LAND LAWS including Tenure and Tenancy System

Objectives of the course

The legislative power to make laws relating to land and land ceiling is in the state list.
Different states have enacted their own laws on this subject. The Constitutional
perspectives relating to this subject have to be taught as an essential part of this course.
The provisions in the Constitution in Part III, IV and XII as well as those in Schedule VII
relating to distribution of legislative powers over land are essentially to be taught with
emphasis. The law relating to land in the state where the students take the course will
have to be selected by the University Boards of Studies as part of the syllabus for this
paper
UNIT-1
 Special features and object of UPZA and L.R. ACT
 Defition, Acqition of Interest of Intermediaries and its consequences
 Gramsabha, Grampanchayat and LMC
UNIT-2
 Classes of Tenure holder,
 Rights of tenure holder
 restrictions, Abandonment, Surrender, Extinction of interests Ejectment
UNIT-3
 Lease of holdings
 Surrender and abandonment
 Allotment of land by LMC and Declaratory suits
 Succession
 Land revenue, Recovery of revenue
UNIT-4
 Revenue courts and revenue authorities
 Procedure and powers of revenue courts and officers
 Maintenance of maps and records
 Appeal ,revision and review
UNIT-5
 U.P. Consolidation of holding Act 1953
 U.P. Panchayat Raj Act 1947
 U.P. Urban building Act 1947
  U.P. Urban Planning and development Act 1973
 U.P. Municipalities Act 1976
BOOKS RECOMMENDED:
 R.R. Maurya : U.P. Land Laws
 C.P. Singh : U.P. Land Laws
 Yatinder Singh : The Uttar Pradesh Imposition of Ceiling on Land  
Holding Act, 1960
 Interpretation of Statute and Legislation

OBJECTIVES:

Enacted laws, i.e. Acts and Rules are drafted by legal experts. Language used will
leave little or no room for interpretation or construction. But the experience of all those
who have to bear and share the task of application of the law has been different. Courts
and lawyers are busy in unfolding the meaning of ambiguous words and phrases and
resolving inconsistencies. The statute is to be construed according ‘to the intent of them
that make it.’ To ascertain the true meaning, intent of the maker, numerous rules of
interpretation were formulated by courts and jurists. The objective of this course is to
make the student familiar with various rules of interpretation.

UNIT – I: Introductory
 Meaning, Scope and Object of Interpretation
 Construction and interpretation
 Nature and Kinds of Law(Statutory, Non-statutory, Codified, Un-codified, State
made and State recognized Law)
 Commencement, enforcement and Repeal of Statutes
 Purpose of Interpretation and sources of Interpretation.
UNIT II Aids to Interpretation
Internal aids
 Title, Preamble.
 Headings and Marginal notes.
 Sections and sub sections, punctuation marks.
 Illustrations, exceptions, Provisions, saving clauses, Explanation and Schedule
External Aids
 Role of Constituent assembly, debate in the Interpretation of Constitution of India
 Legislative History, International Law and Human Rights Documents
 Dictionaries and Translations
 Status in Pari-Materia.
 Text Books
UNIT – III Rules of Statutory Interpretation
Primary Rules:
 Literal or grammatical rule
 Golden Rule
 Mischief Rule
 Harmonious Construction
Secondary Rules:
 Nocitur a Sociis
 Ejusdem Generis
 Reddendo Singula Singulis
UNIT – IV Subsidiary Rules of Statutory Interpretation
 Delegates non potest delegare
 Expression unius exclusio alterius
 Generelia specialibus non derogant
 In pari delicto potior est conditio possidentis
 Utres valet potior quam pareat
 Expressum fact cessare tacitum
 In bonum partem.
UNIT- V Principles of constitutional Interpretation.
 Harmonious construction
 Pith and substance
 Colourable legislation
 Ancillary powers and Residuary powers
 Doctrine of repugnancy
 Territorial nexus
 Doctrine of severability
 others
UNIT VI
 Interpretation of penal statute
 Interpretation of tax statute
  Interpretation clause in different statute
 General Clauses Act
 Jurisprudence and interpretation
 Problems during interpretation

Suggested Reading:
 Interpretation of Statutes and Legislation R.D. Srivastava
 Interpretation of Statutes and Legislation Avtar Singh
 Interpretation of Statutes and Legislation Anirudh Prashad

 BENTHAM : THEORY OF LEGISLATION

 G.P. SINGH : PRINCIPLES OF STATUTORY  

INTERPRETATION

 DICEY : LAW AND PUBLIC OPINION

 MAXWELL : INTERPRETATION OF STATUES

 BINDRA : INTERPRETATION OF STATUES

 J.SWRUP : INTERPRETATION OF STATUES

 CHAKRAVARTI : INTERPRETATION OF STATUES

 DR. BHATTACHARYA, T : KANOONON KA NIRVACHAN

 HUMAN RIGHTS LAW, PRACTICE AND R.T.I.
The objectives of the state can only be attainted through good governance. Human
Rights and RTI both are some similar in this sense. This course has been design to
provide basic information of human rights law and the relevancy and working of the right
to information laws in India. After studying this course a student would be able to know
the basics of the Right to information along with and further in context to human rights
laws.

UNIT-I- INTRODUCTION TO HUMAN RIGHTS LAW

 Human Rights- Concept, scope and Historical background.

 Need for Human Rights
 Human Rights and the Rule of Law
 Human Rights and the Constitution of India.
 The National Human Rights commission (NHRC)
 Human Rights and Social Democracy.
 Human Rights and Globalization
 Human Rights and Consumerism
UNIT-II- INTERNATIONAL HUMAN RIGHTS INSTRUMENTS
 Charter of The United Nations, 1945
 Universal Declaration of Human Rights, 1948
 Instrument of Accession By India To The Human Rights Covenants,1979
 American Convention on Human Rights, 1969
 African Charter on Human Rights and Peoples Rights,1981
 The Vienna Declaration and Programme of Action, 1993 etc.
UNIT-III- SOME SPECIAL HUMAN RIGHTS
 Human Rights of weaker section of the society.
 Human Rights of minorities.
  Human Rights for disabled Persons.
 Human Rights of The Accused/ Detainee
 Human Rights, capital Punishment and Mercy killing
 Human Rights and Media.
 Human Rights and police.
UNIT-IV- HUMAN RIGHTS AND ALLIED LAWS IN INDIA
 The Protection of Human Rights Act ,1993
 The National human Rights commission ,1994
 The National commission for Women Act ,1990
 The National Commission for Minorities Act,1992
 The Protection of civil Rights Act,1955
 The Juvenile justice Act, 2000.
UNIT-V- RIGHT TO INFORMATION ACT, 2005
 Background and Objects of Right to Information Act, 2005.
 Salient features of RTI.
 The Judiciary and the Right to Information.
 International Conventions, Declaration and Right to Information.
 Freedom of speech, Right to Know and Right to privacy and RTI
 Meaning: Information, Public Authority, Record etc
 Obligation of Public Authorities
 Request for obtaining information
 Exemption from Disclosure of Information
 Third Party Obligation
 Penalties
 Appeal
Recommended Readings

 Erma Cora, Nowak and Tretter, International Human Rights (1993), Sweet &
Maxwell.
 Wallace, International Human Rights: Text & Materials (1996), Sweet &
Maxwell
 Oxford. Human Rights and Global Diversity (2001), Frank Cass, London
 Nirmal.C.J. (ed.), Human Rights in India (2000), Oxford
 Nirmal.B.C., The Right to Self determination in International Law (1995), Deep
& Deep.
 P.R.Gandhi, International Human Rights Documents (1999) Universal, Delhi.
 RTI BARE ACT WITH COMMENTORY
 Dr. A.S. Yadav, Right to Information Act, 2005 Analysis
 Prof. S.R. Bhansali, Right to Information Act, 2005
 Intellectual Property Laws
Objective:
The objective of this course is to provide basic knowledge on the concepts of Intellectual
Property. The course gives an introduction to intellectual property and explains the
protection offered by different species of IP. The course delves into scope, extent, term of
protection and rights granted by each type of IP.
UNIT-1:- Introduction
 Meaning and Range of I.P.Rs
 Purpose of the Law
 Nature of I.P.Rs
 International conventions and Covenants
UNIT-2:- Patens
 Historical background
 Subject matter of Patents – Tripple test
 Invention and its attributes.
 Inventor and application, opposition, Revocation of Patents
 Right and Restriction
 Infringement and principle of construction of specification
 International aspects
UNIT-3:- Copy Right
 Meaning and objects of copy-rights
 Originality and content
 Author and owner’s right and restrictions
 Infringement and defenses
 Remedies & Statutory Authority
 Foreign-work and International copy-right
UNIT-4:- Designs
  Meaning of Designs
 Registrable and non registrable Design
 Procedure for registration
 Cancellation of registration
 Infringement and reciprocal arrangement
UNIT-5:- Trade Mark
 Evolution and object of Trade-Mark Law
 Definition and Characteristic of Trade-Mark Law
 Distinction between Trade-Mark and Property Law
 Different form of Trade Mark
 Registration of Trade Mark
 Right’s of Trade Mark holder
 Infringement and Passing off
 Authority under Trade Mark Act
UNIT-6:- Geographical indication and Protection of Plant Verities
 Meaning of Geographical Indication
 Geographical indication and Trade Mark
 Registration of Geographical indication
 Infringement of Geographical indication and legal remedies
 Registrable Varieties
 Application for registration of Plan Varieties
 Applicant for registration
 Right of breeder or his Successor
 Farmer’s Right
 Infringement and Remedies
BOOKS RECOMMENDED:
 Justice P.S. Narayana : Intellectual Property Law in India
 W.R. Corish : Intellectual Property
 B.L. Wadehra : Law Relating to Intellectual Property
 P. Narayana : Intellectual Property Law
 Equity, Trust and Fiduciary Obligation
Objectives
This course has been designed to provide the basics of Equity, Trust and
Fiduciary Obligation. After studying this course a student will be able to
know the importance and applicability of these laws, where enacted laws are
not applicable problems will be resolved through Equity , just and good
conscience .
UNIT –I

 Concept of Equity
 Origin and development of Equity,
 Equity and Law,
 Equity under Indian Legal system
UNIT –II
 The meaxims of Equity
o Equity will not suffer a wrong to be without a remedy
o Equity follows the Law
o Where Equities are equal, the Law shall prevail
o Where Equities are equal, the first in time shall prevail
o He who seeks equity, must do equity
o He who comes to equity, must come with clean hands
o Delay defeats equity
o Equality is equity
o Equity looks to the intent, rather than to the form
o Equity imputes an intention to fulfill an obligation
o Equity looks on that as done which ought to have been done
o Equity acts in personam
UNIT –III
 Doctrine of Equity
 o Election
o Mortgage, once a mortgage always a mortgage
o Clog on redemption
o Foreclosure
o Set-off
UNIT –IV
 The Concept of Trust
 Distinction with Agency and Contract
 Classification of Trust
o Constructive Trust
o Religious
o Charitable Trust
o Public Trust Doctrine.
UNIT –V
 Appointment and Discharge of Trustee
 Right and Duties of Trustee
 Disabilities of Trustee
 Extinction of Trust
 Right and Liabilities of Beneficiary.
UNIT –VI
 Fiduciary Relations
 Equitable remedies: Nature and scope of equitable remedies
 Recovery of Property
 Specific Performance of contracts
 Declaratory Suits
 Injunctions, Rectification, Rescission and Cancellation.
Suggested Readings:
1. S. Krishnamurthy Aiyar, Principles and Digest of Trusts laws
2. R.H.Mandsley and E.H.Burn, Trust and Trustees
3. Philip H. Pettit, Equity and Law of Trust
 DRAFTING, PLEADING AND CONVEYANCING

This paper is for the development of drafting skills of law professionals. In the paper
General principles of drafting and relevant substantive rules shall be taught along with
civil, criminal pleadings and deeds. PIL should also be discussed among law students in
the class.
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
and 15 exercises in Conveyancing.
Drafting: 50 marks (inclusive of 5 marks for viva-voce), Conveyancing: 50 marks (inclusive of 5 marks for
viva-voce)
Detail Outline of the course:
UNIT-1-Drafting:
General principles of drafting and relevant substantive rules shall taught.
UNIT-2-Civil Pleadings:
(i) Plaint, (ii) Written Statement, (iii) Interlocutory Application, (iv) Original
Petition, (v) Affidavit, (vi) Execution Petition, (vii) Memorandum of Appeal and
Revision.
UNIT-3Criminal Pleading: (i) Complaints, (ii) Criminal Miscellaneous Petition, (iii)
Bail Application and (iv) Memorandum of Appeal and Revision.

UNIT-IV- WRIT PETITION

Writ Petition under Article 226 and 32 of the Constitution of India.
UNIT-V-Conveyancing:
(i) Sale Deed, (ii) Mortgage Deeds, (iii) Lease Deed, (iv) Gift Deed, (v) Promissory
Note, (vi) Power of Attorney and (vii) Will etc of 15 exercises.

Books Recommended:
(1) R.N. Chaturvedi : Pleadings and Conveyancing, Central Law Publications.
(2) De Souza : Conveyancing, Eastern Law House.
(3) Tiwari : Drafting, Pleading and Conveyancing, Central Law Agency.
(4) Mogha: Indian Conveyancer, Eastern Law House.
(5) Mogha: Law of Pleadings in India, Eastern Law House.
(6) Shiv Gopal : Eastern Book Company.
(7) Narayana P.S. Justice: Civil Pleadings and Practice, Asia Law House.
(8) Narayana P.S. Justice: Criminal Pleadings and Practice, Asia Law House.
(9) Noshirvan H.Jhabvala: Drafting, Pleadings, Conveyancing & Professional Ethics