TAMIL NADU NATIONAL LAW SCHOOL

(A State University established by Act No.9 of 2012)

B.A., LL.B (HONS) DEGREE COURSE

THIRD SEMESTER

2015-2016

Navalurkuttappattu, Dindigul Main Road, Srirangam Taluk, Tiruchirappalli 620 009

Tamil Nadu, India. www.tnnls.in
 TAMILNADU NATIONAL LAW SCHOOL
TIRUCHIRAPPALLI- 620 009
B.A., LL.B.(HONS.) THIRD SEMESTER
CONTENTS

SUBJECT
SL. NO SUBJECT PAGE NO
CODE

1 HABA History II 1

2 HABB Economics I 5

3 HABC Law of Contracts II 7

4 HABD Family Law I 11

5 HABE Constitutional Law I 17

 TAMIL NADU NATIONAL LAW SCHOOL, TIRUCHIRAPPALLI
B.A., LL.B (HONS) DEGREE COURSE
III SEMESTER

PAPER - I History II (Legal History) SUB.CODE: HABA

The Objective of the Course:

To develop understanding of evolution of modern legal system in India.

UNIT-I: Introduction to Legal History

What is Legal History? Contributions of Henry Maine and F.W Maitland towards
development of this discipline? Importance of learning Legal History Value of
History as a part of contemporary Legal.

UNIT II: Early Developments (1600- 1836)

a. Charters of the East India Company: 1600, 1661, 1726 and 1753
b. Settlements: Surat, Madras, Bombay and Calcutta
c. Courts: Mayors Court of 1726 and Supreme Court of 1774
d. Statutes: Regulating Act, 1773; Pitts India Act, 1784; The Act of Settlement 1781
e. Conflict: Raja Nanad Kumar, Kamaluddin, Patna Case, and Cossijurah
f. Warren Hastings: Judicial Plans of 1772, 1774 and 1780
g. Lord Cornwallis: Judicial Plans of 1787, 1790 and 1793
h. Lord William Bentinck (With special focus on Appraisal of Criminal law.

UNITIII: Evolution of Law and Legal Institutions

a. Development of Personal Laws
b. Development of Law in Presidency Towns
c. Development of Civil law in Mufassil: Special Emphasis on Justice, Equity
and Good Conscience.
d. Development of criminal Law, Theories of punishment
e. Codification of Laws: Charter of 1833, The Law Commissions,
charter of 1853.
e. Establishment of High Courts, 1861
f. Privy Council and Federal Court: Appeals and working of Privy Council,
Appraisal of Privy Council, Features of Federal Court
g. Evaluation: Special Reference to Racial Discrimination, Merit and Demerits.

UNIT IV: Legal Profession and Education

a. Early Developments though Majors Court, Supreme Court,
Companys Adalat, High Court, Legal Practitioners Act of 1879,
The Indian Bar Council Act 1926, All India Bar Committee of 1951.
b. The Advocates Act of 1961: Provisions and Disciplinary powers
c. Law Reporting: Theory of Precedents, Features of Law reporting from 1773 to 1950
d. Legal Education: History and Basic Aims of Legal Education

UNIT V: Constitutional History

a. The Indian Councils Act, 1861

b. The Indian Councils Act, 1892
c. The Indian Councils Act, 1909
d. The Government of India Act 1919
e. The Government of India Act, 1935

UNIT VI: Framing of the Indian Constitution

The Constitutional development from 1935 to 1950 -The Constitution of India 1950
Salient features Issues of federal policy Vs. Centralism, fundamental Rights and
Directive Principles of State Policies Modern judicial system under Indian Constitution
1950

Books Recommended:

Text Book:
1. M.P. Jain Outlines of Indian Legal History
2. V.D. Kulshrehtha Landmarks of Indian Legal and Constitutional History
3. B. M. Gandhi - Landmarks of Indian Legal and Constitutional History,
Eastern Book Company 9th Ed.
4. K.B. Kaith, A Constitutional History of India 1600-1935,2011

Suggested Readings:

1. M.P. Singh Outlines of Indian Legal History

2. Abdul Hamid Constitutional History of India
3. A.C. Kapoor, constitutional History of India
4. Ramajoir, Legal and Constitutional History of India
5. N.M. Tripathi , ModernLegal judicial and constitutional system, Vol.2,2010
References:

a. Calvin Woodard, History, Legal history and Legal Education, Virginia Law
Review, Vol.53, No.1(Jan., 1967), pp.89-121.
b. Elizabeth Kolsy, A Note on the study of Indian Legal History, Law and History
Rerview, Vol.23, No.3(Fall,2205), pp. 703-706.
c. Joan C. Williams, Culture and Certainty: Legal History and the Reconstructive
Project, Virginia Law Review, Vol. 76, No.4 (May,1990), pp. 713-746.
d. Rajeev Dhawan, Means, Motives and opportunities: Reflecting on Legal
Research in India, The Modern Law Review, Vol. 50,No.6(Oct.1987), pp.725-749.
e. Ron Harris, The encounters of Economic History and Legal History, Law and
History Review, Vol.21, No.2(summer 2003), pp 297-346
f. Draper Lewis, A few observations on Law and Sovereignty, Being a Partial
introduction to the study of Legal History, The American Law Register and
Review, Vol.43, No.8 (First Series) Vol.34 (New Series.Vol.2)
( Au.1895),pp.531-542.
g. Joseph Minattur, Indian Legal System, 2nd Ed. ILI Publication, 2006.
 TAMIL NADU NATIONAL LAW SCHOOL, TIRUCHIRAPPALLI
B.A., LL.B (HONS) DEGREE COURSE
III SEMESTER

PAPER II ECONOMICS - I SUB.CODE: HABB

THE OBJECTIVES OF THE COURSE

a) To provide economic reasoning to legal approach.

b) To study and understand why a particular legislation is introduced, amended or
adapted and what are the future prospects of the issue in question and the
legislation in existence and operational.
UNIT I: INTRODUCTION
Introduction to Law and Economics Basic definitions and concepts
Methodology in Economics -Different Schools of Thought
Welfare Economics- Pareto, Pigou and Hicks
Rational Choice Approach and Behavioural Approach

UNIT II: MICRO ECONOMICS

Micro Economics-Consumer Behaviour; Law of Demand and Supply; Cost and
Revenue; Laws of Production; Market Structure.

UNIT III: MACRO ECONOMICS

Macro Economics- Definition- concepts - National Income and its concepts-Classical
&Keynesian Theories of Employment-Keynes Consumption and Saving Functions-
General Equilibrium-Trade Cycle and Inflation

UNIT IV: OTHER BRANCHES

Monetary Economics: Money-Theories of Value of money- Instruments of credit control-

Banking system-Money Market-Capital Market
Fiscal Economics: Public Revenue, Public Expenditure, Budget-Public Debt- Local
Administration
Labour Economics: Labour Theory of Value-wage determination-Labour exploitation-
Trade Unionism
Environmental Economics: Air, water, noise pollution-sustainable development
International Economics; concepts-Classical and Modern Theories of Trade-
Globalisation
UNIT V: SOME IMPORTANT THEORIES and CRITERIA

Game Theory
Prisoners Dilemma
Coase Theorem
Transactions costs
Efficiency Criterion
Equity Criterion
Distributive Justice

PRESCRIBED BOOKS

Cooter, Robert and Ulen, Thomas (2005): Law and Economics, Pearson Education, India
Katz, Avery Wiener (ed.)(1998): Foundations of the Economic Approach to Law, OUP,
New Delhi
Posner, Richard A. (latest edition): Economic Analysis of Law, Little Brown and
Company, Boston
Nurmi, Hannu(2006): Models of Political Economy, Routledge, London
Wittman, DonaldA.(ed.) Economic Analysis of the Law, Selected Readings,
Blackwell(2003)
Ahuja H.L. . Principles of Economics
Koutsianis. Modern Micro Economics
Jhingan M.L. Micro Economic Theory
U. Shankaran Micro Economic Theory
U. Shankaran Macro Economic Theory
Diwedi D. N. Macro Economic Theory and Policy
Vaish M.C. Macro Economics
Jhingan M.L. Macro Economic Theory
Bo Soderstein International Economics
Francis Cherunilam International Economics
Vaish M.C. Monetary Economics

SUGGESTED READINGS
Solomon, John(2000): Economics, Prentice-Hall of India, New Delhi
Samuelson, P.A. and Nordhaus(1998): Economics
Bowles, Roger(1981): Law and the Economy, Martin Robertson, Oxford
Brousseau, Eric and Glachant, Jean-Michel(2002): The Economics of Contracts,
Cambridge University Press
Burrows, Paul and Valjanovski(ed.)(1981) The Economic Approach to Law,
Butterworths
CoaseRonald(2000): The Market, Law and the Economy, Cambridge University Press
Malloy, Paul Robin(1997): Law and the Market Economy, Cambridge University Press
Pearson, Heath(1997): Origins of Law and Economics, Cambridge University Press
 TAMIL NADU NATIONAL LAW SCHOOL, TIRUCHIRAPPALLI
B.A., LL.B (HONS) DEGREE COURSE
III SEMESTER

PAPER III LAW OF CONTRACTS - II SUB.CODE: HABC

(Special Contracts)

Objectives:
a) To understand how certain special types of transactions affecting the daily life of
humans are regulated by the legal mechanism and further
b) To understand how the judicial decisions affect the various special contracts and
its implications.

Methods of teaching-learning:

Case-study method shall be the main method of learning to be followed. Dialectic

method of mooting and argumentation plays a very convincing procedure of learning.
The sharing of information between the teacher and the taught has to be directed towards
bonding of the entire course. Case comment and book review can also be a method of
research writing in this paper.

UNIT-I: LAW RELATING TO INDEMNITY AND GUARANTEE

(A) Meaning of Indemnity - Distinction between English and Indian Law on

Indemnity - Rights of Indemnity-holder - Liability of the Indemnifier - Rights of the
Indemnifier.
(B) Definition of 'Guarantee' - Characteristics of Contract of Guarantee -
Kinds of Guarantees with special reference to Bank Guarantee - Consideration for
Guarantee - Continuing Guarantee - Revocation of Continuing Guarantee - Meaning of
'Surety' - Rights of a Surety (i) as against the Principal -Debtor; (ii) as against the
Creditor and (iii) as against Co-sureties - Liabilities of a Surety - Discharge or
termination of Surety.

UNIT-II: LAW RELATING TO BAILMENT & PLEDGE

Meaning of Bailment - Kinds of Bailment - Rights and Duties of Bailor and

Bailee - Termination of Bailment - Finder of Lost Goods - 'Lien' and its kinds (including
Bailee's lien) - Meaning of Pawn or Pledge - Essentials of Pledge - Persons who can
create pledge - Rights and Duties of Pawnor - Rights and Duties of Pawnee - Distinction
between Pledge and Hypothecation.

UNIT-III: LAW RELATING TO AGENCY

Meaning of 'Agent' - Classification of Agents -Creation of Agency - Rights

and Duties of Agent and Principal - Delegation of Authority - Personal liability of Agent
- (Relation of Agent with Third Parties) - Relation of Principal with Third Party -
Ratification - Termination of Agency.

UNIT-IV: LAW RELATING TO SALE OF GOODS

Nature and scope of 'Goods' - 'Sale' and' Agreement to Sell' - Formation of a

Contract of Sale - Subject-matter of contract of Sale- Conditions - Warranties -
'Caveat emptor' - Rules relating to passing of property and transfer of title Possession
and Risk - Meaning of Delivery - Rules regarding delivery of goods - Rights and Duties
of Seller and Buyer Before and After Sale - Rights of Unpaid Seller - Remedies for
Breach under Sale of Goods Act Hire Purchase Agreement - Auction Sales.

UNIT-V: LAW RELATING TO PARTNERSHIP

Meaning & Nature of Partnership - Relationship of Partners to One Another

Types of Partners Rights and Duties of Partners - Registration of Firms - Dissolution of
a Firm - Limited Liability Partnership Act,2008 - Comparison Between LL.P. And
Conventional Partnership.

Project Work :

Project topic of an individual student inclusive of drafting of concerned

documents is generally finalized by mutual discussion between the teacher and the taught
for the purpose of carrying research and self-learning and writing and presenting a paper.
Research and writing paper is a very highly productive and accredited method of
learning.
 Books for Reference
1. Prescribed Legislations:
I. The Indian Contract Act, 1872
II. The sale of Goods Act, 1930
III. The Indian Partnership Act, 1932
IV. The Limited Liability Partnership Act,2008(6 of 2009)

2. Prescribed Books :

a. R.G. Padia (ed.), Pollock &Mulla, Indian Contract and Specific Relief Acts
(13th Ed., 2006)
b. G.C ., Bharuka, The Indian Partnership Act (7th Ed., 2007)
c. Avtar Singh, Law of Partnership (3rd ed., 2001 with supplement 2003)
d. SanjivAgarwal and RohiniAgarwal, Limited Liability Partnership: Law and
Practice (2009).
e. K. Ramamoorthy, Pollock &Mulla The Sale of Goods Act (7th ed., 2007)
f. V. Krishnamachari and Surender K. Gogia, T.S.Venkatesa Iyers Sale of
Goods Act, 1930 (2002)
g. Avtar Singh, Contract Act (2013 edition), Eastern Law House, Lucknow.
h. Chittys on Contracts, Sweet & Maxwell 32nd Edition
i. Annual Survey of Indian Law published by the Indian Law Institute, Delhi.

3. Recommended Books for Study:

1. V.P. Verma (Rev.), S. D. Singh and J.P. Gupta, Law of Partnership in India
(5th Ed., 1996)
2. Avtar Singh, Contract Act (2013 edition), Eastern Law House, Lucknow.
3. Krishnan Nair, Law of Contract,(1999) Orient
4. Avtar Singh, Principles of the Law of Sale of Goods and Hire Purchase
(1998),
Eastern, Lucknow
5 Dutt on Contract, 2013 Edition Eastern Law House, Lucknow
6. A. G. Guest (ed.), Benjamin`s Sale of Goods (1992), Sweet & Maxwell.
7. Beatson (ed.), Ansons' Law of Contract, (1998), Oxford, London
8. Ramnainga, The Sales of Goods Act (1998), Universal
9. Mulla - The sale of Goods Act and The Indian Partnership Act, by
 Sir.DinshahFardunjiMulla (with a Brief Introduction to the LL.P. Act), 10th
Edn.,
2012.
10. Dr. S.R.Myneni ,Contracts II (Special contracts) , 2010
11. R.K. Bangia, Contract II, 2014 Allahabad Law Agency.

List of Cases:
A case book has to be prepared by the faculty and the same has to be used
as a Study material. The case Book shall be prepared in such manner that
the first principles of law are made known to the students.
 TAMIL NADU NATIONAL LAW SCHOOL, TIRUCHIRAPPALLI
B.A., LL.B (HONS) DEGREE COURSE
III SEMESTER

PAPER IV FAMILY LAW I SUB. CODE: HABD

Course Objectives

To make the student aware about matrimonial and family laws in a broader, social
context.
To introduce the jurisprudence of family law and to give light to the importance of
family as a fundamental unit of society. To make them understand how delicate
and carefully the law related to family disputes are framed and the objectives
behind.
Students will learn the importance of customary law by comparatively analyzing
different personal laws
Recent trends of society with regard to the marriage as an institution and approach
of judiciary will be analyzed so as to improve their analytical and critical thinking
on fast growing ,dynamic society and its impact on family

Detailed outline *

UNIT ONE

General introduction to family law :

Institution of family in various personal laws and civil laws in India
Nature , source and schools of personal laws

Concept of marriage

Basis and evolution of marriage as an institution

Kinds of marriage
Essentials of marriage

UNIT TWO

Dissolution of marriage under different communities in India

Theories of divorce
Dissolution of marriage under personal laws
 Judicial separation
Grounds of divorce
Jurisdiction and procedure

UNIT THREE Matrimonial relief, Maintenance and alimony

Restitution of conjugal rights

Constitutional validity of conjugal rights
Alimony under different personal laws
Maintenance of wife under personal and secular laws
Maintenance of parents and children
Analysis of maintenance of divorced Muslim women under Muslim Women
(Protection of Rights on Divorce )Act 1986

UNIT FOUR

The law on adoption &guardianship

Law relating to adoption of children in India

Capacity of taking and giving in adoption
Who may be taken in adoption
Effect of adoption in families (natural and adoptive family)
Guardianship of person and minors property
Guardianship by affinity

UNIT FIVE

New developing and emerging trends in personal laws and response of judiciary

Gender inequality and religious personal laws in India

Need for family law legislations for nonresident Indians
Religious pluralism and its implications
Live in relationship and surrogacy related law in India
Domestic violence

Teaching methodology

Lecture method with discussions and interactions highly encouraged

Case law method
Evaluation pattern

o Research Project + viva voce- ---- 20+5 marks

o Attendance ----05 marks
o Mid semester examination ----20 marks
o End semester examination ---- 50 marks

Total marks 100

Prescribed Reading

Legal text

1. Hindu Marriage Act, 1955

2. Hindu Adoption and Maintenance Act 1956
3. Hindu Minority and Guardianship Act 1956
4. The Indian Succession Act, 1925
5. Muslim Women (Protection of Rights on Divorce) Act 1986
6. Special Marriage Act, 1954
7. T6he Child Marriage Restraint Act, 1929
8. The Parsi Marriage and Divorce Act, 1936
9. The Indian Divorce Act 1869
10. Dissolution of Muslim Marriage Act 1939
11. Guardian Wards Act, 1890
12. The Muslim Personal Law (Shariat) Act Application, 1937

Books

1. Mayne , john D Treatise on Hindu law & Usage

2. Mulla , D.F Principles of Hindu Law
3. Subbarao, G.C.V Family law in India
4. Kusum Family Law I
5. Ali Ameer The Spirit of Islam
6. Fyzee , A.A.A Outlines of Muhammadan Law
7. Tahir Mahmood &Saif Mahmood Muslim law in India and Abroad
8. B.R Vermas Commentaries on Mohammedan Law
9. Desai KumudLaw of Marriage and Divorce
10. Diwan ParasModern Hindu Law
11. B. M. GandhiHindu Law
12. Irretrievable breakdown of marriage Prof Vijender Kumar
Important cases

1. Suhas H Pophale v Oriental Insurance Co. Ltd and its Estate officer
(2014)4SCC657
2. Raj Kumar Singh V shanti Raghuvanshi
3. Alakananda Hydro power company ltd V anuj Joshi and ors (2013)10SCALE 261
4. National Laegal Services Authority V Respondent :Union Of India (UOI) and ors
2014(5)SCALE1
5. Chappi Devasenamma V Chappi Venkata Subba Reddy vol !, feb 2010 DMC 588
6. Chand patel v Bismillah Begum &Anr 2008 4 SCC 744
7. Arvind Kaur v Harjinder Singh ,AIR 2007 P &H24
8. Manjit Kaur V Mohan Singh, AIR 2007 P&H 66 (NOC)
9. Samar Ghosh V Jaya Ghosh , 2007 (3)SCJ 253
10. Asha Qureshi V Afaq Qureshi ,AIR 2002 MP 263
11. Hamim Ara V state of UP ,AIR 2002 SC 3551
12. S nagalingam Vsivagami (2001)SCC487
13. Daniel Latifi V Union of India (2001)7 SCC 740
14. Lily Thomas V UOI ,AIR 2000 SC 1650
15. Vandana Shiva V J . BandhopadhyayAIR 1999 SC 1149
16. Sarla Mudgal V UOI ,AIR 1995 SC 1531
17. Vimala Bai V Hiralal Gupta (1990) 2 SCC 22
18. Saroj Rani V Sudarshan Kumar AIR 1984 SC 1562
19. T sareetha V T venkatasubbaih AIR 1983 AP 356
20. N G Dastane V S Dastane AIR 1975 SC 1534
 TAMIL NADU NATIONAL LAW SCHOOL, TIRUCHIRAPPALLI
B.A., LL.B (HONS) DEGREE COURSE
III SEMESTER

PAPER-V CONSTITUTIONAL LAW I SUB.CODE: HABE

Objectives of the Course

1. To introduce to the Students, the importance of this Branch of Law as Basic,
Fundamental Law of the Land.
2. To understand that the entire Legal system of the Country its Social,
Economic, Political systems are revolving around the Constitution.
3. To emphasise that the Government is limited by law and fundamental Rights
Doctrine of Judicial Review to uphold the supremacy of the Constitution.
4. To understand the objectives of the Constitution and the State (Preamble and
directive principles).
5. To study the scope and ambit of the territory of India and its units, their
reorganisation.
6. To understand the importance of the individual as a person, as a citizen and the
Legal entities, their Rights, Legal Fundamentals Rights and Enforcement.
7. To emphasis the duties of the people towards the State.
8. To study the inter-relationship between Fundamental Rights and other parts of
the Constitution such as:
a) Fundamental Rights and Directive Principles,(Part-IV)
b) Fundamental Rights and Amendment of the Constitution Art.368
c) Fundamental Rights and Parliament Privileges Art.105 & Art.194
d) Fundamental Rights and Emergency Provisions Art.358&359.
e) Fundamental Rights and Freedom of Trade &Commerce Art.301-304
f) Fundamental Rights Enforcement S.C. Under Art.32 and H.C under
Art.226.

CONSTITUTIONAL LAW I
UNIT-I
Introduction Evolution of Constitution - Limited Constitution - Framing the Institution
Constitutional Assembly Debates - Adoption & Republic Preamble of the
Constitution.

UNIT-II
Part-I: Union & States State Reorganisation Act (SRA) 1956, 2000, 2014 Creation
of new States - boundary disputes citizenship Nationality Residence- Domicile
boundary disputes Part II: Citizenship Act 1955 and Amendments up to 2014
Union territories.
UNIT-III
Part- III: Fundamental Rights Meaning of State Art.12 Meaning of Law U/A 13
Article.13 & 368 Amending power Human Rights &Fundamental Rights Right to
Equality (Art.14-18) Right to Freedom (Art.19-22) Right against Exploitation
(Art.23&24) Right to Religion (Art.25-28).
UNIT-IV
Minority Rights (Art.29&30) Right to Property U/A 31 Art.300 A Globalisation &
Significance of Rights to property Right to Constitutional remedies (Art.32) Martial
Law (Art 33-55).
UNIT-V
Fundamental Rights and other parts of the Constitution
a) Fundamental Rights Part III 31C, 32 and Directive Principles,(Part-IV) Art.37.
b) Fundamental Rights Art. 13(2) and Amendment of the Constitution Art.368
c) Fundamental Rights Art. 19(1)(a) and Parliament Privileges Art.105 & Art.194
d) Fundamental Rights Art. 20,21 and Emergency Provisions Art.358&359.
e) Fundamental Rights Art.19 )(1)(8)and Freedom of Trade and Commerce Art.301-
304
f) Fundamental Rights Enforcement S.C. Under Art.32 and H.C under Art.226.
Prescribed Books (Constitutional Law)
1. Singh, M.P., and V.N. Shukla. Constitution of India. 11th ed. Lucknow: Eastern
Book Co., 2010.
2. Basu, D.D. Constitutional Law of India. 7th Edition. Nagpur: Wadhwa,1998.
3. Jain, M.P. Indian Constitutional Law. 6th Edition. Nagpur: Lexis Nexis
Butterworths Wadhwa,2010.
4. Seervai, H.M. Constitutional Law of India: A Critical Commentary.3 Vols. 4 th .
Edition New Delhi: Universal Law Publishers, 2006.
5. Chandrachud, Y.V. Durga Das Basu Shorter Constitution of India. 13 th Edition
Nagpur: Wadhwa & Co., 2005.
6. Pandey Constitution of India.