for ll.b. (3 years) annual system (part : i, ii & iii)gndu.ac.in/syllabus/201213/laws/llb tyc...

FACULTY OF LAWS

SYLLABUS

FOR

LL.B. (3 YEARS) ANNUAL SYSTEM (PART : I, II & III)

EXAMINATION: 2013

GURU NANAK DEV UNIVERSITY AMRITSAR

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LL.B (THREE YEARS COURSE) ANNUAL SYSTEM

1

SCHEME OF STUDIES FIRST YEAR I Law of Contract and Sale of Goods II Torts and Consumer Protection Laws III Family Law IV Indian Constitutional Law V Public International Law and Human Rights VI Jurisprudence VII Interpretation of Statutes SECOND YEAR

I. Law of Crimes II. Law of Property and Easements III. Law of Companies and Partnership Act. IV. Administrative Law V. Environmental Law VI. Land Laws including Ceiling and Other Local Laws

VII. Any one of the following: i) Law of Intellectual Property ii) Information Technology and the Law iii) Insurance Law iv) Labour Law v) Taxation Law vi) Disability Law and the Human Rights

THIRD YEAR I Law of Evidence II Law of Civil Procedure Code and Limitation Act III Arbitration, Conciliation and Alternative Dispute Resolution System IV Practical I Drafting, Pleadings and Legal Language V Law Relating to Criminal Procedure, Juvenile Justice Act and Probation of

Offenders Act. VI Practical II & III Conveyancing and Professional Ethics and Bench-Bar

Relations, Public Interest Lawyering, Legal Aid and Para Legal Services VII Any one option of the following:

i) Criminology and Penology ii) International Organisation

iii) Women and Law and Law relating to Child iv) Health Care Law v) Air and Space Law vi) Human Rights, Humanitarian Law and Refugee Law

VIII Practical-IV Moot Court, Pre-trial Preparations, Participation in Trial Proceedings and Chamber Training


(PART-I)

2

PAPER-I: LAW OF CONTRACT AND SALE OF GOODS Time: 3 Hours Max. Marks: 100 The Syllabus consists of five units and the Paper setter is required to set the paper as under:- Section A: It will consist of 10 compulsory questions of 2 marks each. Answer to each question is to be of five lines. The paper setter is required to set two questions from each unit. 20 Marks Section B: It will consist of 15 questions of six marks each. Answer each question is to be in 2 pages. Three questions are to be set from each unit and the candidates are required to attempt eight questions in all attempting atleast one question from each unit. 48 Marks Section C: It will consist of five questions of 16 marks each. Answer to each question is to be in 5 pages. One question is to be set from each unit and the candidates are required to attempt any two questions out of five. 32 Marks Atleast two Judgments from the Syllabus should be reflected in the paper.

UNIT-I

a) Definitions b) Proposal c) Acceptance d) Consideration e) Capacity to contract Judgments: 1. Bhagwan Dass Goverdhan Dass Kedia v.Girdhari Lal and Purshotam Dass AIR 1966

SC 543 2. Sonia Bhatia V. State of U.P. AIR 1981 SC 1274

UNIT-II a) Free Consent b) Coercion c) Undue Influence d) Misrepresentation e) Fraud f) Mistakes g) Legality of Objects h) Void Agreements i) Quasi-contracts


(PART-I)

3

Judgments: 1. Gheru Lal Parakh v. Mahadeo Dass, AIR 1959 SC 781 2. Khan Gul & Others v. Lakha Singh, AIR 1928 Lahore 609

UNIT-III

a) Modes of Discharge of Contract b) Contingent Contracts c) Novation, Recession d) Impossibility of Performance of Contracts e) Doctrine of Frustration Judgments: 1. Puran Lal Shah v. State of U.P. AIR 1971 SC 712 2. Satyabrata v. Mugneeram Bangur & Co AIR 1954 SC 44

UNIT-IV

a) Contract of Indemnity and Guarantee b) Bailment and Pledge c) Agency d) Government as a Contracting Party -Constitutional Provisions e) Standard Form of Contracts Judgments: 1. Maharashtra State Electricity Board v. Official Liquidator AIR 1988 SC 1497 2.Bank of Bihar V. State of Bihar AIR 1971 SC 1210

UNIT-V Sale of Goods Act, 1930 Definition Essentials of a Contract of Sale Agreement to Sell and Hire Purchase Sale and Agreement for Sell Implied conditions and Warranties Rule of Ceveat Emptor and the Exceptions Passing of Property Transfer of Title and Passing of Risk Unpaid Seller and his Rights Judgments: 1. P. S. N. S. A. C. & Co. v. Express Newspapers AIR 1968 SC 741 2. Collector of Customs v. Pednekar & Co AI R 1978 SC 1408


(PART-I)

4

Suggested Readings: Avtar Singh Law of Contract

R.K. Bangia Indian Contract Act

Desai India contract Act

Pollock & Mulla Indian Contract Act (Student Edition)

Avtar Singh Principles of the Law of Sale of Goods & Hire Purchase

Subha Rao Law of Specific Relief

Anson Law of Contract


(PART-I)

5

PAPER II: TORTS AND CONSUMER PROTECTION LAWS Time: 3 Hours Max. Marks: 100 The Syllabus consists of five units and the Paper setter is required to set the paper as under:- Section A: It will consist of 10 compulsory questions of 2 marks each. Answer to each question is to be of five lines. The paper setter is required to set two questions from each unit. 20 Marks Section B: It will consist of 15 questions of six marks each. Answer each question is to be in 2 pages. Three questions are to be set from each unit and the candidates are required to attempt eight questions in all attempting atleast one question from each unit. 48 Marks Section C: It will consist of five questions of 16 marks each. Answer to each question is to be in 5 pages. One question is to be set from each unit and the candidates are required to attempt any two questions out of five. 32 Marks Atleast two Judgments from the Syllabus should be reflected in the paper.

UNIT-I Evolution of Law of Torts Definition Nature, Scope and Objects General Defences Judgments: 1. Usha Ben v. Bhagyalaxmi Chitra Mandir AIR 1978 Guj 103 2. Ramanuja Mudali v. M. Gagan AIR 1984 Mad. 103

UNIT II Principles of Liability in Torts: Fault Wrongful Intent Statutory Liability Liability without Fault Vicarious Liability Remoteness of Damages Judgments: 1. Rylands v. Fletcher (1866) IR 3 HL 300 2. Ram Lal v. Mustfabad Oil & Ginning Factory AIR 1968 PB. 399


(PART-I)

6

UNIT III Nuisance Negligence Defamation Judgments: 1. R.K. Kranjia v. K.M.D. Thakersay AIR 1970 Bom. 424 2. Municipal Corporation of Delhi V. Subhagwanti AIR 1966 SC 1750

UNIT IV

Wrongs against Person: Assault Battery Mayhem False Imprisonment Malicious Prosecution Nervous Shock Misstatements Wrongs affecting Property: Fraud Trespass to Land Tresspass ab initio Conversion Judgments: 1. Y.S. Kumar v. Kuldip Singh AIR 1972 P & H 326 2. Balbahadur, Singh v. Badri Shah AIR 1926 PC 56

UNIT V

Consumer Protection Act, 1986 Definition and need for Consumer Protection Service Consumer Rights and their Enforcement Redressal Mechanisms Judgments: 1. New India Assurance Co. Ltd. v. D.N. Sainani AIR 1997 SC 1938 2. Spring Meadows Hospital v. Harjot Singh Ahluwalia & Anothers 1998(2) SCALE 456


(PART-I)

7

Suggested Reading:

D.D. Basu Law of Torts

Rattan Lal & Dhiraj Lal The Law of Torts

B.S. Bangia Law of Torts

G.S. Pande Law of Torts

B S. Sinha Law of Torts

Avtar Singh The Law of Consumer Protection: Principles and Protection

D.N. Saraf Law of Consumer Protection in India

P.K. Majumdar The Law of Consumer Protection in India


(PART-I)

8

PAPER III: FAMILY LAW Time: 3 Hours Max. Marks: 100 The Syllabus consists of five units and the Paper setter is required to set the paper as under:- Section A: It will consist of 10 compulsory questions of 2 marks each. Answer to each question is to be of five lines. The paper setter is required to set two questions from each unit. 20 Marks Section B: It will consist of 15 questions of six marks each. Answer each question is to be in 2 pages. Three questions are to be set from each unit and the candidates are required to attempt eight questions in all attempting atleast one question from each unit. 48 Marks Section C: It will consist of five questions of 16 marks each. Answer to each question is to be in 5 pages. One question is to be set from each unit and the candidates are required to attempt any two questions out of five. 32 Marks Atleast two Judgments from the Syllabus should be reflected in the paper.

UNIT I

The Institution of Marriage under: a) Hindu Marriage Act, 1955 b) Special Marriage Act and c) Muslim Law Solemnization Requirements of a Valid Marriage Nullity of Marriage Judgments: 1. Bhaurao v. State of Maharashtra AIR 1965 SC 1564 2. Mehendra v. Sushila AIR 1965 SC 364

UNIT-II

Matrimonial Causes under: a) The Hindu marriage Act, 1955 b) The Special marriage Act c) Muslim Law Restitution of Conjugal Rights, Judicial Separation, Divorce, Alimony and Maintenance Judgments: 1. Sureshta Devi v. Om Parkash AIR 1992 SC 1904 2. Kailashwati v. Ayodhia Parkash 1977 PLR 216


(PART-I)

9

UNIT-III Hindu Law of Adoption (The Hindu Adoption and Maintenance Act, 1956) Acknowledgement and Legitimacy under Muslim Law Maintenance under Hindu law, Muslim Law and Sec. 125 Cr.P.C Judgments: 1. Kulbhushan v. Raj Kumari, AIR 1971 SC 234 2. Habibur Rehman Chaudhry v. Altaf Ali (1921) 48 IA 114

UNIT-IV Hindu Joint Family and Coparcenary Classification of Property Coparcenary Property and its Incidents Partition and Reunion Institution of Karta, Powers and Position of Karta Alienation of Coparcenary Property Judgments: 1.Raghvamma v. Chanchamma AIR 1964 SC 136 2. K.V. Narayanan v. K.V. Ranganathan AIR 1976 SC 1715

UNIT V The Family Court Act, 1984: Constitution Powers Functions The Hindu Succession Act, 1956: Judgments: 1. Gurupad v. Hirabai AIR 1978 SC 1239 2. Mangal Singh v. Ratno AIR 1967 SC 1786 Suggested Readings: Paras Diwan Hindu Law Paras Diwan Indian Personal Law of Marriage & Divorce Mulla Muslim Law Fyzee Outlines of Mohammedan Law Tahir Mahmood Hindu Law Jaspal Singh Law of Marriage and Divorce in India Kumud Desai Law of marriage and Divorce in India J.D.M. Derrett Hindu Law; Past and Present N.D. Basu Law of Sucession


(PART-I)

10

PAPER IV: INDIAN CONSTITUTIONAL LAW Time: 3 Hours Max. Marks: 100 The Syllabus consists of five units and the Paper setter is required to set the paper as under:- Section A: It will consist of 10 compulsory questions of 2 marks each. Answer to each question is to be of five lines. The paper setter is required to set two questions from each unit. 20 Marks Section B: It will consist of 15 questions of six marks each. Answer each question is to be in 2 pages. Three questions are to be set from each unit and the candidates are required to attempt eight questions in all attempting atleast one question from each unit. 48 Marks Section C: It will consist of five questions of 16 marks each. Answer to each question is to be in 5 pages. One question is to be set from each unit and the candidates are required to attempt any two questions out of five. 32 Marks Atleast two Judgments from the Syllabus should be reflected in the paper.

UNIT I Preamble Citizenship Union and State Executive Parliamentary Privileges Practice of Law Making Qualifications of Legislators Judgments: U.N. Rao v. Indira Gandhi, AIR 1971 SC 1002 Kehar Singh v. Union of India AIR 1989 SC 653

UNIT II

Legislative Relations between Centre and State Constitutional Amendments Trade, Commerce and Intercourse Emergency Provisions Special Status of J & K Judgments: Indira Nehru Gandhi v.Raj Narain AIR 1975 SC 2299 Indian Cement v. State of AP AIR 1988 SC 567


(PART-I)

11

UNIT III Fundamental Rights (Articles 12-18 and 23-28) Secularism Equality and Social Justice Judgments: 1. Air India v. Nargesh Meerza, AIR 1981 SC 1829 2. India Sawhney v. Union of India AIR 1993 SC 477

UNIT IV

Fundamental Rights (Articles 19-22, 29 & 30) Directive Principles of State Policy Relationship between Fundamental Rights and Directive Principles Fundamental Duties Judgments: 1. Mrs. Menaka Gandhi v. Union of India AIR 1978 SC 597 2. Minerva Mills Ltd. v. Union of India AIR 1980 SC 1789

UNIT V Judicial Process under the Constitution Writs Civil Services under the Constitution Judgments: In re Presidential Reference AIR 1999 SC 1 Supreme Court Advocates on Record Association v. Union of India AIR 1984 SC 268 Suggested Readings: M P. Singh (ed.) Shukla’s Constitution of India D.D. Basu Shorter Constitution of India (1994) M.P. Jain Indian Constitutional Law H.M. Seervai Constitution of India


(PART-I)

12

PAPER V: PUBLIC INTERNATIONAL LAW AND HUMAN RIGHTS Time: 3 Hours Max. Marks: 100 The Syllabus consists of five units and the Paper setter is required to set the paper as under:- Section A: It will consist of 10 compulsory questions of 2 marks each. Answer to each question is to be of five lines. The paper setter is required to set two questions from each unit. 20 Marks Section B: It will consist of 15 questions of six marks each. Answer each question is to be in 2 pages. Three questions are to be set from each unit and the candidates are required to attempt eight questions in all attempting atleast one question from each unit. 48 Marks Section C: It will consist of five questions of 16 marks each. Answer to each question is to be in 5 pages. One question is to be set from each unit and the candidates are required to attempt any two questions out of five. 32 Marks

UNIT I

Definition Nature and Basis Sources Subjects Relation between Public International Law & Municipal Law Recognition

UNIT II

Nationality Statelessness Intervention Extradition Asylum State Territory Territorial Waters Contiguous Zone Continental Shelf Exclusive Economic Zone Air Space Acquisition and Loss of State Territory Diplomatic Envoys


(PART-I)

13

UNIT III Treaties Formation Application and Termination Settlement of Disputes War and its effects Nuremberg and Tokyo Trials Belligerent Occupation Neutrality Contraband Blockade

UNIT IV

United Nations Historical Background Purposes and Principles Membership Suspension and Expulsion Composition Functions and Powers of General Assembly Security Council Secretary General. International Court of Justice Composition Role Jurisdiction Organisation and Functioning of International Labour Organisation International Monetary Fund Bank for Reconstruction and Development (World Bank)

UNIT V HUMAN RIGHTS UN and Human Rights Universal Declaration of Human Rights Covenant on Political and Civil Rights Covenant on Economic, Social and Cultural Rights International Human Right Commission International Commission of Human Rights


(PART-I)

14

Enforcement of Human Rights in India National Human Rights Commission Role of Courts: The Supreme Court, High Courts and other Courts Human Rights norms reflected in Fundamental Rights in the Constitution Suggested Readings: J.G. Strake Public International Law Oppenhiem International Law S.K. Kapoor Public International Law R.C. Hngorani Modern International Law S.K. Verma Public International law Paras Diwan Human Rights and the Law


(PART-I)

15

PAPER VI: JURISPRUDENCE Time: 3 Hours Max. Marks: 100 The Syllabus consists of five units and the Paper setter is required to set the paper as under :- Section A: It will consist of 10 compulsory questions of 2 marks each. Answer to each question is to be of five lines. The paper setter is required to set two questions from each unit. 20 Marks Section B: It will consist of 15 questions of six marks each. Answer each question is to be in 2 pages. Three questions are to be set from each unit and the candidates are required to attempt eight questions in all attempting atleast one question from each unit. 48 Marks Section C: It will consist of five questions of 16 marks each. Answer to each question is to be in 5 pages. One question is to be set from each unit and the candidates are required to attempt any two questions out of five. 32 Marks

UNIT I

Definition Meaning and Scope School of Jurisprudence alongwith Indian Concept and Perception Analytical School Natural Law School Kelson's Pure Theory of Law

UNIT II Schools of Jurisprudence alongwith Indian Concept and Perception Historical School Sociological School Realist School Comparative Law Feminist Jurisprudence

UNIT III Sources of Law Custom Legislation Precedent: Concept of Stare Decisis Juristic Writings Interpretation


(PART-I)

16

UNIT IV State Sovereignty Liability Administration of Justice (Civil and Criminal)

UNIT V

Personality Possession and Ownership Rights and Duties Property Suggested Readings: Salmond: Jurisprudence Dias: Jurisprudence Jain: Comparative Law Gutteridge: Comparative Law W. Friedman: Legal Theory S.N. Dhyani: Fundamentals of Jurisprudence B.N.M. Tripathi: An Introduction to Jurisprudence V.D. Mahajan: Jurisprudence and Legal Theory G.W. Paton: Jurisprudence


(PART-I)

17

PAPER VII: INTERPRETATION OF STATUTES Time: 3 Hours Max. Marks: 100 The Syllabus consists of five units and the Paper setter is required to set the paper as under:- Section A: It will consist of 10 compulsory questions of 2 marks each. Answer to each question is to be of five lines. The paper setter is required to set two questions from each unit. 20 Marks Section B: It will consist of 15 questions of six marks each. Answer each question is to be in 2 pages. Three questions are to be set from each unit and the candidates are required to attempt eight questions in all attempting atleast one question from each unit. 48 Marks Section C: It will consist of five questions of 16 marks each. Answer to each question is to be in 5 pages. One question is to be set from each unit and the candidates are required to attempt any two questions out of five. 32 Marks

UNIT I Statute-Meaning and Classification Commencement, Operation and repeal of Statutes Purpose of Interpretation of Statutes General Principles of Interpretation: Literal or Grammatical Interpretation: Primary Rules Literal Rules The Mischief Rule The Golden Rule Rule of Harmonious Construction Secondary Rules Noscitur a sociis Ejusdem generis Reddendo singular singulis Statute should be read as a whole Maxims: Utres valeat potior pereat Expressio unius exclusio alterius Delegatus non potest delegare Generalia specialibus non derogant In pari delicto potior est condition possidentis Expessum facit cessare tacticum In bonam partem


(PART-I)

18

UNIT II Internal Aids to Construction Short Title Long Title Preamble Headings Marginal Notes Definition or Interpretation clauses Provisos Illustrations Exceptions Saving Clauses Explanations Schedules Punctuation Marks Non-obstante Clause

UNIT III External Aids to Interpretation Dictionaries Translations Use of foreign decisions Text Books Debates Inquiry Commission Reports Law Commission Reports Historical Background Legislative History Administrative Conveyancing Commercial Practice

UNIT IV Construction of Taxing Statutes Remedial and Penal Statutes Liberal Construction of Remedial Statutes Welfare Legislation Strict Construction of Penal Statutes Mens Rea in statutory offences Vicarious Responsibility in Statutory Offences Mens Rea under the Indian Penal Code Interpretation of Substantive and adjunctival statutes Interpretation of Directory and Mandatory Provisions Interpretation of enabling Statutes Interpretation of Codifying and Consolidating Statutes Interpretation of Statutes conferring Rights Interpretation of Statutes conferring Powers


(PART-I)

19

UNIT V Principles of Constitutional Interpretation Harmonious Construction Doctrine of Pith and Substance Colourable Legislation Ancillary Powers Occupied Field Residuary Powers Doctrine of Repugnancy Suggested Readings: P.St.Langan (Ed.) Maxwell on the Interpretation of Statutes G.P.Singh Singh Principles of Statutory Interpretation V.P. Sarathi Interpretation of Statutes Jagdish Swarup Legislation and Interpretation N.S. Bindra Interpretation of Statutes M.P. Jain Constitution Law of India


(PART-II)

20

PAPER-I: LAW OF CRIMES

Time: 3 Hours Max. Marks: 100 Note: The Syllabus consists of five units & the Paper setter is required to set the paper as under: Section A: It will consist of 10 compulsory questions of 2 marks each. Answer to each question is to be of five lines. The paper setter is required to set two questions from each unit. 20 Marks Section B: It will consist of 15 questions of six marks each. Answer each question is to be in 2 pages. Three questions are to be set from each unit & the candidates are required to attempt eight questions in all attempting atleast one question from each unit.

48 Marks Section C: It will consist of five questions of 16 marks each. Answer to each question is to be in 5 pages. One question is to be set from each unit and the candidates are required to attempt any two questions out of five. 32 Marks Atleast two judgments from the syllabus should be reflected in the paper.

UNIT-I

The Indian Penal Code, 1860 Territorial Operation of the Code (Ss. 1-4). General explanation (Ss. 6-32) Joint liability in Crimes (Ss 34-38) General Exceptions (Ss 76-106) Judgments: 1. Rattan Lal v. State of MP AIR 1971 SC 778 2. Daya Bhai v. State of Gujrat AIR 1964 SC 1565

UNIT-II Abetment (Ss 107-114) Criminal Conspiracy (Ss 120 A & B) Offences against State (Ss 121-130) Offences Relating to Marriage (Ss 493-498, 498-A) Defamation (Ss 499-502) Attempts (S 511) Judgments: 1. State of Tamil Nadu v. Nalini (Rajiv Gandhi Assassination Case) AIR 1999 SC 2640 2. Chaman Lal v. State of Punjab AIR 1970 SC 137


(PART-II)

21

UNIT-III Contempt of Lawful Authourity of Public Servants (Ss 172-190) False Evidence and Offences against Public Justice (Ss 191-205) Offences Affecting Public Health, Safety, Convenience, Decency and Morals (Ss 268-294A) Offences relating to Religion (Ss 295- 298) Criminal Intimidation, Insult & Annoyance (Ss 503-510) Judgments: 1. Randhir Singh v. State of Haryana 2000 Cri LJ (SC) 2. Rupan Deol Bajaj v. K.P.S Gill AIR 1996 SC 309

UNIT IV Offences affecting Human Body (Ss 299-326, 339-42, 354-55,359-68 & 375-377) Judgments: 1. M. Nanavati v. State AIR 1960 SC 605 2. Tukaram v. State of Maharashtra AIR 1979 SC 185

UNIT V Offences against Property (Ss 378-379, 383-389,390-396, 403-420, 425-426, 441-462,

463-471, 489A- E) Judgments: 1.Sheo Nath v. State of UP AIR 1970 SC 30 2. State of Kerela v. Mathai Verghese (1986) 4 SCC 746 Suggested Readings: Rattan Lal & Dhiraj Lal: Indian Penal Code Jaspal Singh: Indian Penal Code S.N. Mishra: Indian Penal Code M.P Tandon: Indian Penal Code Kenny: Outlines of Criminal Law R.C.Nigam: Law of Crimes in India K.D.Gaur: Criminal Law: Cases and Materials Glanville Williams: Text Book of Criminal Law Smith and Hogan: Criminal Law


(PART-II)

22

PAPER-II: LAW OF PROPERTY & EASEMENTS

Time: 3 Hours Max. Marks: 100 Note : The Syllabus consists of five units & the Paper setter is required to set the paper as under: Section A: It will consist of 10 compulsory questions of 2 marks each. Answer to each question is to be of five lines. The paper setter is required to set two questions from each unit. 20 Marks Section B: It will consist of 15 questions of six marks each. Answer each question is to be in 2 pages. Three questions are to be set from each unit & the candidates are required to attempt eight questions in all attempting atleast one question from each unit.


UNIT-I Transfer of Property Act, 1882 Concept of Property and General Principles Relating to Transfer of Property - Concept of Property – distinction between Moveable and Immoveable Property - Definition Clause - General Rules regarding Transfer of Property - Transfer to an Unborn Person and Rule against Perpetuity - Vested and Contingent Interest - Doctrine of Election Judgments: 1. Ram Charan Das v. Girija Nandini Devi AIR 1966 SC 325 2. R. Kempraj v. Burton sons Co-private Ltd. AIR 1970 SC 1872

Unit-II General Principles Governing Transfer of Immoveable Property - Transfer by Ostensible Owner - Rule of Feeding the Grant by Estoppel - Rule of Lis pendens - Fraudulent Transfer - Rule of Part Performance


(PART-II)

23

Judgments: 1.C.Beepathuma & Ors. v. Velasai Shankaranaryana Kaelambolithaya AIR 1966 SC 241 2. Jayaram Mudiliar v. Ayyaswami Mudiliar AIR 1973 SC 569

Unit-III Specific Transfers - Sale and Exchange - Lease and License - Gifts Judgments: 1.Commissioner of Income Tax v. Motor & General Stores (P) Ltd AIR 1968 SC 200 2. Ram Murthy v. Gopi Nath AIR 1968 SC 919

Unit-IV - Mortgage- Kinds, Rights & Liabilities of Mortgagee & Mortgager - Charge Judgments: 1. Kedar Lal v. Hari Lal Seal AIR 1952 SC 47 2. Braham Parkash v. Manbir Singh AIR 1963 SC 1607

Unit-V The Indian Easement Act, 1882 Judgments: 1. M. Chalamyya v. M. Venkataratram AIR 1972 SC 1121 2. Mahi,Singh v. Chunko AIR 1970 Delhi 114 Suggested Readings: S.M. Shah Lectures on Transfer of Property G.M. Sen The Law of Property D.F. Mulla Transfer of Property Act S.N. Shukla Transfer of Property Venkatasubba Rao Commentaries on the Transfer of Property Act G.C. Mathur& Sastry's Law of Easements H.N. Tiwari Transfer of Property Act J.D. Jain Indian Easement Act Vepa P. Sarthi Law of Transfer of Property The Indian Easement Act, 1882 (Bare Act) Transfer of Property Act, 1882


(PART-II)

24

PAPER-III: LAW OF COMPANIES AND PARTNERSHIP ACT



UNIT-I

Formation, Registration and Incorporation of Company - Nature and kinds of Companies - Mode and consequences of incorporation - Uses and Abuses of the Corporate Firm, Lifting of Corporate Veil - Memorandum of Association, Alteration and the Doctrine of Ultra vires - Articles of Association, Binding Nature, Alteration, Relation with Memorandum of

Association, Doctrine of Constructive Notice and Indoor Management- Exceptions Judgments: 1. L.I.C. of India V. Union of India (1986) 59 Company Cases 548 2. In the matter of Standard General Assurance Co. Ltd. AIR 1965 Cal. 16

UNIT-II Capital Formation of Regulation - Prospectus: Issues, Contents, Kinds, Liability for Misstatements, Statement in lieu of Prospectus - The Nature and Classification of Company Securities - Shares and General Principles of Allotment - Statutory Share Certificate, its Objects and Effects - Transfer of Shares, Restriction of Transfer, Relationship between Transferor and

Transferee, Issue of Share at Premium, Role of Public Finance Institutions


(PART-II)

25

- Share Capital, Reduction of Share Capital - Conversion of Loans Debentures into Capital - Duties of Court to Protect Interests of Creditors and Shareholders - Debentures, Kinds, Shareholders and Debenture Holders, Remedies of Debenture

Holders Judgments: 1. Bajaj Auto Ltd. v.N.K. Firodia & Ors, AIR 1971 SG 321 2. Shanti Parsad Jain v. Kalinga Tubes Ltd., AIR 1965 SC 1535

UNIT-III

Corporate Administrative - Promoters- Position, Duties & Liabilities - Directors – Kinds, Powers and Duties - Insider Trading - Meetings Kinds and Procedure - The Balance of Powers within Companies - Majority Control and Minority Protection,

Prevention of Oppression, and Powers of Court and Central Government - Emerging trends in Corporate Social Responsibility, Legal Liability of Company -Civil,

Criminal, Tortuous and Environmental Judgments: 1. Rangachari R v. V. Suppial AIR 1976 SC 73 2. Laxman Swami Mudaliar v. L.I.C. of India SC 1185

UNIT-IV

Winding up of Companies - Kinds, Consequences and Reasons of Winding Up - Role of the Court - Voluntary Winding Up by Members and Creditors - Liability of Past Members - Payment of Liabilities - Reconstruction and Amalgamation. Judgments: 1. M/s Madusudan Goverdhan Dass & Co. v. Madhav Woolen Industries Pvt. Ltd., AIR 1871 SC 2600 2. Barium Chemicals v. Company Law Board, AIR 1967 SC 295


(PART-II)

26

UNIT-V Indian Partnership Act, 1932 - Definition and Nature of Partnership - Rights and Liabilities of Partners - Relations of Partners to the Third Parties - Dissolution of Firms - Registration of Firms Judgments: 1. ShivagoudaRav Ji Patil v. Chandrakant Neelkanth Sadalge AIR 1965 SC 212 2. Addanki. Narayanappa v. Bhaskara Krishnappa AIR 1966 SC 1309 Suggested Readings: S.M. Shah: Lectures on Company Law Topham: Company Law Avtar Singh: Company Law L.C.B Gower: Principles of Modern Company Law Robert. R. Penniengton: Company Law Palmer: Company Law Avtar Singh Partnership Act Gower: Principles of Modern Company Law


(PART-II)

27

PAPER-IV: ADMINISTRATIVE LAW Time: 3 Hours Max. Marks: 100 Note : The Syllabus consists of five units & the Paper setter is required to set the paper as under: Section A: It will consist of 10 compulsory questions of 2 marks each. Answer to each question is to be of five lines. The paper setter is required to set two questions from each unit. 20 Marks Section B: It will consist of 15 questions of six marks each. Answer each question is to be in 2 pages. Three questions are to be set from each unit & the candidates are required to attempt eight questions in all attempting atleast one question from each unit.


UNIT-I

Evolution and Scope of Administrative Law - Nature, Scope and Development of Administrative Law - Rule of law - Separation of Powers with special reference to Constitution of India - Relationship between Constitutional law and Administrative Law - Conseil d' Etat of France - Administrative Law vis-à-vis Privatisation - Classification of Administration Functions, Difference between Quasi-Judicial &

Administrative Functions Judgments: 1. Indira Gandhi v.Raj Narayan, AIR 1975 SC 2299 2. Ram Jawaya Kapoor v. State of Punjab AIR 1955 SC 549


(PART-II)

28

Unit-II

Legislative Functions of Administration - Delegated Legislation: - Its Nature & Scope - Necessity and Constitutionality - Forms and requirements - Control Mechanism

Legislative Judicial Procedural

- Sub-delegation Classification of Administrative Action Judgments: 1. Hari Shanker Bagla v. State of MP, AIR 1954 SC 465 2. Kiran Gupta v. State of U.P.AIR 2000 SC 3299

UNIT-III

Judicial Functions of Administration - Need for devolution of adjudicatory authority on administration - Tribunals- Nature of Tribunals, Composition, Powers, Procedures, Rules of Evidence -Administrative Tribunals - Principles of Natural Justice

- Rule against bias - Audi Alteram Partem

a) Essentials of hearing process b) Cross examination c) Legal representation d) Pre and post - decisional hearing

Reasoned decisions Exceptions

- Rules of Evidence – no evidence, some evidence and substantial evidence - Institutional Decisions - Commission of Inquiry Judgments: 1. A.K.Kariapak v.Union of India, AIR 1970 SC 150 2. Swadeshi Cotton Mills v. Union of India AIR 1981 SC 618


(PART-II)

29

UNIT-IV Administrative Discretion and Judicial Control of Administrative Action A. Administrative Discretion - Need and its relationship with rule of law - Constitutional imperatives and exercise of discretion - Grounds of judicial review

Abuse of discretion Failure to exercise discretion

- Doctrine of legitimate expectations B. Judicial Control of Administrative Action - Introduction

Court as the final authority to determine the legality of administrative action Exhaustion of Administrative remedies Locus standi Laches Res judicata

- Judicial review and its extent - Methods of judicial review

Statutory appeals Writs Declaratory judgments and injunctions Civil Suits for Compensation

- Concept and Scope of Public Interest Litigation - Administrative Finality Judgments: 1. Som Parkash Rekhi v.Union of India AIR 1981 SC 212 2) State of U.P. v. Johrimal AIR 2004 SC 3800 UNIT-V - Proceedings involving the State - Government Liability in Torts and Contracts - Estoppel - Withholding of Documents for Evidence - Public Corporations - Institutional of Ombudsman-Lokpal and Lokayukta with special reference to Punjab- Lokpal Judgments: 1. M.T. Sugar Mills v. State of U.P. AIR 1979 SC 621 2. S.P. Gupta v. Union of India AIR 1982 SC 149


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Suggested Readings: D.D. Basu Administrative Law I.P. Massey Administrative Law Justice Thakur Administrative law in India S.P. Sathe Administrative Law Jain & Jain Principles of Administration Law H.W.R. Wade Administrative Law T.K. Thakwani Lectures on Administrative Law Kalash Rai Administrative Law


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Paper-V: ENVIRONMENTAL LAW



UNIT-I

Introduction - Meaning and Definition of Environment - Environmental Law Meaning and Issues Constitutional Guidelines - Right to Wholesome Environment – Evolution and Application - Relevant Provisions – Art. 14, 19 (1) (g), 21, 48-A, 51-A (g) - Environment Protection through Public Interest Litigation Judgments: 1. M.C Mehta v. Union of India and Others (1992) 1 SCC 358 2. Ratlam Municipality v. Vardhichand AIR 1980 SC 1622/ 1990 Cri.LJ 1075

Unit-II

General Environmental Legislations 1. Environmental (Protection) Act, 1986 - Meaning of ‘Environment’, ‘Environment Pollutant’, ‘Environment Pollution’ - Powers and Functions of Central Govt. - Citizen Suit Provision


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32

2. Principle of ‘No fault’ and ‘Absolute Liability’ - Public Liability Insurance Act, 1991 - The National Environment Tribunal Act, 1995 3. The National Appellate Environmental Authority Act, 1997 - Constitution, powers and functions Judgments: 1. D.D. Viyas and Others v. Ghaziabad Development Authourity, Ghaziabad and Anr.

AIR 1993 All. 57 2. Rural Litigation & Entitlement Kendra, Dehradun v. State of U.P. AIR 1988 SC 2187

UNIT-III

The Water (Prevention & Control of Pollution) Act, 1974

- Water Pollution - Definition

- Central and State Pollution Control Boards – Constitution, Powers and Functions

- Water Pollution Control Areas

- Sample of Effluents – Procedure; Restraint order

- Consent Requirement – Procedure, Grant/Refusal, Withdrawal

- Citizen Suit Provision

Judgments: 1. U.P. Pollution Control Board v. Modi Distillery and Ors. AIR 1988 SC 1128 2. M.C. Mehta v. Union of India AIR 1988 SC 1037

UNIT-IV

The Air (Preservation & Control of Pollution) Act, 1981 - Air Pollution – Definition - Central and State Pollution Control Boards – Constitution, Powers and functions - Air Pollution Control Areas - Consent Requirement – Procedure, Grant/Refusal, Withdrawal - Sample of Effluents – Procedure; Restraint order - Citizen Suit Provision Noise Pollution (Regulation & Control) Rules 2000 Judgments: 1. M.C. Mehta and Ors. v. Sriram Food and Fertilizer Industries and Union of India AIR

1987 SC 965 2. Church of God (Full Gospel) in India v. K.K.R. Majestic Colony Welfare Association

AIR 2000 SC 2773


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UNIT-V Protection of Forests and Wild Life Indian Forest Act, 1927 - Kinds of Forests – Private, Reserved, Protected and Village Forests - The Forest (Conservation) Act, 1980 The Wild Life (Protection) Act, 1972 - Authorities to be appointed and constituted under the Act - Hunting of Wild Animals - Protection of Specified Plants - Sanctuaries, National Parks, Conservation Reserve and Community Reserve. - Trade or Commerce in wild animals, animal articles and trophies; Its prohibition Judgements : 1 Ram Rattan V Munna Lal AIR, 1959 Punjab 217 2 Dutta Mal Chiranji Lal V ladli Prasad AIR, 1960 All. 632 Suggested Readings: Statutes 1. The Water (Prevention and Control of Pollution) Act, 1974 2. The Air (Prevention and Control of Pollution) Act, 1981 3. The Indian Forest Act, 1927 4. The Forest (Conservation) Act, 1980 5. The Wild Life Protection Act, 1972 6. The Environment (Protection) Act, 1986 7. The Public Liability Insurance Act, 1991 8. The National Environment Tribunal Act, 1995 9. The National Environment Appellate Authority Act, 1997 Paras Diwan & Peeyushi Diwan: Environmental Administration Law and Judicial

Attitude Chetao Singh Mehta: Environment Protection and the Law Timmy Katyal & Environment Pollution C.M.Satake: Satish Shastri: Pollution and the Environmental Law V.R. Krishna Iyer Environmental Pollution and Law Shaw: Environmental Law Rodgers: Environmental Law P. Leelakrishnan, et.al. (Eds.): Law and Environment P. Leelakrishnan: Environmental Law in India Armin Rosencranz, et.al. Environmental Law and Policy in India David Hughes: Environmental Law Paras Diwan: Environmental Law, Policy Administration Ashok A. Desai: Environmental Jurisprudence Darryl D'Monte: Temples or Tombs? Industry versus Environment .


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PAPER VI: LAND LAWS INCLUDING CEILING AND OTHER LOCAL LAWS Time: 3 Hours Max. Marks: 100 Note: The Syllabus consists of five units & the Paper setter is required to set the paper as under: Section A: It will consist of 10 compulsory questions of 2 marks each. Answer to each question is to be of five lines. The paper setter is required to set two questions from each unit. 20 Marks Section B: It will consist of 15 questions of six marks each. Answer each question is to be in 2 pages. Three questions are to be set from each unit & the candidates are required to attempt eight questions in all attempting atleast one question from each unit.


UNIT-I

Land Reforms The Punjab Lands Reforms Act, 1972 - Constitutional Provisions on Agrarian Reform Legislation - Abolition of Private Landlordism - Land Ceiling Legislation - Consolidation of holdings Judgments: 1. Surjit Singh v. State 1986 PLJ 636 2.Makhan Singh v. State of Punjab, 1986 PLJ 536.

UNIT-II The Punjab Land Revenue Act, 1887 Chapters I to IX Judgments: 1. Bachan Kaur v. Balwant Singh AIR 1987 PLJ 579 2. Pawan Kumar & Other v. Manjit Singh& Others AIR 1990 PLJ 177


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35

UNIT-III

The Punjab Tenancy Act, 1887 Chapters I to V Judgments: 1. Jasmer Singh Bhatti v. state of Punjab AIR 1989 PLJ 288 2. Illias v.Bashir Ahmed 1989 PLJ 278

UNIT-IV Punjab Land Reforms Act, 1972 Judgments: 1. Surjit Singh V. State 1986 PLJ 536 2. Makhan Singh State of Punjab

UNIT V

Land Acquisition Act, 1894 Sections 1-37, 40-44B Judgments: 1. Dara Palvi v. State of Punjab AIR 1972 SC1954 2. Nursing Dass v. Secretary Of State PLR 1928 Lahore 263 Suggested Readings: D.P. Narula: Punjab & Haryana Land Laws A.W.B. Simpson: An Introduction to the History of Land Laws


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36

PAPER VII OPT (I): LAW OF INTELLECTUAL PROPERTY Time: 3 Hours Max. Marks: 100 Note: The Syllabus consists of five units & the Paper setter is required to set the paper as under: Section A: It will consist of 10 compulsory questions of 2 marks each. Answer to each question is to be of five lines. The paper setter is required to set two questions from each unit. 20 Marks Section B: It will consist of 15 questions of six marks each. Answer each question is to be in 2 pages. Three questions are to be set from each unit & the candidates are required to attempt eight questions in all attempting atleast one question from each unit.


UNIT-I

- Origin and Development of Intellectual Property - Concept - The meaning and Scope of Intellectual Property - The main forms of Intellectual Property: Copyright Trademarks, Patents, Designs - The competing rationales for protection of rights in:

Copyright Trade marks Patents Designs

Select Aspects of the Law of Copyright in India - Historical evolution of the law - Meaning of copyright - Copyright in literary, dramatic and musical works - Copyright in sound records and cinematograph films - Copyright in computer programme - Ownership of copyright - Assignment of copyright - Author's special rights - Notion of infringement


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- Criteria of infringement - Infringement of copyright by films of literary and dramatic works. - Importation and infringement - Fair use provisions - Piracy in internet - Aspects of copyright justice - Remedies, especially, the possibility of Anton pillar injunctive relief in India.

Judgments: R.G. Anand v. MIS. Deluxe Films AIR 1978 SC 1613 Lallubhai Jariwala v. Chiman Lal Chunni Lal & Co., AIR 1986

UNIT-II

Intellectual Property in Trademarks

- The rationale of protection of trademarks as: (a) an aspect of commercial and (b) of consumer rights. - Definition and concept of trademarks - Registration - Distinction between trademark and property mark - The doctrine of honest Current User - The doctrine of deceptive similarity - Protection of well-known marks - Passing off and infringement - Criteria of infringement - Standards of proof in passing off action - Remedies

Judgments: 1. Indian Performing Right Society Ltd. v. Eastern Indian Picture Association and others AIR 1977 SC 1443 2. Bishwant Prasad Radhey Shyam v. MIS Hindustan Metal Industries AIR 1982 SC 1444

UNIT-III

The Law of Intellectual Property: Patents - Concept of Patent - Competing rationales of the legal regimes for the protection of Intellectual Property - The main forms of Intellectual Property: Copyright Trademarks, Patents, Designs - Patentable inventions with special reference to biotechnology products entailing creation of new forms of life. - Patent protection for computer programme


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- Process of obtaining a patent: application, examination, opposition and sealing of patents: general introduction - Procedure for filing patents. Patent co-operation treaty - Some grounds for opposition - Wrongfully obtaining the invention - Prior publication or anticipation - Rights and obligations of a patentee - Duration of patents: law and policy considerations - The notion of "abuse" of patent rights - International Patents, Transfer of Technology, Know-How and problems of self-reliant development - Infringement - Criteria of infringement - Onus of Proof - Modes of Infringement: the Doctrine of Colourable Variation - Defences in suits of infringement - Injunctions and related remedies.

Judgments: 1. Ajay Industrial Corp. v. Shira Kanao of Iboraki City AIR 1986 Delhi 496 2. Manu Bhandari v. Kalavikas pictures AIR 1987 Delhi 13

UNIT-IV Indian Design Act, 2000 - Nature and Meaning - Scope of protection - Procedure for protection - Enforcement and Remedies Judgment: 1. Metco Polymers Pvt. Ltd. v. Madhu Inflatables Pvt. Ltd. Mad HC 2. Exphar SA and Anr. vs. Eupharma Laboratories Ltd. and Anr

UNIT-V

- Introduction to the leading international instruments concerning intellectual property rights: the Berne Convention, Universal Copyright Convention, the Paris Union TRIPS the World Intellectual Property Rights Organisation (WI PO) and the UNESCO. - Brussels- Burma Conventions- UPO - Protocol 1991, Paris-Convention - GATT Negotiations with special reference to (WTO), Trade Related Intellectual Property - Madrid Agreement on Trade Marks - 1989 Protocol - Hague Agreement on Design - India's position vis-à-vis international Conventions and Agreements.


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39

Suggested Readings: N.S. Gopalkrishan: Cases & Materials on Intellectual Property Law, National Law School, Bangalore, 1992 T.R. Srinivasa The Copy Right Act, 1957 Ayengar Journal of Indian Law Institute: A Special (Number) issue

on Intellectual Property P.Navoyenas Intellectual Property Law, Eastern Law House, Calcutta Narayanan, P Patent Law (Kolkata: Eastern Law House, 1998) Cormish W.R. Intellectual Property, Patents, Trade Marks, Copy Rights and Allied Rights (1999), Asia Law House, Hyderabad. Bibeck Debroy (ed.) Intellectual Property Rights (1998) Rajiv Gandhi Foundation, Delhi W.R. Cornish Intellectual Property (3rd ed.) (1996) Sweet and Maxwell Mata Din Law of Passing off and Infringement Action of Trade Marks (1986) K. Thairani Copyright .' The Indian Experience (1987)


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40

Paper VII Opt (ii): Information Technology and the Law Time: 3 Hours Max. Marks: 100 Note : The Syllabus consists of five units & the Paper setter is required to set the paper as under: Section A: It will consist of 10 compulsory questions of 2 marks each. Answer to each question is to be of five lines. The paper setter is required to set two questions from each unit. 20 Marks Section B: It will consist of 15 questions of six marks each. Answer each question is to be in 2 pages. Three questions are to be set from each unit & the candidates are required to attempt eight questions in all attempting atleast one question from each unit.

48 Marks Section C: It will consist of five questions of 16 marks each. Answer to each question is to be in 5 pages. One question is to be set from each unit and the candidates are required to attempt any two questions out of five. 32 Marks

UNIT-I

- Understanding Cyber Crimes - Defining Crime - Crime in the Context of Internet - Actus Res / Mens Rea - Types of Cyber Crimes - Computing Damage in Internet Crime

UNIT-II - Problem of Jurisdiction in Cyber space and Legal Response - Relevancy and Admissibility of Computer Evidence - Existing Legal Regime to facilitate Electronic Commerce and its Efficacy - Legal issues relating to Internet contract - Liability of Internet Service Provider - Spread of Obscene Material in Internet; Legal Response


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UNIT-III - Requirement of Law on Data Protection in the Digital Age - Encryption and Right to Privacy - Legal Response for Internet Crime - Sale through Internet and Consumer Protection - Information Technology Act - Legal Response to Electronic Governance - Taxation in Internet; Legal Response

UNIT-IV - Domain Name Dispute-legal response - Copyright Infringement in Internet - Response of Investment Law in Internet Age - UNICITRAL Law of Electronic Commerce 1986 and Information Technology Act

2000 - Fraud in Internet; Legal Response - Defamation in Internet; Legal Response - Cyber Forensic

UNIT-V Penal Law and Cyber Crimes - Fraud - Hacking - Mischief - Trespass - Defamation - Stalking - Spam Suggested Readings: D.P. Mittal: Law of Information Technology UNESCO: The International Dimensions of Cyber Space Law Suresh T. Viswanathan: The Indian Cyber Law, Bharat Law House, New

Delhi Paras Diwan (Ed.): Cyber and E-Commerce Laws Chris Reed: Computer Law, Butterworths Sakil Ahmed Sayed & Rajiv Rheja: A Guide to Information Technology, Capital Law

House, New Delhi


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PAPER VII OPT (iii) : INSURANCE LAW


48 Marks Section C: It will consist of five questions of 16 marks each. Answer to each question is to be in 5 pages. One question is to be set from each unit and the candidates are required to attempt any two questions out of five. 32 Marks

UNIT-I

Introduction - Definition, Nature and History of Insurance - Concept of Insurance and Law of Contract and Law of Torts - Future of Insurance in Globalized Economy - History and Development of Insurance in India - Insurance Regulatory Authority - Role and Functions

General Principles of Law of Insurance - Contract of Insurance - Classification of Contract of Insurance - Nature of various Insurance Contracts - Parties thereto - Principle of Good Faith-Non-disclosure-Misrepresentation in Insurance Contract - Insurable interest - The risk - The Policy, Classification of Policies-its Form and Contents, its Commencement, Duration, Cancellation, Alteration, Rectification, Renewal, Assignment, Construction - Conditions of the Policy - Alteration of the risk - Assignment of the Subject Matter


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43

UNIT-II Life Insurance - Nature and Scope of Life Insurance - Definition - Kinds of Life Insurance, - The Policy and Formation of a Life Insurance Contract - Event Insured against Life Insurance Contract - Circumstances affecting the risk - Amounts recoverable under life policy - Persons entitled to payment - Settlement of claim and payment of money

UNIT-III

Marine Insurance - Nature and scope - Classification of marine policies - The Marine Insurance Act, 1963 - Insurable Interest - Insurable Value - Marine Insurance Policy – Conditions, Express Warranties, Construction of terms of Policy - Voyage - deviation - Perils of the sea - Partial Loss of Ship and of Freight, Salvage, General Average, Particular Charges - Measure of Indemnity, Total Valuation, Liability to Third Parties

UNIT IV

Insurance against Third Party Risks - The Motor Vehicles Act, 1988 (Chapter VIII) - Nature and Scope - Persons Governed, - Definitions of 'Use', 'Drives', 'Motor Vehicle' - Requirements of Policy - Statutory Contract between Insurer and Drive Rights of Third Parties - Limitations on Third Party's Rights - Duty to Inform Third Party - Effect of insolvency or death on claims, insolvency and death of parties, certificate of insurance - Conditions to be satisfied - Claims tribunal, constitution, functions, application for compensation - Who can apply? - Procedure and Powers of Claims Tribunal-its Award - Co-operative insurance (Motor Vehicles Rules)


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44

UNIT V

Social Insurance in India

- Important Elements in Social Insurance - Its need - Commercial Insurance and Social Insurance - Workmen's Compensation - Scope, Risks Covered, Industrial Accidents, Occupational - Diseases, Cash Benefits, Incapacity, Amount of Compensation, Nature of Injuries, Dependents - Sickness insurance - Adarkar Scheme, Stack and Rao Scheme for Wage Earners and Others, Risks Covered, Maturity and Other Benefits - Old age, Premature Death and Invalidity Insurance or Pension Insurance, Public Provident Fund, Jeevandhara Policy - ULIP - Unemployment Insurance - Social Insurance for People like Seamen, Circus Workers and Agricultural Workers

Suggested Readings: Singh, Bridge Anand: New Insurance Law (2000) Union Book Publishers, Allahabad Ivamy: Case Book on Insurance Law (1984), Butterworths Ivamy: General Principles of Insurance Laws (1993), Butterworths John Birds: Modern Insurance Law (1988), Sweet and Maxwell M.N M.N Sreenivasan: Principles of Insurance Law (1997), Ramaniya Publishers, Bangalore Brij Nandan Singh: Insurance Law

K.S.N Murthy: Modern Law of Insurance


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45

PAPER VII OPT (IV): LABOUR LAW Time: 3 Hours Max. Marks: 100 Note: The Syllabus consists of five units & the Paper setter is required to set the paper as under: Section A: It will consist of 10 compulsory questions of 2 marks each. Answer to each question is to be of five lines. The paper setter is required to set two questions from each unit. 20 Marks Section B: It will consist of 15 questions of six marks each. Answer each question is to be in 2 pages. Three questions are to be set from each unit & the candidates are required to attempt eight questions in all attempting atleast one question from each unit.


UNIT-I (I) Industrial Disputes Act, 1947 - History of Industrial Dispute Legislation

- Definition - Authorities under the Act, their Powers and Duties - Reference of Disputes to Board, Court of Tribunals - Reference of Disputes Machinery

Judgments: 1. Bangalore Water Supply and Sewerage Board v. Rajappa and others 1978 ILC 476 2. Town & Municipal Council v. Athanjan Labour Court, HugaIi and others 1969 II LIJ

615 (SD)

UNIT-II (I) Industrial Disputes Act, 1947 - Strikes

- Lockouts - Layoff - Retrenchments - Miscellaneous offences and procedure


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46

Judgments: 1. Tata Nager Foundary Co. and others v. Workmen 1970 ILJ 348 2. Ranga Swami and others v. Registrar of Trade Union 1961 ILJ 559 (II) Trade Unions and Collective Bargaining - Trade Unionism in India - Definition of Trade Union and Ttrade Dispute - Registration of Trade Unions

Legal Status of Registered Trade Union Mode of Registration Powers and Duties of Registrar Cancellation and Dissolution of Trade Union Procedure for Change of Name Amalgamation and Dissolution of Trade Union

- Disqualifications of Office Bearers, Right and Duties of Office Bearers and Members - General and Political Funds of Trade Union - Civil and Criminal Immunities of Registered Trade Unions - Recognition of Trade Union - Collective Bargaining

UNIT-III

(I) Maternity Benefit Act, 1961 (II) Factories Act, 1948

- Introduction - Definitions - Concept of “Factory”, “Manufacturing Process” “Worker” and “Occupier” - Measures to be taken in Factories for Health, Safety and Welfare of Workers - Working Hours for Adults - Employment of Young Persons - Annual Leave and Wages - Additional Provisions regulating Employment of Women in Factory

Judgements: 1. Bhikusha Yamas Kashatriy Pvt. Ltd. v. Union of India AIR 1963 SC 1591 2. Jhunjunwala v. B.K. Patnaik, Deputy Inspector of Factories, Orissa AIR 1964

UNIT-IV

(I) Minimum Wages Act, 1958 - Concept of Minimum Wage, Fair Wage, Living Wage and Need Based Minimum Wage - Constitutional validity of the Minimum Wages Act, 1948


(PART-II)

47

- Procedure for Fixation and Revision of Minimum Wages - Fixation of Minimum Rates of Wage by Time Rate or by Piece Rate - Procedure for Hearing and Deciding Claims (II) Essential Services Maintenance Act, 1981

- Introduction - Definition - Payment of Wages, Deduction of Wages - Authorities under the Act - Miscellaneous Provisions

(III) Payment of Wages Act, 1936 - Object, Scope and Application of the Act - Definition of Wage - Responsibility for Payment of Wages - Fixation of Wage Period - Time of Payment of Wage - Deductions which may be made from Wages - Maximum Amount of Deduction Judgments:

1. Payment of Wages Inspector, Ujjain v. Surajmal Mehta and Others 1979 FJR 35 2. Jaswant Rai Beri v. State of Punjab AIR 1958 Punj. 425

UNIT-V (I)Workmen's Compensation Act, 1923 - Definition of Dependant, Workman, Partial Disablement and Total Disablement - Employer’s Liability for Compensation

Scope of arising out of and in the course of Employment Doctrine of Notional Extension When Employer is not Liable

- Employer’s Liability when Contractor is engaged - Amount of Compensation - Distribution of Compensation - Procedure in Proceedings before Commissioner - Appeals (II) Employees Provident Fund Act, 1952 (III) Employees State Insurance Act, 1948


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48

Judgments:

1. Ram Sarup and Others v. Gurdev Singh and Others 1968 LIJ 90 SC 2. Provident Fund Inspector Trivandrum v.N.E.S Co-op Society 1971 FJR 40

Suggested Readings: S.C. Srivastava: Commentaries on factories Act, 1948, Universal Law Publishing House, Delhi H.L. Kumar: Workmen’s Compensation Act, 1923 O.P. Malhotra: Industrial Disputes Act, Vol. I & II Indian Law Institute: Labour Law and Labour Relations K.D. Srivastava: Industrial Employment (Standing Orders) Act, 1946 K.D. Srivastava: Law Relating to Trade Unions and Unfair Labour Practices V.G. Goswami; Labour & Industrial Law S.M. Chaturvedi: Labour & Industrial Law S.k. Puri: Labour & Industrial Laws S.N. Mishra: Law of Industrial Labour Relations S.C. Srivastva: Industrial Relations & Labour Laws


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49

PAPER VII OPT (V): TAXATION LAW Time: 3 Hours Max. Marks: 100 Note: The Syllabus consists of five units & the Paper setter is required to set the paper as under: Section A: It will consist of 10 compulsory questions of 2 marks each. Answer to each question is to be of five lines. The paper setter is required to set two questions from each unit. 20 Marks Section B: It will consist of 15 questions of six marks each. Answer each question is to be in 2 pages. Three questions are to be set from each unit & the candidates are required to attempt eight questions in all attempting atleast one question from each unit.


UNIT-I Income Tax Act 1961 - Definitions - Basis of Income - Charge of Income Tax - Scope of Total Income - Dividend Income - Income which don’t form part of Total Income - Foreign Income and its Taxability - Residential Status of an Assessee Residential Status of an Individual

Resident and Ordinarily Resident Non-Resident Residential Status of Hindu Undivided Family -Residential Status of Firm or association of persons

- Incidence of Tax- Meaning and Scope - Income Deemed to Accrue or Arise in India


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50

Judgments: 1. Sutlang Cotton Mills vs. CIT (SC) 107 ITR 1991 2. Rupen Jut Tea Company Ltd. v. CIT 186 ITR (1990) 301

UNIT –II - Meaning, Scope of Capital Receipt - Revenue Receipt, Difference between Capital Receipt and Revenue Receipt - Various Sources of Income or Heads of Income - Income from Salaries; various Deductions, Perquisites- which are taxable or non-

taxable, Profits in lieu of Salary - Income from House Property - Profits and Gains of Business or Profession - Income from Other Sources -Income from the House, Owner of the House -Meaning of Building Property -Basis of Computing Income from a Let Out House Property -Gross Annual Value -Deductions - Special Provision in respect of newly established Industrial Undertaking in Free Trade Zones - Special Provision in respect of newly established Hundred Percent Export-oriented Undertaking - Income from Property held for Charitable or Religious Purpose - Income of Trusts or Institutions from Contributions - Conditions as to Registration of Trusts, etc. - Section 11 not to apply in certain cases - Special Provision relating to Incomes of Political Parties Judgments: 1. CIT v. Sanyasi Mahapatra, Vol. 53 Taxman Tax Reports (1990) 18 2. Travancore Tea Estates Co. Ltd. v. CIT ITR 154 (1985) 745

UNIT –III

- Capital Gains - Chargeability - Meaning of Capital Asset - Types of Capital Asset - Transfer of Capital Asset - Short Term Capital Gain - Long Term Capital Gain - Difference between Short Term Capital Gain & Long Term Capital Gain - Set Off and Carry Forward of Losses - Rebate of Income Tax


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51

Judgments: 1. Morarjee Gokuldass Spinning and Weaving Co. Ltd. vs. P.N. Beintal and others, ITR

208 (1994) 471 2. CIT V. Ramamswamy Naidu ITR 208(1994) 377

UNIT –IV - Deductions from the total income

- 80-C - 80-CCC - 80-D - 80-DD - 80-G - 80-L

- Computation of Deductions - Limit of Deductions and Conditions for such Deductions -Penalties and Offences prescribed under sections 271, 271-A, and 271-C - Filing of Returns- Who should file Return and When it can be filed - Assessment of Tax - Income Escaping Assignment - Time Limit for Completion of Assessment - Ratification of Mistakes - Appeal under Income Tax Act - Appellate Authority, Powers

Procedure for Adjudication and Settlement - Time Limit, Condonation of Delay in Filing Appeal - Manner in which Appeal can be filed Judgment: 1. Hindustan Steel Ltd. vs. State of Orissa, 25 STC 211 (SC) 2. M/S Partap Steel Rolling Mills v. State. Of Punjab STI 1999

UNIT-V Sales Tax & VAT - Introduction to Central Sales Tax - Constitutional Provisions on Taxes on Sales of Goods - Charging Section - Inter-State Sale - Movement of Goods - Stock Transfer - Meaning of goods and Sales - Introduction to VAT- Principles, Procedure and Implementation


(PART-II)

52

Service Tax - Introduction and Background - Constitutional Validity - Provisions regarding: Registration

Records Self Assessment and verification Interest on Delayed Payment List Services included

Suggested Readings: Dinesh Ahuja and Ravi Gupta: Systematic approach to Income Tax, (Latest Edition) Singhania: Student Guide to Income Tax, Taxmann (Latest

Edition). N.A. Palkwllah’s: Income Tax Act (Two Volume) Iyer’s Income Tax Act Chaturvedi’s: Direct Tax Act (Three Volume) V.S. Dubey: Taxman S.S. Gupta: Service Tax: How to Meet Your Obligation Kanga and Palkiwala: The Law and Practice of Income Tax V.K. Sushakumari: Law of Income Tax.


(PART-II)

53

PAPER-VII: OPT (VI) DISABILITY LAW AND THE HUMAN RIGHTS Time: 3 Hours Max. Marks: 100 Note: The Syllabus consists of five units & the Paper setter is required to set the paper as under: Section A: It will consist of 10 compulsory questions of 2 marks each. Answer to each question is to be of five lines. The paper setter is required to set two questions from each unit. 20 Marks Section B: It will consist of 15 questions of six marks each. Answer each question is to be in 2 pages. Three questions are to be set from each unit & the candidates are required to attempt eight questions in all attempting atleast one question from each unit.

48 Marks Section C: It will consist of five questions of 16 marks each. Answer to each question is to be in 5 pages. One question is to be set from each unit and the candidates are required to attempt any two questions out of five. 32 Marks UNIT I CONCEPT PERSPECTIVE Special Laws and Policies for Persons with Disabilities Disability question in jurisprudence discourse:- The equality Justice Welfare models UNIT II HUMAN RIGHTS APPROACH TO DISABILITY Principles for the protection of persons with mental illness and improvement of mental health care. Standard Rules on Equalization of Opportunities for Persons with Disability, 1993 Mental Health Act, 1993 Draft Convention on Disability


(PART-II)

54

UNIT III Provisions in International and Regional Documents on Human Rights in relation to: Non-discrimination Life Standard of living Health Education Work and Social security International Norms for Protection of Disabled UN General Assembly Declaration on the Rights of Disabled Persons 1975 Declaration on Mentally Retarded Persons 1971 Resolutions on the Rights of the Disabled Persons Adopted by the Coordination Committee of National Institutions for promotion and Protection of Human Rights Act, 1993 UNIT IV The Convention on the Rights of Persons with Disabilities and its Optional Protocol 2006 UNICEF & Disabled Children and Youths Visibility of Disabled Women in the UN Convention High Commissioner for Human Rights - Commitments towards employment of staff with disabilities UNIT V

Disability: Marginalization Oppression and Discrimination Accessibility to built Environment and Transport Access to Education Equality of Opportunity in Employment Vulnerability to Violence Suggested Readings: Dr. G.N. Karna, United States and Rights of Disabled Persons

U.N. Declaration on the Rights of Persons with Disability

The Persons with Disability Act, 1995


(PART-III)

55

PAPER-I: LAW OF EVIDENCE Time: 3 Hours Max. Marks: 100 The Syllabus consists of five units and the Paper setter is required to set the paper as under: Section A: It will consist of 10 compulsory questions of 2 marks each. Answer to each question is to be of five lines. The paper setter is required to set two questions from each unit. 20 Marks Section B: It will consist of 15 questions of six marks each. Answer each question is to be in 2 pages. Three questions are to be set from each unit and the candidates are required to attempt eight questions in all attempting atleast one question from each unit. 48 Marks Section C: It will consist of five questions of 16 marks each. Answer to each question is to be in 5 pages. One question is to be set from each unit and the candidates are required to attempt any two questions out of five. 32 Marks Atleast two Judgments from the Syllabus should be reflected in the paper.

UNIT I Indian Evidence Act, 1872 Preliminary: Application of Indian Evidence Act Definition: Court, Fact - Fact in Issue and Relevant Fact, Evidence - meaning and its kinds, Proved, Disproved, Not Proved, May Presume, Shall Presume and Conclusive Proof, Presumptions of Fact and Law. Presumptions regarding Documents Relevancy of facts: Explaining - Res-gestae, Occasion, Cause, Effect, Motive, Intention, Preparation, Previous and Subsequent Conduct, Introductory and Explanatory Facts, Facts otherwise Relevant become Relevant Accidental an Incidental Facts. Facts which need not be proved, Improper Admission and Rejection of Facts Judgments: 1. R.M. Malkani vs. State of Maharashtra AIR 1973 SC 157 2. Budhsen vs. State of U.P.AIR 1970 SC 1321

UNIT II Admission and Confession: (a) Admission: Definition, whose Admission is relevant, Relevancy of Admission in Civil cases, Admission is not Conclusive Proof, Admission as an Estoppel


(PART-III)

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(b) Confession : Definition, its kids, confession caused by inducement, threat or promise, Confession to Police Officer, Confession in the Custody in Police, Confession to Magistrate, Confession by Co-accused. (c) Difference between Admission and Confession. Relevancy of statements: (i) Statements by Persons who cannot be called as Witness. (ii) Statement made under Special Circumstances. (iii) Relevancy of Judgment of a Court of Law (iv) Opinions of Third Person (v) Opinion of Experts (vi) Relevancy of Character Judgments: 1. Pakala Narayana Swami vs. Emperor AIR 1939 PC 47 2. Tejinder Singh vs. State of Punjab AIR 1970 Sc 1566

UNIT III Evidence: Oral evidence, documentary evidence, kinds of documentary evidence, when secondary evidence is relevant, public and private document Exclusion of oral evidence by documentary evidence, Application of this principle, its exceptions, ambiguous documents, kinds of ambiguity. Burden of Proof: Meaning, General Principles of Burden of Proof in Civil and Criminal Cases and Exceptions thereto. When Burden of Proof shifts, Proof of Legitimacy of Child, Proof in Dowry Deaths and in the matters of Rape Judgments: 1. A.C. Jose vs. Simon Pillai AIR 1984 SC 921 2. Lal Chand vs. State of Haryana AIR 1984 Sc 226

UNIT IV Estoppels: Meaning, Essentials, Nature and its kinds Witnesses: Competency of Witness, when persons can be compelled to appear as witnesses, Privileged Communications and Documents, Accomplice, Hostile Witness.


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Judgments: 1. K.A. Vish vs. State of Maharashtra AIR 1971 SC 2256 2. Varkey Joseph vs. State of Kerala AIR 1993 SC 1892

UNIT V Examination of Witnesses: Order of Examinations, Kinds of Examinations, Leading Question, Impeaching the Credit of Witness, Questions which can and which cannot be asked, Refreshing the Memory of Witness, Production of Document, Judge’s Power to put Questions and to Order Production. Effect of Improper Acceptance or Rejection of Evidence Judgments:

1. C.T Munniappan v. State of Madras AIR 1961 SC 175 2. Bhagwan Singh v. State of Punjab AIR 1952 SC 214

Suggested Readings: Ratan Lal: The Law of Evidence Batuklal: Law of Evidence Vepa P. Sarathi: Law of Evidence


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PAPER II: LAW OF CIVIL PROCEDURE CODE AND LIMITATION ACT Time: 3 Hours Max. Marks: 100 The Syllabus consists of five units and the Paper setter is required to set the paper as under:- Section A: It will consist of 10 compulsory questions of 2 marks each. Answer to each question is to be of five lines. The paper setter is required to set two questions from each unit. 20 Marks Section B: It will consist of 15 questions of six marks each. Answer each question is to be in 2 pages. Three questions are to be set from each unit and the candidates are required to attempt eight questions in all attempting atleast one question from each unit. 48 Marks Section C: It will consist of five questions of 16 marks each. Answer to each question is to be in 5 pages. One question is to be set from each unit and the candidates are required to attempt any two questions out of five. 32 Marks Atleast two Judgments from the Syllabus should be reflected in the paper.

UNIT I CODE OF CIVIL PROCEDURE, 1908: Introduction a. Definitions: Decree, Judgment, Order, Foreign Court, Foreign Judgment, Mesne

Profits, Affidavit, Suit, Plaint, Written Statement b. Important Concepts: Res Sub Judice, Resjudicata, Restitution, Caveat, Inherent Powers

of Courts Initial Steps in a Suit a. Jurisdiction and Place of Suing b. Institution of Suit c. Pleadings: Meaning, Object, General Rules, Amendment of Pleadings d. Plaint and Written Statement e. Discovery, Inspection and Production of Documents f. Appearance and Non-appearance of Parties g. First Hearing Judegements:- 1. Firm Radha Krishana v. Ludhiana Municipality, AIR 1963 SC 1547 2. Iftikhar Ahmed v. Sydham Meharban Ali, AIR 1974 SC


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UNIT II Interim Orders a. Commissions b. Arrest before Judgment c. Attachment before Judgment d. Temporary Injunctions e. Interlocutory Orders f. Receiver g. Security of Costs Suits in Particular Cases a. Suits by or against Government b. Suits by Indigent persons c. Interpleader Suit d. Summary Procedure e. Suits relating to Public Nuisance Judgments:-

1. Azeez Ahmed v. State Bank of India Vinyaambedi, AIR 1995 Madras 194 2. Vtayya Akkulamma v. Sajdda Papi Reddy, AIR 1995 A.P. 166

UNIT III Judgment and Decree a. Judgment: Definition, Essentials, Pronouncement, Contents, and Alteration b. Decree: Definition, Essentials, Types, Drawing up of a Decree, Contents, and Decree in particular cases c. Interest d. Costs Execution a. Courts by which Decree may be executed b. Payment under Decree c. Application for Execution d. Mode of Execution e. Stay of Execution f. Questions to be determined by Executing Court Judgments:-

1. Azeez Ahmed v. State Bank of India Vinyaambedi, AIR 1995 Madras 194 2.Vtayya Akkulamma v. Sajdda Papi Reddy, AIR 1995 A.P. 166


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UNIT IV Appeals a. Appeals from Original Decree b. Appeals from Appellate Decrees c. General provisions relating to Appeals d. Appeals to the Supreme Court e. Appeals by Indigent Persons Reference, Review and Revision a. Reference to High Court b. Review c. Revision Judgments:- 1. Vidya Vati v. Sri Davi Dai, AIR 1973 SC 397 2. Ram Chandra Pandurang Senar v. Murlidhar Ram Chandra Senar, AIR

1990 SC 1973 UNIT V The Limitation Act, 1963 (Omitting the Schedule) - Purpose, Policy, Nature and Scope of the Act. Definitions: Applicant, Bond, Defendant, Easement, Good faith, Plaintiff, Period of Limitation. Relationship between Limitation, Laches, Acquiescence, Estoppel and Res-judicata; Limitation of Suits, Appeals and Applications, Disability, Computation of Period of Limitation, Acknowledgement and Part Payment, Acquisition of Ownership by Prescription. Judgments: 1. Tilak Ram vs. Nathu and Others, AIR 1967 SC 935 2. Ram Lal vs. Reva Coalfields, AIR 1969 SC Suggested Readings Mulla: Civil Procedure Code Singh, S.N: Civil Procedure Code Sahai: On Civil Procedure Tandon, M.P: Civil Procedure Code Sarkar’s: Code of Civil Procedure


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PAPER III: ARBITRATION, CONCILIATION AND ALTERNATIVE DISPUTE RESOLUTION SYSTEM

The Syllabus consists of five units and the Paper setter is required to set the paper as under:- Section A: It will consist of 10 compulsory questions of 2 marks each. Answer to each question is to be of five lines. The paper setter is required to set two questions from each unit. 20 Marks Section B: It will consist of 15 questions of six marks each. Answer each question is to be in 2 pages. Three questions are to be set from each unit and the candidates are required to attempt eight questions in all attempting atleast one question from each unit. 48 Marks Section C: It will consist of five questions of 16 marks each. Answer to each question is to be in 5 pages. One question is to be set from each unit and the candidates are required to attempt any two questions out of five. 32 Marks

UNIT I Arbitration: Meaning, Scope and Types Alternative Dispute Resolution (ADR): Concept and Need Arbitration and Conciliation Arbitration and Expert Determination Extent of Judicial Intervention International Commercial Arbitration

Arbitration Agreement Essentials Kinds Who can enter into Arbitration Agreement? Validity Reference to Arbitration Interim Measures by Court

UNIT II

Arbitration Tribunal

Appointment Challenge Jurisdiction of Arbitral Tribunal Powers Grounds of Challenge Procedure Court Assistance


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Award Rules of Guidance Form and Content Correction and Interpretation Grounds of setting aside an Award Can Misconduct be a ground? Incapacity of a Party, Invalidity of Arbitration Agreement Want of Proper Notice and Hearing Beyond the Scope of Reference Contravention of Composition and Procedure Breach of Confidentiality Impartiality of the Arbitrator Bar of Limitation, res judicata Consent of Parties Enforcement

UNIT III

Appeal and Revision

Enforcement of Foreign Awards New York Convention Awards Geneva Convention Awards

UNIT IV

Conciliation Distinction between "Conciliation", "Negotiation", "Mediation", and "Arbitration" Appointment Statements to Conciliator Interaction between Conciliator and Parties Communication Duty of the Parties to Co-operate Suggestions by Parties Confidentiality Resort to Judicial Proceedings Costs

Rule Making Power High Court Central Government


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UNIT V

Legal Services Authorities Act, 1987

Suggested Readings

B.P.Saraf and M.Jhunjhunuwala: Law of Arbitration and Conciliation Gerald R.Williame: The New Arbitration and Conciliation Law of India A.K.Bansal: Law of International Commercial Arbitration P.C.Rao & William Sheffield: Alternative Disputes Resolution- What it is and . How it works? G.K.Kwatra: The Arbitration and Conciliation Law of India Basu.N.D: Law of Arbitration and Conciliation Johari: Commentary on Arbitration and Conciliation Act Markanda.P.C: Law relation to Arbitration and Conciliation


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PAPER IV: DRAFTING, PLEADINGS AND LEGAL LANGUAGE Time: 3 Hours Max. Marks: 100 The Syllabus consists of five units and the Paper setter is required to set the paper as under: Section A: It will consist of 10 compulsory questions of 2 marks each. Answer to each question is to be of five lines. The paper setter is required to set two questions from each unit. 20 Marks Section B: It will consist of 15 questions of six marks each. Answer each question is to be in 2 pages. Three questions are to be set from each unit and the candidates are required to attempt eight questions in all attempting atleast one question from each unit. 48 Marks Section C: It will consist of five questions of 16 marks each. Answer to each question is to be in 5 pages. One question is to be set from each unit and the candidates are required to attempt any two questions out of five. 32 Marks

UNIT I

Drafting: General Principles of Drafting and relevant substantive rules of pleading and their exceptions; amendment of pleadings: Alternative and Inconsistent Pleadings. Fundamental Rules of Pleadings a. Plaint Structure b. Description of Parties c. Written Statement and affidavit d. Application for setting aside ex-part decree

UNIT II Ordinary Suit for Recovery a. Suit under Order XXXVII of CPC and the difference between the two suits b. Suit for Permanent Injunction c. Application for temporary injunction Order XXXIX of CPC d. Suit for Specific Performance e. Petition for eviction under the Rent Control Act General Principles of Criminal Pleadings a. Application for bail b. Application under Section 125 Cr.P.C. c. F.I.R. – under Section 154 Cr.P.C.


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Model Draft Forms c. Notice to the tenant under Section 106 of Transfer of Property Act d. Notice under section 80 of CPC e. Reply to notice f. General Power of Attorney g. Suit for Dissolution of Partnership h. Petition for grant of probate / Letters of Administration i. Application for appointment of Receiver/Local Commissioner j. Application for Compromise of Suit k. Application for Appointment of Guardian l. Application to sue as an indigent person under Order 33 CPC UNIT III a. Appeal from original decree under Order 41 of CPC b. Appeal from orders under order 43 of CPC c. Revision Petition d. Review Petition e. Application under section 5 of Limitation Act f. Application for execution g. Application for caveat section 148A of CPC h.Writ Petition i. Application under section 482 of CPC j. Compounding of offences by way of compromise under section 320(i) Cr.P.C. k. Special Power of Attorney l. Reference to Arbitration and Deed of Arbitration m. Notice under section 434 of the Companies Act n. Notice for Specific Performance of Contract

UNIT IV LEGAL LANGUAGE Introduction to Legal Language Characteristics of Legal Language History of Legal Language Legal Language in India English as a Medium of Communication for Legal Transaction in India Legal terminology Terms used in Civil Law and Criminal Law Latin Words and Expressions - Law Register


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UNIT V Fundamental principles of Legal Writing Concision - Clarity - Cogency - Simplicity of structure Attention and Awareness of Practical Legal Import of Sentences Brief writing and Drafting of Law Reports Writing of Case Comments Essay writing on topics of Legal Interest General Juristic Writings in English

Suggested Readings (Latest editions only): Conveyancing: N.S. Bindra Conveyancing: A.N. Chaturvedi Mogha’s: Law of Pleading Conveyancing: D’Souza


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PAPER-V: LAW RELATING TO CRIMINAL PROCEDURE, JUVENILE JUSTICE ACT AND PROBATION OFFENDERS ACT

Time: 3 Hours Max. Marks: 100 The Syllabus consists of five units and the Paper setter is required to set the paper as under:- Section A: It will consist of 10 compulsory questions of 2 marks each. Answer to each question is to be of five lines. The paper setter is required to set two questions from each unit. 20 Marks Section B: It will consist of 15 questions of six marks each. Answer each question is to be in 2 pages. Three questions are to be set from each unit and the candidates are required to attempt eight questions in all attempting atleast one question from each unit. 48 Marks Section C: It will consist of five questions of 16 marks each. Answer to each question is to be in 5 pages. One question is to be set from each unit and the candidates are required to attempt any two questions out of five. 32 Marks Atleast two Judgments from the Syllabus should be reflected in the paper.

UNIT I Criminal Procedure Code, 1973 Preliminary: (a) Object, Extent and Definitions (Chapter I) (b) Duties of Public (i) To assist Police and Magistrate (ii) To give information about certain offence (Chapter - IV, Ss. 37 to 40) Criminal Courts: (a) Territorial Divisions and Classification (Chapter II, Ss. 10, 14, 15, 19, 22 and 23) (b) Powers (Chapter III, Ss. 26 to 31) Judgments:- 1. Khatri v. State of Bihar (1981) 2 SC C 493 2. Sanjay Suri v. Delhi Adm. AIR 1988 SC 414

UNIT II Pre-Trial Procedures: (a) Process to compel appearance (Chapter-VI) (b) Process to compel Production of things (Chapter - VII) (c) Arrest of Persons (Chapter V) (d) Information to the Police and their Powers of Investigation (Chapter-XII)


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(e) Bail (Chapter XXXIII) (f) Jurisdiction of the Courts in Enquiries and Trials (Chapter-XIII). (g) Maintenance of Public Order and Tranquility (Chapter -X) (h) Maintenance of Wives, Children and Parents Judgments:- 1. Madhu Limaya v. SDM Monghyr AIR 1971 SC 2486 2. Dr. (Mrs) Vijaya Manohar Arbat v. Kashiro Rajaram Sawai and another

(1987) 1 SCJ 524

UNIT III Jurisdiction of the Courts in Enquiries and Trials (Chapter-XIII) Complaints to Magistrates and Cognizance of Offence (Chapter XV and XIV) Charge (Chapter XVII) (a) Types of Trials: (i) Trial before Court of Session (Chapter XVIII). (ii) Trial of Summons and Warrant Cases (Chapters XIX and XX). (iii) Summary Trials (Chapter XXI). (iv) Judgment (Chapter XXVII). (a) Appeals (Chapter XXIX).Reference and Revision (Chapter XXX). (b) Misc. Provisions: (i) Period of Limitation (Chapter XXXVI). (ii) Irregular Proceedings (Chapter XXXV). (iii) Autrofois Acquit and Autrofois Convict (iv) Legal Aid to Accused at State Expenses (v) Pardon to an Accomplice (vi) Saving of Inherent Powers of High Court Maintenance of Wives, Children and Parents Judgments:- 1. Ram Chander v. State of Haryana AIR 1981 Sc 1036 2. Dagdu v. State of Maharashtra AIR 1977 SC 1579

UNIT IV Juvenile Justice (Care and Protection of Children) Act, 2000 Definitions (Ch I) Juvenile in Conflict with Law (Ch II) Child in Need of Care and Protection (Ch III) Rehabilitation and Social Registration (Ch IV)


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UNIT V Probation of Offenders Act, 1958: Definitions - Power of Court to release certain offenders after admonition, on probation of good conduct - Power of Court to require released offenders to pay compensation under twenty one years of age, Variations of conditions of probation, Probation in case of Offenders failing to observe conditions of board, provisions as to sureties, Probation Officers Suggested Readings Ratan Lal: Criminal Procedure Code Ganguly, A.C: A Guide to Criminal Code Procedure Khatri, B.D: Law of Probation in India Chakravarti N.K: Probation System in the Administration of Criminal Justice Probation of Offenders Act, 1954


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PAPER VI: CONVEYANCING AND PROFESSIONAL ETHICS AND BENCH-

BAR RELATIONS, PUBLIC INTEREST LAWYERING, LEGAL AID AND PARA LEGAL SERVICES

Time: 3 Hours Max. Marks: 100 The Syllabus consists of five units and the Paper setter is required to set the paper as under:- Section A: It will consist of 10 compulsory questions of 2 marks each. Answer to each question is to be of five lines. The paper setter is required to set two questions from each unit. 20 Marks Section B: It will consist of 15 questions of six marks each. Answer each question is to be in 2 pages. Three questions are to be set from each unit and the candidates are required to attempt eight questions in all attempting atleast one question from each unit. 48 Marks Section C: It will consist of five questions of 16 marks each. Answer to each question is to be in 5 pages. One question is to be set from each unit and the candidates are required to attempt any two questions out of five. 32 Marks Atleast two Judgments from the Syllabus should be reflected in the paper.

UNIT I Conveyencing: The following Deeds be drafted: (i) Sale Deed, (ii) Mortgage Deed, (iii) Gift Deed, (iv) Lease Deed, (v) Rent Deed, (vi) Partnership Deed, (vii) Power of Attorney, (viii) Promissory Note, and (ix) Will (x) Exchange Deed

UNIT II

Legal Profession in India-Evolution, Historical Development and Regulations Advocacy & Professional Ethics —Advocates' Act, 1961 Chapter V & VI (Ss 35-45) —Bar Council of India Rules part VI & VII Judgments:- i) C.K. Daftri V. O.P. Gupta AIR 1971 SC 1122 ii) EMS Namboodripad V. T.L. Nambiyar AIR 1970 SC 2015


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Unit-III Contempt Law & Practice —Contempt of Courts Act, 1971 —Constitutional Provisions regarding Powers of Supreme Court and High Courts

& Houses of Parliament & State Legislatures for Punishing for their Contempt. Judgments:-

i) Delhi Judicial Services Association V. State of Gujrat, AIR 1991 SC 2176.

ii) In re Vinay Chandra Mishra, AIR 1995 SC 2349

Unit-IV Public Interest Lawyering —Concept and Significance of Lok Adalats —Legal Litracy and Para Legal Services —Legal Services Authorities Act, 1987 (Ss 19-22) Concept of Public Interest Lawyering & Litigation Judgments:- i) S.P. Gupta v. President of India & Others AIR 1982 SC149 ii) Lawyers' Initiative through R.S. Bains v. State of Punjab AIR 1996 P & H 1

UNIT-V — Concept of Mobile Courts, Fast Track Courts, Family Courts, and Camp Courts — Importance of Law Journals, Periodicals and Reporters

—Use of Computers and Audio-Visual means in Legal Work Judgments:- i) Khatri & Ors. V. State of Bihar & Ors. AIR 1981 SC 928 ii) Suk Das & Anr. V. Union Territory of Arunachal Pradesh, AIR 1986 SC 991.

Suggested Readings: Sangeeta Monika Ahuja: Public Interest Litigation in India S.S. Sharma: Legal Aid to the Poor Sujan Singh: Legal Aid-Human Right to Equality Krishnaswamy lyer: Professional Conduct of Advocacy A.N. Chaturvedi: Principles & Forms of Pleadings & Conveyancing N.R. Madhava Menon: Clinical Legal Education M.P. Jain: Indian Legal History


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Paper VII (Opt i): CRIMINOLOGY AND PENOLOGY Time: 3 Hours Max. Marks: 100 The Syllabus consists of five units and the Paper setter is required to set the paper as under: Section A: It will consist of 10 compulsory questions of 2 marks each. Answer to each question is to be of five lines. The paper setter is required to set two questions from each unit. 20 Marks Section B: It will consist of 15 questions of six marks each. Answer each question is to be in 2 pages. Three questions are to be set from each unit and the candidates are required to attempt eight questions in all attempting atleast one question from each unit. 48 Marks Section C: It will consist of five questions of 16 marks each. Answer to each question is to be in 5 pages. One question is to be set from each unit and the candidates are required to attempt any two questions out of five. 32 Marks

UNIT I Criminology: Definition, Nature and Scope, Methods of Studying, Importance and Classification of Crime Criminal Behaviour: (1) Explanations. (2) Psychological Theories - Alcoholism and Drugs.

UNIT II Crime and Social Process: Economic Motivation, Socio-cultural motivations, home and community influences, White Collar Crime, Female Offender, Juvenile Delinquency, Influence of Mass-media. Schools of Criminological Thoughts (Factors in Causation of Criminal Behaviour) (1) Ancient School

(a) Demonological (b) School of Free Will

(2) Classical School (3) Cartographic or Ecological School (4) Socialistic School (5) Typological School

(a) Italian or Positive School (b) Mental Testers School (c) Psychiativists School

(6) Sociological School (7) Multi-Factor School


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UNIT III

Control of Crime: Police and Law Courts; Prison System - Re-socialisation of the offender, Rehabilitation of Discharged Prisoners in the Administration of Criminal Justice, Prevention of Crime Delinquency Definition of Punishment, Relationship between Criminology and Penology Theories of Punishment: Expiatory, Preventive and Reformative Purposes of Punishment

UNIT IV Penal Science in India: History of Punishment: Pre-classical School - Classical School, Neo-classical Positive School, The Reformers, Clinical School and Multiple Causation Approach. Kinds of Punishment: Modes of Treatment of Offenders, Corporeal Punishment, Transportation of Criminals, Capital punishment, Imprisonment, Recreational Treatment, Probation, Parole, Compensation, Admonition, Treatment of Habitual Juvenile, Sex and Adolescent Offenders, Borstal School, Criminal Procedural Jurisprudence.

UNIT V Victimology Need for compensation Compensation and Rehabilitation Compensation as a mode of punishment Constitutional perspective of compensation Constitutional Guarantees Protection to Arrested Persons, Under-Trials, Detenue and Convicted Persons Double Jeopardy and Self-incrimination Rights to Life Legal Aid LEADING CASES: Gura Singh v. State of Rajasthan, 1984, Cr. LJ 1423 (1428) Bandhua Mukti Morch v. Union of India, AIR (1984) SC 802 Francis Coralie Mullin v. Union Territory Delhi, AIR, (1981) SC 746 R.K. Garg v. Union of India (1981) 133 ITR 239 Mithu v. State of Punjab, AIR 1983, SC 473


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Suggested Readings: Barnes, H.B. and Tecters: New Horizons in Criminology Pillai, K.S.: Criminology R. Taft, Donald: Criminology Edwin H. Sutherland & Donald R. Grussey: Principles of Criminology Ahmed Siddiqui Perspectives: Criminology - Problems & Katherine S Williams: Text Book on Criminology Loveland: The Frontiers of Criminality Hall, J. Law, Social Science and Criminal Theory Manheim, H.: Comparative Criminology: A Text Book Ross, H.: Law and Deviance Sutherland, E. and Cressy: Principles of Criminology Walker, N. Crime and Criminology: A Critical Introduction S. Rao: Crime in Our Society J.M. Sethna: Society and the Criminal S. Kaldate: Society, Delinquent and Juvenile Courts W.C. Reckless: The Prevention of Juvenile Delinquency D.C.Pandey: Habitual Offenders and the law Mulla Committee Report P. Rajgopal: Violence and Response: A Critique of Indian Criminal . Justice System


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Paper VII (Opt ii): INTERNATIONAL ORGANISATION GUIDELINES FOR THE PAPER SETTERS The Syllabus consists of five units and the Paper setter is required to set the paper as under: Section A: It will consist of 10 compulsory questions of 2 marks each. Answer to each question is to be of five lines. The paper setter is required to set two questions from each unit. 20 Marks Section B: It will consist of 15 questions of six marks each. Answer each question is to be in 2 pages. Three questions are to be set from each unit and the candidates are required to attempt eight questions in all attempting atleast one question from each unit. 48 Marks Section C: It will consist of five questions of 16 marks each. Answer to each question is to be in 5 pages. One question is to be set from each unit and the candidates are required to attempt any two questions out of five. 32 Marks

UNIT-I International Organisations -Definition -Nature -Functions -Classification

-Legal Personality of International Institutions -League of Nations—Composition and Causes of its Failure -United Nations— Establishment, Distinction between United Nations and League of

Nations, Purpose and Principles, Membership, Suspension and Expulsion

UNIT-II Principal Organs of United Nations The General Assembly The Security Council

UNIT-III Economic and Social Council Office of the Secretary General International Court of Justice International Criminal Court Trusteeship Council


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UNIT-IV Specialized Agencies -Common Features ILO IBRD IMF WHO WTO

UNIT V Council of Europe NATO OAS TRIBUNALS Permanent Court of Arbitration Collective Security under League of Nations and UN Suggested Readings D.W. Bowett: The Law of International Institutions R.C. Hingorani: International Law through United Nations Max Sorenson: Manual of Public International Law S.P Gupta: International Organisation


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Paper VII (Opt iii): WOMEN AND LAW AND LAW RELATING TO CHILD

GUIDELINES FOR THE PAPER SETTERS The Syllabus consists of five units and the Paper setter is required to set the paper as under: Section A: It will consist of 10 compulsory questions of 2 marks each. Answer to each question is to be of five lines. The paper setter is required to set two questions from each unit. 20 Marks Section B: It will consist of 15 questions of six marks each. Answer each question is to be in 2 pages. Three questions are to be set from each unit and the candidates are required to attempt eight questions in all attempting atleast one question from each unit. 48 Marks Section C: It will consist of five questions of 16 marks each. Answer to each question is to be in 5 pages. One question is to be set from each unit and the candidates are required to attempt any two questions out of five. 32 Marks

UNIT I A. Introduction a. Status of Women in India b. Status of Women – International concerns B. Constitution of India & Women a. Preamble b. Equality Provisions c. Directive Principles of State Policy

UNIT II Personal Laws and Women a. Unequal position of women – Different Personal Laws b. Uniform Civil Code towards Gender Justice c. Sex Inequality in Inheritance d. Guardianship

UNIT III Criminal Laws and Women a. Adultery b. Rape c. Outraging Modesty d. Domestic Violence


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UNIT IV

Women Welfare Laws a. The Dowry Prohibition Act, 1961 b. Pre-natal Diagnostic Techniques (Regulation & Prevention of Misuse) Act, 1994 c. Indecent Representation of Women (Prohibition) Act, 1986 d. Immoral Traffic (Prevention) Act, 1987 e. Family Courts Act, 1984 f. Labour Welfare Legislations: Maternity Benefit Act, Factories Act, Equal Remuneration Act, Implementation of Wage Laws and Legislation on Women Employment

UNIT V CHILD & THE LAW

Social Constitutional and International Legal Status of Child Constitutional Concern - Article 15(3), Article 24 and Article 45 International Concern and Endeavour for the Welfare of the Children: Minimum Age Conventions Child Rights Conventions U.N. Declaration of the Rights of the Child, 1924, 1959. Family Relations and Child The Status of a Child in matters of Marriage, Legitimacy, Guardianship, Adoption, Maintenance and Custody. Provisions in the Statutes relating to Hindu Marriages, Restraint on Child Marriage, Guardians and Wards, Hindu Minority and Guardianship, Hindu Adoptions and Maintenance and in the Indian Evidence Act 1872 Suggested Readings (Latest editions only):

Law relating to Women: Sayed Maqsood Law relating to Women: S.C. Tripathi Women and Law: Nomita Aggarwal Women and Law: Manjula Batra Women and Law: G.P. Reddy Ajnes, Flavia: Law as Gender Inequality Indian Law Institute: Child and the Law Sumithra Vishnu v. Union of India 1985 SC 1618. 42nd Report Law Commission,


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PAPER VII (Opt iv): HEALTH CARE LAW Time: 3 Hours Max. Marks: 100 The Syllabus consists of five units and the Paper setter is required to set the paper as under: Section A: It will consist of 10 compulsory questions of 2 marks each. Answer to each question is to be of five lines. The paper setter is required to set two questions from each unit. 20 Marks Section B: It will consist of 15 questions of six marks each. Answer each question is to be in 2 pages. Three questions are to be set from each unit and the candidates are required to attempt eight questions in all attempting atleast one question from each unit. 48 Marks Section C: It will consist of five questions of 16 marks each. Answer to each question is to be in 5 pages. One question is to be set from each unit and the candidates are required to attempt any two questions out of five. 32 Marks

UNIT I Medicine and Healthcare a. Healthcare as an issue at the national and international level b. Constitutional Provisions - Right to Health as a Fundamental Right - Remedies available under the Indian Constitution - Right to health vis-à-vis the right to Confidentiality - Access to Medical Records

UNIT II Professional Obligations of Doctors a. Transplantation of Human Organs Act, 1994 b. Pre Conception & Pre Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, . . 1994 b. International Code of Medical Ethics c. Indian Medicine Central Council Act, 1970 d. Dentists Act, 1948 e. The Homeopathy Central Council Act, 1973 f. The Drugs and Cosmetics Act, 1940

UNIT III Medical Jurisprudence:

a. Introduction and Legal Procedure b. Identification of Person c. Medical Aspect of Death d. Death from Asphyxia


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e. Starvation f. Cold g. Head injuries h. Sexual Offences i. Infanticide j. Abortion

Forensic Science:

a. Examination of Biological Fluids b. Stains and other materials c. Introduction and Law relating to Poison, d. Drug Addition, e. Sedatives.

UNIT IV

Medical Negligence

a. Ingredients b. Role of consent in Medical Practice c. Error of judgment and gross negligence d. Wrongful diagnosis and negligent diagnosis

UNIT V

Remedies for Medical negligence a. Law of Torts b. Law of Crimes c. Consumer Protection Law Leading Cases 1. Sada Shiv Mohan Chandra v. State of Kerala, AIR, 1994, SC 565 2. Keru Singh v. State of Rajasthan, 1994, Cr.LJ 187 SC 1843, 8 E.R. 718 3. Jose v. State of Kerala, 1994 S CC (Cr.) 1659 SC 4. Miss Narayanamma v. State of Karnataka, 1994 SCC 1573 5. Hemchandra v. State of Haryana, AIR, 1995, SC 120 Suggested Readings: Parikh’s Text Book of Medical Jurisprudence and Toxicology: Dr. D.K. Parikh. Medical Jurisprudence and Toxicology: Jai Singh S. Modi Forensic Chemistry and Scientific Criminal Investigation: Lucas, A. Drug and Cosmetic Act, 1940: Vijay Malik Medical Negligence & Legal Remedies: Anoop K. Kaushal Medical Negligence Compensation: Jagdish Singh


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Paper VII (Opt v): AIR AND SPACE LAW GUIDELINES FOR THE PAPER SETTERS The Syllabus consists of five units and the Paper setter is required to set the paper as under: Section A: It will consist of 10 compulsory questions of 2 marks each. Answer to each question is to be of five lines. The paper setter is required to set two questions from each unit. 20 Marks Section B: It will consist of 15 questions of six marks each. Answer each question is to be in 2 pages. Three questions are to be set from each unit and the candidates are required to attempt eight questions in all attempting atleast one question from each unit. 48 Marks Section C: It will consist of five questions of 16 marks each. Answer to each question is to be in 5 pages. One question is to be set from each unit and the candidates are required to attempt any two questions out of five. 32 Marks

UNIT I Introduction Definition of Air Law Nature, Scope and Source Development of Air Law (Paris Convention 1910, Paris Convention 1919, Madrid Convention 1926, Havana Convention 1928, Warsaw Convention and Chicago Convention 1944)

Bilateralism and multilateralism Concept of Bilateralism Views on Multilateralism Merits and Demerits Regionalism in Civil Aviation India and Bilateral Agreements

UNIT II Safety and Security in Civil Aviation The Concept Aviation Terrorism International norms: Conventions, Protocols and Regulations Regulations in India Air Safety Provisions Air Traffic Management Legal regime of Air Space and Outer Space Problems of Application of Air, Space and Telecommunication Laws State obligation to provide Air Navigation Services Sovereign Rights of States


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UNIT III

Liability in International Civil Aviation

Manufacturers, Operators, Operators' Agents and Maintenance Contractor’s Third Party Liability for Surface Damage

Rights and Privileges of Air Passengers Consumer Protection in Civil Aviation Liability for Death, Injury and Delay Global Trends Indian law

UNIT IV

Settlement of Aviation Related Disputes General Principles Role of ICAO and ICJ Arbitration Settlement under Municipal Law Space Law Definition, Nature, Scope and Development Sources UN and Outer Space Space Technology: Establishment of COPUOS International co-operation for Peaceful Use UN space treaties: strengths and needs

Non-governmental Organizations and Space Activities

UNIT V

Use of Space Technology Peaceful and Non-peaceful Remote Sensing Environmental Protection Disaster Prediction, Warning and Mitigation Management of Earth Resources Satellite Navigation and Location Space Communication Commercialization of Space Activities Public and Private Sector Activities Industry-government Partnership


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Suggested Readings Bhatt S.: The New Aviation Policy of India: Liberalization and Deregulation Bhatt S. Air Law and Policy in India Blackshaw, Carole Aviation Law and Regulation-A Framework for Civil Aviation Industry Blacklock, Mark. (ed.), International Civil Aviation Organization: 50 Years Global Celebrations 1944-1994. (1995), International Systems and Communications Ltd., London Button, Kennath, (ed.), Airline Deregulation: International Experience Mani V.S., Recent Trends in International Space and Policy


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Paper VII (Opt vi): HUMAN RIGHTS, HUMANITARIAN LAW AND REFUGEE LAW

Max. Marks : 100 GUIDELINES FOR THE PAPER SETTERS The Syllabus consists of five units and the Paper setter is required to set the paper as under: Section A: It will consist of 10 compulsory questions of 2 marks each. Answer to each question is to be of five lines. The paper setter is required to set two questions from each unit. 20 Marks Section B: It will consist of 15 questions of six marks each. Answer each question is to be in 2 pages. Three questions are to be set from each unit and the candidates are required to attempt eight questions in all attempting atleast one question from each unit. 48 Marks Section C: It will consist of five questions of 16 marks each. Answer to each question is to be in 5 pages. One question is to be set from each unit and the candidates are required to attempt any two questions out of five. 32 Marks

UNIT I HUMAN RIGHTS Introduction a. History b. Evolution c. Growth UN Charter and Human Rights a. UDHR b. Covenants of 1966 c. Optional Protocols

UNIT II Human Rights and the Indian Constitution a. Fundamental Rights b. Directive Principles of State Policy Protection of Human Rights under Protection of Human Rights Act, 1993 a. The Judiciary b. NHRC c. NGOs


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Group Rights a. Prisoners b. Women and Children c. Indigenous People d. Disabled

UNIT III HUMANITARIAN LAW Introduction b. History c. Evolution d. Growth Geneva Conventions Systems Geneva Convention I, II, III, IV

UNIT IV Armed Conflicts 1. Internal armed conflict 2. International armed conflicts 3. Non-international armed conflicts Enforcement Machinery a. International Criminal Court b. ICRC

UNIT V REFUGEE LAW Position of refugees under Universal Declaration of Human Rights Rights, obligations and privileges of refugees under the Refugee Convention 1951 Who is a refugee? Judicial Status Administrative Measures The 1967 Protocol Suggested Readings: UN Charter Constitution of India Human Rights Act, 1993 Sinha, M.K.: Implementation of Non-Derogation Human Rights

(Delhi 1999)


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D.D. Basu: Human Rights Upender Baxi: Human Rights Thomas Buergenthal: Human Rights Henry Steiner & Philip Alston: International Human Rights Law B.G. Ramcharan: International Human Rights (Oxford, 1998) Y.K. Tyagi: British Yearbook (2001). Ingrid Detter: The Law of War, (Cambridge, 2000) A. Roberts and R. Guelff, eds: Documents on the Laws of War (Oxford, 2000) M.K. Balachandran & Rose International Humanitarian Law Verghese (eds.): Ravindra Pratap: India’s Attitude towards IHL Guy S. Goodwin: The Refugee in International Law (Oxford, 2000) A. Vibeke Eggli: Mass Refugee Influx and the Limits of Public

International Law


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PAPER VIII: MOOT COURT, PRE-TRIAL PREPARATIONS,

PARTICIPATION IN TRIAL PROCEEDINGS AND CHAMBER TRAINING

Max. Marks: 100 UNIT-I

Moot court Every student will conduct two Moot Courts of 15 Marks each. The Moot Court

work will be on assigned problems and it will be evaluated for 7 marks for written submissions and 8 marks for oral advocacy. (30 Marks)

UNIT-II

Court Visit OBSERVANCE OF TRIAL IN ONE CIVIL AND ONE CRIMINAL CASE

Students will visit the Court two times one in Oct-Nov and the other in Feb for

seven days each and maintain a record and note the various steps observed during their attendance on different days in the Court assignment. (30 Marks)

UNIT-III Students will observe two interviewing sessions of clients at the Lawyers office

and record the proceedings in a diary (15 Marks) The students will observe the preparation of documents and Court papers by the

Advocate and the procedure for filling of the suit petition and will record it in a diary (15 Marks)

UNIT-IV Viva-Voce examination on all the above three aspects (10 Marks) Visit to High Courts/Supreme Court (optional)