LLB-II SEM
LLB-II SEM
LLB-II SEM
(M.P.)
SYLLABUS FOR
BACHELOR OF LEGISLATIVE LAW (LL.B.)
(THREE YEARS COURSE)
(w.e.f. Year: 2018-19)
SECOND SEMESTER
Theory Assigned for Sessional
Course Total
Name of Course (Internal Evaluation)
No.
MM MIN MM MIN
1 General English-II 60 24 40 16 100
2 Special Contract 60 24 40 16 100
3 Constitutional Law-II 60 24 40 16 100
4 Family Law-I (Muslim Law) 60 24 40 16 100
5 Environmental Law 60 24 40 16 100
6 Company Law 60 24 40 16 100
TOTAL 600
SYLLABUS:
UNIT-I:
Vocabulary
(i) Certain set expressions & phrases
(ii) Foreign words & phrases
UNIT-II:
UNIT-III:
Idioms & Latin phrases, words often confused and misused.
UNIT-IV:
UNIT-V:
Note : In addition to the above questions may be asked on aspects related with this
paper.
Essential Readings-
1. Communication Skill in English, Oxford University Press.
2. Grammar in Application, Oxford University Press.
3. M.K.Gandhi : The Law and the Lawyer, Navjivan Publications,
Ahmedabad, 1962.
4. Ishtiaque Abidi : Law and Language, University Publishers,
Aligarh, 1978.
5. G. Kumara Pillai : A Handbook of English Grammar and
Composition.
6. Denning : Due Process of Law, Butterworth Publication.
7. M.C.Chagla : Roses in December, Bhartiya Vidya Bhawan,
Bombay
Additional Readings:
1. Michael Swan : Basic English Usage, Oxford University Press.
2. M.C.Setalvad : Common law in India, Himalyn Lectures,
Stevens and Sons.
3. Hindi – English Glossary, Vidhi Sahitya Prakashan, Ministry of
Law.
4. Anysta N. Krishnamurthy : Guide to Modern English Grammer
& Composition, Macmillan India
SYLLABUS:
UNIT-I:
1. Indemnity
The concept
Need for indemnity to facilitate commercial transactions.
Methods of creating indemnity obligations.
Definition of Indemnity
Nature and extent of liability of the indemnifier
Commencement of liability of the indemnifier
Situations of various types of indemnity creations.
2. Guarantee
The concept.
Definition of guarantee: as distinguished from indemnity.
Basic essentials for a valid guarantee contract.
The place of consideration and the criteria for
ascertaining the existence of consideration in
guarantee contracts.
Position of minor and validity of guarantee when
minor is the principal debtor, creditor or surety.
Continuing guarantee.
Nature of surety‟s liability
Duration and termination of such liability
Illustrative situations of existence of continuing
guarantee.
Creation and identification of continuing guarantees.
Rights of surety:
Position of surety in the eye of law
Various Judicial interpretations to protect the surety
Co-surety and manner of sharing liabilities and rights.
Extent of surety‟s liability.
Discharge of surety‟s liability.
UNIT-II:
1. Bailment
Identification of bailment contracts in day today life.
Manner of creation of such contracts
Definition of bailment
Kinds of bailors and bailees
Duties of Bailor and Bailee towards each other
Rights of bailor and bailee
Finder of goods as a bailee.
Liability towards the true owner.
Obligation to keep the goods safe
2. Pledge
Pledge: comparison with bailment
Definition of pledge under the Indian contract Act
Rights of the pawner and pawnee.
Pawnee‟s right of sale as compared to that of an ordinary
bailee
Pledge by certain specified persons mentioned
in the Indian Contract Act.
UNIT-III:
Agency
Identification of different kind of agency transactions in day to day
life in the commercial world
Kinds of agents and agencies.
Distinction between agent and servant.
Essentials of a agency transaction
Various methods of creation of agency
Delegation
Duties and rights of agent
Scope and extent of agents‟ authority.
Liability of the principal for acts of the agent including misconduct
and tort of the agent.
Liability of the agent towards the principal.
Personal liability towards the parties
Methods of termination of agency contract
Liability of the principal and agent before
and after such termination.
UNIT-IV:
Partnership
Nature of partnership: definition
Distinct advantages and disadvantages vis-a-vis
partnership and private limited company
Mutual relationship between partners
Authority of partners
Admission of partners.
Outgoing of partners.
Registration of Partnership
Dissolution of Partnership
UNIT-V:
1. Sale of Goods
Concept of sale as a contract
Essentials of contract of sale
Effect and meaning of conditions and warranties in a sale
Implied terms in contract of sale
The rule of caveat emptor and the exceptions
thereto under the Sale of Goods Act.
Unpaid seller and his rights
2. Negotiable Instruments
The concept
Note :- In addition to the above questions may be asked on aspects related with this
paper.
Essential Readings:
Additional Readings:
1. Bhadidari Vidhi Evam Seemit Dayitva Adhiniyam (Law of
th
Partnership & Limited Liability Partnership in Hindi) 7 Edi.
2011 (P/B) - Singh, Avtar
th
2. Introduction to Law of Partnership, 10 Edi. 2011 (P/B) - Singh
Avtar
3. Indian Partnership Act (with LLP Act) - S.C Tripathi
4.
5.
SYLLABUS:
UNIT–I:
Federalism:
Federalism- principles: comparative study
Indian federation: identification of federal features
Legislative relations
Administrative relations
Financial relations
Governor's role
Centre's powers over the states- emergency
Jammu and Kashmir- special status
Challenges to Indian federation
UNIT-II:
Parliamentary Government :
West Minister model- choice of parliamentary government at
the centre and States.
President of India.
Election, qualifications, salary and impeachment
Powers: Legislative, executive and discretionary powers.
Council of Ministers
Prime Minister- Cabinet system- collective responsibility-
individual responsibility.
Coalition government: Anti-defection Law.
Governor and State Government- constitutional relationship.
UNIT-III:
Parliament:
Meaning and Composition of Parliament
Legislative process.
Practice of law- making
Legislative privileges and Fundamental Rights
UNIT-IV:
Judiciary under the Constitution :
Judicial process
Court System
The Supreme Court
High Courts.
Subordinate judiciary
Judges: appointment, removal, transfer and conditions of service:
Judicial independence
Judicial services: nature and people.
Note : -In addition to the above questions may be asked on aspects related with this
paper.
Essential Readings
SYLLABUS:
UNIT-I:
1. CONCEPTION, ORIGIN AND DEVELOPMENT OF MUSLIM LAW
Muslim Conception of Law
Who is a Muslim ?
Origin of Muslim Law
Traditions - Sunnah' and 'Ahadis'
'Shariat" - Meaning of
Religious injunctions
Fiqh
Difference between Shariat and Fiqh
UNIT-II:
1. MARRIAGE (NIKAH)
Definition of marriage (Nikah)
Objects of marriage
Nature of Muslim Marriage
Essentials or formal requirements of marriage
Proposal and acceptance
Competent parties
No legal disability
Duration of Iddat
Valid Retirement
Prohibitative incapacity
Kinds of marriages according to validity
Consequences of a void, irregular and valid marriage
Distinction between void, irregular and valid marriages
Enforcement of lawful conditions of marriage
Presumption of marriage
Remedies available to husband and wife
Restitution of conjugal rights
Payment of dower money
Muta Marriage - Meaning and nature
Polygamy in Islam
Registration
Difference between Shia and Sunni Law of marriage
2. DOWER (MAHR)
Origin
Definition
Nature of Dower
Importance of dower
Legislature's right to make a legislation in respect of reasonable dower
The object of Dower
Increase or decrease of Dower
Classification of dower
Specified Dower (Mahr-i-Musamma)
Prompt Dower
Deferred Dower
Customary (Proper) Dower (Mahri-i-Misl)
Wife's rights and remedies on non-payment of Dower
Difference between Sunni and Shia Laws relating to Dower
Effect of Apostacy on Dower
Suits for dower and Limitation
Kharcha-i-pandan
3. DIVORCE (TALAQ)
Introduction
Difference between Talaq and Divorce
UNIT-III:
1. PARENTAGE, LEGITIMACY AND ACKNOWLEDGEMENT
Parentage - Maternity and paternity
Maternity, how established
Paternity, how established
Legitimacy
Special rules regarding presumption of legitimacy
Legitimacy when conclusively presumed
Legitimacy presumed from presumptive marriage
Legitimacy and legitimation
Acknowledgment
Necessity of acknowledgment of legitimacy
Basic principles of the doctrine
Conditions of a valid acknowledgment
Rule of legitimation by acknowledgment
Effects of acknowledgment.
2. GUARDIANSHIP (HIZANAT)
Definition of guardian
Meaning of Guardianship
Appointment of Guardian
Kinds of guardianship
Guardianship in marriage (Jabar)
Guardian of the person of the minor for custody (Hizanat)
Guardianship of Minor's Property
Legal Guardian
Guardian appointed by the court
De facto Guardian
Removal of guardian
Cessation of the authority of guardianship
Comparison of Sunni and Shia Laws relating to Guardianship
3. MAINTENANCE (NAFAQA)
Introduction
Kharcha-i-pandan
Definition of maintenance
Liability of maintenance
UNIT-IV:
1. Gift (Hiba)
Definition of Gift
Requisites of gift
Parties to a gift
Subject of a gift
Formalities and modes of Gift
Acceptance of gift
Delivery of possession
Different subjects delivery how effected, movable property
Void Gifts
Oral gifts, writing and Registration
Doctrine of Mushaa
Kinds of Mushaa
Revocation of gift
Kinds of gift
Distinction between 'Hiba-bil-Iwaz' and 'Hiba-bil Shartul-Iwaz'
Sadaqah
Ariyul
2. WILL (WASIYAT)
Nature, object and meaning of will
Origin of the law of will
No formality required
Requisites of a valid will
Testator and his competence
Legatee and his competence
Subject of will and its validity
Testamentary power and its limits
o Limitation as regards the person
o Limitation as regards the property
Doctrine of Consent
Revocation of will
Difference between Shia and Sunni Law
3. WAQF (TRUST)
Introduction
Definition
Essential of Waqf
Doctrine of Cypres
Legal incidents of waqf
Doctrine of Mushaa
Waqf how created
Kinds of Waqf
UNIT-V:
1. DEATH-BED TRANSACTIONS (MARZ-UL-MAUT)
What is death-illness-Literal meaning
Test of death-illness
Essentials of death-bed gift
Death-bed acknowledgment of debt
Death-bed waqf
Dower contracted during death-illness
Marriage contracted on death-bed
Comparison of Shia and Sunni Law
Repudiation of marriage by the sick
Essential Books:
Additional Books:
1. R.K.Sinha : Muslim Law
2. A.A.Fayzee : Muslim Law
3. T.Mahmood : Muslim Law
4. Khalid Rasheed : Muslim Law
5. P.C.Jain & P.K.Gupta : Mohammedan Law
6.
SYLLABUS:
UNIT-I:
1. Concept of Environment and Pollution
Environment
o Meaning and contents
Pollution
o Meaning
o Kinds of pollution
o Effects of pollution
UNIT-II:
1. Constitutional Perspectives
UNIT-III:
1. Noise Pollution
Legal control
Kinds of balancing: permissible and impermissible noise.
2. Environment Protection
Protection agencies: power and functions
Protection: means and sanctions
Emerging protection through delegated legislation
o Hazardous waste
o Bio-medical waste
o Genetic engineering
o Disaster emergency preparedness
o Environment Impact Assessment.
o Coastal Zone Management
o Environmental Audit and Eco mark
Judiciary: complex problems in administration of environmental
justice
UNIT-IV:
2. Bio-diversity
Legal control
Control of eco-unfriendly experimentation on animals,
plants, seeds and micro organism.
UNIT-V:
1. International regime
Stockholm conference
Green house effect and Ozone depletion
Rio conference
Note : - In addition to the above questions may be asked on aspects related with
this paper.
Essential Reading:
1. Aarmin Rosencranz : Environmental Law and Policy in India ( 2000 ) Oxford.
2. R. B. Singh & Suresh Mishra : Environmental Law in India (1966), Concept
Publishing Company Ltd. New Delhi.
3. Kailash Thakur : Environmental Protection Law and Policy in India ( 1997),
Deep & Deep Publications, New Delhi.
4. Richard L. Riversz : Environmental Law The Economy and Sustainable
Development (2000), Cambridge.
5. Christoper D. Stone : Should Trees Have Standing and Other Essays on Law,
Morals and the Environment (1996), Oceana
6. Leela Krishnan : Law and Environment (1990 ), Eastern, Lucknow.
7. Leela Krishnan : The Environmental law in India ( 1999 ) Butterworths –
India.
Additional Reading:
1. Department of Science and Technology, Government of India, Report of The
committee for Recommending Legislative Measures and Administrative
Machinery for Ensuring Environmental Protection ( 1980) Tiwari Committee
report.
2. Indian Journal for Public administration, Special number on Environment and
administration, July – Sept. 1988, Vol.XXXV, No. 3, PP.353-801
3. Centre for Science and Environment, The State of India‟sEnvironment 1999-
2000
4. World Commission on Environment and Development, Our Common Future
(1987) Oxford
5. Lectures on Environmental Law (1th Edn.) - Sanjeev K. Chadha
6.
7.
8. ENVIRONMENTAL LAWS - DR. J.J.R. UPADHYAYA
9. ENVIRONMENTAL LAWS - DR. V.N. PARANJAPE
10. Environmental Law - Dr. P.S. Jaswal
11. Environmental Law - H.N. Tiwari
12. Environmental Law 4th Edition, 2012 (P/B) - Shastri Prof. S.C.
13. Environmental Law 2th Edition, 2013 (P/B) - Malik, Sumeet
SYLLABUS:
UNIT-I:
1. Meaning and Introduction of Corporation
Meaning of Company and essential characteristics
Creation and Extinction
Kinds of Company-
o Limited Companies, Guarantee Companies, Private Companies.
o Advantages of a Private Company.
o Conversion of Private Company into Public Company.
o Conversion of Public Company into Private Company.
o One Person Company
o Foreign Company
o Governmaent Companies.
o Holding Company and Subsidiary Company
o Associate Company
o Dormant Company
Difference between Corporate and Non-Corporate Organizations
(Partnership and other associations of person).
UNIT-II:
Law relating to companies- Public and Private
Formation of a company: Registration and Incorporation, Doctrine of
Lifting of Corporate veil.
Memorandum of Association- meaning, various clauses, alteration therein-
Doctrine of Ultra virus.
Article of Association- meaning, binding force- alteration, its relation with
Memorandum of Association- Doctrine of Constructive notice and
doctrine of indoor management- exceptions.
Prospectus- issue- contents- liability for misstatements- statements in lieu
of prospectus.
Promoters- position- duties and liabilities.
UNIT-III:
Share Capital and Debentures
Share- General principles of Allotment, statutory restrictions- share
certificate its objects and effects- Transfer of Shares- Restrictions on
transfer, procedure for transfer- refusal of transfer, role of public finance
institutions- relationship between transferor and transferee- issue of shares
at premium and discount- depository receipts- dematerialized shares
(DEMAT).
Shareholder- who can be and who can not be shareholder- modes of
becoming a shareholder- calls on shares- forfeiture and surrender of
shares- lien on shares.
Share capital- kinds- alteration and reduction of share capital- further issue
UNIT-IV:
1. Management and Control of Management
Directors- positions- appointment- qualifications- vacation of office
removal, resignation- powers and duties of directors- meeting, registers,
loans- remuneration of directors, role of nominee directors- compensation
for loss of office- managing directors and other managerial personnel.
Meetings- kinds- procedure- voting
Dividends- payment- capitalization- profit
Audit and Accounts
Protection of Minority shareholder rights.
Borrowing powers- powers- effect of unauthorized borrowing- charges
and mortgages- loans to other companies- investments- contracts by
companies.
Protection of Oppression and Mismanagement
Investigation- powers
UNIT-V:
1. Companies Incorporated outside India
2. Corporate Liability
(a) Legal Liability of companies- civil and criminal
(b) Remedies against them civil, criminal and tortious- Specific
Relief Act, writs, liability under special statutes.
Note :In addition to the above questions may be asked on New aspects related with this
paper.
Essential Readings:
1. Companies Act, 2013
2. Avtar Singh : Mercantile Law
3. Avtar Singh : Company Law
4. N.V.Paranjpe : Company Law
5. Kailash Rai : Company Law
6. Companies Act, 1956
7. Companies Act, 2013
th
8. Introduction to Company Law 11 Edition, 2014 (P/B) - Singh,
Avtar
9. Company Law - Krati Rajoria
th
10. New Company Law (The Companies Act, 2013) (18 of 2013) (1
Edn.) - S.C. Tripathi
Syllabus for LL.B. (3 years) 19
11. THE NEW COMPANY LAW - DR. N.V. PARANJAPE
Additional Readings:
1. R.R.Maurya : Company Law
2. Palmer‟s : Company Law
3. Business Law (Principles of Mercantile Law) 10th Edition, 2014
(P/B) -Singh, Avtar