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LLB Syllabus Ssu

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298 views72 pages

LLB Syllabus Ssu

Uploaded by

Savio D'Cunha
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
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SIKKIM SKILL UNIVERSITY

SIKKIM

SYLLABUS
REGULATIONS FOR LL.B.
DEGREE PROGRAMME
(3 YEARS)

www.sikkimskilluniversity.ac.in
1
SIKKIM SKILL UNIVERSITY, SIKKIM
REGULATIONS FOR LL.B. DEGREE PROGRAMME (3 YEARS)
(From 2022 Admission onwards)

LLB.1 Name of the Programme

Bachelor of Laws Degree Programme (LL.B.) (3 years)

LLB.2 Admission Requirements

Candidates for admission to LL.B Degree Programme (3 Year) shall be


required to have a Degree of this University or any other Degree
recognized by this University as equivalent thereto. The percentage of
marks obtained in the qualifying examination shall be 45%.

No candidate shall be admitted to the Course unless he/she has


passed the qualifying examination and obtained 45% marks (without
rounding) in the case of general category applicants and 40% marks
(without rounding) in the case of SC and ST applicants in the qualifying
examination.

Such minimum qualifying marks shall not automatically entitle a person


to get admission into an institution under the university, unless the
applicant fulfils other institutional criteria notified by the
institution/University concerned or by the Government concerned from
time to time to apply for admission.

The student, at the time of admission, shall pay the fees prescribed by
the University.

LLB.3 Selection Procedure

The admission shall be done through the selection procedure as laid


down by the University from time to time.

LLB.4 Prohibition to register for two regular courses of study

No student shall be allowed to simultaneously register for a law degree


2
program with any other graduate or postgraduate or certificate course
run by SIKKIM SKILL UNIVERSITY or any other University or an
Institute for academic or professional learning excepting in the
integrated degree program of the same institution SIKKIM SKILL
UNIVERSITY.

Provided that any short period part time certificate course on language,
computer science or computer application of an Institute or any course
run by a Centre for Distance Learning of a University however, shall be
excepted.

LLB.5 For the award of 3 years LL.B. Degree a candidate shall be required
to have
i) received instruction and training for the prescribed course of
study as full-time students for three academic years, and
ii) passed all the examinations prescribed for the award of 3 Year
LL.B. Degree

LLB.6 Duration of the Courses:

The duration of the course of study for the Bachelor of Laws (LL.B)
Degree Programme (3 Year) shall be three years comprising of 6
semesters. A semester shall consist of not less than 90 working days.
The period of a semester shall ordinarily be inclusive of the time
required for conduct of examinations of the relevant semesters.

However a candidate admitted for this programme shall complete the


programme within a period of five years from the date of admission.

LLB.7 Medium of Instruction will be in English language

LLB.8 Attendance:

There shall be University Examination held at the end of each


semester. To be eligible for admission to examination of the particular
semester, the candidate shall secure not less than 75% attendance
during that semester and his/her conduct and progress should be
satisfactory. Further, if a semester includes a practical paper, the
candidate should secure a minimum of 75% of
attendance separately for each practical paper.

3
LLB.9 Promotion to next semester

A student who has satisfactorily completed the course of each


semester and has registered for examination of that semester shall be
promoted to the next semester, subject to the stipulations regarding
attendance and practical training.

LLB.10 Practical Training

Marks for the practical training papers shall be awarded by the teachers
in charge of such papers and a Register for recording the marks signed
by the teachers in charge shall be maintained in the Faculty. The
Register shall show the marks separately allotted by each teacher and
the average awarded. The marks shall be published and a copy of the
same signed by the Dean shall be forwarded to the University. Only
those students who have secured a minimum of 75% attendance and
50% marks in the practical training of a semester shall be eligible to
register for the examination of that semester. For all practical training
papers, students have to maintain separate records of practical work
done, as instructed by the head of the institution and the teachers in
charge. The Records shall be submitted to the faculty in charge before
the end of the relevant semester.

Whenever practical records are to be maintained, the students shall


complete and submit the same positively on or before the last working
day of the relevant semester. Students shall not be admitted for the
viva-voce examination without the completed record with the signature
of the faculty in-charge.

LLB.11 Internship Programme and minimum period of internship

The students of 3Year LL.B Course has to undergo an internship


programme as per the Bar Council of India Rules on Legal Education
2008.

Each registered student shall have completed a minimum of 12 weeks


internship during the entire period of studies @ 4 weeks per year. Thus
the students have to undergo three internships, one @ 4 weeks in
every year during the entire course and all students shall at least gone

4
through once in the entire academic period with Trial and Appellate
Advocates. The internship for four weeks shall preferably be done
during each summer vacation in every year of the Course. The
internship may be done under NGOs, Trial and Appellate Advocates,
Judiciary, Legal Regulatory Authorities, Legislatures and Parliament,
other Legal Functionaries, Market Institutions, Law Firms, Companies,
Local Self Government, and other such bodies where law is practiced
either in action or in dispute resolution as directed by the head of the
institution and under the guidance of the faculty in charge.

Each student shall keep Internship Diary/Record in such form as


prescribed by the faculty concerned and on successful completion of
Internship every year the diary shall be submitted to the faculty
concerned. The Diary shall be assessed by the teachers in charge each
time by signing the record/diary and a maximum of 50 marks shall be
awarded at the end of the Course.

LLB.12 Programme viva-voce

There shall be a Programme viva-voce, carrying 50 marks, to be


conducted at the end of the Programme.

This shall be done by a Board of three members, of whom one shall be


external, appointed by the University in this regard. The students are
evaluated for their academic skill and performances during the course
including their performance in the internship programmes.

LLB.13 Continuous Internal Assessment

i. Distribution of marks : The distribution of marks for


Continuous Internal Assessment shall be as follows:
a. Attendance : 5 marks
b. Test Papers : 10 marks
c. Class room assignments/seminar/debates/quizzes etc: 10
marks

ii. Attendance Marks:


Percentage of Attendance Marks
75-80 1
81-85 2
5
86-90 3
91-95 4
96-100 5

iii. Test Paper

At least one test paper shall be conducted for each subject in


a semester by the concerned teacher who is handling
the relevant subject. The date for the test shall be notified at
least one week in advance. In case more than one test paper
is conducted in a subject then best mark obtained amongst all
test will be considered allotment for Test papers‘ marks.

iv. The internal assessment marks obtained by each student


shall be announced by the teacher within 10 days from the
end of the semester. The marks shall be recorded in a register
maintained by the teacher.

LLB.14 University Examinations

a. There shall be a University Examination at the end of each


semester. No student shall be allowed to take the University
examinations at the end of each semester in a course if the
student concerned has not attended minimum of 75% of the
classes held in the course concerned. Separate 75% of
attendance is also required in Practical Training papers. If a
student for any exceptional reasons fails to attend 75% of the
classes held in any subject, the Dean of Laws and Juridical
Sciences may condone the shortage of attendance as per the
existing rules.

b. The students have to observe the last dates prescribed in regard


of submitting examination form and the late fee is chargeable in
case there is a delay in depositing the form. If the examination
form is not submitted beyond a particular date the student is not
allowed to take the examination.

6
c. In case of ex-students and for supplementary examinations, the
indicative dates, which may vary, should be confirmed from
Office of Registrar.

LLB.15 Pass Requirement of Course

A candidate who secures not less than 50% aggregate for total of
University Examination and Internal Assessment put together in a
course shall be declared to have passed the examination in that
course.

LLB.16 Improvement Examination

At least one improvement examination will be conducted per year for


improving the marks obtained in the University examination for a
course. The schedule of the Examination will be declared by the
Registrar. In case no request from student is received for appearing in
Improvement Examination for a course then no improvement
examination for that course will be conducted.

LLB.17 Annual Registration

No marks are given if the student attend the course for which he/she is
not registered.

It is compulsory for a student to register himself/herself every academic


year after clearing appropriate dues.

LLB.18 Conduct and Discipline

Every student will conduct himself/herself in a manner befitting his/her


association with the University. Violation of code of conduct will invite
action as per rules and regulations of the University in this regards.

LLB.19 Scrutiny

a. No scrutiny is allowed of answer scripts of improvement

7
examinations. Only re-evaluation of answer script for
improvement examination allowed.
b. Request for scrutiny of main examination‘s answer scripts has to
be submitted within one month from date of declaration of result.
c. After scrutiny of answer scrip, if a candidate concludes that there
is an error in totaling or any answer left unchecked then h/she
may apply for correction.

LLB.20 Re-evaluation

a. A candidate applying for a re-evaluation of answer scrip of


University examination of any course shall have to surrender the
marks obtained by him/her in such examination and marks
obtained by him will be considered as marks obtained by such
candidate in such examination and no appeal regarding re-
evaluated result shall be entertained.

b. A candidate has to apply for re-evaluation of answer script within


one month of declaration of result for such course.

LLB.21 Classification

i. A candidate who has passed all the papers for all the
semesters and secured 50% or more of the aggregate marks
but less than 60% of such marks shall be declared to have
passed the course in second class.
ii. Successful Candidates who have secured 60% and above in
the aggregate in all the Semesters shall be declared to have
passed the course in first class

LLB.22 Award

No candidate who has not passed all the papers relating to any
semester at the first appearance shall be eligible for the Award of
Medals or Prizes by the University and to receive certificates of rank
obtained by them in the examination.

8
LLB.23 Scheme of Examination

A. Compulsory Papers and Optional Papers

Maximum marks for all compulsory and Optional Papers shall be


100 and 5 Credits. Distribution of Maximum marks shall be on a
30/70 (Continuous Internal Assessment CIA/Semester End
Examination SEE) basis.

i. SEE- Semester End Examination

The maximum marks for the written examination conducted


by the University at the end of each semester shall be 70
marks.

ii. CIA- Continuous Internal Assessment

The maximum marks for the continuous internal


assessment shall be 30. Distribution of marks for CIA shall
be as follows.

Attendance – 5 Marks
Test Paper - 10 Marks
Class room assignments/seminars/debates etc- 15 Marks

B. Practical Training Papers

i) LLB0306 - Professional Ethics and Professional


Accounting System - Out of the 100 marks 70 marks are
given for Record, for which students shall maintain a
Record of Practical Works done under the guidance of the
Faculties in charge. The remaining 30 marks are given for
the viva voce to be conducted by a Board comprising of
three senior Law Faculty members. This is a 5 credit
course.

ii) LLB0406 - Drafting, Pleading and Conveyancing - Out of

9
the 100 marks 90 marks are awarded for the drafting
exercises conducted as internal tests for which students
shall maintain a Record, under the guidance of the
Faculties in charge. The Remaining 10 marks are given for
the viva voce to be conducted by a Board comprising of a
Practicing Lawyer and two senior Law Faculty members in
the institution. This is a 5 credits course.

iii) LLB0506 - Alternate Dispute Resolution - Out of the 100


marks 70 marks are allotted by assessing the practical
works done by the students as specified in the detailed
syllabus, under the guidance of the Faculties in charge for
which students shall maintain a Record. The Remaining 30
marks are given for the viva voce to be conducted by a
Board comprising of three senior Law Faculties. This is 5
credits course.

iv) LLB0606 - Moot Court Exercise and Court Visit - Out of the
100 marks 90 marks are given for 3 moot court
participation, court visits, client interviewing and pretrial
preparations in the senior Advocates Chamber, for which
students shall maintain a Record/Diary of practical works
done under the guidance of the Faculties in charge. The
Remaining 10 marks are given for the viva voce to be
conducted by a Board comprising of three senior Law
Faculty members. Thus is a 5 credit course.

v) LLB0607- Internship Programme - Each student shall keep


Internship Diary/Record in such form as prescribed by the
Principal/faculty concerned and on successful completion
of Internship every year the diary shall be submitted to the
faculty concerned. The Diary shall be assessed by the
teachers in charge each time by signing the record/diary
and a maximum of 50 marks shall be awarded at the end
of the Programme.

C. Programme viva-voce

10
There shall be a Programme viva-voce carrying 50 marks, to be
conducted at the end of the Programme. This shall be done by a
Board of three members, of whom one shall be external,
appointed by the University in this regard. The students are
evaluated for their academic skill and performances during the
course including their performance in the internship programmes.

2. Compulsory Subjects

The question papers on Jurisprudence shall not have problem


questions. The following shall be the pattern of question papers.
Part (A) – Short answer
This part consists of short answer questions. In this Part 8
questions will be given and the candidates have to answer any 5
questions. Each question carries 5 marks and this part carry a
total of 25 marks. 5 x 5 marks = 25 marks

Part (B) – Problems Questions


This part consists of hypothetical problem questions. In this part
3 hypothetical problem questions will be given and the candidate
has to answer any 2 questions. Each question carries 10 marks.
The answer shall cover relevant legal provisions, framing of
issues, application of legal provisions with reasoned decisions
and citation of authority, the solution of the issue framed and the
answer to problem as such. 2 x 10 marks = 20 marks

Part (C) – Essays


This part consists of essay questions. In this part 3 questions will
be given and the candidate has to answer any 2 questions. Each
question carries 12.5 marks. 2 x 12.5 marks = 25 marks

Duration of examination: 3 Hrs.


Maximum Marks: 100 Marks (70 marks for SEE and 30 marks for
CIA)
[CIA – Continuous Internal Assessment, SEE – Semester End
Examination]

11
LLB.25 Distribution of Courses and marks in various semesters

First Semester
Paper Name of Paper Marks Type
CIA/SEE
LLB0101 Law of Contracts 30/70 Compulsory
Paper -1
LLB0102 Law of Torts (including Motors 30/70 Compulsory
Vehicles Act and Consumer Paper -2
Protection Laws)
LLB0103 Constitutional Law 1 30/70 Compulsory
Paper -3
LLB0104 Family Law 1 30/70 Compulsory
Paper -4
LLB0105 Law of Crimes 1 30/70 Compulsory
Paper -5

Second Semester
Paper Name of Paper Marks Type
CIA/SEE
LLB0201 Constitutional Law II 30/70 Compulsory
Paper -6
LLB0202 Special Contracts 30/70 Compulsory
Paper -7
LLB0203 Jurisprudence 30/70 Compulsory
Paper -8
LLB0204 Family Law II 30/70 Compulsory
Paper -9
LLB0205 Law of Crimes II 30/70 Compulsory
Paper -10
LLB0206 Local Self Government 30/70 Optional Paper
(including Panchayat -1
Administration)

12
Third Semester

Paper Name of Paper Marks Type


CIA/SEE
LLB0301 Administrative Law 30/70 Compulsory
Paper -11
LLB0302 Labour and Industrial Laws I 30/70 Compulsory
Paper -12
LLB0303 Code of Civil Procedure – I 30/70 Compulsory
Paper -13
LLB0304 Law of Criminal Procedure – I 30/70 Compulsory
(including Juvenile Justice and Paper -14
Probation of Offender Act)
LLB0305 Human Rights Law and 30/70 Optional Paper
Practice -2
LLB0306 Professional Ethics and 30/70 Practical
Professional Accounting Paper -1
System

Fourth Semester

Paper Name of Paper Marks Type


CIA/SEE
LLB0401 Environmental Law 30/70 Compulsory
Paper -15
LLB0402 Labour and Industrial Laws II 30/70 Compulsory
Paper -16
LLB0403 Code of Civil Procedure – II 30/70 Compulsory
(including Limitation Act) Paper -17
LLB0404 Law of Criminal Procedure – II 30/70 Compulsory
(including Criminal rules of Paper -18
Practice)
LLB0405 Property Law (including 30/70 Compulsory
Transfer of Property Act and Paper -19
Easement Act)
LLB0406 Drafting, Pleading and 90/10 Practical
Conveyancing Paper -2

13
Fifth Semester

Paper Name of Paper Marks Type


CIA/SEE
LLB0501 Company Law 30/70 Compulsory
Paper -20
LLB0502 Law of Evidence 30/70 Compulsory
Paper -21
LLB0503 Law of Direct Taxation 30/70 Compulsory
Paper -22
LLB0504 Intellectual Property Laws 30/70 Optional
Paper-3
LLB0505 Banking Laws (including NI 30/70 Optional Paper
Act) -4
LLB0506 Alternate Dispute Resolution 30/70 Practical Paper
-3

Sixth Semester

Paper Name of Paper Marks Type


CIA/SEE
LLB0601 Law of Indirect Taxation 30/70 Compulsory
Paper -23
LLB0602 Public International Law 30/70 Compulsory
Paper -24
LLB0603 Land Laws (including Tenure 30/70 Optional
and Tenancy System) Paper- 4
LLB0604 Interpretation of Statutes and 30/70 Optional
Principles of Legislation Paper- 5
LLB0605 Gender Justice and Feminist 30/70 Optional
Jurisprudence Paper-6
LLB0606 Moot Court Exercise and 90/10 Practical
Court Visit Paper-4
LLB0607 Internship Programme 50/-- Practical
Paper-5
LLB0608 Programme Viva Voce --/50 Compulsory
Paper- 25

14
DETAILED SYLLABUS
Course Name: Law of Contracts Course Code: LLB0101
Course Duration: 45 hours CIA/SEE : 30/70

Unit I
Offer, acceptance and promise Capacity of parties – disqualification by law –
minority and mental incapacity – free consent – factors vitiating free consent –
coercion – undue influence – fraud

Unit II
Consideration – definition – effect of contract without consideration – exceptions
– intention to create legal obligations Lawful object – void transactions –
misrepresentation, mistake – public policy – agreement in restraint of trade,
marriage and legal proceedings – uncertainties and wagering agreements

Unit III
Discharge of contracts – performance of contracts – anticipatory breach –
impossibility of performance – alterations and novation – accord and satisfaction
– quasi contracts

Unit IV
Remedies for breach - damages for breach - specific performance - rescission
and cancellation - injunctions - declaratory remedies

Unit V
E-Contracts – Benefits of E-contracting – Formation of E-contracts – Essentials
of E-contracts – Problems relating to E-contracts – Different types of E-contracts
– Relevant Provisions of the Information Technology Act

Suggested Readings:
Avatar Singh - Principles of Mercantile Law
Avatar Singh - An Introduction to Contract Law
Pollock and Mulla - Indian Contract and Specific Relief Acts
A.G. Guests - Anson‘s Law of Contract
Trietal - The Law of Contract
Cheshire - Law of Contracts

15
Course Name: Law of Torts (including Course Code: LLB0102
Motors Vehicles Act and Consumer
Protection Laws)
Course Duration: 45 hours CIA/SEE : 30/70

Unit I
Definition and nature of Torts – Distinction between Torts, Crime, and breach of
Contract – Basis of tortious liability – ubi jus ibi remedium, injuria sine damnum
and damnum sine injuria Liability for the wrongs committed by other persons –
vicarious Liability – joint tort feasors – joint and several liability in payment of
damages.

Unit II
Negligence – Contributory negligence – Professional Negligence – proximate
cause and intervening cause – foresight of harm – Composite negligence – res
ipsa loquitur – last opportunity rule –– doctrine of alternate danger – strict liability
– Ryland v. Fletcher – absolute liability – remoteness of damage

Unit III
General defences – volenti non fit injuria – vis Major – inevitable Accident –
necessity – statutory authority – judicial and quasi judicial acts, parental and
quasi parental authority – mistake – act of third parties – novus actus
interveniens – plaintiff‘s own fault

Unit IV Specific torts – injuries to person – assault – battery – false imprisonment


– trespass to goods – conversion – trespass to land – interference with contract
or business – intimidation – conspiracy – injurious falsehood – passing off –
negligent mis–statements – defamation – malicious prosecution – nuisance

Unit V
Consumer – definition under Consumer Protection Act – consumer of goods and
services – defects in good – deficiency in service – enforcement of consumer
rights – consumer fora under the Act – jurisdiction, functions and powers –
procedure – execution of orders Liability under Motor Vehicles Act, 1988 –
compensation in motor vehicle accidents – nature and extent of insurer‘s liability
– claims tribunal – award of compensation

16
Suggested Readings:

Winfield - Law of Torts


Ramaswamy Iyer - Law of Torts
Achuthan Pillai P.S - Law of Torts
Vivienne Harpwood - Modern Tort Law
P.K. Sarkar - The Motor Vehicles Act, 1988
D.N. Saraf - Law of Consumer Protection in India
P. Leelakrishnan(Ed.) - Consumer Protection and Legal Control

17
Course Name: Constitutional Law 1 Course Code: LLB0103
Course Duration: 45 hours CIA/SEE : 30/70

Unit I
Constitution of India – Historical Perspective – constitutional development –
Political developments – Making of the Constitution – Constitutional Assembly
Debates – Constitutional Law: Meaning and Constitutionalism – Various models
of Constitution: Written, Unwritten, Unitary, Federal, flexible – Parliamentary vs.
Presidential – Preamble: Sovereign, Socialist, Secular and Democratic Republic
– 42nd Amendment – Basic Structure theory – Citizenship – Who is a citizen of
India – Rights under Migration due to Partition – Acquisition of Citizenship –
Citizenship Rules – jus soli and jus sanguinis – Termination of Citizenship –
Related Case Laws

Unit II
State and Fundamental Rights – Concept of State – Meaning of Law under
Article 13 – Principle of Equality – Articles 14, 15,16 and Article 17 – Special
Reference to the Equal Rights and Equality before Law under Article 14 – Rules
for Classification – Protective Discrimination under Article 15 – Gender Justice –
Article 16 and Reservation Criteria – Article 17 and untouchability Abolition
Strategy - relevant case laws.

Unit III
Fundamental Freedoms and Social Control – Right to Know – Personal Liberty –
Rights of accused persons and judicial attitude – Double Jeopardy – Right
against Self incrimination – Article 21 and Judicial contributions with special
reference to A.K. Gopalan v. State of Kerala 1951, Maneka Gandhi v. Union of
India, Sunil Batra ‘ s case – Procedure established by Law – Due Process – Post
Maneka Gandhi decisions – Fair Procedure, Handcuffing, Legal Aid, Natural
Justice, Duty to Hear, Right to Health, Right to Food, Right to Environment,
Preventive Detention, Right against Torture, Right to Die, Right to Privacy etc –
Important Case Laws Right to Education – Free and Compulsory Education –
Freedom of Education Act – Relevant Case Laws – Right against Exploitation –
Child Labour – Prohibition of Bonded Labour, Human Trafficking, Beggar etc –
Case Laws – Secularism and Minority Rights – Concept of Religion under Indian
Constitution – Minority Rights – Right to Educational Institution – Controversy on
Conversion of Religion – Relevant Case Laws

18
Unit IV
Judicial Review and Constitutional Remedies – Article 32, 226 and Article 227 –
Nature of Writs – Classification – Article 32 as Fundamental Right – Laches or
delay in instituting Writs – Limitation – Public Interest Litigation – Judicial
Activism and Judicial Restraint Directive Principles of State Policy – Directive
Principles and Fundamental Rights a Comparative Approach – Rights under
Articles 31A, 31B and 31C – Judicial Response and Relevant Case Laws –
Principles – Social and Economic Justice – Equal Pay for Equal Works, Free
Legal Aid – Uniform Civil Code – Promotion of International Peace and Security –
Local Self Government as Directive Policy – Constitutional Amendments and
Constitutional Position of Three Tier system of Governance Fundamental Duties

Unit V
Relations between the Union and States – Extent of Laws made by Parliament
and State Legislatures, Subject Matter – Power of the Parliament to Legislate on
Matters under the State List – Residuary Power of Legislation – Effect of
Inconsistency between State Law and Union Law – Doctrine of Colourable
Legislation, Pith and Substance and Doctrine of Occupied Field – Administrative
relation – Duties and Powers of Union and State – Control of Union over State –
Disputes relating to Water – Financial Relations – Finance Commission

Suggested Readings:
Shukla. V.N - Constitution of India
J.N Pandey - Constitution of India
Austin Granville - The Indian Constitution- Cornerstone of a
Nation Durga Das Basu - Constitutional Law of India
M.P. Jain -Indian Constitutional Law
H.M. Seervai - Constitutional Law of India

19
Course Name: Family Law I Course Code: LLB0104
Course Duration: 45 hours CIA/SEE : 30/70

Unit-I
Marriage and Kinship: Evolution and importance of Marriage and family – Role of
Religion, Impact of customs on marriage and Family – Definition of Hindu,
Muslim, Christian – Sources of Hindu Law, Muslim Law and Christian Law

Unit-II
Concept of marriage - Essential conditions of a valid Hindu Marriage under
Hindu Marriage Act- Distinction between Valid, Void and Voidable marriages –
Legal consequences of a Valid Marriage – Essential requirements of a valid
Muslim marriage – Option of puberty, Legal effects of a Minor‘s marriage –
Essential conditions of a valid Christian marriage – Kinds of marriages under
Hindu and Muslim systems – dowry and dower as applicable to Hindus, Muslims
and Christians

Unit III
Matrimonial remedies: Annulment, Restitution of Conjugal Rights, Judicial
Separation and Divorce- Theories of Divorce: Fault/Guilt Theory, Consent
Theory, Irretrievable breakdown of marriage – Conditions for grant of matrimonial
remedies under Hindu marriage Act and Indian Divorce Act – matrimonial
remedies for Muslims (Talaq, Ila, Zihar, Tafweez, Khula, Mubaarak) – Talaq:
different kinds of Talaq, Delegated talaq – Divorce under Shariat Act – Judicial
and Extrajudicial methods of Divorce – Significance of Dissolution of Muslim
Marriages Act – Divorce by Mutual consent – Matrimonial relief under Special
Marriage Act

Unit IV
Child and Family: Legitimacy, Adoption, Custody and Maintenance of Child –
Guardianship of the Child – Child Marriage and legal provisions prohibiting child
marriage

Unit-V
Recent developments – Family Court: Composition, Powers and functions –
dowry and Dowry Prohibition Act – Need for Uniform Civil Code – Article 44 of
the Constitution of India – Compulsory registration of marriage

20
Suggested Readings:
Mulla - Principles of Hindu Law
Paras Diwan - Hindu Law
Mulla - Mohammedan law
Tahir Mohamed - Muslim law in India
Sebastian Champappally - Christian law
E.D. Devadasan - Handbook of Christian law
AAA Fyzee - Outlines of Mohammedan Law

21
Course Name: Law of Crimes I Course Code: LLB0105
Course Duration: 45 hours CIA/SEE : 30/70

Unit I
Definition of Crime – Concept of Crime – Distinction between Crime, Tort and
Breach of Contracts – Functions of Criminal Law –Types of Punishments –
Purposes of Punishment – Sentencing Policy – Types of criminal justice systems
– Character – History of Indian Penal Code

Unit II
Elements of Crime – Actus Reus – Mens Rea – Statutory Offences – Mens Rea
under the Indian Penal Code – Intention, Knowledge, Recklessness, Negligence,
Rashness – Vicarious liability – Corporate Liability

Unit III
General Explanations (Sections 6 to 52 A) – Intra-territorial and Extra -Territorial
jurisdiction of the Penal Code – Joint Liability –Common Intention – Common
Object – Principles of Criminal Responsibility – Parties to Crime – Inchoate
offences – Attempt – Conspiracy – Abetment

Unit IV
General Exceptions (Section 76 to 106) – Justifiable and excusable defences –
trivial acts Unit V Offences against the State – Offences relating to the Army,
Navy and Air Force – Offences against Public Tranquility – Offences Relating to
Public Servants – Offences relating to Elections – Contempt of the Lawful
Authority of Public Servants

Suggested Readings :
1. Kenney -Outlines of Criminal Law
2. Glanville Williams -Text Book On Criminal Law
3.Cross and Jones -Criminal Law
4. Smith and Hogan -Criminal Law
5. Ratanlal and Dhirajlal -Indian Penal Code

22
Course Name: Constitutional Law II Course Code: LLB0201
Course Duration: 45 hours CIA/SEE : 30/70

Unit-I
Union and State Executive – Presidential vs. Parliamentary form of Government
– Term of Office, Qualification and impeachment of President – Powers of
President, extent of Power – Vice President – Qualification, Functions and
Powers – Governor of a State, Qualification, Appointment and Tenure – Powers
– Relevant Case Laws

Unit-II
Union and State Legislature – Parliament – House of States and House of
People, Members Qualification and Disqualification – Privileges – Office of Profit
– State Legislature – Unicameral and Bicameral Legislative system – Special
Procedure on Money Bill and Finance Matters (Union and State) Union Cabinet –
Council of Ministers – Collective responsibility – Prime Minister‘s appointment –
powers , duties and functions – Shamsher v. State of Punjab, S.P. Gupta v.Union
of India and other relevant Case Laws.

Unit- III
Indian Judiciary – Nature of Indian Judicial System with its distinctive features –
Supreme Court of India – Judges appointments, Qualification and Removal –
Chief Justice of India – Qualification, appointment and removal – the Original
Appellate and Advisory Jurisdiction of Supreme Court – Binding nature of law
declared by the Supreme Court – Independence of Judiciary and Judicial
Accountability – The State Judiciary – High Court – Appointments, Qualifications,
conditions of Service and removal of Judges – Ordinary Jurisdiction – Writ
Jurisdiction – Powers including supervisory power – Subordinate Courts –
appointment and control over Subordinate Courts.

Unit-IV
Comptroller and Auditor General of India - Appointment, duties, powers and
Functions - Macro Economic Management under the Constitution of India - Fiscal
Responsibility, Taxation Planning and Management - Financial Accountability -
State‘s role in business - Trade, Contractual Obligation and responsibilities,
Revenue Distribution - Official Language Service under the Union and States -
Recruitment, Conditions of Service, tenure , Dismissal, All India Service- Doctrine

23
of Pleasure - Public Service Commission - Appointment, Powers, functions
duties, removal of Chairman and members.

Unit-V
Emergency Provisions – Kinds -- Failure of Constitutional Mechanisms
Amendment of the Constitution--- Principles --- Comparison U.S.A, France and
India -- Miscellaneous Provisions--- Temporary and Transitional Provisions –
Schedules

Suggested Readings:
Shukla. V.N - Constitution of India
J.N Pandey - Constitution of India
Austin Granville - The Indian Constitution- Cornerstone of a
Nation Durga Das Basu - Constitutional Law of India
M.P. Jain -Indian Constitutional Law
H.M. Seervai - Constitutional Law of India
Subhash Kashyap - Indian Constitution

24
Course Name: Special Contracts Course Code: LLB0202
Course Duration: 45 hours CIA/SEE : 30/70

Unit I
Indemnity – definition – Rights and Liabilities of the Indemnifier and Indemnified –
Guarantee – Continuing Guarantee – Nature and Duration of Liability – Rights
and Liabilities of Parties

Unit II
Bailment: General features – Division of bailments – Requirements of
consideration – Rights and liabilities of bailor and bailee – pledge or pawn –
special property in favour of pledge by limited owners – finder of lost goods

Unit III
Agency – Kinds of Agency – creation of Agency – Rights, Duties and Liabilities of
Agents – Liability of Principal for act of Agents – Termination of Agency –
Contract of Bailment and Pledge – Rights and Liabilities of Bailor and Bailee –
Rights and Liabilities of Pawner and Pawnee

Unit IV
Partnership – Nature and Creation – Types of Partnership – Mutual Relationship
of Partners – Authority of Partners – Rights and Liabilities of Partners –
Admission of New Members – Partnership Property – Dissolution of Partnership
– Registration of Partnership – Limited liability Partnership Act

Unit V
Sale of Goods – Concept of Sale – Subject Matter of Sale – Conditions and
Warranties – Passing of Property and Risk – Delivery of Goods – Rights of
Unpaid Seller – Remedies for Breach

Suggested Readings
Avtar Singh - Principles of Mercantile Law
Pollock and Mulla - Indian Partnership Act
Friedman - Law of Agency
Benjamin - Sale of Goods
Krishnan Nair - Law of Contracts
Lindley - on Partnership

25
Course Name: Jurisprudence Course Code: LLB0203
Course Duration: 45 hours CIA/SEE : 30/70

Unit I
Meaning of the term jurisprudence - Norms and the normative system - Different
types of normative systems - Legal system as a normative order - similarities and
differences of the legal system with other normative systems - Relation of
Jurisprudence with other Social Sciences Schools of Jurisprudence - Natural Law
School of jurisprudence - Analytical legal Positivism - Historical School -
Sociological School – Realist Movement - Economic interpretation of law –
Critical Legal Studies(CLS) – Feminist Jurisprudence– Indian Jurisprudence -
The Concept of Dharma

Unit II
Austin‘s Theory of Sovereignty and Law – Salmond‘s definition of law - Kelsen‘s
Pure Theory of Law - H.L.A Hart‘s Theory of Primary and Secondary Rules –
Jurisprudence of Interests : Rudolf Von Ihering and Roscoe Pound Purpose of
Law - Justice - Theories of Justice - Relation of Justice to Law – Justice and law:
Approaches of different schools - Administration of Justice according to Law Law
and Morality – interrelation - Enforcement of Morals through Law – Hart and
Fuller Debate - Hart and Devlin Debate

Unit III:
Sources of Law – Formal and Material Sources – Legal and Historical Sources -
Legislation - supreme and subordinate – place of legislation among other
sources of law. Interpretation of statutes - Precedents – importance of
precedents - doctrine of stare decisis – ratio decidendi and obiter dictum –
theories about the creative role of judges – comparative merits and demerits of
precedents over legislation Custom – reasons for recognition of custom as a
source of law – essentials of a valid custom. Juristic writings Classification of law
– International law and Municipal law – Public and Private law – substantive and
procedural law

Unit IV
Meaning and Classification of Legal Rights and Duties - Theories of Legal Rights
and Duties – Correlation between Rights and Duties – Rights in a Wider Sense:
Hohfeld‘s Analysis Definition and Nature of Personality - Legal Status of Unborn

26
Children, Minor, Lunatic, Drunk and Dead Person - Legal Status of Animals -
Legal Personality of State - Corporate Personality - Dimensions of Modern Legal
Personality: Legal Personality on Non-human beings The Definition and Nature
of Liability - Kinds of Liability - Theories of Liability - General Conditions of
Liability

Unit V
Definition and Nature of Obligation - Sources of Obligation - Kinds of Obligation
Meaning of Property – Kinds of Property – Intellectual Property - Modes of
Acquisition of Property Concept of Possession and Ownership - Theories of
Possession Ownership -Kinds of Possession and Ownership - Modes of
Acquiring Possession and Ownership

Suggested Readings:
Friedman - Legal Theory (Fifth Edition)
Wayne Morrison - Jurisprudence from the Greek to Post - Modernism
Dias - Jurisprudence
P.J. Fitzgerald - Salmond on Jurisprudence
Bodenheimer, Edgar - Jurisprudence ‗The Philosophy and Method of the
Law‘ H.L.A. Hart - The Concept of Law
John Austin - Lectures on Jurisprudence
Mahajan. V.D - Jurisprudence and Legal Theory
Roscoe Pond - Introduction to the Philosophy of Law
G.C.VenkataSubba Rao - Jurisprudence and Legal Theory

27
Course Name: Family Law II Course Code: LLB0204
Course Duration: 45 hours CIA/SEE : 30/70

Unit-I
Joint Hindu Family – Origin, nature of joint family and Coparcenary –
Characteristic features of coparcenary – distinction between coparcenary and
Joint family -Principal of survivorship and succession Classification of property:
joint family property and separate property – Kartha: position, powers and
liabilities Debt – Pious obligation under Hindu Law

Unit-II
Partition – definition – persons entitled to demand partition – subject matter of
partition – mode of partition – reopening and reunion Law of intestate succession
– general principles – exclusion from inheritance – succession as applicable to
Hindus, Muslims and Christians – Hindu Succession Act: features, devolution of
interest in coparcenary property (sec 6), List of heirs in class I and II of the
schedule, doctrine of representation, Hindu women‘s Right to property – Indian
Succession Act – Hanafi Law of Inheritance: doctrine of aul and radd

Unit-III
Testamentary power of Hindus, Muslims and Christians –wasiyat: definition,
essentials, and kinds of valid will, abatement of legacies, revocation of will

Unit-IV
Alienation of property among Hindu, Muslims and Christians – Hindu Religious
and Charitable endowments – Hiba: Definition, essentials, kinds and formalities
for a valid Hiba, Revocation of Hiba – Pre emption: definition, classification and
formality – Waqf- meaning -formalities of creation- Types and administration of
waqf- Mutawalli and his powers.

Unit-V
Maintenance under Hindu, Muslim and Christian laws – Conflict between
personal law and statutes – Maintenance of divorced wives, neglected wives,
minor children, unmarried daughters and aged parents – Distinction between
alimony and maintenance, permanent alimony, alimony pendente lite -
Maintenance of Muslim wives during and after divorce, maintenance under

28
Shariat Act – Right of maintenance under Christian wife on divorce, maintenance
under S.125 Cr. P.C.

Suggested Readings:
Mulla - Principles of Mohammedan law
Munshi Tayyabji - Tayyibji Muslim law
Tahir Mohamed - Muslim law in India
I.L.I. - Islamic law in Modern India
Poonam Pradhan Saxena - Family Law
Sebastian Chambappilly - Christian law
E.D. Devadasan - Handbook of Christian law
Fyzee AAA - Outlines of Mohammedan Law

29
Course Name: Law of Crimes II Course Code: LLB0205
(including Cyber Crimes)
Course Duration: 45 hours CIA/SEE : 30/70

Unit I
False Evidence -- Offences against public order, health, morality- public nuisance
- spreading of infectious diseases - adulteration of food and drugs - negligent and
dangerous driving - obstructing public ways- keeping dangerous animals–
obscenity - Offences relating to religion – Offences relating to weight and
measures – disobedience to orders of public servants – Coin and Government
Stamps

Unit II
Offences against human body - culpable homicide, murder-hurt- grievous hurt -
simple hurt – wrongful restraint –wrongful confinement-assault-kidnapping and
abduction- rape - infanticide.

Unit III
Offences against property - theft, extortion- robbery and dacoity - criminal
misappropriationCriminal breach of trust –stolen property- cheating – mischief –
criminal trespass- forgery – counterfeiting

Unit IV
Offences relating to marriage- bigamy-adultery-cruelty by husband- defamation
Unit V Cyber space – Cyber crime – classification – nature – crime against
government, property and person – adjudication – penalty – Liability of network
providers – power of police – cybercrimes punishable under various laws

Suggested Readings :
Kenney – Outlines of Criminal Law
Glanville Williams – Text Book on Criminal Law
Cross and Jones – Criminal Law
Smith and Hogan – Criminal Law
Ratanlal and Dhirajlal – Indian Penal Code
Achuthan Pillai – Criminal Law
K. D. Gaur – Indian Penal Code
KNC Pillai – General Principles of Criminal Law
R.C. Nigam - Law of Crimes in India

30
Course Name: Local Self Course Code: LLB0205
Government Including Panchayat
Administration
Course Duration: 45 hours CIA/SEE : 30/70

Unit I
Local Government: Evolution, Meaning, Features and Significance.-village
panchayats in ancient India- Gandhiji‘s idea of village panchayats-various
committee reports

Unit II
Urban Local Bodies: Municipal Corporation, Municipal Council and Municipal
Committees-their Meaning Features, Role and Significance.

Unit III
Panchayat raj institutions-The nature and scope of Article 40 - 73rd and 74th
Constitution Amendment Act

Unit IV
Panchayati Raj Institutions: Composition, Functions, Sources of Income of Gram
Panchayats, Panchayat Samiti and Zila Parishads. District Planning Committee:
Unit V Statutory Authorities under local governance system---State Finance
Commission. State Election Commission-governmental and judicial control over
panchayat raj institutions-Tribunals ombudsman-audit

Suggested Readings :
Radha kumud Mukherjee -Local government in ancient India
Avasthi A. (Ed.)1972 - Municipal Administration in India;
Lakshmi Narayan Agarwal Bhattacharya, B., 1979 -Urban Development in
India Gandhi, M.K. 1959 - Panchayati Raj,
Navjeevan Jain, S.P. (ed.), 1995 - Panchayati Raj Institutions in India: An
Appraisal. Venkatarangaiya - Local Government in India
Puri,
K.K. 1985 -Local Government in India, Bharat
Prakashan, Jalandhar.
Puri, V.K. 2005 - Local Government and Administration
Singh Sahab and Singh Swinder- Public Administration, Development and Local
Administration
31
Course Name: Administrative Law Course Code: LLB0301
Course Duration: 45 hours CIA/SEE : 30/70

Unit I
Definition and scope of Administrative law – Causes for the growth of
administrative law – difference between constitutional law and administrative law
– Droit Administratif Conceptual objections against the growth of administrative
law: 1. Concept of rule of law 2. Doctrine of separation of powers Classification of
administrative action – administrative instructions

Unit II
Rule making power of Administration – Delegated legislation – Classification of
Delegated legislation Constitutionality Delegated Legislation in India –
Retrospective operation of delegated legislation Control mechanism of Delegated
Legislation: 1. Parliamentary Control 2. Procedural control 3. Judicial Control

Unit III
Adjudicatory powers of the administration – need for administrative adjudication –
problems of administrative decision making – modes of administrative decision
making: 1. Statutory tribunals 2. Domestic tribunals Procedure of administrative
adjudication – principles of natural justice – rule against bias – Audi alterum
partem or the rule of fair hearing – post decisional hearing – speaking orders –
exceptions to the rule of natural justice – effect of breach of principles of natural
justice

Unit IV
Liability of the Administration – contractual liability – tortious liability – privileges
and immunities of the administration Administrative discretion – abuse of
discretion – non-exercise of discretion

Unit V
Judicial Review of administrative action – public law review – private law review –
public interest litigation Citizen and administrative faults – ombudsman -- Lokpal
– Lokayukta – Central Vigilance Commission (CVC) Statutory and non-statutory
public undertakings – control mechanism

Suggested Readings
Massey I. P. Administrative Law
32
Thakwani C. K. Lectures on Administrative Law
Sathe S. P. Administrative Law
Upadhyaya I. J. D. Administrative Law
Wade H. W. R. Administrative Law
Jain and Jain Administrative Law
Allen C. K. Law and orders
Garner J. C. Administrative Law
I. L. I. (1977) Administrative Tribunals in India
I. L. I. (1971) Government Regulation of Private Enterprise
I. L. I. (1966) – Cases and Materials on Administrative Law
Markose A. T. Judicial control of Administrative Action in India
Markose A. T. Public Law–Some aspects.

33
Course Name: Labour and Industrial Course Code: LLB0302
Laws II
Course Duration: 45 hours CIA/SEE : 30/70

Unit I
Significance of Labour Legislations: Historical perspectives on Labour: From
laissez faire to welfarism and to globalisation: transition from exploitation to
protection and from contract to status: changing perspectives on labour –
Industrial Jurisprudence: Labour Policy in India -- Industrial Revolution in India –
Labour problems and role of trade union – Industrial Peace and Industrial
Harmony through collective bargaining – Industrial Relations -- Principles of
Labour Legislation – Social Justice – Social Security : Constitutional basis for
social security – Growth of Labour Legislation in India

Unit II
Trade Unionism: Evolution and Growth of Trade Unions in India - Historical
reasons for the formation of unions of workers, legal impediments - Constitutional
freedom to form associations and unions – International Labour Organisation –
its influence in bringing changes in national legislations – Trade Union: Definition,
Registration and Recognition – trade dispute – Legal control and protection of
trade union: registration, amalgamation, rights, immunities, liabilities and
dissolution –Problems: multiplicity of unions, over politicization, intra-union and
inter-union rivalry, outside leadership – recognition of unions – Immunities: Civil
and Criminal

Unit III
Industrial Disputes: Aims and Objects of the Industrial Disputes Act – definition of
Industry: Conceptual Analysis – Industrial Dispute vs. Individual Dispute:
Contrast – Concept and definition of Workman – Distinction between contract for
services and contract of service: Due control and supervision test, Predominant
nature of duty test – Strike & Lock Out: Concepts, legality and justification – Lay
off, Retrenchment and Closure: Analysis of the Concepts and Prerequisites

Unit IV
Regulation of Industrial Relations: Theoretical foundations: social justice, labour
welfare, public interest, productivity, industrial peace and development and price
control – Unfair labour practices – Methods of regulation of industrial relations:
Workers‘ participation in Industrial management: Advantages and Disadvantages
34
– Works Committee – Reference of certain industrial disputes to grievance
settlements Authorities –Board, Courts, Tribunals – comparison with courts –
award and its binding nature – judicial review of awards – Unfair labour practices

Unit V
Standing Orders: Concept and nature of standing orders – Scope and coverage
of the Industrial Employment (Standing Orders) Act, 1946 – Certification process:
Procedure for certification, Appeals against certification, Condition for certification
– Date of operation of standing orders – Binding nature and effect of certified
standing orders – Posting of standing orders – Modification and temporary
application of model Standing Orders – Interpretation and enforcement of
Standing Orders – Penalties and procedure

Suggested Readings:
1. O.P. Malhotra -The Law of Industrial Disputes,
2. G.B. Pai - Labour Law in India
3. P.L. Malik‘s - Industrial Law
4. K. Madhavan Pillai - Labour and Industrial Laws
5. R.C. Saxena - Labour Problems and Social Welfare
6. V.V. Giri - Labour Problems in Indian Industry
7. Indian Law Institute - Labour Law and Labour Relations
8. P.L. Malik, Srivastava‘s - Law Relating to Trade Unions and Unfair Labour
Practices in India
9. Report of the National Commission on Labour (1969)
10. Report of the Second National Commission on Labour (2002)

35
Course Name: Code of Civil Course Code: LLB0303
Procedure I (including Civil Rules of
Practice) (Section 1 to 35 B and order
I to XXA)
Course Duration: 45 hours CIA/SEE : 30/70

Unit I
Distinction between Substantive law and Procedural law - Civil and Criminal
Procedure – Recent trends in Civil Procedure – Significance of Procedural Law
for a just Society - History of the Civil Procedure in India - Scheme of the Code of
Civil Procedure - Meaning of Suit and essentials of a suit. Definitions – Decree –
Judgement – Order – Decree holder – Judgement debtor – Legal Representative
– Mesne Profits – Public Officer Hierarchy of civil courts - Place of Suing -
Jurisdiction of Civil Courts- Meaning of jurisdiction - jurisdiction and consent -
lack of jurisdiction and irregular exercise of jurisdiction - decision as to jurisdiction
- kinds of jurisdiction - Courts to try all suits of a civil nature unless barred

Unit II
res sub judice and res judicata - General conditions of res judicata - constructive
res judicata - res judicata and Estoppel - res judicata between Co-defendants
and Co-plaintiffs Foreign Judgment - Meaning of Foreign judgment -
Conclusiveness of foreign judgment - Its enforcement and execution Institution of
Suit - Parties to suit - Joinder, non-joinder and misjoinder of parties -
Representative suit - Joinder of causes of action and misjoinder - Frame of Suit–
inclusion and splitting of claims –multifariousness

Unit III
Summons - Issue and service of Summons to defendants Pleadings generally -
Rules of pleading - signing and verification - Alternative pleadings -Construction
of pleadings – Plaint: particulars, admission, return and rejection - Written
statement: particulars, rules of evidence - Set off and Counterclaim: distinction

Unit IV
Discovery, inspection and production of documents – Interrogatories - Privileged
documents – Affidavits Appearance of Parties and Consequences of non-
appearance - Dismissal of suit for default - Ex parte proceedings - Setting aside
ex-parte decree – Recognized agents and Pleaders Trial –summoning and
attendance of witnesses - Adjournments – Hearing of suit – framing of issues –

36
kinds of issues – importance of issues Disposal of suit – judgement and decree –
interest - costs

Unit V
Civil Rules of Practice in Arunachal Pradesh – presentation of documents in
court – posting of cases – adjournments – interlocutory proceedings – affidavits -
trial of suits

Suggested Readings:
Takwani.C.K – Civil Procedure
Mulla – Code of Civil Procedure
Sarkar‘s - Law of Civil Procedure

37
Course Name: Law of Criminal Course Code: LLB0304
Procedure I (including Juvenile Justice
and Probation of Offenders Act)
Course Duration: 45 hours CIA/SEE : 30/70

Unit I
Preliminary – Constitution of Criminal Courts – Powers – executive magistrates –
prosecutors – defense counsel – prison authorities – classification of offences –
initiation of criminal proceedings – accused‘s presence at the trial – arrest –
rights of arrested persons

Unit II
Process to compel appearance – summons – warrant – proclamation – process
to compel production of documents – procurement of evidence – search –
seizure – investigation – FIR -- final report

Unit III
Jurisdiction of the Court – inquiry – trial – commencement of proceedings – plea
bargaining – attendance of persons detained in custody – limitation for taking
cognizance

Unit IV
Security for keeping peace – good behavior -- Maintenance of Public Order and
Tranquility – Preventive Action of the Police – Information to the Police and their
Power to Investigate - order for maintenance to wives, children and parents
Jurisdiction of the Criminal Courts in inquiries and Trials – Condition requisite for
Initiation

Unit V
Juvenile Justice Act-causes of Juvenile delinquency-neglected juveniles-
delinquent juveniles authorities and institutions for Juveniles–Prevention and
treatment of juvenile delinquency. Recent developments. Probation of Offender‘s
Act–Power of the court to release offenders after admonition on probation of
good conduct–Restriction on imprisonment of offenders under 21 years of age-
variations of conditions of probation- failure of offenders to observe conditions of
bond-probation of offenders- duties-protection of action taken in good faith.

Suggested Readings

38
Ratanlal and Dhirajlal - The Code of Criminal Procedure
R.V.Kelkar - Outlines of Criminal Procedure
Sohani - Code of Criminal Procedure
R.B.Sithi - Probation of Offenders Act 1958
Sheldon and Glueck -Unravelling Juvenile Delinquency
Vijay Hansaria - Juvenile Justice System.
ved kumari - juvenile justice system in india

39
Course Name: Human Rights Law Course Code: LLB0305
And Practice
Course Duration: 45 hours CIA/SEE : 30/70

Unit I
Foundational Aspects - Meaning and Concept of Human Rights - Notion and
Classification of Rights : Natural, Moral and Legal Rights, Three Generations of
Human Rights (Civil and Political Rights; Economic, Social and Cultural Rights;
Collective/Solidarity Rights) Theoretical Dimensions - Basis and Sources of
Human Rights - Theories of Human Rights-Relevance of ratification by states-
Impact of ratifying with reservation -Meaning of Legal Instrument- Binding Nature
-Types of Instruments: Convention -Covenant-Charter-Declaration-Treaty- -
Optional Protocols

Unit II
Evolution of the Concept of Human Rights - Journey from Magna Carta to the
Universal Declaration of Human Rights (Magna carta; The United States
Declaration of Independence; The French Declaration of the Rights of Man and
the Citizen; United States Bill of Rights; Geneva Convention of 1864; Provision of
Charter of UN ; Universal Declaration of Human Rights, 1948.) -International Bill
of Rights (Significance of Universal Declaration of Human Rights, International
Covenant on Civil and Political Right and optional Protocols; and the International
Covenant on Economic, Social and Cultural Rights)- Right to Development

Unit III
The Convention on the Prevention and Punishment of the Crime of Genocide-UN
Convention Against Torture, Cruel and Degrading Treatment and Punishment-
UN Declaration and Duties and Responsibilities of Individuals 1997 -UN agencies
to monitor compliance with Human Rights and mechanisms for enforcement -
Meaning and Concept of Human Rights EducationTransformation of human
rights framework from international to national level with special reference to
India - Role of Indian judiciary, Human Rights Commissions -Role of advocacy
groups - NGOs, Mass media

Unit IV
Meaning and Concept of Vulnerable and disadvantaged Human Rights Of
Socially Excluded (Brief Idea may be given about each)- Human Rights of
Children with special emphasis to Convention on the Rights of the Child 1989-
40
Human Rights of Indigenous People with special reference to Declaration on the
Rights of Indigenous People to –Human Rights of Disabled with special focus on
UN Convention on Persons with Disabilities- United Nations Declaration on the
Rights of Persons Belonging to National or Ethnic, Religious and Linguistic
Minorities

UNIT V
Women- Convention on the Nationality of Married Women –Convention on
Minimum Age, Consent and Registration of Marriage-Importance of Four World
Conferences for Women Convention on the Elimination of All Forms Of
Discrimination Against Women-Role of Commission on the Status of Women-UN
Women, UN Initiatives To Protect Older People, International Convention on the
Protection of the Rights of All Migrant Workers and Members of Their Families
1990 Convention relating to the Status of Refugees,1954- Brief introduction to
International Humanitarian law

Suggested Readings
H.O. Agarwal -Human Rights
Dr S.K. Kapoor -Human Rights under International Law and Indian
Law
Janusz Symonides -Human Rights: Concepts and Standards Text of
UN Conventions and Declarations
Amartya Sen - The Idea Justice
Conor Gearty and Adam Tomkins (eds) - Understanding Human Rights
David Beetham - Politics and Human Rights
Michael Freeman - Human Rights: An Interdisciplinary
Approach

41
Course Name: Professional Ethics Course Code: LLB0306
and Professional Accounting System
Course Duration: 45 hours CIA/SEE : 30/70

This course will be taught on the basis of the following materials.


i. Mr. Krishnamurthy Iyer‘s book on―Advocacy‖
ii. The Contempt Law and Practice
iii. The Bar Council Code of Ethics
iv. 50 selected opinions of the Disciplinary Committee of Bar Council and
10 major judgments of the Supreme Court on the subject.
v. Other reading materials as may be prescribed by the University.
Examination rules of the University shall include assessment through
case-study, viva and periodical problem solution besides the written
tests.

Out of the 100 internal marks for the paper, 75 marks shall be given by the
Faculty in charge on the basis of evaluation of exercises, assignments etc, and
students are required to maintain a Record of such exercises, assignments etc.
The breakup of marks shall be as follows.
1 One Classroom assignment and presentation on 10
Judgments of the Supreme Court on the subject marks
2 One Classroom assignment and presentation on opinion of the 10
Disciplinary Committee of Bar Council marks
3 Practical Record 10
marks
4 Two Test papers carrying 15 marks each on the Advocates Act 10
and the Rules, Bar Council of India Rules and the marks
Contempt of Courts Act
5 Viva voce 25
marks

The viva-voce is to be conducted internally by a Board comprising of three senior


Law Faculty members of the institution.

42
Course Name: Environmental Law Course Code: LLB0401
Course Duration: 45 hours CIA/SEE : 30/70

Unit I

The Concept of Environment – Meaning and Definition of Environment – Ecology


– Ecosystems – Biosphere – Biomes – Ozone Depletion – Global Warming –
Climatic Change – Need for Preservation and conservation of Environment –
Ancient Indian Approaches to Environment – Environmental Degradation and
Pollution – Kinds, Causes and effects of Pollution – Development and
environment – the conflict of interest

Unit II

Remedies – Common Law Principles – Riparian Rights – Torts – Trespass –


Negligence – Strict Liability – Relevant Provisions of IPC, Cr PC and CPC –
Public Nuisance – Remedies under Specific Relief Act – Reliefs against smoke
and Noise Constitution and Environment – Right to Environment – Role of
Judiciary on Protection of Environment – Propounding of new principles – Strict &
Absolute Liability – Sustainable Development – Polluter Pays – Precautionary –
Public Trust

Unit III

Legislative Measures for Prevention Control and Abatement of Pollution –


Pollution Control Boards – Authority of the Central Government under
Environment Protection Act and Rules – Eco-mark – Environment Impact
Assessment – Laws on Protection of Forest and Wildlife – Protection of
Biodiversity – National Green Tribunal‘s Act – Land Conservation – issues
relating to construction and mining Unit IV Recent Developments – Public
Participation in Environmental Decision Making – Environment Information –
Public Hearing – Public Interest Litigation – Corporate Liability to Protect
Environment

Unit V

International Efforts for Environment Protection – Major Conventions,


Declarations and other International Measures

(The course shall include a study of the relevant provisions of the Constitution of
India, the Environment Protection Act including the Environment Protection

43
Rules, the Water Act, the Air Act, the Wildlife Protection Act, the Indian Forest
Act, the Forest Conservation Act, the National Green Tribunal Act and the
relevant provisions of Code of Criminal Procedure and The Indian Penal Code)

Suggested Readings:
Vikas Vashishth - Law and practice of Environmental Laws in India
P. Leelakrishnan - Environmental Law in India
N. S. Kamboj - Control of Noise of Pollution
Paras Diwan - Studies on Environmental Cases
S.N.Jain - Pollution Control and the Law
Armin Rosencranz - Environmental Law and its Policy in India

44
Course Name: Labour and Industrial Course Code: LLB0402
Laws II
Course Duration: 45 hours CIA/SEE : 75/25

Unit I
Law Relating To Wages and Bonus: Theories of wages: marginal productivity,
subsistence, wage fund, supply and demand, residual claimant, standard of living
--- Concepts of wages: minimum wage, fair wage, living wage, need-based
minimum wage --- Constitutional provisions ---Minimum Wages Act, 1948:
Objectives and constitutional validity of the Act ---procedure for fixation and
revision of minimum rates of wages --- Payment of Wages Act, 1936: Regulation
of payment of wages --- Authorized Deductions – Payment of Bonus Act: Bonus -
-- Its historical background, present position and exemptions

Unit II
Social Security against Employment Injury and Other Contingencies: Concept
and development of social security measures – Employers liability to pay
compensation for employment injury – Employees‘ Compensation Act, 1923 –
Concept of ‗accident arising out of‘ and ‗in the course of the employment‘ –
Doctrine of notional extension and doctrine of added peril – Total and partial
disablement – Quantum and method of distribution of compensation –
Employees State Insurance Act, 1948 – Benefits provided under the Act –
Employees State Insurance Fund and Contributions – Machinery for the
implementation of the Act - ESI Court and appeal to High Court.

Unit III
Law Relating to Retirement Benefits: Employees Provident Fund and
Miscellaneous Provisions Act, 1952 – Family Pension Scheme 1971 and
Employees Pension Scheme 1995 – The changing rules regarding Employees
Provident Fund and Pension Schemes – Payment of Gratuity Act, 1972 –
Concept of gratuity – Eligibility for payment of gratuity – Determination of gratuity
– Forfeiture of gratuity

Unit IV
Law Relating to Labour Welfare: Philosophy of Labour Welfare – Historical
Development of labour welfare legislations – Health, Safety and Welfare
measures under the Factories Act, 1948 – Welfare of Women and Child –
Protective provisions under Equal Remuneration Act – Protective Provisions
45
under the Maternity Benefits Act – Contract Labour: Problems of contract labour
– Process of contractualisation of labour -- Contract Labour (Regulation and
Abolition) Act, 1970 – Controversy regarding Abolition of Contract Labour – Land
mark cases

Unit V
Law Relating To Workers of Unorganized Sector: Problem of Definition and
Identification – Unorganized Sector Workers‘ Social Security Act, 2008 – Weaker
Sections of Labour – bidi workers, domestic workers, construction workers, inter-
state migrant workmen – Legal Protection: Bonded Labour System (Abolition)
Act, 1976; Inter State Migrant Workmen (Regulation of Employment and
Conditions of Service) Act, 1979 – Child Labour (Prohibition And Regulation) Act,
1986: Aims and Objects of the Act – Definition of Child labour – Prohibition of
work by Children in certain Occupations and processes – Regulation of
conditions of work by children

Suggested Readings:
G.B. Pai - Labour Law in India
P.L. Malik‘s - Industrial Law
R.C. Saxena - Labour Problems and Social Welfare
V.V. Giri - Labour Problems in Indian Industry
Indian Law Institute - Labour Law and Labour Relations
P.L. Malik, Srivastava‘s -Law Relating to Trade Unions and Unfair Labour
Practices in India
Dr. V.G.Goswami -Labour and Industrial Law, Central Law Agency,
Allahabad. S.N.Mishra -Labour and Industrial Law, Central Law
Agency, Allahabad. Khan and Khan - Labour Law, Asia Law
House, Hyderabad Reports of the National Commission on Labour

46
Course Name: Code of Civil Course Code: LLB0403
Procedure – II (including Limitation
Act)
Course Duration: 45 hours CIA/SEE : 30/70

Unit I
Suits in particular cases - By or against government –By or against corporations,
trustees, executors, administrators – By or against minors and lunatics - By
aliens and by or against foreign rulers or ambassadors - Public nuisance - Suits
by or against firm - Suits in forma pauperis – Mortgages - Interpleader suits -
Suits relating to public charities– Summary procedure - Supplemental
proceedings

Unit II
Interim Orders – commissions – arrest before judgement – attachment before
judgement temporary – injunctions – interlocutory orders – Receiver Withdrawal
and compromise of suits Death, marriage and insolvency of parties

Unit III
Execution - the concept - general principles - power for execution of decrees -
who may apply for execution and against whom execution may be sought -
definition of court which passed a decree - transfer of decree for execution -
Precept - execution, against transferees and legal representatives – Different
modes of execution - arrest and detention – attachment - sale - delivery of
property - stay of execution – payment under decree

Unit IV
Appeals - nature of the right of appeal - appeals from original decrees - Appeals
from Appellate Decrees - Appeals from Orders - Appeals to the Supreme Court -
Procedure of Appeals and Powers of Appellate Court - Reference - Review -
Revision Transfer of cases - Restitution –caveat - Inherent powers of the Court

Unit V
Law of Limitation - the concept-the law assists the vigilant and not those who
sleep over the rights – Object - Distinction with laches, acquiescence,
prescription – bar of limitation – continuous running of time - Sufficient cause for
not filling the proceedings – Illness - Mistaken legal advice - Mistaken view of law
– Poverty - minority – Imprisonment - Legal disability – computation of period of

47
limitation – effect of acknowledgement- essential requisites of acknowledgement
- Continuing tort and continuing breach of contract – acquisition of ownership by
possession – extinguishment of right to property

Suggested Readings:
Takwani.C.K - Civil Procedure
Mulla - Code of Civil Procedure
Sarkar‘s - Law of Civil Procedure
M.R..Mallick (ed.) - B.B. Mitra on Limitation Act

48
Course Name: Law of Criminal Course Code: LLB0404
Procedure – II (including Criminal
rules of Practice)
Course Duration: 45 hours CIA/SEE : 30/70

Unit-I
Complaints to Magistrates---Commencement of proceedings before Magistrates--
-Charge and Joinder of Charges

Unit-II
Common features of trial – fair trial – inquiry and trial – Mode of taking and
recording of evidence in Inquiries and Trials – Commission –Trial of summons
case, warrant case – Summary trial – disposal without full trial – bar to trial

Unit-III
Compounding and non compounding of offences – Trial of accused persons of
unsound mind--Provisions as to offences affecting the Administration of Justice –
Bail – anticipatory bail – disposal of property – irregular proceedings

Unit-IV
Transfer of cases – Judgment – death sentence confirmation – appeal – revision
– reference – execution – commutation of sentence

Unit-V
The Criminal Rules of Practice in Kerala – Summons – Absconding Accused –
Presentation of Pleadings, Reports, Documents – Remands – Affidavits –
Preliminary Inquiries and Trial
Suggested Readings :
Ratan Lal & Dhiraj Lal - Code of Criminal Procedure
R.V.Kelkar - Outlines of Criminal Procedure
Sohoni - Code of Criminal Procedure
Chakravarthy - Juvenile Justice Act

49
Course Name: Property Law Course Code: LLB0405
(including Transfer of Property Act and
Easement Act)
Course Duration: 45 hours CIA/SEE : 30/70

Unit I
Concept of property- different kinds of property - movable and immovable
property – notice – attestation – transfer of property – properties which cannot be
transferred – operation of transfer Rule against inalienability – rule against
repugnant conditions – transfer to unborn persons – rule against perpetuity – rule
against accumulation -- Conditional transfers – conditions precedent and
subsequent – vested and contingent interest – doctrine of election

Unit II
Rules of apportionment – negative covenants – rule in Tulk v. Moxhay – transfer
by ostensible owner – Rule of priority – co-ownership – improvement by bonafide
holder – fraudulent transfer - doctrines of lis pendens and part performance

Unit III
Mortgage - various kinds of mortgages - charge - floating charge

Unit IV
Sale and exchange - sale and agreement to sell - rights and liabilities of seller
and buyer Lease -- Rights and liabilities of lessor and lessee - gift - conditions for
valid gifts - actionable claim

Unit V
Easement- Definition – classification -characteristic features - modes of
acquisition - prescriptions - extinction and license - quasi-easement – easement
of necessity
Suggested readings:
Mulla, D.F. - Transfer of Property Act.
G.C. Mathur, Amin and Sastry‘s - Law of Easements.
Venkatasubba Rao - Commentaries on the Transfer of Property
Act. Shukla S.N. - The Transfer of Property Act

50
Course Name: Drafting, Pleading and Course Code: LLB0406
Conveyancing
Course Duration: 45 hours CIA/SEE : 90/10

Outline of the course:


(a) Drafting: General principles of drafting and relevant substantive rules shall
be taught
(b) Pleadings:
(i) Civil: Plaint, Written Statement, Interlocutory Application,
Original Petition, Affidavit, Execution Petition, Memorandum of
Appeal and Revision, Petition under Article 226 and 32 of the
Constitution of India.
(ii) Criminal: Complaint, Criminal Miscellaneous Petition, Bail
Application, Memorandum of Appeal and Revision.
(iii) Drafting of Writ Petition and PIL Petition.

(c) Conveyancing: Sale Deed, Mortgage Deed, Lease Deed, Gift Deed,
Promissory Note, Power of Attorney, Will and Trust Deed

The course will be taught through class instructions and simulation exercises,
preferably with the assistance of practicing lawyers/retired judges. Apart from
teaching the relevant provisions of law, the course may include not less than 15
practical exercises in drafting carrying a total of 45 marks (3 marks for each) and
15 exercise in Conveyancing carrying another 45 marks (3 marks for each
exercise) remaining 10 marks will be given for viva voce, which shall be internally
conducted by the Board comprising of a practicing lawyer and two senior law
faculty members of each institution. The students are required to maintain a
record of the practical works, assignments, exercises etc.

51
Course Name: Company Law Course Code: LLB0501
Course Duration: 45 hours CIA/SEE : 30/70

Unit I:
Meaning and nature of company with emphasis on its advantages and
disadvantages over other forms of business organizations - Different kinds of
company including One Person Company and Foreign Company Promotion of
Companies - Promoters: Position, duties and liabilities - Pre-incorporation
Contracts Process of Incorporation - legal and procedural requirements
Constitutional documents of a company - Memorandum of Association: meaning,
purpose, form, contents, alterations and the doctrine of ultra-vires - Articles of
Association: meaning, purpose, form, contents, binding nature, alterations and
the doctrines of indoor management and constructive notice - relation between
Memorandum and Articles Consequences of incorporation - uses and abuses of
the corporate form - lifting of corporate veil Theories of corporate personality

Unit II
Different modes of corporate financing Equity Finance:-share and share capital -
meaning, nature and kinds - various rights and duties attached to these shares -
pre-emptive rights and variation of class rights - prospectus: Issue, contents,
kinds and liability for misstatements - statement in lieu of prospectus -
information disclosure - issue and allotment of shares -shares without monetary
consideration, Non-opting equity shares - share transfer, surrender, forfeiture and
transmission of shares - share certificate - share warrant dividends - membership
in company - its acquisition and termination – member and shareholder Debt
Finance: borrowing powers - debenture: nature, issue and kinds – creation of
charges - fixed and floating charges – mortgages - convertible debentures - inter-
corporate Loans and investments Doctrine of capital maintenance – control over
corporate spending - role of Court in protecting the interests of creditors and
shareholders

Unit III
Company and its various organs including division of powers between Board of
Directors and Company in General Meeting Company meetings and Resolutions:
kinds of Meetings - essential conditions of a valid Meeting - procedure for calling
Company Meetings – Resolutions: kinds and procedures –voting: emerging
trends - E- Governance Directors and other managerial personnel – position,

52
qualifications, disqualifications, appointment, removal, powers, duties and
Liabilities – remuneration –company secretary Appointment of auditor - powers,
rights and liabilities of auditor Corporate abuses and remedies - the balance of
powers within companies - majority control and minority protection - prevention of
oppression and mismanagement - powers of court and Central Government

Unit IV
Emerging trends in corporate social responsibility - corporate criminal liability and
corporate environmental liability Corporate re-structuring – compromises,
arrangements, mergers, acquisitions - reconstruction and amalgamation Winding
up of Company - meaning and types - grounds for compulsory winding up -
appointment, powers and duties of Liquidator - contributories - consequences of
winding up

Unit V
Role of Registrar of Companies, Regional Director, National Financial Reporting
Authority, Serious Fraud Investigation Office, SEBI, RBI, National Company Law
Tribunal, National Company Law Appellate Tribunal, Special Courts, High Court
and the Supreme Court in overviewing and regulating the affairs of companies in
India

Suggested Readings:
Clive M. Schmitthoff - Palmer‘s Company Law
L.C.B. Gower - Principles of Modern Company Law
Farrar‘s - Company Law
John Birds et al - Boyle & Birds‘ Company Law
A. Ramaiya - Guide to Companies Act
G. K. Kapoor (Dr.) & Sanjay Dhamija - Taxmann‘s Company Law and Practice
Avtar Singh (Dr.) - Company Law

53
Course Name: Law of Evidence Course Code: LLB0502
Course Duration: 45 hours CIA/SEE : 30/70

Unit I
Nature and Purpose of Law of Evidence - Real Evidence - Circumstantial
Evidence - DirectIndirect - Fact - Fact in issue - Proof - Relevancy – Admissibility
- Golden Rule of Evidence

Unit II
Facts - Facts to Prove Conspiracy Admissible Evidence - Res Gestae –
Occasion - Motive-Preparation - Explanatory facts -Similar Facts – Accidental -
Intentional Acts - Admission - Confession - Confession to Police.

Unit III
Statements of persons who cannot be called as witnesses - Dying Declaration -
Statement under Special Circumstances - Evidentiary Value of Judgments -
Opinion Evidence - Digital Evidence -Character in Civil and Criminal Cases

Unit IV
Proof - Proved – Disproved - Not Proved - Facts Need Not be Proved - Methods
of Proof - Oral and Documentary Evidence - Presumption as to Documents -
Exclusion of Oral Evidence - Ambiguity

Unit V
Burden Of Proof - Presumption – Estoppel - Privileged Communications –
Witnesses - Accomplice Evidence - Examination of Witnesses - Judges Power to
Ask Question

Suggested Readings:
Ratanlal – The Law of Evidence Woodroffe
Ameer Ali – The Law of Evidence
Sarkar - Law of Evidence
Basu – The Law of Evidence
Avtar Singh - Law of Evidence
Vepa P Sarathi - Law of Evidence

54
Course Name: Law of Direct Taxation Course Code: LLB0503
Course Duration: 45 hours CIA/SEE : 30/70

Unit I
Definition and basic concepts, origin and development of taxation, Canons of
taxation- Adam smith, Various forms of revenue generation- tax, cess, fee, toll,
excise, duties, customs – Methods of taxation- proportional, progressive, Tax
avoidance, evasion, planning, management Constitutional Provisions – federal
polity and taxation issues, budget, finance Act, money bill, limits on taxing
powers – Legislative entries – interstate sale – sale or purchase in the course of
export or import

Unit II
Taxes on Income – residential status – scope of total income -- exempted income
-- basis of charge -- heads of income – Salaries – Income From House Property
– Profits And Gains Of Business Or Profession – Capital Gains Income From
Other Sources

Unit III
Clubbing of income – set off and carry forward of losses -- Liability in special
cases

Unit IV
Authorities of Income Tax - filing of returns and assessment - provisions for
appeal – review -settlement of cases – collection –recovery – refund – penalties,
offences and prosecution – provisions relating to search and seizure

Unit V
Wealth Tax – Charge, Computation, Inclusions and exclusions – Powers of
Authorities, Assessment and Penalties – Appeals, Revision – settlement of cases

Suggested Readings:
Dr. Kailash Rai, - Taxation Laws Kanga
Palkhivala - The Law and Practice of Income Tax (introduction
only) Sugathan, - Law of Sales Tax in Kerala (introduction only)
Sampath Iyengar - Income Tax Law (introduction only)
D.D. Basu -Shorter Constitution of India.

55
V.N. Shukla - Constitution of India.
Sreenivasan - Principles of taxation
Gopalakrishnan - Law of taxation

56
Course Name: Intellectual Property Course Code: LLB0504
Laws
Course Duration: 45 hours CIA/SEE : 30/70

Unit I
Concept of Property – Corporeal and non-corporeal property – tangible and
intangible Property – meaning of intellectual property – concept of protection of
main forms of intellectual property – international convention – world intellectual
property rights organisation

Unit II
Copyrights (Indian Copyright Act, 1957): Introduction to Copyright Law - Brief
Introduction to related International Treaties and Conventions - Subject Matter of
Copyright, Economic and Moral Rights - Authorship and Ownership, Term of
Copyright and Assignment-Licensing - Infringement and Remedies - Exceptions:
Fair Dealing - International Copyright Order - Issues in Digital Copyrights

Unit III
Trademarks (The Trademarks Act, 1999) – Introduction to Trademark Law - Brief
Introduction to related International Treaties and Conventions - Definitions,
Registration of Trademarks, Procedure, Grounds of Refusal and Well Known
Trademarks - Passing Off, Infringement and Exceptions to Infringement Actions,
Remedies - Assignment and Licensing - Intellectual Property Appellate Board -
Conflicts of Trademarks with Domain Name - Unconventional Trademarks

Unit IV
Patent (The Patents Act, 1970) - Introduction to Patent Law - Brief Introduction to
related International Treaties and Conventions - Definitions, Criteria for Patents,
Patentable Inventions - Non-Patentable Inventions - Procedure for Filing Patent
Application - Revocation of Patent, Licensing, Compulsory Licensing - Parallel
Import - Rights of Patentee, Patent Infringement and Defences

Unit V
Industrial Design (The Designs Act, 2000) - Introduction to Designs Law - Brief
Introduction to related International Treaties and Conventions - Definitions,
Registration of Designs and Procedure - Cancellation of Registration of Design -
Piracy of Registered Design and Remedies - Overlapping Between Designs

57
Copyrights and Trademark – Geographical indication – traditional knowledge and
trade secret

Suggested Readings:
N.S. Gopalakrishnan & T.G. Ajitha -Principles of Intellectual Property
B.L. Wadhera -Law Relating to Intellectual Property
S. Narayan, -Intellectual Property Law in India
A. K. Bansal -Law of Trademark in India
V.K. Ahuja -Law Relating to Intellectual Property
Law Elizabeth Verkey -Law of Patents
Jayashree Watal - Intellectual Property Rights in the WTO
and Developing Countries.
P. Narayanan -Law of Trademarks (The Trademarks Act
1999) and Passing Off.
W.R. Cornish - Intellectual Property: Patents, Copyright,
Trademark and Allied Rights.
C.S. Lal -Intellectual Property Handbook: Copyright,
Designs, Patents and Trademarks.

58
Course Name: Banking Laws Course Code: LLB0505
(including Negotiable Instruments Act)
Course Duration: 45 hours CIA/SEE : 30/70

Unit I
Indian Banking System and Reserve Bank---Indian Banking System –
Evolution—social responsibility-- Different Types of banking and their functions—
Commercial Banks—Public sector and Private Sector Banks --Regional Rural
Banks--Co-Operative Banking System— HUDCO--National Bank for Agriculture
and Rural Development (NABARD)-- Small Industries Development Bank of India
(SIDBI)--- Export Import Bank of India (EXIM Bank)—Islamic Banking—ICICI—
IDBI—Scheduled Banks--Nationalization of Banks—International
Bankingconcepts, merits and demerits--RBI as a central bank—Functions of
RBI---New Bank Licensing Policy, 2013 --Cash Reserve Ratio --Statutory
Liquidity Ratio (SLR)

Unit II
Banker – Customer Relationship---Meaning of a Banking Company –Meaning of
customer— Relationship between banker and customer—Rights and Obligations
of a Banker and customer— Opening of account--Pass Book and Statement of
Account ---Special types of customers— precautions--Minor, joint account
holders, company, firm, administrator, trustee, power of attorney--- Various
Deposit Schemes --‗Know Your Customer‘ (KYC) Guidelines of the RBI-Closing
of a Bank Account - Insurance of Bank Deposits-- Salient Features of Deposit
insurance-- Nomination --Settlement of Claims—Banking ombudsman.

Unit III
Law relating to Negotiable Instruments---Introduction—Negotiation-legal aspects
of Promissory note, Bill of Exchange, cheque, travellers‘ cheque—Differences
between them—Liabilities and rights of parties to the Negotiable Instruments- --
Crossing of a Cheque—Different types of crossing-- Endorsements—different
kinds of endorsements- Paying Banker-- Obligations and Protection to Paying
Banker-- Collecting Banker –Obligation and protection-Dishonour of cheque-
remedies-Bill of exchange—noting and protest—Material alteration of negotiable
instruments.

Unit IV

59
Loans Securities and Recovery--- Principles of Lending –overdraft—System of
loans--Credit Worthiness of Borrowers -- Precautions-- Personal Loans --
Consumer Loans-- Secured advances-- Kinds of securities—Guidelines of RBI
against risk—Debt recovery—principles and procedure--Debt Recovery Tribunals
–Recovery under Securitisation Act--Letters of Credit and its advantages—Types
of letter of credit-Rights and responsibility of respective parties

Unit V
Electronic Banking and Information Technology in Banks---Reforms in banking --
Automated Teller Machines (ATMs) – Internet Banking—tele banking --Core
Banking–mobile banking— Electronic clearing system-National electronic fund
transfer—Real time gross settlement---smart card—credit card—debit card—
International cards—Regulatory measures-- Bank fraud— concepts and
dimensions—prevention and detection—remedial measures and punishment—
Risk management—Credit and liquidity risk management—Basel III --important
aspects— Globalization and its effects in banking sector.

Suggested Readings
M.L.Tannan, revised by Datta & S.K. Kataria - Banking Law and Practice
Paget - Law of Banking
L.C.Goyle, - Law of Banking and Bankers
P.N.Varshney, Sultan Chand &Sons - Banking Law and Practice
Avtar Singh - Banking and Negotiable
Instruments A.B. Srivastava - Seth‘s Banking
Law
R.K. Gupta - Banking Law and Practice in 3
Vols. Prof. Clifford Gomez -Banking and
Finance - Theory, Law and Practice
J.M. Holden -The Law and Practice of
Banking M.S. Parthasarathy (Ed.), -
Khergamwala on the Negotiable Instruments Act
S.N.Gupta, -The Banking Law in Theory
and Practice G.S.N.Tripathi (Ed.), -Sethi's
Commentaries on Banking Regulation Act 1949 and Allied Banking Laws
Mukherjee. T.K., -Banking Law and Practice
Information Technology Act, 2000

60
Course Name: Alternate Dispute Course Code: LLB0506
Resolution
Course Duration: 45 hours CIA/SEE : 30/70

Outline of the course:


i. Negotiation skills to be learned with simulated programme
ii. Conciliation skills
iii. Arbitration Law and Practice including International Arbitration and
Arbitration Rules Different kinds of ADR systems – Tribunals –
Ombudsman – Arbitration – Conciliation, Negotiation and Mediation
iv. Awards – Making of Arbitral awards – form and Contents of Awards
v. Access to justice movement in India – increasing importance and focus
on ADR system in India – Equal justice for all and Legal Aid Clinics. Lok
Adalats as means of dispute resolution through conciliation and
mediation- The legal services Authorities Act- Funds for legal aid
Organisation- Power and Awards of Lok Adalats – Neethi mela- Lok
nyayalaya – Gram Nyayalaya under decentralised Local Government
bodies

The course is required to be conducted preferably by senior legal practitioners


and academicians through simulation and case studies. Evaluation may also be
conducted in practical exercises at least for a significant part of the evaluation.
The students are required to maintain a record of the practical works, exercises,
assignments etc.
Out of the 100 internal marks for the paper, 25 marks shall be set apart for an
internal viva-voce to be conducted by a Board comprising of a practicing lawyer
and two Senior Law faculty of each institution.
Conduct of classes and distribution of marks shall be as follows.
i. Effective Participation in two Lok Adalats -10 marks
ii. Test paper based on Arbitration Law -15 marks
iii.Test Paper on Legal Services Authority Act -15 marks
iv. Mediation/arbitration/conciliation proceedings (presented by groups of 5
students each on the basis of problem provided by the teacher in charge) -15
marks
v. Practical Record - 20 marks
vi. Viva voce -25 marks

Statutory Materials:
61
1. Legal Service Authorities Act, 1987
2. Arbitration and Conciliation Act, 1996

62
Course Name: Law of Indirect Course Code: LLB0601
Taxation
Course Duration: 45 hours CIA/SEE : 30/70

Unit-I

Types of taxes - direct and indirect – merits and demerits - History, types and
methods of indirect taxation – policies of indirect taxation constitutional provisions
relating to indirect taxation – relevant Taxation Enquiry Committee Reports

Unit-II

Central Excise Act 1944 -- Definitions – Concept of manufacture, deemed


manufacture, Basic concepts of levy and collection, valuation of goods, penalties

Unit-III

Customs Act – custom port, airports, warehouse, prohibition on


import/exports/illegal exports, Fixation of duty, Powers of authority, search,
seizure, arrest, confiscation, penalties, presumption as to documents, transport
by sea

Unit-IV

Value Added Tax – History – General Principles – Special Reference to Kerala


Value Added Tax – Sale, Dealer, Registration, Levy, Returns, Assessment,
Powers of Authorities, Penalties –

Unit-V

Goods and Services Tax---Constitutional basis for GST – Justification for GST –
Central GST, State GST, IGST Model – merits and demerits of the new system

Suggested Readings:

Dr. Kailash Rai -TaxationLaws


Malhotra and Goyal – Direct Taxes Law and Practice (Wealth
Tax Part only) Singhania V. K. – Direct Taxes Law and Practice
R. B. Sethe – Central Excise Act and Rules
Dr. Hemalatha Rao – Value Added Tax (Design and Policy
Issues) Chandrakanth. T . Shah and Pradeep shah – VAT Simplified, Explained
& Illustrated
63
Course Name: Public International Course Code: LLB0602
Law
Course Duration: 45 hours CIA/SEE : 30/70

Unit I

International Law-definition-sources-relation with municipal law-subjects of


international law theories as to the basis of international law-subjects of
international law-states-individuals international organizations

Unit II

State-incidence-various types of states-recognition of states-territorial


sovereignty-state jurisdiction-civil-criminal-extradition-asylum-privileges,
immunities of foreign states-diplomatic and consular relations–Transmission of
rights and duties-state succession-territorial sovereignty and domestic
jurisdiction-doctrine of reversion

Unit III

The law of treaties-conclusion of treaties-reservations-entry in to force- deposit


and registration invalidity of treaties-invalidity-termination and suspension-
application and effects of treaties amendments and modifications- interpretations
of treaties

Unit IV

International organizations-Legal personality-performance of acts in the law - The


U.N. General Assembly–Security Council–U.N.–Peace enforcement and
peacekeeping–Economic and Social Council–International Court of Justice–
Organization of Courts–Jurisdiction

Unit V

Law of the Sea – Territorial Sea – Contiguous Zone – Continental Shelf –


Exclusive Economic Zone – emerging issues
Suggested Readings:
Starke – International Law
Brownlie – International Law
Oppenheim – International Law
S. K. Kapur – Public International Law

64
Course Name: Land Laws (including Course Code: LLB0603
Tenure and Tenancy System)
Course Duration: 45 hours CIA/SEE : 30/70

Unit- I

Indian Systems of Law and relation in real property – concept of property and
Constitutional Provisions – Articles 31 and 300 – Land Reforms basic concept of
Gandhian Philosophy – Land to the Tiller Policy – Indian Development and
Socialistic Society – Land Reforms- Ideology and Practice

Unit- II Land Acquisition – Public Purpose – Compensation and Remedies –


modern Economic Development and Importance of Real Property – Land
Conservation – Land Utilisation

Unit- III

Protection of Tribal Land, Forest Land, Wet Land etc

Unit-IV

Land Reforms Legislation – fixity of tenure, resumption, restoration – nature of


tenant‘s rights – purchase of landlord‘s right by cultivate tenant

Unit-V

Element of environment and land laws- Protection of tribal land- forest land –
wetlands- agricultural land – lands of ecological significance- rural and urban
land utilisation and land development

Suggested Statutes:

Land Reforms Act, 1963

Land Acquisition Act, 2003

Urban Land (Ceiling and Regulation)Act, 1976

Land Conservancy Act, 1957

65
Course Name: Interpretation of Course Code: LLB0604
Statutes and Principles of Legislation
Course Duration: 45 hours CIA/SEE : 30/70

Unit 1

Introduction: Interpretation - Meaning, Objects and Scope of – Difference


between interpretation and construction – Statutes – Nature and Kinds -
Commencement, operation and repeal of statutes - Purpose of interpretation of
statutes - Basic Sources of Statutory Interpretation - The General Clauses Act,
1897: Nature, Scope and Relevance (Ss.6- 8) – Aids to Interpretation: Internal
aids and External Aids.

Unit II

Rules of Statutory Interpretation and Presumptions in statutory interpretation:


Primary Rules – Literal rule, Golden rule, Mischief rule (rule in the Heydon's
case), Rule of harmonious construction – Secondary Rules: Noscitur a sociis,
Ejusdem generis, Reddendo singula singulis – Presumptions: Statutes are valid,
Statutes are territorial in operation, Presumption as to jurisdiction, Presumption
against what is inconvenient or absurd, Presumption against intending injustice,
Presumption against impairing obligations or permitting advantage from one's
own wrong, Prospective operation of statutes. Interpretation with reference to
the subject matter and purpose: Restrictive and beneficial construction,
Interpretation of – Taxing statutes, Penal statutes, Welfare legislations,
substantive and procedural statutes, directory and mandatory provisions,
enabling statutes, codifying and consolidating statutes, statutes conferring rights,
statutes conferring powers, Statutes affecting the state, Statutes affecting the
jurisdiction of courts

Unit III

Maxims of Statutory Interpretation: Maxims – Delegatus non potest delegare,


Expressio unius exclusio alterius, Generalia specialibus non derogant, In pari
delicto potior est conditio possidentis, Ut res magis valeat quam pereat,
Expressum facit cessare tacitum, In bonam partem

Unit IV

66
Interpretation of the Constitution: Rule of Harmonious construction, Doctrine of
pith and substance, Colourable legislation, Ancillary powers, Occupied field,
Residuary power, Doctrine of repugnancy

Unit V

Principles of Legislation: Law-making - the legislature, executive and the judiciary


- Principle of utility - Relevance of John Rawls and Robert Nozick - individual
interest to community interest - Operation of these principles upon legislation -
Distinction between morals and legislation

Suggested Readings:

P. St. J. Langan -Maxwell on the Interpretation of Statutes


Vepa P. Sarathi - Interpretation of Statutes
G.P. Singh - Principles of Statutory Interpretation
Bentham - Theory of Legislation
Bakshi - Legislation
Brown - Underlying Principles of Modern Legislations
Dr. Nirmal Khanthi Chakravarthi – Principles of Legislation and Legislative
Drafting
S.G.G. Edgar -Craies on Statute Law
Swarup Jagadish -Legislation and Interpretation
K.Shanmukham -N.S.Bindra‘s Interpretation of Statutes
M.P.Jain -Constitutional Law of India
V.N.Shukla -Constitution of India
U.Baxi -Introduction to Justice K.K.Mathews,
Democracy Equality and freedom
P.K. Tripathi -Spotlight on Constitutional Interpretation
M.P. Tandon -Interpretation of Statutes

67
Course Name: Gender Justice and Course Code: LLB0605
Feminist Jurisprudence
Course Duration: 45 hours CIA/SEE : 30/70

Unit -I
Women empowerment as a social change – Role of law in empowering women –
Feminism and Feminist Jurisprudence – Emergence of feminism and feminist
jurisprudence -Different theories of feminism and feminist jurisprudence-
Distinction between ―sex‖ (nature) and ―gender‖ (culture)-Concept of gender
justice – Gender Discrimination – Gender Equality

Unit - II
Gender Justice under the Constitution of India – Social justice and gender justice
- interrelationship – Article 14, 15 and 16, Article 21& 23, Directive Principles of
State Policy and fundamental duties- Reservation under 73rd &74th
Constitutional amendment – Judicial approaches to equality – Formal and
Substantive equality – Sameness, Correctionist and Protectionist approaches of
Judiciary – Role of Human Rights Commissions,Women‘s Commissions and
judiciary in ensuring Gender Justice

Unit- III
Personal laws and Gender Justice –– Marriage and Divorce, Maintenance-
guardianship-adoption Inheritance Right, Uniform Personal Code, Concept of
Matrimonial property – emancipation of Women – Empowerment of Women and
Local Self Government

Unit- IV
Gender Justice and Criminal Law – Protection of women‘s interests under IPC –
relevant offences Dowry death -Rape - Bigamy - Adultery .Cruelty to married
women – Criminal Law Amendment Act 2013 – Special legislations for Women –
Prisons Act 1894, Factories Act 1948, Mines Act 1952, Immoral Traffic
(Prevention Act) 1956, Dowry Prohibition Act 1961, Maternity Benefit Act 1961,
Medical Termination of Pregnancy Act 1971, Equal Remuneration Act 1976,
indecent Representation of Women (Prohibition) Act 1986, Commission of Sati
(Prevention) Act 1987, Pre-conception and Prenatal Diagnostics Techniques
(Prohibition of sex Selection) Act 1994, Prevention of Women from Domestic
Violence Act 2005, Sexual Harassment of women at Workplace (Prevention,
Prohibition and Redressal) Act 2013
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UNIT V
Gender Justice under International Conventions and Declarations – Judicial
Attitude towards Gender Justice

Suggested Readings:

Prof.(Dr.) G.Rajasekharan Nair - Gender Justice under Criminal Justice


System G.B.Reddy - Women and the Law
S.P.Sathe - Towards Gender Justice,
Lalita Dhar Parihar - Women and Law: From Impoverishment
to Empowerment.
Rathin Bandyopadhyay (ed), - Women Rights Human Rights
Patricia Smith (ed.) - Feminist Jurisprudence
Ratna Kapur and Brenda Crossman - Subversive Sites: Feminist Engagements
with Law in India
Paras Diwan and Piyush Diwan - Women and Legal Protection Susan
Edwards (ed.) - Gender, Sex, Law
Catherine A. Mackinnon - Towards a Feminist Theory of the State
Indu Prakash Singh - Women, Law and Social Change in India
Anjani Kant - Women and the Law

69
Course Name: Moot Court Exercise Course Code: LLB0606
and Court Visit
Course Duration: 45 hours CIA/SEE : 90/10

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

i) Moot Court (30marks) Every student may be required to do at least


three moot court exercises in a year with 10 marks for each. The moot
court work will be on assigned problem and it will be evaluated for 5
marks for written submissions and 5 marks for oral advocacy.
ii) Observance of Trial in two cases, one civil and one criminal (30marks)
Students may be required to attend two trials in the course of the last
two or three years of LL.B. studies. They will maintain a record and
enter the various steps observed during their attendance on different
days in the court assignment. This scheme will carry30 marks.
iii) Interviewing techniques and Pre-trial preparations (30 marks): Each
student will observe two interviewing sessions of clients at the Lawyer‘s
Office/Legal Aid Office and record the proceedings in a diary, which will
carry 15 marks. Each student will further observe the preparation of
documents and court papers by the Advocate and the procedure for the
filing of the suit/ petition. This will be recorded in the diary, which will
carry 15 marks.
iv) Internal viva-voce The fourth component of this paper will be an internal
viva voce examination on all the above three aspects. This will carry 10
marks. The viva-voce will be conducted by three senior Law faculty
members of the institution.

Reference:

1.Amita Dhanda, Moot Court for Interactive Legal Education.

70
Course Name: Internship Programme Course Code: LLB0607
Course Duration: 45 hours CIA/SEE : 50/__

Each registered student shall have completed minimum of 12 weeks internship


during the entire period of studies, provided that such internship in any year
cannot be for a continuous period of more than 4 weeks. The internship for four
weeks shall preferably be done during each summer vacation in every year of the
Course. The internship may be done under NGOs, Trial and appellate advocates,
Judiciary, Legal Regulatory Authorities, Legislatures and Parliament, other Legal
Functionaries, Market Institutions, Law Firms, Companies, Local Self
Government, and other such bodies where law is practiced either in action or in
dispute resolution as directed by the head of the institution.

Each student shall keep Internship Diary in such form as prescribed by the
faculty concerned and on successful completion of Internship every year the
diary shall be submitted to the faculty concerned. The Diary shall be assessed by
the teacher in charge each time by signing the record/diary and a maximum of 50
marks shall be awarded at the end of the Course.

71
Course Name: Programme Viva Voce Course Code: LLB0608
Course Duration: 0 hours CIA/SEE : __/50

There shall be a Programme viva-voce, carrying 50 marks, to be conducted at


the end of the Programme. This shall be done by a Board of three members, of
whom one shall be external, appointed by the University in this regard. The
students are evaluated for their academic skill and performances during the
course including their performance in the internship programmes.

72

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