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Rashtreeya Sikshana Samithi Trust

R V INSTITUTE OF LEGAL STUDIES


# 45/1, 22nd Cross, 3rd Block, Jayanagar, Bengaluru -560011

5 Years B.A., LL.B Course Syllabus


B.A., LL.B 5-Year Integrated Degree Course, Subjects as per KSLU-2018

5 Year B.A.LL.B

I Semester 1. General English


2. Major – I – Political Science – Theory & Thought
3. Minor – I – I – Invitation to Sociology
4. Minor – II – I - Principles of Economics
5. Legal Methods

II Semester 1. Kannada / Kannada Kali


2. Major – 2 – Pol. Sc – Organisation and Institutions
3. Minor – I- II – Indian Society; continuity and change
4. Minor – II – II – Money, Banking and International trade
5. Law of Torts

III Semester 1. Major – 3- State- Political Obligation


2. Major – 4- Major World Government
3. Minor – I – III- Recent Theoretical perspectives in Sociology
4. Minor – II – III-Economic, Theory and Public Finance
5. Constitutional Law - I

IV Semester 1. Major – 5 – Political science – Public Administration


2. Major – 6 – International Relationship & Organisation
3. Constitutional Law – II
4. Law of Crimes – I
5. Contract – I (Law of General Contract)

V Semester 1. Labour Law-I


2. Jurisprudence
3. Family Law-I
4. Contract-II (Specific Contracts)
5. Administrative Law

VI Semester 1. Labour Law-II


2. Company Law
3. Property Law.
4. Family Law-II

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VII Semester 1. Public International Law
2. Law of Taxation
3. Criminal Law-II (Cr. P.C.)
4. Clinical Course-I: Professional Ethics and Professional Accounting
System.

VIII Semester 1. Law of Evidence


2. Optional-I: Human Rights Law and Practice / Insurance Law.
3. Optional-II: Banking Law / Right to Information.
4. Clinical Course-II: Alternative Dispute Resolution Systems.

IX Semester 1. Civil Procedure Code and Limitation Act


2. Optional-III: Intellectual Property Rights-I / Penology &Victimology.
3. Optional-IV: Interpretation of Statutes and Principles of Legislation /
Competition Law
4. Clinical Course-III: Drafting, Pleading and Conveyance.

X Semester 1. Environmental Law


2. Optional-V: Intellectual Property Rights-II/ White Collar Crimes.
3. Optional-VI: Land Law / Law relating to International Trade Economics.
4. Clinical Course-IV: Moot Court Exercise and Internship.

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I SEMESTER

COURSE – I GENERAL ENGLISH


Objectives: Today globalization has expanded the horizons of law and the legal profession.
Success in the legal profession depends on the proficiency of a legal professional. Legal
professionals need to cater not only to their individual clients but also to the society. Thus, he/she
needs to be well equipped with English language both in speech and on paper. Keeping this in
mind, the course material focuses to enhance the advocacy skills of students, setting a path for
legal reasoning, critical thinking and analysis.
The introduction of prose texts has two purposes. Firstly, it introduces a student of law to the
intricacies of the legal profession. Secondly, it helps to understand that the relevance of building
a strong social structure is the responsibility of a lawyer. The course interalia aims to understand
the features of English language, importance of vocabulary, contextual meaning of words and
their usage. Comprehension of unseen passages helps to analyze important ideas and issues, in
addition to this, gives vent to logical thought, legal reasoning and facilitates in understanding
common problems.
PROSE
1. My search for truth – Excerpt from the autobiography of Prof. S Radhakrishnan.
2. Law and lawyers – M.K Gandhi
GRAMMER AND COMPOSITION
1. Tenses, Articles and Prepositions / their usage
2. Types of sentences and transformation of sentences (simple, complex, compound,
interrogative, negative etc.)
3. Active / Passive voice
4. Reported Speech
5. Idiomatic expressions
6. Formal correspondence: Letters of invitation, request, enquiry, complaint, job
application, letters to the editor.
7. Comprehension of unseen passage
8. Legal words and their usage
TEXT AND REFERENCE BOOKS
a) The law and lawyers by M.K. Gandhi compiled and edited by S.B Kher, Navajivan
Publishing House, Ahmadabad.
b) Radhakrishnan Reader – An Anthology
c) Contemporary English Grammar. David Green, Macmillan ltd.
d) Developing communication skills by Mohan and Banerji

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e) Legal language, legal writing and general English by Dr S.C Tripathi. Central Law
publications.

DETAILED SYLLABUS
1. Prose (refer to the contents in the e syllabus.)
2. List of idiomatic expressions to be covered:
All and sundry, Alpha and Omega, Apple of discord, Apple of one’s eye, As a matter of fact, At
sixes and sevens, At one’s finger tip, Bone of contention, Be a party to, Bear a grudge against,
Bear about the bush, Blow hot and cold, Blow one’s own trumpet, Bring to book, Bring to the
ground, Bring to a standstill, Burn one’s fingers, Burn the midnight oil, Build castles in the air,
By leaps and bounds, Cast a spell, Caught red handed, Every now and then,, Fair and square, Far
and near, Far and wide, Fight tooth and nail, Get off scot-free, Get rid of, Give one’s word, Go
astray, Hand in hand, Hand in glove, Hang in the balance, Heart and soul, In a nut shell, In black
and white, In full swing, In the midst of, In the twinkling of an eye, keep aloof from, keep in the
dark, keep one’s promise, leave no stone unturned, make a mountain out of a mole-hill, Make
both ends meet, Move heaven and earth, Nip in the bud, Now and then, Null and void, Nook and
corner, Of one’s own accord, On the verge of, Over and over again, Part an parcel, put on paper,
Rain cats and dogs, Stand in one’s way, Swim with the tide, Take a bird’s eye view, Take up
arms, To the best of one’s ability, To the letter, To the point, To turn a deaf ear, Turn a new leaf,
under the pretext of, Under lock and key, Yeoman’s service,
3. List of legal words:
Accused, Accomplice, Arrest, Amendment, Adjournment, Award, Arbitration, Agreement,
Approver, bail, bench, bond, breach of contract, consent, contract, contempt, counterclaim, court,
counsel, compromise, coercion, claim, damages, decree, defamation, defendant, defense,
document, distress, divorce, evidence, estoppels, equity, execution, fraud, hearsay, homicide,
injunction, insolvency, instrument, issue, judgement, jurisdiction, jurisprudence, juri, justice,
juvenile, kidnap, lawyer, liability, litigation, maintenance, minor, murder, mortgage, negligence,
notification, notice, oath, objection, partnership, partition, perjury, petition, petitioner, plaintiff,
plaint, pleadings, privity, pre emption, proviso, prosecutor, prosecution, procedure, presumption,
punishment, right, remedy, remand, redemption, respondent, regulation, rule, sentence,
settlement, statute, summon, summons, surety, title, transfer, tort, trespass, trial, vicarious,
verdict, void, voidable, warrant, witness, will.
WORDS OFTEN CONFUSED: Refer pages 281 to 287, Contemporary English Grammar, by
David Green, MacMillan Ltd.

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COURSE II : POLITICAL SCIENCE – I

Major – 1/Minor – 1: THEORY & THOUGHT

UNIT – 1
1. POLITICAL SCIENCE – Definition, Nature & Scope; relations with other Social
Sciences and Sciences; is political science a science – (arguments).
2. CONCEPT OF STATE: Definition and meaning, Nature and elements (4); State in
comparison with society, Govt: and association.
3. ORIGIN OF THE STATE – Various theories (very brief); evolutionary theory (in detail)
4. SOVEREIGNTY – Meaning, definition, aspects (internal & external); attributes and
kinds.

UNIT – II
Main currents of Political Thought & Philosophy:
1. Western (Ancient & Medieval) –
a. Contributions of Plato & Aristotle (detailed)
b. Rise of Rome – Contributions to political thought – as a republic & an Empire –
Roman Legal System
c. Rise of Christianity – Tenets; the church & the papacy; Religion Vs Politics. St.
Thomas Aquinas – his philosophy & Contributions
d. Machiavelli – Historical background; Historical method; the prince and its
philosophy.
2. Ancient Indian Thought – Pre Vedic, Post Vedic and classic; a historical background &
philosophy – with special reference to the ‘Saptanga theory’; Monarchy – functions,
limitations & control.
3. Birth of Islam – Teaching; contributions to political thought; ‘Shariat’ as the basis of Law
(then & Now)

UNIT – III
1. Western:
a. Individualism – Philosophy and contributions
b. Socialism – Philosophy & Contributions; Kinds/types of revolutions & evolutionary
c. Marxism – Historical background; features and contributions; Comparison with
modern communism
2. Modern Indian Philosophy – Gandhiji’s Political thought

UNIT – IV
1. Rights – Meaning, Nature, Kinds; human rights & fundamental rights (a special note)
2. DUTIES – a) Meaning; Kinds; fundamental duties (a note)
3. Rights and duties are correlative explanation – apt examples.

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4. The concept of welfare and welfare state
a. Meaning of Welfare
b. Principles
c. A Welfare state – implications and functions; Problems.
d. India, as a welfare state (in brief)

UNIT – V
1. Democracy –
a. Meaning, Nature, Kinds, merits & defects; conditions for Sources (apt example)
b. Direct democracy – importance devices and practice.
2. Dictatorship – Meaning, features, merits and demerits, a totalitarian state (a note), Nazi
and Communism (exist while USSR )
3. Secularism and a Secular State: Meaning: Main features; arguments for and again note on
India.

READINGS.

a. Ernest Barker : Principles of Social and Political theory.


b. Grorge, Sabine : History of Political theory.
c. Laski, Harold J : i. Introduction to Politics,
: ii. Grammar of Politics.
d. C.E.M. Joad : Political Theory.
e. Gettel R.G : Political Science.
f. Henry, Mayo : Introduction to democratic Theory.
g. i) Ebenstein : Plato, to the Present
ii) Appadorai A : substance of Politics.
h. A. Ray & M. Bhattacharya : Political Theory, Ideas and Institutions
i. Rathoretllaggvi : Political Theory and Organisation
j. Agarwal R.C : Political Theory
k. D.R. Bhandari : History of Political Philosophy.
l. Ebwnstein : Plato to the present
m. Dunning : political Thought(Anc,Med,Modern) 3vol
n. Agarwal R.C : Political Thought
o. Suda J.P : History of political Thought(Anc,Med,Modern) 3vol
p. Saletore : Ancient Indian History & Politics
q. Altekar : State and Govt in Ancient India
r. Khurana : Ancient India
s. Mahajan V.D. : i) Ancient India,
: ii) Recent Political Thought
t. Gokaale : Political Science
u. Kangie : Arthasastra

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COURSE III: SOCIOLOGY

Major – 1 / Minor – 1 : INVITATION TO SOCIOLOGY

Objectives:

This course provides an outline exposure to the students about the fundamental concepts of
sociology. The course also aims at helping the students to understand the social institutions and
regulatory mechanism of society. It makes them to acquire sufficient knowledge about social
change development.

Unit 1 : Introduction

i. Definition of Sociology

ii. Transition from Social Philosophy to Sociology

iii. Emergence of Sociology : Socio – political and intellectual forces

iv. Subject matter and Scope

v. Perspectives in Sociology : Functionalist, Conflict, Interactionist and Feminist


perspectives

vi. Reciprocity between Sociology and other disciplines : History, Political science,
Economics, Criminology and Law

vii. Relevance of Sociology

Unit 2: Basic Sociological Concepts

a. Society b. Community c. Social Structure

d. Social System e. Role and Status f. Social Values

g. Culture h. Socialization i. Social groups

(Meaning, Characteristics / Elements and Types)

Unit 3: Social Institutions

a. Family and Marriage b. Religion c. Education

d. State and Law e. Property

(features/Elements, Types and Importance)

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Unit 4: Regulative Mechanism of Society

a. Social Norms, Social Conformity and Social Deviance

b. Informal Agencies of Social Control : Folkways, Mores, Customs, Religion, Public


opinion

c. Formal Agencies : Law, Education, Police and Military

Unit 5: Social Change and Development

a. Meaning and Definitions

b. Kindred concepts : Evolution, Growth, Progress, Development

c. Theories of Social Change : Cyclical and Uni-linear

d. Developmental perspectives: Human Development. Social Development, Sustainable


development

e. Theories of Development: Theories of development and Under – development.

References:

1. Bottomore, T.B. 1972. Sociology: A Guide to Problems and Literature. Bombay:


George

a. Allen and Unwin (India).

2. Harlambos.M. 1998. Sociology: Themes and Perspectives. New Delhi: Oxford

a. University Press

3. Inkeles. Alex. 1987. What is sociology? New Delhi: Prentice – Hall of India.

4. Johnson, Harry M. 1995. Sociology: A Systematic Introduction. New Delhi: Allied


Publishers.

5. Schaefer, Richard T. and Robert P. Lamm. 1999. Sociology. New Delhi: Tata Mc
Graw Hill

6. Abraham Francis (2006): Contemporary Sociology, Oxford University Press, New


Delhi.

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7. David Popence (1977): Sociology (3rd Edn), Prentice Hall Inc, Engelwood Cliffs, New
Jersey

8. Davis Kingsley (1982) : Human Society, Surjeet, Aurjeet Publications, New Delhi.

9. Fulcher James & Scott John (2003): Sociology (2nd Ed.), Oxford University Press, New
York.

10. Gisbert Pascual (1983) : Fundamentals of Sociology, Orient Longmans, Bombay, 1983

11. Horton Paul and Hunt Chester (1984) : Sociology, McGraw Hill Co, New Delhi.

12. Ian Robertson (1980) : Sociology, Worth Publishers, INC. New York

13. Mckee james (1981): Sociology – The study of Society, Holt, Rinehart and Winston, New
York Mitchell

14. Schaefer and Lamm (1992) : Sociology, Mc Graw Hill, INC, New York

15. Giddens, Anthony, Sociology (7th ed.), 2013, New Delhi :Willey India Pvt Ltd.

16. Maclver, R.M and C.H. Page, Society – introduction to Sociology, MacMillan, New
Delhi

17. Samuel Koeing : (1957) Sociology: An Introduction to Science of Society, Barnes &
Nobel Books, London.

18. Berger, Peter L. An Invitation to Sociology, Allen and Unwin, London. 1978

19. Jayaram, N,1990, Introductory Sociology, Macmilan, New Delhi

20. Haralambos & Holborn. 2008. Sociology: Themes and Perspectives. London:Collins

21. Jena D.N & Mohapatara V.K.2002. Social Change: Themes and Perspectives. New
Delhi. Kalyani Publishers.

22. Leslie G.R, Richard F. Larson, Benjamin L. Gorman. 1994, Introductory Sociology
Order and Change in Society (3 Edn) Delhi, Oxford University Press.

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COURSE IV : ECONOMICS

Major – 1 / Minor – 1: Principles of Economics

Objectives:

1. To familiarize the students with basic concepts in economics such as Demand, Supply,
Goods, Utility etc.

2. To enable the students to understand basic theories, principles and law relating to
Consumption, Production and Distribution.

Unit I: Introduction to Economics

1) Definitions of Economics – Wealth, Welfare, Scarcity and growth – oriented.

2) Basic Concepts: Consumption – Good, Utility, Want, Demand, Assumptions, Economic


Laws, Micro & Macro Economics.

3) Production – Supply, Land, Labour, Capital, Organization, Firm, Industry, Rent, wage,
Interest, Profit.

4) Economic Systems – Capitalism, Socialism, Mixed Economy.

5) Cost – Total Cost, Fixed cost, Variable cost, Average Cost, Marginal Cost, Opportunity
cost.

6) Revenue – Total Revenue, Average Revenue, Marginal Revenue.

Unit 2: Theories of Consumption

i. Utility – Forms, Total utility, marginal utility, Law of Diminishing Utility

ii. Law of Equi – Marginal Utility

iii. Consumer’s Surplus

iv. Properties of Indifference Curves

v. Consumers Equilibrium under Indifference Curve Analysis.

vi. Law of Demand

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Unit 3: Production

1) Production Function

2) Law of Variable Proportions

3) Economies of Scale

4) Properties of Land, Labour, Capital and Organisation.

Unit 4: Markets

i. Features of Perfect Competition, Monopoly, Monopolis Oligopoly. Duopoly

ii. Price discrimination – Meaning and types,

iii. Pricing in Practice – Skimming and Penetration Pricing, practice pricing.

Unit 5 : Theories of Distribution

i) Marginal productivity Theory of Distribution

ii) Rent: Ricardian theory of Rent, Quasi – rent

iii) Wage : Real and Money wage, Minimum Wage, Wage Differentiation

iv) Interest : Loan able Funds Theory o f Interest

v) Profit : Innovation Theory of Profit

References:

1. Koutsoyiannis A (1979) Modern Micro Economics Macmillan Press, London.

2. Samuelson, Paul. Economics Tata McGraw Hill Publishing Company limited, 2007

3. Seth, M.L., Principles of Economics, Lakshmi Narain Agarwal Education, Agra, Thirty
fifth Edition, 2001.

4. Ahuja, H.L., Advanced Economics Theory : Micro Economics, Analysis, S.Company


Limited, New Delhi, 2007.

5. Chopra, P.N., Principles of Economics, Kalyani Publishers, Ludhiana, 2006.

6. Stonier and Hague A Text book of Economic Theory

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7. Samuelson and Nogardus A Text book of Economics

8. Jhon A Textbook of Economics

9. K.K. Dewet, K.P.M. Sundaram Modern Economics

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COURSE V : LEGAL METHODS

Law is arguably an autonomous discipline and has its own materials and methods. However,
Law is related to other processes in the society – social, political and cultural. This course is
designed to familiarize the students with sources of legal materials, to find the law by the use of
law is library and to make the students to appreciate law in the context of other social processes.
The course may help the students to think and act like a lawyer and respond to his law studies
accordingly. Therefore, the course introduces the students to the basic concepts of law sources of
law, fundamentals of legal research and primary and secondary sources in legal research.

UNIT – I

What is Law? Is Law necessary? Essential functions of Legal Process, Essence of Law.

UNIT - II

Typical Attributes of Law and legal Process; Legal Rules and Society.

UNIT – III
Divisions of the Law, Using Law Library – understanding how to find law, legal materials,
Constituent Assembly Debates, law reports, statutes, gazettes, reports of commissions, etc.,
Methods of study – text books, technical terms.

UNIT – IV

Case Law Techniques; Interpretation of Statutes.

UNIT – V

Working out problems; Answering in examinations; application of law to facts, Legal Research,
writing assignments, essays, dissertations; citation methods.

Books Prescribed:

1. Lloyd Dennis, Idea of Law, London ; Penguiin Books Chapters 1 and 9.


2. Williams Glanville, Learning the Law, London, Stevens & Sons 1982.
3. Watson Alen, The Nature of Law, Edinbure, University Press, 1977, Chapters 1,2,3 & 6.
4. Anderaon Jonathan et.al., Thesis & Assignment Writing, New Delhi, Wiley Eastor
Ltd.,1971.

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II SEMESTER

COURSE – I: KANNADA/ KANNADA KALI (KANNADA IS COMPULSORY FOR ALL


THOSE WHO HAVE STUDIED KANNADA AS A SUBJECT AT THE SSC LEVEL AND
KANNADA KALI IS COMPULSORY FOR THOSE WHO HAVE NOT STUDIED
KANNADA AS A SUBJECT AT THE SSC/ X STD LEVEL )

COURSE: 1: ಕನ ಡ

ಉ ೕಶಗಳು:

ಾನೂನು ಾ ಗ ಾ ತ ಂತ ಾ ಾ ಯ ಾ ಣ ಾ ಸ ೕ ಾಗುತ . ಆ ದೃ ಂದ
ಾ , ಾ ಯ ಅಗತ ಪ ೕಜನಗಳು, ಾಕ ಗಳ ರಚ , ಾ ಕರಣ ಶುದ ಇವ ಗ ಆಧ ೕಡ ಾ .
ಅನ ೕ ಯ ಾನೂನು ಾ ಾ ಕ ಪದಗಳ ಬ ಗೂ ಅ ವ ಮೂ ಸುವ ಪ ಯತ ಾಡ ಾ . ಕನ ಡ ಾ ಾ
ಾ ಗ ಾ ಾಂತರದ ಅ ಾಯ ಯನು ಗುರು ಸ ಾ . ಸರ ಾ ಪತ ಗಳ, ಾನೂನು ಪತ ಗಳ ರಚ
ಾಗೂ ಸ ರೂಪದ ಗಮ ಸ ೕ ಾದ ಸಂಗ ಗಳನು ಸಲು ಪ ಯ ಸ ಾ .
ಘಟಕ– 1

ಾ ಎಂದ ೕನು? ಾ ಯ ಸ ರೂಪ: ಾ ಯ ಅಗತ ಗಳು ಮತು ಪ ೕಜನಗಳು, ಅನ ೕ ಯ ( ಚು ಾನೂ


ಸಂಬಂ ದಂ ) ಾ ಾ ಕ ಪದಗಳು

ಕನ ಡ ಾ ದು ಬಂದ ಾ

ಘಟಕ – 2

ಪತ ರಚ , ಪತ ರಚ ಯ ಧ ಅಂಗಗಳು

ಪ ಬಂಧ ರಚ , ಾಕ ಗಳ ರಚ , ಅಥ ದ ದೃ ಂದ ಾಕ ಗಳ ರಚ , ರಚ ಯ ದೃ ಂದ ಾಕ ದ ರಚ ,
ಾಕ ದ ಧ ಅಂಗಗಳು, ಶಬ ೂೕಶದ ರಚ , (ಶಬ ಗಳ ೕ ಾರ) ಬಳ , ಳವ , ಾನೂನು ಪದ ೂೕಶ ಲವ
ಪದಗಳ ಾ ೕ ಕ ಬಳ

ಘಟಕ – 3

ಕನ ಡ ಾ ಯ ಧ ಮಜಲುಗಳು – ಹಳಗನ ಡ, ನಡುಗನ ಡ, ೂಸಗನ ಡ, ಅ ಕೃತ ಪತ , ಸರ ಾ ಪತ , ಾಪ ಾ


ಪತ , ಅ ಸೂಚ , ಸ ಯ ನ ಾವ , ೂೕ ಸು, ೕಖನ ಗಳು ಬ ಸಂ ಾ ಕ ಯಮಗಳು

ಘಟಕ – 4

ವಚನ ಾ ತ – ಬಸವಣ , ಅಕ ಮ ಾ ೕ ೕಷ ಾ ೕಂ ಕ ಾ ಾ ಕ ಾ ಯ ರಚ ಗಳು, ಾಸ ಾ ತ –


ಸವ ನ ವಚನಗಳು, ನು ಗಟು , ಾ ಗಳು, ಅಥ ಸಂಕುಲ, ಅಥ ಸ ರ , ಅಥ ವ ಾ ಸಗಳು

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ಘಟಕ – 5

ಕನ ಡ ಆಡುನು ಮತು ಷ ಪದಗಳ ಪ ಚಯ ವ ಾ ಸ ಧ ವ ಾ ಸ (ಅಥ ವ ಾ ಸಗಳು – ಸ ರ, ವ ಂಜನ,


ಮ ಾಪ ಾ ರಗಳು) ಆಂಗ ರ ಆಡ ತದ ಕನ ಡ – ಕ ೕ ಆಡ ತದ ಕನ ಡ ಪದಗಳ ಪ ಚಯ

ಗ ಂಥಗಳು:

ಾ ಾ ಾನದ ಮೂಲತತ ಗಳು – ಾ. ಎಂ. ಾನಂದ ಮೂ

ಾ ಾನ ಾ ಾ ಾನ – ಾ. . ಂ ೕ ೌಡ

ಪ ಾಮಶ ನ ಗ ಂಥಗಳು:

ಆಡ ತ ಕನ ಡ – ಎ .ಎ .

ಕನ ಡ ಾ ತ ಚ – ರಂ. ೕ. ಮುಗು

ವ ವ ಾ ಕ ಕನ ಡ – ಎ .ಎ .

ಕನ ಡ ಾ ೂ ೕಕ : ಅಪ ಾಧ ಮತು ದಂಡ ಗಳು – ಾ ಎ .ಎ . ಚನ ಪ ೂೕಳ.

ಾನಪದದ ಾನವ ಹಕು ಮತು ಕತ ವ ಗಳ ಪ ಕಲ – ಾ. ೂ ೕ ಮು ಾ ಕ ೕಶ ಾಂ

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Karnataka State Law University, Navanagar, Hubballi

ಕನ ೕತರ ಾ ಗ ಾ ರ ಸ ಾದ ಪಠ ಕ ಮ 2018-19.

ಕನ ಡ ಕ
(ಪಠ ಕ ಮ)
KANNADA KALI
ಉ ೕಶಗಳು:

ಕನ ಡ ಕ ಎಂಬ ಈ ಾ ಯ ಪಠ ವನು ವೃ ಪದ ಯ ಣ ತರಗ ಗಳ ಅ ಾಸ ಾಡು ರುವ ಕನ ೕತರ


ಾ ಗ ಾ ರ ಸ ಾ . ೂರ ಾಜ ಗ ಂದ ನಮ ೖ ಕ ಾ ಸಂಗ ಾ ಬರುವ ಕನ ೕತರ
ಾ ಗ ಕನ ಡ ಾ ಯ ಾನ ಅತ ವಶ ಾ ರುವ ದ ಂದ, ಕ. ಾ. ಾ. ಯ ಾ ಒಳಪಡುವಂತಹ ಾನೂನು
ಮ ಾ ಾ ಲಯಗಳ ಕನ ಡ ಾ ಾ ಾನವನು ಕ ಾ ಯ ೂ ಸುವ ಸದು ೕಶ ಂದ ಪಠ ಕ ಮದ “ಕನ ಡ
ಕ ” ಎಂಬ ಪ ಸ ಕವನು ಗ ಪ ಸ ಾ .

ಕನ ೕತರ ಾ ಗಳ ಅಧ ಯನ ಂದು ರ ಸ ಾ ರುವ ಕನ ಡ ಕ ಪಠ ವನು ಈ ೕತ ದ ಪ ತ ಾದ


ಾ. ಂಗ ೕವರು ಹ ಮ ಅವರು ೕಷ ಪ ಶ ಮ ಂದ ಮತು ಈ ೕತ ದ ತಮ ಸು ೕಘ ಅನುಭವ ಂದ ತುಂಬ
ಆಸ ವ ರ ೂ ಾ . ಕನ ಡ ಾ ಯನು ಅತ ಂತ ಸುಗಮ ಾ ಕ ಯಲು, ಪ ೕ ಸಲು ಮತು
ಅದರ ವ ವಹ ಸಲು ಮತು ಆ ಮೂಲಕ ತಮ ಷಯ ೕತ ದ ಈ ಾಡವ ೂಡ ಅಥ ಪ ಣ ಸಂಪಕ
ಮತು ಸಂವಹನವನು ಾ ಸಲು ರ ಾಗುವ ೕ ಯ ಇದು ರ ತ ಾ .

Part I : Structure (ಕನ ಡ ಾ ಯ ಸಂರಚ ಯನು ಸ ಾ )


ಘಟಕ 1(Unit 1) :
Lesson 1 to Lesson 5:
ಘಟಕ 2 (Unit 2):
Lesson 6 to Lesson 10:
ಘಟಕ 3 (Unit 3):
Lesson 11 to Lesson 15:
ಘಟಕ 4 (Unit 4) :
Lesson 16 to Lesson 20:

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ಘಟಕ 5 (Unit 5) :
Part II: Kannada Script ( ೕಳುವ ಮತು ಕ ಯುವ ೌಶಲ ಗಳನು ಅ ವೃ ಪ ಸುವ ಗು ಯನು
ೂಂ )

ಪ ಸ ಕ: ಕನ ಡ ಕ
ೕಖಕರು : ಂಗ ೕವರು ಹ ಮ (ಕನ ಡ ಶ ಾ ಲಯ, ಹಂ , ಬ ಾ )
Kannada Kali (A Language Text Book for the non – Kannada Professional Degree
courses by Lingadevaru Halemane)

Published by Publication Division, Prasaranga kannada University, Hampi, Vidyaranya –


583276 Published year 2002.

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18
COURSE II: MAJOR – 2: ORGANISATIONS & INSTITUTIONS

UNIT – I

1. CONSTITUION – Meaning and importance; classification (Comparative study and


examples); Conditions for a good constitution.

2. CONVENTIONS – Meaning & importance; pertinent examples; common law in U.K.

3. AMENDMENTS – Importance & need for; methods; India, U.S.A., U.K., France &
Switzerland – provisions for amendments.

4. Forms of Government – a) Unitary – details; U.K. and France as specific examples.

b) Federal – Formation (Two methods); all other details


examples U.S.A., India Switzerland Specifically

c) Quasi – federal Governments – a special note.

UNIT – II

ORGANS OF GOVERNMENT

1. LEGISLATURE – Meaning; functions & role unicameral Vs bicameral – (all – Details);


legislative process; normal budgetary

2. Executive – Meaning (broad & narrow); types; functions; parliamentary and non –
Parliamentary – details; Plural Executive (a special Mention) – organization and working
(Switzerland & Erstwhile U.S.S.R.)

3. Civil Service – Meaning (broad & narrow); features and functions; salient Examples;
civil service in India – a note.

4. JUDICIARY – a) Importance, organization; functions; methods of protecting


Independence – the need for such protection – judicial review note.

5. Montesquievs - Theory of separation of powers – the pros and cons and its Validity
today.

UNIT – III

1. CITIZENSHIP – Meaning, qualifications; a brief history; methods (Jus soli, Jus


Sanguins) and naturalized; loss of citizenship (conditions)

19
2. POLITICAL PARTIES – Meaning; formation manifestos; functions; merits & demerits;
kinds – working, relative merits & defects; Specific examples; a special but brief
reference to the Indian Scenario.

3. Pressure groups – Meaning, importance; determinants; nature; techniques and methods;


critical appreciation

UNIT – IV

1) ELECTORATE – Meaning, importance, qualifications (necessary) Disqualifications –


examples (J.S. MILLS VIEWS)

2) CONSTITUENCIES – Meaning, kinds (Their features, merits & limitations).

3) METHODS OF ELECTION & BALLOTING – Direct, indirect; open & secret; Single
Vs plural voting – (J.S. MILLS VIEWS)

4) UNIVERSAL ADULT FRANCHISE – Features, Merits & demerits.

5) FRANCHISE FOR WOMEN - Arguments for & against - conditions today.

UNIT – V

1. REPRESENTATION – Definition, meaning nature – role of a representative; territorial


Vs functional representation.

2. MINORITY REPRESENTATION – Definition, meaning & nature – arguments for and


against; methods

i) Under a single member constituency – Second system.

ii) Under a multi member constituency – list of cumulative


vote plan; limited vote plan – with merits and
defects.

3. PROPORTIONAL REPRESENTATION – Hare System (details) , merits and demerits,


the system, in practice today – examples & their working.

20
Readings:

1) K.C. Wheare : Federal Governments.

2) Gehel R.G. : Political Science.

3) Appadorai. A. : Substance of Politics.

4) Kapur. A.C. : Political Science.

5) Gokhale.A.K. : Political Science.

6) Rathore & Haqqui : Political theory and Organisation

7) Agarawal.R.C. : Political Theory.

8) Mohit Bhattacharya : Political Theory, / Deas & Institutions.

9) A.G. Garner : Political Science.

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21
COURSE III: MINOR– I / MINOR – 2: INDIAN SOCIETY: CONTINUITY AND
CHANGE

UNIT – I INTRODUCTION
a) Nature and Importance of Studying Indian Society
Nature of Indian Society
1. Geographical Factors
2. Unity in Diversity
3. Religious Factor
4. Language
5. Race and Ethnity
6. Caste System
7. Tribes
8. Cultural Factors
9. Political Factors
Importance of Studying Indian Society
1. Long and Continued History
2. Cultural Pluralism
3. Second Most Populated Country
4. Religion and philosophical Importance
b) Evolution of Indian Society – Socio-Cultural Dimension refer K.L Sharma
c) Geographical and Historical Features
1. The Himalayan Ranges
2. The Indo Gangetic Plain
3. The Peninsulas Plateau
4. The coastal Plains
5. The Thar Desert
6. The Islands
Historical Features Evolution of Indian Society – from Vedic Time and Modernity
d) Unity in Diversity – Threats and Challenges
1. Geographical Unity and Diversity
2. Religions Unity and Diversity

22
3. Cultural Unity and Diversity
4. Linguistic Unity and Diversity Recial
5. Rural Unity and Diversity
6. Political Unity and Diversity
Threats and Challenges
1. Regionalism
2. Castesim
3. Communalism
4. Extremism and Terrorism
5. Linguism
UNIT – 2 : THEORETICAL PERSPECTIVE
a. Structural –functionalism (MN Srinivas, SC Dube, Mckim Marriott)
b. Indological or Textual Perspectives (Radha Kamal Mukherjee, G.S. Ghurye, Louis
Dumant)
c. Marxist Perspective: D.P Mukherjee, A.R Desai, Ramkrishna Mukherjee
d. Subaltern Perspective: B.R Ambedkar, Ranjit Guha, David Hardiman)
UNIT – 3 : MARRIAGE, FAMILY AND KINSHIP
a) Marriage and family among Hinduism Hindu Marriage
Objectives –
Traditional forms Rites and Rituals
Family
Joint Family
Definition, Characteristics
Advantages, disadvantages
Causes for the disintegration
b) Muslim Marriage types, Nikha, talaq, mehr
Christian marriage
Aims, values, rites and rituals
c) Basic concepts of kinship
Type, terms degree, usages, function
d) Kinship organization in India – Regional vaniation Kinship – by Iravathi Kharve
e) Changes and Challenges to the Marriage and Family –

23
Changes in Marriage
Refer – C.N. Shankar Rao
Changes in Family
Refer – C.N. Shankar Rao
UNIT – 4: CASTE AND CLASS IN INDIA
Caste and Class in India
a) Evolution of Caste
Give a brief introduction of origin and development of caste during different periods
b) Caste among Muslims and Christians
Refer – Indian Society – A.P. Thakur
c) Are Caste opposite of Classes.
Difference between caste and classes
d) Changes in Caste and Class relation.
e) Theories of Origin of caste
Traditional theory
Occupational theory
Recial theory
Political theory
Other theories
UNIT – 5: CONTEMPORARY DISCOURSES
a) Contextualisation
b) Indiagenisalism
c) Use of native categories in the analysis of Indian Society
d) Sociology for India
e) Sociology of India
Sankritization
Westernization
References:
1. Bose, N.K.1967, Culture and Society in India. Bombay: Asia Publishing House.
2. Bose, N.K. 1975: Structure of Hindu Society, New Delhi.
3. Dube, S.C. 1990 : Society in India (New Delhi: National Book Trust)
4. Dube, S.C. 1995 : Indian Village (London: Routledge)
24
5. Dube, S.C. 1958 : India’s changing Villages (London: Routledge and Kegan Paul
6. Karve, Irawati, 1961 : Hindu Society : An Interpretation (Poona : Deccan College)
7. Lannoy, Richard, 1971 : The Speaking Tree: A Study of Indian Society and Culture
(Delhi: Oxford University Press)
8. Mandelbaum, D.G., 1970 : Society in India (Bombay : Popular Prakashan)
9. Srinivas, M.N., 1963 : Social Change in Modern India (California, Berkeley : University
of California Press)
10. Srinivas, M.N., 1980 : India : Social Structure (New Delhi: Hindustan Publishing
Corporation).
11. Singh, Yogendra, 1973 : Modernization of Indian Tradition (Delhi : Thomson Press)
12. Ramnath Sharma (1981) : Indian Society (Bombay : Media Promoters and Publishers
Pvt, Ltd)
13. Oxford Handbook of Indian Sociology (2007) : Ed.. by Veena Das (New Delhi : Oxford
University Press)
14. Ram Ahuja (1997): Indian Social System (New Delhi : Rawat Publication)
15. Uberoi, Patricia, 1993 : Family, Kinship and Marriage in India (New Delhi : Oxford
University Press)
16. Ram Ahuja.2002. Society in India: Concepts, Theories and Recent Trends. New Delhi :
Rawat Publications
17. Sharma KL. 2007. Indian Social Structure and Change: New Delhi: Rawat Publications
18. Yogesh Atal.2006. Changing Indian Society. New Delhi: Rawat Publications
19. Kapadia KM. 1990. Marriage and Family in India (3rd Edn 12th Impression) Calcutta:
Oxford University Press.
20. Nagla B.K. 2008. Indian Sociological Thought. New Delhi Jaipur: Rawat Publications.

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25
MAJOR – 2 / MINOR -2: MONEY, BANKING AND INTERNATIONAL TRADE

Objectives:

1. To provide the students with theoretical knowledge about Money, Banking and
International Trade.
2. To enable the students to understand the behavior of Money, Banking and Trade related
activities such as Value of Money, Money Market, Central Banking, Balance of payment,
Foreign Exchange etc.,

Unit 1 : Value of Money

i. Meaning and Definition of Money and its functions


ii. Supply of Money – M1, M2, M3, M4
iii. Value of Money – Meaning
iv. Index Number : Simple and Weighted, Construction of index number, Problems and Uses
v. Quantity Theory of Money :
a) Cash – Transactions Approach b) Cash – Balance Approach
vi. Inflation and Deflation – Types, Causes and effects

Unit 2 : Money Market

i. Money market – meaning, features and components


ii. Functions of a Commercial Bank
iii. Balance Sheet of a Commercial Bank
iv. Liquidity Vs Profitability
v. Credit Creation

Unit 3 : Central Banking

i. Functions of a Central Bank


ii. Methods of Credit Control
iii. Quantitative Methods b) Qualitative methods
iv. Objectives of Monetary Policy

Unit 4 : International trade

i. Importance of International Trade


ii. Theories of International Trade
iii. Comparative Cost theory b) Modern Theory
iv. Terms of Trade
v. Trade Barriers - Tariffs and Quotas/

26
Unit 5 : Balance of Payments and Foreign Exchange

i. Balance of Trade and Balance of Payments


ii. Disequilibrium in B.O.P. – Causes and Methods of Correction
iii. Determination of Foreign Exchange Rate, Demand for and Supply of Foreign Exchange,
Markets Objectives and Methods of exchange Control, Fixed and Flexible Exchange
Rates.
iv. Brief history of GATT, Achievements of GATT, WTAO objectives, functions and
Agreements TRIPS, TRIMS, WTO & India.
v. Foreign Direct Investment: Concepts FDI, Nature, Role and operation of MNCS.

References:

1. Soderstein.B. (1993) International Economics, Macmillan, London.


2. Kindleberger C.P (1976) International Economics R.D. Irwin Homewood.
3. M.C. Vaish and Sudama Singh (1980) International Economics, Oxford and IBH.
Publication, New Delhi.
4. Sundram, K.P.M. Money Banking and International Trade, Sultan Chand and Sons
Educational Publishers, New Delhi Thirty Ninth Edition 2004, Reprint, 2005.
5. Vaish, M.C., Money Banking and International Trade, New Age International Private
Limited Publishers, New Delhi, Eighth Updated Edition, 1997
6. R.R. Paul - Monetary Economics.
7. Kulkarni and Kalkundrikar - Monetary Economics.
8. M.L.Seth - Monetary Economics.
9. D.M. Mithani - Money, Banking and International Trade.
10. M.L Jingan - Money, Banking and International Trade.
11. Decock - Money, Banking and International Trade.
12. Sayers R.S - Commercial Banking
13. Jingan - International Economics
14. K.R Gupta - International Economics

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27
COURSE – V: 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 freedom – Malicious Prosecution,
Malicious Civil Action and Abuse of Legal Process; Torts affecting domestic and other rights –
Martial 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 and 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:
Ratanlal and Dhirajlal, The Law of Torts, 28th Edition, (New Delhi: Lexis Nexis,2013)
Gurubax, Singh, Law of Consumer Protection. (Jaipur: Bharat Law Publications, 1992)

28
Reference Books:
Rogers, W.V.H, Winfield and Jolowicz on Tort, 15th Edition, (London: Sweet and Maxwell,
1999).
Howarth, David and Janet O’ Sullivan, Hepple, Howarth and Matthew’s Tort: Cases and
Materials, 5th Edition, (New Delhi: Lexis Nexis, 2000)
Baxi Upendra and Danda Amita, Valiant victims and Lethal Litigation – The Bhopal Case,
Indian Law Institute (Bombay: 1990)
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)
Singh, Avtar, Introduction to the Law of Torts (and Consumer Protection), (Lexis Nexis
Butterworths: 2009)
Saraf D.N, Law of Consumer Protection in India, (Bombay: N.M. Tripathi,1990)

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29
III SEMESTER

MAJOR – 3 - STATE- POLITICAL OBLIGATIONS

UNIT – I

1. Introduction – Political Obligation Meaning nature & characteristics.

2. Kinds of political obligations.

3. Obligations of the State – under monarchy (ancient & medieval) ; according to


individualism, socialism & welfare state

4. Political obligations – of individuals citizens and other members of the state, to the state

UNIT – II

1. Law – meaning nature, sources, kinds; law and morality

2. Deligated legislation – (a special mention) ; meaning need for ; growth of ; advantages &
limitations; safeguards.

3. A) liberty – meaning, importance, kinds.

B) Equality – meaning, importance, kinds.

C) Relations between liberty & Equality.

4. Justice – meaning & interpretation ; kinds ; ancient, medieval & modern interpretations.

UNIT – III

1. Approaches to Political Obligation

a) Individualism – background, statement, merits & limitations.

b) Utilitarianism – background, statement, merits & limitations ; a note on the


contributions of Jeremy bentham & J.S. Mill

c) Idealism – background, statement, merits & limitations ; kant hegel and T.H. Green –
a brief study.

UNIT – IV

1. Power – meaning, aspects, sources, kinds.

30
2. Authority – meaning, power vs authority; Legitimisation of power; limitations and
conditions; kinds (reference to max weber onkinds of domination)

3. Responsibility – a) meaning, relationship with authority & kinds – personal, institutional


& professional.

b) Accountability – (as an adjunct of responsibility) meaning, importance & kinds.

UNIT – V

1. Obedience to Law – a legal duty ; need for and importance; why do people obey law
normally, reasons.

2. Problem of Punishment – a) can the state use fore against its citizens ? arguments for and
limitations conditions to be observed.

b) Kinds of punishment

c) Theories of punishment

3. Can laws disobeyed ? Under what conditions ?

a) The problem of Civil disobedience meaning, features, conditions, and limitations


(aording of laws) civil disobedience to be contrasted with revolution.

b) a special reference to the civil disobedience movement under gandhiji sathya,


ahimsa & satyagraha influence of Thoreau.

c) Neo – Gandhian movement a brief reference to martin luther king (Sr) U. S.A. and
Nelson Mandela (South Africa)

READINGS :

1) John Horton : Political obligation


2) Margret Gilbert : A theory of political obligation
3) M. Srinivas Rao : Political obligations
4) Agrawal R C : Political theory
5) Madan Gandhi : Modern political Analysis
6) Johari J.C : Contemporary political theory
7) Burton L : (chap 12) Civil disobedience liberty justice &
Morals
8) Dubey S N : Political Science theory (chapter 25 onwards)

31
9) Carole Pateman : The problem of political obligation.
10) Eddy Ashirvatham & Mishra : Political theory (relevant chapters)
11) Karl Lowenstein : Political power and government process
12) A recommended text book : On public administration.
13) R C Agarwal; gokhale & A C Kapoor : On the relevant chapters.

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32
COURSE II : MAJOR – 4- MAJOR WORLD GOVERNMENT

UNIT I :

I. Introduction – importance of a constitution parts of a constitution – (a brief resume)

II. UNITED KINGDOM

a. A very brief history - Nature and sources : Features;


conventions – meaning, importance and
a few landmark conventions; Rule of
Law.
b. Executive - i. The chief executive – Justification of
monarchy; functions and rile of the
nominal head of state; distinction
between King and rown.
ii. Political Executive – a brief history;
cabinet vs council of ministers;
important conventions functions;
Prime Minister Selection, functions
& role.
c. Legislature - Bicameral; House of commons & House
of Lords – compositions, tenure
Selection & Powers and Functions; the
role of the speaker and the Law Lords.
d. Judiciary - Rule of Law in U.K ; Composition
Organisation and functions the Law
Lords and the Privy Council.
e. Political Parties - Organisation ; the two major parties –
organizations, programmes and working;
special role of the opposition – the
queen’s opposition.

UNIT – II

The United States of America

1. A very brief history : declaration of independence and the


Philadelphia
Convention; features of the federal
Constitution (Centre)
2. The American federation : Division of Powers; State Governments in the
federal system Amendment procedure ; Strict
separation of Powers.

33
3. The Chief Executive & V.P : a real executive; election procedure – tenure
& re-election (appropriate amendment) powers
& functions; removal & impeachments;
presidential Veto; The Vice President Selection
& role.
4. The Congress : a) House of Representatives Membership,
tenure, powers and functions.
b) The Senate – membership & election;
tenure, powers and functions (as the most
powerful upper house) senatorial courtesy.
5. Federal Judiciary : Organisation, powers and functions; parallel
courts both, federal & state.
6. Political Parties : Organisation; working of the two party
system; functions & role.

UNIT – III

SWITZERLAND

1. Introduction : Development – features (highlight of its


unique features)
Cantons and their role.
2. The Federal Executive : The federal Council its uniqueness –
Selection, tenure and functions; the Chairman
and his role.
3. Federal Legislature : Bicameral composition powers & functions;
uniqueness.
4. Federal Judiciary : federal tribunal, other courts – Selection,
tenure organisation, powers & functions
5. Direct Democracy : The four methods and their working;
highlights; amendments to the constitution; a
note on ‘folk moot’ and ‘Lands gemeinde’

UNIT – IV

FRANCE

1. History – (very briefly) : The French Revolution, democracy, The first


Republic & its failure; the second, third &
fourth Republic (constitutions) The ‘de Gavlle
constitution’ i.e. the V Republic – unitary
system; features.

34
2. Executive : a) Chief Executive – Selection functions and
role; his special powers, tenure and dismissal
b)The Prime Minister and his Council of
Ministers
c) The prefect & The prefectures.
3. The Legislature : Organisation, Powers & Functions – relations
between Legislature and Executive.
4. French Judiciary : Features, organistion, powers & functions;
Driot Administrative – ‘Administrative Law
and Administrative Courts.
5. Political Parties : Multi Party System – features, organization &
working

UNIT – V

INDIA

1. A Brief History : Highlights; Govt of India Act – 1935


Constituent Assembly & its role.
Preamble; features, amendment procedure;
chapter III & IV (appropriate and landmark
amendments.) ; its quasi federal status; centre
state relations (Provisions)
2. Executive : a) Chief Executive – Selection functions and
role; his privilege; impeachment
b) Political Executive – Prime Minister
Cabinet & Council of Ministers – Selection,
tenure, functions, role.
3. Parliament : bicameral; Lok Sabha & Rajya Sabha
Selection (Methods); Powers & functions;
relations between the two houses; role of the
Speaker.
4. Judiciary : Organisation, powers & functions
appointment dismissal; jurisdiction units –
their working – (very brief mention – a few
important cases).
5. Political Parties : Organisation functions and role – their
working in India problems.

35
Readings :

1. Wheare K.C. : Modern Constitutions


2. Harold J Laski- : Parliamentary Govt. in England
3. Nelson & Polsby : Congress and the Presidency (U.S.A)
4. Jack Bell - : The Presidency – Office of Power.
5. Carr, Bernstein & Morrison : American Democracy – in theory & Practice.
6. Rappard : The Swiss Constitution
7. Kapoor A.C. & Mishra : Select Constitutions
8. Johari J.C - : a) Comparative Politics
b) Constitution of India
9. Bhagwan & Bhushan : World Constitutions
10. Dubey S N : World Constitutions inclusive of India
11. Morris Jones : Government & Politics of India
12. Pylee M.V. : Constitution of India
13. D.C. Gupta : Indian Government and Politics
14. Basu D.D : Introduction to the Constitution of India.

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36
COURSE III : MINOR – I – III- RECENT THEORETICAL PERSPECTIVES IN
SOCIOLOGY

Objectives:

The aim of this course is to introduce the contributions of pioneers, prominent thinkers to the
students of Sociology. The main focus of this course will be on Structural – Functionalism,
Conflict theory and feminist theories. The course will also examine the recent theoretical
relevance and analytical utility of Post Modern Social theories.

1. Introduction

a. Nature of Sociological Theories : Sociological Theories and Social Theories

b. Concepts, Theories and paradigms

c. Sociological Theorization in Sociology

d. Levels of Theorization in Sociology (Middle Range Theories and Grand Theories)

e. Elements of Theory (Concepts, Variables, Statements and Formats)

f. Relationship between Theory and Research

2. Structural – Functionalism

a. Concepts of Social Structure : A. R Radicliffe Brawn

b. The problem of Role Analysis : S. F Nadel

c. Analytical Functionalism of Talcot Parsons (Structure of Social Action, The


Social System, AGIL, Functional Pre – requisites

d. Empirical Functionalism of R.K Merton (Postulates, Paradigms of Functional


Analysis, Social Structure and Anomie

e. Neo – Functionalism

3. Conflict Theory

a. Emergence of Conflict Theories

b. Marxian Theory of Class Conflict, Alienation and Critic of Marxian Theory

c. Dialectical Conflict Theory of Ralf Dahrendorf

d. Conflict Functionalism of Coser and Simmel


37
4. Feminist Theories

a. Historical Roots : Feminism and Sociology

b. Marxist feminism

c. Liberal Feminism

d. Post modern Feminism

e. Eco – feminism

f. Black feminism

5. Post modern Social Theories

a. Classical Theories on Modernity (Durkheim, Weber, Marx and Simmel)

b. The Juggernaut of Modernity – Anthony Giddens

c. Risk Society of Ulrich Beck

d. Mc Donaldization, Globalization and Americanization of George Ritzer

e. Contribution of J Derrida and Focault

f. Critics of Modern Social Theories

References :

1. Alexander, Jeffrey C. 1987. Twenty lectures : Sociological theory since World war II.
New York: Columbia University Press.

2. Bottomore, Tom. 1984. The Frankfurt school. Chester, Sussex: Ellis Horwood and
London: Tavistock Publicaations.

3. Craib, Ian. 1992. Modern social theory : From parsons to Habermas (2nd edition).
London : Harvester Press.

4. Collins, Randall. 1997 (Indian edition). Sociological Theory. Jaipur and New Delhi :
Rawat.

5. Giddens, Anthony. 1983. Central Problems in Social Theory : Action, structure and
contradiction on social analysis. London: Macmillan.

6. Kuper, Adam. 1975. Anthropologists and Anthropology : The British School, 1922 – 72.
Harmondsworth, Middlesex : Penguin Books.
38
7. Kuper, Adam and Jessica Kuper (eds.), 1996 (2nd edition). The Social Science
Encyclopaedia. London and New York : Routledge.

8. Ritzer, George. 1992 (3rd edition). Sociological Theory. New York : McGraw – Hill.

9. Sturrock, John (ed.). 1979. Structuralism and since : From Levi Staraus to Derida.
Oxford : Oxford University Press.

10. Turner, Jonathan H. 1995 (4th edition). The Structure of Sociological Theory. Jaipur and
New Delhi : Rawat.

11. Zeitlin, irving M. 1998 (Indian edition). Rethinking Sociology: A Critique of


Contemporary Theory. Jaipur and New Delhi : Rawat.

12. Zetlin Irving. 1969. Ideology and Development of Sociological Theory, New Delhi :
Prentice Hall of India. Pvt. Ltd.

13. David Ashley and David Michael Orenstein. 2007 (6th edition). Sociological theory :
Classical Statements, Delhi : Pearsons

14. Bert N Adams and R A Sydie. 2001. Sociological Theory, New Delhi : Vistar
Publications.

15. Tim Dalaney.2008. Contemporary Social Theory, India : Pearson.

16. Francis Abraham and John Henry Morgan, 2002. Sociological Thoughts. Delhi :
MacMillan.

17. Paramjit S. Judge. 2012. Foundations of Classical Sociological Theory :


Functionalism, Conflict and Action, Delhi : Pearson

18. Haralambos & Holborn, 2008. Sociology: Themes and Perspectives. London : Collins

19. Lewis Coser. 2001. Masters of Sociological thought (2nd edition ) Jaipur & New Delhi :
Rawat Publications.

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39
COURSE IV : MINOR – II – III-ECONOMIC, THEORY AND PUBLIC FINANCE

Objectives :

1. To familiarize the students with aggregative variables such as

N – I, Employment, Growth and Development, Public Revenue, Public Expenditure,


Budget etc.

2. To provide theoretical base for the above said aggregative variables at the national level.

UNIT – I : National Income

i. National Income – Meaning, definitions and methods of estimation.

ii. Concepts of National Income – GNP, NNP, NI, PI, DPI,

iii. Difficulties in the Calculation of N.I.

UNIT – II : Theories of Employment

i. Says Law of Markets.

ii. Keynesian Theory of Employment Effective Demand and its determination.

iii. Trade Cycle – Meaning, Phases and Control.

UNIT – III : Economic Growth Vs Economic Development

i. Economic Growth Vs Economic Development

ii. Determinants of Economic Development

iii. Vicious Circle of Poverty and Determination of BPL

iv. Strategies of Economic Growth – Balanced Vs Unbalanced Growth

v. Big push, Critical Minimum Effort Thesis.

UNIT – IV : Public Finance

i. Public Finance – Meaning and definition.

ii. Sources of Public Revenue

iii. Items of Public Expenditure

40
iv. Characteristics of a Good Tax System

v. Direct and Indirect Tax – Meaning

vi. Public debt – types and its repayment

UNIT – V : Budget

i. Budget – Meaning and Components

ii. Balanced Vs Unbalanced Budget

iii. Types of deficits – Revenue, fiscal, Primary and Budgetary deficit

iv. Deficit Financing

References:

1. Musgrave R.A. (1959) The Theory of Public Finance, Mc Graw Hill, Kogakusha, Tokyo.

2. Musgrave R.A and P.B. Musgrave (1976) Public Finance in Theory and Practice. Mc
graw Hill, Kogakusha, Tokyo.

3. Bhatia H.L. (2000) Public finance, Vikas Publishing House, New Delhi.

4. Higgins.B. (1959) Economic Development, W.W. Norton, New York.

5. Adelman (1961) Theories of Economic Growth and Development, Standford University,


Stanford.

6. Lekhi R.K. : Public Finance: Kalyani Publishers, New Delhi.

7. Singh S.K. Public Economics; Theory & Practice : S. Chand and Co. New Delhi.

8. Tyagi B.P. Public Finance, Jayaprakashnath and Coy, Meerut, India.

9. Ahuja, H.L., Advanced Economics Theory: Micro Economics, Analysis, S. Chand and
Company Limited, New Delhi, 2007.

10. Dwivedi, D.N. Macro Economics, Tata Mc Graw Hill Publishing Company Limited,
New Delhi, 2006.

11. Shapiro, Edward, Macro Economic Analysis, Galgotia Publications Private Limited, New
Delhi, 2007.

12. Dalton, Hugh, Principles of Public Finance, Routledge Publishers, London, 2008.

41
13. Kulkarni and Kalkundrikar Economic Theory

14. Dedly Dellard - Economics of J.M Keynes

15. Gupta and Verma - Keyness and Post – Keynesian Economics

16. H. Dalton - Public Finance

17. D.M. Mithani - Fundamentals of Public Finance

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42
COURSE V: 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 to establish 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.

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,
43
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:

Dr. V.N. Shukla - Constitution of India.

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 – Parlimentary procedure

6. Subhahsh. C. Kashyap - History of Indian Parliament

7. R.C. Agarwal – Constitutional Development and National Movement

8. A.B. Keith - Constitutional History of India.

9. D.J. De – The Constitution of India Vol. I and II

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44
IV SEMESTER

COURSE I : MAJOR V : POLITICAL SCIENCE : PUBLIC ADMINISTRATION

UNIT – I

1) Public Administration - definition, nature, scope and importance : public administration


Vs. private administration : politics Vs administration; new public administration.

2) Organization – meaning and importance; principles – hierarchy; span of control;


delegation of authority; unity of command; integration; centralization Vs decentralization
(principles, limitations & examples)

UNIT – II

1) LINE & Staff –

a) Meaning, differences, functions, Line agencies (Departments; public corporations/


companies; indep Regulatory Commissions) – their features, working and control.

b) Staff agencies – general, specialized / technical & auxiliary (importance, functions,


examples.)

2) CHIEF EXECUTIVE – types, functions & role.

3) DELEGATED LEGISLATION – Causes for growth, forms merits, limitations &


safeguards (apt examples.)

4) ADMINISTRATIVE ADJUDICATION – importance, causes for growth, functions,


limitations working of tribunals (examples)

UNIT – III

1. Personnel – Bureaucracy – meaning, merits & demerits (Max Weber); functions, kinds of
bureaucracy, Neutrality and anonymity as special features.

2. Problems – Recruitment, training, promotion, retirement morale & discipline (principles,


merits, limitations.) Recruitment agencies – public service commissions & other selection
agencies, A Special reference – UPSC & SPSC (India)

3. Authority & responsibility – meaning, relationship, limitations; kind of authority (Max


Weber’s kinds of domination); kinds of responsibility.

45
UNIT – IV

1. Management – meaning, principles, test of good management; values of management;


tasks (POSDCOR B)

2. Leadership – meaning ; qualities desired ; policy formulation & decision making – tasks
& problems.

3. Morale & discipline – meaning & implications ; relationship ; conditions.

UNIT V

1. Planning – need for and importance ; principles and features, kinds, programme planning
(a special note) problems planning in India – a brief history latest 5th year plan (brief
highlights)

Pub Adm (Contd)

2. Budgeting – meaning, importance, principles kinds; a special reference to programme


budgeting ; the latest Indian Budget (an overview and comment)

3. Communication – meaning principles; what – when – who & how, necessary conditions
and limitations, media (their advantages and limitations)

4. Direction & Supervision – meaning need for methods & limitations ;

5. Control – meaning, measures, problems.

READINGS :

1. Avasthi & Maheshwari : Public Administration


2. Bhagwan, Vishnu & Bhooshan : Public Administration
3. Chaturvedi (Ed) : Comparative Public Adminis
4. A Lepawsky : Administration
5. Maheshwari : a) Administrative theory
b) Indian Admn
c) Admn Thinkers
6. Miller R.D : Public Management
7. Mohit Battacharya : Public Administration
8. Nigro, Felix A : Public Administration
9. Riggs, tred W : The ecology of Pub Ad.
10. Sharma & Sadhna : Public Administaration
11. L.D. White : Pub Admn
12. W J Willoughby : Pub Admn
Journals : a) Indian Journal of pub Admn New Delhi – 1
b) Special Issues of I I P A New Delhi - 1
46
COURSE II : MAJOR – 6 – INTERNATIONAL RELATIONS AND ORGANISATION

UNIT – I
1. Nationality – Meaning; elements that help in the development of nationality.
2. Nationalism – Meaning, underlying principles, merits, dangers of ‘over – nationalism’.
3. Internationalism – Reasons for its development and growth in the 20c and its importance
in the world today; nationalism VS internationalism; internationalism, international
relations nad international politics – their relationship.

UNIT – II
1. National Power :
A) Meaning and importance; elements of national power – tangible and intangible;
national interest – need importance and limitations.
B) Limitations on National power.
2. Foreign Policy : Meaning, scope, determinants and instruments; non alignment –
importance and factors; NAM- basis and achievements.

UNIT – III
1. WAR : Meaning, causes; functions and uses; effects and cures; kinds of war; wars then
and now – a comparison; COLD WAR – a special mention – effects and apt examples.
2. Diplomacy : Meaning; a very brief history; kinds ; functions and importance;
organization; privileges and immunities.
3. International Law : Definition; importance; kinds; sources; codification (history &
development); enforceability & limitations.
4. Economic interdependence : Reasons; globalization and its influence; international trade
and commerce – latest developments.

UNIT – IV
1. Collective security : meaning; features; implications; limitations NATO & SEATO
2. Balance of power : meaning; principles; observations; methods (instruments).
3. Alliances : need for; types; working & recent – apt examples.
4. Disarmament : meaning, need for & importance; kinds, attempts (a brief history);
limitations.
UNIT – V
1. Propaganda, Terrorism & subversion – nature, causes, methods, dangers; (methods apt
examples)
2. Pacific settlement of disputes : need for and importance today; the different methods
(features, working, limitations with examples)
3. International Organisation :
a) league of Nations – brief history; causes for failure; role of the ILO
47
b) U.N.O – formation, preamble, aims; organs – organization, working achievements
and failures; specialized agencies – (WHO, ILO) world bank (IBRD) UNESCO &
UNICEF declare of human rights
4. Regional Organisations : causes for growth; aims & goals; merits and limitations; EC
and SAARC as Specific examples with details.

BOOK AND READINGS

1. Hans Morgenthau : Politics among Nations


2. Palmer & Perkins : International Relations
3. Jangam R T : International Relations
4. D.W. Bowett : International Institutions
5. Johari J C : International Relations & Politics
6. Malhotra, Vinayak Kumar : International relations
7. Fredrick Hartman : Relations among Nations.
8. Baylis, Smit & Patricia Owens : Globalisation of world Politics
9. Holst K J : International Politics
Journal : 1. Foreign Affairs (Quarterly)
2. appropriate U N reports.

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48
COURSE III : CONSTIITUTIONAL LAW – II

Objectives:

This course gives the students a picture of Constitutional Parameters regarding the organization,
powers and functions of the various organs of the Government. The emphasis is also on the study
of the nature of federal structure and its functioning. A critical analysis of the significant judicial
decisions is offered to highlight judicial restraint, judicial activism and judicial balancing.
Finally, the students should be able to articulate their independent views over contemporary
crucial Constitutional issues.

UNIT – I

Federal system : Organization of State.

Relationship between the Centre and the State: Legislative, Financial and Administrative, Co-
operative Federalism and recommendation of Commission.

Freedom of Trade and Commerce, Official Language, Local self- government with special
emphasis on 73rd and 74th Amendment.

Constitutional provision of Jammu and Kashmir (Art.370).

Special provisions relating to specific states (Articles 371 – A to 371 – J)

UNIT – II

Executive: Centre and State; President and Governor; powers and functions.

Parliament and State Legislature : Bicameralism, Composition, powers and function.

Councils of ministers: collective responsibility, position of Prime Minister and Chief Minister.

UNIT – III

Speaker : Parliament and State Legislature, Powers and Functions, Privileges Anti – Defection
Law.

Judiciary : Union and States, appointment, powers, jurisdiction and Transfer of judges.

UNIT – IV

Subordinate Judiciary, Administrative Tribunals.

Public Service Commission: services under the centre and the state, Constitutional protection to
Civil Servants.

49
Election Commission: Powers and functions.

State liability for Torts and Contract.

UNIT – V

Emergency : Types, Effects and effects on Fundamental Rights.

Constitutional Interpretation

Amendment : Basic structure theory.

Schedules.

Review of working of the Constitution.

Prescribed Book:

1. M.P. Jain – Indian Constitutional Law Vol I & II

Reference Books:

1. H.M. Seervai – Constitutional Law of India

2. V.N. Shukla – Constitution of India

3. T.K Tope – Constitutional Law

4. S. Shiva Rao – Framing of Indian Constitution

5. Subash. C. Kashyap – Parliamentary Procedure

6. Subash. C. Kashyap – Constitution of India

7. D.J De – the Constitution of India, Vol.I and II

8. J.N. Pandey – Constitutional Law of India

9. D.D. Basu – Constitutional Law of India

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50
COURSE – IV: CRIMINAL LAW – I : INDIAN PENAL CODE
Objectives:
The 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& 52 A, Punishment: From Sections 53 to 55 A, 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
tranquilty: Sections 141-160; Difference between Sections 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, martial 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).

51
Prescribed Books:
Rathanlal and Dhirajlal, The Indian Penal Code, (New Delhi: Lexis Nexis Butterworths Wadhwa
Nagpur 2012)
Turner, Cecil J.W., Kenny’s Outlines of Criminal Law, (New York: Cambridge University Press
2013).
Reference Books:
K.D. Gaur, A Text Book on the Indian Penal Code, (New Delhi: Universal Publishing Co., 2012)
K.I Vibhuti, P.S Achuthan Pillai’s Criminal Law, (Lexis Nexis Butterworths Wadha Nagpur:
2012)
Williams, Glanville Textbook of Criminal Law, (New Delhi: Universal Law Publishing Co.,
2012)

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52
COURSE V: CONTRACT – I: LAW OF CONTRACT
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.
Consideration – Nudum Pactum – Essential elements – Privity of Contract and of Consideration
– Exceptions – Unlawful Consideration and its effect – e contract
UNIT – II
Capacity of 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, (Luknow: Eastern Book
Company, 2013)

53
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 anf 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)

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54
V SEMESTER

COURSE I: LABOUR LAW


Objectives;
In this course, the students are to be acquainted with the Industrial relations framework. Further,
the importance of the maintenance of industrial peace and efforts to reduce the incidence of
strikes and lockouts are to be emphasised. The main objective is to critically examine the
provisions in the Trade Unions Act, 1926; the machineries contemplated under the Industrial
Disputes Act, 1947 for the prevention and settlement of industrial disputes and other matters.
Further, the objectives underlying the Industrial Employment (Standing Orders) Act, 1946 and
Disciplinary Enquiry for misconduct are to be studied with a view to acquaint misconduct and
the procedure to be followed before imposing punishment for misconduct alleged and
established.
Referring wherever necessary to the Constitutional provisions and the ILO Conventions and
recommendations will do learning of these legislations. We will be looking at the judicial
response, legislative response and probable amendments required to the industrial relations laws
to meet the challenges posed by economic liberalisation. In order to understand the above-
mentioned legislations in their proper perceptive, a brief historical background of these
legislations will also be examined.
In this course, students shall also acquaint with legal frame-work relating to social security and
welfare. The concept of social security, its importance and also Constitutional basis for the same
are introduced. The importance of ensuring health, safety and welfare of the workmen, social
assistance and social insurance schemes and the regulation of wages under various legislations
are to be emphasised. The objective is also to understand the provisions of the Employees
Compensation Act, 1923, the Employees’ State Insurance Act, 1948, The Payment of Wages
Act, 1936, the Factories Act, 1948. These legislations are to be studied with a view to acquaint
the students regarding various rights and benefits available to the workmen there under.
Legislations are to be analysed by examining historical background, objectives underlying these
legislations, judicial interpretations and effectiveness of these legislations in the changed
economic policies.
UNIT – I
Historical aspects – Master and Slave Relationship, Trade Unionism in India and UK –
Enactment of the Trade Unions Act, 1926 – ILO Conventions relating to Trade Unions and
relevant Constitutional provisions.
A bird’s eye view of the Act – Definitions – Trade Union – Trade Dispute, etc. – Provisions
relating to registration, withdrawal and cancellation of registration – Funds of Trade Union,
Immunities, problems of Trade Union, Amalgamation of Trade Union – Recognition of Trade
Unions – Methods, need and efforts in this regard, Collective Bargaining – Meaning, methods,
status of collective bargaining settlements, collective bargaining and liberalisation.

55
UNIT – II
Historical Background and Introduction to the Industrial disputes Act, 1947 – Definitions –
Industry, Workman, Industrial Dispute, Appropriate Government, etc., - Authorities/ Industrial
Dispute resolution machinery – Works Committee, Conciliation and Board of Conciliation –
Powers and Functions, Court of Inquiry, Grievance Settlement Authority,
Voluntary Arbitration U/S 10-A, Compulsory Adjudication – Government’s power of reference
U/S – 10 – Critical analysis with reference to decided cases. Compulsory Adjudication –
Composition, Qualification, Jurisdiction, powers of adjudication authorities, - Award and
settlement – Definition, Period of operation, binding nature and Juridical Review of award.
UNIT – III
Law relating to regulation of strikes and lockouts – Definition of strikes and lockouts, Analysis
with reference to judicial interpretations, Regulation U/Ss 22, 23, 10-A (4-A), and 10 (3), Illegal
strikes and lockouts, penalties. – Regulation of job losses – concepts of Lay-off, Retrenchment,
Closure and Transfer of undertakings with reference to statutory definition and Judicial
Interpretations – Regulation of job losses with reference to the provisions of chapter V A and V
B of the ID Act, 1947 – Regulation of managerial prerogatives – Ss. 9A, 11A, 33 and 33A of ID
Act, 1947 – Certified Standing Orders – Meaning and Procedure for Certification, Certifying
officers – Powers and Functions, etc.
UNIT – IV
Concept and Importance of Social Security – Influence of I.L.O. – Constitutional Mandate. The
Employees’ Compensation Act, 1923 – Definitions – employee, employer, dependent, partial
disablement, total disablement, etc. – Employer’s liability for compensation. Computation of
Compensation. Commissioner – Jurisdiction, Powers, etc.
The Employees’ State Insurance Act, 1948 – Definitions – Employment injury, contribution,
dependent, employee, principal employer, etc. – Employees’ State Insurance Funds –
contribution, Benefits available – Administrative Mechanism – E.S.I Corporation, Standing
Committee, Medical Benefits Council – Composition, Powers, Duties – Adjudication of Disputes
– E.S.I Courts. Comparative analysis of the E.S.I Act, 1948 with the Employees’ Compensation
Act,1923
UNIT – V
The payment of Wages Act, 1936 – Definitions – employed person, factory, industrial and other
establishment, wages, etc. – Deductions – Authorities – Inspectors and Payment of Wages
Authority
The Factories Act, 1948 – Definitions – factory, manufacturing process, occupier, worker,
hazardous process, etc. – Provisions of the Factories Act relating to health, safety and welfare of
workers – Provisions relating to Hazardous process – Provisions relating to working conditions
of employment – working hours, weekly leave, Annual leave facility – Provisions relating to
regulation of employment of women, children and young persons.

56
Prescribed Books:
Mishra, Surya.Narayan, An Introduction to Labour and Industrial Law, (Allahabad Law Agency,
1978)
Srivastava, S.C, Indusrial Relations and Labour Law, (New Delhi: Vikas Publishing House).
Dr. V.G. Goswami – Labour Industrial Laws
S.C. Srivastava, Tratise on Social Security.
The Trade Unions Act, 1926
The Industrial Disputes Act, 1947
The Industrial Employment (Standing Orders) Act, 1946
The Employees Compensation Act, 1923
The Employees’ State Insurance Act, 1948
The Payment of Wages Act, 1936
The Factories Act, 1948
Reference Books:
Malhotra O.P, The law of Industrial Disputes, Vol. I and II (N.M. Tripathi Pvt. 1985)
Madhavan Pillai,K., Labour and Industrial Laws, 7th Edition (Allahabad Law Agency, 1998)
Malik P.L., Industrial Law, 23rd Edition, (Eastern Book Co., 2011)
Mamoria and Mamoria – Dynamics of Industrial Relations.
First National Labour Commission Report, 1969.
Second National Labour Commission Report, 2002.
International Labour Conventions and Recommendations.

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57
COURSE – II: JURISPRUDENCE
Objectives:
Any academic discipline, worthy of the name, must develop in the student the capacity for
critical thought. Legal education needs to teach both law and its context- social, political and
theoretical.
At the heart of legal enterprise is the concept of law. Without deep understanding of this concept
neither legal practice nor legal education can be a purposive activity. This course in
Jurisprudence is designed, primarily, to induct students into a realm of questions concerning
nature of law. Therefore, the first part of the course is concerned with important questions like,
what is law, what are the purposes of law?, the relationship between law and justice and the like.
The second part is concerned with the important sources of law. The emphasis is on important
issues concerning law with reference to ancient and modern Indian Legal Thought.
One important branch of Jurisprudence consists in analysis of legal concepts. The law of contract
and tort is concerned with different rights which one person may have against another.
Jurisprudence, on the other hand, studies the meaning of the term “rights” in the abstract and
seeks to distinguish various kinds of rights which are in theory possible under a legal system.
Similarly, it investigates other legal concepts and tries to build up a general and more
comprehensive picture of each concept as a whole. This course is designed primarily on English
model but native India Orientation is given wherever possible.
Course contents:
UNIT – I
Meaning and nature of ‘Jurisprudence’ – purpose and value of Jurisprudence – Schools of
Jurisprudence: Natural law, Imperative Theory, Legal Realism, Historical School, Sociological
School.

UNIT – II
Functions and purpose of law, questions of law, fact and discretion – Justice and its kinds – Civil
and Criminal Administration of Justice – Theories of punishment and Secondary functions of the
Court.
UNIT – III
Sources of law: Legislation, Precedent and Custom – A Comparative study
UNIT – IV
Legal Concepts: Right and Duty, Kinds, Meaning of Right in its wider sense; Possession: Idea of
Ownership, kinds of Ownership, Difference between Possession and Ownership; Nature of
Personality, Status of the Unborn, Minor, Lunatic, Drunken and Dead Persons.

58
UNIT – V
Liability: Conditions for imposing liability – Wrongful act: Damnum Sine Injuria, causation,
mens rea, intension, malice, negligence and recklessness, strict liability, vicarious liability,
obligation. Substantive Law and Procedural Law.
Prescribed Books:
Fitzgerald, Salmond on Jurisprudence, (Bombay: Tripathi, 1999)
Dias, R.W.M, Jurisprudence, (Delhi: Aditya Books, 1994)
Reference Books:
W. Friedman, Legal Theory, (New Delhi: Universal, 1999)
V.D. Mahajan, Jurisprudence and Legal Theory, (Lucknow; Eastern, 1996 Reprint)
Paton, G.W., Jurisprudence, ELBS, (Oxford, 1972)
Bodenheimer, Edgar, Jurisprudence, (Harvard University Press, 1974) (Revised Edition)

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59
COURSE III : 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 and Maintenance Act 1956.
Prescribed Books:
Diwan, Paras, Modern Hindu Law, (Faridabad: Allahabad Law Agency, 1993)
Reference Books:
John D. Mayne, A Treatise on Hindu Law and Usage, 9th Edition, (Madras: Higginbotham, 1922)
Mulla, Principles of Hindu Law, (New Delhi: Lexis Nexis Butterworths, 2007)
Diwan, Paras, Law of Adoption, Ministry, Guardianship and Custody (Universal: 2000)
J.D.M. Derrett – Hindu Law – Past and Present, (Calcutta: A Mukherjee & Co., 1957)
N. Raghavachar, Hindu law

60
COURSE IV: CONTRACT – II (SPECIAL CONTRACTS)
Objectives:
This course enables the students to better appreciate the law governing special contracts like,
indemnity, guarantee, agency, etc. which are more relevant in the contemporary society. Law
contained in several legislations apart from the Indian Contract Act is taught in this Course.
Course contents
UNIT – I
Contract of Indemnity – Definition, Nature and Scope – Rights of indemnity holder –
Commencement of the indemnifier’s liability – Contract of Guarantee – Definition, Nature and
Scope – Difference between contract of indemnity and Guarantee – Rights of surety – Discharge
of Surety – Extent of Surety’s liability – Co-surety.
UNIT – II
Contract of Bailment – Definition – Kinds – Rights and Duties of Bailor and Bailee – Rights of
Finder of goods as Bailee – Contract of pledge – Definition – Comparison with Bailment –
Rights and duties of Pawnor and Pawnee
UNIT – III
Agency – Definition – Creation of Agency – Kinds of Agents – Distinction between Agent and
Servant – Rights and Duties of Agent – Relation of Principal with third parties – Delegation –
Duties and Rights of Agent – Extent of Agents authority – Personal liability of Agent –
Termination of Agency.
UNIT – IV
Indian Partnership Act – Definition – Nature, Mode of determining the existence of Partnership –
Relation of Partner to one another – Rights and duties of partner – Relation of partners with third
parties – Types of partners – Admission – Retirement, and Expulsion of partners Dissolution of
Firm – Registration of Firms.
UNIT – V
Sale of Goods Act – The Contract of sale – Agreement to Sell – Conditions and Warranties –
Passing of property – Transfer of title – Performance of the Contract – Rights of Unpaid Seller –
Remedies for Breach of Contract
Prescribed Books:
Singh, Avtar, Law of Contract and specific Relief, 11th Edition, (Lucknow: Eastern Book
Company, 2013)
Verma J.P (ed.,) Singh and Gupta, The Law of Partnership in India, (New Delhi: Orient Law
House, 1999)
Saharay H.K, Indian Partnership and Sale of Goods Act, (Universal, 2000)
Nair, Krishnan, Law of Contract, (New Delhi: Orient Law House, 1999)
Hire Purchase Act
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Reference Books:
Pollock and Mulla, Indian Contract and Specific Relief Act, 14th Edition, (New Delhi: Lexis
Nexis, 2013)
Anson, William, Law of Contract, 29th Edition, (Oxford University Press, 2010)
Avtar Singh, Principles of the Law of Sale of Goods and Hire Purchase, (Lucknow; Eastern
Book House Ltd, 1998)
Sir Fredrick Pollock and Mulla, Pollock and Mulla on the Sale of Goods Act, 9th Edition, (Lexis
Nexis: 2014)
J.P Varma (ed.), Singh and Gupta, The Law of partnership in India, (New Delhi: Orient Law
House, 1999)

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62
COURSE – V: ADMINISTRATIVE LAW
Objectives:
Administrative law is basically concerned with triple function of administrative authorities, their
constitutional limits and statutory limitations, the procedure to be followed in the exercise of
their functions and the necessity to study in depth relevant remedies. Constitutional or otherwise
in case of administrative arrogance and consequent abuse of power.
Course content
Unit I - Definition of Administrative Law – Nature and scope – The impact and implications of
the Doctrine of Separation and the Rule of Law on Administrative Law, Classification of
Administrative Action – the necessity
Unit – II - Legislative power of Administration – Doctrine of Vice of excessive Delegation –
Judicial and Parliamentary control over delegative legislation – Advantages and disadvantages of
delegated legislation – Exclusion of Judicial Review of Delegated Legislation
Unit – III – Judicial power of Administration - Tests to determines when an administrative
authority required to act judicially – Doctrine of Bias – Doctrine of Audi Altrem Partem –
Reasoned decision – Exceptions to Natural Justice – Effect of non-compliance with rules of
Natural Justice – grounds on which decision of quasi – judicial authority can be flaged before
Supreme Court
Unit IV - Administrative Discretion – Grant and exercise of discretion – Judicial review of
Administrative Discretion
Unit V – Control of Administrative Action – Judicial Control – Public Law and Private Law
Remedies – distinction
Writs – Theory, Practice and Procedure – ouster clause
Liabilities of the state in the province of Contract and Tort – Constitutional Tort Doctrine of
Promissory Estoppels – Doctrine of legitimate expectation – Doctrine of proportionality
Unit – VI – Corporates and Public Undertakings – Control of statutory corporations and public
undertakings – Administrative deviance – Corruption and mal administration – Control
mechanism
Ombudsman in India (Lokpal and Lokayukta) – Central Vigilance Commission – Parliamentary
Committees – Commission of Enquiry
Prescribed Books
M.P. Jain & S.N. Jain, Principles of Administrative law, latest edition
Reference Books
Wade, Administrative Law, latest edition
S.P. Sathe, Administrative Law, latest edition
I.P. Massey, Administrative Law, latest edition
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63
VI SEMESTER

COURSE I : LABOUR LAW – II

OBJECTIVES

In this course, students are to be acquainted with legal frame – work relating to social security
and welfare. It is necessary to know the concept of social security, its importance and also
Constitutional basis for the same. The importance of ensuring healthy, safety and welfare of the
workmen, social assistance and social insurance schemes and the regulation of wages under
various legislations are to be emphasised. The objective is also to understand the provisions of
the Employees Compensation Act, 1923, the Employees’ State Insurance Act, 1948, The
Payment of Wages Act, 1936, the Factories Act, 1948. These legislations are to be studied with a
view to acquaint the students regarding various rights and benefits available to the workmen
there under. Legislations are to be analysed by examining historical background, objectives
underlying these legislations, judicial interpretations and effectiveness of these legislations in the
changed economic policies.
UNIT - I
Concept and Importance of Social Security – Influence of I.L.O. – Constitutional Mandate. The
Employees’ Compensation Act, 1923 – Definitions – employee, employer, dependent, partial
disablement, total disablement, etc. – Employer’s liability for compensation – Conditions and
Exceptions – Procedure for claiming compensation. Computation of Compensation.
Commissioner – Jurisdiction, Powers, etc.

UNIT – II
The Employees’ State Insurance act, 1948 – Definitions – Employment injury, contribution,
dependent, employee, principal employer, etc. – Employees’ State Insurance Funds –
contribution, Benefits available – Administrative Mechanism – E.S.I Corporation, Standing
Committee, Medical Benefits Council – Composition, Powers, Duties – Adjudication of Disputes
– E.S.I Courts. Comparative analysis of the E.S.I. Act, 1948 with the Employees’ Compensation
Act, 1923.

UNIT – III
The Employees’ Provident Fund (Family Pension Fund and Deposit Linked Insurance Fund)
Act, 1952 – Definitions – contribution, employee, employer, factory, fund, etc, - Provident Fund
Scheme, Family Pension Scheme, Employees’ Deposit Linked Insurance Scheme – Scope,
Contributions – Benefits Available – Authorities under the Act – Powers.
The Maternity Benefit Act, 1961 – Object and Scope of the Act, Definitions – appropriate
government, employer, establishment, factory, maternity benefit, etc, - Benefits available under
the Act – Inspectors.
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UNIT – IV
The Payment of Wages Act, 1936 – Definitions – employed person, factory, industrial and other
establishment, wages, etc, - Deductions – Authorities – Inspectors and Payment of Wages
Authority.
The Minimum Wages Act, 1948 – Concept of Wages – Theories of wages and Kinds Definitions
– appropriate government, employer, Scheduled employment, etc, - Fixation of Minimum rates
of wages – Methods – Regulation of working conditions – Payment of Wages, Working Hours,
etc.
The Factories Act, 1948 – Definitions – factory, manufacturing process, occupier, worker,
hazardous process, etc, - Provisions of the Factories Act relating to health, safety and welfare of
workers – Provisions relating to Hazardous process – Provisions relating to working conditions
of employment – Working Hours, Weekly leave, Annual leave facility – Provisions relating to
regulation of employment of women, children and young persons.

UNIT – V
The Unorganised Workers’ Social Security Act, 2008 – Importance of Unorganised Sector,
Definitions – employer, home based worker, self – employed worker, unorganized sector,
unorganized worker, wage worker etc. Schemes – Funding mechanism, Procedure, benefits
available – Administrative Mechanism – Composition and Powers, etc.
Globalization, Privatisation and Open Economy – Compulsions that led to Globalisation Policy –
Effects of Globalisation on Industry and Labour – Constitutional Mandate of Welfare State and
effectiveness of Social Security and Social welfare legislations in India under new economic
policy – Review of laws to meet new challenges – Legislative and Judicial response – trend
towards application of Labour laws – Emergence of laws relating SEZ, etc.

Suggested Readings:
 Dr. V.G. Goswami – Labour Industrial Laws
 K.M. Pillai – Labour and Industrial Laws.
 S.N. Mishra – Labour and Industrial Laws.
 O.P. Malhotra – The Law of Industrial Diispute.
 N.G Goswami – Labour and Industrial Laws.
 Khan and Khan – Labour Law.
 K.D. Srivastava, Payment of Wages Act.
 S.C. Srivatsava, Tratise on Social Security.
 Bhargava, V.B – Induatrial and Laws.
 Pai, G.B : Labour Law in India.

65
 Srivastava, S.C – Industrial Relations and Labour Laws.
 Singh, S.N. – Law and Social change: Essays on Labour Laws and Welfare research
methodology and environmental protection.
 Report of the First National Commission on Labour (1966-69).
 Report of the National Commission on Labour, Government of India, 2002.

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66
COURSE – II: COMPANY LAW
Objectives:
In view of the important developments that have taken place in the corporate sector, the course is
designed to understand the formation, management and other activities of the companies.
Important regulations pertaining to the issue of shares and the capital raising have come into
force. This course aims to impact the students, the corporate management, control, possible
abuses, the remedies, and government regulation of corporate business and winding up of
companies.

Course contents:
UNIT – I
Introduction and Concept
Company- historical development – nature and characteristics of company – kinds of company –
Corporate personality – limited liability – lifting of corporate veil – promoters – duties and
liability of promoters
UNIT – II
Incorporation
Procedure of incorporation – certificate of incorporation – MOA – AOA – Doctrine of indoor
management – prospectus

UNIT – III
Management and Control of Companies
Board of Directors – powers and functions: Distribution of powers between Board of Directors
and general meeting
Directors: appointment – qualification - position of directors – types of directors – powers and
duties of directors – remuneration – removal
Meetings: Meetings of Board and Committees – kinds of meetings – procedure relating to
convening and proceedings at General and other meetings – resolutions – Prevention of
oppression and Mismanagement
Corporate social responsibility
UNIT – IV
Financial structure of company
Sources of capital: Shares – types – allotment – transfer of shares – rights and privileges of
shareholders – dividends – declaration and payment of dividends, prohibition of buy back –
private placement –

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Debentures – floating charge – appointment of debenture trustees and their duties – kinds –
remedies of debenture holders – redemption
Acceptance of Deposit by Companies, charge on assets
UNIT – V
Reconstruction and amalgamation and winding up
Reconstruction, rehabilitation and amalgamation: concept – jurisdiction and powers of courts and
NCLT – vesting of rights and transfer of obligations – takeover and acquisition of minority
interest
Winding up: concept – modes of winding up – who can apply – procedure under different
modes.
Prescribed Books:
Taxman, Companies Act 2013.
Singh, Avtar, Company Law, (Lucknow: Eastern Book Company, 2007)
Reference Books:
Ramaiah,A, Guide to Companies Act, (Nagpur: Wadhwa, 1998)
Shah, S.M., Lectures on Company Law, (Bombay: Tripathi, 1988)
Kuchal, S.C, Corporation Finance: Principles and problems, 10th Edition, (Chaitanya Publishing
House, 1973)
Y.D. Kulshreshta, Government regulation of financial management of private corporate sector
in India, Indian Law Institute, (1986)
S.K Roy, Corporate Image in India A Study of Elite Attitudes towards Public and Private
Induatry, (shri Ram Centre for Industrial Relations and Human Resources, 1974)
Gower, L.C.B, Principles of Modern Company Law, (London: Sweet& Maxwell, 1997)
D.L. Majumdar, Towards a philosophy of Modern Corporation. (Asia Publishing House, 1967)
Pennington, Robert R., Pennington’s Law, (U.K: Oxford University Press, 2001)
Rajiv Jain, Guide on foreign collaboration – Policies & Procedures (Vidhi Publication, 2007).
C. Singhania, Foreign collaborations and Investments in India – Law and procedures, (Fred B.
Rothman & Co, 1999)
Joyant M Thakur, Comparative Analysis of FEMA – FEMA Act, 1999 with FERA.
Sanjiv Agarwal, Bharat’s guide to Indian capital, 2nd Edition, (New Delhi: Bharat Law House
Pvt Ltd, 2001)
Note: The course teachers have to keep track of the notification regarding enforcement of the
Companies Act, 2013 and teach the provisions enforced. For the provisions not enforced, the
parallel provisions from the Act of 1956 are to be taught.
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68
COURSE – III PROPERTY LAW
Objectives:
The focus of this course in on the study of the concept of ‘Property’, the ‘nature of property
rights’ and the general principles governing the transfer of property. A detailed study of the
substantive law relating to particular transfers, such as sale, mortgage. Lease, exchange, gift and
actionable claims will also be undertaken. The course also includes an exposure into the concept
of trust.
Course contents:
UNIT – I
General principles of Transfer of Property by act of parties inter – vivos – Concept and meaning
of immovable property – Transfer of Immovable Property – Persons Competent to transfer –
Operation of Transfer – Conditions restraining alienation and restrictions repugnant to the
interest created – rule against perpetuity and exceptions – Direction for accumulation – Vested
and Contingent interest, void conditions, Rule of acceleration, fulfilment of conditions
subsequent.
UNIT – II
Doctrine of election – transfer by ostensible and co-owner – Apportionment – Priority of rights –
Rent paid to holder under defective title – Improvements made by bonafide holder – Doctrine of
Lis pemdens – Fraudulent transfer and part-performance.
UNIT – III
Mortgages of Immovable property; Definition – Kinds of mortgages and their features – Rights
and liabilities of mortgagor – Priority of securities – Marshalling and contribution – Charges
UNIT – IV
Sale of immovable property: Rights and liabilities of seller and buyer before and after
completion of sale – Difference between sale and contract for sale; Leases of immovable
property: Definition – Scope – creation of lease – rights and liabilities of lessor and lessee –
Determination and holding over; Exchange: Definition and mode – Actionable Claims; Gifts:
Scope- meaning – mode of transfer – universal gifts – onerous gifts.
UNIT – V
Law of Trusts with Fiduciary Relations: Definitions of Trust and its comparison with other
relationships like Debt, Ownership, Bailment, Agency and Contract; Kinds of Trusts – Creation
of Trusts – Appointment of Trustees – Duties and Liabilities of Trustees – Rights and Powers of
Trustees – Disabilities of Trustee- Rights and Liabilities of the Beneficiary – Vacating the office
of trustee and Extinction of Trusts.
Prescribed Books:
Mulla, Transfer of Property Act, (Delhi: Universal, 1999)
Tandon, M.P., Indian Trust Act, 1882,21st Edition, (Allahabad Law Agency, 2012)

69
Reference Books:
Subbarao, Transfer of Property, (Madras: Subbiah Chetty, 1994)
Shukla, S.N, Transfer of Property Act, 28th Edition, (Jain Book Agency, 2014)
Tripathi, G.P., The Transfer of Property Act, 18th Edition, (Jain Book Agency,2014)

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70
COURSE – IV: FAMILY LAW – II: MOHAMMEDAN LAW AND INDIAN
SUCCESSION ACT
Objectives:
The knowledge of family laws is important for lawyers. This course is designed to endow the
students which knowledge of both the codified and uncodified portions of Mohammedan Law.
The course concerns itself with the sources, schools, institutions, succession, maintenance,
menace of dowry, etc. In addition the students have to familiarize themselves with the provisions
of the Indian Succession Act.
Course contents:
UNIT – I
Development of Islamic Law: Advent of Islam & development of Muslim Law, Schools of
Islamic Law, Whos is a Mohammaden; Conversion and its consequences on family: Marriage,
Guardianship, Succession; Child and Family: the Shariat Act, 1937; Sources of Islamic Law;
Concept of Marriage: Definition, object, nature, essential requirements of a Muslim marriage,
classification of marriage – Legal effects of valid, void and irregular marriage – Muta marriage;
Customary practices and State regulation: Polygamy; Child marriage;. Option of Puberty;
Dower; Kinds of Dower: Dower when confirmed; Widow’s Right of Retention
UNIT- II
Parentage Legitimacy, and acknowledgement of Paternity Custody, Maintenance and education,
Guardianship and parental rights. Matrimonial Remedies under Islamic Law and Indian Divorce
Act, 1869 (Amended Act) – Modes of Talak – Effects of Talak – Iddat – Nullity of marriage –
Bar to matrimonial relief; Alimony and maintenance: Alimony and Maintenance as an
independent remedy – A review under muslim law, Indian Divorce Act, 1869, provisions under
the Criminal Procedure Code, 1973; Maintenance of divorced Muslim women under the Muslim
Women (Protection of Rights on Divorce) Act, 1986.
UNIT – III
Will-Meaning, Limitations on a Maohammaden in making a will; Difference between will and
gift, will made in bed or during illness; Gigts(Hiba): Essentials of Valid Gift; Kinds of Hiba;
Revocation of Gifts; Wakf; Essentials of valid Wakf: Mutawalli – Appointment – Powers and
Duties of Mutawalli; Law relating Pre-emption; Nature of Right of Pre-emption; Who can Pre-
empt; Formalities; When the Right of Pre-emption is lost.
UNIT – IV
Muslim law of Inheritance – Shia and Sunni schools; Distribution of property under Indian
Succession Act of 1925 (Of Christians, Parsis) – Domicile – Kinds of Domicile – Modes of
acquisition of Domicile; Parsis Intestate succession and Non parsis Intestate succession,
Succession certificate, Probate and letters of administration, Powers and Duties of Executor,
UNIT – V
Wills – Privileged and unprivileged wills – Construction of Wills in brief – Void bequests, void
wills, Kinds of Legacies; Specific and demonstrative Legacy; Ademption of Legacies; -
Protection of property of the deceased; Appointment of Curator – Powers and Duties Family
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Courts Act, 1984 – Constitution, powers, and its functions; Need for Uniform Civil Code –
Article 44 of Indian Constitution.
Prescribed Books:
Mulla, Principles of Mohammedan Laaw, (New Delhi: Lexis Nexis, 1906).
Paras Diwan, Law of Intestate and Testamentary Succession, 4th Edition, (New Delhi: Universal
Law Publishing Co. Ltd, 2013)
Reference Books:
B.B. Mitra, Indian Succession Act, 1925. 15th Edition, (New Delhi: Jain Book Agency, 2013)
A.A.A Fyzee, Outlines of Mohammedan Law, (Oxford University Press, 1974)
Basu, N.D., Law of Succession, 5th Edition, (Calcutta: Eastern Law House, 1974)
Paras Diwan, Family Law: Law of Marriage and Divorce in India, (New Delhi: Universal Law
Publishing Co. Ltd, 2011)
A.M. Bhattachargee, Muslim Law and the Constitution (Calcutta: Eastern Law House, 1994)
Tahir Mohamood, The Muslim Law of India, (Law Book Company,1980)
Indian Divorce Act, 1869 – Bare Act

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72
VII SEMESTER

COURSE – I: PUBLIC INTERNATIONAL LAW


Objectives:
The course includes the study of general principles of international law including law of peace.
Third world concerns in respect of security and development and the role of U.N. and
International Agencies in structuring solutions in the context of changing balance of power are
also to be appreciated.
Course contents:
UNIT –I
Nature, definition, origin and basis of International Law; Sources of International Law;
Relationship between Municipal and International Law; Subjects of International Laaw.
UNIT – II
States as subjects of International Law: States in general; Recognition; State territorial
sovereignty.
UNIT – III
State Jurisdiction: Law of the sea; State Responsibility; Succession to rights and obligations.
UNIT – IV
State and Individual – Extradition, Asylum and Nationality; the agents of international business;
diplomatic envoys, consuls and other representatives; the law and practice as to treaties.
UNIT –V
The United Nations Organisation – Principal organs and their functions; Worlds Trade
Organisation – Main features; International Labour Organisation.
Prescribed Books:
Starke, J.G, An Introduction to International Law (Oxford University Press, 2013).
Sands Philippe and Pierre Klein, Bowett’s Law of International Institutions, 6th Edition, (Sweet &
Maxwell, 2009)
Reference Books:
Clapham, Andrew, Brierley’s Law of Nations: An Introduction to the Role of International in
International Relations, 7th Edition, (Oxford:2012)
Harris, D.H, Cases and Materials on International Law, 7th Edition, (Sweet and Maxwell, 2010)
Oppenheim, International Law, 9th Edition, (Oxford, 2008)
Kapoor, S.K, International Law, Human Rights (Central Law Agency, 2009)
Das, Bhagirathlal, Introduction to World Trade Organization Agreements (Zed Books, 1998)
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73
COURSE – III: LAW OF TAXATION
Objectives:
Tax laws covers the rules, policies and laws that oversee the taxation process, Taxation also
includes duties on imports from foreign countries and all compulsory levis imposed by the
government upon individuals for benefit of the state. The purpose of this course is to impart
conceptual understanding to the students of the provisions of the Direct Tax Laws (Income Tax)
and Indirect Tax Laws (Customs, Central Excise, Service Tax, Value added Tax and Central
Sales Tax) covered in the syllabus.
Course contents:
UNIT – I
Concept of Tax – Nature and characteristics of taxes – Distinction between tax and fee, tax and
cess – Direct and Indirect taxes – Tax evasion and tax avoidance – Scope of taxing powers of
parliament, State Legislatures and Local bodies. The Income Tax Act: Basis of taxation of
Income – Basic concepts, Persons, Residential status and incidence of tax, - Income from salaries
– Income from house property – Income from business or profession and vocation – Capital
gains, Income form other sources – Deemed assessee, Set off and carry forward of loss
UNIT – II
Incomes exempt from tax, permissible deductions, Assessment, Kinds of assessment, Income
Tax Authorities – appointment – Powers and functions. Provisions relating to collection and
recovery of tax-filling of returns and Refund of tax, appeal and revision provisions, offences and
penalties.
UNIT – III
Central Excise Laws: Nature, scope and basis of levy of Central Excise duty – Meaning of goods
– Manufacturer – Classification and valuation of goods – Duty payment and exemption
provisions – Provisions and procedure dealing with registration and clearance of goods – An
overview of set-off of duty scheme. Authorities – Powers and functions
UNIT – IV
Customs Laws: Legislative background of the levy- Ports – warehouses – Nature and restrictions
on exports and imports – Levy, exemption and collection of customs duties, and overview of law
and procedure – Clearance of goods from the port, including baggage – Goods imported or
exported by post, and stores and goods in transit – Duty draw back provisions. Authorities –
Powers and functions.
UNIT – V
Central Sales Tax Laws: Evolution and scope of levy of Central Sales tax – Inter-State sale
outside a State and sale in the course of import and export – Basic principles Registration of
dealers and determination of taxable turnover; Service Tax – Introduction, concept, taxable
service, registration, valuation, Computation of tax, CENVAT; VAT – Introduction, Concept of
VAT, Legislative Background, Registration, filling of returns, rates of taxes, Authorities –
Powers and functions

74
Prescribed Books:
1. Dr. V.K Singhania – Students Guide to Income Tax.
2. V.S Datey – Indirect taxes – Law and Practice.

Reference Books:
1. Girish Ahuja and Ravi Gupta – Systematic approach to Income – Tax and Sales – tax.
2. T.N. Manoharan – Students Handbook on Income Tax Law.
3. B.B. Lal – Direct Taxes – Practice and Planning.
4. Dr. H.C Malhotra and Dr. S.P Goyal – Direct Taxes.
5. Sharad Bhargava – Income Tax for Students.
6. V. Balachandran – Indirect Taxes.
7. J.K. Jain and Anand Jain – Law of Central Sales Tax in India.
8. P.L. Malik – Commentaries of Customs Act.
9. G. Sarangi – Introduction to Indian Tax System and Central Excise Law and Procedure.

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75
COURSE III: CRIMINAL LAW – II: CRIMINAL PROCEDURE CODE, 1973,
JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2000 AND
PROBATION OF OFFENDERS ACT, 1958.
Objectives:
Procedural Law providing for a fair procedure is significant for a just society. The course is
aimed at driving home the students how the pre-trial, trial and the subsequent process are geared
up to make the administration of criminal justice effective. The course will acquaint the student
with organisation of the functionaries under the Code, their power and functions at various stages
and the procedure according to which these powers and functions are to be exercised. The
students will also undertake the study of two cognate Acts as a part of this course viz,; Juvenile
Justice Act and Probation of Offenders Act. In additions the course teacher shall Endeavour to
familiarise the students with the case paper like FIR, Police statement, charge sheet, etc.
Course contents:
UNIT – I
Introductory and Pre- trial Process’
Meaning of procedure; The organization of the functionaries under the Code; their duties,
functions and powers; First Information Report, complaint; Arrest; Inquest, Inquiry,
Investigation and Trial; Features of a fair trial
UNIT – II Trial
Process – I:
1. Magisterial Powers to take cognizance
2. Commencement of proceedings.
3. Dismissal of complaints.
4. Charge.
5. Process to compel appearance and production of things.
6. Bail.
7. Preliminary pleas to bar trial.
8. Security for keeping peace and good behaviour
UNIT – III
Trail Process – II
1. Provisions as to Inquiries and Trials
2. Types of trial
3. Judgement
4. Appeals, Revision and Reference.
5. Maintenance.

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UNIT – IV
Miscellaneous
1. Transfer of cases.
2. Execution, suspension, remission and commutation of sentences.
3. Disposal of property.
4. Irregular proceedings.
5. Limitation of taking cognizance.
6. Compounding of offences and plea bargaining.
UNIT – V
1. Salient features of the Juvenile Justice (Care & Protection of Children) Act, 2000.
2. Salient features of the Probation of Offenders Act, 1958.
Prescribed Books:
Ratanlal & DhirajLal – The Code of Criminal Procedure.
Juvenile Justice (Care & Protection of Children) Act, 2000 – Bare
Act Probation of Offenders’ Act, 1958 – Bare Act
Reference Books:
R.V. Kelkar – Criminal Procedure
Report of the Committee on Reforms of Criminal Justice System.

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77
COURSE – IV: CLINICAL COURSE – I: PROFESSIONAL ETHICS AND
PROFESSIONAL ACCOUNTING SYSTEM
Objective:
Professions are noble. The movement of all professions, hitherto, has been from chaos to
organization, organization to consolidation and consolidation to autonomy and monopoly. Same
is true of the law profession also. The prime reason for conferring autonomy and monopoly by
the society on the professionals is the fact that they are a body of learned persons and the interest
of society and individuals is safe in their hands. The Bar should set enviable standards of ethics
and scrupulously adhere to them as also enforce them. It is too good of the society to trust the
learned body of the professionals to regulate themselves and not to empower an outsider to sit in
judgement over their activities. The trust reposed by the society in profession is to be zealously
guarded. The Bar should live up to the expectations of the society. The society has a right to
expect of the professionals such ideal behaviour. The course is designed to imbue students with
these high values forming the basis of the profession so that they can live up to those standards in
their professional life.

Course contents:
UNIT – I
The legal profession and its responsibilities; The equipment of the lawyer; Conduct in Court;
Professional conduct in general; Privileges of a lawyer; Salient features of the Advocates Act,
1961.
UNIT – II
Duty to the Court; Duty to the profession; Duty to the opponent; Duty to the client; Duty to the
self; Duty to the public and the State.
UNIT – III
Contempt of Court Act, 1972.
Selected major judgements of the Supreme Court:
1. In the matter of D, An Advocate, AIR 1956 sc 102.
2. P.j. Ratnam v. D.Kanikaram, AIR 1964 SC 244.
3. N.B. Mizran v. The disciplinary committee of Bar Council of Maharastra and Another,
AIR 1972 SC 46.
4. Bar Council of Maharastra v. M.V. Dabhokar, etc., AIR 1976 SC 242.
5. V.C. Rangadurai v. D. Goplan and others, AIR 1979 SC 201.
6. Chandra ShekharSoni v. Bar Council of Rajasthan and others, AIR 1983 SC 1012.
7. In Re an Advocate,
8. In Re Vinay Chandra Mishra, 1995 (Vol-I) IBR 118.
9. Supreme Court Bar Association v. Union of India, AIR 1998 SC 1895.
78
10. Ex-Capt. Harish Uppal v. Union of India, AIR 2003 SC 739.
UNIT – IV
Selected opinions of the Bar Council of India
1. DC Appeal No. 16/93 1998 (Vol.1) IBR 135
2. BCI Tr. Case No. 40/91 1998 (Vol.1) IBR 139
3. DC Appeal No. 8/94 1998 (Vol.1) IBR 153
4. DC Appeal No. 20/94 1997 (Vol.3&4) IBR 193
5. BCI Tr. Case No. 76/95 1997 (Vol.3&4 IBR 201
6. DC Appeal No. 43/96 1997 (Vol.3&4) IBR 207
7. DC Appeal No.18/91 1997 (Vol.1&2) IBR 271
8. DC Appeal No. 24/90 1996 (Vol.1) IBR 135
9. DC Appeal No. 19/93 1996 (Vol.1) IBR 152
10. BCI Tr. Case No. 104/90 1996 (Vol.1) IBR 155
11. BCI Tr. Case No. 52/89 1994 (Vol.1) IBR 187
12. BCI Tr. Case No. 127/88 1992 (Vol.3&4) IBR 125
13. BCI Tr. Case No. 39/87 1992 (Vol.3&4) IBR 147
14. BCI Tr. Case No. 39/89 1992 (Vol.3&4) IBR 149
15. BCI Tr. Case No. 16/88 1989 (Vol.1) IBR 99
16. BCI Tr. Case No. 2/88 1989 (Vol.1) IBR 102
17. BCI Tr. Case No. 52/88 1989 (Vol.2) IBR 110
18. DC Appeal No. 41/87 1989 (Vol.2) IBR 122)
19. BCI Tr. Case No. 29/81 1989 (Vol.2) IBR 245
20. DC Appeal No. 14/88 1989 (Vol.2) IBR 258
21. BCI Tr. Case No. 14/80 1989 (Vol.2) IBR 264
22. DC Appeal No. 24/87 1989 (Vol.2) IBR 273
23. DC Appeal No. 46/86 1989 (Vol.2) IBR 280
24. DC Appeal No. 3/88 1989 (Vol.2) IBR 285
25. BCI Tr. Case No. 2/80 1989 (Vol.2) IBR 289
26. BCI Tr. Case No. 10/86 1989 (Vol.3&4) IBR 520
27. BCI Tr. Case No. 101/88 1989 (Vol 3&4) IBR 524
28. DC Appeal No. 23/88 1989 (Vol.3&4) IBR 532

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29. DC Appeal No. 35/87 1989 (Vol.3&4) IBR 536
30. BCI Tr. Case No. 27/88 1989 (Vol.3&4) IBR 542
31. BCI Tr. Case No.6/84 1989 (Vol.3&4) IBR 560
32. BCI Tr. Case No. 24/86 1989 (Vol.3&4) IBR 563
33. DC Appeal No. 10/88 1989 (Vol.3&4) IBR 572
34. DC Appeal No. 45/74 1988 (Vol.1&2) IBR 182
35. DC Appeal No.23/87 1989 (Vol. 1&2) IBR 187
36. DC Appeal No. 6/81 1988 (Vol. 1&2) IBR 193
37. BCI Tr. Case No. 16/86 1988 (Vol.1&2) IBR 197
38. DC Appeal No. 41/86 1988 (Vol.1&2) IBR 200
39. DC Appeal No. 33/86 1988 (Vol.3&4) IBR 354
40. DC Appeal No. 21/85 1988 (Vol.3&4) IBR 359
41. BCI Tr. Case No. 43/82 1988 (Vol.3&4) IBR 364
42. DC Appeal No. 28/86 1988 (Vol.3&4) IBR 374
43. DC Appeal No. 64/74 1987 (Vol.2) IBR 319
44. DC Appeal No. 30/84 1987 (Vol.2) IBR 488)
45. DC Appeal No. 40/86 1987 (Vol.3) IBR 491
46. DC Appeal No. 10/86&10A/86 1987 (Vol.3) IBR 496
47. DC Appeal No. 7/86 1987 (Vol.3) IBR 496
48. DC Appeal No. 7/81 1987 (Vol.4) IBR 735
49. DC Appeal No. 12/86 1987 (Vol.4) IBR 745
50. BCI Tr. Case No. 57/87 1987 (Vol.4) IBR 753

UNIT – V
Accountancy for lawyers:
Need for maintenance of accounts – Books of accounts that need to be maintained – Cash Book,
Journal and ledger.
Elementary aspects of book keeping: Meaning, object, journal, double entry system, closing of
accounts
The cash and bulk transaction – The Cash book – Journal proper especially with reference to
client’s accounts – Ledger, Trial balance and final accounts – Commercial mathematics.

80
1. Mode of assessment: The scheme of evaluation for Clinical Course-I: Professional
ethics and Professional accounting system shall be as under:
a. There shall be a viva for 20 Marks at the end of the semester. Viva shall be
conducted by the course teacher and the principal.
b. Two written Tests shall be conducted for 40 marks each.
c. The questions in the test papers should be spread over whole syllabus.
d. I test shall be at the end of 9 weeks of the semester and the II test shall be by the
end of the semester.
Prescribed Books:
Iyer, K.V., Krishnaswamy, Professional Conduct and Advocacy, (Oxford University Press,
1945)
B.S. Raman, Financial Accounting, “Elements of Accountancy”, (Mangalore: United Publishers,
1998)
Reference Books:
Menon, N.R Madhava, Clinical Legal Education, (Eastern Book Co., 2008)
Dr. B. Malik, Art of Lawyer, (New Delhi: Universal Book Agency, 1999)
Contempt of Court Act, 1971

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81
VIII SEMESTER

COURSE – I: LAW OF EVIDENCE


Objectives:
The law of Evidence has its own significance amongst Procedural Laws. The knowledge of law
of Evidence is indispensable for a lawyer. The course is designed to acquaint the students with
the rules of evidence in relation to relevancy of facts and proof. In addition they are introduced to
law relating to production of evidence. The course teacher shall familiarize the students with
appreciation of evidence and use innovative techniques like simulation exercises wherever
necessary.
Course contents:
UNIT – I
Introduction: Distinction between substantive and procedural law- Salient features of the Indian
Evidence Act, 1861.
- Facts – Facts in issue and relevant facts – Evidence – Circumstantial and direct evidence
– Presumptions, proved, disproved, not proved – Witness – Appreciation of evidence. Relevancy
of Facts – facts connected with facts in issue – Doctrine of Res gestae; Sections 6,7,8 and 9 of
Evidence Act – Evidence of Common Intention – Section 10, Relevancy or otherwise irrelevant
facts – Facts to prove right or custom (Section 13) – Facts concerning state of mind/state of body
or bodily feelings (Sections 14 and 15) – Relevancy and admissibility of admissions, privileged
admissions – evidentiary value of admissions (Sections 17 to 23).
UNIT – II
Relevancy and admissibility of confessions – Admissibility of information received from an
accused person in custody – Confession of co-accused (Sections 24 to 30) – Admitted facts need
not be proved (Section 58); Dying declaration – Justification for relevance – Judicial standards
for appreciation of evidentiary value – Section 32 (1) with reference to English Law – Other
statements by persons who cannot be called as witnesses – (Sections 32 (2) to (8), 33) –
Statement under special circumstances (Sections 34 to 39); Relevance of judgments – General
principles – Fraud and collusion (Sections 40 to Sec. 44); Expert testimony: General principles
(Sections 45 – 50) – Who is an expert – Types of expert evidence – Problems of judicial defence
to expert testimony.
UNIT III
Character evidence – Meaning – Evidence in Civil Criminal cases : English Law (Sections 52-
55) Oral and documentary Evidence – Introduction of facts – General principles concerning ora ;
Evidence (sections 59-60) – General principles concerning documentary : Evidence (Sections 61
-90 ) General Principles regarding exclusions by evidence (Sections 91-100).
UNIT IV
Burden of proof – The general conception of onus of onus porbandhi (Sections – 101) –General
and special exception to onus porbandi (section 102-106. The jurisdiction of presumption and

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burden of proof (sections 107 to 114) with special reference to presumption to legitimacy of
child and presumption as to dowry death – Doctrine of judicial notice and presumptions.
Estoppel : Scope of Estoppel – Introduction as to its rationale (sections 115) Estoppel
distinguished from Res judicata – waiver and presumption – kinds of Estoppel – Equitable and
Promissory Estoppel – Tenancy Estoppel (section 116).
UNIT - V
Witness, Examination and Cross Examination

Competence to testify (sections 118 to 120) - Privileged communications ( sections 121 to 128)
– General principles of examination and cross examination (sections 135 to 166) – Leading
questions (141 to 145) – Approvers testimony (section 133) – Hostile witness (section 154)
Compulsion to answer questions (sections 147,153) – Question of corroboration (sections 156-
157) – Improper admission of evidence.

Prescribed Books :

Ratanlal and Dhirajlal, Law of Evidence, (New Delhi, Lexis Nexis, 2011)

Reference Books :

Sarkar, Law of Evidence, 18th Edition (Lexis Nexis Butterworths, 2014)

Lal, Batuk, Law of Evidence, (Central Law Agency, 1990).

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83
COURSE – II: OPTIONAL – I HUMAN RIGHTS LAW AND PRACTICE

Objectives:
the objectives of the course are to prepare for responsible citizenship with awareness of the
relationship between Human Rights, democracy and development; to foster respect for
international obligations for peace and development; to impart education on national and
international regime of Human Rights; to sensitize students to human suffering and promotion of
human life with dignity; to develop skills on human rights advocacy and to appreciate the
relationship between rights and duties and to foster respect for tolerance and compassion for all
living creatures.

Course contents:

UNIT – I
Jurisprudence of Human Rights; Nature, definition, origin and theories of human rights.
UNIT – II
Universal protection of human rights – United Nations and Human Rights – Universal
Declaration of Human Rights, 1948; International Covenant on Civil and Political Rights, 1966;
International Covenant Economic, Social and Cultural Rights, 1966.
UNIT – III
Regional Protection of Human rights – European system – Inter American System – African
System
UNIT – IV
Protection of Human Rights at national level; Human rights and the Constitution; The Protection
of Human rights Act, 1993.
UNIT - V
Human Rights and Vulnerable Groups: Rights of Women, Children, Disabled, Tribals, Aged and
Minorities – National and International Legal Developments.

Prescribed Books:
Thedor, Meron, Human Rights and International Law: Legal and Policy Issues, 2Vols.
Kapoor, S.K., International Law and Human Rights, Central Law Agency, 2014.

Reference Books:
Luis, Henkin, “The Rights of Man Today”, University of Miami Inter-American Law Review,
Vol.,1 1, Spring 1979 (p.229-244)
Singh, Nagendra, Enforcement of Human Rights in Peace and War and the future of humanity,
(Calcutta: Eastern Law House 1986)

Relevant International Instruments.


United Nations Charter, 1945.
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Universal Declaration of Human Rights, 1948.
International Convention on the Elimination of All Forms of Racial Discrimination, 1948.
International covenant on civil and Political Rights, 1966.
International covenant on Economic and Cultural Rights, 1966.
Convention on Elimination of All forms of Discrimination against Women, 1979.
Convention on the Rights of the Child, 1989.

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85
COURSE – II: OPTIONAL – I: INSURANCE LAW
Objectives:
The insurance idea is an old-institution of transactional trade. The main objective of every
insurance contract is to give financial security and protection to the insured from any future
uncertainties. Hence, insurance is considered as an inevitable component of economic
development. Even from olden days merchants who made great adventures, gave money by way
of consideration to other persons who made assurance, against loss of their goods, merchandise
ships and things adventured. The rates of money consideration were mutually agreed upon. Such
an arrangement enabled other merchants more willingly and more freely to embark upon further
trading adventures. The operational framework of insurance idea is provided by the general
principles of contract. The insurance policy, being a contract, is subject to all the judicial
interpretative techniques of rules of interpretation as propounded by the judiciary. Besides, the
insurance idea has a compensatory justice component. This course is designed to acquaint the
students with the conceptual and operational parameters of insurance law in the light of various
legislations regulating insurance sector in India.
Course contents:
UNIT – I
Introduction: Nature – Definition – History of Insurance – History and development of Insurance
in India, Contract of Insurance: Classification of contract of Insurance: (Life insurance – General
insurance and Re-insurance – A brief overview), Nature of Insurance Contract, Overview of
Insurance laws in India: Insurance Act, 1938 – Insurance Regulatory and Development Authority
Act, 1999: Its role and functions.
UNIT –II
Principles of Insurance law: Principles of good faith (uberrimae fidei) – Non disclosure –
Misrepresentation in Insurance contract, Insurable Interest, Principle of Indemnity – Difference
between Indemnity and Guarantee, Principle of Contribution, Principle of Loss Minimization,
the risk – Meaning and scope of risk, Causa Proxima, Premium: Definition – Method of payment
– Days of grace – Forfeiture – Return of premium, Assignment of the subject matter.
UNIT – III
Life Insurance: Nature and scope of Life Insurance, Kinds of Life Insurance, The policy and
formation of a Life Insurance contract, Event insured against Life Insurance contract,
Circumstance affecting the risk, Amount recoverable under the Life Policy – Persons entitled to
payment – Settlement of claim and payment of money – Life Insurance Corporation Act, 1956
(overview) – General Insurance Business (Nationalization) Act, 1972 (overview) – Health and
Medical Insurance, The Motor Vehicles Act, 1988 – Sec. (140 – 176) – Nature and scope –
Absolute or no fault liabilities, Third party or compulsory insurance of motors vehicles – Claims
Tribunal – Legal aspects of Motor Insurance.
UNIT – IV
Fire Insurance: Nature and scope of Fire Insurance – Basic Principles – Conditions & Warranties
– Right & Duties of Parties – Claims – Some Legal Aspects, Introduction to Agriculture
Insurance – History of Crop Insurance in India – Crop Insurance Underwriting, Claims,
86
problems associated with Crop Insurance, Cattle Insurance in India, Micro Insurance, Public
Liability Insurance: Public Liability Insurance Act, 1991 (overview) – Claims, Consumer courts
and Insurance Ombudsman.
UNIT – V
Marine Insurance: Nature and Scope – Classification of Marine policies – Insurable interest –
Insurable values – Marine Insurance and policy – Conditions and express Warranties – Voyage
Deviation – Perils of sea – Loss – Kinds of Loss – The Marine Insurance Act, 1963 (Sections 1
to 91)
Prescribed Books:
Murthy K.S.N and K.V.S. Sharma, Modern Law of Insurance in India, (New Delhi: Lexis Nexis,
2009)
Srinivasan, M.N., Principles of Insurance Law, 7th Edition, (Nagpur: Wadhwa and Co., 2004).
Reference Books:
Singh, Avtar, Law of Insurance, (Jain Book Agency, 2004)
Birds, John, Bird’s Modern Insurance Law, 8th Edition, (London: Sweet & Maxwell, 1997)
W. Patterson, Edwen, Cases and Materials on Law of Insurance (New York: Foundation Press,
1955)
Insurance Act, 1938.
The Marine Insurance Act, 1963.
General Insurance (Business) (Nationalization) Act, 1972.
The Life Insurance Corporation Act, 1956.
Motor Vehicle Act, 1988.

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87
COURSE – III: OPTIONAL –II: BANKING LAW
Objectives:
A vitally important economic institution the banking is deeply influenced by socio-political and
economic changes. The emerging changes in India, particularly after the initiation of the
planning process as an instrument of rapid economic development had molded and the affected
the banking structure, policies, patterns and practices. A significant development in the banking
system is diversification in banks financing. The Commercial banks entered into the field of
wide ranging financial assistance to industry, both large and small scale, requiring the need for
social control of the banking system eventually leading to the nationalization of banks.
The conventional banking system, found to be deficient for planned developmental purpose,
paved the way for developmental Banking. The fag of the lost millennium witnesses influx of
foreign banking companies into India and a shift in the banking policy as part of a global
phenomenon of liberalisation. The legal system is adopting itself into the new mores.
This course is designated acquaint the student with the conceptual and operational parameters of
banking law, the judicial interpretation and the new and emerging dimensions of the banking
system.
UNIT – I
NATURE AND DEVELOPMENT OF BANKING
History of banking in India and elsewhere indigenous banking – Evolution of banking in India –
Different kinds of banks and their functions – Multi functional banks – Growth and legal issues
LAW RELATING TO BANKING COMPANIES IN INDIA
Controls by government and its agencies: On management – On account and audit – lending –
Credit policy – Reconstruction and reorganization – suspension and winding up.
UNIT – II
BANKING REGULATION ACT, 1949: Evolution of central bank, characteristics and
functions, Economic and social objective, The central bank and the State – as bankers bank, The
Reserve Bank of India as the central Bank
ORGANISATIONAL STRUCTURE – Functions of the RBI – regulation of monitory
mechanism of the economy – Credit control – Exchange control – Monopoly of currency issues
– Bank rate policy formation. Control of RBI over non banking companies, financial companies,
non financial companies.
THE DEPOSIT INSURANCE CORPORATION ACT,1961: Objects and reason –
Establishment of Capital of DIC, Registration of banking companies insured banks, liability of
DIC to depositors.. Relations between insured bank, DIC and Reserve Bank of India

UNIT–III
RELATIONSHIP OF BANKER AND CUSTOMER: Legal character, control between banker
and customer, Banker’s lien, protection of bankers, customers, Nature and type of accounts –

88
special classes of customers, lunatics, minor, partnership corporations, local authorities, Right
and duties of the banker and customer. Consumer protection –banking as service
UNIT – IV
LAW RELATINF TO NEGOTIABLE INSTRUMENTS, 1881 ACT (read with the amended
act of 2002) Negotiable Instrument – Kinds – Holders and holders in due course- Parties–
Negotiable- Assignment – Presentment, Endorsement – Liability of parties, Payment in due
course – Special rules of evidence - material alteration –Noting and protest – Paying banker and
collecting banker – Bills in sets – Penal provisions under negotiable instrument Act – bankers
book evidence Act.

UNIT – V
LENDING BY BANKS: Good lending principles, Lending to poor masses Securities for
advances – kinds and their merits and demerits, - Repayment of loans; rate of interest , protection
against penalty – Default and recovery – debt recovery tribunal.
RECENT TRENDS OF BANKING SYSTEM IN INDIA: New technology, Information
technology, Automation and legal aspects, Automatic teller machines and use of internet, smart
card, use of expert system, Credit cards.
Prescribed Books:
Tannan,M.L., Banking Law and Practice, (Lexis Nexis, 2014).
M.S. Parthasarathy (Ed.), Khergamvala, Negotiable Instruments Act (Bombay: N.M. Tripathi Pvt
Ltd, 1955)
Justice Bhaghabati Parasad Banerjee, Guode to Securitisation and Reconstruction of Financial
Assets and Enforcement of Security Interest Act, 2002.
Reference Books:
Singh, Avtar, Laws of Banking and Negotiable Instruments, (Eastern Book Co., 2007)
Basu, Saroj Kumar and Alak Ghosh, A Review of Current banking Theory and Practice, (Mc
Millan, 1974)
Paget, Law of Banking, 13th Edition, (UK: Lexis Nexis, 2007)
Goyle, L.c., The Law of Banking and Bankers, (Eastern Law House, 1995)
Relevant provisions of Information Technology Act, 2000.

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89
COURSE III – OPTIONAL – II: RIGHT TO INFORMATION
Objectives:
Free exchange of ideas is a basic pillar of a democratic society. Corruption thrives in sacred
places, therefore it is stated sunlight is the best disinfectant. There should be governance in
sunshine. The course is designed to convince the students how the right to information infuses
transparency and accountability in governments, preventing abuse of power.
Course contents:
UNIT – I
Historical development of freedom of information in Sweeden, USA and UK. Right to
Information before Right to Information Act, 2005 In India. Significance in democracy,
constitutional basis, Supreme court on Right to Information.
UNIT – II
RTI Act – Definitions; Right to Information and obligations of public authorities.
UNIT – III
Central information commission; State Information commission; powers and functions of
information commissions; Appeals and penalties.
UNIT – IV
Other related laws – The Official Secrets Act, 1923, The Public Records Act, 1993, The Public
Records Rules, 1997, The Freedom of Information Act,2002, The Commission of Inquiry
Act,1952, The Commission of Inquiry (central)Rules,1972.
UNIT – V
RTI Judicial response, Supreme court and High court decisions on RTI , Best practices – A study
of decisions rendered by state commissions and central commission in the following areas of –
Police, Revenue, PWD, Irrigation, Secretariat, BSNL, Posts and Telegraphs, Scheduled Banks,
CPWD, Income Tax Department, Central Excise Department and Local authorities.
Prescribed Books:
J.H. Barowalia, Commentary on the right to Information Act (Universal Law Publications.)
Kamath, Nandan, A guide to Cyber Laws and IT Act, 2000 with Rules and Notifications, 3rd
Edition, (Universal Law Publisher, 2007)
Reference Books:
Dr. Farooq Ahmed, Cyber Law in India, 3rd Edition, (New Era Law Publisher, 2008)
Joga Rao, S.V., Law relating to Right to Information – A Comprehensive and Insightful
Commentary with comparative Perspectives, (Jain Book Agency, 2009)
Dr. Madubhushi Sridhar: Right to Information, Law & Practice (latest edition)

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90
COURSE – IV: CLINICAL COURSE – II: ALTERNATIVE RESOLUTION SYSTEMS
Objectives:
Today alternative disputes resolution systems have become more relevant than before both at
local, national and international levels. Certain of the disputes, by nature are fit to be resolved
through specific method of resolution. Each of these dispute resolution systems involves
different style of planning and execution. The skills involved are also different as also
preparation. This course trains the student in ADRs. The course teacher shall administer
simulation excercise for each of the methods
Course contents:
UNIT – I
General; Different method dispute resolution; inquisitorial method, adversarial method, other
methods – both formal and informal – like Arbitration, Conciliation, Negotiation, Mediation etc.
– Advantages and disadvantages of above methods; Need for ADRs, International commitments,
domestic needs, Suitability of ADRs – to particular types of disputes, civil procedure code and
ADRs.
UNIT – II
Arbitration – meaning of arbitration, attributes of arbitration, general principles of arbitration,
different kinds of arbitration, quality and qualification of an arbitrator, Arbitration agreement and
its drafting, Appointment of arbitrator, Principle steps in arbitration, Arbitral award, Arbitration
under Arbitration and Conciliation Act, 1996.
UNIT – III
Conciliation: Meaning – different kinds Conciliation, facilitative, evaluative court- annexed ,
Voluntary and compulsory; qualities of a conciliator, duties of a conciliator, role of a conciliator,
stages of Conciliation, procedure, conciliation under statutes – Induatrial disputes Act 1947,
Family Courts Act 1984, Hindhu Marriage Act 1955, Arbitration and Conciliation Act, 1996
UNIT – IV
Negotiation: Meaning, Different styles of negotiation, different approaches of negotiation,
phases of negotiation, qualities of a negotiator, power to negotiate
UNIT – V
Mediation: Meaning, qualities of a mediator, role of mediator, essential characteristic of the
mediation process – voluntary, collaborative, controlled, confidential, informal and impartial and
neutral, self responsible, different modules of mediation, code of conduct for mediators.
Prescribed Books:
Madabhushi, Sridhar, Alternative Dispute Resolution, (New Delhi: Lexis Nexis, 2006)
Rajan R.D., A Primer on Alternative Dispute Resolution, (New Delhi: Jain Book Agency, 2005)

91
Reference Books:
Sampath D.K., Mediation Concept and technique in support of Resolution of Disputes, (National
Law School of India University, 1991)
Gold Neil, et.al., Learning Lawyers Skills, (London: Butterworths in conjunction with the
common wealth Legal Education Association, 1989) (Chapter – 7)
Michael Noone, Mediation, (Cavendish Pub., 1996) (Chapters – 1, 2&3).
1. Mode of Assessment: The scheme of evaluation for Clinical Course –
II. Alternative Diapute Resolution Systems shall be as under:
a. Two Written Tests shall be conducted for 30 marks each.
b. The questions in the test papers should be spread over whole syllabus.
c. I. test shall be at the end of 9 weeks of the semester and the II test shall be by
the end of the semester.
There shall be four simulation exercises conducted for 10 marks each
(one exercise each in negotiation, mediation, arbitration and conciliation).

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92
IX SEMESTER

COURSE – I: CIVIL PROCEDURE CODE AND LIMITATION ACT


Objectives:
Study of procedural law is important for a Law student. This course is designed to acquaint the
students with the various stages through which a civil case passes through, and the connected
matters. The course also includes law of limitation. The course teacher shall Endeavour to
familiarise the students with the case papers (like plaints, written statements, Interlocutory
applications, etc.) involved in civil cases and touch upon the provisions of Evidence Act
wherever necessary.
Course contents:
UNIT – I
Civil Procedure Code
Introduction; Distinction between procedural law and substantive law – History of the code,
extent and its application, definition; Suits: Jurisdiction of the Civil Courts – Kinds of
jurisdiction – Bar on suits – Suits of civil nature (Sec.9); Doctrine of Res sub judice and Res
judicata (Sections 10, 11 and 12); Foreign Judgement (Sections 13 – 14); Place of Suits
(Sections. 15 to 20); Transfer of Cases (Sections. 22 TO 25)
UNIT – II
Institutioon of suits and summons: (Sections. 26, O.4 and Sections. 27, 28, 31 and O.5); Interest
and Costs (Sections. 34, 35, 35A, B); Pleading: Fundamental rules of pleadings – Plaint and
Written Statement – Return and rejection of plaint – Defences – Set off – Counter claim; Parties
to the suit (O.1): Joinder, misjoinder and non-joinder of parties – Misjoinder of causes of action
– Multifariousness.
UNIT – III

Appearance and examination of parties (O.9, O.18) – Discovery, inspection and production of
documents (O.11 & O.13) – First hearing and framing of issues (O.19 and O.14) – Admission
and affidavit (O.12 and O.19) – Withdrawal and compromise of suits (O.23) – Judgement and
Decree (O.20); Execution (Sections 30 to 74, O.21): General principal of execution – Power of
executing Court – Transfer of decrees for execution – Mode of execution – a) Arrest and
detention, b) Attachment, c) Sale.

UNIT – IV

Suits in particular cases; Suits by or against Governments (Sections 79 to 82, O. 27); Suits by
aliens and by or against foreign rulers, ambassadors (Sections 85 to 87); Suits relating to public
matters (Sections 91 to 93); Suits by or against firms (O.30); Suits by or against minors and
unsound persons (O.32); Suits by indigent persons (O.33); Inter-pleader suits (Sec.88, O.35);
Interim Orders; Commissions (Sec. 75, O.26); Arrest before judgement and attachments before
judgement (O.38); Temporary injunctions (O.39); Appointment of receivers (O.40); Appeals

93
(Sections 90 to 109, O.41, 42, 43, 45); Reference – Review and Revision (Sections. 113,114,115,
O.46); Caveat (Sec. 144.A) – Inherent powers of the Court (Sections 148, 149, 151).

UNIT – V

Limitation Act, 1963.

Prescribed Books:

Bakshi, P.M., Mulla’s Civil Procedure Code, 12th Edition, (Bombay: Tripathi, 1990)

Tendon, M.P, Code of Civil Procedure, (Allahabad Law Agency, 2005)

Karnataka Civil Rules of Practice – Bare Act.

Reference Books:

Malik, M.R, Ganguly’s Civil Court, Practice and Procedure, (Eastern Law House, 2012)

Takwani, C.K, Civil Procedure Code. (Eastern Book Co., 2010)

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94
COURSE – II: OPTIONAL – III: INTELLECTUAL PROPERTY RIGHTS – I

Objectives:

Intellectual Property Law has assumed a great importance in recent times as a result of the
recognition that “knowledge is property”. The creations of the human brain as IP are required to
be understood and protected. The syllabi encompassing all relevant IP legislations in India with a
view to understand and adjust with changing needs of the society because creative work is useful
to society and law relating to innovation/creativity i.e. Intellectual Property is one of the fastest
growing subjects all over the globe because of its significance and importance in the present era.
Disseminate information on national and international IPR issues. The course is designed with a
view to create IPR consciousness; and familiarize the learners about the documentation and
administrative procedures relating to IPR in India. The subject Intellectual Property Law divided
into two papers namely paper – I and paper – II of 100 marks each.

Course contents:

UNIT – I

Introductory Aspects: Overview of the concept of property; Industrial property and non-
industrial property; Historical background of IPR; Importance of human creativity in present
scenario; Different forms of Intellectual Property and its conceptual analysis.

Patents: Introduction and overview of patent protection; History of Patent protections; Meaning
and definition of patent; Object of patent; Scope and salient features of Patent Act; How to
obtain a patent; Product patent and Process patent; Specification – Provisional and complete
specification; Opposition proceedings to grant of patents; Register of patents and Patent Office;
Rights and obligations of patentee; Transfer of patent Rights; Compulsory licences; Government
use of inventions; Revocation and surrender of patents; Infringement of Patents; Offences and
Penalties.

UNIT – II

Trade Marks: Introduction and overview of trade mark; Evolution of trade mark law; Meaning
and definition of Trade mark; Object of trade mark; Features of good trade mark; Different forms
of trade mark; Trademarks registry and register of trademarks; property in a trade mark;
Registrable and non – registrable marks; Basic principles of registration of trade mark; Deceptive
similarity; Assignment and transmission; Rectification of register; Infringement of trade mark;
Passing off; Domain name protection and registration; Offences and penalties.

UNIT –III

Introduction and overview of Cyber Intellectual Property; Intellectual property and cyberspace;
Emergence of cyber crime; Grant in software patent and Copyright in software; software piracy;
Trade marks issues related to Internet (Domain name); Data protection in cyberspace; E-
commerce and E- contract; Salient features of Information Technology Act; IPR provisions in IT
Act; Internet policy of Government of India.
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UNIT – IV

Geographical Indications: Introduction and overview of geographical indications; Meaning and


scope of geographical indications; Important geographical indications of India and their features;
Salient features of the Protection of Geographical Indications Act; Protection of geographical
indications; Misleading use of geographical indications; Registration of geographical indications;
Right to use geographical indications; Infringement; Remedies against Infringement; Role and
functions of Registrar of Geographical indications; Conflict between Trade mark and
geographical indications.

UNIT – V

International Convention and Treaties: Paris Convention: Background; Salient features of Paris
Convention; Governing rules of Paris Convention; Patent Cooperation Treaty: Background;
Objectives of PCT; Salient features of PCT; Madrid Convention: Salient features; International
registration of marks; World Intellectual Property Organisation: Background; Salient features
WIPO; Organisation of WIPO.

Prescribed Books:

1. Narayan, S., Intellectual Property Law in India, (Hyderabad: Gogia Law Agency, 2005)

2. Cornish, William, Intellectual Property: Patents, Copyright, Trademark and Allied


Rights, 2nd Edition, (London: Sweet & Maxwell, 1998)

Reference Books:
1. Ganguli, Prabuddha, Intellectual Property Rights: Unleashed the knowledge Economy,
(Tata Mc GrawHill Publishing Co., 2001)
2. Caddick, Nicholas et (al)., Copinger & Skone James, Copyright, 16th Edition, (U.K:
Sweet & Maxwell, 2013).
3. Unni, Trade Marks and the Emerging concepts of Cyber Property Rights, (Kolkata:
Eastern Law House, 2002)
4. Ryder, Rodney, Intellectual Property and the Internet. (Jain Book Agency: 2002)
5. Matthan, Rahul, The law relating to Computers and the Internet. (Butterworths India Ltd,
2005)
6. Verkey, Elizabeth, Law of Plant Varieties Protection, 1st Edition, (Eastern Book Co.,
2007
7. Duggal, Pavan, Cyber Law: the Indian Perspective, (Saakshar Law Publications, 2002)
8. Mittal, D.P., Taxmann’s Law of information Technology (Cyber Law) (Taxmann Allied
Services, 2000)

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COURSE – II OPTIONAL – III: PENOLOGY & VICTIMOLOGY

Objectives:

This course offers a specialist understanding of criminal policies including theories of


punishment, their supposed philosophical and sociological justifications and the problem of
exercise of discretion in sentencing. In addition the course introduces students to the discipline of
victim logy which will shift the study from accused centric approach to much needed victim
centric approach.

Course contents:

UNIT – I

Introduction: Notion of punishment in law; Difference between crime prevention and control;
Theories of punishments.

UNIT – II

Kinds of punishment; Sentencing policies and processes; the riddle of capital punishment.

UNIT – III

Prison reforms; Alternatives to imprisonment; Victim logy – Introduction, history and


philosophy.

UNIT – IV

Victim logy – European experience; American experience; Victim witness assistance


programmes; Restitution.

UNIT – V

Victim logy – Indian experience; Legal framework; Role of Courts; Role of NHRC.

Prescribed Books:

Sutherland, Edwin H., Principles of Criminology and Penology, (Eastern Book Co., 2009)

Rajan, V.N., Victimology in India: Perspectives beyond Frontier, (APH Publishing, 1995)

Reference Books:
H.L.A. Hart, Punishment and Responsibility.
S. Chabra, Quantum of Punishment in Criminal Law.
Herbert L. Packer, The Limits of Criminal sanctions.
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COURSE – III: OPTIONAL – IV: INTERPRETATION of STATUTES & PRINCIPLES
OF LEGISLATION

Objectives of the course

As it is difficult to have legislations without ambiguous provisions, there is a need to make


proper study of the rules and principles relating to interpretation of statues. Legislation is the
major source of law of the modern era. Legislatures enact laws after much deliberation. No doubt
in this process they have to take into account the present and future needs of the people. What
are the matters to be reckoned with by legislature while enacting laws? With the emergence of
legislation, interpretation of statues became a method by which judiciary explores the intention
behind the statues. Judicial interpretation involves construction of words, phrases and
expressions. In their attempt to make the old and existing statutes contextually relevant, courts
used to develop certain rules, doctrines and principles of interpretation. Judiciary plays a highly
creative role in this respect. What are the techniques adopted by courts in construing statutes?
How far are they successful in their strategy? With the above problems and perspectives in view,
this paper is framed.

UNIT – I: Interpretation of Statutes

Meaning of the term ‘statutes’, Commencement, operation and repeal of statutes, Purpose of
interpretation of statutes, Restrictive and beneficial construction, Taxing statutes, Penal statutes,
Welfare legislation Law, Interpretation of substantive and adjunctival statues, Interpretation of
directory and mandatory provisions, Interpretation of enabling statutes, Interpretation of
codifying and consolidating statutes, Interpretation of statutes conferring rights, Interpretation of
statutes conferring powers.

UNIT – II: Aids to Interpretation

Internal aids, Title, Preamble, Headings and marginal notes, Sections and sub-sections,
Punctuation marks, Illustrations, exceptions, provisions and saving clauses, Schedules, Non –
obstante clause

External aids, Dictionaries, Translations, Travaux Preparatiores, Statutes in parimaterial,


Contemporanea Exposito, Debates, inquiry commission reports and Law Commission reports

UNIT – III – Rules and Principles of Statutory Interpretation

Primary Rules, Literal rule, Golden rule, Mischief rule (rule in the Heydon’s case), Rule of
harmonious construction, Secondary Rules, Noscitur a sociis, Ejusdem generis,
Reddendosingulasingulis. Principles of Constitutional Interpretation, Harmonious construction,
Doctrine of pith and substance

Colourable legislation, Ancillary powers, “Occupied field”, Residuary power, Doctrine of


repugnancy.

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UNIT – IV Presumptions in statutory interpretation

Statutes are valid, Statutes are territorial in operation, Presumption as to jurisdiction,


presumption against impairing obligations or permitting advantage from one’s own wrong,
Prospective operation of statutes

UNIT – V Principles of Legislation

Law – making – the legislature, executive and the judiciary, Principle of utility, Operation of
these principles upon legislation, Distinction between morals and legislation

Select bibliography

G.P. Singh, Principles of Statutory Interpretation, (7th Edition) 1999, Wadhwa, Nagpur.

P. St. Langan (Ed.). Maxwell on The Interpretation of Statutes (1976)

N.M. Tripathi, Bombay

K. Shanmukham, N.S. Bindras’s Interpretation of statutes, (1997) The Law Book Co.
Allahabad.

V. Sarathi, Interpretation of Statutes, (1984) Eastern, Lucknow

M.P. Jain, Constitutional Law of India, (1994) Wadhwa&Co.

M.P.Singh, (Ed.) V.N. Sukla’s Constitution of India, (1994) Eastern, Lucknow.

Jeremy Bentham, Theory of Legislation, Wadhwa, Nagpur

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99
COURSE – III: OPTIONAL – IV: COMPETITION LAW

Objectives:

The competition plays a key role in ensuring productive, efficient, innovative, and responsive
markets. The consumers are ensured availability of ‘goods’ and ‘services’ in abundance of
acceptable quality at affordable price. But if the anti-competitive practices take precedence in the
market, the consumers and the economy of the nation both will be adversely affected. Hence, to
prevent such situation and to ensure fair competition in the market the Competition Act, 2002
was enacted. This course is designed to give the students an insight into the Competition Act,
2002. It enables the students to understand the role of competitive market in the economic
development of the country, anti-competitive practices and its impact on socio-legal scenario of
the country.

Course contents:

UNIT – I

Competition policy and economics, the function of Competition Law, Overview of the Practices
Controlled by Competition Law, Constitutional provisions regulating trade.

UNIT – II

Sherman Antitrust Act, 1890; Relevant provisions of Clayton Act, 1914; Relevant provisions of
the Federal Trade Commission Act, 1914; Salient features of U.K. Competition Act, 1998; (U.K)
Enterprise Act, 2002.

UNIT – III

Overview of the Monopolies and Restrictive Trade Practices Act, 1969; the relevant provisions
of Consumer Protection Act, 1986; the Competition Act, 2002; definitions; prohibition of anti-
competitive agreements, abuse of dominant position and regulation of combinations.

UNIT – IV

Competition Commission of India; composition of Commission; duties, powers and functions of


Commission.

UNIT – V

Duties of Director general; Penalties; Competition advocacy; Case Law

Prescribed books:

1. Richard Whish & David Bailey, Competition Law, 7th ed., (New York: Oxford University
Press, 2012).

100
2. Mittal D.P., Competition Law and Practice, 3rd ed., (New Delhi: Taxmann Publications
(p.) Ltd,2010)

3. Roy Abir & Jayant Kumar, Competition Law in India, (Kolkata: Eastern Book House,
2008).

Reference Books:

1. Dugar S.M., Commentary on the MRTP Law, Competition Law & Consumer Protection
Law, Vol.I & II, 4th ed., (Nagpur: Lexis Nexis Butterworths Wadhwa, 2006)

2. Dhall Vinod (ed.), Competition Law today – Concepts, Issues & the law in Practice,
(New Delhi : Oxford University Press, 2007)

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101
COURSE – IV: CLINICAL COURSE – III: DRAFTING, PLEADING AND
CONVEYANCE

Objectives:

Translation of thoughts into words – spoken and written is an essential ingredient of an effective
lawyer. The students should be trained in drafting of pleadings and conveyances and other
essential documents. The skill of drafting can be acquired and sharpened by undertaking the
exercises under the supervision of an expert in the field. The course aims at equipping the
students with drafting skills.

Course contents:

1. General principles of drafting and relevant substantive rules.

2. Pleadings – Civil: plaint, written statement, interlocutory application, original petition,


affidavit, execution petition, memorandum of appeal and revision, petition under Art.226
and Art.32 of the Constitution of India.

3. Pleadings – Criminal: complaint, criminal miscellaneous petition, bail application,


memorandum of appeal and revision.

4. Conveyance: sale deed, mortgage deed, lease deed, gift deed, promissory note, power of
attorney, will, trust deed, partition deed, etc.

5. Drafting of writ petition and Public Interest Litigation petition.

This course shall be taught through class room instructions and simulation exercises preferably
with the assistance of practicing lawyers or retired judges.

Examination and allocation of marks:


1. Each student shall undertake 15 practical exercises in drafting of pleadings carrying 45
marks (3 marks for each exercise).
2. Each student shall undertake 15 practical exercises in Conveyancing, which carries 45
marks (3 marks each).
3. The above-mentioned drafting of Pleadings and Conveyancing exercises shall be in the
handwriting of the students on one side of the bond size papers. The papers shall be
bound accompanied by a certificate signed by the course teacher and the principal to the
effect that it is the bonafide work of the concerned candidate.
4. The cover shall indicate the name of the examination, subject, seat number, and the
center code number.
5. There shall be a contents page.
At the end of the semester, the student shall appear for a viva voce, which shall carry 10 marks.
Viva – to be conducted by the Principal and the Course teacher.
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102
X SEMESTER

COURSE – I: ENVIRONMENTAL LAW

Objectives:

Environmental problems have attained alarming proportions. It is essential to sensitise the


students to environmental issues and the laws. The important principles in the field like inter-
generation equity, carrying capacity, sustainable development, and precautionary principle,
polluter pay principles are to be appreciated. The law in practice is to be analysed and evaluated.
The course is designed towards these objectives.

UNIT – I

The Idea of Environment:

Environment: meaning and components – Pollution: meaning, sources, Kinds, and effects of
Pollution – Ancient and Medieval Writings – Environmental jurisprudence – National
environmental policy.

UNIT – II

Environmental Policy and Law: Pre & Post Independence Period – Constitution provisions on
Environment and its Protection: Right to Environment – Duty to protect environment – Public
interest litigation and environment – Role of Judiciary on Environmental issues – Doctrines of
Environmental Pollution: Evolving new Principles – Absolute Liability – Polluter pays principle
– Precautionary principle – Inter generational equity principle – Public trust doctrine.

UNIT – III

International Law and Environmental Protection: Sustainable Development – International


conventions in the development of Environmental Laws and its Policy: Stockholm – Rio &
Johannesburg Declaration – Trans – boundary Pollution hazards & Regulation; Common Law
aspects of Environmental Protection – Criminal Law and environment.

UNIT – IV

Prevention and Control of Water & Air Pollution: Water Act, 1974 and Air Act, 1981 – Pollution
Control Boards and its powers and functions – offences and penalties – Remedies in case of
water and air pollution – Noise pollution and its control: Noise Pollution (Regulation & Control)
Rules, 2000 – Wildlife Protection Act, 1972: Hunting – Trade in Animal articles – Authorities
under wild life protection Act – Role of Judiciary on wild life protection – Forest Conservation
Act, 1980 – judicial approach.

103
UNIT – V
Environment Protection Act, 1986 – ECO-Mark, Environmental Audit – Coastal Regulation
zone, Environment Impact Assessment: Discretionary Model and Mandatory Model, -
Regulation on Bio-Medical Waste – Disposal of Solid Waste.
Prescribed Books:
1. P. Leela Krishnan, Environmental Law in India, Third Edition, Lexis Nexis
Armin Rosencranz – Environmental Law and Its Policy in India.
2. S.C. Shastri, Environmental Law, Third Edition, Eastern Book Company.
Reference Books:
1. Lal’s Encyclopedia on Environment Protection and Pollution laws, Fifth Edition, Volume
1&2, Delhi Law House.
2. Shyam Divan and Armin Rosencranz, Environmental Law and Policy in India
(Cases, Materials and Statutes), Second Edition, Oxford University Press.
3. Relevant Bare Acts/Notifications.

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104
COURSE – III: OPTIONAL – V: INTELLECTUAL PROPERTY RIGHTS – II
Objectives:
Intellectual Property Law has assumed a great importance in recent times as a result of the
recognition that “knowledge is property”. The creations of the human brain as IP are required to
be understood and protected. The syllabi encompassing all relevant IP legislations in India with a
view to understand and adjust with changing needs of the society because creative works useful
to society and law relating to innovation/creativity i.e. intellectual property is one of the fastest
growing subjects all over the globe because of its significance and importance in the present era.
Disseminate information on national and international IPR issues. The course is designed with a
view to create IPR consciousness; and familiarize the learners about the documentation and
administrative procedures relating to IPR in India.
Course contents:
UNIT – I
Indian Copyright Law: Introduction and overview of copyright: History of the concept of
copyright and related rights; Nature of copyright: Salient features of Copyright Act; Subject
matter of copyright; Literary work; Dramatic work; Musical works; Artistic works;
Cinematographic films; Sound recordings; Term of copyright; Computer software and copyright
protection; Author and ownership of copyright; Rights conferred by copyright; Assignment,
transmission and relinquishment of copyright; Licences; Infringement of copyright; Remedies
against infringement of copyright.
UNIT – II
Biological Diversity law: Introduction and overview of Biological Diversity; Meaning and
scope of Biological Diversity; Biological resources and traditional knowledge; Salient features of
Biological Diversity Act 2002; Regulation of access to Biological Diversity; National
Biodiversity Authority; Functions and powers of Biodiversity Authority; State Biodiversity
Board; Biodiversity Management Committee and its functions.
UNIT – III
Protection of Plant Varieties and Farmers Rights Law: Legal concepts relating to the
protection of plant varieties rights; Legal concepts relating to the protection of plant breeders
rights; IPR in new plant varieties; Policy and objectives of protection of plant varieties and
farmers rights Act; Plant varieties and farmers rights protection authority; National register of
plant varieties; Procedure for registration; Rights and privileges; Benefit sharing; Compensation
to communities; Compulsory licence; Infringement; Relief against infringement; National Gene
Fund.
UNIT – IV
Designs Law: Introduction and overview of Designs Law; Salient features of Designs Law;
Procedure for registration; Rights conferred by registration; Copyright in registered designs;
Infringement; Powers and duties of Controller; Distinction between design, trade mark,
copyright &patent.

105
UNIT – V
International Treaties / Conventions on IPR: TRIPS Agreement: Background; Salient
features of TRIPS; TRIPS and Indian IPR; Berne Convention: Background; Salient features of
Berne Convention; Convention on Biological Diversity: Objectives of CBD; Salient features
of CBD; International IPR agreements affecting protection of plant varieties: The WTO Doha
round of trade negotiations; International Treaty on Plant Genetic Resources (“ITPGR”)
Prescribed Books:
1. Narayan, S., Intellectual Property Law in India, (Hyderabad: Gogia Law Agency, 2005)
2. Cornish, William, Intellectual Property: Patents, Copyright, Trademark and Allied
Rights, 2nd Edition, (London: Sweet & Maxwell, 1998)
Reference Books:
1. Ganguli, Prabuddha, Intellectual Property Rights: Unleashed the knowledge Economy,
(Tata Mc Graw Hill Publishing Co., 2001)
2. Caddick, Nicholas et (al)., Copinger & Skone James, Copyright, 16th Edition, (U.K:
Sweet & Maxwell, 2013)
3. Unni, Trade Marks and the Emerging concepts of Cyber Property Rights, (Kolkata:
Eastern Law House, 2002)
4. Verkey, Elizabeth, Law of Plant Varieties Protection, 1st Edition, (Eastern Book Co.,
2007)
5. Acharya, N.K, Text Book on Intellectual Property Rights, 7th Edition, (Asia Law House,
2014)
6. Das, J.K., Intellectual Property Rights, 1st Edition, (Kamal Law House, 2008)

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106
COURSE – III: OPTIONAL – V: WHITE COLLAR CRIMES (PRIVILAEGAED CLASS
DEVIANCE
Objectives:
This course focuses on the criminality of the privileged classes – the wielders of all forms of
state and social power. The course focuses on the relation between privilege, power and deviant
behaviour. The traditional approaches which highlight white collar offences, socio-economic
offences or crimes of powerful deal mainly deal with the deviance of the economically
resourceful. The dimension of deviance associated with the bureaucracy, the new rich, religious
leaders and organisations, professional classes are to be addressed. In teaching this course,
current developments in deviants reflected in press and media, law reports and legislative
proceedings are to be focussed.
Course contents:
UNIT – I
Introduction – Concept of white collar crime – Indian approaches to Socio-economic offences –
forms of privileged class deviance – official deviance (Legislators, judges and bureaucrats),
professional deviance, trade union deviants, land law deviance, upper class deviance, police
deviance, gender based deviance, deviance by religious leaders and organisations.
UNIT – II
Official deviance; Prevention of Corruption Act, 1988
UNIT – III
Police and politicians’ deviance; N.N. Vorha Committee Report; Lokpal and Lokayukta
institutions.
UNIT – IV
Professional deviance; Medical profession – The Lentin Commission Report; Legal profession –
Opinions of Disciplinary Committee of Bar Council of India.
UNIT – V
Gender based deviance – sexual harassment; Offences scheduled casted and scheduled tribes
Prescribed Books:
Edwin H.Sutherland – Criminology.
Ahmad Siddique. Criminology.
Reference Books:
Upendra Baxi – The Crisis of Indian Legal system.
Upendra Baxi – Law and Poverty.
Upendra Baxi – Liberty and Corruption.
A.R.Desai – Violation of Democratic Rights in India.
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107
COURSE – IV: OPTIONAL – VI – LAND LAW
UNIT – I
Introduction, Constitutional Provisions, Fundamental Rights, Agricultural Reforms
Property as Legal Right and Legislative powers
The Union States and Local Bodies
UNIT – II
Land Acquisition Act 1894 along with Karnataka State Amendment Rules 1965
Proposed Land Acquisition and Rehabilitation and Resettlement Bill
Land Utilisation and Conversion
Urban Land (Ceiling & Regulation) Act 1976
Karnataka Land Reforms Act 1961 and Rules 1974
UNIT – III
The Karnataka Land Revenue Act 1964,
Karnataka Land Revenue Rules 1966
Karnataka Land Records of Rights Rules 1961
Karnataka Land Revenue (Regularisation of un-authorised Occupation of Lands) Rules 1970
Karnataka Revenue Survey Manual Land Tax
Fees for the use of Bridges and High ways
UNIT – IV
Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands)
Act, 1978 and Rules 1979
Karnataka Prevention of Fragmentation and Consolidation of Holdings Rules 1969
Karnataka Land Grant Rules 1969
UNIT – V
Bangalore Metropolitan Region Development Authority (BMRDA)
District Development Authorities BDA MUDA,etc.
National Highway Authority
State Highway Authority
Reference
Puliani & Pilianu Pub. Karnataka Law Journal Publications – Land Laws in Karnataka

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108
COURSE – IV: OPTIONAL – VI: LAW RELATING TO INTERNATIONAL TRADE
ECONOMICS
Objectives:
International trade has assumed great importance in 21st century and its regulation under law has
become a necessity to prevent exploitation of the weaker people. A new legal regime to regulate
international trade is emerging. Students of law should have understanding of these
developments. This course is worked out to provide the future lawyers basic inputs in the area of
international trade law.
Course contents:
UNIT – I
Historical perspectives of International Trade, Institutions – UNCTAD, UNCITRAL, GATT
(1947-1994);
World Trade Organization – Objectives, Structure, Power; Most favorted Nation Treatment and
National Traeatment; Tariffs and safeguard measures.
UNIT – II
Technical Barriers to Trade; Sanitary and Phyto – sanitary measures; Trade Related Investment
Measures (TRIMs); Anti – Dumping, subsides and Countervailing Measures; Dispute Settlement
Process.
UNIT – III
international Sales of Goods formation and Performance of International Contracts, Various
forms and Standardization of Terms; Acceptance and Rejection of Goods, frustration of
Contract, Invoices and packing, product liability.
UNIT – IV
Exports – Insurance of Goods in Transit; Marine Insurance and kinds; Law on Carriage of goods
by sea, land and air, Container transport, Pre-Shipment Inspection; Licencing of Export and
Imports.
UNIT –V
Laws Governing Finance and Investments; Foreign Collaboration and Investment Policy;
Foreign Direct Investment in Industries and Governing Policies; Foreign Institutional Investors
(FIIS): Investment by Non – resident Indians (NRIs) and Overseas Corporate Bodies (OCBs);
Foreign Collaboration Agreement – Foreign Technology Agreement; Foreign Companies and
Foreign Nationals in India.
Prescribed Books:
Bhalla, Raj, International Trade Law: Theory and practice, 2nd Edition, (Lexis Nexis, 2001)
Kaul A.K., Guide to the WTO and GATT: Economics, Law and Politics, (Kluwer Law
International, 2006)
Note: The course teacher should down load the latest materials from the net and impart the
information to the students.
109
COURSE – V: CLINICAL COURSE – IV: MOOT COURT EXERCISE AND
INTERNSHIP
Objectives:
This course is designed to hone advocacy skills in the students. Moot Courts are simulation
exercises geared up to endow students with facility in preparation of written submissions and
planning, organising and marshalling arguments in the given time so as to convince the presiding
officer.
The students should familiarize themselves with the various stages of trial in civil and criminal
cases. They should be exposed to real court experience. Further they should imbibe the skills of
client interviewing. This component may be planned to be part of the internship for minimum 12
weeks (20 weeks for 5 year LL.B. course) during the entire course under NGO, trial and
appellate advocates, legal regulatory authorities, legislatures and parliament, other legal
functionaries, market institutions, law firms, companies, local self government and other such
bodies as the university may stipulate. However, the internship shall not be for a period of more
than four weeks continuously in an academic year.

Course contents:
Moot Court (30 marks)
1.1 Each student shall participate in at least 3 moot courts. Each moot court exercise shall
carry
10 marks, which, shall be divided as under:
- For oral advocacy: 5 marks, and
- Written submission: 5 marks.
1.2 The student shall make written submission on behalf of the party for whom he makes oral
advocacy as assigned by the course teacher.
1.3 The written submission for the three moot courts shall be neatly written on one side of the
bond size papers and bound together with a certificate signed by the course teacher and
the principal to the effect that it is the bonafide work of the concerned student.
1.4 The cover shall indicate the name of the examination, subject, seat number and the center
code number.
Observation of Trial (30 marks)
1.1 Each student shall attend trial in two cases one civil and one criminal in the course of last
two or three years.
1.2 The student shall maintain a record and enter the various steps observed during their
attendance on different days in the Court.

110
1.3 The record shall be neatly written on one side of the bond size paper and bound. It will
carry a certificate by the course teacher and principal to the effect that it is the bonafide
work of the concerned student.
1.4 The record shall be valued for 30 marks.
1.5 The cover page shall indicate the name of the examination, subject, seat number and the
center code number.
Client Interviewing (30 marks)
Each student shall observe two session of client interviewing at the Lawyer’s Office/Legal Aid
Office and record the proceedings in a diary, which shall carry 15 marks.
Each student shall further observe the preparation of documents and Court papers by the
Advocate and the procedure for the filling of the suit/petition.
This shall be recorded in a dairy, which shall carry 15 marks.
The Diaries shall be neatly written on one side of bond size papers and bound with a certificate
signed by the course teacher and the Principal to the effect that it is the bonafide work of the
concerned student.
The cover page of the dairy shall indicate the name of the examination, subject, seat number, and
the center code number.
Viva (10 marks)
At the end of the semester, the student shall appear for a viva voce, which shall carry 10 marks.
Method of assessment: The submissions of Moot courts shall be valued by the course teacher.
The diaries relating to trial observation and client interviewing and pre-trial preparations shall be
valued by the professional under whose supervision the student has completed internship and the
course teacher if it is so planned. If internship is with an Authority wherein trial observation and
client interviewing is not possible, the student shall undertake these exercises separately and it
shall be evaluated by the course teacher. The viva shall be conducted by the Principal of the
college and the course teacher.

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