pdm university, bahadyrgarh-124507 · mitakshara and dayabhaga school, succession (the hindu...

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PDM UNIVERSITY, BAHADYRGARH-124507 Haryana Private Universities Act, 2006 (Haryana Act No.32 of 2006) & ( Estt. Under the Haryana Private Universities (Amendment) Act, 2015 (Haryana Act No.1 0f 2016) FACULTY OF LAW OUTLINES OF TESTS SYLLABI AND COURSES OF READING FOR LL.B 3 YEARS LAWCOURSE FOR THE SESSION 2017-18

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Page 1: PDM UNIVERSITY, BAHADYRGARH-124507 · Mitakshara and Dayabhaga School, Succession (The Hindu Succession Act, 1956-Sections 1 to 30), Gifts, Wills, Impartible Estates. UNIT –IV Minority

PDM UNIVERSITY, BAHADYRGARH-124507Haryana Private Universities Act, 2006 (Haryana Act No.32 of 2006)

&

( Estt. Under the Haryana Private Universities (Amendment) Act, 2015

(Haryana Act No.1 0f 2016)

FACULTY OF LAW

OUTLINES OF TESTS SYLLABI AND COURSES OF READING

FOR

LL.B 3 YEARS LAWCOURSE

FOR THE SESSION 2017-18

Page 2: PDM UNIVERSITY, BAHADYRGARH-124507 · Mitakshara and Dayabhaga School, Succession (The Hindu Succession Act, 1956-Sections 1 to 30), Gifts, Wills, Impartible Estates. UNIT –IV Minority

LL.B. ( 3 YEAR) COURSE

Course Code Semester-I Credit MarksBL-1001BL-1002BL-1003BL-1004BL-1005

JurisprudenceConstitutional Law-IContract-IFamily Law-ILaw of Torts including Motor VehicleAccidents and Consumer Protection Laws

4

444

4

100

100100100

100Semester-II

BL-2001BL-2002BL-2003BL-2004BL-2005

Constitutional Law-IILaw of Contract IIFamily Law-IIPublic International LawLaw of Property

44444

100100100100100

Semester-III

BL-3001BL-3002BL-3003BL-3004BL-3005

Criminal Law-I (Indian Penal Code)Labour and Industrial Law IEnvironmental LawAdministrative LawProfessional Ethics and Professionalaccounting System – CLINICAL COURSE

44444

100100100100100

Semester-IVBL-4001BL-4002BL-4003BL-4004BL-4005

Criminal Law-II (Cr.P.C.)Labour and Industrial Law-IIIntellectual Property LawLaw of AgricultureDrafting, Pleading andConveyance – CLINICAL COURSE

44444

100100100100100

Semester-VBL-5001BL-5002BL-5003BL-5004BL-5005

C,P.C and Limitation ActCompany LawLaw of EvidenceInsurance LawAlternative Dispute Resolution (CLINICALCOURSE)

44444

100100100100100

Page 3: PDM UNIVERSITY, BAHADYRGARH-124507 · Mitakshara and Dayabhaga School, Succession (The Hindu Succession Act, 1956-Sections 1 to 30), Gifts, Wills, Impartible Estates. UNIT –IV Minority

Semester-VIBL-6001BL-6002

BL-6003BL-6004BL-6005

Principles of Taxation LawInterpretation of Statutes andPrinciples of Legislation (Opt-I)Banking LawHuman Right Law and PracticeMoot Court Exercise and Internship(CLINICAL COURSE)

44

444

100100

100100100

Page 4: PDM UNIVERSITY, BAHADYRGARH-124507 · Mitakshara and Dayabhaga School, Succession (The Hindu Succession Act, 1956-Sections 1 to 30), Gifts, Wills, Impartible Estates. UNIT –IV Minority

FACULTY OF LAWDepartment of Law

SYLLABUS FOR L.L.B.3 YEAR REGULATR COURSE (2017-2018)SEMESTER-IJURISPRUDENCEPAPER NO: P-ICourse Description

Course Code-1001 Internal/Project Marks: 30Credits: 4 Theory Paper Marks: 70

Total Marks: 100Duration of Examination: 3 Hrs

OBJECTIVE OF THE COURSE: Jurisprudence is a window that gives into the making,mechanics and meaning of law. It also throws light on all intricate factors that go on to makeup what is known as law. This module intends to take the students to journey into law andlegal concepts.

Unit 1: Introduction to Jurisprudence

1. Definition and Scope of Jurisprudence, Utility of Jurisprudence, Growth ofJurisprudence and Difficulties in Defining Jurisprudence

2. Law and Jurisprudence-A study in relationship

Unit -II: School of jurisprudence

1. Analytical School, Historical School, Sociological School and Feminist School2. Positivism and Pure Theory of Law

Unit III: Natural law

1. Meaning and Concept of Natural Law

2.Natural Law during the medieval period, Decline and Revival of Natural Law

Unit IV: Sources of law

1. Customs

2. Precedent

3. Legislations

Unit V: Judicial concepts

1. Legal Rights and Duties

2.Law and Morals

3. Property

4. Ownership

5. Possession

6. Legal Persons

Page 5: PDM UNIVERSITY, BAHADYRGARH-124507 · Mitakshara and Dayabhaga School, Succession (The Hindu Succession Act, 1956-Sections 1 to 30), Gifts, Wills, Impartible Estates. UNIT –IV Minority

Suggested Readings:

1. Agarwal Nomita,Jurisprudence, Central Law Publication, Allahabad2. Edgar Bodenheimer, Jurisprudence, Universal Law Publication, Delhi3. Dhyani S.N., Foundation of Jurisprudence, Central Law Agency, Allahabad4. Paranjapee N.V., Studies in Jurisprudence and Legal Theory, Central Law AgencyAllahabad5. W. Frienmann, Legal Theory, Universal Law Publishing Co, Pvt. Ltd6. H.L.A. HART, The concept of law, Oxford University Press7. M.D.A. Freeman(Ed), Lloyed’d- Introduction to Jurisprudence, Sweet & Maxwell8. R.M.V. Dias, Jurisprudence, Butterworths9. C.K. Allen, Jurisprudence, Oxford University Press10. G.W. Paton, Text Book of Jurisprudence, Oxford University Press* Latest editions of all the suggested books are recommended.

Note: The question paper will have Nine questions in all. First question will be compulsoryand shall carry 20 marks and will be of conceptual nature covering the entire syllabus.There will be eight more questions, two from each unit and shall carry 12 Marks for eachquestion. The candidate will be required to attempt four questions, selecting atleast onequestion from each unit.

Page 6: PDM UNIVERSITY, BAHADYRGARH-124507 · Mitakshara and Dayabhaga School, Succession (The Hindu Succession Act, 1956-Sections 1 to 30), Gifts, Wills, Impartible Estates. UNIT –IV Minority

FACULTY OF LAWDepartment of Law

SYLLABUS FOR L.L.B.3 YEAR REGULATR COURSE (2017-2018)SEMESTER-I

CONSTITUTIONAL LAW OF INDIA – IPaper-IICourse Description

Course Code: BL-1002 Internal/Project Marks: 30Credits: 4 Theory Paper Marks: 70

Total Marks: 100Duration of Examination: 3 Hrs

OBJECTIVE OF THE COURSE :Constitution is the foundation of a nation and fountainhead of all laws. This module introduces the students to the characteristics of theconstitution and the fundamental rights that are enshrined in the constitution.

UNIT– I :Historical Development of Indian Constitution: Pre Independent Position, PostIndependent Position (All Amendments) and Present Position (Pending Proposals forConstitutional Amendments)

Characteristics of Indian Constitution

UNIT– II :Definition of the State- Laws inconsistent with or inderogation of the FundamentalRightsFundamentals Rights – Right to Equality – Right to freedom of Speech and Expression-Right to life and Personal Liberty- Right Against Exploitation- Right to Religion- Cultural andEducational Rights- Right to Constitutional Remedies- Relationship between FundamentalRights and Directive Principles of State Policy

UNIT – III :The Union Executive – The President: Powers, Functions and Procedure forImpeachment; Council of Ministers and Formation of the Government.

UNIT-IV-The State Executive – The Governor: Powers, Functions and the Role of Governor.RECOMMENDED READINGS:***** Only current editions are to be read.1. V.N. Shukla, Constitutional Law-11th Edition, Eastern Book Company, 2008.2. Pandey J.N., Constitutional Law3. Basu D.D., Constitution of India4. Jain M.P., Indian Constitutional Law- 5th Edition, Wadhwa, 2006.5. Seeravai. H.M., Constitution of India - 4th Edition, Universal Law Publishing Co. Pvt. Ltd.,2008.6. Kagzi M.C.J., Constitution of India- 6th Edition, India Law House,2004.7. Bakshi, P.M. : Constitution of India- 8th Edition, Universal Law Pub., 2008.8. NarenderKumar : Constitutional Law of India- 7th Edition, AllahabadLaw Agency, 2008.

Note: The question paper will have Nine questions in all. First question will be compulsoryand shall carry 20 marks and will be of conceptual nature covering the entire syllabus.There will be eight more questions, two from each unit and shall carry 12 Marks for eachquestion. The candidate will be required to attempt four questions, selecting atleast onequestion from each unit.

Page 7: PDM UNIVERSITY, BAHADYRGARH-124507 · Mitakshara and Dayabhaga School, Succession (The Hindu Succession Act, 1956-Sections 1 to 30), Gifts, Wills, Impartible Estates. UNIT –IV Minority

FACULTY OF LAW

Department of LawSYLLABUS FOR L.L.B.3 YEAR REGULATRCOURSE (2017-2018)

SEMESTER-ICONTRACT – I(General Principles)Paper-IIICourse Description

Course Code: BL-1003 Internal/Project Marks: 30Credits: 4 Theory Paper Marks: 70

Total Marks: 100Duration of Examination: 3 Hrs

JECTIVE OF THE COURSE: This is a law that helps establish a legal relationship andregulate the same between two individuals in the public domain. This law is a very importanttool of commerce in globalised era. This module will help and prepare the students forunderstanding the world of contract.

UNIT– I1. GENERAL PRINCIPLES OF CONTRACT:

History and Nature of Contractual-Agreement and Contract: definitions-elements and kinds-legality of object

Formation of Contract-Proposals and Acceptance: Ss. 1 to 10).Free Consent (Ss. 13 to 22)Lawful consideration and object (Ss. 2(d), 23, 24,25)Void Agreements: Ss. 26-30Contingent Contracts ( Ss. 31-36)Performance of Contract and Anticipatory breach: (Ss. 37 to 55)

UNIT –II

Impossibility, illegality and performance (Ss. 56 to 61)Contracts which need not be performed (Ss. 62 to 67)Quasi Contracts (Ss. 68 to 72)

UNIT-III

Breach of Contract and Damage (Ss. 73 to 75)(Indian Contract Act, 1872 (As amended upto date) Section 1- 75)

II. SPECIFIC RELIEF :

Page 8: PDM UNIVERSITY, BAHADYRGARH-124507 · Mitakshara and Dayabhaga School, Succession (The Hindu Succession Act, 1956-Sections 1 to 30), Gifts, Wills, Impartible Estates. UNIT –IV Minority

UNIT-IV:

Definition, Recovering possession of property (Sections 2, 5 to 8)Contract which can be specifically performed and which not be speciallyperformed (Sections 10-14)Rescission of contract (Ss. 27-30)Injunctions (Sections 36-41)(Specific Relief Act,)

RECOMNDDED READING

**** Only current editions are to be read.1. Chesire&Fifoot, Cases on Law of Contract, Butterworths.2. G. Treitel, The Law of Contract, Sweet and Maxwell3. Anson, The Law of Contract, Oxford University Press4. Cheshire and Fifoot, Cases on Law of Contract, Oxford University Press5. Chitty, Contracts, Vol. I And XXIX , Sweet and Maxwell6. Avtar Singh, Principles of Mercantile Law, Eastern Book Co.7. Mulla, D.F. : Indian Contract and Specific Relief Act- 13th EditionLexis-Nexis, 2006.8. Bangia, R.K. : Indian Contract Act- 13th Edition Allahabad Law Agency, 2008.9.Bangia, R.K. : Specific Relief Act- 3rd Edition (Reprint), 200610, Desai, T.R. : Indian Contract Act- 16th Edition, S.C. Sarkar & Sons Pvt.Ltd., 1961.11. Ansoon, A.G. : Law of Contract- 26th Edition, Oxford at the Clarendon Press,

1972.12. Pollock and Mulla : Indian Contract Act- 11th Edition, N.M. Tripathi, 1994

Note: The question paper will have Nine questions in all. First question will be compulsoryand shall carry 20 marks and will be of conceptual nature covering the entire syllabus.There will be eight more questions, two from each unit and shall carry 12 Marks for eachquestion. The candidate will be required to attempt four questions, selecting atleast onequestion from each unit.

Page 9: PDM UNIVERSITY, BAHADYRGARH-124507 · Mitakshara and Dayabhaga School, Succession (The Hindu Succession Act, 1956-Sections 1 to 30), Gifts, Wills, Impartible Estates. UNIT –IV Minority

FACULTY OF LAWDepartment of Law

SYLLABUS FOR L.L.B.3 YEAR REGULATR COURSE (2017-2018)SEMESTER-IFAMILY LAW IPaper-IVCourse Description

Course Code: BL-1004 Internal/Project Marks: 30Credits: 4 Theory Paper Marks: 70

Total Marks: 100Duration of Examination: 3 Hrs

OBJECTIVE OF THE COURSE: Family is the smallest yet a very important unit of thesociety. He issues within the family are a concern for law but also of religion, culture andcustom. This module acquaints the students with the intricate of family and the law relatingto them.

UNIT – IIntroduction- Nature, Origin, Characteristics, Philosophy, Concept and Application of HinduLaw, Sources of Hindu Law,Schools of Hindu Law

UNIT –IIMarriage, Divorce and Maintenance:Historical Background, Forms of Marriage, Legal effects of Marriage, Capacity of Marriage,Ceremonies and Registration of Marriage, Restitution of Conjugal Rights, Dowry, Nullity ofMarriages, Judicial Separation, Divorce and its various theories, Maintenance and CustodyofChildren. The Hindu Marriage Act, 1984, Section 125 to 128 of the Code of CriminalProcedure, 1973, The Hindu Adoptions and Maintenance Act, 1956 (Section 1 to 4 and 18TO 30), the Dowry Prohibition Act, 1961, The Protection of Women from Domestic ViolenceAct, 2005, the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

UNIT –IIILaw relating to Property:

Early law of Property, Joint Family, Liability of debts, Alienations, Partition, Women’sProperty, and The Hindu Women’s Right to Property Act, 1937, Succession under theMitakshara and Dayabhaga School, Succession (The Hindu Succession Act, 1956-Sections 1 to 30), Gifts, Wills, Impartible Estates.

UNIT –IV

Minority and Guardianship:Guardianship of a person, Types of Guardian, Powers, Rights, Duties and Liabilities ofGuardians, Removal of Guardians. The Hindu Minority and Guardians Act, 1956 (Section 1to 13)

Adoption:Sonship, Adoption, Evolution of Adoption, Types of Adoption, Ceremonies and Methods tobe followed in Adoption, Disqualification for Adoption, Valid and invalid Adoption, Doctrineof Factum Valet, who may gives in adoption, Who may be taken in Adoptions andMaintenance Act, 1956 (Section 1 to 17)

Page 10: PDM UNIVERSITY, BAHADYRGARH-124507 · Mitakshara and Dayabhaga School, Succession (The Hindu Succession Act, 1956-Sections 1 to 30), Gifts, Wills, Impartible Estates. UNIT –IV Minority

RECOMMENDED READINGS :****** Only current editions are to be read.1. N.R. Raghavachriar – Hindu Law: Princples and Precedents2. J.D.Mayne- Hindu Law and usage3. Mulla- Hindu Law4. Dr. Paras Diwan- Modern Hindu Law5. B.M. Gandhi- Hindu Law6. Dr. Sir Hari Singh Gour- Hindu Code7. A.N. Saha – Marriage and Divorce8. H.K. Saharay- Law of Marriage and Divorce9.G. Chakraborty- Law of Maintenance10..Diwan, Paras : Modern Hindu Law (Codified and uncodified)- 19th edition Allahabad

Law Agency, 2008.11. Derret : An Introduction to Modern Hindu Law- Oxford University Press, 1963.12. Mulla : Hindu Law- 12th Edition Lexis-Nexis, 2007.13.. Sharma, B.K. : Hindu Law- 2nd Edition, Central Law Agency, 2008

****************************

Note: The question paper will have Nine questions in all. First question will be compulsoryand shall carry 20 marks and will be of conceptual nature covering the entire syllabus.There will be eight more questions, two from each unit and shall carry 12 Marks for eachquestion. The candidate will be required to attempt four questions, selecting atleast onequestion from each unit.

Page 11: PDM UNIVERSITY, BAHADYRGARH-124507 · Mitakshara and Dayabhaga School, Succession (The Hindu Succession Act, 1956-Sections 1 to 30), Gifts, Wills, Impartible Estates. UNIT –IV Minority

FACULTY OF LAWDepartment of Law

SYLLABUS FOR L.L.B.3 YEAR REGULATR COURSE (2017-2018)SEMESTER-I

LAW OF TORTS INCLUDING M.V. ACCIDENTS AND CONSUMER PROTECTION LAWSPaper-VCourse Description

Course Code: BL-1005 Internal/Project Marks: 30Credits: 4 Theory Paper Marks: 70

Total Marks: 100Duration of Examination: 3 Hrs

OBJECTIVES OF THE COURSE: There is a twilight zone between Contract and crimewhere there is only the concept of wrong and not offence and breach. Law of Torts alongwith other enactment introduces the student to this unique world of wrongs.

UNIT – I : TORT

Origin and Development of Law of Torts.Definition,Natureand Scope ofTorts.Essential elements of law of torts- Act or Omission, Mental element, damages (Injuria sineDamnum and Damnum sine Injuria)Damages – (Remoteness of damage causation)General Defences – capacity, Vicarious liability, Joint and Several Tortfeasors, Extinction ofliability etc.General Exception to liability – Act of State, Judicial and Quasi Judicial Acts, Parental andQuasi parental Act, Necessity, Inevitable accident, mistake, Leave and license, Act of GoodSelf Defence.

UNIT – IISPECIFIC RELIEF ACT

Vicarious Liability including vicarious liability of stateNegligenceContributory Negligence and Composite Negligence including Nervous ShockNuisance, DefamationTrespass to Person and Property

UNIT–IIICONSUMER PROTECTION ACT, 1986.

Consumer and Consumer RightsConcept of Goods and ServicesConsumer Protection CouncilsComplaints and process of making of ComplaintsComposition, Powers, functions and Jurisdiction of Consumer Dispute Redressal AgenciesReliefs and Redressal

UNIT–IVMOTOR VEHICLES ACT, 1988

Objects and ReasonsDefinitionsLicensing of Drivers of Motor vehicle

Page 12: PDM UNIVERSITY, BAHADYRGARH-124507 · Mitakshara and Dayabhaga School, Succession (The Hindu Succession Act, 1956-Sections 1 to 30), Gifts, Wills, Impartible Estates. UNIT –IV Minority

Registration of Motor vehiclesLiability without fault in certain casesInsurance of Motor vehicles against third party riskClaim TribulationRecommended READING

******* Only current editions are to be read1. MarkLuney& KenOliphznt, Tort Law: Text and material , Oxford University Press.2. W.V.H. Rogers, Winfield &Jolowicz on Torts, SWEET & MAXWELL3. R.F.V. Heuston(Ed), Salmond and Heuston on Law of TORTS, SWEET & MAXWELL.4. RatanLal and DhirajLal, TheLawofTorts, WADHWA & COMPANY5. P.S. Achuthan Pillai, Eastern Book Company.6. Bangia, R.K. : Law of Torts- 19th Edition, Allahabad Law Agency, 2006.7. Winfield and Jolowicz : Torts- Sweet & Maxwell Ltd., 2006.8. Clerk and Lindsell : Torts- 19th Edition, Sweet & Maxwell Ltd., 20099. Basu, D.D. : The Law of Torts- Kamal Law House, 198110. Aggarwal, V.K. : Consumer Protection Act : Law and Practice- 6thEdition, Bharat Law House, 2009.11GurbaxSingh : Law of Consumer Protection in India- Bharat Law Publisher,199012. Saraf, D.N. : Law of Consumer Protection in India- N.M. Tripathi

Note: The question paper will have Nine questions in all. First question will be compulsoryand shall carry 20 marks and will be of conceptual nature covering the entire syllabus.There will be eight more questions, two from each unit and shall carry 12 Marks for eachquestion. The candidate will be required to attempt four questions, selecting atleast onequestion from each unit.

Page 13: PDM UNIVERSITY, BAHADYRGARH-124507 · Mitakshara and Dayabhaga School, Succession (The Hindu Succession Act, 1956-Sections 1 to 30), Gifts, Wills, Impartible Estates. UNIT –IV Minority

FACULTY OF LAWDepartment of Law

SYLLABUS FOR L.L.B.3 YEAR REGULATR COURSE (2017-2018)SEMESTER-IICONSTITUTIONAL LAW-IIPAPER NO: P-ICourse Description

Course Code: BL-2001 Internal/Project Marks: 30Credits: 4 Theory Paper Marks: 70

Total Marks: 100Duration of Examination: 3 Hrs

OBJECTIVE OF THE COURSE :In this module the students will be taught intricacies ofgovernance. They will get an insight into centre –State relations and also that of theexecutive judiciary and the legislature.

UNIT – IFederalism, Co-Operative Federalism, Nature of Indian Federalism from British Raj toSwaraj,Centre State Relations.a. Legislative Relationsb. Administrative Relationsc. Financial Relations

UNIT –IISupreme Court of India : Constitution and Jurisdiction- Hifh Courts – Constitution andJurisdiction

UNIT – IIIFreedom of Trade, Commerce and IntercourseDoctrine of Pleasure and Constitutional Safeguards to Civil Servants

UNIT–IVThe emergency Provisions- National, State and FinancialThe Amendment of the Constitution

RECOMMENDED READINGS :****** Only current editions are to be read.1. V.N. Shukla, Constitutional Law2. Pandey J.N., Constitutional Law3. Basu D.D., Constitution of India4. Jain M.P., Indian Constitutional Law5. Seeravai. H.M., Constitution of India6. Karzi M.C.J., Constitution of IndiaNote: The question paper will have Nine questions in all. First question will be compulsoryand shall carry 20 marks and will be of conceptual nature covering the entire syllabus.There will be eight more questions, two from each unit and shall carry 12 Marks for eachquestion. The candidate will be required to attempt four questions, selecting atleast onequestion from each unit.

Page 14: PDM UNIVERSITY, BAHADYRGARH-124507 · Mitakshara and Dayabhaga School, Succession (The Hindu Succession Act, 1956-Sections 1 to 30), Gifts, Wills, Impartible Estates. UNIT –IV Minority

FACULTY OF LAWDepartment of Law

SYLLABUS FOR L.L.B.3 YEAR REGULATRCOURSE(2017-2018)CONTRACT – II(Special Contract)

PAPER-IICourse Description

Course Code: BL-2002 Internal/Project Marks: 30Credits: 4 Theory Paper Marks: 70

Total Marks: 100Duration of Examination: 3 Hrs

OBJECTIVE OF THE COURSE :In previous semester the students became familiar withgeneral principle of contract. This Course will initiate the students to different kinds ofcontract and their intricacies.

UNIT– I

SALE OF GOODSConcept of sale as contract – Nature of such Contract – Essential conditions – Impliedterms – Caveat Emptor, its exceptions & emerging changes – warranties in sale – Transferof Titles and passing of Risks – Delivery of Goods – Unpaid seller & his rights- Remediesfor breach.

UNIT – IIPARTNERSHIP

Definition- Nature – Advantage & Disadvantages – Registration – Mutual relationshipbetween partners – Admission , Authority and Outgoing of partners- Dissolution.

UNIT– IIINEGOTIABLE INSTRUMENTS

Concepts – kinds- Essentials- Competent parties – Acceptance – dishonour – holder &Holder in due course – Presentation of Instruments – Cheques – Liability of collecting andpaying bankers – Discharge from liability – Kinds of Bills – evidence.

UNIT-IV

AGENCY – Identification, classification- Difference between agent and servant- essentials-Methods of creation – delegation – Rights and Duties of Agent – Scope of Agent’s authority-Liability towards owner – Obligation of safe keeping – Disposing off of goods.BAILMENT –Identification in day to day life- definition – Creation – Bailment Contracts-kinds of Bailee’s – Right and duties of Bailor and bailee (Individually and mutually) – Finderof goods – Liability toward owner – Obligation of safe keeping – Disposing off of goods.PLEDGE –Definition- bailment and pledge compared – Pledge transactions – statutoryregulations – Right and duties of pawner and pawnee (Individually and mutually) – Pledgein Indian Contract Act.GUARANTEE :Concept – definition- essential- Consideration & criteria – Capacity- Surety’sLiability (duration & termination) letters of credits and bank guarantee- Liabilities, Rights &Duties of Co- Sureties – Discharge.INDEMNITY- Concept – definition- Nature- Creation- Classification – Right, Duty andLiability of Indemnifier- agreement of Indemnity .

RECOMMENDED READINGS :****** Only current editions are to be read.

Page 15: PDM UNIVERSITY, BAHADYRGARH-124507 · Mitakshara and Dayabhaga School, Succession (The Hindu Succession Act, 1956-Sections 1 to 30), Gifts, Wills, Impartible Estates. UNIT –IV Minority

1. R.K. Abhichandani (Ed.) Pollock and Mulla on Contract and Specific Relief, ButterworthIndia

2. Krishnan Nair, Law of Contract, Orient Law House3, J.P. Verma (Ed) Singh &Gupta, The Law of Partnership in India, Orient Law House

A. g. Guest (Ed), Benjamin’s Sale of Goods, Sweet & Maxwell.4. Bhashyam&Adiga, The Negotiable Instruments Act, Bharat Law Publishers .5. M.S. Parthasarathy (Ed), J.S. Khergamwala, Negotiable Instruments Beatson (Ed),

Anson’s Law of Contract, Oxford University Press6. Avtar Singh, Law of Contract, Eastern Book Co.7. T.R. Desai, Law of Contract8. Bangia, R.K. : Sale of Goods Act- 9th Edition, Allahabad Law Agency,2007.9. Bangia, R.K. : Indian Contract Act- 13th Edition, Allahabad Law Agency, 2008.10. AvtarSingh : A Textbook on Law of Contract and Specific Relief- 4th Edition, EasternBook Company, 2006.11 AvtarSingh : Law of Sale of Goods and Hire Purchase- 6th Edition, EasternBookCompany, 2005.

12. Pollock &Mulla : Indian Contract and Specific Relief Acts- 13th Edition, Lexis-Nexis,2006.

13. Mulla, D.F. : Sale of Goods Act- 5th Edition, N.M. Tripathi Pvt. Ltd., 2008.14. Ansoon A.G. : Law of Contract- 26th Edition, Oxford at the Clarendon Press, 1972.15. Desai, T.R. : Indian Contract Act- 16th Edition, S.C. Sarkar & Sons Pvt. Ltd.,1961.

Note: The question paper will have Nine questions in all. First question will be compulsoryand shall carry 20 marks and will be of conceptual nature covering the entire syllabus.There will be eight more questions, two from each unit and shall carry 12 Marks for eachquestion. The candidate will be required to attempt four questions, selecting atleast onequestion from each unit.

Page 16: PDM UNIVERSITY, BAHADYRGARH-124507 · Mitakshara and Dayabhaga School, Succession (The Hindu Succession Act, 1956-Sections 1 to 30), Gifts, Wills, Impartible Estates. UNIT –IV Minority

FACULTY OF LAWDepartment of Law

SYLLABUS FOR L.L.B.3 YEAR REGULATR COURSE (2017-2018)SEMESTER-II

FAMILY LAW – IIPaper-III

Course Description

Course Code: BL-2003 Internal/Project Marks: 30Credits: 4 Theory Paper Marks: 70

Total Marks: 100Duration of Examination: 3 Hrs

OBJECTIVE OF THE COURSE :In India as the students in the previous semester, the lawof family is heavily influenced by religion. In this module the students will be introduced toFamily Law influence by Islam.

UNIT – I:

Introduction – Nature, Origin, Philosophy, Concept and Application of MohammedanLaw,Sources of Mohammedan LawSchools of Mohammedan Law

UNIT – IIMarriage,Dower,TalaqDivorce under the Dissolution of Muslim Marriage Act, 1939Maintenance : under customary law and under the Muslim Women (Protection of Right onDivorce) Act, 1986 and Section 125 to 128 of the Code of criminal Procedure, 1973.

UNIT –IIIAcknowledgement,Guardianship,Gift ,Wills,Pre –emptionSuccession and Inheritance: General Principles, Hanafi and Shia Law

UNIT-IV:The Divorce Act, 1869- Sections 1 to 62The Indian Succession Act, 1925 – Applicability,Intestate Succession (Section 29 to 56),Succession Certificate (Section 370 to 390).

RECOMMENDED READINGS :****** Only current editions are to be read.1. Mulla’s Principles of Mahomedan Law2. Fyzee-Outlines of Muhammadan Law3. Ameer Ali- Muhammanan Law4. Tahir Mahmood- Muslim Law5. Aquil Ahmed – Muhammadan Law6. S.A. Kader- Muslim Law of Marriage and Succession in India7. B.B. Mitra – Inidan Succession Act

Page 17: PDM UNIVERSITY, BAHADYRGARH-124507 · Mitakshara and Dayabhaga School, Succession (The Hindu Succession Act, 1956-Sections 1 to 30), Gifts, Wills, Impartible Estates. UNIT –IV Minority

8. N.D. Basu – Succession Act9. Diwan, Paras : Muslim Law in Modern India- 9th Edition Allahabad Law Agency, 2007.10. Mulla : Principles of Mohammedan Law- 19th edition Lexis-Nexis, 1990.

Note: The question paper will have Nine questions in all. First question will be compulsoryand shall carry 20 marks and will be of conceptual nature covering the entire syllabus.There will be eight more questions, two from each unit and shall carry 12 Marks for eachquestion. The candidate will be required to attempt four questions, selecting atleast onequestion from each unit.

Page 18: PDM UNIVERSITY, BAHADYRGARH-124507 · Mitakshara and Dayabhaga School, Succession (The Hindu Succession Act, 1956-Sections 1 to 30), Gifts, Wills, Impartible Estates. UNIT –IV Minority

FACULTY OF LAWDepartment of Law

SYLLABUS FOR L.L.B.3 YEAR REGULATR COURSE (2017-2018)SEMESTER-II

PUBLIC INTERNATIONAL LAWPaper-IV

Course Description

Course Code: BL-2004 Internal/Project Marks: 30Credits: 4 Theory Paper Marks: 70

Total Marks: 100Duration of Examination: 3 Hrs

OBJECTIVE OF THE COURSE: The students have so far studied the domestic law andhave also been exposed to the fact that neither an individual nor a nation can survive inisolation. The students have learnt of international relations from the point of view of politicalscience. This module will discuss the same from the legal point of view.

UNIT-IDefinitions, nature and basis of International Law;Sources: Treaties, Customs, General Principles,

UNIT-IIUnited Nations General Assembly Resolution,Secondary sources of International Law.

UNIT-III

Relationship of International Law and Municipal Law.Individuals as Subjects of International LawJurisdiction of States-basic principlesRecognitionNationalityAsylum and ExtraditionPeaceful Settlement of Disputes

UNIT-IV

Neutrality Law of the Sea-Continental Shelf,Exclusive Economic Zone,International SeaBed Authority: Its Functions and Powers ;Piracy.

RECOMMENDED READINGS :****** Only current editions are to be read.1. H.O. AGARWAL – HUMAN RIGHTS AND INTERNATIONAL LAW2. S.K. KAPOOR- INTERNATIONAL LAW3. PALOK BASU – LAW RELATING TO PROTECTION OF HUMAN RIGHTS4. M.P. TANDON AND Dr. V.K. ANAND – INTERNATIONAL LAW AND HUMAN RIGHTS5. Dr. S. SUBRAMANIAN – HUMAN RIGHTS: INTERNATIONAL CHALLENGES

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Note: The question paper will have Nine questions in all. First question will be compulsoryand shall carry 20 marks and will be of conceptual nature covering the entire syllabus.There will be eight more questions, two from each unit and shall carry 12 Marks for eachquestion. The candidate will be required to attempt four questions, selecting atleast onequestion from each unit.

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FACULTY OF LAWDepartment of Law

SYLLABUS FOR L.L.B.3 YEAR REGULATR COURSE (2017-2018)SEMESTER-II

LAW OF PROPERTY(Transfer of Property Act & Easement Act)

Paper-VCourse Description

Course Code: BL-2005 Internal/Project Marks: 30Credits: 4 Theory Paper Marks: 70

Total Marks: 100Duration of Examination: 3 Hrs

OBJECTIVE OF THE COURSE: The world of property is a very important part of a nationalas well as individual life. This module offers a glimpse of the world of property.

UNIT – I:Interpretation ClauseTransfer of Property- What may be transferred – Person Competent to TransferConditions restraining alienationTransfer for the benefit of unborn person- Rule against perpetuity- Direction foraccumulation- Vested Interest- Contingent Interest-Fulfillment of Condition precedent &condition subsequent

UNIT-IIDoctrine of ElectionTransfer where third person is entitled to maintenanceTransfer by ostensible owner- By unauthorized person who subsequently acquires interestin property concerned {Feeding the Estoppel by grant}

UNIT-IIIDoctrine of lis-pendensFraudulent TransferDoctrine of part performanceSale of immovable propertyMortgageLease of immovable propertyExchangeGifts

UNIT-IV

Easement – definition- kinds – Imposition, acquisition and transfer of easement – incidentsof easements- disturbance of easement – extinction, suspension and revival of easement –License

RECOMMENDED READINGS : ****** Only current editions are to be read.1. Transfer of Property Act, 18822. The Indian Easement Act, 18823. G.P. Tripathi, Transfer of Property Act4. Mulla, transfer of Property Act5. S.N. Shukla, transfer of Property Act

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6. B.B. Mitra, transfer of Property Act7. R. Dayal, transfer of Property Act8. S.K. Agarwal, Easement Act

Note: The question paper will have Nine questions in all. First question will be compulsoryand shall carry 20 marks and will be of conceptual nature covering the entire syllabus.There will be eight more questions, two from each unit and shall carry 12 Marks for eachquestion. The candidate will be required to attempt four questions, selecting atleast onequestion from each unit.

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FACULTY OF LAWDepartment of Law

SYLLABUS FOR L.L.B.3 YEAR REGULATR COURSE (2017-2018)````` SEMESTER-III

CRIMINAL LAW-I(Indian Penal Code)Paper-1

Course Description

Course Code: BL-3001 Internal/Project Marks: 30Credits: 4 Theory Paper Marks: 70

Total Marks: 100Duration of Examination: 3 Hrs

OBJECTIVES OF THE COURSE: This module intends to familiarize the students to a newarea of law called crimes . Here the students will learn about offences, their elements andthe punishment.

UNIT – IElements of Crime – actusreus, mensreaJoint liability – common intention, common objectGeneral exceptions

a. mistake of factb. misconception of factc. act or order of the courtd. accident or act to prevent other harme. necessityf. doliincapax and qualified immunityg. unsoundness of mindh. voluntary or involuntary intoxicationi. act done in good faithj. consentk. exclusion of acts which are offences independently of harm causedl. communication in good faithm. act under compulsion of threatn. private defence of body and property

UNIT –II

Abetment – instigation, conspiracy and international aidCriminal conspiracyOffences against public tranquility –unlawful assembly riot and affrayOffences against body-1. Lawful homicide, culpable homicide, murder, rash or negligent act, Hurt, grievous hurt,2. Wrongful restraint, wrongful confinement, criminal force, criminal assault, criminalintimidation, kidnapping, abduction3. Rape4. Unnatural sexual offences

UNIT-III:Offences against property –i. Theft, extortion, robbery, dacoity,

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ii. Criminal misappropriation, criminal breach of trust, cheating, mischief, criminal trespass,Dishonest receiving of stolen property.

Offences against stateOffences against marriage – bigamy, adultery, cruelty, dowry deathFalse evidence and offences against public justiceOffences relating to documentsOffences relating to religion

UNIT-IV

Attempt to commit offence- simple imprisonment, life imprisonment, capital punishment, rarest of rare cases.

RECOMMENDED READINGS :****** Only current editions are to be read.1. Indian Penal Code: R.K. Bangia2. Criminal Law: Cases and Materials : K.D. Gour,3. The Text Book on Criminal Law: Glanville Williams4. K.D. Gaur : Textbook on The Indian Penal Code-4th Edition., Universal Law PublishingCo. Pvt. Ltd., 20095. Rattan LalDhirajLal : : Indian Penal Code-30th Edition, Lexis-Nexis Butterworths,Wadhwa, 20086. Jaspal Singh: Indian Penal Code-All India Reporter, 19987. Pillai, K.N. Chandersekharan : Essays on the Indian Penal Code.8. Pillai, K.N.C. : General Principles of Criminal Law- Ist Edition. , Eastern Book Company,2007

Note: The question paper will have Nine questions in all. First question will be compulsoryand shall carry 20 marks and will be of conceptual nature covering the entire syllabus.There will be eight more questions, two from each unit and shall carry 12 Marks for eachquestion. The candidate will be required to attempt four questions, selecting atleast onequestion from each unit.

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FACULTY OF LAWDepartment of Law

SYLLABUS FOR L.L.B.3 YEAR REGULATR COURSE (2017-2018)SEMESTER-II

LABOUR & INDUSTRIAL LAW- IPaper-II

Course Description

Course Code: BL-3002 Internal/Project Marks: 30Credits: 4 Theory Paper Marks: 70

Total Marks: 100Duration of Examination: 3 Hrs

OBJECTIVE OF THE COURSE: Economy of a country is dependant on its industry andagriculture. One of the most important factors of both agricultural and industrialproduction is labour. In this module the students will be introduced to these factors.

UNIT – IIndustrial Disputes Act, 1947

Object and Reason; Definitions; Authority under the Act; Strike; Lock- out ; Public utilityservice; Lay off; Retrenchment and Closure in certain Establishments; Unfair LabourPractice.

UNIT– IIWorkmen’s Compensation Act, 1923

Object and reason- definitions; Employer’s liability for compensation; Determination ofquantum of compensation; Distribution of Compensation; Indemnity and Benefits ofemployers.

UNIT – IIIFactories Act, 1948

Object and Reason; definition; Health-Safety and Welfare measurer; Employment ofyoung person’s; Working hours of adult.

UNIT – IVMaternity Benefit Act, 1961

Object and Reason; Definitions ; Right to payment of Maternity Benefit ; Payment ofMaternity Benefit in certain cases ; Maximum period of entitlement ; Prohibition ofpregnant employment; Benefit in certain cases ; Payment in case of death ; Leave –miscarriage ; Dismissal during absence due to pregnancy ; Inspector – Penalties .RECOMMENDED READINGS :****** Only current editions are to be read1. S.N. Mishra – Labour and Industrial Laws2. Indian Law Institute – Labour Law and Labour Relations3. O.P. Mishra- the Law of Industrial Disputes4. V.V. Giri – Labour Problems in Indian Industry5. S.C. Srivastava – Social Security and Labour Laws6. S.K. Puri – Labour and Industrial Law7. R. Dayal – Labour and Industrial Law8. K.D. Srivastava – The Industrial Disputes Act.

Note: The question paper will have Nine questions in all. First question will be compulsoryand shall carry 20 marks and will be of conceptual nature covering the entire syllabus.There will be eight more questions, two from each unit and shall carry 12 Marks for eachquestion. The candidate will be required to attempt four questions, selecting atleast onequestion from each unit.

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FACULTY OF LAWDepartment of Law

SYLLABUS FOR L.L.B. 3 YEAR REGULATR COURSE (2017-2018)SEMESTER IVENVIRONMENTAL LAWPaper-IIICourse Description

Course Code: BL-3003 Internal/Project Marks: 30Credits: 4 Theory Paper Marks: 70

Total Marks: 100Duration of Examination: 3 Hrs

OBJECTIVE OF THE COURSE: The Environment in which we live is in danger. In thismodule the students will learn the laws which are enacted to protect and preserve theenvironment.

UNIT – I

Concept of environment and its importantPollution and Health HazardNational Policy of EnvironmentCommon Law PerspectiveConstitutional Law Perspective

UNIT –II

Sustainable Development- Precautionary Principle – Polluter Pay Principle – PublicTrust DotrinePrinciple of liability and Public Liability Insurance

UNIT– IIIThe Environment (Protection) Act, 1986

PreambleDefinitionGeneral Powers of Central GovernmentPrevention, Control and Abatement of Environment PollutionPrevention and Control of Air PollutionPrevention and Control of Water Pollution

UNIT-IV

Wild life protectionForest conservation

RECOMMENDED READINGS :1. ****** Only current editions are to be read.2. The Air (Prevention and Control of Pollution) Act, 19813. The Water (Prevention and Control of Pollution) Act 19744. The Wild Life (Protection) Act 19725. The Forest ( Conservation) Act 19806. Tiwari. A.K.- Environmental Laws in India

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7. Leelakrishnan. P- Environmental Law in India8. Khan. Dr. I.A.- Environmental Law9. Divan Shyam&Rosencranz Armin- Environmental Law and Policy in India10. Shastri. S.C.- Environmental Law11. Tiwari. Dr. H.N- Environmental Law12. Jaswal P.S- Environmental Law

Note: The question paper will have Nine questions in all. First question will be compulsoryand shall carry 20 marks and will be of conceptual nature covering the entire syllabus.There will be eight more questions, two from each unit and shall carry 12 Marks for eachquestion. The candidate will be required to attempt four questions, selecting atleast onequestion from each unit.

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FACULTY OF LAWDepartment of Law

SYLLABUS FOR L.L.B.3 YEAR REGULATR COURSE (2017-2018)SEMESTER-III

ADMINISTRATIVE LAWPaper-IV

Course Description

Course Code: BL-3004 Internal/Project Marks: 30Credits: 4 Theory Paper Marks: 70

Total Marks: 100Duration of Examination: 3 Hrs

OBJECTIVE OF THE COURSE: This module will expose the students to administrative lawand the rules that ensure a fair deal when a person is working. It has a close relationshipwith constitution help that students understand the importance of fairness.

UNIT – I:Definition, Nature, Scope and development of Administrative LawSources of Administrative Law, Relationship between Constitutional Law and AdministrativeLawRule of LawSeparation of Powers

UNIT –IIClassifications of Administrative Actioni). Rule making action or quasi legislative actionii). Rule – decision action or quasi- judicial actioniii). Rule application action or administrative actioniv) Ministerial actionNatural Justice – Rule against bias, Audi AlteramPartem, Post decision hearing – Exceptionto the Rule of Natural Justice – reasoned decision

UNIT – IIIDelegated LegislationControl mechanism of Delegated legislationa). Parliamentary Controlb). Procedure Controlc). Judicial ControlJudicial Review of Administrative Actiona). Principlesb) Modes1. Mandamus2. Certiorari3. Habeas Corpus4. Quo- warranto5. Prohibitionc). Declaratory decree and Injunction

UNIT – IV

Suit against the Government in Torts and Contract, Liability of the AdministrationPublic Corporation

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Statutory Public Corporation- characteristic, Classification and their controlOmbudsman: Lokpal, Lokayukta and Vigilance CommissionPublic Interest Litigation

RECOMMENDED READINGS:****** Only current editions are to be read.1. Jain and Jain - Principles of Administrative Law2. Massey I.P.- Administrative Law Eastern Book Company, 7th Edition,Eastern Book Company, (2008).3. Kessari U.P.D.- Administrative Law4. H.W.R. Wade - Administrative Law5. Sathe SP- Administrative Law6. Upadhyay J.J.R- Administrative Law7. Basu D.D- Administrative Law8.. M.P. Jain: Administrative Law, 6th Edition, Wadhwa, (2007).9.. C.K. Takkar, Lectures on Administrative Law, 3rd Edition, EasternBook Company, 1998(Takwani).

Note: The question paper will have Nine questions in all. First question will be compulsoryand shall carry 20 marks and will be of conceptual nature covering the entire syllabus.There will be eight more questions, two from each unit and shall carry 12 Marks for eachquestion. The candidate will be required to attempt four questions, selecting atleast onequestion from each unit.

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FACULTY OF LAWDepartment of Law

SYLLABUS FOR L.L.B.3 YEAR REGULATR COURSE (2017-2018)SEMESTER-III

CLINICAL COURSE - I(Professional Ethics and Professional Accounting System)

Paper-VCourse Description

Course Code: BL-3005 Written submissions: Marks: 90Credits: 4 Viva Voca Marks: 10

Total Marks: 100Duration of Examination: 3 Hrs

OBJECTIVE OF THE COURSE: The lawyers, like other professionals have a code ofconduct and basic knowledge of professional accounting. This module deals with them.

UNIT – I: Krishnamurtylyer’s book on ‘ADVOCACY’UNIT – II: The Contempt Law and PracticeUNIT – III: The Bar Council Code of EthicsUNIT – IV: 50 selected opinions of the Disciplinary Committees of Bar Councils.UNIT – V: 10 major judgments of the Supreme Court on above subjects.

Written submissions : Marks – 90Viva voce : Marks – 10

NOTE: Students will have to put in four weeks of internship compulsorily in Semesters VI,VII, VIII, IX, X , and obtain a certificate of internship without which the Bar Council may notenroll them. The students must maintain diary. They will be evaluated in the X Semesteralong with Moot Court Exercise and Internship Practical Paper. The internship shouldbe in the following Institutions or Organizations:1. NGO2. Trial and Appellate Advocates { compulsory}3. Judiciary4. Legal Regulatory Authorities5. Legislatures and Parliament6. Market Institutions7. Law Firms8. Companies9. Local Self –Government10. Other Legal Functionaries11. Any other body approved by the College.Note: The question paper will have Nine questions in all. First question will be compulsoryand shall carry 20 marks and will be of conceptual nature covering the entire syllabus.There will be eight more questions, two from each unit and shall carry 12 Marks for eachquestion. The candidate will be required to attempt four questions, selecting atleast onequestion from each unit.

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FACULTY OF LAWDepartment of Law

SYLLABUS FOR L.L.B.3 YEAR REGULATR COURSE (2017-2018)SEMESTER IVCRIMINAL LAW – II(Criminal Procedure Code)

Paper-ICourse Description

Course Code: BL-4001 Internal/Project Marks: 30Credits: 4 Theory Paper Marks: 70

Total Marks: 100Duration of Examination: 3 Hrs

OBJECTIVE OF THE COURSE:The world of offences is now familiar to the students.However to punish for the offence committed, there is a process which will be taught in thismodule.

UNIT – I

Object Purpose and History of the Criminal Procedure CodeDefinitions – Section 2Constitution and Powers of Criminal and Executive Courts – Section 6 to 35Arrest of Persons- Section 41 to 60Process to Compel Appearance and Production of Things and Reciprocal ArrangementsSections 61 to 105L

UNIT– IIPreventive and Precautionary Measures of Security Proceedings- Section 106 to 124,Section 129 to 153.Maintenance of Wives, Children and Parents – Section 125 to 128Information to the Police and their Powers to Investiate – Section 154 to 176Jurisdiction of the Criminal Courts in Inquiries and Trials-Section 177 to 189.Cognizance of Offences and Commencement of Judicial Proceedings – Sections 190 to210

UNIT – III

Charge – Section 211 to 224Trial before various Courtsa. Court of Sessions-Section 225 to 237b. Warrant Cases by Magistrates-Sections 238 to 250c. Summons cases by Magistrates- Section 251 to 259d. Summary Trial-Section 260 to 265Mode of Taking Evidence and General Provisions as to Inquiries and Trials- Section 266 to352Judgement – Sections 353 to 365Appeals-Sections 372 to 394

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UNIT-IV

Reference and Revision-Section 395 to 405Provisions as to Bills and Bonds – Section 436 to 450Irregular Proceedings-Section 460 to 466Limitation for taking cognizance –Sections 467 to 473Probation of Offenders Act, 1958- Sections 1 to 19.Juvenile Justice (Care and Protection of children) Act, 2000 – Sections 1 to 70RECOMMENDED READINGS :****** Only current editions are to be read.13. R.V.Kelkar’s Criminal Procedure14. Ratanlal and Dhirajlal-Criminal Procedure15. Mishra-Code of Criminal Procedure16. B.B.Mitra-Code of Criminal Procedure17. Sarkar’s Code of Criminal Procedure

Note: The question paper will have Nine questions in all. First question will be compulsoryand shall carry 20 marks and will be of conceptual nature covering the entire syllabus.There will be eight more questions, two from each unit and shall carry 12 Marks for eachquestion. The candidate will be required to attempt four questions, selecting atleast onequestion from each unit.

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FACULTY OF LAWDepartment of Law

SYLLABUS FOR L.L.B.3 YEAR REGULATR COURSE (2017-2018)SEMESTER-IVLABOUR AND INDUSTRIAL LAW –II

Paper-IICourse Description

Course Code: BL-4002 Internal/Project Marks: 30Credits: 4 Theory Paper Marks: 70

Total Marks: 100Duration of Examination: 3 Hrs

OBJECTIVE OF THE COURSE :The students are already familiar with labour and the lawthat relate to them. This is another aspect of the same law.

UNIT – IThe Indian Trade Unions Act, 1926Object and Reason; Definitions; Registration of Trade Union; Right and Liabilities ofRegistered Trade Unions; Recognition of Trade Unions; Penalties

UNIT – II

The Employees State Insurance Act, 1948Object and Reason; Definition ; Corporation Standing Committee and Medical benefitCouncil; Contribution, benefits; Adjudication of disputes and claims; Penalties

UNIT – III

Minimum Wages Act, 1948Object and Reason; Definitions; Fixation of Minimum rate of wages’ Working weeks anddetermination of Wages and claims etc; Penalties

UNIT–IV

Object and Reason; Definitions; Employees’ Provident Fund Scheme and Authorities;PenaltiesChild Labour (Prohibition and Regulation) Act, 1986Object and Reason; Definitions; Prohibition of employment of children in certainOccupations and Processes; regulation of Conditions of Work of Children; Penalties&Procedures .

RECOMMENDED READINGS :****** Only current editions are to be read.1. K.D. Srivastava – The Industrial Disputes Act.2. S.N. Mishra – Labour and Industrial Laws3. Indian Law Institute – Labour Law and Labour Relations4. O.P. Mishra – The Law of Industrial Disputes5. V.V. Giri- Labour Problems in Indian Industry6. S.C. Srivastava- Social Security and Labour Laws7. S.K. Puri- Labour and Industrial Law8. R. Dayal- Labour and Industrial Law

Note: The question paper will have Nine questions in all. First question will be compulsory

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and shall carry 20 marks and will be of conceptual nature covering the entire syllabus.There will be eight more questions, two from each unit and shall carry 12 Marks for eachquestion. The candidate will be required to attempt four questions, selecting atleast onequestion from each unit.

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FACULTY OF LAWDepartment of Law

SYLLABUS FOR L.L.B.3 YEAR REGULATR COURSE (2017-2018)SEMESTER IVIntellectual Property Law

Paper-IIICourse Description

Course Code: BL-4003 Internal/Project Marks: 30Credits: 4 Theory Paper Marks: 70

Total Marks: 100Duration of Examination: 3 Hrs

OBJECTIVE OF THE COURSE: Creativity is a natural virtue of human being that must beprotected and preserved and for which the credit should always go to the creator. The realmof intellectual property ensures that this happens.

UNIT-I

GENERAL PRINCIPLES一. Introduction – Nature, Character and Classification of Intellectual Properties.一. Leading international instruments introducing principles concerning the intellectual

property rights- The Paris Union, The Berne Convention, Universal copyrightConvention, The Madrid Agreement on the Registration of Markd, GATT, The UPOVConventions, TRIPS, TRIMS, WTO,WIPO, UNESCO

UNIT-II

PATENTConcept of Patent – Process for obtaining Patent- Rights and obligations of aPatentee – Transfer of Patent Rights- Power, Functions and Jurisdiction of theController of Patent – Infringement of Patent Rights and Remedies.

TRADE MARKConcept of Trade Mark; Registration of Marks; Doctrine of Honest and Concurrentusers; Doctrine of Deceptive Similarity; Powers, Functions and Jurisdiction of theRegistrar of Trade Mark; Infringement and Remedies.

UNIT-III

COPY RIGHT AND RELATED RIGHTSConcept of Copyright; Ownership of Copyrights; Assignment of Copyrights; Powers andFunctions of the Registrar of Copyrights; Copyright Board; Infringement and Remedies.

UNIT-IV

THE INFORMATION TECHNOLOGY ACT, 2000Definitions. Digital Signature: Object and Definite Clause of Access affixing digital signature.Legal recognition: Use of electronic records; Retention and Publication; Attribution;Acknowledgement and Despatch. Controller: Appointment; Powers and Functions; Penalty

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and Adjudication. Cyber Appellate Tribual: Composition, Powers, procedures andjurisdiction of offences. Cyber Regulations Advisory Committee.

RECOMMENDED READINGS :****** Only current editions are to be read.1. William Cornish, Intellectual Property, Eastern Book Company.2. Scott Beattie & Elizabeth Beal, Intellectual Property & Media Law, Oxford University

Press.3. Hector Macqueen Charlotte WeAlden, & Graeme Laurie, Text Book on Intellectual

Property, Oxford University Press.

Note: The question paper will have Nine questions in all. First question will be compulsoryand shall carry 20 marks and will be of conceptual nature covering the entire syllabus.There will be eight more questions, two from each unit and shall carry 12 Marks for eachquestion. The candidate will be required to attempt four questions, selecting atleast onequestion from each unit.

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FACULTY OF LAWDepartment of Law

SYLLABUS FOR L.L.B.3 YEAR REGULATR COURSE (2017-2018)SEMESTER-IVLAW RELATING TO AGRICULTUREPAPER NO: IVCourse Description

Course Code: BL-4004 Internal/Project Marks: 30Credits: 4 Theory Paper Marks: 70

Total Marks: 100Duration of Examination: 3 Hrs

UNIT-I

Agricultural Reforms: Aspects and Critical AppraisalRight to Property under Indian Constitution, Tenure and Tenancy System, Land Ceiling andLand Consolidation, Evolution of Green Revolution

Agricultural LabourKinds of Agricultural Laborers, Causes of the Poor Condition of FarmLabour and Improvements, Provisions of Indian Constitution with Special Reference toArticles 23,42 and 43, Minimum Wages Act 1948, The Contract Labour (Regulation andAbolition) Act 1970, Bonded Labour System (Abolition Act) 1976

UNIT-II

Agricultural Co-operative Societies and CreditEvolution of Co-operative Society: Definitions, Significance and Principles of Cooperation,Types and Functions of Co-operative Societies in Agriculture and the Multi StateCooperative Societies Act 2002, Agricultural Credit: Institutional and Non-InstitutionalSources, Purpose and Functions and Role of National Bank for Agriculture and RuralDevelopment (NABARD) and Kisan Credit Cards (KCCs)

Agricultural Inputs and Information TechnologyThe Seed Act, 1966, Fertilizer (Control) order, 1957/1985, The Insecticide Act 1968, TheGroundwater Model Bill, Need for IT –based Services to Farmers, IFFCO-ISROCooperation, Cyber Dhabas, E-ChoupalKisan Call Centres (KCC), National e-GovernancePlan in Agriculture (NeGO-A)

UNIT-III

Agricultural MarketingMeaning, Present System of Marketing and its Defects, Organized and RegulatedMarketing, Market Organizations, Co-operative Marketing, Corporative and ContractFarming, The Model Act-The State Agricultural Produce Marketing (Development andRegulation) Act 2003, Agricultural Produce (Grading and Marking) Act 1937

The Protection of Plant Varieties and Farmers’ Rights Act, 2001Objectives of the Act, Definitions, Protection of Plant Varieties and Farmers’ RightsAuthority and Registry, Registration of Variety and its Duration, Effect and Benefit Sharingand National Gene Fund, Rights of Researchers, Breeders and Farmers under the Act,Compulsory License, Plant Varieties Protection Appellate Tribunals.

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UNIT-IVAgricultural InsuranceHistory and its evolution: Need for Agricultural Insurance in India, Issues and Problems ofImplementations of Insurance Schemes, Major Insurance Schemes: Crop Insurance,National Agricultural Insurance Scheme (NAIS), Weather Based crop Insurance/RainfallInsurance, Farm Income Insurance.

Food and Nutritional SecurityConcept of Food Security, Constitutional Provisions Articles 21 39A and 47, Food Self-Sufficiency, Mid-day Meal Programme, National Food Security Mission (NFSM) 2007,Forests and Food Security, Critical Appraisal and National Food Security Bill, 2011

Suggested Readings:Dr. C.S. Prasad: Agriculture and Sustainable Development in India, NewCentury Publications, New Delhi, India 2012A.K. Thaur and M.K. Sinha (ed.): Structural Reforms and Agriculture, Deep and DeepPublications Pvt. Ltd. 2011RaisAhamd: Co-operative and Rural Development in India, New Century Publications, NewDelhi, India 2013Law of Seeds (Acts, Rules, Orders, Policy, Notifications, Varieties, Export and Import ofSeeds etc), 16th ED., Asia New House, 2012S.S China: Agricultural Labour-Problems and Policy Implications, Regal Publications, NewDelhiSudipChakraborty : Food Security and Child Labour, Deep and Deep Publications PVTLTD. 2011Asian Development Bank : Agriculture, Food Security and Rural Development, OxfordUniversity Press, 2010D.Narasimha Reddy and Srijit Mishra (ed) : Agrarian Crisis in India, Oxford UniversityPress, 2010Dr. B.K Mohanty: Agricultural Finance and Rural Development, Regal Publications, NewDelhi, 2010R.Datt and K.P.M Sundharm : Indian Economics, S.Chand, New Delhi, 2009Myneni : Indian Economics (For Law Course), Allahabad Law Agency, 2006B.B Mukharji : Agricultural Marketing in India, Thacker, Spink 1930Ujjawal Kumar and SumanSahai : Status of the Rights of the farmers and Plant Breeders inAsia, Gene Campaign, 2003M.J Bhende: Agricultural Insurance in India : Problems and Prospects,National Bank for Agriculture and Rural Development, 2005R.D Sharma : Agricultural Finance in India, Bharat Book Depot, 1981G.S Bhalla and GurmailSingh : Indian Agriculture : Four Decades of Development, SagePublications, New Delhi, 2001Robert Paarlberg : Food Politics : What Everyone Needs to know, Oxford University Press,2010Jocachim von Braun and Eugenio Diaz-Bonilla (ed) : Globalization of Food and Agricultureand the Poor, Oxford University Press, 2008

Note: The question paper will have Nine questions in all. First question will be compulsoryand shall carry 20 marks and will be of conceptual nature covering the entire syllabus.There will be eight more questions, two from each unit and shall carry 12 Marks for eachquestion. The candidate will be required to attempt four questions, selecting atleast onequestion from each unit.

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FACULTY OF LAWDepartment of Law

SYLLABUS FOR L.L.B.3 YEAR REGULAR COURSE (2017-2018)SEMESTER-IVCLINICAL COURSE – II

[Drafting, Pleading and Conveyance]PAPER-5

COURSE CODSE: 4005Written Submissions Marks: 90

Viva Voca Marks: 10

OBJECTIVE OF THE COURSE :Draftsman ship is one compulsory skill for every lawyer.This module is intended to teach drafting to the students.

UNIT – IDRAFTING :-General principles of drafting and relevant substantive rules

UNIT– IIPLEADINGS : Marks- 45Civil:-Plaint, Written Statements, Affidavit, Execution Petition,Interlocutory application, Original Petition, Memorandum of Appeal and Revision, Petitionunder Articles 32 & 226 of the Constitution of India, PIL Petition.

Criminal: Complaint, Criminal Miscellaneous Petition, Bail Application, Memorandum ofAppeal and revision

Practical exercises – 15 3 X 15UNIT – III

CONVEYANCE: Marks – 45Sale Deed , Mortgage Deed, Lease Deed, Gift Deed, Promissory Note, Power of Attorney,Will, Trust Deed,Practical exercises – 15 3x15

UNIT – IVVIVA VOCE Marks – 10

NOTE: Students will have to put in four weeks of internship compulsorily in Semesters VI,VII, VIII, IX, X , and obtain a certificate of internship without which the Bar Council may notenroll them. The students must maintain diary. They will be evaluated in the X Semesteralong with Moot Court Exercise and Internship Practical Paper. The internship shouldbe in the following Institutions or Organizations:1. NGO2. Trial and Appellate Advocates { compulsory}3. Judiciary4. Legal Regulatory Authorities5. Legislatures and Parliament6. Market Institutions7. Law Firms8. Companies9. Local Self –Government10. Other Legal Functionaries11. Any other body approved by the college.

Note: The question paper will have Nine questions in all. First question will be compulsoryand shall carry 20 marks and will be of conceptual nature covering the entire syllabus.

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There will be eight more questions, two from each unit and shall carry 12 Marks for eachquestion. The candidate will be required to attempt four questions, selecting atleast onequestion from each unit.

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FACULTY OF LAWDepartment of Law

SYLLABUS FOR L.L.B.3 YEAR REGULAR COURSE (2017-2018)LAW OF CIVIL PROCEDURE AND LIMITATION

SEMESTER-VPAPER NO: ICourse Description

Course CodeBL-5001 Internal/Project Marks: 30Credits: 4 Theory Paper Marks: 70

Total Marks: 100Duration of Examination: 3 Hrs

OBJECTIVE OF THE COURSE :All substantive law find expression in procedure. Thismodule teaches the procedure for trial in civil cases.

UNIT-I

Code of Civil procedure, 1908DefinitionsJurisdiction of Civil CourtsRes Sub Judice and Res JudicataForeign JudgmentPlace of Suing

UNIT-II

Institution of Suits, parties to Suits, Suits in Particular Cases (By or against governments orPublic Officers; Substantial questions of Law; By or against Corporations; By or againstFirms; By or against Trustees, Executors and administrators ; By or against Monirs andLunatics ; Matters concerning family; By Indigent Persons; Mortgages; Interpleader Suits)Issue and Service of SummonsPleadingsPlaint and Written StatementSet- off and Counter – ClaimDiscover and InspectionProduction, Impounding and Return of Documents

UNIT-III

Interim Orders: Commissions, Arrest before judgment, Attachment before judgment,Temporary Injunctions, Interlocutory Orders, Receivers, Costs and Security for Costs.Withdrawal and Compromise of SuitsDeath, Marriage and Insolvency of PartiesFraming and Settlement of IssuesAppearance and Non-appearance of Parties, Summoning and Attendance of Witnesses,Hearing of the Suit and Examination of Witnesses

UNIT-IV

Judgment and Decree

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Execution of Decrees and OrdersAppeals, Reference, Review and RevisionRestitution, caveat and Inherent Powers of CourtsThe Limitation Act, 1963 – Sections 1 to 27

RECOMMENDED READINGS :****** Only current editions are to be read.1. C.K. Thakker (Takwani) Civil Procedure2. Mulla-Civil procedure Code3. Sarkar- Code of civil Procedure Code (2 Volumes)4. Ganguly – Civil Court Practice and Procedure5. Nandia- Code of civil Procedure Code6. A.N. Saha – Code of Civil Procedure Code7. P.K. Majumder – Code of Civil Procedure Code8. B.B. Mitra- Limitation Act

Note: The question paper will have Nine questions in all. First question will be compulsoryand shall carry 20 marks and will be of conceptual nature covering the entire syllabus.There will be eight more questions, two from each unit and shall carry 12 Marks for eachquestion. The candidate will be required to attempt four questions, selecting atleast onequestion from each unit.

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FACULTY OF LAWDepartment of Law

SYLLABUS FOR L.L.B. 3YEAR REGULAR COURSE (2017-2018)SEMESTER-V

COMPANY LAWPaper-II

Course Description

Course Code: BL-5002 Internal/Project Marks: 30Credits: 4 Theory Paper Marks: 70

Total Marks: 100Duration of Examination: 3 Hrs

OBJECTIVE OF THE COURSE :Company is legal person who is as important for a nationas an individual is. This module talks about formation and managing a company.

UNIT– IFORMATION OF COMPANIES

A. PromotingB. Memorandum of AssociationC. Articles of AssociationD. Registration

Kinds of companies and the process of their transformation from one kind to anotherAdvantages and disadvantages of incorporation

UNIT-IIProspectusShares and ralated mattersDebentures and related matters

UNIT-III

Company and its organs:- their power, function, duty and interrelationshipFoss v. Harbottle rule and its exceptionsMerger and de-merger

UNIT-IV

Winding up (by court and voluntary)Company law board and national company law tribunalBrief over view of sebi guidelines

RECOMMENDED READINGS :****** All books are to be read in current edition.1. Singh. Avtar- Company Law2. Ramaiya. A – Guide to the Companies Act3. Davis. Paul.L-Gower’s Principles of Modern Company Law4. Jain.N.K- Company Law5. Wright.R.A.K Palmer’s Company Precedents6. Bhandari. M.C- Guide to Company Law Procedures7. Hitt.Michel.A- Merger and Acquisition

Note: The question paper will have Nine questions in all. First question will be compulsory

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and shall carry 20 marks and will be of conceptual nature covering the entire syllabus.There will be eight more questions, two from each unit and shall carry 12 Marks for eachquestion. The candidate will be required to attempt four questions, selecting atleast onequestion from each unit.

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FACULTY OF LAWDepartment of Law

SYLLABUS FOR L.L.B. 3YEAR REGULAR COURSE (2017-2018)SEMESTER-VLAW OF EVIDENCEPAPER-IIICourse Description

Course Code: BL-5003 Internal/Project Marks: 30Credits: 4 Theory Paper Marks: 70

Total Marks: 100Duration of Examination: 3 Hrs

OBJECTIVE OF THE COURSE: The students are by now familiar with the procedures buttrail is incomplete unless proper evidence is adduced and appreciated. This module willintroduce the students to the world of evidence.

UNIT– INature, Functions, Object and History of the Law of Evidence, Salient features, Applicationand Non-application of the Indian Evidence Act, 1872.Definitions – Section 3 and 4.

UNIT– IIRelevancy of Facts (Sections 5 to 55):a. Evidence of facts in Issue and Relevant fact- Section 5b. Doctrine of Res gestae- Section 6c. Occasion, Cause or Effects of facts in issue- Section 7d. Motive, Preparation and Conduct- Section 8e. Introductory or Explanatory Facts- Section 9f. Conspiracy Section 10g. Inconsistent Facts- Section 11h. Damages –Section 12i. Right or Custom – Section 13j. State of Mind, Body or Bodily Feeling –Section 14k. Accidental or International Acts- Section 15l. Existence of Course of Business –Section 16m. Admission and Confession-Section 17-31n. Statements by person who cannot be called as witnesses-Section 32o. Statement made under Special Circumstances –Section 33-38p. Extent of providing a Statement –Section 39q. Relevancy of Judgemernts-Section 40-44r. Opinion of third persons-Section 45-51s. Relevancy of Judgments-Section 52-55

UNIT– IIIOn proof (Section 56-100)a. facts which need not be proved –Sections 56-58b. oral evidence –Section 59-60c. Documentary Evidence –Section 61-73d. Public and Private Documents-Section 74-78

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e. Presumptions as to Documents –Section 79-90A.f. Exclusion of Oral by Documentary Evidence –Sections 91 to 100.

UNIT– IVProduction and effect of Evidence (Section 101 to 167)a. Burden of Proof –Sections 101 to 114-Ab. Estoppel-Section 115 – 117c. Witnesses –Sections 118 to 134d. Examination of witnesses –Section 135 – 166e. Improper Admission and Rejection of Evidence –Section 167.

RECOMMENDED READINGS :****** All books are to be read in current edition.1. Batuklal-The Law of Evidence2. Avtar Singh –Principles of the Law of Evidence3. M. Monir-Text book on the Law of Evidence4. Vepa P. Sarathi –Law of Evidence5. Ratanlal and Dhirajlal –Law of Evidence6. Sarkar’s LAW OF Evidence ( 2 Volumes )7. Field –Law of Evidence (5 volumes)8. N.D. Basu –Law of Evidence9. Woodroff and Ammer Ali- Law of Evidence

Note: The question paper will have Nine questions in all. First question will be compulsoryand shall carry 20 marks and will be of conceptual nature covering the entire syllabus.There will be eight more questions, two from each unit and shall carry 12 Marks for eachquestion. The candidate will be required to attempt four questions, selecting atleast onequestion from each unit.

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FACULTY OF LAWDepartment of Law

SYLLABUS FOR L.L.B. 3YEAR REGULAR COURSE (2017-2018)SEMESTER-VINSURANCE LAWPAPER-IVCourse Description

Course Code: BL-5004 Internal/Project Marks: 30Credits: 4 Theory Paper Marks: 70

Total Marks: 100Duration of Examination: 3 Hrs

OBJECTIVE OF THE COURSE: There are risks at every walk of life. Sometimes it isdifficult to pay up and more difficult to receive payment. Insurance is a good method ofovercome the difficulties relating to risk. This law introduces the students to the intricacies ofInsurance.

UNIT– IIntroduction [ History, Nature]- definition- Concept of Insurance compared with contract andTort- Insurance in globalised economy.

UNIT-IIGeneral principles of Law of Insurance – nature, scope and classification of Insurancecontracts-Insurable interest- the risk – policy [ form, content, commencement, duration,alternation, cancellation, rectification, renewal, assignment, construction]- conditions ofpolicy.UNIT– IIILife Insurance [nature, scope, definition, classification], formation of life insurance contract-event insured against life insurance contract – Circumstances affecting the risk- amountrecoverable under life policy- persons entitled to payment- settlement of claim.

UNIT-IVThe Insurance Act, 1938, [Section 1-64], IRDA Act, 1999The General Insurance Business [Nationalisation] Act, 1972. [Section 1-15]The General Insurance Business [Nationalisation] Act, 1972. [Section 1-15]

RECOMMENDED READINGS :****** Only current editions are to be read.1. Singh, Bride Anand, New Insurance Law, Union Book Publishers, Allahabad.2. Ivamy, Case Book on Insurance law, Butterworths3. Ivamy, General Principles of Insurance laws, Butterworths.4. John Birds, Modern Insurance Law, Sweet &Maxwell5. M.N. Srinivasan, Principles of Insurance Law, RamaniyaPublishers

Note: The question paper will have Nine questions in all. First question will be compulsoryand shall carry 20 marks and will be of conceptual nature covering the entire syllabus.There will be eight more questions, two from each unit and shall carry 12 Marks for eachquestion. The candidate will be required to attempt four questions, selecting atleast onequestion from each unit.

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FACULTY OF LAWDepartment of Law

SYLLABUS FOR L.L.B. 3YEAR REGULAR COURSE (2017-2018)SEMESTER-VCLINICAL COURSE-III[Alternative Dispute Resolution]Course Description

Course Code: BL-5005 Written Submissions Marks: 90Credits: 4 Viva Voca Marks: 10

Total Marks: 100Duration of Examination: 3 Hrs

OBJECTIVE OF THE COURSE: The formal dispute resolution system is too overburdened. Further the formal system is not very accessible to the prior man. So analternative dispute resolution system has been evolved. The students will have exposed tothis process in this module.

UNIT – I: Negotiation Skills to be learnt through simulated Programme and case studiesUNIT – II: Concilliation Skills to be learnt through simulated Programmme and case studiesUNIT– III: Arbitration Lawn and Practice including International Arbitration and ArbitrationRules

NOTE: Students will have to put in four weeks of internship compulsorily in Semesters VI,VII, VIII, IX, X , and obtain a certificate of internship without which the Bar Council may notenroll them. The students must maintain diary. They will be evaluated in the X Semesteralong with Moot Court Exercise and Internship Practical Paper. The internship shouldbe in the following Institutions or Organizations:1. NGO2. Trial and Appellate Advocates { compulsory}3. Judiciary4. Legal Regulatory Authorities5. Legislatures and Parliament6. Market Institutions7. Law Firms8. Companies9. Local Self –Government10. Other Legal Functionaries11. Any other body approved by the college.Note: The question paper will have Nine questions in all. First question will be compulsoryand shall carry 20 marks and will be of conceptual nature covering the entire syllabus.There will be eight more questions, two from each unit and shall carry 12 Marks for eachquestion. The candidate will be required to attempt four questions, selecting atleast onequestion from each unit.

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FACULTY OF LAWDepartment of Law

SYLLABUS FOR L.L.B. 3YEAR REGULAR COURSE (2017-2018)SEMESTER-VIPRINCIPLES OF TAXATION LAWPAPER-ICourse Description

Course Code:BL-6001 Internal/Project Marks: 30Credits: 4 Theory Paper Marks: 70

Total Marks: 100Duration of Examination: 3 Hrs

OBJECTIVE OF THE COURSE: Taxation is a very important aspect of law and one of thelargest contribution to a nation’s economy. This module teaches about the law whichregulates and controls imposition, avoidance and evasion of tax.

UNIT – I

GENERAL PRINCIPLES OF TAXATION LAWS :History and Development of Tax Laws in India.Fundamental Principles Relating to Tax LawsTaxing Power and Constitutional LimitationsDistinction between:Tax, Fee and CessTax Avoidance and Tax Evasion.

UNIT– IIBASIC CONCEPTS OF INCOME TAX

Income, Previous Year, Assessment Year, Person, Assessee and Total IncomeIncome not included in the Total IncomeClubbing of IncomeTax PlanningRate of Income TaxHeads of IncomeSalariesIncome from House PropertyIncome from Business or ProfessionCapital GainsIncome from other SourcesDeductions under the Income Tax Act, 1961Income Tax Authorities: Power and FunctionsFilling of Returns and Procedure for AssessmentOffences and Penal Sanctions.

UNITY– IIIWEALTH TAXTaxable Wealth, Determination of Assets, Exemptions and Rate of Wealth TaxWealth Tax AuthoritiesOffences and PenaltiesVALUE ADDED TAXMeaning and Importance of VATDifference between VAT and Sales Tax

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West Bengal Value Added Tax Act, 2003Criticisms and Limitations of VAT system

UNIT–ISERVICE TAX

Taxable ServiceMeaning and Importance of Service TaxValuation of Taxable ServiceOffences and Penalties

RECOMMENDED READINGS:****** Only current editions are to be read.1. Taxman -Tax Planning and Management2. N.K. Palkhivala and B.A. Palkhivala -Kanga and Palkhivala’s Income Tax Law and

Practice3. V.S. Agarwal -Taxation of Salaries with Tax Planning4. V.S. Sunderam -Law of Income Tax in India5. V.P. Gandhi -Some Aspects of Indian Tax Structure – An Economic Analysis6. H.M. Seervai -Constitutional Law of India7. Liam P.Ebrill, Michael Keen, Jean-Paul Bodin, Victoria Summers -The modern VAT8. Alan A. Tait -Value –added tax: International practice and problems.9. C.A. Gularickar -Law and Practice of wealth tax and evaluation

Note: The question paper will have Nine questions in all. First question will be compulsoryand shall carry 20 marks and will be of conceptual nature covering the entire syllabus.There will be eight more questions, two from each unit and shall carry 12 Marks for eachquestion. The candidate will be required to attempt four questions, selecting atleast onequestion from each unit.

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FACULTY OF LAWDepartment of Law

SYLLABUS FOR L.L.B.3 YEAR REGULAR COURSE (2017-2018)SEMESTER-VI

Paper-IIINTERPRETATION OF STATUTES AND PRINCIPLES OF LEGISLATION

Course Description

Course Code: BL-6002 Internal/Project Marks: 30Credits: 4 Theory Paper Marks: 70

Total Marks: 100Duration of Examination: 3 Hrs

OBJECTIVE OF THE COURSE: Legislation is a major source of Law. Legislators createlaw after much deliberation. This process takes into account the present and future need ofthe nation. Interpretation of statute is a method by which the judiciary explores the intentionof the legislators behind the statute. This involves a method which will be taught in thismodule.

UNIT – I:PRINCIPLES OF LEGISLATION-Law making {legislature, executive, Judiciary}-Principles of utility.

INTERPRETATION OF STATUTE –

Meaning of the term Statute-Component, operation and repeal-Internal Aids to interpretation[Title, Preamble, Headings & Marginal notes, Sections & Subsections, Punctuations,Illustrations, Exceptions, proviso & saving clauses, Schedules, Non Obstante clause]-

External Aids to interpretation[ Dictionery, Translation TravauxPreparatiores, Statutes in pari material,ContemporaneaExposito, Debates, Reports]

UNIT – II:

RULES OF STATUTORY INTERPRETATION-Primary Rules [ Literal rule, Golden rule, Mischief rule, harmonies Construction]Secondary Rules [ Noscitur a sociis, ejusdem generic, Reddendo singular singulis ].

PRESUMPTION IN STATUTORY INTERPRETATION-Statues are valid-Statutes are territorial in operation-Presumption as to jurisdiction-presumption against the inconvenient and absurd – Presumption against intended injustice– Presumption against impairing obligations or permitting advantage from one’s own wrong–Prospective operation of statutes.

UNIT – III

MAXIMS OF STATUTORY INTERPRETATION1. Delegatus non potestdelegare2. Expression unius exclusion alterius3. Generillisspecialibus non derogant

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4. In pari delicto potiorest condition possidentis5. Utres valet potior quam pariat6. Expressumfacitcessaretacitum7. In bonampartem

UNIT– IV

INTERPRETATION WITH REFERENCE TO SUBJECT MATTER AND PURPOSE. Restrictive and beneficial construction. Taxing statutes. Penal Statues. Welfare Legislations. Substantive and adjunctival Statute. Discretionary and mandatory provisions. Enabling statutes. and Consolidating statute. Right conferring statute. Power conferring statute

PRINCIPLES OF CONTITUTIONAL INTERPRETATION. Doctrine of Pith and Substance. Doctrine of Colourable Legislation. Doctrine of Residuary Power. Doctrine of Repugnancy. Doctrine of Ancillary Powers. “Occupied Field”

RECOMMENDED READINGS:****** Only current editions are to be read.G.P. Singh, Principles of Statutory Interpretation, Wadhwa& Co.P. St. Langan (Ed), Maxwell on Interpretation of Statute, N.M. TripathyK.Shanmukham, N.S. Bindras, Interpretation of Statue, The Law Book Co.V. Sarathi, Interpretation of Statue, Eastern Law Book Co.M.P. Singh (Ed), V.N. Shukla’s Constitution of India, Eastern Law Book Co.M.P. Jain, Constitution Law of India, Wadhwa& Co.

Note: The question paper will have Nine questions in all. First question will be compulsoryand shall carry 20 marks and will be of conceptual nature covering the entire syllabus.There will be eight more questions, two from each unit and shall carry 12 Marks for eachquestion. The candidate will be required to attempt four questions, selecting atleast onequestion from each unit.

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FACULTY OF LAWDepartment of Law

SYLLABUS FOR L.L.B. 3YEAR REGULAR COURSE (2017-2018)SEMESTER-VIBANKING LAWPAPER-IIICourse Description

Course Code: BL-6003 Internal/Project Marks: 30Credits: 4 Theory Paper Marks: 70

Total Marks: 100Duration of Examination: 3 Hrs

OBJECTIVE OF THE COURSE: Almost every person has an account in the Bank oraspires to have an account in the bank. It is also the supplier of one of the important factorsof production viz. Capital. The bank therefore must be regulated, controlled and monitoredto protect it from abuse as well as prevent its abuse. Banking law intends to throw light uponthis.

UNIT – I: Evolution of Banking Institutions.Functions of Commercial Banks and services rendered by them: Agency services GeneralUtility Services – Overseas Trading Services – Information and other Services.

UNIT-II: General Structure and methods of commercial banking: Principles of CommercialBanking- Employment of funds by commercial Banks- Earning Assets – Self LiquidatingPaper Theory- Anticipated Income Theory. Mechanisms of Credit CreationUNIT– III: Systems of Banking :- Group Banking and Chain Banking- Unit Banking andBranch Banking – Joint Stock Banking- Commercial Banks and Industrial Finance –Merchant Banking – Exchange Bank- Indigenous Banks and money lending – CooperativeBanks- Land Development Banks. Indian Banking :- Reserve Bank of India- State Bank ofIndia ,Practical Banking :- Banker and customer- Accounts of Customer- Cheques&promissory notes- Pass Books- Paying Banker- Collecting Banker.

UNIT– IV: Money Market- Foreign ExchangeGuaranteesBanking Legislation and Reforms- Banking Companies { Acquisitions and Transfer ofUndertakings} Act, 1980 – Banking Laws ( Miscellaneous Provisions) Act – Bankingregulation Act, 1949- Reserve Bank of India Act, 1934.

RECOMMENDED READINGS :****** Only current editions are to be read.1.K.C. SHEKHAR & LEKSHMI SHEKHAR,2.BANKING THEORY AND PRACTICE, VIKAS PUBLISHING HOUSE. ROSSCRANSTON, PRINCIPLES OF BANKING LAW, OXFORD UNIVERSITY PRESS.3. VIJAY MALIK, LAW RELATING TO BANKING AND FINANCIAL INSTITUTUIONS,EASTERN BOOK COMPANY4, MARK HAPGOOD, PAGET’S LAW OF BANKING, ASIA LAW HOUSE5.BANKING: THE CHANGING LANDSCAPE, ICFAI PRESS6. KATURI NEGESWARA RAO [Ed], BANKING : NEW CHALLENGES, ICFAI PRESS

Note: The question paper will have Nine questions in all. First question will be compulsoryand shall carry 20 marks and will be of conceptual nature covering the entire syllabus.There will be eight more questions, two from each unit and shall carry 12 Marks for each

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question. The candidate will be required to attempt four questions, selecting atleast onequestion from each unit.

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FACULTY OF LAWDepartment of Law

SYLLABUS FOR L.L.B. 3YEAR REGULAR COURSE (2017-2018)SEMESTER-VI

HUMAN RIGHT LAW AND PRACTICEPAPER-IVCourse Description

Course Code: BL-6004 Internal/Project Marks: 30Credits: 4 Theory Paper Marks: 70

Total Marks: 100Duration of Examination: 3 Hrs

OBJECTIVE OF THE COURSE: Human rights are a set of rights which go beyond therealm of formally conferred rights. These rights defy definition and have to be understood incontext. This module deals with such rights.

UNIT-IOrigin and development of Human RightsEnumeration and Classification of Human Rights

UNIT-II

Civil and Political Rights; International Instruments: Part III of the Constitution of IndiaSocial and Economic Rights: International Instruments: Part IV of the Constitution of IndiaHuman Rights and Vulnerable Groupsa).Prisoners, b).Child c). Migrant Workers d).Disabled Persons and Minorities e).Women

Collective Rights

UNIT-IIIa). Right to developmentb). Right to self determinationc). Right to clean environment

1. Human Right Commissions in India, Role of NHRC, Enforcement of Human Rights-National Mechanism, The Protection of Human Rights Act, 1994

UNIT-IV1. Regional Conventions on Human Rights

a). European Convention on Human Rightsb). Body of Principles for the Protection of all persons under any form of Detention orImprisonment, 1988.

RECOMMENDED READINGS :****** Only current editions are to be read.7. H.O. AGARWAL- Human RightI and International Law8. S.K. Kapoor- International Law9. S.K. Avesti&D R.P. Kataria- Lawrelating to Human Rights10. S.K. Verma- Public International Law11. Nirmal. C. J. (ed)- Human RightsinIndia

Note: The question paper will have Nine questions in all. First question will be compulsory

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and shall carry 20 marks and will be of conceptual nature covering the entire syllabus.There will be eight more questions, two from each unit and shall carry 12 Marks for eachquestion. The candidate will be required to attempt four questions, selecting atleast onequestion from each unit.

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FACULTY OF LAWDepartment of Law

SYLLABUS FOR L.L.B. 3YEAR REGULAR COURSE (2017-2018)SEMESTER-VIPAPER-VCLINICAL COURSE – IV[Moot Court Exercise and Internship]

OBJECTIVE OF THE COURSE: Legal study cannot remain confined to the class roomalone. This module offers chance for the students to be exposed to the real world.

Course Code: 6005 Marks – 100 (Written – 90 + Viva Voca – 10)Credit : 04

MODULE – I: MOOT COURT Marks -30Each student will do at least three Moot Courts 10X3+30

Prepare memorial & Argument presentationMODULE – II: OBSERVANCE OF TRIALS Marks -30Civil Trial – 1 15Criminal Trial – 1 15

To be recorded in a diaryMODULE – III: INTERVIEWING TECHNIQUE,PRE-TRIAL PREPARATION & INTERNSHIP DIARY Marks -30Observance of Interviewing session in Lawyer’s office – 2 15To be recorded in a diaryPreparation of documents and court papers- Recorded in a diary 15MODULE – IV: VIVA VOCE ON THE ENTIRE ABOVE MODULE Marks -10

NOTE: Students will have to put in four weeks of internship compulsorily in Semesters VI,VII, VIII, IX, X , and obtain a certificate of internship without which the Bar Council may notenroll them. The students must maintain diary. They will be evaluated in the X Semesteralong with Moot Court Exercise and Internship Practical Paper. The internship shouldbe in the following Institutions or Organizations:

1. NGO2. Trial and Appellate Advocates { compulsory}3. Judiciary4. Legal Regulatory Authorities5. Legislatures and Parliament6. Market Institutions7. Law Firms8. Companies9. Local Self –Government10. Other Legal Functionaries

Any other body approved by the College.