Format No. QSP/7.1/01.

F01 (C)
Issue No.05 Rev. No 6 Dated: Jan 2, 2019

UNIVERSITY OF PETROLEUM & ENERGY STUDIES

School of Law
Dehradun

COURSE PLAN

Programme : B.A., LL.B.

Course : Legal History

Semester : II
Session : Jan to May. 2020
Batch : 2019 -24
Subject Code : CLNL 1032
No. of credits : 3
Prepared by : Dr. Vinita Singh
Email : vsingh@ddn.upes.ac.in

Approved By

_______________________ _______________________
HOD Dean

UPES Campus Tel : +91-135-2770137

“Knowledge Acres” Fax : +91 135- 27760904
P.O. Kandholi, Via Prem Nagar Website : www.upes.ac.in
Dehradun -248 007 (U K)
 COURSE PLAN

Subject: Legal History Course:B.A.,LL.B.,(Hons.)

Duration Jan 2020– May-2020 Subject code: CLNL 1032

:

Law in India has evolved from religious prescription to the current constitutional and legal system we have today,
traversing through secular legal systems and the common law. India has a recorded legal history starting from the
Vedic ages and some sort of civil law system may have been in place during the Bronze Age and the Indus Valley
civilization. Law as a matter of religious prescriptions and philosophical discourse has an illustrious history in
India. Being part of the empire saw the next big shift in the Indian legal system. Supreme courts were established
replacing the existing mayoral courts. These courts were converted to the first High Courts through letters of
patents authorized by the Indian High Courts Act passed by the British parliament in 1862. Superintendence of
lower courts and enrolment of law practitioners were deputed to the respective high courts. During the Raj, the
Privy Council acted as the highest court of appeal. Cases before the council were adjudicated by the law lords of
the House of Lords. The state sued and was sued in the name of the British sovereign in her capacity as Empress
of India. During the shift from Mughal legal system, the advocates under that regimen, “vakils”, too followed suit,
though they mostly continued their earlier role as client representatives. The doors of the newly created Supreme
Courts were barred to Indian practitioners as right of audience was limited to members of English, Irish and
Scottish professional bodies. Subsequent rules and statutes culminating in the Legal Practitioners Act of 1846
which opened up the profession regardless of nationality or religion. Coding of law also began in earnest with the
forming of the first Law Commission. Under the stewardship of its chairman, Thomas Babington Macaulay, the
Indian Penal Code was drafted, enacted and brought into force by 1862. The Code of Criminal Procedure was also
drafted by the same commission. Host of other statutes and codes like Evidence Act (1872) and Contracts Act
(1872).

A. OBJECTIVES:

 This Course has been designed to acquaint the student with the systematic and methodological
development of Courts, legislature and legal profession. The knowledge of these institutions is
imperatively significant in order to understand pre and post- colonial nature of Courts, Legislature and
legal profession of India.
 The course curriculum is specifically designed as an UG course that is more rigorous, experiential,
investigative and/or accelerated than a standard course.
 History course is designed to provide students with the analytic skills and factual knowledge necessary to
deal critically with the problems of present day legal system.
 Students should learn to assess historical materials—their relevance to a given interpretive problem,
reliability, and importance—and to weigh the evidence and interpretations presented in historical
reasoning.

B. COURSE OUTCOMES:
On completion of this course, student will be able to:

School of Law Jan.-May. 2020

 1. Summarize and explain the knowledge of key historical facts, values, and legal institutions and major
developments in the history of legal institutions and law.
2. Analyze the secondary sources and identify various approaches to historical interpretation through critical
reading.
3. Analyze the functioning and relevance of present day democratic and legal systems and institutions.
4. Evaluate the historical materials for their contemporary relevance and to apply them in forming justifiable
opinion on socio-legal issues.

Course’s Summarize and Analyze the Analyze the functioning Evaluate the
B.B.A., Outcomes explain the secondary sources and relevance of historical
LL.B., knowledge of key and identify present day democratic materials for their
historical facts, various and legal systems and contemporary
values, and legal approaches to institutions. relevance and to
institutions and major historical apply them in
Progra developments in the interpretation forming
mOutco history of legal through critical justifiable
mes institutions and law. reading. opinion on socio-
legal issues.

PO1: Students will

demonstrate conceptual
knowledge in core areas
of law
PO2: Students will
effectively apply their
learnings to practical
legal issues
PO3: Students will be
able to exhibit
effective law
professional skills,
employing oral and
written
communication, legal
research, analysis,
rationalisation and
critical-thinking
PO 4: Students will
demonstrate ability to
evolve alternative
✓
solutions from dynamic ✓
socio-economic and
techno-legal
perspectives
PO 5: Students will

School of Law Jan.-May. 2020

demonstrate desirable
qualities to be
employable in the
relevant market
PO 6: Students will
show sensitivity
towards ethical, moral
and social issues arising ✓ ✓
in their professional
career
PO 7: Students will
exhibit commitment,
teambuilding,
networking, leadership
and lifelong learning
skills to excel in legal
world

Course's Continuous Continuous Continuous Continuous

Outcomes Evaluation Evaluation Tool 1 Evaluation Evaluation Tool
For CLNL1004 Tools Tool 2 3
Case Analysis
Grand Viva Attendance

Summarize and explain the  

knowledge of key historical facts,
values, and legal institutions and
major developments in the history
of legal institutions and law.

Analyze the secondary sources 

and identify various approaches to
historical interpretation through
critical reading.

School of Law Jan.-May. 2020

Analyze the functioning and  
relevance of present day
democratic and legal systems and
institutions.

Evaluate the historical materials  

for their contemporary relevance
and to apply them in forming
justifiable opinion on socio-legal
issues.

Course Outline: It has 5 modules.

 Unit 1. ADMINISTRATION OF JUSTICE IN PRESIDENCY TOWNS 9 lecture hours

East India Company

, Settlements: Surat, Madras,

Bombay and Calcutta,

Courts: Mayor’s Court of 1726 to Supreme Court of 1774,

Statutes: Regulating Act, 1773; Pitts India Act, 1784; The Act of Settlement 1781,

Conflict: Raja Nand Kumar, Kamaluddin, Patna Case, and Cossijurah, Development of Adalat system and

Civil Law in Mofussil: Law applicable to Non -Hindus and Non- Muslims; Justice Equity and good
conscience.

 Unit 2. JUDICIAL REFORMS 9 lecture hours

Warren Hastings: Judicial Plans of 1772, 1774 and 1780,

Lord Cornwallis: Judicial Plans of 1787, 1790 and 1793,

Lord William Bentinck (With special focus on==,L. Appraisal of Criminal Law),

Judicial Reforms 1835-1858.

 Unit 3. CHANGES IN THE INDIAN JUDICIAL SET UP UNDER THE CROWN 8 lecture
hours

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 Establishment of High Courts,

Privy Council,

Evaluation of

Privy Council with Special reference to Racial Discrimination,

Federal Court,

Supreme Court.

 Unit 4. EVOLUTION OF LAW 6 lecture hours

Development of Personal Laws

, Codification of Laws: First Law Commission, Second Law Commission, Third Law Commission, Fourth
Law Commission, Fifth Law commission.

 Unit 5. DEVELOPMENT OF LEGAL PROFESSION AND EDUCATION 4lecture

hours
Legal Profession established under Charter of 1774, Legal Practitioners Act 1853, Provision for the
enrolment of the Advocates under letters patent issued High Courts under the Indian High Courts Act, 1861,
Legal Practitioners Act 1879 and the report of Indian Bar Committee, 1923, Indian Bar Councils Act, 1926 and
All India Bar Committee, 1951, Advocates Act, 1961, Legal Education in India.

C.PEDAGOGY

Needless to say high level of participation is needed from the side of the students to make the subject interesting
and enjoyable. Finding resources for history plans, activities, projects, games, and quizzes that use technology and
exploring inquiry-based lessons, activities, and projects, that require efforts on the part of faculty, is also
structured in the manner that will be helping the students. Learning about new and emerging technologies such as
blogs, podcasts, wikis, ipods, Black Board and online social networks and exploring innovative ways of
integrating them into the curriculum will also help students. We will combine traditional lectures method with
other active teaching methodologies, such as group discussions, cooperative group solving problems, historical
case analysis and debates. Class participation is a fundamental aspect of this course. Students will be encouraged
to actively take part in all group activities and to give an oral group presentation. Students will be expected to read
prescribed research papers and articles so that they can active in simulations. Where and when possible study
material will be circulated and put on Black board.

 Socratic method of teaching

 Free Response Questions
 Assignments

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  Group Discussion
 Movie Review
 Audio visual
 Videos Clips- Youtube and other matters relating to the subject

D. INSTRUCTIONS
• The instructor requires students to read and/or interact to a wide spectrum of more challenging, thought
provoking, relevant instructional materials including, but not limited to multiple texts, primary sources and
multimedia.

• The instructor utilizes appropriate pacing.

• The instructor requires evidence of higher level thinking from students.

• The instructor uses appropriate technology.

• The instructor encourages students to take greater responsibility and increase self-direction in their own
learning.

• The instructor includes opportunities for a variety of activities, such as panels, debates,

Reaction/reflection groups, scholarly dialogue, group investigations, and seminars.

• The instructor requires students to engage in self-directed, advanced legal historical research.

• The instructor provides multiple opportunities for real world and experiential learning opportunities.

• The instructor requires students to develop and defend a position on historical issues.

E. COURSE COMPLETION PLAN

Sessions: 36 (lectures of 1 hour each) for a 3 credit course.
Total hours per week: 3 hours per week.

F. EVALUATION & GRADING

Description Weight age Schedule

1. Continuous Assessment 30% Detailed Below

2. Mid term Exam 20% Academic Calendar

3. End term Exam 50% Academic Calendar

Internal Assessment: Marks 100 (shall be done based on the following 5 components):

1. Continuous Assessment: Weightage 30%

(Marks 100 - converted to an average of 30- ) shall be done based on the following 4 components:

a. Case Analysis 50 Marks

b. Subject Grand Viva 30 Marks
c. Attendance 20 Marks

School of Law Jan.-May. 2020

 Four components will be used for internal assessment for this course (Total 100 marks), the details of each
component is as follows:

a) Case Analysis : Weightage 40 %

b) Grand Viva: Weightage 20%

c) Attendance : Weightage 20%
Formula for attendance marks:
67-75 % 0 Marks
76-80% 5 Marks
81-85% 10 Marks
86-90% 15 Marks
91%-100% 20 Marks

2. Mid- Sem Examination: 20% Weightage

Mid Semester Examination will be held of one hour duration. The examination paper shall have objective &
theory questions, short and long analysis problems.

3. End -Sem Examination: 50% Weightage

End-Sem examination shall be of three hours duration. The examination paper shall have objective & theory
questions, short and long numerical problems.

End-Sem examination shall be of three hours duration. The examination paper shall have 4 Sections
 Section A-Objective type / Short Answer type memory based general questions (2 to 5
questions) -10 marks.
 Section B-Short answer type Conceptual questions (2 to 5 questions) -20 marks.
 Section C-Analytical & Comparative questions (2 to 4 questions) -20 marks.
 Section D-Application based Case study (2 to 5 questions) -50 marks.

Passing Criteria
If the batch size is more than 30, the grading will be done based on Relative Grading System. Both in
Absolute and Relative Grading System passing criteria will be:
• For UG & PG: Students scoring 85 marks and above as composite score (IA+MS+ES) shall be awarded as
the highest grade as ‘O’ i.e., Outstanding (on 10 point Scale).

Passing Criterion: minimum 35%

Student has to secure minimum 35% marks in that subject individually in both the ‘End-Semester
examination’ and ‘Total Marks’ in order to pass in that paper.

Attendance

School of Law Jan.-May. 2020

 Students are required to have minimum attendance of 75% in each subject. Students with less than said
percentage shall NOT be allowed to appear in the end semester examination.

Cell Phones and other Electronic Communication Devices: Cell phones and other electronic communication
devices (such as ipads/Laptops) are not permitted in classes during Tests or the Mid/Final Examination. Such
devices MUST be turned off in the class room.

E-Mail, CELCAT &Blackboard: Each student in the class should have an e-mail id and a pass word to access
the blackboard / CELCAT system regularly. Regularly, important information – Date of conducting class
tests, guest lectures, syndicate sessions etc. to the class will be transmitted via e-mail/ blackboard. The best
way to arrange meetings with us or ask specific questions is by email and prior appointment. All the
assignments preferably should be uploaded on blackboard. Various research papers/reference material will be
mailed/uploaded on blackboard time to time.

DETAILED SESSION PLAN

SESSION TOPIC READINGS PEDAGOGY

Chalk & Talk

Coming of Europeans Examples
• M.P. Jain Outlines of Legal
1. and Decline and Discussion
History Latest ed.
downfall of Mughals PPT Presentation
Random questions

Administration of
• M.P. Jain Outlines of Legal PPT Presentation
Justice in Presidency
1. History Latest ed. Reflections
Towns Settlements:
Examples
Surat,

Administration of
Justice in Presidency • M.P. Jain Outlines of Legal PPT Presentation
1. Towns Settlements: History Latest ed. Reflections
Madras. Examples

Whiteboard
Administration of
• M.P. Jain Outlines of Legal Examples
Justice in Presidency
2. History Latest ed. Discussion
Towns Settlements:
Presentation
Bombay
Random Questions

3. Administration of • M.P. Jain Outlines of Legal Whiteboard

Justice in Presidency History Latest ed. Examples

School of Law Jan.-May. 2020

 Towns Settlements: Discussion
Calcutta. Presentation
Random Questions

Whiteboard
Examples
Courts: Mayor’s • M.P. Jain Outlines of Legal History
4. Discussion
Court of 1726 Latest ed.
Presentation
Random Questions

Whiteboard
Examples
Courts: Mayor’s • M.P. Jain Outlines of
5 Discussion
Court of 1753 Legal History Latest ed.
Presentation
Random Questions
Whiteboard
Examples
Regulating Act of • M.P. Jain Outlines of Legal Discussion
6 History Latest ed.
1773 Presentation
Random Questions

Whiteboard
• M.P. Jain Outlines of Legal Examples
Supreme Court Act of
7 History Latest ed. Discussion
1774
Presentation
Random Questions

Whiteboard
Examples
• M.P. Jain Outlines of
8 Pitts India Act, 1784 Discussion
Legal History Latest ed.
Presentation
Random Questions
Whiteboard
Examples
the Act of
9 • M.P. Jain Outlines of Legal History Latest
Discussion
ed.
Settlement 1781.
Presentation
Random Questions
Whiteboard
Examples
Conflict: Raja Nand • M.P. Jain Outlines of Legal History Latest ed.
10. Discussion
Kumar,
Presentation
Random Questions

11. Conflict: • M.P. Jain Outlines of Legal History Latest

Whiteboard
ed.
Kamaluddin, Patna Examples
Case, and Discussion

School of Law Jan.-May. 2020

 Presentation
Random Questions

Whiteboard
Examples
• Discussion
M.P. Jain Outlines of Legal History Latest ed.
11. Conflict:Cossijurah.
Presentation
Random Questions

Development of • M.P. Jain Outlines of Legal History Latest ed.

Adalat system and
Whiteboard
Civil Law in
Examples
Mofussil: Law
Discussion
12 applicable to Non -
Presentation
Hindus and Non-
Random Questions
Muslims; Justice
Equity and good
conscience.

Judicial Reforms :
Whiteboard
Warren Hastings:
Examples
Judicial Plans of • M.P. Jain Outlines of Legal Discussion
13 1772, 1774 and 1780. History Latest ed. Presentation
Random Questions

Whiteboard
Lord Cornwallis: Examples
• M.P. Jain Outlines of Legal
Judicial Plans of Discussion
14 History Latest ed.
1787, 1790 and 1793. Presentation
Random Questions

Lord William
Bentinck (With Whiteboard
special focus on Examples
Appraisal of Criminal • M.P. Jain Outlines of Legal Discussion
15. History Latest ed.
law) Presentation
Random Questions

Whiteboard
Examples
Judicial Reforms • M.P. Jain Outlines of Legal
Discussion
16. 1835-1858. History Latest ed. Presentation
Random Questions

17. : Changes in the • M.P. Jain Outlines of Legal Whiteboard

Indian Judicial set up History Latest ed. Examples
Discussion

School of Law Jan.-May. 2020

 under the crown

Establishment of Presentation
High Courts. Random Questions

Whiteboard
Examples
• M.P. Jain Outlines of Legal Discussion
18. Privy Council History Latest ed. Presentation
Random Questions

Whiteboard
Examples
• M.P. Jain Outlines of Legal Discussion
19. Federal Court History Latest ed. Presentation
Random Questions

Whiteboard
Examples
20 Supreme Court • M.P. Jain Outlines of Legal History Latest
Discussion
ed.
Presentation
Random Questions

Evolution of Law
• M.P. Jain Outlines of Legal
21. Development of
Personal Laws. History Latest ed.

Whiteboard
Examples
• M.P. Jain Outlines of Legal Discussion
22. Hindu personal Law History Latest ed. Presentation
Random Questions

Whiteboard
Examples
• M.P. Jain Outlines of Legal Discussion
23. Muslim Personal Law History Latest ed. Presentation
Random Questions

24. Codification of Laws • M.P. Jain Outlines of Legal Whiteboard

First Law History Latest ed. Examples
Commission. Discussion
Second Law Presentation
Commission. Random Questions
Third Law
Commission.

School of Law Jan.-May. 2020

 Fourth Law
Commission.
Fifth Law
commission.

Development of Whiteboard
Legal Profession and Examples
• M.P. Jain Outlines of Legal
25. Education Discussion
History Latest ed. Presentation
Random Questions
Whiteboard
Legal Profession Examples
established under • M.P. Jain Outlines of Legal History Latest
Discussion
26. ed.
Charter of 1774. Presentation
Random Questions

Whiteboard
Examples
Legal Practitioners
• M.P. Jain Outlines of Legal Discussion
27. Act 1853.
History Latest ed. Presentation
Random Questions

Provision for the

enrolment of the Whiteboard
Advocates under Examples
letters patent issued • M.P. Jain Outlines of Legal Discussion
28. History Latest ed.
High Courts under Presentation
the Indian High Random Questions
Courts Act, 1861.

Whiteboard
Legal Practitioners
Examples
Act 1879 and the • M.P. Jain Outlines of Legal Discussion
29. report of Indian Bar History Latest ed. Presentation
Committee, 1923.
Random Questions

Indian bar Councils Lecture

Act, 1926 and All • M.P. Jain Outlines of Legal Examples
30. History Latest ed.
India Bar Committee, Whiteboard
1951. PPT
Lecture
Advocates Act, 1961. • M.P. Jain Outlines of Legal Examples
31.
History Latest ed. Discussion
Presentation

School of Law Jan.-May. 2020

 Lecture
Legal Education in
• M.P. Jain Outlines of Legal Whiteboard
32. India.
History Latest ed. Examples
Presentation
Lecture
• M.P. Jain Outlines of Legal Examples
Development of
33. History Latest ed. Discussion
Legal Education
Presentation
Reflections

Constitutional
Lecture
Development
Examples
Before • M.P. Jain Outlines of Legal History Latest
Discussion
34. 1858:RegulatingAct ed. Presentation
1773.
Reflections
Pitts India Act 1784
Charter Act 1786.
Lecture
Examples
Charter Act 1813. • M.P. Jain Outlines of Legal History Latest
Discussion
34. Charter Act 1833. ed. Presentation
Charter Act 1853
Reflections

After 1858: Lecture

Government of India • Examples
M.P. Jain Outlines of Legal History Latest
35. Act 1858. ed. Discussion
Indian Council’s Act Presentation
1861. Reflections

Lecture
Examples
Indian Council’s Act • M.P. Jain Outlines of Legal History Latest
Discussion
35. ed.
1892 Presentation
Reflections

Lecture
Examples
Government of India • M.P. Jain Outlines of Legal History Latest
Discussion
36. ed.
Act 1909 Presentation
Reflections

Lecture
Examples
Government of India • M.P. Jain Outlines of Legal History Latest
Discussion
36. Act 1919. ed. Presentation
Reflections

36. Government of India • M.P. Jain Outlines of Legal History Latest

Lecture
Act 1935 ed. Examples

School of Law Jan.-May. 2020

 Discussion
Presentation
Reflections

Lecture
Examples
Indian Independence • M.P. Jain Outlines of Legal History Latest
Discussion
36. ed.
Act 1947 Presentation
Reflections

G. REFERENCE BOOKS:

 Courtney IIbert. Government of India

 Courtney IIbert, The Mechanics of Law Making
 M.P. Jain Constitutional Law of India, Latest Ed, Wadhwa.
 M.P. Jain Outlines of Legal History Latest ed.
 M. Rama Jois, Legal and constitutional History of India, (Two volumes)
 A.B Keith, Constitutional History of India 1600-1936 (1936)
 V.D. kulshreshth’s Landmarks in Indian Legal History (Eastern, Lucknow)
 Eric Stakes The English Utilitarian and India (1992) (Oxford ,Delhi)

History Project Topics:

1. Recorder’s Court.
2. Trial of Nanda Kumar.
3. Patna Case.
4. Criminal Judicature and Cornwallis.
5. Sir John Shore.
6. Lord Hastings and Arbitration in land disputes.
7. Racial discrimination in judicial system.
8. Village Panchayat courts.
9. Lok adalats.
10. High courts.
11. Privy Council’s jurisdiction.
12. Federal court.
13. Development of criminal law.
14. Development of civil law.
15. Codification of laws.
16. Indian Penal Code, 1860.
17. Indian Succession Act, 1865.
18. Indian Contract Act, 1872.
19. Sale of Goods Act, 1930.
20. Partnership Act, 1932.
21. Negotiable Instruments Act, 1881.
22. Specific relief Act, 1963.
23. Transfer of Property Act, 1882.
24. Easement Act, 1882.
25. Civil Procedure Code, 1859.

School of Law Jan.-May. 2020

 26. Indian Evidence Act, 1872.
27. Criminal Procedure Code.
28. Right to Information Act, 2005.
29. Law Commissions in India.
30. Need for Law Reforms.
31. Personal Laws.
32. Amendments to the Constitution.
33. Rule of Law and Judicial Activism.
34. Doctrine of Promissory Estoppels.
35. Article 370 and Kashmir issue.
36. Indian bar Councils Act, 1926.
37. Advocates Act, 1961.
38. Code of Ethics for High Court judges and judges of Supreme Court.
39. Law Reporting in India.
40. Legal Education.

Above mentioned topics are suggestive.

JOURNALS/ WEB SOURCES:

Students will be informed as the course progresses upon specific topics available on the worldwide web.

1. Jstor
2. Westlaw
3. http://www.youtube.com
4. http://www.bbc.co.uk.indianhistory
5. Law and History Review
6. The Western Historical Quarterly
7. Journal of World History
8. World History Connected

RESEARCH PAPERS (APA Style)

1) Elizabeth Kolsky, “A Note on the Study of Indian Legal History” Law and History Review 23 (2005)
2) Elizabeth Kolsky, "Codification and the Rule of Colonial Difference: Criminal Procedure in British
India," and Kunal M. Parker, "The Historiography of Difference, Law and History Review 23 (2005).
3) Bernard S. Cohn, Colonialism and Its Forms of Knowledge: The British in India (Princeton: Princeton
University Press, 1996) and Nicholas B. Dirks, Castes of Mind: Colonialism and the Making of Modern
India (Princeton: Princeton University Press, 2001).
4) Partha Chatterjee, Nationalist Thought and the Colonial World: A Derivative Discourse (Minneapolis:
University of Minnesota Press, 1993) and Ranajit Guha, ed., Writings on South Asian History and
Society, Subaltern Studies 3 (Delhi: Oxford University Press, 1994).
5) Eric Stokes, The English Utilitarians and India (Oxford: Clarendon Press, 1959) and Uday Singh Mehta,
Liberalism and Empire: A Study in Nineteenth-Century British Liberal Thought (Chicago: University of
Chicago Press, 1999).
6) Brief Amici Curae of Legal Historians submitted in support of the petitioners in the U.S. Supreme Court
case of Shafiq Rasul, et al., Petitioners v. George Bush, et al., Respondents, available online at:
http://www.law.uc.edu/archives/butlerdata/liberty/gitmo/legalhistorians.pdf
7) Lisa Hajjar, "Torture and the Future," Interventions: A Middle East Report Online Feature
(http://www.merip.org/mero/interventions/hajjar_interv.html).
8) Letter No. 44 (1834) from the Court of Directors to the Government of India in NAI, Home (Public).

School of Law Jan.-May. 2020

 9) Scott Michaelson and Scott Cutler Shershow, "The Guantanamo 'Black Hole': The Law of War 'and the
Sovereign Exception,'" January 12, 2004
(http://usa.mediamonitors.net/layout/set/print/content/view/full/3849).

H. Instructions
a) Students need to submit individual project and then make a presentation (max. 7 minutes)
(Details would be given along with project topics)

b) All students will be divided in groups comprising 10 students in each group and given a relevant topic.
Each group is expected to write a synopsis, carry out the entire research process and then submit the
research report and present the same.
c) Viva-voce would be conducted for those groups for the research project, if adequate time for
presentations is not there.

d) Students are expected to read the concerned session’s contents in advance before coming to the class.
e) The session will be made interactive through active participation from students. The entire session will
be conducted through question-answer, reflections, discussion, current practices, examples, problem
solving activities and presentations etc.
f) In the case study session all students are expected to prepare their analysis and answers/decisions in their
respective groups. Any group may be asked to present their views and defend the same.
g) All schedules/announcements must be strictly adhered to.
h) The complete syllabus would be covered for Viva-voce and one must be thoroughly prepared to appear
for the viva and strictly appear on given time, otherwise, he/she will loose the marks.
i) Late entry(Max.5 minutes from the class timing) in the class will not be allowed.
j) The instructor requires students to read and/or interact to a wide spectrum of more challenging, thought
provoking, relevant instructional materials including, but not limited to multiple texts, primary sources
and multimedia.

k) The instructor utilizes appropriate pacing.

l) The instructor requires evidence of higher level thinking from students.

m) The instructor uses appropriate technology.

n) The instructor encourages students to take greater responsibility and increase self-direction in their own
learning.

o) The instructor includes opportunities for a variety of activities, such as panels, debates,
Reaction/reflection groups, scholarly dialogue, group investigations, and seminars.

p) The instructor requires students to engage in self-directed, advanced legal historical research.

q) The instructor provides multiple opportunities for real world and experiential learning opportunities.

r) The instructor requires students to develop and defend a position on a historical issues.

School of Law Jan.-May. 2020

 Annexure-I

UNIVERSITY OF PETROLEUM & ENERGY STUDIES

SCHOOL OF LAW

School of Law Jan.-May. 2020

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

SEMESTER I

ACADEMIC YEAR: 2020-21

SESSION: JAN-JULY, 2020

CASE ANALYSIS

FOR

Legal History

(CLNL )

Under the Supervision of: Dr. Vinita Singh Chhetri

(TO BE FILLED BY THE STUDENT)

NAME: _______________________

SAP NO: _______________________

ROLL NO ______________________

Model Question Paper

School of Law Jan.-May. 2020

 UNIVERSITY OF PETROLEUM AND ENERGY STUDIES

End Semester Examination, December 2016

Course: Legal History I Semester: I

Programme: B.A.LL.B (Hons.)
Time: 03 hrs. Max. Marks: 100
Instructions: 1) Mention Enrolment No at the appropriate place in the question paper.
2) No student will leave the room till one hour from the commencement of examination.
3) All sections are compulsory.

SECTION A
This section consists of short answer questions. Marks CO
Q1 Write a note on Administration of Justice in Calcutta (1690-1726). 4 CO 1
Q2 Elucidate on the contribution of Lord William Bentinck in establishing modern
3 CO 1
judicial system in India.
Q3 Discuss the provisions of Legal Practitioners Act 1846. 3 CO 1

SECTION B
This section consists of conceptual questions.
Q4 Writ of capias. 5 CO 2
Q5 Second stage of administration of Justice in Fort St. George Presidency (1665-
1686). 5 CO 2

Q6 Judicial system of 1672 in Bombay Presidency. 5 CO 2

Q7 Sir Edward Chamier Committee. 5 CO 2

SECTION-C
This section consist of Analytical questions.
Q8 Critically analyze the provisions of Indian Council’s Act 1909 by emphasizing these 10 CO 4
aspects: marks
a) System of Election. CO 3
b) Franchise.
c) Electorate.
d) Principle of nomination.

School of Law Jan.-May. 2020

 e) Enlargement of the size of executive and Legislatures of Centre and
Provinces.

Q9 As far as India is considered, the Privy Council acted as an appellate body since
1726 with the establishment of Mayor’s Court in India. Earlier, the Privy Council
used to do its work by means of a system of committees and subcommittees.
However, the committees did not have permanent existence and membership and
10
mostly members were the persons with little judicial experience. CO 4
marks
Discuss the ‘appeals as of right’ that were allowed from the Courts in India to the
Privy Council.

SECTION-D
This section consists of Application based/ Problem based questions

Q 10 ‘Hindu law’ –an established category in the socio-legal terminology in colonial and,
indeed post-colonial India was an early colonial invention. ‘Hindu law’ as
constructed and defined by the 18th century Englishmen in Bengal did not exist in
pre-colonial India. Hindu law was constructed on the basis of the appropriation of
selective branches from the prescriptive, normative and moralistic tradition of the 15
Dharmasastras, especially the Smrtis to produce Hindu law as an integral component CO 3
marks
of the empire in order to facilitate their administrative machinery- both revenue and
judicial.

Analyze the development of Hindu Personal Law in India.

Q 11 The charter act of 1833 is considered to be an attempt to codify all the Indian Laws.
The British parliament as a supreme body, retained the right to legislate for the
British territories in India and repeal the acts. The act of 1833 provided that all laws
made in India were to be laid before the parliament and were to be known as Acts.In 15
CO 3
a step towards codifying the laws, the Governor-General-i-Council was directed marks
under the Charter act of 1833, to set up an Indian law Commission.
Discuss the codification of Indian laws in detail.
Q 12 SHAHBAZ BEG, solider in company’s army had no son. So he expressed his desire 20 CO 4
to adopt his nephew Bahadur Beg and hand him his property. But before that he died. marks
His widow Begum claimed the property as gift from his husband after death.
Bahadur filed case against Begum. Law officers sealed the property and insulted
widow. According to Muslim Law, three-fourth property was given to Bahadur and
one fourth to the widow. Widow approached the Supreme Court, which ordered to
hand over all property to widow and compensation of Rs. 3 lakh.

In the light of facts of Patna Case answer in detail these intrinsic Issues underneath
the case-

School of Law Jan.-May. 2020

 a) Relationship of Supreme Court and Adalats.

b) Court Procedure of arresting Bahadur and law officers.

c) Whether Supreme Court had jurisdiction over revenue farmers.

d) Court procedure of awarding compensation to the widow.

e) Internal defects of judicial system (adalats and council).

INSTRUCTIONS TO STUDENTS

----------------------------------------------------------------------------------------------------….

Annexure-II

CASE ANALYSIS

1. The students will be grouped in teams of 5-6 members each for the project.

2. The teams will work together for giving a presentation of 15-20 minutes and submit a write up on the
topic.

3. The teams will be responsible for coming up with the topic and getting it approved by the faculty.
Approval is mandatory.

GUIDELINES FOR CASE ANALYSIS

The project will be completed as follows:

1. Abstract: One page in around 300 words

It may be in 3 paragraphs

a. Highlighting the topic

b. Areas of concern and expected solution
c. Scheme of research
d. Key words
2. Submission of Final Project report after approval of synopsis.

a. Excluding the Cover page, index page and bibliography the main write up should be around 20 pages.
1.5 Space, Times New Roman, Font Size 12. The project should be printed both sides to save paper.

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 b. Project must have- Cover page stating Subject name, Title of the Project, Supervisor name, Student
details etc.
c. Students have to follow a uniform method of citation (the suggested method is same as for the
research paper) and must mention the same in the research methodology).
d. The main body of the project must contain- Introduction, different chapters, conclusion, suggestions,
along with foot notes and bibliography.
3. The project work shall

a. Be focused on the problem

b. Include current status of knowledge in the subject (literature review);
c. Embody the result of studies carried out by him/her;
d. Show evidence of the student’s capacity for critical examination and judgment; and
e. Be satisfactory in presentation so far as language, style and form are concerned
4. The student shall indicate clearly and extensively in his/her project, the following:

a. The source from which referred information is taken;

b. The extent to which he/she has availed himself/herself of the work of others and the portion of the
/project work he/she claims to be his/her original work; and
c. Whether his/her project work has been conducted independently or in collaboration with others.
5. A certificate to the effect that the project work carried out by the student independently or in collaboration
with other student(s) endorsed by the student shall form the part of the submission for evaluation.
6. Every student who spends a specified period of time in an industry/organization/institute for reasons of
work related to his/her project work, with prior permission from the Coordinator concerned will explicitly
acknowledge working in the relevant industry/organization/institute.
7. All projects submitted by the students will go through the process of plagiarism check through the anti-
plagiarism software (Turnitin). The report produced by the software will necessarily be as per the
standards prescribed by the university. If the report is below standards the supervisor will reject the
project and award zero marks.
Annexure-III

CONTINUOUS ASSESSMENT SHEET

Programme
Name B.A., LL.B. Semester II
Faculty
Name
Subject Legal History
Subject
Code CLNL
Case Analysis Grand Viva Total 100 Marks
Attendance
Name 50% weightage 30% weightage 20%
Enrl. No. weightage
Abstract/
Report
1

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2
3
4

Annexure-IV

Dates are tentative.

Case Analysis Submission Grand Viva

On or Before Groups will be allotted dates for viva in the month of April 2020

2nd week of

April, 2020

School of Law Jan.-May. 2020