and Privity of Contract

3. Capacity to contract: Nature of minor’s agreements and the doctrine of restitution. 4. Consent: Meaning, importance and the factors vitiating free consent with special reference to Fraud and Misrepresentation.

5. Standard form Contracts.

6. Void Agreements: With special reference to agreements relating to restraint of trade and wagering agreements.

7. Discharge of contracts with special reference to the doctrine of frustration. 8. Relations resembling those created by contract.

9. Remedis in the form of compensation.

BOOKS RECOMMENDED

Anson’s Law of Contract.

Bangia R.K. (Dr.), Indian Contract Act

Desai S.T., The Indian Contract Act

Kapoor S.K., Contract

Moitra A.C., (Dr.), Principles and Digest of Indian Contract Act.

Pollock and Mulla, Indian Contract and Specific Relief Act

Singh Avtar (Dr.), Law of Contract

PAPER – II

[GROUP (B)]

(CONTRACT – II : SPECIFIC CONTRACT, SALES OF GOODS AND LAW OF PARTNERSHIP) (Paper Code : L- 3006)

1. Contract of Indemnity : Definition and nature of contract of indemnity, Extent and commencement of liability.

2. Contract of Guarantee : Meaning and Essentials of Contract of Guarantee, Extent of Surety’s Liability, Discharge of Surety’s Liability, Rights of Surety. 3. Contract of Bailment & Pledge : Meaning and Essentials of Contract of Bailment, Duties of Bailer and Bailee, Rights of Bailee, Meaning and Essentials of Pledge and persons entitled to pledge.

4. Contract of Agency : Nature and Essentials of Contract of Agency, Creation of Agency: Implied Agency and Agency of Necessity, Agency by Ratification, Termination of Agency.

5. Delineation of Sale, Essentials of Contract of Sale and Agreement to Sale, Duties of Sellers and Buyers, Sale by Sample, Sale by Description, Conditions and Warranties, Rule of Caveat Emptor.

6. Transfer of Title, Passing of Property in Goods, Delivery of Goods – Rules regarding Delivery of Goods, Unpaid Seller and his Rights, Remedies for the Breach of Contract.

7. Network of Partnership, Difference between Partnership and a Company, Mutual relationship between Partners, Authority of Partners, Dissolution of Partnership, Minor as Partner. Effect of non-registration of Firm.

8. Limited Liability Partnership.

BOOKS RECOMMENDED

Anson’s Law of Contract.

Bangia R.K. (Dr.), Indian Contract Act

Desai S.T., The Indian Contract Act

Kapoor S.K., Contract

Moitra A.C., (Dr.), Principles and Digest of Indian Contract Act.

Narayena P.S., The Law of Partnership.

Pollock and Mulla, Indian Contract and Specific Relief Act

Singh Avtar (Dr.), Law of Contract.

PAPER – III

[GROUP (B)]

COMPANY LAW

(Paper Code : L- 3007)

1. Introduction – History of Company Legislation, Characteristic features of company , Lifting of Corporate veil, Kind of companies.

2. Memorandum and Articles of association – Meaning, Contents and alteration, Doctrine of Ultra Vires, Doctrine of Indoor Management.

3. Prospectus – Meaning, definition and contents of a prospectus, statement in lieu of prospectus, Mis – Statement in a prospectus and their consequences.

4. Share and Share Capital – Meaning and Kinds of Shares, Allotment, Forfeiture, Transfer, Transmission of Shares, Underwriting and Brokerage, Bonus shares, Right shares, Reduction of Share Capital.

5. Investment, loans and borrowings – Investments, Charges , Debentures, Kinds of Debentures, Debenture Trust deed.

6. Company Management- Qualification and Disqualification of directors, appointment and removal of directors, legal position, duties, liabilities and power of directors.

7. Company Meetings – Types / Kinds of Meeting, Quorum and resolution of meetings 8. Majority Rule and Minority Protection – Foss v. Harbottle, Exception to the rule, Prevention of oppression and Mismanagement.

9. Amalgamation, Merger Take over and Reconstruction.

10. Winding –up – Modes of Winding up, Dissolution of Companies, Liquidators, NCLT. 11. Corporate Governance and Corporate Social Responsibility.

BOOKS RECOMMENDED

Majumdar A.K., Company Law and Practice.

Kapoor G.K. (Dr.) & Gower L.C.B., Principles of Modern Company Law.

Singh Avtar (Dr.), Indian Company Law.

Ramayya A., A Guide to Companies Act.

Rai Kailash, Principles of Company Law.

Dhingra L.C. (Dr.), Principles of Company Law

Tripathi S.C. (Dr.), Modern Company Law.

The Companies Act, 2013.

PAPER – IV

[GROUP (B)]

BANKING LAW

(Paper Code : L- 3008)

1. Introduction: Nature and development of banking. History of banking in India and elsewhere-indigenous baking-evolution of banking in India-different kinds of banks and their functions, Multi-functional banks- growth and legal issues.

2. Law relating to Banking Companies in India: Controls by government and its agencies. On management, On accounts and audit, Lending, Credit policy, Reconstruction and reorganization, Suspension and winding up, Contract between banker and customer; their rights and duties.

3. Social Control over Banking: Nationalization, Evaluation: private ownership, nationalization and disinvestments, Protection depositors, Priority lending, Promotion of under privileged classes.

4. Deposit Insurance: The Deposit Insurance Corporation Act 1961: Objects and Reasons, Establishment of Capital of DIC, Registration of banking companies insured banks, liability of DIC to depositors, Relations between insured banks, DIC the Reserve Bank of India.

5. The Central Bank: Evolution of Central Bank, Characteristic and functions, Economic and social objectives, The Central Bank and the Sate as bankers’ bank, The Reserve Bank of India as the central Bank, Organizational structure, Functions of the RBI, Regulation monitory mechanism of the economy, Credit control , Exchange control, Monopoly of currency issue, Bank rate policy formulation, Control of RBI over non-banking companies, Financial companies, Financial companies, Non-financial companies.

6. Relationship of Banker and Customer: Legal character, Contract between banker and customer, Banker’s lien, Protection of bankers, Customers, Nature and type of accounts, Special classes of customers-lunatics, minor, partnership, corporations, local authorities Banking duty to customers, Consumer protection: baking as service.

7. Negotiable Instruments: meaning and kinds, Transfer and negotiations, Holder and holder in due course, Presentment and payment, Liabilities of parties.

8. Lending by Banks: Good lending principles, Lending to poor masses, Securities for advances, Kinds and their merits and demerits, Repayment of loans: rate of interest, protection against penalty, Default and recovery, Debt recovery tribunal.

9. Recent Trends of Banking System in India: New technology, Information technology, Automation and legal aspects, Automatic teller machine and use of internet, Smart card, Use of expert system, Credit cards.

10. Reforms in Indian Banking Law: Recommendations of committees: a review. BOOKS RECOMMENDED

Bangia R.K., Negotiable Instrument Act.

Bashyam & Adiga: The Negotiable Instrument Act.

Chorley Lord, Law of Banking.

Faizi O..P., The Negotiable Instrument Act.

Gupta S.N., Banks and the Customer Protection Law.

Gupta S.N.,The Banking Law and Practice in India.

Megrah Maurice & Ryder F.R., Pagets Law of Banking.

Parthasarathy M.P., Negotiable Instrument Act.

Singh Avtar (Dr.), Negotiable Instrument Act.

Tannen M.L., Banking Law and Practice in India.

IIIrd SEMESTER

Syllabus

∙ GROUP (C) : Torts And Criminal Law Group

PAPER – I

[GROUP C]

HISTORY AND BASIC PRINCIPLES OF CRIMINAL LAW

[Paper Code : L- 3012 (A)]

1. Criminal Jurisprudence in Primitive and Ancient Ages.

2. Development of Criminal Law in India and England in Medieval Period. 3. Place of Criminal Law in Criminal Science.

4. Nature and Definition of Crime including distinction between Ethical, Moral, Civil, and Criminal wrongs.

5. Capacity to commit crime including Corporate Liability.

6. Mental Element in Crime.

7. Causation in Crime including Remoteness and types of harm.

8. Subjective Liability in Crime.

9. Holme’s Theory of Objective Liability.

10.Strict Responsibility in Crime including difference with Absolute Liability.

BOOKS RECOMMENDED

Huda S.S, Principles of Law of Crimes in British India, Tagore Law Lecturer, 1902.

Kenny C.S., Outlines of Criminal Law.

Nigam R.C., Law of Crime in India, Vol. I (Principles of Criminal Law.)

Pillai P.S.A, Criminal Law.

Smith J.C. & Hogan B, Criminal Law.

Williams G.L., Criminal Law.

PAPER – II

[GROUP (C)]

PENOLOGY AND TREATMENT OF OFFENDERS

(Paper Code : L- 3010)

1. Basics of Punishment – Concept, Definition and elements, Schools of Penology, Approaches to Punishment – Punitive, Therapeutic and Preventive.

2. Justification of Punishment – Retribution, Utilitarian Prevention-Deterrence, Behavioural Prevention – Incapacitation, Behavioural Prevention – Expiation. 3. Theories of Punishment – Theory of Cultural Consistency, The Scape goat theory, Social Structure theory.

4. Forms of Punishment.

5. The Problem of Capital Punishment – Constitutionality of Capital Punishment, Controversy in the context of effectiveness of Capital punishment, Judicial Attitude. 6. Imprisonment – Evolution and development of Prison system Prison system in Modern India. Prison reforms in India .

7. Treatment of offenders- Concept of treatment of offenders , Probation, Open Prison. 8. Juvenile Justice – Juvenile delinquency, Treatment and rehabilitation of Juveniles. 9. New Dimension of Penology – Compensation to victim (Victimology).

BOOKS RECOMMENDED

Fitzgerald , Punishment.

Hart H.L.A, Punishment & Responsibility.

Oppenheimer, Rationale of Punishment.

Packer Iterbert L., Limits of Criminal Sanction.

Ross A., On Guilt, Responsibility & Punishment.

Shukla K.S., Sociology of Deviant Behavior.

Siddiqui A., Criminology.

Sutherland, E. and Cressy, Principles of Criminology.

PAPER – III

[GROUP (C)]

CRIMINOLOGY AND PRIVILEGED CLASS DEVIANCE

(Paper Code : L- 3011)

1. Basics of Criminology – Definition , Nature ,Scope and Methods of Study Criminology.

2. Schools of criminology – Classical , Cartographic, Socialist, Positivistic, Biological and Sociological.

3. Etiology of Crime – Theories.

4. Modern trends in criminology.

5. Privileged Class Deviance – Concept of white collar crime, socio-economic, crime and privileged class deviance.

6. The Distinction between traditional offences and Privileged class Deviance. 7. Typical forms of privileged Class Deviance – Business deviance, official deviance and professional deviance.

8. Response to the deviance of privileged classes.

BOOKS RECOMMENDED

Alf Ross, On Guilt, Responsibility and Punishment

Barnes and Tetters, New Horizan in Criminology

Boxi, Upendra, Law and Poverty : Essays.

Boxi, Upendra, The Crises of Indian Legal System.

Chhabbra, S., The quarilum of Punishment

Garofolo, Criminology Part I, II, III

Hort, H.L.A., Punishment and Responsibility

Shukla, K.S., Sociology of Deviance Behaviour.

PAPER – I

[GROUP (C)]

GENERAL PRINCIPLES OF TORT

(Paper Code : L- 3012)

1. Genesis and Evolution of Tort – Forms of Action, The Writ of Trespass and the Writ of Trespass on the Case (The Case).

2. Definition, Nature, Scope, Distinctions with other Civil wrongs 3. Principle of Liability in Tort – Strict Liability, absolute Liability, Vicarious Liability.

4. General Exceptions and Justifications in Torts.

5. Assessment of Damages : Judicial Approach.

6. State Liability – Doctrine of Sovereignty and its relevance in India. 7. Remedies – Judicial and Non – judicial.

BOOKS RECOMMENDED

Bangia R.K., The Law of Torts.

Kapoor S.K., Law of Torts.

Lal Rattan & Lal Dhiraj, The Law of Torts.

Paranjape N.V., Law of Torts.

Salmond W.G., Law of Torts.

Winfield and Jolowicz, Torts.

IVth SEMESTER

Syllabus

∙ GROUP (A) : Constitutional And Administrative Law Group

❖ The Student has to appear in TWO Theory Papers in LL.M. IVth Semester. Each Theory Paper will carry 100 Marks. ❖ The Student will submit his / her Dissertation latest by one and half month (45 days) from the date of last theory paper of LL.M. IVth Semester. The Dissertation will carry 100 Marks.

❖ The Student will appear in Viva-voce examination in LL.M. IVth Semester which will carry 100 Marks.

PAPER – I [GROUP (A)]

ADMINISTRATIVE LAW IN INDIA – I

(Paper Code : L- 4001)

(1) Importance and Scope of Administrative Law;

(2) Rule of Law;

(3) Separation of Powers;

(4) Delegated Legislation:

a. Constitutionality;

b. Judicial Control;

c. Parliamentary Control;

d. Procedural Control

(5) Ombudsman in India (Lokpal)

(6) Central Vigilence Comission

(7) The Commission of Inquiry Act, 1952.

BOOKS RECOMMENDED

Basu D.D., Comparative Administrative Law.

Jain M.P. & Jain S.N., Principles of Adminstrative Law.

Joshi K.C., Administrative Law.

Massey I.P., Administrative Law.

S.P.Sathe, Administrative Law.

Takwani C.K., Lectures on Administrative Law.

Thakkar C.K., Administrative Law.

Wade H.P.W., Principles of Administrative Law.

PAPER – II

[GROUP (A)]

ADMINISTRATIVE LAW IN INDIA – II

(Paper Code : L- 4002)

(1)Judicial Review of Discretionary Power.

(2)Writ of Habeas Corpus

(3)Writ of Mandamus.

(4)Writ of Certiorari.

(5)Writ of Prohibition.

(6) Writ of Quo-warranto.

(7) Natural Justice: Rule Against Bias, Opportunity of Hearing (Audi alteram partem). (8)Administrative Tribunals.

(9) Domestic Inquiries.

(10)Administrative Finality.

(11) Role of Declaratory Decree as Public Law Remedy.

(12) Role of Injunction as Public Law Remedy.

BOOKS RECOMMENDED

Basu D.D., Comparative Administrative Law.

Jain M.P. & Jain S.N., Principles of Adminstrative Law.

Joshi K.C., Administrative Law.

Massey I.P., Administrative Law.

S.P.Sathe, Administrative Law.

Takwani C.K., Lectures on Administrative Law.

Thakkar C.K., Administrative Law.

Wade H.P.W., Principles of Administrative Law.

∙ DISSERTATION (Code : L- 4007) (100 Marks) : Dissertation will be submitted by the students latest by one and half month (45 days) from the date of last theory paper of LL.M. IVth Semester examination.

∙ VIVA- VOCE (Code : L-4008)--- 100 Marks.

IVth SEMESTER Syllabus ∙ GROUP (B) : Business Law Group

❖ The Student has to appear in TWO Theory Papers in LL.M. IVth Semester. Each Theory Paper will carry 100 Marks. ❖ The Student will submit his / her Dissertation latest by one and half month (45days) from the date of last theory paper of LL.M. IVth Semester. The Dissertation will carry 100 Marks. ❖ The Student will appear in Viva-voce examination in LL.M. IVth Semester which will carry 100 Marks.

PAPER – I

[GROUP (B)]

INSURANCE LAW

(Paper Code : L- 4003)

1. Nature and definition of Contract of Insurance – Definition of Contract of Insurance, Contract is ‘Aleatory’, Contract of utmost good faith, Contract of indemnity, Contract of Wager. 2. General Principle of Law of Insurance – The Risk – Commencement, Attachment and duration, Assignment and alteration, Settlement of Claim and Subrogation, Effect of War upon policies, Insurable Interest, Double Insurance and Re- Insurance.

3. Life Insurance – Nature and scope, Event insured against Life Insurance Contract, Circumstances affecting the risk, settlement of claim and payment of money.

4. Marine Insurance – Nature and scope, Classification of marine policies, Insurable interest, Insurable value, Voyage – deviation, Perils of the Sea, Assignment of Policy.

5. Property Insurance – Fire Insurance, Policies covering accidental loss, damage to property, Risk of explosion, Storm and tempest, Burglary and theft policies, Goods in transit insurance, Agriculture insurance.

6. Insurance against accidents and third party risks, Assessment of Compensation, Contributory Negligence, Apportionment of compensation and liability, Compulsory insurance, Liability Insurance, Public Liability Insurance.

7. Miscellaneous – Group Life Insurance, Medi-claim, Sickness Insurance, Insurance Regulatory and Development Authority.

BOOKS RECOMMENDED

Mishra M.N., Principles of Insurance and Practices.

Mishra M.N., Principles of Insurance.

Rao C.R., Treaties on the Law of Insuranc.

Singh Brij Nandan, Insurance Law.

Ray R.M., Life Insurance in India.

Singh Avtar, Law of Insurance.

Janhit College of Law Online Classes

Thursday, 15 October 2020

Janhit College of Law LLB / LLM Syllabus

No comments:

Post a Comment

Difference Between "Damnum Sine Injuria" and "Injuria Sine Damnum"