SBRR MAHAJANA LAW COLLEGE

Jayalakshmipuram, Mysore – 570012

1st Year of 3 Year LL.B

2020-2021
SEMESTER – I

Constitutional Law - I
Objectives: The purpose of the course is to acquaint the students with the idea that the
Indian Constitution is a normative Constitution with value aspirations. The Indian
Constitution envisages establishing a justice system with legal technique. The basic
postulate of Constitution like the Constitutional Supremacy, Rule of law and Concept of
Liberty are emphasized in this paper. Exhaustive analysis of Fundamental Rights and
committed approach to Directive principles would form the essence of the course. Course
Content:

UNIT-I: Meaning & Definition of Constitution: kinds of Constitution, Constitutionalism,

Salient features of Indian Constitution. Preamble: Meaning, Scope, Importance, Objectives
and Values enshrined in the Preamble. Citizenship- modes of acquisition & termination.

UNIT-II: State: Definition under Article 12, New Judicial trends on concept of State Action
- need for widening the definition. Definition and Meaning of Law: Pre- Constitutional and
Post- Constitutional Laws, Doctrine of Severability and Doctrine of eclipse, Judicial
Review and Article 13. Equality and Social Justice: General Equality Clause under Article
14, New Concept of Equality, Judicial Interpretation on Equality.

UNIT-III: Protective Discrimination and Social Justice under Articles 15 and 16, New
Judicial trends on Social Justice, Constitutional Provisions on Untouchability under Article
17. Right to Freedom: Freedom of Speech and Expression, Different dimensions - Freedom
of Assembly, Association, Movement and Residence, Profession, Occupation, Trade or
business, Reasonable restrictions.

UNIT-IV: Rights of the Accused: Ex-post facto Law; Double jeopardy — Right against
self incrimination (Article 20). Rights of the arrested person, Preventive Detention Laws
(Article 22), Right to Life and Personal Liberty, Various facets of Life and Liberty
(Article.21), Right against Exploitation, Secularism - Freedom of Religion, Judicial
interpretation, Restrictions on freedom of religion.

UNIT-V: Cultural and Educational Rights of minorities - Recent trends - Right to

Constitutional Remedies: Article 32 and 226 — kinds of writs - Right to property (prior to
1978 and the present position), Directive Principles of State Policy and Fundamental
Duties- inter relation between fundamental rights and directive principles.
Prescribed Book: 1. Dr. V.N. Shukla — Constitution of India
2. M. P. Jain- Indian Constitutional Law
Reference Books:
1. H. M. Seervai — Constitutional Law of India, 2. T.K. Tope — Constitutional Law, 3.
D.D. Basu Shorter Constitution of India,4. S. Shiva Rao- Framing of Indian Constitution,
5. Subhash. C. Kashyap - Parliamentary Procedure,6. Subhash. C. Kashyap — History of
Indian Parliament,7. R.C. Agarwal-Constitutional Development and National Movement
8A.B. KeithConstitutional History of India. 9.D.J. De — The Constitution of India Vol.I
and IL.

Contract – I
Objectives: Contracts are at the basis of majority of transactions especially transactions
dealing with the property. Whether the transaction is in the ordinary course of life or in the
electronic world (e-commerce) the general principles governing contracts remain same.
For this reason it is very important to introduce the students to the basic principles
governing contracts and lay a powerful foundation for their study of other transactional and
related laws in subsequent semesters. Course contents:

UNIT–I: Formation of Contract – Agreement and Contract – Definitions – Classification -

Offer and Acceptance – Communication – Revocation – Essential elements – Invitation to
Offer – Tenders. 5 Consideration – NudumPactum - Essential elements – Privity of
Contract and of Consideration – Exceptions – Unlawful Consideration and its effect – e-
contract.

UNIT–II: Capacity to Contract – Minor’s Agreements and its effects – Agreement of

Persons of unsound mind and Persons disqualified by Law. Free Consent – Coercion -
Undue influence – Misrepresentation – Fraud – Mistake – Legality of Object – Void
Agreements –and Contingent Contracts.

UNIT–III: Modes of Discharge of Contracts - Time and place of performance –

Performance of reciprocal promises - Appropriation of Payments – Discharge by
Agreement, operation of Law, frustration (Impossibility of Performance) and by Breach
(Anticipatory and Actual).

UNIT–IV: Remedies for Breach of Contracts – Damages –Kinds of damages - Remoteness

of damages – Ascertainment of damages - Quasi Contracts.

UNIT–V: The Specific Relief Act –Sections 9-16, Sections 21, Section 24, Sections 36-42.
Nature of Specific Relief – Recovery of Possession of movable and immovable Property –
Specific performance when granted and not granted – Who may obtain and against whom –
Discretionary remedy – Power of Court to grant relief – Rectification of instruments –
Cancellation – Declaratory decrees – Preventive relief – Temporary injunctions – Perpetual
and Mandatory Injunctions.

Prescribed Books: 1. Singh, Avtar, Law of Contract and Specific Relief, 11th Edition,
(Lucknow: Eastern Book Company, 2013) Reference Books: 1. Pollock and Mulla, Indian
Contract and Specific Relief Act,14th Edition, (New Delhi: Lexis Nexis, 2013) 2. Smith,
Stephen A and P.S Atiyah, Atiyah’s Introduction to the Law of Contract, 6th Edition,
(Oxford University Press: Claredon Law Series, 2006) 3. G. C. Cheshire and Fifoot, Law of
Contract,10th Edition, ( New Delhi: Lexis Nexis, 2010) 4. Anson, William, Law of
Contract, 29th Edition, (Oxford University Press, 2010) 5. Maine, Henry, Ancient Law, 4th
Edition, (London: Albemarle Street, 1870

Law of Torts
Objectives: This course is designed to study the principles of Tortious liability, the
defences available in an action for torts, the capacity of parties to sue and be sued and
matters connection there with. Further, this course is designed to study specific torts against
the individual and property. With rapid industrialization, inadequacy of the law to protect
the individual is exposed. An attempt shall be accorded to the individuals against mass torts
and industrial torts. Keeping in the expensive character of judicial proceedings the students
should reflect on the alternative forms, and also the remedies provided under the Consumer
Protection Act, 1986. Course contents:

UNIT-I: Evolution of law of torts- Nature and scope of law of torts- Meaning- Torts
distinguished from Contract- Crime- Development of Ubi jus ibi Remedium- Mental
elements-Intention, Motive, Malice in Law and in Fact.

UNIT-II: General Defences, Vicarious Liability.

UNIT-III: Negligence; Nuisance; Absolute and Strict liability, Legal Remedies-Awards-

Remoteness of damage.

UNIT-IV: Torts against person: Torts affecting body- Assault, Battery, Mayhem and False
Imprisonment; Torts affecting reputation-Libel and Slander, Torts affecting
freedomMalicious Prosecution, Malicious Civil Action and Abuse of Legal Process; Torts
affecting domestic and other rights-Marital Rights, Parental Rights, Rights to Service,
Contractual Rights, Intimidation and Conspiracy; Torts against property.

UNIT–V: Salient features of Consumer Protection Act, 1986, Who is consumer, Defect in
goods, Deficiency in services, Medical services, Remedies to consumers, Consumer
Disputes Redressal Agencies, Limitation for filing complaints, Penalties. Salient features
of MV Act, 1988, Liability without fault in certain cases, Insurance of Motor Vehicles
against third party risks, Claims Tribunal, Offences, Penalties and Procedure. Prescribed
Books: 1. Ratanlal and Dhirajlal, The Law of Torts, 26th Edition, (New Delhi: Lexis Nexis,
2013) 2. Gurubax, Singh, Law of Consumer Protection. (Jaipur: Bharat Law Publications,
1992)

Reference Books: 1. Rogers, W.V.H, Winfield and Jolowicz on Tort, 15th Edition,
(London: Sweet and Maxwell, 1999). 2. Howarth, David and Janet O’ Sullivan, Hepple,
Howarth and Matthew’s Tort: Cases and Materials, 5th Edition, (New Delhi :Lexis Nexis,
2000) 3. Baxi Upendra and Danda Amita, Valiant victims and Lethal Litigation-The
Bhopal Case, Indian Law Institute (Bombay: 1990) 4. Heuston R.F.V and R. A. Buckley,
Salmond and Heuston on the Law of Torts, 26th Edition, (U.K: Sweet and Maxwell
Ltd,1996) 5. Singh, Avtar, Introduction to the Law of Torts (and Consumer Protection),
(Lexis Nexis Butterworths: 2009) 6. Saraf D. N, Law of Consumer Protection in India,
(Bombay: N.M. Tripathi, 1990

Family Law-I - Hindu Law

Objectives: The course is designed to endow the students with knowledge of both the
codified and uncodified portions of Hindu law. The course concerns itself with the sources,
schools, institutions, succession, maintenance, menace of dowry, etc. Course contents:

UNIT–I: The Concept of Dharma - Sources of Hindu Law – Ancient and Modern -
Importance of Dharma Shastra on Legislation – Mitakshara and Dayabaga Schools of
Hindu Law - Application of Hindu Law.

UNIT–II: Marriage and Kinship - Evolution of the Institution of Marriage and Family- Law
Prior to Hindu Marriage Act -A detailed study of Hindu Marriage Act, 1955 -Matrimonial
Remedies - Maintenance and Alimony; Customary Practices and legislative provisions
relating to dowry prohibition.

UNIT–III: Hindu undivided family – Mitakshara Joint Family - Formation and Incidents -
Property under both Schools – Kartha: His Position, Powers, Privileges and Obligations -
Debts – Doctrine of Pious Obligation - Partition and Reunion –Religious and Charitable
Endowment.

UNIT–IV: Inheritance and Succession - Historical perspective of traditional Hindu Law

relating to Inheritance - Hindu Succession Act, 1956. Stridhana- Woman’s Property -
Amendments to Hindu Succession Act; Gifts and Testamentary Succession – Wills.

UNIT–V: Law relating to Hindu Minority and Guardianship: Kinds of Guardians; Duties &
Powers of Guardians; A detailed study of Hindu Adoption and Maintenance Act, 1956;
Maintenance: Traditional Rights and Rights under Hindu Adoption & Maintenance Act
1956.

Prescribed Books: 1. Diwan, Paras, Modern Hindu Law, (Faridabad: Allahabad Law
Agency, 1993)
Reference Books: 2. John D. Mayne, A Treatise on Hindu Law and Usage, 9th Edition,
(Madras: Higginbotham, 1922) 3. Mulla, Principles of Hindu Law, (New Delhi: Lexis
Nexis Butterworths, 2007) 4. Diwan, Paras, Law of Adoption, Ministry, Guardianship and
Custody (Universal: 2000) 5. J. D. M. Derrett – Hindu Law – Past and Present, (Calcutta: A
Mukherjee & Co., 1957) 6. N. Raghavachar, Hindu law

Criminal Law-I: Indian Penal Code

Objectives: This course is designed to understand the meaning of crime, methods of
controlling them and the essential principles of criminal liability by a study of a range of
offences under the Indian Penal Code. Course contents:

UNIT–I: General Principles of Crime; Conceptions of Crime; Distinction between Crime

and other wrongs under common Law. Principles of criminal liability – Actus reus and
mens rea (also statutory offences) and other maxims; Variations in liability – Mistake,
intoxication, compulsion, legally abnormal persons; Possible parties to the crime: Principal
in the I degree; Principal in the II degree; Accessories before the fact; Accessories after the
fact. Indian Penal Code: General Explanation: From Section 1 to 5, Sections 6, 7, Sections
21 to 30, 32 to 37 and section 52 & 52A, Punishment: From Sections 53 to 55A, 63, 64, 65,
Section 73 to 75.

UNIT–II: General Exceptions: Sections 76 – 106; Abetment: Sections 107 – 120; Criminal
Conspiracy: Sections 120A & 120B; Offences against State: Sections 121 – 130; Offences
against the public tranquility: Sections 141 – 160; Difference between Section 34 & 149-
Offences relating to election: Contempt of lawful Authority and Public Servants (Brief
discussion): Sections 172 – 190. False evidence: Sections 191 – 197, 208 – 212: Offences
relating to coins and Government Stamps: Sections 230 to 240 & 263A; Public Nuisance &
Private Nuisance: Offences relating to religion: Section 295 – 298.

UNIT–III: Offences affecting human life: (Section 299 to 311) - Hurt, Grievous Hurt -
Wrongful restraint - Wrong confinement - Criminal force and Assault.

UNIT–IV: Kidnapping, Abduction – Sexual offences: Rape: custodial rape, marital rape
(Sections 375 – 377) – Offences against property: Theft, robbery and dacoity - Criminal
Misappropriation of property - Criminal breach of trust - Receiving of stolen property –
Cheating - Fraudulent deeds and disposition of property.

UNIT–V: Mischief - Criminal Trespass - Offences relating to document and property

marks - Offences relating to marriage (Sections 493 – 498 A) - Defamation (Sections 499 –
502); Criminal intimidation and annoyance and attempt to commit such offences (Sections
506 – 511).
Prescribed Books: 1. Rathanlal and Dhirajlal, The Indian Penal Code, (New Delhi: Lexis
Nexis Butterworths Wadhwa Nagpur 2012) 2. Turner, Cecil J.W., Kenny’s Outlines of
Criminal Law,( New York: Cambridge University Press 2013).
References Books: 1. K. D. Gaur, A Text Book on the Indian Penal Code, (New Delhi:
Universal Publishing Co., 2012) 2. K.I Vibhuti, P. S. Achuthan Pillai’s Criminal Law,
(Lexis Nexis Butterworths Wadha Nagpur: 2012) 3. Williams, Glanville Text Book of
Criminal Law, (New Delhi: Universal Law Publishing Co., 2012)
 English (For those who write examination in Kannada)

Objectives: English is a forceful language with a rich vocabulary that can make a positive
impact on the outcome of a case. Knowledge of English is essential to understand the
precepts, principles and underlying meaning of the Law. Some judgments may come in
vernacular languages at the lower courts, but the importance of English both at the lower
and higher courts cannot be denied. A budding lawyer with a good command over the
regional as well as English language can become a competent judicial officer as well as a
successful lawyer. So, the need of the hour is to perform well in the field of Law. The prose
text introduces a student to the nuances of the legal profession and the social
responsibilities of a lawyer. The syllabus also aims to strengthen the basic features of the
English language, as well as the importance of vocabulary and their usage. Comprehension
of unseen passages helps to understand important ideas and paves the way for logical
thinking. Translation is an intellectual and demanding task, as it fine-tunes the drafting
skills and facilitates learning as well. Translations of old vernacular legal documents are
vital for the outcome of a case.

UNIT-I: 1. Law and Lawyers — M. K. Gandhi.

UNIT-II: 1. Articles, Parts of Speech/their usage, same word used as different parts of
speech. 2. Identification of errors. 3. Types of sentences, transformation of sentences. 4.
Change of voice. 5. Reported Speech. 6. Idioms. 7. Legal words and their usage.

UNIT-III: Applied writing: 1. Paragraph writing. 2. Report writing/Press report. 3. Precise

writing, Summarizing. 4. Essay writing. 5. Cohesive devices. 6. Comprehension passages.
7. Letter writing.

UNIT-IV: Professional writing: 1. Petitions. 2. Notices. 3. Refutation. 4. Essay writing on

topics of legal interest. 5. Comprehension legal content. 6. Legal words and their usage. 7.
Use of Cohesive legal devices.

UNIT-V: Translation: 1. Principles of Translation. 2. Translation exercises (Translation

from legal texts and decided cases.)

Text and reference books: 1. The law and lawyers by M. K.Gandhi, compiled and edited by
S. B. Kher, Navajivan Publishing House, Ahmedabad. 2. Contemporary English Grammar,
David Green, Macmillan Itd. 3. Legal Language Writing and General English by Dr. S. C.
Tripathi.Central Law Publications. 4. Wren and Martin English Grammar and
Composition. 5. Legal Language, Legal Writing and General English by Dr. S. C.
Tripathi.Central Law Publications. 6. ಅನವದ ಕಲ – ಎಸ . ನಗಭಷಣ 7. ಭಷತರ ಸ ರಭ–
ಲಕ ಷ ಿಮನರಯಣ ಆರ ರ 8. ಭಷತರ ಕಲ – ಪ ರಧನ ಗರದತ 9. ಭಷತರ – ಕನನ ಡ
ವಿ.ವಿ. ಪ ರಕಟಣ 10. ಭಷತರಸಸ ಕ ೃತಿಕ ನ ಲ ಗಳ
– ಕನನ ಡ ವಿ.ವಿ. ಪ ರಕಟಣ