SHRI KRISHNA UNIVERSITY, CHHATARPUR

(M.P.)

SYLLABUS FOR
BACHELOR OF LEGISLATIVE LAW (LL.B.)
(THREE YEARS COURSE)
(w.e.f. Year: 2019-20)

SCHEME FOR MARKS

SECOND YEAR

FOURTH SEMESTER
Assigned for Sessional
Course Theory Total
Name of Course (Internal Evaluation)
No. MM MIN MM MIN Marks
1 Labour and Industrial Law-I 60 24 40 16 100

2 Law of Crime II-Criminal 60 100

24 40 16
Procedure code.
3 Intellectual property I (Patent 60 100
24 40 16
Right creation & Registration)
Property law (including Transfer
4 of Property Act., Registration 60 100
24 40 16
Act, Indian Stamp Act and
Easement Act)
5 Interpretation of statutes & 60 100
24 40 16
principles of legislation
6 Alternate Dispute Resolution 60 100
24 40 16
System
TOTAL 600

Syllabus for LL.B. (3 years) 1

 SHRI KRISHNA UNIVERSITY, CHHATARPUR (M.P.)
LL.B.
FOURTH SEMESTER
PAPER I: LABOUR AND INDUSTRIAL LAW-I
MM:100 Th:60 I.E.:40

SYLLABUS:

UNIT-I:
Law Relating to Industrial Relations:-
 Trade Unions Act, 1926 Main features and the following :-
 History of Trade Unionism in India
 Development of Trade Union Law in India
 Right to Trade Union as part of fundamental right to freedom of
association under the Indian Constitution.
 Definition of Trade Union and Trade Dispute
 Distinction between Trade Dispute and Individual Dispute.
 Registration of Trade Unions
 Legal status of registered trade union
 Mode of registration
 Powers and duties of Registrar
 Cancellation and dissolution of trade union
 Procedure for change of name
 Amalgamation and dissolution of trade union
 Disqualifications of office-bearers, Right and duties of office- bearers and
members
 General and Political funds of trade union f. Civil and Criminal Immunities
of Registered trade unions
 Recognition of Trade Unions
 Collective Bargaining and Trade Disputes

UNIT-II:
The Industrial Disputes Act, 1947 – Main features and the following :-
 Definitions of Employer, Industry, Lay off, Lock out, Retrenchment,
Strike, Unfair Labour Practice and workman.
 Industrial Dispute and Individual Dispute
 Settlement of industrial dispute
 Works Committee
 Conciliation Machinery
 Court of Enquiry
 Voluntary Arbitration
 Adjudication – Labour Court, Tribunal and National Tribunal
 Strike and Lock outs
 Lay off and Retrenchment
 Unfair Labour Practices
 Penalties

UNIT-III:
Law of Wages and Principles of Wage Fixation:-

Syllabus for LL.B. (3 years) 2

  The Minimum Wages Act, 1948 – Main features and the following :-
 Concept of wages – Minimum wages, fair wages, living wages.
 Constitutional validity of the Minimum wages Act, 1948
 Definitions – Employer, Wages, Employee, Wage Structure
 Procedure for fixation and revision of minimum wages and working hours
 Fixation of minimum rates of wage by time rate or by piece rate
 Procedure for hearing and deciding claims etc.

 Payment of Wages Act, 1936

 Object, scope and application of the Act
 Definition of wage
 Responsibility for payment of wages
 Fixation of wage period
 Time of payment of wage
 Deductions which may be made from wages
 Maximum amount of deduction

UNIT-IV:
 The Payment of Bonus Act,1965
 Historical development of concept of bonus.
 Meaning of Bonus.
 Constitutional Validity of the Act.
 Computation of bonus
 Eligibility and Disqualification for bonus
 Recovery of bonus due from an employer
 Penalties and all Sections of the Act.

UNIT-V:
Legislations affecting conditions of work
 The Factories Act, 1948 - Main features and the following :-
 Definitions – Factory, Manufacturing Process, Hazardous Process, Worker
and Occupation
 Provisions relating to Health.
 Provisions relating to Safety.
 Provisions relating to Hazardous Process.
 Provisions relating to welfare
 Working hours of adults
 Employment of young person and children
 Provisions relating to employment of women in factory
 Penalties.

Note: - In addition to the above question may be asked on aspects related with this
paper.

Recommended Source Material:

Essential Reading:
1. S.N.Mishra : Labour and Industrial Law, Central Law Publication,
Allahabad,
2. S.C. Srivastava: Industrial Relations and Labour Law, Vikas Publishing
House, New Delhi
3. Khan and Khan‟s: Commentary on Labour andIndustrial Law, Asia Law
House, Hyderabad
4. V.G.Goswami : Labour and Industrial Laws, Central Law Agency,
Allahabad

Syllabus for LL.B. (3 years) 3

Additional Reading:
1. P.L. Malik : Labour and Industrial Laws, Eastern Book Company,
Lucknow
2. Labour Law Journal: Lexisnexis Publisher, Gurgaon, Haryana
3. Labour Law-I - Myneni SR
4.
5. Labour and Industrial Law - K.M. Pillai
6. Labour and Industrial Law (New Edition) - S.K. Puri
7. Introduction to Labour and Industrial Law, 3/e - Avtar Singh & Harpreet
Kaur
8. Commentary on Labour & Industrial Law - Ahmedullah Khan &
Khans
9. LABOUR AND INDUSTRIAL LAWS - S.M. CHATURVEDI
10. LABOUR AND INDUSTRIAL LAWS - DR. V.G. GOSWAMI

Syllabus for LL.B. (3 years) 4

 SHRI KRISHNA UNIVERSITY, CHHATARPUR (M.P.)
LL.B.
FOURTH SEMESTER
PAPER II: LAW OF CRIME-II
(Criminal Procedure Code)
MM:100 Th:60 I.E.:40

SYLLABUS:

UNIT-I:
1. Introductory
 The rationale of criminal procedure: the importance of fair trial
 Constitutional perspectives: Articles 14, 20 and 21.
 Constitution of Criminal Courts and Offices.
 Power of Courts.
 Power of Superior Officers of Police.

UNIT-II:
1. Pre – Trial Process : Arrest
 The distinction between cognizable and non- cognizable offences.
 Steps to ensure accused‟s presence at trial: warrant and summons.
 Arrest with and without warrant (Section 70-73 and 41)
 The absconder status ( Section 82, 83, 84 and 85 )
 Rights of the arrested person.
 Right to know grounds of arrest. (Section 50 (1), 55 and 75)
 Right to be taken to magistrate without delay. ( Section 56, 57)
 Right of not being detained for more than twenty four hours (Section
57):
 Article 22 (2) of the Constitution of India.
 Right to consult legal practitioner, legal aid and the right to be told of
rights to bail.
 Right to be examined by a medical practitioner. (Section 54)

2. Pre – trial Process : Search and Seizure

 Search Warrant ( Section 83, 94, 97 and 98 ) and searches without
warrant (Section 103).
 Police search during investigation (Section 165, 166, 153)
 General Principles of search. (Section 100)
 Seizure (Section 102)

3. Pre – trial
Process : FIR
 FIR (Section 154)
 Evidentiary value of FIR (See Sections 145 and 157 of Evidence Act)

4. Pre – trial Process: Magisterial Powers to take Cognizance.

UNIT-III:
1. Trial Process
 Commencement of Proceedings : (Section 200, 201, 202)
 Dismissal of Complaints (Section 203, 204)
 Bail: concept purpose: constitutional overtones.
 Bailable and Non- bail able offences (Section 436, 437, 439)

Syllabus for LL.B. (3 years) 5

  Cancellation of Bail.(Section 437(5) )
 Anticipatory bail (Section 438)
 Appellate bail powers (Section 389 (1), 395 (1), 437 (5) )
 General Principles concerning bond (Section 441 – 450)

2. Fair Trial
 Conceptions of fair trial.
 Presumption of innocence.
 Venue of trial.
 Right of the accused to know the accusation (Section 221 – 224)
 The right must generally be held in the accused presence (Section 221 –
224)
 Right of cross – examination and offering evidence in defense: the
accused statement.
 Right to speedy trial.

3. Charge
 Framing of charge.
 Form and content of charge. (Section 211, 212, 216)
 Separate charges for distinct offence. (Section 218, 219, 220, 221,
223)
 Dis - charge - pre – charge evidence.

UNIT-IV:
1. Preliminary pleas to bar the trial
 Jurisdiction (Section 26, 177 – 188, 461, 462, 479)
 Time Limitations : rationale and scope (Section 468 – 473)
 Pleas of autrefois acquit and autrefois convict (Section 300, 22D)
 Compounding of offences.

2. Trial before a Court of Sessions : Procedural steps and substantive rights

3. Judgment
 Form and content (Section 354)
 Summary trial
 Plea Bargaining.
 Post – conviction orders in lieu of punishment : emerging penal
policy (Section 360, 61, 31)
 Compensation and cost.(Section 357, 358)
 Modes of providing judgment (Section 353, 362, 363)

4. Appeal, Review, Revision

 No appeal in certain cases (Section 372, 375, 376)
 Supreme court of India (Sections 374,379)(Articles
31,132,134,136)
 High Court (Section 374)
 Sessions Court (Section374)
 Special right to appeal (Section 380)
 Governmental appeal against sentencing (Section 377, 378)
 Judicial power in disposal of appeals (Section 368)
 Revisional Jurisdiction (Sections 397 – 405)
 Transfer of cases(Section 406, 407)

5. Provisions related to maintenance to Wife, Children and Parents (Section-

125 to Section 128)

Syllabus for LL.B. (3 years) 6

UNIT-V:
1. Juvenile delinquency
 Nature and magnitude of the problem.
 Causes
 Juvenile cxourt system.
 Treatment and rehabilitation of juveniles.
 Juveniles and adult crime.
 Legislative and judicial protection of juvenile offender.
 Juvenile Justice (Care and Protection of Children) Act, 2015

2. Probation
 Probation of offender‟s law.
 The judicial attitude.
 Mechanism of probation: Standards of probation services.
 Problems and prospects of probation.
 The suspended sentence.
 The probation of offenders Act, 1958.

Note: - In addition to the above question may be asked on aspects related with this paper.

Recommended Source Material:

Essential Reading-
1. S.N.Mishra : Criminal Procedure Code, 1973
2. Ratanlal Dhirajlal : Criminal Procedure Code, 1973
3. Shoorveer Tyagi : Criminal Procedure Code, 1973
4. N.V.Paranjpe : Danda Prakriya Sanhita
5. Bhattacharya : Danda Prakriya Sanhita
6. M.D.Chaturvedi : Criminal Procedure Code, 1973
7. CODE OF CRIMINAL PROCEDURE - BATUK LAL
8. Cr.P.C. (II Edn.) Hindi Edition - Rega Surya Rao (Dr.)
9. Apradh Shastra evam Dand Shastra (Criminolo & Penology in Hindi)
IV Edi. 2013 (P/B) - Babel, B.L.
10. Plea Bargaining - Narayana P.S

Additional Readings:
1. Sarkar : Criminal Procedure Code, 1973
th
2. Durga Das Basu : Criminal Procedure Code, 1973 3.Criminal Law, 12 Edn.2014
(PB) - PSA Pillai 4.Criminal Procedure, 4/e – Takwani
3. Criminal Law, Criminology and Administration of Criminal Justice, III Edn. -
Gaur, K.D.
4. Leading Cases on Criminal Law - Gaur, K.D. 7.Crime & Criminology - S.R.
Myneni
5. CRIMINOLOGY, PENOLOGY & VICTIMOLOGY - DR. S.S. SRIVASTAVA
6. Criminology & Penology with Victimology - N.V. Paranjape

Syllabus for LL.B. (3 years) 7

 SHRI KRISHNA UNIVERSITY, CHHATARPUR (M.P.)
LL.B.
FOURTH SEMESTER
PAPER III: INTELLECTUAL PROPERTY
(Patent Right Creation & Registration)
MM:100 Th:60 I.E.:40

SYLLABUS:

UNIT-I:
Patent: Concept and Subject Matter
Concepts of Patents
 Origin of the term patent.
 Meaning of the 'term Patent'
 Patent – A form of property.
 What is the objective behind a Patent Law.
 Historical view of the Patent Law in India.
 Principles underlying the Patent Law in India.

Protectable Subject Matter – Patentable Invention

 Intangibles are not patentable.
 Inventions which are not patentable under the Act.
 Patent of addition.
 Term of patents of addition.
 Process patent.

UNIT-II:
Procedure for Obtaining Patent
Procedure for Obtaining Patent
 Submission of application.
 Persons entitled to apply for patents.
 First – to – apply system.
 Meaning of true and first inventor.
 Assignee of the inventor may apply.
 Inventions made by an employee.
 Form of application.
 Special provision for foreign applicants.
 The applicant to file provisional and complete specification.
 What is Specification?
o Provisional and complete specification.
o Specification.
o Contents and form of specification.
o Nature of the patent specification.
o Kinds of specification.
o Provisional specification.
o Need to file a Provisional Specification.
o Provisional Specification to be followed by Complete
Specification.
o Complete specification.
o The contents of a complete specification.
o Priority date of a claim.
o The interpretation of specification and its importance.

Syllabus for LL.B. (3 years) 8

 o Claims.
o Whether a specification can be amended once it has been filed,.
o Amendment before acceptance.
o Amendment after acceptance.
o Amendment before the grant of patent.
o Conditions for amendment.
o Disclaimer.
o Correction.
o Explanation.
o Who is to allow amendment.
 Publication and examination of the application
 Communication to the applicant.
 Opposition Proceedings to Grant of Patent.
 Grant of Patent.
 Term of the Patent.
 Joint inventors.
 Compulsory Licence.

UNIT-III:
Rights of Patentee
Rights Conferred on a Patentee
 Patent rights are conditional.
 Rights of patenters.
 The right to exploit the patent.
 Right to licence.
 Right to assign.
 The right to surrender the patent.
 Right to sue for infringement.
 Exceptions and Limitations.
 Power of the Central Government to use invention for
purposes of Government.
 Acquisition of invention and patent by the Central Government.
 Government use of invention without payment of royalty.
 Compulsory licences.
 Use of the invention for defence purposes.
 How the rights of a patentee are enforced?
 Duties of a patentee.

Transfer of Patent
 Forms of transfer of Patent Rights.
 Assignment.
 The difference between assignment and licence.
 Assignee.
 Kinds of assignment.
 Legal assignment.
 Equitable assignment.
 Mortgage.
 Conditions to create a valid assignment.
 Licence.
 The kinds of licence.
(i) Voluntary Licence
(ii) Statutory Licence
(iii) Exclusive/Limited Licence
(iv) Express/Implied
 Rights conferred on a licence
 Transmission of Patent by operation of Law.
 Registration of assignment /licence is essential.
Syllabus for LL.B. (3 years) 9
  Certain restrictive conditions to be avoided.
 When a restrictive condition can be imposed.

Revocation and Surrender of Patents

 Protection of security of India.
 Revocation of the patent.
 Lapsing of patent for non- payment of renewal fee.
 Surrender of Patents.
 Limitation on restored patents.

UNIT-IV:
Infringement of Patents
 What can amount to infringement.
 Doctrine of pith and marrow.

Action for Infringement

 Where a suit is ti be instituted.
 Procedure followed in the suit.
 When can a suit be instituted.
 Period of limitation for instituting a suit.
 Whether a notice of the suit to be served on the defendant.
 Who is entitled to sue?
 Persons who can be sued.
 On us of establishing infringement.
 Acts not to be considered as infringement.
 Defence which may be set up by the defendant.
 Plaintiff not entitled to sue.
 Denial of infringement.
 Estoppel or res judicata.
 Expert evidence.
 Relief‟s available in an action for infringement.
 Injunction.
 Final injunction.
 Damages or accounts of profits.

UNIT-V:
Patent Agents
 Qualifications of a patent agent.
 Rights of patent agents.
 Disqualification for Registration as a patent agent.

Patent in Computer Programmes

The Recreation of ‘Dolly’ as a Clone

Note: - In addition to the above question may be asked on aspects related with this paper.

Recommended Source Material:

Essential Readings:
1. Jayshree Watal : Intellectual Property Rights.
2. B.L.Wadera : Law relating to Patents, Trademarks, Cpyrights, Design &
Goegraphical Indications.
3. Basanti Lal Babel : Bodhik Sampada Kanoon.
4. M.K.Bhandari : Intellectual Property Rights
Syllabus for LL.B. (3 years) 10
 5. J.P.Mishra : Intellectual Property Rights.
6. An Introduction to Intellectual Property Rights - J.P. Mishra
7. Law Relating to Intellectual Property Rights - M.K. Bhandari
8.
9.
10. Intellectual Property Rights Laws - S.K. Singh
11. Intellectual Property Rights – A Global Vision - S.K. Verma & Raman Mittal
12. Intellectual Property Law, 2013 Edi.(PB) - Singh Avtar
13. Intellectual Property - Meenu Paul
14. Commentary on Intellectual Property Laws - Rama Shama

Additional Readings-
1. William Cornish : Intellectual Property .
2. S.K.Simgh : Bodhik Sampada Adhikar Vidhi.
3. Fundamentals of Intellectual Property (FUN IP) - Kalyan (Dr.)
4. Verkey Elizabeth : Law of Patents.
5. Intellectual Property Law in India - Ramappa T

Syllabus for LL.B. (3 years) 11

 SHRI KRISHNA UNIVERSITY, CHHATARPUR (M.P.)
LL.B.
FOURTH SEMESTER
PAPER IV: PROPERTY LAW
(Including Transfer of Property Act, Registration Act, Indian Stamp Act and
Easement Act)
MM:100 Th:60 I.E.:40

SYLLABUS:

UNIT-I:
1. Jurisprudential Concept of Property
 Concept and Meaning of Property.
 Kinds of Property.
 Possession and ownership as man – property relationship

2. Transfer of Property Act, 1882

 Scope and objectives of the Act
 General principles of transfer of property.
 Interpretation Clause
 Moveable and Immoveable Property
 Attestation
 Notice
 Registration as Constructive Notice
 Actual Possession as Constructive Notice
 Notice to Agent

UNIT-II:
1. Transfer of Property Act, 1882 - Of Transfers of Property by Act of Parties
 Meaning of Transfer of property.
 What may be Transferred
 Persons Competent to Transfer
 Operation of Transfer
 Methods of Transfer
 Conditions Restraining Alienation
 Restrictions Repugnant to the Interest Created
 Condition Making Interest Determinable on Insolvency or
Attempted Alienation
 Transfer for the Benefit of Unborn Persons
 Rule Against Perpetuity
 Transfer to a Class
 Transfer to Take Effect on Failure of Prior Interest
 Direction for Accumulation of Income
 Accumulations for the Benefit to Public
 Vested and Contingent interest
 When Unborn Person Acquires Vested Interest on Transfer for his
Benefit
 Transfer to Members of a Class who Attain a Particular Age
 Transfer Contingent on Happening of Specified Uncertain Event
 Transfer to Such of Certain Persons as Survive at Some Period not Specified

Syllabus for LL.B. (3 years) 12

  Conditional Transfer
 Transfers with Fulfillment of Condition Precedent
 Conditional Transfer to One Person Coupled with Transfer to
Another on Failure of Prior Disposition
 Ulterior Transfer Conditional on Happening or not Happening of
Specified Event
 Fulfillment of Condition Subsequent
 Prior Disposition not Affected by Invalidity of Ulterior Disposition
 Condition that Transfer Shall Cease to Have Effect in Case
Specified Uncertain Even Happens or Does not Happen
 Such Condition Must not be Invalid
 Transfer Conditional on Performance of Act, no Time Being
Specified
 Election
 Apportionment
 Apportionment of Benefit of Obligation On Severance

2. Transfer of Property Act, 1882 - Transfer of Immovable Property

 Transfer Authorized only under Certain Circumstances to Transfer
 Transfer where the Third Party is Entitled to Maintenance
 Burden of Obligation Imposing Restriction on Use of Land Obligations
Annexed to Ownership but not Amounting to Interest or Easements
 Transfer by Ostensible Owner
 Transfer by Person having Authority to Revoke Former Transfer
 Unauthorized person Subsequently Acquiring Interest in the Transferred
Property
 Transfer by One Co-owner
 Joint Transfer for Consideration
 Transfer for Consideration by Persons having Distinct Interests
 Transfer by Co-owners of Share in Common Property
 Priority of Rights Created by Transfer
 Transferee's Rights under Policy
 Rent Bona Fide Paid to; the Holder under Defective Title
 Improvement made by Bona Fide Holders under Defective Title
 Transfer of Property Pending Suit Relating thereto
 Transfer to Defeat or Delay Creditors
 Doctrine of Part Performance

UNIT-III:
1. Transfer of Property Act, 1882
 Of Specific transfers.
 Sale
 Mortgage
 Charges
 Lease
 Exchange
 Gift
 Actionable claims

UNIT-IV:
1. Easements
 Nature, Characteristics and extinction
 Creation of easements.
 Licences

Syllabus for LL.B. (3 years) 13

UNIT-V:
1. Registration Act, 1908
 Registrable Documents related to immoveable property.
 Documents of which registration is optional.
 Documents of which registration is compulsory.
 Exemption of leases and mortgages in favour of land development
bank from registration.
 Place for registering documents relating to land.

2. Indian Stamp Act, 1899

 Of the liability of instruments to duty.
 Duties by whom payable.
 Effect of not duly stamping instruments.

Note: - In addition to the above question may be asked on aspects related with this paper.

Recommended Source Material:

Essential Readings:
1. S. N Shukla : Transfer of Property
2. G.P. Tripathi : Transfer of Property
3. Dr. G.P. Tripathi : Sukhadhikar Adhiniyam
4. S.K. Kapoor : Easement Act
5. S. M. Shah : Lectures on T.P.A.
6. Dr. H. S. Gaur : Property Law ( in two volumes)
7. Law of Property - Myneni SR
8.
9. Transfer of Property Act - H.N. Tiwari
th
10. Textbook on the Transfer of Property Act,4 Edn. (Reprint) - Avtar
Singh
11. Easement Act - J.D. Jain

Additional Readings:
1. S. M. Shah : Lectures on T.P.A.
2. Dr. H. S. Gaur : Property Law ( in two volumes)
3. S. M. Shah : Lectures on T.P.A.
4. Dr. H. S. Gaur : Property Law ( in two volumes)
5.
6. Transfer of Property Act - Rega Surya Rao (Dr.)
7. Sampatti Antaran Adhiniyam, 1882 aur Bharatiya Sukhachar
Adhiniyam, 1882 (Transfer of Property Act, 1882 along with
th
Indian Easement Act, 1882 in Hindi) 2 Edi. 2011 (P/B) -
Chaturvedi, M.D.

Syllabus for LL.B. (3 years) 14

 SHRI KRISHNA UNIVERSITY, CHHATARPUR (M.P.)
LL.B.
FOURTH SEMESTER
PAPER V: INTERPRETATION OF STATUTES & PRINCIPLES OF
LEGISLATION
MM:100 Th:60 I.E.:40

SYLLABUS:

UNIT- I:
1. Interpretation of Statutes
 Meaning of the term Statutes, classification of statutes
 The duties of a Judge and legislature.
 Purpose of Interpretation of statutes.
 Utility of rules of interpretation.
 Commencement, Repeal of statutes.

2. Aids to Interpretation
a) Internal aids
 Title
 Preamble
 Heading and marginal notes
 Punctuation marks
 Illustrations, exceptions, provisions, and saving clauses.
 Schedules
 Non-obstinate clause

b). External aids

 Dictionaries
 Translations
 Travaux Preparatoires
 Stare decisis
 Statutes in para material
 Parlimentary History
 Foreign Judgments

UNIT-II:
1. Rules of Statutory Interpretation
a) Primary Rules
 Literal rule
 Golden rule
 Mischief rule (Rule in the Heydon‟s case)
 Rule of harmonious construction

b) Secondary Rules
 Noscitur a sociis
 Ejusdem generic
 Reddendo singula singulis

Syllabus for LL.B. (3 years) 15

 2. Presumptions in Statutory Interpretation
 Statutes are valid
 Statutes are territorial in operation
 Presumption as to jurisdiction
 Presumption against of violation of International Law
 Prospective operation of statutes

UNIT- III
1. Maxims of Statutory Interpretation
 Contemporance expositioest fortissive in lege
 Expressio uniusest exclusion alterius
 Generalia specialibus non derogant
 Ut res magis valet quam pereat

2. Interpretation with reference to the subject matter and purpose

 Restrictive and beneficial construction
 Taxing Statutes
 Penal Statutes
 Interpretation of directory and mandatory provisions

UNIT-IV:
1. Principles of Constitutional Interpretation
 Harmonious construction
 Doctrine pf pith and substance
 Colourable legislation
 Doctrine of eclipse
 Doctrine of Severability
 Doctrine of repugnancy

UNIT- V
1. Principles of Legislation
 Law- making–the legislature, executive and the judiciary
 Principle of utility
 Distinction between morals and legislation

Note: - In addition to the above question may be asked on aspects related with this paper
Recommended Source Material :

Additional Reading
1. Maxwell : Interpretation of Statutes
2. Craise : Construction of Deeds
3. H.S. Bindra : Interpretation of Statutes

Essential Reading
1. G.P. Singh : Interpretation of Statutes
2. J. Swaroop : Interpretation of Statutes
3. Bhattacharya : Interpretation of Statutes
4. A. Prasad : Samvidhiyon Ka Nirvachan
5. Interpretation of Statutes, 2008 Edn. (Reprint) - Kafaltiya, A.B.
6. Kanoonon ke Nirvachan (Interpretation of Statutes in Hindi) 2010
Edi. (P/B) - Sharma, Y.S.
7. Kanoonon Ke Nirvachan Ke Siddhant (Principles of Interpretation
of Statutes in Hindi) 2010 Edi. (P/B) - Chaudhary, R.N.

Syllabus for LL.B. (3 years) 16

8. Interpretation of Statutes, 2th Edition, 2014 (P/B) - Gandhi, B.M.
9. INTERPRETATION OF STATUTES - K.P. CHAKRAVARTY
10. dkuwuksa dk fuoZpu - MkW- f=fnos’k HkV~Vkpk;Z
11. Interpretation of Statutes - D.N. Mathur
12. Interpretation of Statutes (2nd Edn.) – Madhavi

Syllabus for LL.B. (3 years) 17

 SHRI KRISHNA UNIVERSITY, CHHATARPUR (M.P.)
LL.B.
FOURTH SEMESTER
PAPER VI: ALTERNATE DISPUTE RESOLUTION SYSTEM
MM:100 Th:60 I.E.:40

SYLLABUS:

UNIT-I:
1. Arbitration : meaning, scope and types
a) Distinctions
b) Arbitration and conciliation
c) Extent of Judicial Interpretation
d) International Commercial Arbitration
e) Comparison between Arbitration Acts of 1940 & 1996
f) Arbitration & Conciliation Amendment Act, 2015

2. Arbitration agreement
a) Essentials
b) Kinds
c) Who can enter into arbitration agreement
d) Validity
e) Reference to arbitration
f) Interim measures by court

UNIT-II:
1. Arbitration Tribunal
a. Appointment
b. Challenge
c. Jurisdiction of arbitral tribunal
i. Powers
ii. Grounds of challenge
d. Procedure
e. Jurisdiction of High Court

2. Awards
a. Rules of guidance
b. Form and content
c. Correction and interpretation
d. Grounds of setting aside an award
i. Can misconduct be a ground?
ii. Incapacity of a party, invalidity of arbitration agreement
iii. Want of proper notice and hearing
iv. Beyond the scope of reference
v. Contravention of composition and procedure
vi. Breach of conviviality
vii. Impartiality of the arbitrator
viii. Bar of limitation, res judicial
ix. Consent of parties

Syllabus for LL.B. (3 years) 18

 e. Enforcement

UNIT-III:
1. Appeal and Revision

2. Enforcement of foreign awards

a. New York Convention awards
b. Geneva Convention awards

UNIT-IV:
1. Conciliation
a. Distinction between “Conciliation”, “negotiation”, “mediation”,
and “arbitration”
b. Appointment of conciliator
c. Statements to conciliator
d. Interaction between conciliator and parties
i. Communication
ii. Duty of the parties to co-operate
iii. Suggestions by parties.
iv. Confidentiality
e. Resort to judicial proceedings
f. Costs

2. Rule – Making Power

a. 8.1 High Court
b. 8.2 Central Government

UNIT-V:

1. Legal Services Authorities Act : scope

2. Salient Features of Various ADR’s

a) Mediator
b) Arbitrator
c) Conciliator
d) Judicial Settlement Section 89, Settlement of disputes outside the
court
e) Lok Adalat

Note: - In addition to the above question may be asked on aspects related with this paper.

Syllabus for LL.B. (3 years) 19

 Recommended Source Material:

Essential Reading:
1. G.K. Kwatr : The Arbitration and Conciliation Law of India
2. Avtar Singh : Arbitration and Conciliation
3. Goyal : Arbitration and Conciliation Act
4. Avtar Singh : Madhyastham avam Sulah Adhiniyam
5. Indrajeet Malhotra : Madhyastham avam Sulah Adhiniyam

Additional Reading:
1. Arbitration & ADR (Conciliation, Negotiation & Meditation)
– Pattabhi Ramaiah
2. Arbitration & Conciliation Act, 196 (with AMSD) (7th Edn.)
- S.C. Tripathi
3.
4. ARBITRATION & ALTERNATIVE DISPUTE
RESOLUTION - DR. N.V. PARANJAPE
5. Arbitration & Conciliation - A.P. Gupta
6. Madhyastham Sulah Evam Anukalpi Vivad Niptan Vidhi
(Law relating to Arbitration, Conciliation & Alternative
Disputes Resolution in Hindi) 4th Edi. 2013 (P/B) - Singh,
Avtar

Syllabus for LL.B. 20