school: school of law programme: ll.b.(hons) 3 years. year

School: School of Law Programme: LL.B.(Hons) 3 years. Year : First Year Semester –II

Course: Constitutional Law -II Course Code: XHL201

Theory: 4 Hrs/Week Max. University Theory Examination: 50 Marks

Max. Time for Theory Exam.: 3 Hrs Continuous Internal Assessment: 50 Marks

Objectives

In Constitutional Law –II major portion in respect of parliament form of government, concept

of federalism is aptly covered. The subject also gives detail account of administrative,

legislative and financial relationship between Center and state. In brief the subject gives basic

understanding of constitutional governance in the country.

Unit

Number Details Hours

1

Parliament

1) Composition

2) Election, qualifications and tenure of members.

3) Functions of Parliament.

4) Privileges of Members

5) Parliamentary Privileges and fundamental rights.

10

2

Parliamentary Government

1) Westminister Model- Choice of Parliamentary form of Government

at the Centre and the State.

2) President of India- Election, qualification and Impeachment, powers

and privileges.

3) Governor of the State- Appointment, tenure etc., position and status

of Governor.

4) Council of Minister and Prime Minister Cabinet system, collective

responsibility- individual responsibility.

5) Co-alition Government- Anti Defection Law.

Federalism

6) Federalism Principles- comparative study.

7) Indian Federalism- Identification of federal features.

8) Challenges to Indian federalism- Sarkaria Commission.

10

3

Relations between Union and States

1) Legislative Relations

i) Distribution of Legislative Powers

ii) Principles of interpretation of Lists.

iii) Parliament’s power to legislate on State subjects.

2) Administrative Relations

i) All India Services

ii) Grants in aid.

10

3) Financial Relations

i) Distribution of Revenue between Centre and State.

ii) Finance Commission.

iii) Process of Law making- Ordinary Bill, Money Bill, procedure

etc.

4

Freedom Trade-Commerce

1) Historical Perspective.

2) Object and significance of such provision in federal constitution.

3) Restrictions on Trade and Commerce.

10

5

Services under the Constitution units

1. Doctrine of pleasure (Art. 310)

2. Protection against arbitrary dismissal, removal, or reduction in rank

(Art.311)

3. Exceptions to Art. 311

Emergency units

3.1. Emergency, meaning and scope Proclamation of emergency –

Various kinds of Emergencies. conditions -effect of emergency on

Centre- State relations.

3.3. Emergency and suspension of fundamental right

10

6

Judiciary under the Constitution 1. Judicial process

i. Court system

ii. The Supreme Court –Composition, Appointment, Jurisdiction

iii. High Courts - Appointment, Jurisdiction

iv. Judges: appointment, removal, transfer and condition of service:

judicial independence

2. Judicial review: nature and scope

10

Total 60

Resources

Recommended

Books

1. Basu D.D: Constitutional Law of India, Prentice Hall of India.

Shukla V.N, Constitution of India, Eastern Books Company,

Lucknow.

2. Pandey J.N, Constitutional Law of India, Central Law Agency,

Allahabad.

Reference Books 3. Austin, Granwille, The Indian constitution - Corner Stone of a

Nation, Oxford University, Press, New Delhi (Indian Reprint

2000). New Delhi.

4. Jain, M.P., Indian Constitutional Law, Wadhwa & Co., Nagpur.

5. Subba Rao, GCV, Indian Constitutional Law, Eastern Books

Company, Lucknow.

6. Tope T.K. : Constitutional Law of India,, Eastern Book

Company,Lucknow.

7. G. Austin, History of Democratic Constitution: The Indian

Experience (2000) Oxford.

8. Constituent Assembly Debates Vol. 1 to 12 (1989).

9. H.M. Seervai: Constitution of India. Vol.-1-3 (1992), Tripathy,

Bombay.

10. M.P. Singh (ed) V.N. Shukla: Constitutional Law of India

(2000) Oxford.

11. G. Austin: Indian Constitution:- Cornerstone of a Nation (1972)

12. M. Glanter: Competing Equalities – Law and the Backward

Classses in India (1984) Oxford.

13. B. Sivaramayya: Inequalities and the Law (1984) Eastern,

Lucknow.

14. S.C. Kashyap: Human Rights and Parliament (1978) Eastern

Lucknow.

15. P. M. Bakshi, Constitution of India, Universal Law publication


Course: Law of Contract-II Course Code: XHL202



Objectives

In the society wherein all major ventures are getting corporatized, a law student should

acquaint himself with knowledge of special contract apart from equipping himself with

general principles of contract .The student is enabled to comprehend several legislations

apart from the Indian contract Act .The practical business in day to day life requires the

legal provisions relating to agency, indemnity, bailment, pledge, partnership and hire

purchase.

Unit


1

Contract of Indemnity

Agreements of Indemnity, Definition, Nature and scope, Rights of

indemnity holder, commencement of indemnifiers liability

7

2

Contract of Guarantee

Definition, Nature and scope, Difference between contract of indemnity and

Guarantee, Rights of surety, Discharge of surety, Extent of surety’s

liability, co surety.

8

3

Contract of Bailment

Definition, Kinds, Duties of Bailer and Bailee, Rights of Finder of goods as

Bailee, Liability towards true owner, Rights to dispose off the goods.

7

4

Contract of Pledge

Definition, Comparison with Bailment ,Rights and duties of Pawnor and

Pawnee.

8

5

Agency

Definition, Creation of Agency, Kinds of Agents, Distinction between

Agent and Servant, Rights and Duties of Agent, Relation of Principal

with third parties, Delegation, Duties and Rights of Agent, Extent of

Agents authority, Personal liability of Agent, Termination of Agency.

7

6

Indian Partnership Act

Definition, Nature, Mode of determining the existence of Partnership,

Relation of Partner to one another, Rights and duties of partner, Relation

of partners with third parties, Types of partners, Admission of partners,

Retirement, Expulsion, Dissolution of Firm, Registration of Firms.

Principles of Service contracts.

8

Sale of Goods Act:

7

The Contract of sale, Conditions and Warranties, Passing of property,

Transfer of title, Performance of the Contract, Rights of Unpaid Seller

against goods and Remedies for Breach of Contract

7

8

E-Contracts

1) The Concept: E-commerce, E-contract, Electronic record, Digital

signature, General principles applicable on cyber contract,

jurisdiction, taxation, and application of law, Certifying Authority,

Cyber Appellate Tribunal , offences in cyber relation, authorities –

role of various linking process in Cyber contract

2) Various Kinds

Electronic Data Interchange, Cyber Contracts / Mouse click

contracts

3) Validity of Electronics Transactions.

Under Information Technology Act.2000, Application of

information Technology Act under section 1 of IT Act 2000

Authentication of Electronics records Legal recognition of

Electronic record & Digital Signature Retention and

Publication of electronic record

4) Communication & revocation of offer and acceptance.

Attribution of electronic records Acknowledgement of receipt.

Time and Place of dispatch and receipt of electronic record.

5) Special Provisions as to Evidence relating to electronic record.

Admissibility of electronic records Presumption as to electronic

agreement

6) Other relevant Provisions.

Amendment to Indian Penal code in sections 463 (Making false

Electronic Records) Amendment to the Negotiable Instruments Act,

1881 in S.6

8

Total 60

Resources

Recommended

Books

1. Avtar Singh - Law of Contract

2. J. R Verma(ed.), Singh and Gupta, The law of partnership in India

(1999), Orient Law House New Delhi.

3. Saharay. H. K - Indian Partnership and Sale of Goods Act

4. Krishnan Nair - Law of Contract

5. R.K. Abhichandani (ed.), Pollock and Mulla on Contracts and Specific

Relief Act (1999) Tripathi, Bombay.

Reference Books 1. Pollock and Mulla - Indian Contract Act, Eastern Book Company,

Lucknow,

2. Anson - Law of Contract, Oxford University Press, London

3. Avtar Singh - Sale of Goods Act

4. Mulla - Sale of Goods Act

5. S. D. Singh and S. P. Gupta - Law of Partnership

6. Mulla: The Indian Contract Act, N.M. Tripathi (P) Ltd. Bombay

7. Venkatesh Iyer: The Law of Contracts and Tenders. Gogia & Co.,

Hyderabad


Course: Law of Crimes Course Code: XHL203



Objectives

The Indian society has changed very rapidly since Independence. A proper understanding of

crimes, methods of controlling them and the socio-economic and political reasons for their

existence is now extremely important in the larger context of India's development, if students are

to use their knowledge and skills to build a just and humane society.

Unit


1

Introduction to Law of Crime 1. Conception of crime

2. Pre-colonial notions of crime as reflected in Hindu, Muslim and

tribal law.

3. Macaulay's draft based essentially on British notions.

4. State's power to determine acts or omissions as crimes

5. State's responsibility to detect, control and punish crime.

6. Distinction between crime and other wrongs.

7. IPC: a reflection of different social and moral values.

8. Applicability of I. P. C.

9. Territorial

10. Personal

11. Salient features of the I. P. C.

6

2

Elements of criminal liability 1. Author of crime - natural and legal person

2. Men rea - evil intention

3. Importance of mens rea

4. Recent trends to fix liability without mens rea in certain

1. socio-economic offences.

5. Act in furtherance of guilty intent

6. Omission

7. Injury to another

6

3

Group liability 1. Stringent provision in case of combination of persons attempting to

disturb peace.

2. Common intention

3. Abetment:

6

4. Instigation, aiding and conspiracy

5. Mere act of abetment punishable

6. Unlawful assembly:

7. Basis of liability

8. Criminal conspiracy

9. Rioting as a specific offence

4

Stages of a crime

1. Guilty intention - mere intention not punishable

2. Preparation

3. Preparation not punishable

4. Exception in respect of certain offences of grave nature or of peculiar

kind such as possession of counterfeit coins, false weights and measures.

5. Attempt

6. Attempt when punishable - specific provisions of IPC

7. Tests for determining what constitutes attempt - proximity,

equivocality and social danger

8. Impossible attempt

6

5 Factors negativing guilty intention 1. Mental incapacity

2. Minority

3. Insanity-impairment of cognitive faculties, emotional imbalance

4. Medical and legal insanity

5. Intoxication - involuntary

6 Private defence- justification and limits

7. When private defence extends to causing of death to protect 80 body

and property

8. Necessity

9. Mistake of fact

6

6 Types of punishment units 1. Death

2. Social relevance of capital punishment

3. Alternatives to capital punishment

4. Imprisonment - for life, with hard labour, simple imprisonment

5 Forfeiture of property

6. Fine

7. Discretion in awarding punishment:

8. Minimum punishment in respect of certain offences

6

7 Specific offences against human body

1. Causing death of human beings

2. Culpable homicide

3. Murder

4. Distinction between culpable homicide and murder

5. Specific mental element requirement in respect of murder

6. Situation justifying treating murder as culpable homicide not

amounting to murder

6

7. Grave and sudden provocation

8. Exceeding right to private defense

9. Public servant exceeding legitimate use of force

10. Death in sudden fight

11. Death caused by consent of the deceased - euthanasia and surgical

operation

12. Death caused of person other than the person intended

13. Miscarriage with or without consent

14. Rash and negligent act causing death

15. Hurt- grievous and simple

16 Assault and criminal force

18. Wrongful restraint and wrongful confinement kidnapping lawful

guardianship and from outside India.

19. Abduction

8 Offences against women

1. Insulting the modesty of woman 81

2. Assault or criminal force with intent to outrage the modesty of

woman

3. Causing miscarriage without woman's consent

4. Causing death by causing miscarriage without woman's consent

5. Kidnapping or abducting woman to compel her to marry or force her

to illicit intercourse

6. Buying a minor for purposes of prostitution

7. Rape

8. Custodial rape

9. Marital rape

10. Prevention of immoral traffic

11. Cruelty by husband or his relatives

12. Prevention of Sati

13. Prohibition of indecent representation of women

6

9 Offences against Property 1. Theft

2. Cheating

3. Extortion

4. Robbery and dacoity

5. Mischief

6. Criminal misrepresentation and criminal breach of trust

6

10 New kinds of crimes such as terrorism, pollution and adulteration

Law Reforms

6

Total 60

Resources

Recommended

Books

1. K.D. Gaur, Criminal Law: Cases and Materials (1999),

Butterworths, India

2. Ratanlal-Dhirajlal's Indian Penal Code (1994 reprint)

Reference Books 1. K.D. Gaur, A Textbook on the Indian Penal Code (1998),

Universal, Delhi.

2. P.S. Achuthan Pillai, Criminal Law (1995) Eastern, Lucknow.

3. Hidayathulla, M., et.al, Ratanlal and Dhirajlals The Indian

Penal Code (1994 reprint),Wadhwa& Co., Nagpur.

4. B.M. Gandhi, Indian Penal Code (1996), Eastern, Nagpur.

School: School of Law Programme: LL.B.(Hons) 3 years. Year : First Year Semester – I

Course: Family Law-II Course Code: XHL204



Objectives

Family Law –II deals with matrimonial remedies inclusive of dissolution of marriages through

customary practices as well as dissolution of marriage under personal laws and special

marriages Act .The subject also covers provisions of alimony and maintenance under various

laws. Similarly this course highlights on delicate issue of Uniform Civil Court. To update the

student about new emerging trends and changing pattern of family is also discussed in last

Unit.

Unit


1

Matrimonial Remedies

1. Non Judicial resolution of Matrimonial Conflicts

a .customary dissolution of Marriages –by mutual consent

b .Role of village Panchayat ,Caste panchyat and caste tribunal in

deciding cases of Divorce

2. Judicial resolution of Marital Conflicts-Family Courts

3. Nullity of Marriages

4. Restitution of Conjugal rights

5. Judicial Separation

6. Dissolution of Marriage-Theories Forms of Divorce, Grounds under

the Hindu Marriage Act 1955.

7. Divorce by Mutual Concept

8. Irretrievable Break down as a Ground for Dissolution

9. Divorce under Muslim Personal Law

10. Concept of Divorce under the Special Marriage Act 1954

11. The Indian Divorce Act 1869

10

2

Bars to Matrimonial Relief

1. Doctrine of Strict Proof

2. Taking advantage of one’s own disability

3. Accessory

4. Connivance and Collusion

5. Condonation and Improper or unnecessary delay

6. Residuary Clause –Where no other legal ground exists of refusing

matrimonial relief

10

3

Alimony and Maintenance

1) Maintenance under the code of criminal Procedure , 1973 for

neglected wives , divorces wives , minor and disabled children, old and

infirm parents who are unable to maintain themselves.

2) Alimoney and Maintenance as an independent remedy under various

Personal Laws

3) Maintenance of Divorced Muslim women under the Muslim

Women (Protection of rights on Divorce )Act 1986.

4) Alimoney and Maintenance s an ancillary relief

10

4 Child and Family

1) Adoption

2. Custody, Maintenance and education

3. Guardianship and parental rights –Welfare of the child principle.

8

5 Establishment of Family Court –

1. Constitution power and function .

2. Administration of Gender Justice .

3. Role of Mediators and conciliators in the family Court .

6

6 The Need of Uniform Civil Code

1. Religious Pluralism and its implications

2. Connotations of the Directive Principles in Art .44 of the Indian

Constitution

1. The Idea of optional Uniform Civil Code

8

7 Family and its Changing Patterns.

1. New emerging trends

2. Attenuation of family ties

3. Working of women and their impact on spousal relationship

:Composition of Family , status and role of women

4. New property concepts , such as skill and job as new forms of

property .

5. Factors affecting the family :demographic ,environmental , religious

and legislative

6. Process of social change in India: Sanskrtization, Westernization,

Secularization

5

8 Settlement of Spousal Property

1. Need for development of Law.

3

Total 60

Resources

Recommended

Books

1. N.R. Raghavachriar – Hindu Law: Principles and Precedents

2. J.D.Mayne- Hindu Law and usage

3. Mulla- Hindu Law

4. Dr. Paras Diwan- Modern Hindu Law

Reference Books 1. B.M. Gandhi- Hindu Law

2. Dr. Sir Hari Singh Gour- Hindu Code

3. A.N. Saha – Marriage and Divorce

4. H.K. Saharay- Law of Marriage and Divorce

5. G. Chakraborty- Law of Maintenance


Course: Professional Ethics and

Professional Accounting System

Course Code: XHL205



Objectives

Legal Profession is one of the noble professions in the society. Like any other profession there

are established professional ethics which are obligatory and to be adhered by every

professional. The Bar should set standards of ethics and scrupulously adhere to them. The

respect and slandered of profession depends upon how the ethics are being followed in that

profession. The course is designed with objective to teach professional ethics to the budding

lawyers and make them aware about their respective accountability towards legal profession

and towards society, In view of taking care of values in legal profession this course is

designed.

Unit


1

The legal profession and its responsibilities; The equipment of the

lawyer; Conduct in court; Professional conduct in general; Privileges of

a lawyer;

12

2

Seven lamps of advocacy — Advocates duties towards public, clients,

court, and other advocates and legal aid ; Bar Council Code of Ethics. 12

3

Disciplinary proceedings — Professional misconduct —

Disqualifications — Functions of Bar Council of India/State Bar

Councils in dealing with the disciplinary proceedings —Disciplinary

Committees -- Powers and functions - Disqualification and removal

from rolls. Contempt of Court Act, 1972

12

4

Accountancy for lawyers: Need for maintenance of accounts- Books of

accounts that need to be maintained- Cash Book, journal and ledger

Elementary aspects of bookkeeping: Meaning, object, journal, double

entry system, closing of accounts The cash and bulk transaction- The

Cash book- Journal proper especially with reference to client‘s

accounts- Ledger, Trial balance and final accounts- Commercial

mathematics.

12

5 Selected major judgments of the Supreme Court:

1. In the matter of D, An Advocate, AIR 1956 SC 102.

2. P. J. Ratnamv. D. Kanikaram, AIR1964 SC 244.

3. N. B. Mirzanv. The disciplinary committee of Bar Council of

Maharastra and Another, AIR 1972 SC 46.

4. Bar Council Of Maharastrav. M. V. Dabholkar, etc., AIR 1976 SC

12

242.

5. V. C. Rangaduraiv. D. Goplan and others, AIR 1979 SC 201.

6. Chandra Shekhar Soniv.Bar Council of Rajasthan and Others, AIR

1983 SC 1012.

7. In Re an Advocate, AIR 1989 SC 245.

8. In Re Vinay Chandra Mishra, 1995 (Vol-I) IBR 118.

9. Supreme Court Bar Associationv.Union of India, AIR 1998 SC

1895.

10. Ex-Capt. Harish Uppalv.Union of India, AIR 2003 SC 739.

11 Any other recent judgments of Supreme Court selected and given by

concerned teacher

Total 60

Resources

Recommended

Books

1. Professional Ethics, Accountancy For Lawyers Bench-Bar Relations by

JPS Sirohi, Allahabad Law Agency

2. Professional Ethics, Accountancy For Lawyers &Bench-Bar Relations

By Dr.S.P.Gupta, Central Law Agency

Reference Books 1. Professional Etics,Accountancy For Lawyers & Bench-Bar Relations By

Dr.Kailash Rai, Central Law Publication

2. Legal & Professional Ethics— Legal Ethics, Duties & Privileges Of a

Lawyer, By P.Ramanathan Aiyar, Lexisnexis Butterworths Wadhwa

3. Bar Council Of India Rules Along With Allied Rules And Advocates

Act, 1961 By Universal Law Publishing Co. Pvt. Ltd., Universal Law

Publishing Co. Pvt. Ltd

4. Contempt Of Court Act, 1971 Along With Rules To Regulate

Proceedings For Contempt Of The Supreme Court, 1975 By Universal

Law Publishing Co. Pvt. Ltd., Universal Law Publishing Co. Pvt. Ltd

5. Advocates Act, 1961 By Universal Law Publishing Co. Pvt. Ltd.,

Universal Law Publishing Co. Pvt. Ltd

6. Clinical Legal Education By N R Madhava Menon, Eastern Book

Company

7. V.D. Kulshreshtha's Landmarks In Indian Legal And Constitutional

History By B.M. Gandhi, Eastern Book Company

8. Examination Pleading, Conveyancing And Legal Ethics With Advocacy

By Dr.A.N. Chaturvedi, Allahabad Law Agency

9. Legal & Professional Ethics- Legal Ethics, Duties & Privileges Of a

Lawyer By P.Ramanatha Aiyar, Lexisnexis Butterworths Wadhwa

10. Changing Profession And Changing Ethics By Rajuramachandran,

Professional Ethics, Lexisnexis Butterworths Wadhwa

School: School of Law Programme: LL.B.(Hons) 3 years. Year : First Year Semester -II

Course: Labour Law-II Course Code: XHL206



Objectives

The paper will focus on wages, wage policies, compensation social security and retirement

benefits during the course of employment and working conditions of employees.

Unit


1

The Minimum Wages Act, 1948

1. Concept of Minimum Wage, Fair Wage, Living Wage and Need

Based Minimum Wage

2. Constitutional Validity of the Minimum Wages Act, 1948

3. Procedure for Fixation and Revision of Minimum Wages

4. Fixation of Minimum Rates of Wage by Time Rate or by Piece Rate

5. Procedure for Hearing and Deciding Claims

15

2

The Payment of Wages Act, 1936

1. Object, Scope and Application of the Act

2. Definition of Wage

3. Responsibility for Payment of Wages

4. Fixation of Wage Period

5. Time of Payment of Wage

6. Deductions which may be made from Wages

7. Maximum Amount of Deduction

15

3

The Factories Act, 1948

1. Approval, Licensing and Registration of Factories

2. Concept of “Factory”, “Manufacturing Process”, “Worker”, and

“Occupier”

3. General Duties of Occupier

4. Measures to be taken in Factories for Health, Safety and Welfare of

Workers

5. Working Hours of Adults

6. Employment of Young Person and Children

7. Annual Leave with Wages

8. Additional Provisions Regulating Employment of Women in Factory

15

4 The Employee’s Compensation Act, 1923

a. Definition of Dependant, Workman, Partial Disablement and Total

Disablement

b. Employer’s Liability for Compensation

1. Scope of Arising out of and in the Course of Employment

2. Doctrine of Notional Extension

3. When Employer is not liable

c. Employer’s Liability when Contract or is engaged

d. Amount of Compensation

e. Distribution of Compensation

f. Procedure in Proceedings before Commissioner

g. Appeals

h. Retirement Benefits

i. Employee’s Provident fund and miscellaneous provisions Act,

1952

ii. Employees Pension Scheme, 1995 and Family Pension Scheme

iii. Social Security for the unorganised Sector

15

Total 60

Resources

Recommended

Books

1. Indian Law Institute, Cases and Materials on Labour Law and

Labour Relations,1963

2. PL Malik, IndustrialLaw, Eastern Book Company, 2013

3. Dr. Goswami, Labour and Industrial Law, Central Law Agency,

2011

Reference Books 1. Surya Narayan Misra, An Introduction to Labour and Industrial

Law, Allahabad

Law Agency, 1978

2. S.C. Srivastava, Industrial Relations and Labour Law, Vikas

Publishing House,

New Delhi, 6th Edn., 2012

3. S.C. Srivastava, Commentaries on the Factories Act, 1948,

Universal Law

Publishing House, Delhi, 2002

4. H.L. Kumar, Workmen’s Compensation Act, 192, Universal

Law Publishing, 2009

School: School of Law Programme: LL.B.(Hons) 3 years. Year : First Year Semester –IV

Course: Public International Law Course Code: XHL401



Objectives

The Public International law is a law concern with various issues related with modern

International sphere.

This paper includes the study of general principles of international law including law of peace.

It also discusses about the Role of United Nations Organization in maintaining peace similarly

the role played by International Agencies in structuring solutions in the context of changing

balance of power .

Unit


1

Basic Aspects of International Law:

1. Definitions

2. Nature and basics of International Law

3. Definition of International Law

4. Objectives of International Law

5. Sources of International Law

6. Relationship between International Law and

Municipal Law.

10

2

The Subjects of Modern International Law:.

A. The Concept of State,

i) The Concept of Individual-The Concept of Subject,

ii) International Legal Personality-Types of Subjects.

1) State as the Basic Subject of INL or Individual as a

Subject of INL

2) The difference of opinion on subjects has let to the

emergence of three popular Theories- Functional Theory,

Realist Theory and Functional Theory.

3) The International Legal Personality of Nations and People

Struggling for Independence.

4) The Recognition of States- The Concept of Recognition-

The Legal Significance of Recognition Kinds of Recognition.

The Recognition of New Government as State- Theories of

10

Recognition.

5) The Legal Succession States:

i) The Concept and its Foundations,

ii) Kinds of State Succession,

iii) Theories of State Succession,

iv) Consequences of State Succession.

b. Individual and State

1) Nationality

2) Acquision of Nationality

3) Nationality - Aliens

4) Extradition

5) Asylum

3 The Basic Principles of International Law:

1) The Concept of Basic Principles and their Classification

2) The Principles of peaceful Co-existence

3) The Principles of that Bear directly on the maintenance of

International peace and Security- the Principle of Non-use of

force or threat of force- Principle of Territorial Integrity of

State- the Principle of peaceful settlement of International

Disputes.

4) General Principles of International Co-operation-

i) The Principle of Sovereign Equality of State

ii) The Principle of Non-Interference-The Principle of Equal

Rights and Self

iii) Determination of Nations and People- the Principle of Co-

operation of State the Principle for Respect of Human Rights.

5) The Principles of Stare Jurisdiction on Terrorism,

Hijacking, Narcotics, War Crimes and Crimes against Peace.

10

4 The Law of Treaties:

1) The Law of Treaties and its codification

2) Parties to Treaties and the Right to Participate in

Treaties

3) The conclusion of Treaties- Stages in the conclusion of

Treaties, The Power to Negotiate and Sign Treaties Signing,

Ratification, Approval and Accession- Reservations-

Depositing- The Publication and Reservation of Treaties.

4) The form and Structure of Treaties-

10

i) The Form of Treaties,

ii) The Language of Treaties,

iii) The Structure of Treaties,

iv) Names of Treaties.

5) The Operation and Interpretation of Treaties-

i) Procedure for executing Treaties and Changes,

ii) Principles and Rules of Interpretation.

6) Termination and Suspension of Treaties.

5 War and Armed Conflict- Role of International

Organisations:

1) War and Armed Conflict- Definition of War

2) Aggression, Self Defense, Intervention

3) War- League of Nations

4) War United Nations, UN Charter, ICJ, ICC

5) Legal Effects of Outbreak of War and of Armed Conflict

10

Total 60

Resources

Recommended

Books

1. Dr. S. K. Kapoor,International Law, Central Law Agency,

Allahabad

2. M. P. Tondon, Public International Law

3. S. K. Varma,Public International Law(1998),Prentice-Hall

Pub, New Delhi

4. Introduction to International Law (1989), - By J. G.

Starke: Aditya Books, 10th Ed.

5. B. Brierly ,The Law of Nations ,Oxford Publications,

London.

6. – Ian Brownlie, Principles of Public International Law ,

Oxford Publications,London.Central Law Agency, Allahabad.

7. – H. O. Agarwal, International Law and Human Rights –

Central Law Agency,Allahabad.

8.Dr. S. Subramanian – Human Rights , International

Challenges

Reference Books


Course: Civil Procedure Code and Law

of Limitation

Course Code: XHL402



Objectives

1. The subject Civil Procedure Code is important procedural subject of civil procedure in

law. Civil Procedure Code is a subject of daily use for every practicing lawyer.

2. While the substantive law determines the rights of parties, procedural law sets down the

norms for enforcement.

3. Whenever civil rights of persons are affected by action, judicial decisions will supply the

omissions in the law.

4. The Code of Civil Procedure in India has a chequered history and lays down the details of

procedure for redressed of civil rights.

5. This subject furnishes in detail the procedural knowledge in regards to jurisdiction,

pleading and execution of civil proceeding.

Unit


1

Introduction

1. Concepts

2. Affidavit, order, judgement, decree, plaint, restitution. Execution,

decree-holder, judgment-debter, mesne profits, written statement.

3. Distinction between decree and judgment and between decree and

order.

6

2

Jurisdiction

1. Kinds

2. Hierarchy of courts

3. Suit of civil nature-scope and limits

4. Res sub judice and Res judicata

5. Foreign judgment-enforcement

6. Place of suing

7. Institution of suit

8. Parties to suit: joinder, mis-joinder or non-joinder of parties:

representative suit.

8. Frame of suit: cause of action

9. Alternative disputes resolution (ADR)

10. Summons

6

3 Pleadings

1. Rules of pleading, signing and verification.

2. Alternative pleadings

3. Construction of pleadings

4. Plaint: particulars

5. Admission, return and rejection

6. Written statement: particulars, rules of evidence

7. Set off and counter claim: distinction

8. Discovery, inspection and production of documents.

9. Interrogatories --Framing and settlement of Issues ,.Disposal of Suit

at first hearing

10. Privileged documents

11. Affidavits

8

4 Appearance, examination and trial

1. Appearance

2. Ex-parte procedure

3. Summary and attendance of witnesses including summons to

witnesses and effect of non appearance ,

4. Trial 107

5. Adjournments

6. Interim orders: commission, arrest or attachment before judgment,

injunction and appointment of receiver

7. Interests and costs

8

5 Execution

1. The concept

2. General principles

3. Power for execution of decrees and mode of execution of decree

4. Procedure for execution (ss. 52-54)

5. Enforcement, arrest and detention (ss. 55.59)

6. Attachment (ss. 60-64)

7. Sale (ss. 65-97)

8. Delivery of property

9. Stay of execution

8

6 Suits in particular cases

1. Withdrawal and compromise of suits

2. Death, Marriage and insolvency of parties

1. By or against government (ss. 79-82)

2. By aliens & by or against foreign rulers or ambassadors (ss. 83-87A)

3. Public nuisance (ss. 91 -93)

4. Suits by or against firm

6

5. Suits in forma pauperis

6. Mortgages

7. Inter pleader suits

8. Suits relating to public charities

7 A. Appeals

1. Appeals from original decree

2. Appeals from appellate decree

3. Appeals from orders

4. General provisions relating to appeal

5. Appeal to the Supreme Court

B. Review, reference and revision

8

8 Miscellaneous

1. Transfer of cases

2. Restitution

3. Caveat

4. Inherent powers of courts

4

9 Law of Limitation

1. The concept - the law assists the vigilant and not those who sleep

over the rights.

2. Object

3. Distinction with latches, acquiescence, prescription.

4. Extension and suspension of limitation

5. Sufficient cause for not filing the proceedings

6. Illness

7. Mistaken legal advise

8. Mistaken view of law

9. Poverty, minority and Purdha

10. Imprisonment

11. Defective vakalatnama

12. Legal liabilities

13. Foreign rule of limitation: contract entered into under a foreign law

14. Acknowledgement - essential requisites

15. Continuing tort and continuing breach of contract.

6

Total 60

Resources

Recommended

Books

1. Mulla ,Civil Procedure Code ,Universal ,New Delhi.

2. Sarkars Law of Civil Procedure, Vol.2000

3. Universal Code of Civil Procedure ,2000

4.C.K.Thacker ,Code of Civil Procedure ,Universal ,Delhi

Reference Books 1. Mulla, Code of Civil Procedure (1999), Universal, Delhi.

2. C.K. Thacker, Code of Civil Procedure (2000), Universal, Delhi.

3. M.R. Mallick (ed.), B.B. Mitra on Limitation Act (1998), Eastern,

Lucknow

4. Majumdar, P.K and Kataria, R.P., Commentary on the Code of Civil

Procedure, 1908 (1998), Universal, Delhi.

5. Saha, A.N., The Code of Civil Procedure (2000), Universal, Delhi.

6. Sarkar's Law of Civil Procedure, Vols. (2000) Universal, Delhi.

7. Universal's Code of Civil Procedure, 2000.


Course: Law of Evidence Course Code: XHL403



Objectives

This paper enables the student to appreciate the concepts and principles understanding the law

of Evidence and identify the recognized form of Evidence and its sources. The subject seeks to

impart the student the skills of examination and appreciation of oral and documentary

evidence in order to find out the truth.

Unit


1

Introduction and Feature of Law of Evidence

1) Necessity and Importance of Law of Evidence.

2) Meaning, Definitions and kind of Evidence.

3) Main features of the Indian Evidence Act, 1872.

4) Rules of Evidence with special reference to other Acts i.e. C.P.C,

Cr. P.C, Information Technology Act

5) Problems in Applicability of Evidence Act

b) Central Conception in Law of Evidence

1) Central conceptions in Law of Evidence: (Sections: 1 - 5)

Evidence-oral and documentary, Fact, Facts in Issue, Relevant Facts,

Document, Proved,

Disproved and Not Proved, Presumptions witness, Appreciation of

Evidence.

c) Relevancy of Facts connected with facts in issue (Sec. 6 - 16):

Doctrine of Res gestre, Evidence of common Intention ,Problem of

relevancy of otherwise irrelevant facts (Plea of alibi),Relevant

facts for proof of custom ,Facts concerning bodies and mental State.

d) Admissions and Confessions (Sec. 17 – 31):

12

General principles concerning admission,

Differences between admission and confession ,Admissibility and

non admissibility of Confession - The problems of non admissibility

of confession caused by any inducement ,threat or promise

,Inadmissibility of confession made before police officer

,Admissibility of custodial confession ,Admissibility of information

received from accused person in custody ,with special reference to

the problem of discovery based on joint statement ,confession by co

accused, The problems with the judicial action based on retracted

confession

e) Dying declaration: (Ss 32-55)

1) Justification for relevance on dying declaration

2) The judicial standards for appreciation of evidentiary value of dying

declaration

2

a. Relevancy of Statements made by Person Who cannot be called as

witness-

1. General principles

2. Special problems concerning violation of women’s rights in marriage in

the law of evidence

b. Relevancy of Judgments (Sec. 40 - 44)

1. General principles,

2. Admissibility of judgment in civil and criminal matters,

3. Fraud and collusion

3. Presumption, May presume, shall presume and Conclusive proof.

12

3 Various Modes of Proof of Facts (Ss. 56-100)

1) Facts which need not to be proved (Ss. 56-58)

2) Proof of Facts by oral Evidence (Ss. 59-60)

3) Proof of Facts by Documentary Evidence (Ss. 61-73A)

4) Kinds of Documents and its proof (Ss. 74-78)

5) Presumption as to Documents (Ss. 79-78)

6) Of the exclusion of oral by Documentary Evidence (91-100)

7) Ambiguous Documents, Latent Ambiguity and patent Ambiguity

(Ss. 93-100)

12

4 a) Production and Effect of Evidence-Burden of proof and Estoppels

(Ss. 101-117)

1) Meaning of Burden of Proof

2) General Rules of Burden of Proof (Sec. 101 – 103)

3) Specific Rules of Burden of Proof (Sec. 104 – 114 A)

4) Principles of Estoppel (Ss. 115)

5) Estoppel and Admission, Estoppel and Waiver, Estoppel and Fraud

6) Estoppel and its applications: Estoppel Record, Deed, Pais

Promisory Estoppel, constructive Estoppel.

7) Estoppel between tenant and land lord, (Ss. 116), Acceptor of bill of

Exchange and drawn bailee and bailor.

8) Licences and Licencer (Ss. 117)

b) Production & Effect of Evidence – Competency and

Compellability of witnesses (Ss.118-134)

1) Who are competent witnesses?

2) Of witnesses (Ss. 118-121)

3) Privileged communication (Ss. 122-132)

4) Evidence of Accomplice (Ss. 133-134)

5) Witness protection

12

5 a) General Principles of Examinations of Witnesses- various methods

(Ss.134-167)

1) Examination in chief, cross examination and Re-examination, order

of examination witness character, Examination of witness (Ss. 135-

140)

2) Leading questions (Ss. 141-143)

3) Hostile witness (Ss. 154)

4) Impeaching the credit of witness (Ss. 155)

5) Rejection of Evidence (Ss. 167)

b) Evaluation of Evidence

1) In civil and criminal cases

2) By Tribunals, Administrative Tribunals

12

3) By Quasi-Judicial authorities and commissions of Enquiry

4) By person a Designate

5) By Disciplinary Authorities

6) In wills, Appeals, Second Appeal and Revision

Total 60

Resources

Recommended

Books

1. Ratanlal & Dhirajlal; The Law of Evidence (1999), Wadhawa &

Co., Nagpur.

2. Avatar, Singh; Principles of the Law of Evidence (2009), Central

Law Publication, Allahabad.

3. Dr. V Krishnamachari; Law of Evidence (2006)m S. Gogoa &

Company, Hyderabad.

Reference Books P S Atchutan Pillai; The Law of Evidence (1984), N M Tripathi

Private Limited, Bombay.

N K Acharya; Evaluation of Evidence (2010), Asis Law House,

Hyderabad.

Pande, G S; Law of Evidence (2009), University Book House,

Jaipur.


Course: Information Technology Laws Course Code: XHL404



Objectives

Technology is basically meant for use of it for constructive purpose and not for destructive

purpose .The new technological innovations also changed the pattern of crime in the society

wherein those who are conversant with these technologies are using the same for committing

cyber crime.

This course will explore how changes in technology challenge the law’s traditional approaches

to combating criminal activity, enforcing criminal law, and balancing the rights of the public

against the demands of justice.

The subject covers the electronic surveillance, cyber security, hacking, cyber-bullying,

criminal copyright law, personal and data privacy, jurisdiction, and civil liberties online and

other cyber related issues

Unit


1

Introduction

1. Cyber Crime

2. Genesis

3. Evolution of I.T Offences

4. Statutory provisions related to cyber crime under I.PC. and Evidence

Act

12

2

Introduction to Information Technology Act, 2000

a) Historical Background and Objectives of the Act.

b) Definition under the Act.

c) Digital Signatures.

d) Electronic Records.

e) Authorities under the Act.

f) Cyber Appellate Tribunal- Composition, Powers, Procedure and

Limitation.

12

3 Cyber Crimes

a) Tempering with Computer Source Documents.

b) Hacking with Computer System.

c) Cyber Stalking-Mail spoofing

12

d) Publishing of Obscene Information in Electronic Form.

e) Acts and Omission against Controller

f) Breach of Confidentiality and Privacy.

g) Publishing of False Digital Signature Certificate.

h) Offences Committed Outside India.

i) Powers of Adjudication and Investigation.

4 International Regime of Cyber Law

a) Personal Jurisdiction in Cyber Space.

b) International Jurisdiction In Cyber Space.

c) The issues relating to online Defamation.

12

5 Cyber Law and Related Issues

a) Freedom of Expression in Cyberspace.

b) Computer Forensic and the Process of Confiscation.

c) Network Service Provider.

12

Total 60

Resources

Recommended

Books

Reference Books:

1. Information Technology Act, 2000.

2. Information Technology Manual.

3. Nandan Kamath: A Guide to Cyber Laws and the Information

Technology Act, 2000 with Rules and Notification.

4. Rodney, D. Ryder: Guide to Cyber Laws.

5. Yogesh Barua & Denzyl: Cyber Crimes

6. Sharma, Vakul: Information Technology Law and Practice

7. Bakshi, R.M.: Cyber & E-Commerce Laws

8. Rohnay D. Ryder, Guide to cyber Crime Wadhwa, Nagpur

Reference

Books

SUGGESTED READINGS

1. Senthil, Surya, and Lakshmi Devi. Manual of Cyber Laws. New

Delhi: Aditya Book Company, 2010.

2. Singh, Ranbir and Ghanshyam Singh. Cyber Space and the Law: Issues

3. and Challenges. Hyderabad: NALSAR University, 2004.

4. Rowlgnd, Diane, and Elizabeth Macdonald. Information Technology

Law,

5. Cavendish Publishing Ltd, 1997.

1. Sharma, Vakul. Information Technology: Law & Practice. 2nd Edition,

New

6. Delhi: Universal Law Publishing Co., 2011.

2. Singh, Yatindra (Justice). Cyber Laws. 3rd Edition, Universal Law

7. Publishing, 2012.

3. Jayashankar K. K., and Philip Johnson. Cyber Law. Pacific Books

8. International, 2011.

4. Hiremath, Uma R. (Dr.) Information Technology and Cyber Crimes.

9. Bangalore: Karnataka Institute for Law & Parliamentary Reforms,

2009.

10. Chris Reed & John Angel, Computer Law, OUP, New York, (2007).

11. Verma S, K, Mittal Raman, Legal Dimensions of Cyber Space, Indian

Law Institute, New• Delhi, (2004)

12. Jonthan Rosenoer, Cyber Law, Springer, New York, (1997).

13. Sudhir Naib, The Information Technology Act, 2005: A Handbook,

OUP, New York,• (2011)

14. S. R. Bhansali, Information Technology Act, 2000, University Book

House Pvt. Ltd.,• Jaipur (2003).

15. Vasu Deva, Cyber Crimes and Law Enforcement, Commonwealth

Publishers, New Delhi,•

16. Joga Rao S. V. Law of Cyber Crimes and Information Technology

Law,

17. Nagpur: Wadhwa & Company, 2004.

Prescribed Cases:

1. State of Maharasthra v. Marwanjee F. Desai (2002)2 SCC 318.

2. R.V. Whiteley (1991) 93 Cr. App. R 25.

3. Rambabu Saxena v. State, AIR 1950 SC 155.

4. Ben Ezra, Weinstein & Co. v. America Online Inc. 206.F. 3d 980 (10th cir

2000)

5. Shrimant Shamrao Suryavanshi v .Pralhad Bhiroba Suryavanshi(202)3 SCC

676

6. Ajay Goswami v. Union of India (2007)1SCC 170

7. District Registrar and Collector v. Canara Bank (2005)1 SCC496 AIR 2005

SC186


Course: Competition Law Course Code: XHL405



Objectives

It is necessary to introduce students to the laws that are designed from time to time in keeping

with the policy of the government to prevent unfair trade competition and protection of

consumers.

These laws have changed over a period of time in accordance with the demands of changing

times. The laws are to be geared up to pass on the benefit of competition to consumers.

These laws are to be reviewed and appreciated in this course.

Unit


1

Introduction

a) Basic economic and legal principles

b) Restraint of Trade under Indian Contract Act

c) Monopolistic Trade Practices

d) Restrictive Trade Practices

12

2

Development of law from MRTP to Competition Act 2002

a) Evolution of Competition law in India

a) Aims, Objects and Salient features

b) Comparison between MRTP Act and Competition Act

c) Anti-Competitive Agreement, Vertical and Horizontal Agreements

,Predatory Pricing

d) Abuse of Dominant Position

e) Combination and Its Regulations

f) Protection of consumers

18

3 Competition Commission of India

a) Structure and function of CCI

12

b) Regulatory role

4 Competition Appellate Tribunal.

a) Composition, Functions, Powers and Procedure

b) Award Compensation

c) Power to punish for contempt

d) Execution of orders

e) Competition Advocacy

15

Total 60

Resources

Recommended

Books

Reference Books:

1. K.S. Anantaranan: Lectures on Company Law and MRTP

2. Dr. R.K. Singh: Restriction Trade Practices and Public Interest

3. Suzan Rab- Indian Competition Law- An International Perspective

4. S.M. Dugar's MRTP Law, Competition Law and Consumer Protection

5. Richard Whish & David Bailey, Competition Law , Oxford University

Press, 2012 (7th Edn)

6.Avtar Singh, Competition Law, Eastern Book Company, 2012

Reference Books SUGGESTED READINGS

1. Vinod Dhall, Competition Law Today, Oxford University Press, 2007

2. Taxmann’s Competition Act, 2002

3. Richard Whish & David Bailey, Competition Law, Oxford University

Press, 2012 (7th Edn)


Course: Principles of Taxation Law Course Code: XHL406



Objectives

In order to raise the revenue and place the economy of the country on solid foundation,

the government has conferred with the power to impose the tax.

Taxation law is subject of great importance in the backdrop of federal feature of the

government.

The distribution of taxing power between central and state government is always a matter

of stress and strain.

The course introduces the basic principles of taxation, types of tax, taxing authorities and

their power.

Unit


1

General perspective

1. Introduction to Principles of Taxation in India.

2. Concept of Tax, Nature and Characteristics of taxes

3. Direct and Indirect Taxes

4. Tax evasion, Tax avoidance and Tax Planning

5. Scope of taxing powers of Parliament

15

2

Income Tax Act,

1. Basic Concepts- Assessee Assessment Year, Previous Year, Person,

Advance Tax, TDS, PAN etc.

2. Residential Status- Resident and Ordinarily Resident in India,

Resident but not ordinarily resident in India and NRI(Individual HUF

Company)

3. Heads of Income

i. Income from Salary

ii. Income from House Property

iii. Income from Business or Profession

iv. Income from Capital Gain

v. Income from Other Sources

vi. Calculation of Gross Total Income and Tax Liability of

Individual as per Tax Rates

4. Authorities, Powers and functions under Income Tax

15

3 Goods and Service Tax -I

1. Basic of GST (CGST SGST IGST)

2. Objectives of implementation of GST

15

3. Benefits of GST

4. Person Liable to pay GST

4 Goods and Service Tax –II

1. Supply- Meaning and Scope

2. Tax Liability of Composite Supply

3. Tax Liability of Mix supply

4. Time and Place of Supply

5. Calculation of GST payable

15

Total 60

Resources

Recommended

Books

1. Dr.V.K Singhania-Students Guide to Income tax, Taxmann Publications.

2. V.S.Datey-Indirect taxes- Law and Practice, Taxmann Publications

3. Ramesh Sharma ,Supreme court on Direct tax law

4. GST- Practical Approach byVashishtha Chaudhary and

AshuDalmiaShaifalyGirdharwal

5. Taxman’s GST manual

Reference

Books

1. T. N. Manoharan- Students Handbook on Income tax law, Snowwhite

Publications pvt. Ltd

2. B. Lal – Direct Taxes- Practice and Planning; Konark Publishers Pvt

Ltd., Delhi

3. Dr. H. C Malhotra and Dr. S. P. Goyal- Direct taxes, SahityaBhawan, Agra

4. SharadBhargava- Income tax for Students, MashbraIndustires (P) Ltd.,

New Delhi

5. Parmeswaran , Power of taxation under the Constitution (1987), Eastern

Lucknow