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SYLLABUS

BACHELOR OF LAW PART-I

(5 YEAR COURSE) (FIRST AND SECOND SEMESTER)

FOR 2017-18, 2018-19 and 2019-2020 SESSIONS

SCHEME OF STUDIES

FIRST SEMSTER

Paper Subject Univ.

Exam.

Internal

Assessment

Max. Marks

I English-I 74 26 100

II Political Science-I 74 26 100

III Sociology-I 74 26 100

IV Special Contract-I 74 26 100

V Law of Torts, Motor

Vehicle Accidents and

Consumer Protection

74 26 100

Total 370 130 500

SECOND SEMSTER

Paper Subject Univ.

Exam.

Internal

Assessment

Max. Marks

I English-II 74 26 100

II Political Science-II 74 26 100

III Sociology-II 74 26 100

IV Special Contract-II 74 26 100

V Public International Law 74 26 100

Total 370 130 500

The breakup of 26 marks for Internal Assessment will be as under:

1. Attendance 05 Marks

2. Written Assignment/Project Work etc. 11 Marks

3. Two Mid-Semester Tests/Internal Examination 10 Marks

------------

26 Marks

------------

GENERAL INSTRUCTIONS FOR THE PAPER SETTER ALL THE PAPERS

1. The maximum marks for each paper are 74 and the time allowed is 3 hours.

2. The minimum number of marks required to pass each paper shall be 45% in

University examination and 45% in University exam and internal assessment taken

together.

3. The question paper will consist of three units: I, II, III. Unit-I and II will have four

questions from the respective Units of the syllabus and will carry 11 marks each. Unit-

III will consist of 10 short-answer type questions, which will cover the entire syllabus

uniformly and will 30 marks in all.

INSTRUCTIONS FOR THE CANDIDATE

Candidates are required to attempt two questions each from the Unit I and II of the

question paper and the entire Unit III.

First Semester

Paper –I: English–I

Section A

Flights of Fancy (ed.) Baksheesh Singh, (Publication Bureau, Punjabi University,

Patiala)

Poems 1 to 10, 12 and 13 namely

1. Sonnet 116 (Let Me Not To The Marriage of True Minds)

2. On His Blindness

3. The Clod and The Pebble

4. The World Is Too Much With Us

5. Lucy Gray

6. My Native Land

7. Love

8. The Scholar

9. The River Of Life

10. The Journey Onwards

11. Love’s Philosophy

12. Bright Star

Popular Short Stories (ed.) Board of Editors, (Oxford University, Press)

The following stories to be studied:-

1. A Cup of Tea

2. A Work of Art

3. The Gift of the Magi

4. The Ant and the Grasshopper

5. How Much Land Does a Man Need

6. The Necklace

Note:- (i) The students will be tested on questions based on explanation with

reference to the context, central idea or summary from poetry and

questions based on character sketch, theme or summary from short

stories.

(ii) Students will be required to attempt one question on poetry and one on

short stories.

Section B

1.Grammar and Composition

(a) Paragraph Writing

(b) Grammar

(i) Tenses, Sequence of Tenses and Concord, Preposition, Determiners and

adverbs.

(ii) Combination of simple sentences to compound sentences and complex

sentences.

(iii) One Word Substitution (words pertaining to Government, Marriage,

Death, Professions and Trades, Nature Study)

2. Legal Terms – Meaning and Usage

1 Plaint 2 Written Statement 3 Plaintiff

4 Defence 5 Petition 6 Petitioner

7 Appeal 8 Magistrate 9 Judge

10 Court 11 Tribunal 12 Divorce

13 Judicial Separation 14 Legitimate 15 Illegitimate

16 Adoption 17 Maintenance 18 Alimony

19 Valid 20 Void 21 Voidable

22 Pleading 23 Litigation 24 Public

25 Private 26 Monogamy 27 Bigamy

28 Polygamy 29 Crime 30 Will

31 Deed

Suggested Readings

Flights of Fancy : Publication Bureau, Punjabi University, Patiala

Popular Short Stories : Oxford University Press

High School English

Grammar and Composition : Wren and Martin

The Students’ Companion : Wilfred D. Best (Rupa & Co.)

The Students’ Companion : Terry O’ Brien

Judicial Dictionary : K.J. Aiyar

First Semester

Paper –II Political Science– -I

UNIT-I

Meaning, Nature and Scope of Political Science

Political Theories: Traditional, Modern and Contemporary

Relations of Political Science with Law, History, Economics and Sociology

State: Meaning, Elements and its distinction from Government and Society

Theories of Origin of State: Social Contract Theory and Evolutionary Theory

UNIT-II

Liberalism: Meaning, Negative, Positive and Contemporary Liberalism

Marxism: Meaning and Features.

Gandhism

Sovereignty: Meaning, Nature and Types.

Monistic and Pluralistic theories of Sovereignty

Political System: Meaning, Functions and its distinction from State

Suggested Readings

Agarwal, R.C., Political Theory, S. Chand and Company, New Delhi.

Aror, N.D. and S.S. Awasthy, Political Theory and Political Thought, Har Anand

publications, New Delhi.

Bakaya, Santosh, The Political theory of Report Nozick, Kalpaz publications ,

Delhi.

Bronner Eric Stemphn, (ed.) Twentieth century political theory: A Reader,

Routledge, New Work.

Chander Prakash Andluna Anand, Political theory and thought, Surjeet

Publications, Delhi.

Gandhi Madan, G., Political theory and Thought, Pragati Publications, New Delhi.

Handdock Bruce, History of Political Thought: 1789 to the Present, Atlantic

Publishers and Sistributors Pvt. Ltd., New Delhi.

Jain Nilanyana, The Problem of Justice in Political theory and State Practice,

Anamoka publishers, New Delhi.

Johari, J.C., Contemporary Political theory, Sterling publishers Pvt. Ltd., New

Delhi.

Jules, Town Shield, The Politics of Marxism: The Critical debates,Leicester

Univerksity Press, London, New York.

Kelly, Paul, Liberalism, polity Press. Cambridge.

Mohapatra, Nalin Kumar, Political Culture and Democratic Development in

Central Asia Book Well, New Delhi.

Mukhopadhyay, Amal Kumar, Political Sociology, K.P. Bagchi & Co. Calcutta.

Nelson Brian R., Western Political thought. Pearson Education, New Delhi.

Roberts and Sutch, Introduction to Political thought, Atlantic, New Delhi.

Asirvatham, Eddy, Political theory, S. Chand and Company, New Delhi. 3

First Semester

Paper –III – Sociology-I

UNIT-I

Sociology

- Definition, Nature, Scope and Significance

- Sociology and Law

- Basic Concepts : Society, Community, Socialisation, Social Structure, Status and

Role, Social Groups, Norms and Values

Institutions

- Economic Institutions

- Political Institutions

- Religious Institutions

- Educational Institutions

UNIT -II

Social Stratification

- Concept, Elements

- Forms - Caste and Class

- Theories of Social Stratification: Kingsley Davis and Wilbert E. Moore Karl Marx,

Max Weber

Social Processes, Social Problems and Social Control

- Social Processes: Associative and Dissociative

- Social Problems – Corruption, Crime, Communal Conflict

- Social Control: Meaning, Agencies of Social Control

-

Suggested Readings

Bhushan, V and D.R. Sachdeva. 2012. An Introduction to Sociology. Kitab Mahal

Publications, Allahabad.

Haralambos, M and RM Heald. 2010. Sociology: Themes and Perspectives. Oxford

University Press, New Delhi.

Bottomore, T.B. (1971) 2010. Sociology: A Guide to Problems and Literature. Routledge

Revivals, New Delhi.

Davis, K. 1949. Human Society. Macmillan Co. London, U.K.

Worsley Peter et. al. 1987. Introducing Sociology. Penguin Books, California.

Gisbert, P.S.J. (1973) . Fundamentals of Sociology. Orient Longman, Kolkata.

Ahuja, R. 1997. Social Problems in India. Rawat Publications, Jaipur.

SEMESTER FIRST

PAPER – IV- SPECIAL CONTRACT-I

UNIT- I

Agreement and contract: Definition and elements

Proposal and acceptance: Various Forms, essential elements communication and revocation

proposal and invitation to a proposal.

Consideration: Its meaning, kinds and essential elements, its exceptions; present past and

adequate consideration, whether performance of existing duties amounts to consideration;

stranger to contract cannot sue.

Capacity to contract: incapacity arising out of status and mental defect; minor‘s agreement-

definition of minor, agreements beneficial and detrimental to a minor, ratification in cases

by a person of an agreement made by him while he was a minor; ―necessaries supplied to a

minor.

Free Consent: Its need and definition, factors vitiating free consent

Coercion: definition- essential elements, duress and coercion- effect of coercion.

Undue Influence: Definition- essential elements. Between which parties can it exist? Who

is to prove it? Illustration of undue influence- pardanashin women- independent advice,

unconscionable bargains, effect of undue influence.

Misrepresentation: Definition-misrepresentation of Law and of facts -their effects

Fraud: Definition- essential elements, Active concealment of truth- importance of intention,

When does silence amount to fraud.

Mistake: Definition kinds, mistake of Law and of facts -their effects

Legibility of Consideration and object: unlawful consideration and objects:

-forbidden by law

-defeating the provision of any law

-fraudulent

-Injurious to person or property

-immoral

5

-against public policy

Void Agreements: Void, Voidable and unlawful agreements and their effects

Agreements without consideration

Agreements in restraint of marriage

UNIT- II

Agreements in restraint of trade: exceptions- Sale of good-will, restrictions under the

partnership act, trade combinations, exclusive dealing agreements, restraints on employees

under agreement of service.

Wagering agreement: its exceptions

Contingent contracts: Definition- enforcement- contingent contract and wagering agreement

Discharge of a contract by various modes

By Performance: Conditions of a valid tender of performance- how, by whom, when, in

what manner? Performance of reciprocal promises, time as an essence of contract.

By breach: anticipatory breach and present breach

Impossibility of performance: Specific grounds of frustration, effect of frustration

By agreement: rescission and novation, their effect, remission and waiver of performance,

extension of time accord and satisfaction.

Quasi contracts or certain relations resembling those created by contracts.

Remedies for breach of contract: Damages, Kinds- remoteness of damage- liquidated

damages and penalty

Standard form of contracts: Nature, Advantages, unilateral character principles of

protection against the possibility of exploitation, judicial approach to such contracts,

exemption clauses, Law commission of India Views.

Suggested Readings:

R.K Bangia...............................Law of Contract

Avtar Singh.....................................Law of Contract

R. Aggarwal.....................................Law of Contract

Mulla .....................................Law of Contract

Sandeep Bhalla.....................................Law of Contract

6

SEMESTER-FIRST

PAPER V: LAW OF TORTS, MOTOR VEHICLE ACCIDENTS AND CONSUMER

PROTECTION LAW

UNIT I

a) Definition and concept of Tort

b) Distinction between Tort and crime.

c) Distinction between tort and breach of contract.

d) Constituents of Tort –Wrongful act, Legal Damage –Damnum Sine Injuria and Injuria Sine

Damnum, Legal Remedy.

e) General Defences: Volenti Non Fit Injuria, Inevitable Accident, Act of God, Private Defence,

Necessity, Statutory Authority.

f) Vicarious Liability: Meaning and instance of Vicarious Liability, Master‘s liability for wrong

committed by his servant, Liability of the State for the wrong committed by its servant.

UNIT II

a) Defamation-Constituents and Defences.

b) Torts against person-assault and Battery

c) Nuisance - essentials and defences.

d) Rule of Strict and Absolute Liability

e) Negligence : Constituents

f) Compensation payable under the Motor Vehicle Act-1981

g) The Consumer Protection Act, 1986: Definitions of Complaint, Complainant, Consumer, Service,

Consumer Dispute Redressal Agencies: Composition and jurisdiction

h) Redressal of Complaints: Manner, Procedure and Limitation, Appeals

Suggested Readings

Law of Torts by RatanLal and DhirajLal

Law of Torts by R K Bangia

Law of Torts by S P Singh

Introduction to the law of torts by Avtaar Singh

Law of Torts by Salmond and Hevston

Law of Torts R.E.V. Heuston

ftnershrs iK ;wkie ngokX (Law of Torts) vkHtfozdo e[wko e"f;ae

7

Second Semester

Paper –I: English–II

Section A

Roses in December by M.C. Chagla

Chapters : IV The Bar

VII Chief Justice

X International Court

XVI The Presidents, Prime Ministers and Parliament

Section B

(A) Grammar and Composition

(1) Formal Correspondence

(2) Grammar-

(i) Words often confused

(ii) Basic transformations –

(a) Passive (b) Questions, Question tags (c) Negatives

(iii) Punctuation

(B) Legal Terms – Meaning and Usage

(a) Agency

Agreement

Bail

Bailable

Bailment

Contract

Culpable Homicide

Decree

Defamation

Execution

First Information Report (F.I.R.)

Fraud

Genocide

Guarantee

Guardian

Homicide

Indemnity

Judgement

Judiciary

Legislation

Legislature

Libel

Malafide

Minor

8

Misstatement

Non-Bailable

Order

Pledge

Slander

Suicide

(b)

Ab, initio

Ab intra

Ad interim

Ad Valorem

Adhoc

Audi alteram Partem

Bona fides

De facto

De jure

De novo

Detinue

Enroute

Ex-officio

Ex parte

Ex post facto

Impugne

Inter-alia

Jure humane

Locus standi

Mala fide

Suggested Reading

Roses in December : M.C. Chagla

High School English

Grammar and Composition : Wren and Martin

Oxford Advanced Learner’s :

Dictionary of Current English. A.S. Hornby

9

Second Semester

Paper –II Political Science– II

UNIT-I

Rights: Meaning and Features.

Liberty and Equity: Meaning and Relation between them.

Justice: Meaning and Various Dismensions.

Democracy: Meaning and Theories (Liberal, Marxist and Elitist).

U.N. Declaration on Human Rights.

UNIT-II

1. Nature of Party System in India.

1. (a) Role of National and Regional Political parties in India.

2. Forms of Government: Unitary and Federal, Presidential and Pariliamentary.

3. Changing nature of Indian Political System.

4. Pressuregoups and their importance in Indian Politics.

5. Foreign Policy: Meaning, Objectives and Determinants.

6. India’s Regional Relations: SAARC, BRICS and IBSA.

Suggested Readings

Agarwal, R.C., Political Theory, S. Chand and Company, New Delhi.

Aror, N.D. and S.S. Awasthy, Political Theory and Political Thought, Har

Anand publications, New Delhi.

Bakaya, Santosh, The Political theory of Report Nozick, Kalpaz publications ,

Delhi.

Bronner Eric Stemphn, (ed.) Twentieth century political theory: A Reader,

Routledge, New Work.

Chander Prakash Andluna Anand, Political theory and thought, Surjeet

Publications, Delhi.

Gandhi Madan, G., Political theory and Thought, Pragati Publications, New

Delhi.

Handdock Bruce, History of Political Thought: 1789 to the Present, Atlantic

Publishers and Sistributors Pvt. Ltd., New Delhi.

Jain Nilanyana, The Problem of Justice in Political theory and State Practice,

Anamoka publishers, New Delhi.

Johari, J.C., Contemporary Political theory, Sterling publishers Pvt. Ltd., New

Delhi.

Jules, Town Shield, The Politics of Marxism: The Critical debates,Leicester

Univerksity Press, London, New York.

Kelly, Paul, Liberalism, polity Press. Cambridge.

Mohapatra, Nalin Kumar, Political Culture and Democratic Development in

Central Asia Book Well, New Delhi.

Mukhopadhyay, Amal Kumar, Political Sociology, K.P. Bagchi & Co. Calcutta.

Nelson Brian R., Western Political thought. Pearson Education, New Delhi.

Roberts and Sutch, Introduction to Political thought, Atlantic, New Delhi.

Asirvatham, Eddy, Political theory, S. Chand and Company, New Delhi.

Second Semester

Paper –III – Sociology-II

UNIT -I

INDIAN SOCIETY

Traditional bases, Unity in Diversity

Types of Indian Society: Tribal, Rural and Urban

Continuity and Change in Indian Society: Law and Social Change

Social Processes: Sanskritisation, Westernization, Modernisation

SOCIOLOGY OF CASTE

Caste: Meaning, features

Scheduled Castes with special reference to Constitutional Provisions: (Article 14, 15, 16,

17, 23, 24, 25, 29, 46, 330, 332, 341, 342), The Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Act, 1989

Scheduled Tribes: Features

Reservation for SCs, STs, BCs, OBCs and Women

UNIT –II

SOCIOLOGY OF CRIME AND DEVIANCE

Relationship between Sociology and Criminology

Crime and Deviance: Meaning and Difference

Causes of Crime & Deviance, Labeling theory

Crime, Deviance and Social Control

SOCIAL PROBLEMS AND MAJOR LAWS

Unemployment, Dowry, Child Labour, Gender Discrimination; Crime against women:

Dowry, Rape, Sexual Harassment, Domestic Violence

Sociological Implications of Major Laws:

Protection of Women from Domestic Violence Act, 2005

Sexual Harassment of Women at Workplace (Prevention,Prohibition and Redressal Act,

2013)

Dowry Prohibition Act, 1961

Hindu Succession (Amendment) Act, 2005 (Section 6)

Juvenile Justice, (Care and Protection of Children) Act, 2015

The Child and Adolescent Labour ( Prohibition and Regulation) Act, 1986

SUGGESTED READINGS

Bare Acts

The Juvenile Justice (Care and Protection of Children) Act, 2015

The Dowry Prohibition Act, 1961

The Scheduled Castes, Scheduled Tribes Prevention of Atrocities Act, 1989

The Child Labour (Prohibition and Regulation) Act, 1986

The Protection of Women from Domestic Violence Act, 2005.

Suggested Readings

Bhushan, V and D.R. Sachdeva. 2012. An Introduction to Sociology. Kitab Mahal

Publications, Allahabad.

Das, Veena. 2004. Handbook of Indian Sociology. Oxford University Press, New Delhi.

Ghanshyam Shah. 2004. Caste and Democratic Politics in India. Permanent Black, New

Delhi.

Ahuja R. 2003. Indian Social System. Rawat Publications, Jaipur.

Ahuja R. 2003. Criminology. Rawat Publications, Jaipur.

Kumari Ved. 2004. The Juvenile Justice System in India: From Welfare to Rights. Oxford

University Press, New Delhi.

Seth, Mira. 2001. Women and Development: The Indian Experience. Sage Publications,

New Delhi.

Agrawal, G. and Colin Gonsales. 2005. Dalits and the Law. Human Rights Law Network,

New Delhi.

Goonesekere Savitri. 2004. Violence, Law and Women’s Rights in South Asia. Sage

Publications, New Delhi.

Sharma, Basant K. 2007. Hindu Law. Central Law Publications, Allahabad.

Other Books

Mandlebaum, David G. 1971. Society in India. Popular Prakashan, Mumbai.

Dube, S.C. 2005. Indian Society. National Book Trust, New Delhi.

Bose, N.K. 1994. The Structure of Hindu Society. Orient Longman Limited, New Delhi.

Beteille, Andre et.al. 1999. Institutions and Inequalities, Oxford University Press, New

Delhi.

Ahuja, R .1997. Social Problems in India. Rawat Publications , Jaipur.

Singh, Yogender. 1993. Social Change in India: Crisis and Resilience. Har Anand

Publication, New Delhi.

Srinivas, M.N. 2000. Social Change in Modern India. Orient Longman, India.

Thapar, Romesh. 1977. Tribe, Caste and Religion in India. Macmillan Company, India.

Desai, A.R. 1944. Rural Sociology in India . Popular Prakashan, Mumbai.

Prabhu, P. H. 1991. Hindu Social Organization. Popular Prakashan, Mumbai.

SEMESTER SECOND

PAPER IV- SPECIAL CONTRACT-II

UNIT- I

Contract and Indemnity and contract of guarantee- Indemnifier‘s liability

Surety‘s liability- Discharge of surety, Rights of surety

Bailment- Essentials, Duties of Bailee, Rights of Bailee Pledge- rights of Pawnee

Agency- Agent and principal, creation and revocation of agency, Ratification, Personal

Liability of Agents

Indian Partnership Act 1932

-Essentials of partnership (Section 4,5 and 6)

-Implied authority of a partner (Section 18,19 and 20)

-Holding out (Section 28)

- Position of minor in the law of partnership (Section 30)

- Modes of dissolution of a firm (Section 39 to 44)

- Registration of firm (Section 56-59 and section 69)

UNIT- II

Sale of Goods Act 1930

-Sale and agreements to sale (Section 4)

-Contract of sale – how made (Section 5)

-Conditions and warranties (Section 12- Section 17)

-Transfer of property in goods (Section 18- Section 24)

- Transfer of Title (Section 27 to Section 30)

-Performance of contract of Sale of goods (Section 31- 37 and 42-44)

-Unpaid seller (Section 45)

- Unpaid seller‘s Lien (Section 47,48, 49)

-Stoppage in transit (Section 50, 51 ,52)

-Right to Resale (Section 53,54)

-Suits for the breach of Contract (Section 55 to 60)

-Sale by Auction (Section 64)

Suggested Readings:

R.K Bangia...............................Law of Contract

Avtar Singh.....................................Law of Contract

R.K Bangia...............................Sales of Goods Act and Partnership Act

Avtar Singh.....................................Sales of Goods Act and Partnership Act

SEMESTER-SECOND

PAPER V: PUBLIC INTERNATIONAL LAW

SECTION-I

Definition, Nature and Basis of International Law.

Sources of International Law

Subjects of International Law: Individual; State and International Organisations.

States in General – Meaning of State Territory; Different kinds of State and Non-State Entites.

Recognition – Meaning, theories, modes of Recognition, Consequences of recognition and non-

recognition.

Self-Determination, Diplomatic Agents under International Law

SECTION-II

Jurisdiction of the State :Jurisdiction and Immunities from Jurisdiction.

Maritime Jurisdiction over Territorial Sea, Exclusive Economic Zone, High Seas & Ocean Floor.

Extradition and Asylum.

Intervention in International Law.

Settlement of International Disputes: Amicable and Coercive methods.

International Court of Justice: Composition, Jurisdiction and Role of the court.

Jurisdiction of International Criminal Court.

WTO Dispute Settlement Board.

Suggested Reading

SK Kapoor: International Law

Dr. HO Aggarwal: International law and Human Rights.

DJ Harris Cases and material on International Law

Ian Brownlie on International Law

Martin Dixon International Law Oxford University Publication

17

SYLLABUS

BACHELOR OF LAWS PART-III

(5YEAR COURSE) (FIFTH AND SIXTH SEMESETERS)

FOR 2016-17, 2017-18 AND 2018-19 SESSIONS

SCHEME OF STUDIES

FIFTH SEMESTER

Paper

Subject Univ.

Exam.

Internal*

Assessment

Max.

Marks

I Legal History 74 26 100

II Environment Law 74 26 100

III Law of Property 74 26 100

IV Labour and Industrial Law-I 74 26 100

V Administrative Law 74 26 100

Total 370 130 500

SIXTH SEMESTER

Paper Subject Univ.

Exam.

Internal*

Assessment

Max.

Marks

I Jurisprudence 74 26 100

II Law of Taxation 74 26 100

III Company Law 74 26 100

IV Labour and Industrial

Law-II

74 26 100

V Option:Any one of the

following:

(a)International Organisations

(b)Gender Justice

(c) Media and Law

74 26 100

Total 370 130 500

2

*The break-up of 26 marks for Internal Assessment will be as under:

(a) Attendance - 05 Marks

(b) Written Assignment/Project Work etc. - 11 Marks

(c) Two Mid-Semester Test/Internal Examination - 10 Marks

Total - 26 Marks

(A) GENERAL INSTRUCTIONS FOR THE PAPER- SETTER

FOR ALL THE PAPERS

1. The maximum marks for each PAPER are 74 and the time allowed

is 3 hours.

2. The minimum Marks required to pass each PAPER shall be 45% and 50% in aggregate.

3. The question-paper will consist of three units; I, II, III. Unit I and II will have Four

questions from the respective units of the syllabus and will carry 11 marks each. Unit III

will consist of 10 short answer type questions, which will cover the entire syllabus

uniformly and will carry 30 marks in all.

(B) INSTRUCTIONS FOR THE CANDIDATES

Candidates are required to attempt Two question each from the Units I, II. The question

paper and the entire Unit III.

B.A.LL.B 5th Semester

Paper-I:- Legal History

UNIT-I

-- System of Governance during Vedic Period.

-- Hindu Law and Dharma.

-- Manusmriti & Kautilya's Arthashastra.

-- Islamic Jurisprudence.

-- Application of Mohammedan law in India.

-- Application of Hindu law during the Muslim period.

UNIT-II

-- British system of Administering justice.

-- Government of India Act, 1858.

-- Charter Act, 1861.




-- Salient features of Indian Independence Act, 1947.

-- Judicial Activism and Development of law.

SUGGESTED READINGS

-- V.D Kulshreshtha : Landmarks in India Legal and Constitutional History.

-- M.P Jain : Constitutional History of India.

-- D.D Aggarwal : Jurisprudence in India: Through the Ages.

-- Rama Jois : Legal and Constitutional History of India.

-- S.C Tripathi : Indian Legal & Constitutional History.

Paper-II:- Environmental Law

UNIT-I

-- Meaning, Definition & Kinds of Pollution, Pollution by Fireworks.

-- Ecology System.

-- Factors Affecting the Environment in India.

-- General Legal Provisions relating to Control of Pollution.

-- Constitution of India Articles 48A, 50A(g).

-- Code of Civil Procedure Code Section 91.

-- Code of Criminal Procedure Code Section 133.

-- Indian Penal Code Ss. 268, 270, 278, 290.

-- Law of Torts and Judicial Remedies.

-- Environment Protection Act, 1986.

-- Salient Features of National Green Tribunals Act, 2010.

-- Salient Features of Sustainable Development.

-- Role of Judiciary in India for the protection of Environment.

-- Principles of Stockholm Declaration on the Human Environment 1972.

-- Principles under the Rio Declaration on Environment & Development 1992.

UNIT-II

-- The Water (Prevention and Control of Pollution) Act, 1974.

-- The Air (Prevention and Control of Pollution) Act, 1981.

-- The Punjab Juvenile Smoking Act, 1918.

-- The Cigarettes (Regulation of Production, Supply and Distribution) Act, 1975.

Noise Pollution and Law.

-- Meaning, Concept and Effects of Noise Pollution

-- Legislative measures to Control Noise Pollution

-- Noise Pollution and Constitution Provisions

5

Wild Life Protection Act, 1972

-- Constitution of National Board and Functions of National Board

-- Constitution of State Board and Duties of State Board

-- Prevention and Detection of Offences

-- Penalities

SUGGESTED READINGS

1. Report of the Committee for Recommending Legislative Measures and Administrative

machinery for Ensuring Environmental Protection known as Tiwari Committee, 1981.

2. Dr. Paramjit Jaswal, Environment Law.

3. Shyam Divan & Armin Rosencranz, Environmental Law and Policy in India Cases,

Materials and Statute, 2001.

4. Paras Diwan (Ed Environmental Protection- Problems, Policy Administration law,

1987.

5. N.S. Kamboj, Control of Noise Pollution, 1999.

6. All Relevant Bare Acts relating to Environment Pollution.

7. S.C. Shashtri, Environment Law.

6

Paper-III:- Law of Property

UNIT-I

-- Definitions (Section 3).

-- Transfer by the act of Parties (Section 5).

-- Non Transferable Properties (Section 6).

-- Persons Competent to transfer and operation of transfer (Section 7-8).

-- Conditions restraining alienations (Section 10).

-- Transfer for the benefit of an unborn person (Section 13).

-- Rule against perpetuity (Sections 14-18).

-- Doctrine of Election (Section 35).

-- Transfer by Unauthorised persons -Feeding the grant by Estoppel (Section 43).

-- Tranferee's right under Insurance Policy (Section 49).

-- Doctrine of Part-performance (Section 53-A).

UNIT-II

-- Definitions of Mortgage (Section 58)

-- Essential elements of Mortgage.

-- Kinds of Mortgage.

-- Mortgager's Right to redeem (Section 60).

-- Definition of Charge (Section 100).

-- Kinds of Charge.

-- Distinction between Charge and Mortgage.

-- Definition of Sale (Section 54).

-- Essentials of Sale.

-- Rights and Liabilities of Buyer and Seller (Section 55).

-- Definition of Exchange (Section 118).

-- Distinction between Sale and Exchange (Sections 54 & 118).

7

-- Definition of Gift (Section 122).

-- Essentials of Gift.

Prescribed books:

S.N Sukla : Transfer of Property Act

R.K. Sinha : Transfer of Property Act 1882

SUGGESTED READINGS

1. Avtar Singh : Transfer of Property

2. Mulla : Transfer of Property Act, 1882

3. G.P. Tripathi : The Transferal Property Act

8

Paper-IV:- Labour and Industrial Law-I

UNIT-I

The Factories Act, 1948

-- Object and salient features of the Act.

-- Worker's health.

-- Worker's Welfare.

-- Working hours of adults.

-- Employment of young person.

-- The Trade Union Act, 1926.

-- Object and Salient features of the Act.

-- Definition.

-- Registration of Trade Union.

-- Position of Unregistered and recognised Trade Union.

-- Rights of Registered Trade Union.

-- Liabilities of Registered Trade Union.

-- Amalgamation of Trade Union.

-- Dissolution.

-- Role of Judiciary in safeguarding the rights of workmen.

-- The Trade Union (Amendment) Act, 2001.

UNIT-II

The Industrial Disputes Act, 1947

-- Object and Salient feature of Act

-- Definitions

Authorities under the Act

-- Works Committee

-- Conciliation Officer

-- Board of Conciliation

-- Court of Enquiry

9

-- Labour Courts

-- Tribunals

-- National Tribunals

-- References of disputes to Boards, courts or tribunals, voluntary reference of disputes to

arbitration.

-- Strikes and lock outs

-- Prohibition of strikes and Illegal strikes.

-- Prohibition of financial aid to illegal strikes and lock outs.

-- Lay-Off.

-- Retrenchment.

-- Unfair Labour Practice

SUGGESTED READINGS

Report of the National Commission on Labour (1969)

Indian Law Institute, Labour Law and Labour Relation, 1957

G.M. Kothari : A Study of Industrial Law

S.N. Mishra : Industrial and Labour Law

V.G. Goswami : Industrial and Labour Laws

S.K. Puri : Industrial and Labour Laws

Chopra : Minimum Wages Act

Chopra : Payment of Wages Act

S.C. Srivastava : Women's Compensation Act

P.L. Malik : Employee State Insurance Act

10

Paper-V:- Administrative Law

UNIT-I

General Principles of Administrative Law

Definition and scope of Administrative Law; History and growth of Administrative Law

in India, United Kingdom and United States of America.

Concept of Rule of Law, Rule of Law and the Indian Constitution.

Doctrine of Separation of Powers.

Right to Open Government; Official Secrecy and Privilege to withhold disclosure of

documents.

Binding nature of Statute.

Legislative Powers of Administration

Necessity of delegated legislation, Merits and demerits of delegated legislation,

Constitutionality of delegated legislation, legislative control of delegated legislation and

judicial control of delegated legislation.

Powers of Investigation and Commission of Inquiry.

UNIT-II Scope and grounds of Judicial review

Jurisdictional error

Abuse of discretion

Non application of mind

Error apparent on the face of record

Administrative Adjudication and Principles of Natural justice.

Administrative Tribunals and other institution and procedure

Constitutional provisions on Tribunals under Articles 323-A and 323-B.

Administrative Tribunals Act, 1985.

Constitution, Powers and procedure of the Administrative

Tribunals under the Act

11

Public corporations: Necessity and parliamentary control over public corporations;

Liability of the public corporations.

SUGGESTED READINGS

1. I.P. Massey : Administrative Law

2. Justice Thakur : Administrative Law

3. D.D. Basu : Comparative Administrative Law

4. Jain & Jain : Principles of Administrative Law

5. S.P. Sathe : Administrative Law

12

B.A.LL.B- 6th Semester

Paper-I:- Jurisprudence

UNIT-I -- Jurisprudence- Meaning, Nature and Scope.

-- Definition of Law, Classification of Law. Relation between Law and Morals.

-- Sources of Law: Custom- Meaning, Kinds, Essentials of a valid custom, when does a

custom become Law?

-- Precedent: Meaning, Importance, Merits and Demerits. Doctrine of Precedent and its

operation in India. Do the judges make Law?

-- Legislation: Meaning, Supreme and Subordinate Legislation.

-- Concept of Administration of Justice, Difference between Administration of Civil Justice

and Criminal Justice, Theories of punishment.

-- State: Definition, Elements of State, Theories of origin of State, Relation between law

and State.

-- Codification: Meaning, Classification, Merits and Demerits.

-- Rights and Duties: Meaning, Theories of Legal right, Elements of Legal right,

Classification of Rights and Duties.

-- Personality: Meaning and Nature of Legal Personality, Legal Status of unborn person,

Dead man, Animals, Idol and State, Nature of Corporate Personality, Theories of

Corporate Personality, Advantages of Incorporation liability of Corporation.

UNIT-II -- Kelsen's Pure theory of law.

-- Historical School of law.

-- Sociological School of law.

-- Analytical school of Law.

-- Natural Law school.

-- Possession: Meaning, Kinds of Possession, Analysis of Possession, Pessessory

Remedies, Rights of Possessor, Acquisition of Possession.

13

-- Ownership: Definition, Essentials of ownership, Kinds of ownership, Modes of

Acquisition of ownership.

-- Property: Meaning, Theories of Property, Kinds of Property, Modes of Acqisition of

Property.

SUGGESTED READINGS

1. Friedman W. : Legal Theory.

2. B.N.M. Tripathi : An Introduction to Jurisprudence.

3. S.N Dhyani : Fundamentals of Jurisprudence.

4. Dias : Jurisprudence.

5. vkH tfozdo e[wko e"f;ae : ftXh ;ak;so dh ikD-gSkD 6. N.V. Paranjape : Studies in Jurisprudence & Legal Theory

14

Paper-II: - Law of Taxation

UNIT-I -- Constitutional Provisions, Concept of Tax, Nature and Characteristics of Taxes.

-- Distinction between: Tax and Fee, Tax and Cess, Direct and Indirect Taxes.

-- Income Tax Law- Definitions: Income, Total Income, Assessee, Person, Assessment

year, Previous Year, Capital Asset.

-- Charge of Income Tax (Section 4), Incidence of Tax (Section 5), Residential Status of an

Assessee (Section 6)

-- Heads of Income (Section 14).

-- Income under the Head "Salaries" (Section 15-17).

-- Income under the Head "Income from House Property" (Section 22-27).

-- Income under the Head "Capital Gains" (Sections 45(1), 54 54B, 54D, 54EC, 54ED, 54F,

54G, 54GA)

-- Income under the Head "Income from Other Sources" (Section 56-59)

-- Income of other Persons included in Assessee's Total Income (Section 60-65)

-- Set off and Carry forward and Set off of Losses (Section 70-80)

-- Deductions to be made in computing Total Income (Section 80A-80GGC)

-- Rebates and Reliefs of Income Tax (Section 87-89)

-- Advance Payment of Tax (Section 207-11, 217 & 219)

UNIT-II -- Refunds (Section 237-241)

-- Income Tax Authorities and their Powers (Sections 116, 131-36)

-- Return of Income (Section 139(1) & Section 140), Return of Loss (Section 139(3)),

Belated Return (Section 139(4)), Revised Return (Section 139(5))

-- Permanent Account Number (Section 139(A))

-- Best Judgment Assessment (Section 144-145)

-- Income Escaping Assessment (Section 147-148)

-- Penalties and Prosecutions (Section 270-280)

15

-- Formulation of Principles for determining when a Sale or Purchase of goods takes place

in the course of Inter-State trade of commerce or outside a Sate or in the course of import

or export.

-- Inter-State Sales Tax.

-- Goods of special importance in Inter-State trade or commerce.

-- Liability in Special cases.

-- Authority to settle disputes in course of Inter-state trade or commerce.

SUGGESTED READINGS

1. Dr. Vinod K. Singhania : Student Guide to Income Tax.

2. Dr. Vinod K. Sanghania : Direct Taxes Law & Practice.

3. Kailash Rai : Taxation Laws.

4. Dr. Garish Ahuja : Systematic Approach to Income Tax.

5. Nani Palkivala : Income Tax.

6. V.P. Gour and D.B. Narang : Income Tax Law & Practice.

7. Narula : Taxation Law.

8. The Central Sales Tax Act, 1956.

16

Paper-III:- Company Law

UNIT-I

Corporate Personality: Definition of Company, Extent and application of Companies Act,

2013, Nature of Corporate form and advantages, Disadvantages of incorporation, Kind of

Company.

Registration and Incorporation: Formation of Company, Promoters, Certificate of

incorporation, Pre-incorporation contracts, Commencement of business.

Memorandum of Association: Contents, or Clauses of Memorandum of Association, Rule of

ultra vires.

Articles of Association: Contents, Alteration, Binding force of Memorandum and articles,

Doctrine of constructive notice and indoor management.

Prospectus: Definition, Contents, Liability for misrepresentation or untrue statement in

prospectus.

Shares: Allotment, Restriction on allotment, Share certificate, Transfer of shares, Forged

transfer, Issue of shares- on premium and discount, Call on shares, forfeiture of shares, surrender

of shares, Lien on shares, Dividend on shares.

Debentures: Meaning, Usual features, Kinds of debentures, fixed and Floating charge,

Crystallisation of floating charge, Remedies of debenture holders, Share holder compared with

debenture holder.

UNIT-II

Member: Modes of membership, who may be member, Ceaser of membership, Register of

members, Inspection and closing of register, Rectification of register, Annual returns.

Directors: Appointment, Qualification, Vacantion of office, Removal, Powers, Position and

Duties, Corporate Social Responsibility.

Meetings: Kinds, Notice, Quorum, Voting, Kinds of resolutions.

Investigation: Investigation of Companies Affairs (Section 201-229)

Prevention of oppressing and mismanagement: Majority powers and Minority rights- Rule in

Foss v. Harbottle, Prevention of oppression and mismanagement (Sections: 241-246).

Merger & Amalgamation

Winding up of Company: Modes- Winding up by Tribunal- Grounds, Who can apply,

Powers of Tribunal, Commencement of winding up, Consequences of winding up order,

dissolution of company; Voluntary Winding up- By ordinary & special resolution, Declaration of

solvency, Meeting of creditors, Appointment, powers & duties of company liquidator in

voluntary winding up,, Final meeting and dissolution.

17

SUGGESTED READINGS

1. Avtar Singh : Company Law

2. Kailash Rai : Company Law

3. S.M. Shah : Company Law

4. Dr. N.V. Paranjape

5. S.R. Myneni : Company Law

6. The Companies Act, 2013 (Bare Act)

7. A. Ramaiya Guide to the Companies Act

18

Paper-IV:- Labour and Industrial Law-II

UNIT-I

The Payment of Wages Act, 1936

-- Object and Salient Features of the Act.

-- Responsibility for payment of Wages.

-- Wage period and time of payment of wages, mode of payment.

-- Deductions which may be made from wages.

-- Contracting Out.

-- Authorities under the Act.

The Bonded Labour System (Abolition) Act, 1976

-- Aims and Objectives of the Act.

-- Constitutional and legal provisions.

-- Liability to repay bonded debt to stand extinguished.

-- Property of bonded labour to be freed from Mortagage.

-- Forced bonded labour not to be evicted from homestead.

-- Authorities for implementing the provisions of the Act.

The Minimum Wages Act, 1948

-- Object and salient features of the Act.

-- Procedure for fixing and revising minimum wages.

-- Exemption of employer from liability in certain cases.

-- Contracting Out.

The Equal Remuneration Act, 1976

-- Object and Salient features of the Act.

-- Equal Remuneration to men and women.

-- No discrimination to be made while recruiting men and women workers.

-- Advisory Committee.

19

-- Power of appropriate Government to appoint authorities for hearing and deciding claims

and complaint.

UNIT-II

-- The Employees Compensation Act, 1923

-- Object and aims of the Act.

-- Definitions

-- Employers liability for compensation.

-- Notional Extension of Empoyer's premises.

-- Review of Compensation.

-- Notice and Claims of the accident.

-- Power to require from employer statement regarding fatal accidents.

-- Reports of fatal accidents and serious bodily injuries.

-- Medical Examination and consequences of non-submission to medical examination.

-- Liability for contractor's employers.

-- Remedies of employer against stranger.

-- Attachment, assignment and charge on compensation.

-- Compensation to be first charge on assets transferred by employer.

-- Contracting Out.

-- Penalties.

The Employees State Insurance Act, 1948

-- Object and Salient features of Act.

-- Contributions.

-- Benefits.

-- Adjudication of disputes and claims.

-- Penalties.

20

SUGGESTED READINGS

Report of the National Commission on Labour (1969)

Indian Law Institute, Labour Law and Labour Relation, 1957.

G.M. Kothari : A Study of Industrial law.

S.N. Mishra : Industrial and Labour Law

V.G. Goswami : Industrial and Labour Law

S.K. Puri : Industrial and Labour Law

Chopra : Minimum Wages Act

Chopra : Payment of Wages Act

S.C. Srivastava : Workmen's Compensation Act

P.L. Malik : Employee State Insurance Act

21

Paper-V:- Option: Any one of the following

Option Paper-(a) International Organisations

UNIT-I

Definition and types of International Organisations. Historical Evolution of International

Organizations.

Nature and Classification of Organisations, United Nations Principles and Practices and its

structural components.

Aims and Objectives of Regional Organisations: North Atlantic Treaty Organisations (NATO);

The European Union; Organisations of African Unity; the Arab League; ASEAN and SAARC.

UNIT-II

Aims and Objectives of the following International Organisations: WTO, ILO, International

Court of Justice, International Centre for Settlement of Investment Disputes, International non

Governmental Organisations (Amnesty International).

International Personality and legal status of International Organisations.

Privilege & Immunities attached to the Organisations & to its personnel.

Responsibility of the International Organisation. Dissolution of International Organisations and

Problems of Succession.

SUGGESTED READINGS

D.W. Bewett : The Law of International Institutions.

Potner Pitman : Introduction to the Study of International

Organisations.

Stephen S. Goodspeed : Nature and Functions of International

Organisations.

Malcolin Shaw : International Law

22

Option Paper-(b) Gender Justice

UNIT-I

The Concept of Gender- the Biological Distinction

-- Constitutional Safeguards and Role of Judiciary.

-- Convention on Elimination of All Forms of Discrimination Against Women.

-- Preventing Domestic Violence

Gender Justice and Personal Laws

-- Adoption and Guardianship Rights.

-- Property and Inheritance Rights.

-- Rights of Maintenance.

-- Uniform Civil Code towards Gender Justice.

UNIT-II

Gender Related Crimes

-- Sati.

-- Prostitution and Trafficking Against Women.

-- Sexual harassment of Women.

Gender Justice Issues

-- Women Empowerment and Governance.

-- Equal opportunity in Employment, Maternity Benefit and Equal Remuneration.

-- Female Foeticide and Law.

-- Surrogacy.

23

SUGGESTED READINGS

1. Aggarwal, Bina Patriarchy and the Modernizing State:An introduction, in Aggarwal

Bina(ed.) Structures of Patriarchy, Kali for Women, New Delhi, 1988.

2. Julia Cleves Mosse, half the World, half a Chance: An Introduction to Gender

Development, What is Gender? Oxford, UK 1993.

3. Myneni, S.R. Women and Law, Asia Law House, Hyderabad, 2005.

4. Merry, Sally Engle, Human Rights and Gender Violence Translating International Law

into Local Justice, Oxford University Press, New Delhi, 2009.

5. Tripathi, S.C., Law Relating to Women and Children, Central Law Publication

Allahabad, 2008.

6. Chakrabarti, N.K., Gender Justice, R. Cambray and Company, Kolkata, 2007

Towards Equality- Report of the Committee on the Status of Women (Govt. of India).

7. Nijjar, M.S and Manpreet Kaur- Law Relating to Property Rights of Hindu Women.

8. Mamta Rao- Law relating to Women and Children.

9. Monica Chawla - Gender Justice- Law Relating to Women in India

24

Option Paper-(c) Media and Law

UNIT-I

-- Freedom of Expression in Indian Constitution.

-- Media Freedom and Right of Privacy.

-- Right to Information and Right to Know.

-- Role of Judiciary on Media and Free Expression.

-- Media and Criminal Law (Defamation, Obscenity, Sedition).

-- Media and Tort Law (Defamation and Negligence).

-- Media and Official Secrets Act.

UNIT-II

-- Media and Contempt of Court.

-- Pre- Censorship & Censorship

-- Cable T.V Networks (Regulation) Act, 2011.

-- Working Journalist Act, 1955.

-- Concept of Advertisement.

-- Advertisement and Ethics.

-- Advertisement Act, 1954.

-- The Press Council Act, 1978.

SUGESSTED READINGS

1. M.P. Jain, Constitutional Law of India.

2. Rajeev Dhavan, On the Law of the Press in India.

3. D.D. Basu, The Law of Press of India.

4. Soli Sorabjee, Law of Press Censorship in India.

5. Indian Penal Code, 1860.

6. Law of Torts- R.K. Bangia

7. Media and Law- Sridhar

25

8. Advertisement Act, 1954.

9. The Press Council Act, 1978.

10. Cable T.V Networks (Regulations) Act, 1995.

11. Working Journalist Act, 1955.

SYLLABUS

BACHELOR OF LAWS PART-III

(5YEAR COURSE) (FIFTH AND SIXTH SEMESETERS)

FOR 2016-17, 2017-18 AND 2018-19 SESSIONS

SCHEME OF STUDIES

FIFTH SEMESTER

Paper

Subject Univ.

Exam.

Internal*

Assessment

Max.

Marks

I Legal History 74 26 100

II Environment Law 74 26 100

III Law of Property 74 26 100


Law-I

74 26 100

V Administrative Law 74 26 100

Total 370 130 500

SIXTH SEMESTER

Paper Subject Univ.

Exam.

Internal*

Assessment

Max.

Marks

I Jurisprudence 74 26 100

II Principles of Taxation 74 26 100

III Company Law 74 26 100


Law-II

74 26 100

V Option:Any one of the

following:

(a)International

Organisations

(b)Gender Justice

(c) Media and Law

74 26 100

Total 370 130 500

PUNJABI UNIVERSITY, PATIALA

SYLLABUS

BACHELOR OF LAWS PART-IV (SEVENTH & EIGHTH SEMESTER)

(FIVE YEARS COURSE)

FOR 2017-18, 2018-19 & 2019-20 SESSIONS

SCHEME OF STUDIES

SEVENTH SEMESTER

Univ.

Exam

Int.

Exam

Max.

Marks

Paper-I Law of Evidence 74 26 100

Paper-II Land Laws including Tenure & Tenancy System 74 26 100

Paper-III Law of Crimes - I (Penal Code) 74 26 100

Paper-IV Moot Court Participation and Seminar-I - - 100*

Paper: V

Any one of the following :

a) Law Relating to Information Technology and

Right to Information

b) Banking Law

c) Health Law

74 26 100

Total

296 104 500

EIGHTH SEMESTER

Univ.

Exam

Int.

Exam

Max.

Marks

Paper-I Drafting, Pleading and Conveyancing 74 26 100

Paper-II Professional Ethics and Professional Accounting

System

74 26 100

Paper-III Law of Crimes-II (Criminal Procedure) 74 26 100

Paper-IV Moot Court Participation and Seminar-II - - 100*

Paper: V

Any one of the following :

(a) Insurance Law

(b) Financial Marketing Regulation

(c) Law on Education

74 26 100

Total

296 104 500

* For Paper- IV : Moot Court Participation and Seminar-I &

Moot Court Participation and Seminar-II are of 100 marks i.e. Moot Courts (Every Student will give presentation at two moot

courts with 30 marks each) = 60 marks

Court Visit = 20 marks Seminar = 20 marks

--------------

100 marks -------------

GENERAL INSTRUCTIONS FOR THE PAPER-SETTERS

FOR ALL THE PAPERS


For Paper-IV (Moot Court Participation and Seminar-I &

Moot Court Participation and Seminar-II) are of 100 marks i.e.

Moot Courts (Every Student will give presentation at two moot

courts with 30 marks each) = 60 marks

Court Visit = 20 marks

Seminar = 20 marks

--------------

100 marks

-------------

2. The minimum number of marks required to pass each paper shall be 45% in University

Examination and 45% in University Examination and Internal Assessment taken together.

3. The question paper will consist of three Units : I, II and III. Unit I and II will have four questions

from the respective Units of the syllabus and will carry 11 marks each. Unit III will consist of 10

short answer type questions, which will cover the entire syllabus uniformly and will carry 30

marks in all.

4. Internal exams marks for each paper are 26 which includes 05 marks of Attendance, 11 marks of

Written Assignment/ Project Work etc. and 10 marks for Two Mid-Semester Tests/ Internal

Examination.

2

B.A.LL.B. Part- IV (Seventh Semester)

Paper I : Law of Evidence

Unit - I

- Definitions and Relevancy of Facts Ss 1-16

- Admissions and Confessions Ss 17-31

- Statements by Persons who cannot be called as witnesses Ss 32-33

- Statements made under special Circumstances Ss 34-38

- How much of a statement is to be proved S- 39

- Judgement of Courts of Justice when relevent Ss 40-44

- Opinions of Third Persons when relevant Ss 45-51

- Character when relevant Ss 52-55

- Facts which need not be proved Ss 55-58

- Of Oral Evidence Ss 59-60

- Of Documentary Evidence Ss 61-90

Unit - II

- Of the Exclusion of Oral by Documentary Evidence Ss 91-100

- Of the Burden of Proof Ss 101-114-A

- Estoppel Ss 115-117

- Of Witnesses Ss 118-134

- Of the Examination of Witnesses Ss 135-166

- Of Improper Admission and Rejection of Evidence S- 167

Suggested Readings:

Rattan Lal and Dhiraj Lal : The Law of Evidence

S.R Myneni : Law of Evidence

Batuk Lal : Law of Evidence

Avtar Singh : Law of Evidence

Munirs : Law of Evidence

Paper II : Land Laws including Tenure & Tenancy System

Unit – I

Punjab Land Revenue Act, 1887

Definition of Key words

Revenue officers and their powers

Revenue Records

Assessment of land revenue

Collection of land revenue

Partition

Jurisdiction of civil courts under Land Revenue Law 1

Punjab Tenancy Act, 1887 & Punjab Security of Land Tenures Act, 1953

Definition of key words

Classes of tenants

Law of rent

Law of ejectment of tenant

Relief for wrongful dispossession of tenant

Improvements and compensation

Evaluation of Tenancy Laws

Unit - II

Punjab Land Reforms Act, 1972

Principles of economic and social justice and land reforms

Definition of key words

Permissible area

Determination of permissible and surplus area

Utilization of surplus area

Lands exempted from ceiling

Evaluation of Land Reform in Punjab

The Right to Fair Compensation and transparency in Land Acquisition, Rehabilitation

and Resettlement Act, 2013

Definition of Key Words

Determination of Social Impact and Public Purpose

Notification and Acquisition

Rehabilitation, Resettlement Award, procedure and Manner

National Monitoring Committee and Establishment of Land

Acquisition, Rehabilitation and Resettlement Authority

Apportionment of Compensation and Payment

Offences and Penalities

Suggested Readings:

1. Neety Kaul : Land Laws in Punjab and Haryana

2. Khurana’s : A treatise on Land Laws in Punjab

3. G.S. Nagra : Punjab Land Record Manual

4. O.P. Aggarwal : Punjab Land Revenue Act

5. Jain & Jain : Punjab Land Revenue Act

6. O.P. Aggarwal : Punjab Tenancy Act

7. K.B. Jain : Punjab Security of Land Tenures Act

8. P.C. Joshi : Land Reforms in India Trends and Perspectives

9. P.S. Appu : Ceiling on Agricultural Holdings

10. A.B. Puranik : Law of Land Acquisition and Compensation

Punjab Land Reforms Act, 1972

The Right to fair Compensation and Transparency in Land Acquisition

Rehabilitation and Resettlement Act, 2013

2

Paper III : Law of Crimes - I (Penal Code)

Unit - I

- Group liability on the basis of common intention

- Unlawful Assembly

- Liability of a member of unlawful assembly

- Abetment

- Criminal Conspiracy

- Stages in the commission of crime

- Criminal liability of Companies

- Types of Punishment under the Indian Penal Code

- Right of private defence

- Insanity as a defence to criminal liability

- Offences against morality (Sections 292-294 I.P.C)

- Culpable homicide and Murder

- Death by rash or negligent act

- Simple and grievous hurt

Unit - II

- Criminal force and Assault

- Kidnapping and Abduction

- Outraging the modesty of a woman

- Sexual Offences

- Bigamy

- Adultery

- Dowry death

- Cruelty by husband or relative of husband

- Theft, Extortion, Robbery and Dacoity

- Criminal misappropriation of property and Criminal breach of trust

- Sedition

- Defamation

Suggested Readings:

1. Rattanlal and Dhirajlal : Law of Crimes

2. H.S.Gaur : Penal Law of India

3. P.S.A. Pillai : Criminal Law

4. T.Bhattacharya : Indian Penal Code

3

Paper IV : Moot Court Participation and Seminar-I

Students would be attending Lok Adalats organised by the District Courts as well as

would be encouraged to undertake various Legal Aid Campus.

Distribution of Marks is as under:

1. Moot Courts: Every student will give presentation at two Moot 60 Marks

Courts with 30 marks each

2. Seminar 20 Marks

3. Court Visits 20 Marks

Total 100 Marks

(The students will maintain a record and enter the various steps observed during their

attendance on different days in the Court assignment).

Paper - V Option (a) : Law Relating to Information Technology and Right to

Information

Unit-I

- Need, Aims, Objectives and Application of Information Technology Act, 2000

- Definitions : Computer, Computer Network, Computer Resource, Computer

System, e-record, Information, Asymmetric crypto system

- Legal Recognition of Electronic Documents

- Legal Recognition of Digital Signatures

- E-Governance

- Attribution, Acknowledgement and Dispatch of e-record

- Regulation of Certifying Authorities

- Duties of Subscriber

- Offences, Contraventions and Extra Territorial Jurisdiction

- Penalties and Adjudication

- Service Providers and their exemption from liability

- Investigation and procedure of search and seizure

- Grey areas of IT Act, 2000

Unit-II

- Historical Background of Right to Information : Colonial and Post Independent

Secnario, British and American experiences

- Significance of Right to Information in Democracy

- Constitutional basis of RTI with special reference to Art. 19 and 21 of the

Constitution of India

- Supreme Court on Right to Information

- Reasons, Aims, Objectives and Application of Right to Information Act, 2005

- Definitions, Right to Information and obligations of Public Authorities

- Central Information Commission, State Information Commission 4

- Powers and Functions of Information Commissions

- Appeals and Penalties

- Miscellaneous Provisions

Suggested Readings:

1. Information Technology Act, 2000, Universal Publishing Co. Pvt. Ltd. (2009)

2. Dr. Farooq Ahmed, Cyber Law in India, New Era Law Publisher, 3rd Edition,

(2008)

3. D.P. Mital, Law of Information Tech. (Cyber Law), Taxmann, 2000

4. J.H. Barowalia : Commentary on the Right to Information Act, Universal Law

Publications

5. Nandan Kamath, A Guide to Cyber Laws and IT Act, 2000 with Rules and

Notifications, Universal Law Publisher, 3rd Edition, (2007)

6. Parag Diwan & Shammi Kapoor, Cyber and E-commerce Law, 2nd Edition,

Bharat Publisher, (2000)

7. Vakul Sharma, Information Technology : Law & Practice, Universal Law

Publisher, 2nd Edition, (2007)

Yatinder Singh : Cyber Laws

Paper-V - Option (b) - Banking Law

Unit-I

Development of Banking

Definition and functions of Bank

The Banker, The Customer, General relationship between Banker and Customer,

Special relationship as Debtor and Creditor, Special relationship of a bailee and a

bailer, Special relationship as an agent and principal, Special relationship as a Trustee.

Obligation to maintain Secrecy of the Account, Garnishee order, Non-Compliance of

Garnishee order, Attachment order of Income Tax Authorities, Effect of attachment

order, Rights of Banker - Right of General lien, Particular lien, Right to set-off, Right

of Appropriation, Right to charge Interest, Commission etc.

Unit-II

Negotiable Instruments -

Definition, Characteristics & kinds of a Negotiable instrument, Cheque -

Definition, Essentials, Obligation of Banker to honour the Cheque, Crossing of

cheque, Kinds of Crossing, Dishonour of cheque, Consequences of wrongful

dishonour, Complaint for dishonour of cheque, Procedure for filing complaint and

liability for dishonour of cheque. Difference between Holder & Holder in due course,

Kinds of Endorsement.

Special Customers of a Bank -

The Minor, The Lunatic - The Drunkard - The married women - The Pardanasheen

women, The illiterate Persons, Joint Account Holder, Joint Hindu Family, Partnership

Firm, Salient features of Reserve Bank of India Act, 1934.

5

Suggested Readings :

1. Dr.Verma and Agarwal : Banking Law and Practice

2. Avtar Singh : Negotiable Instruments Acts

3. Negotiable Instuments Act, 1881

4. Reserve Bank of India Act, 1934.

Paper V option (c) : Health Law

Unit-I

Right to Health and Indian Constitution

National Health Policy

Legal aspect of Private medical practice

The Mental Health Act, 1987: Mental Health Authorities, Admission and detention in

psychiatric, Hospitals or Psychiatric Nursing Homes, Protection of Human Rights of

Mentally ill persons.

Medical Termination of Pregnancy Act, 1971

UNIT-II

The Transplantation of Human Organs Act, 1994: Authority for the Removal of

Human organs, Removal of organs in case of unclaimed bodies in hospital or prison,

Restrictions on removal of Human organs, Offences and Penalties

Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994

Medical Negligence and Malpractices

Health Insurance in India

Role of Law in prevention of AIDS

Duties of Hospitals regarding Medico-legal cases

Prescribed Books /Act

The Medical Termination of Pregnancy Act, 1971

The Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act,

1994

The Mental Health Act, 1987

The Transplantation of Human Organs Act, 1994

The Consumer Protection Act, 1986

Nandita Adhikari- Law and Medicine

R.M Jhala & K. Kumar (rev), Jhala & Raju’s Medical jurisprudence, (1997)

6

B.A.LL.B. Part- IV (Eighth Semester)

Paper -I : Drafting, Pleading and Conveyancing

Unit-I

- Meaning, Scope and Object of Pleadings

- Plaint and written statement

- Fundamental rules of Pleadings

- Place of Suing

- Frame of suits and its essentials

- Parties to suit

- Plaint in suit for injunction

- Plaint in suit for specific performance

- Plaint in suit for breach of contract

- Plaint in suit for accounts by the Principal against the agent

- Suit for partition and possession

- Suit for damages for malicious prosecution

- Application for eviction of tenant under the East Punjab Rent Restriction Act,

1949

- Application to set aside exparte decree

- Application for appointment of guardian of a minor

- Written Statements

Unit-II

- Petition for Dissolution of Marriage under Section 13 of the Hindu Marriage Act,

1955

- Petition for Restitution of Conjugal Rights under Section 9 of the Hindu Marriage

Act, 1955

- Petition for Decree of Nullity of Marriage under Section 11 & 12 of the Hindu

Marriage Act, 1955

- Petition for Judicial Separation under Section 10 of the Hindu Marriage Act,1955

- Complaint for Maintenance of Peace and Order under Section 107 of the Code of

Criminal Procedure, 1973

- Complaint for Public Nuisance

- Complaint for defamation

- Application for Maintenance under Section 125 of the Code of Criminal Procedure,

1973

- Application for Bail

- Application for Anticipatory Bail

- Meaning, Object and Functions of Conveyancing

- Components of deeds

- Agreement to sell property

- Sale Deed

- Gift Deed 7

- Mortgage Deed

- Lease Deed

- Deed of Exchange

- Will

- Power of Attorney

- Notice

Suggested Readings

Mogha : Pleadings

Mogha : Conveyancing

A.N. Chaturvedi : Pleadings & Conveyancing

Bindra N.S. : Pleading & Practice

Paper - II : Professional Ethics and Professional Accounting System

Unit-I

Historical Introduction to Legal Profesion in India : Development of Legal

Profession in India

Privileges and Rights of Legal Profession, Importance, Distinction from other

Professions and Business.

Admission and Enrolment of Advocates, Privileges and Rights to practice of Advocate

Composition of State Bar Council and its Powers and Functions. Constitution of

Disciplinary Committee, Powers, Receipt of Complaint, Disposal and Punishment.

Bar Council of India : Composition, Functions and Powers of Bar Council of India

Conducts of Advocates : Meaning and Scope of Professional and Other Misconducts

Constitution and powers of Disciplinary Committee

Punishment of Advocate for misconduct

Disciplinary powers of Bar Council of India

Disposal of disciplinary proceedings

Powers of Review, Revision and Appeal

Right to Appeal to the Supreme Court

Unit-II

Professional Ethics of Lawyers

Duties of Advocates, Duty to Public and State

Duties towards Courts

Duties towards Clients

Duties to render Legal Aid

Duties towards Opponent, Colleagues and other Residual Duties

Conflicts between interest and duty

Bench-Bar Relationship and Lawyers' Strike

The Contempt of Courts Act, 1971 : Meaning of Contempt, Categories of Contempt,

Constitutional Validity of the Contempt of Courts Act, 1971 8

Constitutional Provisions Regarding Powers of the Supreme Court and the High

Courts Houses of Parliament of State Legislatives for Punishing for their Contents

Nature, Scope and Salient features of the Legal Service Authorities Act, 1987.

Suggested Readings

A.N. Chaturvedi : Pleading and Conveyancing with Advocacy and Professional

Ethics

Bare Act of Advocates Act, 1961 & Bar Council of India Rules

14th Law Commission of India

Dr. Ravi Karan Singh : Dispensation of Justice - Role and Accountability of Judges

and Advocates, Deep & Deep, 2004.

Paper-III : Law of Crimes-II (Criminal Procedure)

Unit - I

Definitions Bailable Offence, Non-Bailable Offence, cognizable

offence and non-cognizable offence, complaint, Police Report,

Inquiry, investigation, Judicial Proceeding, Summons Case and

Warrant Case.

Classes and Powers of Criminal Court.

Arrest of Persons with and without warrant.

Process to comply Appearance - (a) Summons, (b) Warrant of arrest

(c) Proclamation and Attachment.

Process to comply production of thing - Summons to produce, Search

Warrants, General Provisions Relating Searches, Powers of Police officer

to seize certain Property.

Information to the Police and their Power to investigate (154-176)

Conditions requisite for initiations of proceedings (190-199)

Complaints to Magistrate (200-203)

Commencement of Proceedings before Magistrates (204-210)

Jurisdiction of the Criminal Courts in Inquiries and Trials (177-189)

Unit - II

The Charge (211-224)

Procedure for trial (225-265)

- Trial before court of session

- Trial of warrant cases

- Trial of summon cases

- Summary Trial

Pardon to accomplice

Provisions as to bail and Bonds (436-450)

Confirmation and Execution of Death Sentence

Suspension, Remission and commutation of sentences

Inherent Powers of the High Courts 9

Appeal, Reference and Revision

Time Limitation for taking cognizance

Rights of the Accused and Principles of fair trial.

Suggested Readings:

1. Rattan Lal & Dhiraj Lal : Criminal Procedure Code 1973

2. R.V. Kelkar : Outlines of Criminal Procedure

3. M.P. Tandon : Criminal Procedure Code, 1973.

Paper-IV : Moot Court Participation and Seminar-II

Students would be attending Lok Adalats organised by the District Courts as well as

would be encouraged to undertake various Legal Aid Campus.


1. Moot Courts: Every student will give presentation at two Moot 60 Marks

Courts with 30 marks each

2. Seminar 20 Marks


Total 100 Marks



Paper-V - Option (a) - Insurance Law

Unit-I

Meaning of Insurance

Definition of Insurance

Nature of Insurance

Functions of Insurance

Types of Insurance

Evolution of Insurance

Life Insurance

Definition of a Contract of Life Insurance

Difference between Life Insurance and other forms of Insurance

Insurable Interest, Presumption of insurable interest, Presumption of insurable interest,

Procedure for effecting a Life Policy, Kinds of Life insurance policies, Assignment of

Life Policies, Nomination by the Policy Holder, Effect of Suicide, Settlement of

Claims.

10

Unit-II

Fire Insurance

Definition of a Contract of Fire Insurance

Characteristics, What is 'Fire' and 'Loss or Damage by Fire' ?

Procedure for effecting Fire Insurance

Types of Fire Policies,

Assignment of Fire Insurance Policies,

Fire Insurance Claim

Marine Insurance

Definition of a Contract of Marine Insurance

Subject matter of a Contract of Marine Insurance, Maritime Derils,

Characteristics of Marine Insurance Contracts, Kinds of Marine Policies, Insurable

Interest, Warranties in a Contract of Marine Insurance, Kinds of Warranties, Marine

Losses, Kinds of Losses, Rights of Insurer on Payment.

Suggested Readings:

1. The Insurance Act, 1938

2. The Life Insurance Corporation Act, 1956

3. The Marine Insurance Act, 1963

4. The General Insurance Business (Nationalisation) Act, 1972

5. Avtar Singh, Mercantile Law

6. R.K. Bangia, Mercantile Law

Paper-V - Option (b) - Financial Marketing Regulation

Unit-I

An overview of Financial System

- Constituents of Financial system

- Significance of Financial system

- Development and Growth of Financial and Market in India

- Regulatory Authorities Governing Financial Market

SEBI (Securities Exchange Board of India)

- Role and Powers

- Depositories Act, 1996; Right and Obligations of Depositories, Participants,

Issuers and Beneficial Owners

Stock Exchange

- Stock Exchange, Functions and significance of Stock Exchange

- Operations of Stock Exchange

- Listing of Securities

Unit-II

Capital Market and Money Market

- Meaning & Significance

- Capital Market Instruments

- Money Market Instruments

- Capital Market vis-à-vis Money Market 11

- Formation and Regulation of NBFCs.

- Competition Act, 2002: Aims, Objectives, Prohibition of Certain Agreements,

Abuse of Dominant Position and Regulation of Combinations and Penalities.

- FEMA(Foreign Exchange Management Act): Aims, Objectives, Definitions,

Regulations regarding Foreign Currency, Offences and Penalities.

Suggested Readings:

1. E. Gordon & H. Natarajan, Capital Market in India; Himalaya publishing House,

Ramdoot, Dr. Bhalerao Marg, Girgaon, Mumbai- 400004

2. V.L. Lyer, SEBI practice Manual; Taxman allied Service (P) Ltd; 59/32, New

Rohtak Road, New Delhi- 110005

3. M.Y. Khan, Indian Financial Systems; Tata Mcgraw Hill, 4/21, Asaf Ali Road,

New Delhi-1100102

4. SEBI Manual, Taxman

5. A.K. Senguma & A,K, Agarwal, Money Market Operations in India: Skylark

6. SEBI Annual Reports

7. SEBI Monthly Bulletin

8. Bharat V. Pathak,” Indian Financial System”, Pearson Education, 3rd Edition

Paper-V - Option (c) – Law on Education

Unit-I

- International Human Rights Documents on Education

- GATTS And Education

- Globalization and Privatization in Education

- University Education Commission (1948-49):- Aims and general

recommendations

- Secondary Education (Mudaliar) Commission (1952-53):- Aims and general

recommendations

- Indian Education (Kothari) Commission (1964-66)(Kothari Commission):-

Aims and general recommendations

- National Policy on Education, 1968

UNIT-II

- University Grant Commission Act 1956:- Aims and objectives of the Act,

Composition, Powers and functions of the Commission

- National Policy on Education, 1986:- Aims and general recommendations

- Revised Policy on Education, 1992 and Programme of Action (POA)

- National Knowledge Commission

- Legal education in India: Aims, New Scheme, Future of Legal education,

Recent Developments.

- Judicial Activism and Right to Education in India 12

- Constitutional Provisions on Education in India: Article 45, 86th Constitutional

Amendment: Article 21-A, Article 51-A (K)

- The Right of Children to Free and Compulsory Education Act, 2009:

Objectives; Definitions; Right to Free and Compulsory Education; Duties of

Appropriate Government, Local authority and Parents; Responsibilities of

Schools and Teachers; Curriculum and Completion of Elementary education;

Protection of Right of Children; Miscellaneous.

Suggested Readings:

Govt. of India : Radha Krishan Commission Report.

Govt. of India : Secondary Education Commission Report

Govt. of India : Kothari Education Commission Report

Govt. of India : Programme of Action- National Policy of

Education, Ministry of HRD, New Delhi.

University Grant Commission Act 1956

V.D Kulshreshtha : Landmarks in India Legal and Constitutional

History

Walia, J.S : Modern Indian Education and its Problems, Vivek

Publishers, Ambala, 1981.

Rajan, Raj Kumar : Development of Educational System in India

Khanna, Manoj Kumar Sharma

Narula, S & Naik : A History of Education in India: McMillan

The Right of Children to Free and Compulsory Education Act, 2009 : Bare Act

The Constitution of India : Bare Act

47

SYLLABUS

BACHELOR OF LAW PART-V

(5 YEAR COURSE) (NINTH AND TENTH SEMESTER)

FOR 2018-19 SESSIONS

SCHEME OF STUDIES

NINTH SEMESTER

Paper-I : Civil Procedure Code and Limitation Act

Paper-II : Alternative Dispute Resolution and Legal Aid

Paper-III : Moot Court exercise and Internship*

Paper-IV : Option: Any one of the following:

(a) Criminology, Penology and Victimology

(b) Intellectual Property Law

(c) Probation, Parole and Prison Administration

Paper-V : Option: Any one of the following:

(a) Private International Law

(b) Human Rights Law and Practice

(c) Offences against Child and Juvenile Offence

TENTH SEMESTER

Paper-I : Clinical Legal Education and Internship

Paper-II : Law of Registration, Specific Relief and Court Fee

Paper-III : Option: Any one of the following:

(a) Law on Infrastructure Development

(b) Law of Equity, Trust and Religious Endowments

(c) Forensic Science and Law

Paper-IV : Option: Any one of the following:

(a) Interpretation of Statutes

(b) Competition Law

(c) White Collar Crime

Paper-V : Option: Any one of the following:

(a) Local Law

(b) Co-operative Law

(c) Direct Taxation

* Paper-III: Moot Court Exercise and Internship are of 100 marks i.e.

1. Moot Courts (Every student will give presentation at two moot 50 Marks

courts with 25 marks each)

2. Project Report (Written Assignment and Presentation with

15 marks each) 30 Marks


Total 100 Marks

GENERAL INSTRUCTIONS FOR THE PAPER-SETTERS

FOR ALL THE PAPERS

48

1. The maximum marks for papers I, II, V are 100 and the time allowed is 3 hours and for

Paper-III: Moot Court Exercise and Internship are of 100 marks i.e. Moot Courts (Every student will give presentation at two moot 50 Marks


Project Report (Written Assignment and Presentation with


Court Visits 20 Marks

Total 100 Marks

2. The minimum number of marks required to pass each paper shall be 45% .

3. The question paper will consist of five Units : I, II, III , IV and V. Units I ,II, III

and IV will have two questions from the respective Units of the syllabus and will

carry 15 marks each. Unit V will consist of 10 short-answer type questions which

will cover the entire syllabus uniformly and will carry 40 marks in all.

INSTRUCTIONS FOR THE CANDIDATES

Candidates are required to attempt one question each from the Units I, II, III

and IV and the entire Unit V of the question paper.

(Ninth Semester)

Paper I : Civil Procedure Code and Limitation Act

Unit - I

Substantive and Procedural Law, Nature of Code of Civil Procedure and its scheme,

Meaning of Suit and its essentials ; jurisdiction of Courts to try suit of a civil nature unless

barred ; objections to jurisdiction.

General Conditions of Res Judicata, Matters directly and substantially in issue,

Constructive Res Judicata, Res Judicata and Res Subjudice, Res Judicata and Estoppel,

Res Judicata between co-defendants and co-plaintiffs.

Conclusiveness of Foreign Judgment, its enforcement and execution, Place of suing,

Representative suit, Split of cause of action and Res Judicata.

Issue and service of Summons to defendants, summons to witnesses, dismissal of suit for

default, Exparte proceedings, setting aside exparte decree, difference between Decree and

Order.

49

Unit – II

Suit by or against Government or Public Officer, Interpleader Suit, Suit by an Indigent

person, Special case, suit relating to public nuisance and public charities, abatement and

its effect ; suit by or against minors and persons of unsound mind, compromise by next

friend or guardian.

Nature of right of appeal, difference between appeal, reference and Review

Concept of Execution, Who may apply for execution and against whom execution may be

sought; Definition of court which passed a decree, transfer of decree for execution

(Section 36-42 & Order XXI)

Precept (Section 46) ; Scope of Section 47 ; Execution against transferees and legal

representatives (Sections 49-50) ; Stay of execution (Order XXI, rules 26-29)

Unit – III

Modes of execution (Sections 51-54) ; Arrest and Detention (Sections 55-59, Order XXI,

rules 37-40)

Attachment of Property in execution of a decree; non-attachment property; transfer of

property and attachment (Sections 60-64); Objections to attachment (Order XXI, rules 58-

59)

General procedure for sale of attached property (Order XXI rules 64-69); who cannot bid

at sale (Order XXI rules 72, 72A, 73); Sale and resale of immovable property in execution

(order XXI, rules 82-87)

Setting aside and confirmation of execution of sale (Order XXI 89-94); Rateable

distribution of Assets (Section-73); Resistance to delivery possession in execution and

remedies (Section 74, order XXI, rules 97-106)

Unit-IV

The Limitation Act

Definitions

Limitation of Suits, Appeal and Applications

Computation of Period of Limitation

Acquisition of Ownership by Possession

Suggested Readings

Mulla : Code of Civil Procedure

A.N. Saha : Code of Civil Procedure

Mitra : Law of Limitations

Avtar Singh : Limitation Act

Justice P.S. Narayana : Code of Civil Procedure (2nd Edn.)

50

Paper - II : Alternative Disputes Resolution & Legal Aid

Unit-I

The Arbitration and Conciliation Act, 1996

- Definitions

- Form of Arbitration Agreement

- Constituents of Arbitration Agreement

- Composition of Arbitral Tribunal

- Removal of arbitrator

- Termination of Mandate and substitution of Arbitration

- Setting aside of arbitral award

- Enforcement of award

Unit-II


- Scope of Conciliation

- Appointment of Conciliators

- Role of Concilator

- Settlement agreement

- Status and effect of settlement agreement

- Confidentiality

- Termination of Conciliation proceedings

- Resort to arbitral or Judicial proceedings

- Difference between Conciliation and Mediation

- Distinction between Meditation and Arbitration

Unit-III

Alternative Means of Settlement of Disputes

- Merits of ADR

- Demerits of ADR

- Negotiation

- Essential Ingredients of Negotiation

- Sources of Negotiation

- Kinds of approaches to negotiation

- Obstructions to Negotiation

Unit-IV

Lok- Adalats & Legal Aid

51

- Concept of Lok-Adalat

- Establishment of Lok-Adalats

- Jurisdiction of Lok-Adalats

- Powers of the Lok-Adalats

- Award of the Lok-Adalats

- Legal Aid under Constitution of India, 1950

- Free Legal Services under the Legal Services Authorities Act, 1987

Books Recommended:

Dr. Avtar Singh, Law of Arbitration & Conciliation

S.C. Tripathi, Arbitration and Conciliation Act, 1996

Dr. N.V. Paranjape, Arbitration & Alternative Dispute Resolution

Dr. S.S. Mishra, Law of Arbitration & Conciliation in India

N.V. Paranjape, Public Interest Litigation, Legal Aid & Services, Lok Adalats & Para-

Legal Services

S.S. Mishra, Legal Services, Public Interest Litigation and Para-Legal Services

- The Arbitration & Conciliation Act, 1996 (Bare Act)

- The Legal Services Authorities Act, 1987 (Bare Act)

Dr. Anupam Kulwal, An Introduction to ADR - A text book for Indian Law Students,

Centre Law Publication (2011).

Paper-III : Moot-Court Exercise and Internship

52

This paper consists entirely of Practical Work in which each student is to participate

in two Moot Courts apart from Project Report and Court visits. For this paper, the

students would be evaluated by internal teachers.

However, on these students would be given assignments / attending Lok Adalats

organised by the District Courts as well as would be encouraged to undertake various

Legal Aid Campus.







Total 100 Marks



Option: Any one of the following:

Paper-IV Option (a) : Criminology, Penology & Victimology

Unit-I

Meaning, Nature, Scope and Objectives of Criminology, its relationship with

criminal law and other social sciences.

Schools of Criminology: Pre-classical school, Classical School, Neo-Classical

School, Positive School, Clinical School, Sociological School

Crime Causation: Physiological, Physiological and Sociological, Economic, Mental,

Family and Mass Media

Unit-II

Penology: Meaning, Definition and Scope

Concept and Necessity of Punishment

53

Theories of Punishment: Retributive theory, Deterrent theory, Preventive and

Reformative theory

Capital Punishment - constitutionality of capital punishment, judicial approach

towards death penalty.

Unit-III

Meaning & Scope of Victimology

Types of Victims of Crime

Rights of the Victims of Crime

Provisions regarding Compensation to the Victims of Crime under Code of

Criminal Procedure and Indian Penal Code

Unit-IV

Compensation under Probation of Offences Act.

Compensation to Victim under Motor Vehicle Act

Common Law regarding Compensation in Tort and Civil Law

Judicial trends in Compensatory Jurisprudence

Recommendations of Justice Malimath Committee with respect to compensation to

victims of Crime.

Suggested Readings

1. Sutherland E. & Cressy : Principles of Criminology

2. Siddique, A. : Criminology : Problems & Perspectives

3. Paranjape, N.V. : Criminology and Penology

4. Sirohi, J.P.S. : Criminology & Penology

Paper - IV Option (b) : Intellectual Property Law

Unit-I

Concept and Nature of Intellectual Property :-

Meaning, main forms of Intellectual Property

System of Intellectual Property Rights, Competing rationale of the legal regimes for the

protection of rights in Intellectual Property

Forms of Industrial property, Protection for Investigations ; Patents, Inventor's

certificates, utility models ; criteria for patenting, rational behind grant of patents.

Unit-II

Leading International Instruments concerning Intellectual Property Rights

The Paris Convention for the Protection of Industrial Property: Its establishment, concept

of Paris Union, Minimum Standards of Patent Protection under the Convention;

Initiatives towards revision of the Paris Convention

The World Intellectual Property Organisation (WIPO)

54

Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) : Its aim,

provisions on patents and their incompatability with the Indian Patents Act, 1970

Unit-III

Select Aspects of the Law of Patents in India :-

Concept of Patent, object of patent grant system, International character of patents,

historical overview of the patents law in India.

Salient features of the Patents Act, 1970

Patentable and non-patentable Inventions

Duration of the Patent Grant

Unit-IV

Law of Patents in India :-

Process of obtaining a patent, powers of controller of patents

Grounds of opposition to grant of patent

Rights and obligations of a patentee

Compulsory licences, licences of right and Revocation of Patents Infringement of Patents

and Reliefs.

Suggested Readings

1. Anderfelt, UIF : International Patent Legislation & Developing

Countries

2. Carnish W.R. : Intellectual Property

3. Sangal, P.S. & Kishore : Indian Patent System and Paris Convention :

Legal Perspectives

4. Naranyanan, P. : Intellectual Property Law

5. Narayanan, P. : Patent Law

6. Georgious I Zekos : Intellectual Property Rights & Cyber Space.

55

Paper - IV Option (c) : Probation, Parole and Prison Administration

UNIT-I

Origin and Growth of Prisons

Classification of Prisons

Classification of Prisoners

Jail Administration

UNIT-II

Emerging Principles of correctional justice

Correctional Institutions

Educational Programmes

Vocational Programmes. Welfare of Prison Personnel

UNIT-III

Modernization of prisons in the light of the Constitutional right of the prisoners

Protection of inmates from criminal cultures

Living conditions of prisons compatible with human dignity

56

Treatment Programme in Prisons

UNIT-IV

Treatment of Prisoners-Non Custodials.

Probation

Parole

After-care

Public Participation in Prevention of Crime

Role of Welfare Agencies in Crime Prevention

SUGGESTED READINGS

1. Howard Jones : Paul Cornes’s Open Prisons

2. Louis P. Carney : Introduction to correctional Science,

2nd Ed.

3. Carter and Wilkins : Probation, Parole and Community

4. Relevant Provision of the following Acts/Rules

Prisoners Act, 1900

Prisoners Act, 1984

Bostal Act, 1926

Punjab Jain Manual

The Good Conduct Prisoners Probational Release Act, 1926


The Punjab (Good Conduct Prisoners Probational Temporary Release) Act,

1962

The Punjab (Good Conduct Prisoners Probational Temporary Release) Act,

1962

Probation of Offences Act, 1958

Punjab Probation of Offenders Rules, 1962

Model Probation of Offenders Rules

57


Paper - V Option (a) : Private International Law

Unit-I

Definition, Nature and Scope of Private International Law, Difference between Public

International Law and Private International Law.

Evolution of Indian Private International Law, Theories of Private International Law.

Characterization

Renvoi

Unit-II

Application and Exclusion of Foreign Law

Domicile : Meaning, Domicile of Origin and Domicile of Choice, Domicile of

Dependents, Married Women, Minor Children, Commercial Domicile.

Jurusdiction of Courts.

Unit-III

58

Recognition of Foreign Judgements, Enforcement of Foreign Arbitral Awards

Law of Contract : Proper Law of Contract, Formation of Contract, Capacity to Contract,

Formal and Material Validity, Discharge of Contract, Jurisdiction and Choice of Law in

E-contracts

Unit-IV

Marriage - Concept of Marriage, Validity of Marriage

Matrimonial Causes : Jurisdiction of Courts, Choice of Law, Recognition of Foreign

Divorces, Recognition of Foreign Nullity Decrees, Recognition of Foreign Decrees of

Judicial Separation.

Ancillary Reliefs : Jurisdiction of Courts, Choice of Law, Enforcement of Foreign

Maintenance Orders

Legitimacy and Legitimation

Adoption

Guardianship and Custody of Minor Children - Jurisdiction, Choice of Law.

Recognition and Enforcement of Foreign Guardianship and Custody Orders.

Suggested Readings

P.M. North : Cheshire and North Private International Law

Paras Diwan : Private International Law

Indian and English

Paper-V - Option (b) -Human Rights Law and Practice

Unit - I

Genesis of Human Rights in India

- Meaning

- Evolution of the concept of Human Rights in India

- Object and Salient features of:-

* Universal Declaration of Human Rights (1948)

* International Covenant on Civil and Political Rights (1966)

* International Covenant on Social, Cultural and

Economic Rights (1966)

Unit - II

Human Rights and Constitutional Legal Framework

- Protection of Human Rights Mechanism

- Human Rights in Ancient India, Islamic and British Era.

- Object and Salient features of Protection of Human Rights Act, 1994

59

- Composition of National Human Rights Commission and State Human Rights

Commission

- Powers and functions of National Human Rights Commission and State Human

Rights Commission.

- Role of Judiciary in Protection of Human Rights.

Unit - III

Human Rights of Marginalized Section of Society

- Human Rights of Women

- Rights of aged and differently abled persons

- Human Rights of prisoners

- Human Rights and child

- Human Rights against exploitation

- Human Rights of Scheduled Castes, Scheduled Tribes and Backward

Classes/S.Ts/S.Cs

Unit - IV

Human Rights and personal Liberty

- Right to free Legal aid

- Right to speedy trial

- Right against handcuffing

- Search and seizure

- Torture in Police Custody

- Custodial deaths

- Police fake encounter

Suggested Readings

1. P.L.Mehta :- Human Rights under the Indian Constitution

2. S.K.Kapoor :- International Law and Human Rights

3. V.K. Anand :- Human Rights

4. Darren JO Byrn :- Human Rights An Introduction

5. Dr. S.K. Sharma :- Human Rights in the World Today

6. Pandit Kamalakar :- Human Rights and Criminal Justice.

7. D.D. Basu Human Rights in Constitutional Law

Protection of Human Rights Act, 1994.

60

Paper-V - Option (c) -Offences against Children and Juvenile Offence

Unit I

Offences against Children Under I.P.C.

The Causing of Miscarriage and of injuries to Unborn Child.

Kidnapping

Trafficking in Children

Sexual Offences:

- Prostitution

- Rape

- Sodomy

- Pornography

Unit II

Offences against Children under Labour Laws and Child Marriage Act.

Prohibition of employment of Children

Working Hours for Children

Economic Exploitation and Abuse of Children

Child Marriage

Unit III

Protection of Children from Sexual Offences Act, 2012

- Preventive Sexual Assault and Aggravated Penetrative Sexual Assault (3 to 6)

- Sexual Assault and Aggravated Sexual Assault (7 to 10)

- Sexual Harassment (11, 12)

- Using Child for Pornographic Purpose (13 to 15)

- Abetment and Attempt to commit an offence (16 to 18)

- Procedure for Reporting Case (19 to 23)

- Procedure for recording Statement (24 to 27)

61

- Special Courts and Procedure and Powers of Special Courts (28 to 38)

Unit IV

Salient Features of the Juvenile Justice (Care and Protection of Children) Act, 2000.

Powers, Procedure and Inquiry by Juvenile Justice Board in relation to Juveniles in

conflict with law

Observation homes, Special Homes.

Offences in respect of Juveniles

Care and Protection of Children under the Juvenile Justice (Care and Protection of

Children) Act, 2015.

Production of Children in need of care and Protection before the Child Welfare

Committee

Procedure and Inquiry by the Committee

Powers to commit neglected children to suitable custody

Children Homes, After-care Organisations, Shelter Homes



The Prohibition of Child Marriage Act, 2006


Law of Crimes by Rattan Lal Dhiraj Lal

Indian Penal Code by H.S.Gour

The Juvenile Justice System in India by Ved Kumari

Neglected Children : A Study of Juvenile Justice System by Dr. Pushpinder Kaur Dhillon

62

1

PUNJABI UNIVERSITY, PATIALA

SYLLABUS

BACHELOR OF LAWS PART-IV (NINTH & TENTH SEMESTER)

(FIVE YEARS COURSE)

FOR 2018-19 SESSION

SCHEME OF STUDIES

NINTH SEMESTER

Univ

.

Exa

m

Int.

Exa

m

Max.

Marks

Paper-I Civil Procedure Code and Limitation

Act

74 26 100

Paper-II Alternative Dispute Resolution and

Legal Aid

74 26 100

Paper-III Moot Court Participation and Seminar-I - - 100*

Paper-IV Option: Any one of the following:

a) Criminology, Penology and

Victimology

b) Intellectual Property Law

c) Probation, Parole and Prison

Administration

74 26 100

Paper: V

Option: Any one of the following: a) Private International Law

b) Human Rights Law and Practice

c) Offences against Child and Juvenile

Offence

74 26 100

TENTH SEMESTER

Univ

.

Exa

m

Int.

Exa

m

Max.

Marks

Paper-I Clinical Legal Education and Internship - - 100*

Paper-II Law of Registration, Specific Relief and

Court Fee

74 26 100

Paper-III Option: Any one of the following: a) Law on Infrastructure Development

b) Law of Equity, Trust and Religious

Endowments

c) Forensic Science and Law

74 26 100

Paper-IV Option: Any one of the following: a) Interpretation of Statutes

b) Competition Law

c) White Collar Crime

74 26 100

Paper: V

Option: Any one of the following: a) Local Law b) Co-operative Law

c) Direct Taxation

74 26 100

63

* Paper- : Moot Court Participation and Seminar-I &

Moot Court Participation and Seminar-II are of 100 marks i.e.

Moot Courts (Every Student will give presentation at two

moot court with 30 marks each) = 60 marks


Seminar = 20 marks

--------------

100 marks

-------------

2

GENERAL INSTRUCTIONS FOR THE PAPER

SETTER FOR ALL THE PAPERS


2. The minimum number of marks required to pass each paper shall be 45% in University

Examination and 45% in University Examination and Internal Assessment taken together.

The question paper will consist of three units: I, II and III. Unit I and II will have four questions

from respective units of the syllabus and will carry 11 marks each. Unit III will consist of 10 short-

answer type question, which will cover the entire syllabus uniformly and will carry 30 marks in all

Internal exams marks for each paper are 26 which includes 05 marks of Attendance, 11 marks of

Written Assignment/Project Work etc. and 10 marks for Two Mid- Semester Tests/Internal

Examination.

3

(Ninth Semester)

Paper I : Civil Procedure Code and Limitation Act

Unit - I

Substantive and Procedural Law, Nature of Code of Civil Procedure and its scheme, Meaning of Suit and

its essentials ; jurisdiction of Courts to try suit of a civil nature unless barred ; objections to jurisdiction.

General Conditions of Res Judicata, Matters directly and substantially in issue, Constructive Res

Judicata, Res Judicata and Res Subjudice, Res Judicata and Estoppel, Res Judicata between co-

defendants and co-plaintiffs.

Conclusiveness of Foreign Judgment, its enforcement and execution, Place of suing, Representative suit,

Split of cause of action and Res Judicata.

Issue and service of Summons to defendants, summons to witnesses, dismissal of suit for default,

Exparte proceedings, setting aside exparte decree, difference between Decree and Order.

Suit by or against Government or Public Officer, Interpleader Suit, Suit by an Indigent person, Special

case, suit relating to public nuisance and public charities, abatement and its effect ; suit by or against

minors and persons of unsound mind, compromise by next friend or guardian.

Nature of right of appeal, difference between appeal, reference and Review

Concept of Execution, Who may apply for execution and against whom execution may be sought;

Definition of court which passed a decree, transfer of decree for execution (Section 36-42 & Order XXI)

Precept (Section 46) ; Scope of Section 47 ; Execution against transferees and legal representatives

(Sections 49-50) ; Stay of execution (Order XXI, rules 26-29)

Unit – II

64

Modes of execution (Sections 51-54) ; Arrest and Detention (Sections 55-59, Order XXI, rules 37-40)

Attachment of Property in execution of a decree; non-attachment property; transfer of property and

attachment (Sections 60-64); Objections to attachment (Order XXI, rules 58-59)

General procedure for sale of attached property (Order XXI rules 64-69); who cannot bid at sale (Order

XXI rules 72, 72A, 73); Sale and resale of immovable property in execution (order XXI, rules 82-87)

Setting aside and confirmation of execution of sale (Order XXI 89-94); Rateable distribution of Assets

(Section-73); Resistance to delivery possession in execution and remedies (Section 74, order XXI, rules

97-106)

The Limitation Act

Definitions

Limitation of Suits, Appeal and Applications

Computation of Period of Limitation

Acquisition of Ownership by Possession

Suggested Readings

Mulla : Code of Civil Procedure

A.N. Saha : Code of Civil Procedure

Mitra : Law of Limitations

Avtar Singh : Limitation Act

Justice P.S. Narayana : Code of Civil Procedure (2nd Edn.)

4

Paper - II : Alternative Disputes Resolution & Legal Aid

Unit-I


- Definitions

- Form of Arbitration Agreement

- Constituents of Arbitration Agreement

- Composition of Arbitral Tribunal

- Removal of arbitrator

- Termination of Mandate and substitution of Arbitration

- Setting aside of arbitral award

- Enforcement of award


- Scope of Conciliation

- Appointment of Conciliators

- Role of Concilator

- Settlement agreement

- Status and effect of settlement agreement

- Confidentiality

- Termination of Conciliation proceedings

- Resort to arbitral or Judicial proceedings

- Difference between Conciliation and Mediation

- Distinction between Meditation and Arbitration

Unit-II

Alternative Means of Settlement of Disputes

- Merits of ADR

- Demerits of ADR

- Negotiation

65

- Essential Ingredients of Negotiation

- Sources of Negotiation

- Kinds of approaches to negotiation

- Obstructions to Negotiation

- Lok- Adalats & Legal Aid

- Concept of Lok-Adalat

- Establishment of Lok-Adalats

- Jurisdiction of Lok-Adalats

- Powers of the Lok-Adalats

- Award of the Lok-Adalats

- Legal Aid under Constitution of India, 1950

- Free Legal Services under the Legal Services Authorities Act, 1987

5

Books Recommended:

Dr. Avtar Singh, Law of Arbitration & Conciliation

S.C. Tripathi, Arbitration and Conciliation Act, 1996

Dr. N.V. Paranjape, Arbitration & Alternative Dispute Resolution

Dr. S.S. Mishra, Law of Arbitration & Conciliation in India

N.V. Paranjape, Public Interest Litigation, Legal Aid & Services, Lok Adalats & Para-Legal Services

S.S. Mishra, Legal Services, Public Interest Litigation and Para-Legal Services

- The Arbitration & Conciliation Act, 1996 (Bare Act)

- The Legal Services Authorities Act, 1987 (Bare Act)

Dr. Anupam Kulwal, An Introduction to ADR - A text book for Indian Law Students, Centre Law

Publication (2011).

6

Paper-III : Moot-Court Exercise and Internship

* Paper- : Moot Court Participation and Seminar-I & Moot Court Participation and Seminar-II

are of 100 marks i.e.

Moot Courts (Every Student will give presentation at two

moot court with 30 marks each) = 60 marks


Seminar = 20 marks

--------------

100 marks

-------------



7

66


Paper-IV Option (a) : Criminology, Penology & Victimology

Unit-I

Meaning, Nature, Scope and Objectives of Criminology, its relationship with criminal law and

other social sciences.

Schools of Criminology: Pre-classical school, Classical School, Neo-Classical School, Positive

School, Clinical School, Sociological School

Crime Causation: Physiological, Physiological and Sociological, Economic, Mental, Family and

Mass Media

Penology: Meaning, Definition and Scope

Concept and Necessity of Punishment

Theories of Punishment: Retributive theory, Deterrent theory, Preventive and Reformative theory

Capital Punishment - constitutionality of capital punishment, judicial approach towards death

penalty.

Unit-II

Meaning & Scope of Victimology

Types of Victims of Crime

Rights of the Victims of Crime

Provisions regarding Compensation to the Victims of Crime under Code ofCriminal Procedure

and Indian Penal Code

Compensation under Probation of Offences Act.

Compensation to Victim under Motor Vehicle Act

Common Law regarding Compensation in Tort and Civil Law

Judicial trends in Compensatory Jurisprudence

Recommendations of Justice Malimath Committee with respect to compensation to victims of

Crime.

Suggested Readings

1. Sutherland E. & Cressy : Principles of Criminology

2. Siddique, A. : Criminology : Problems & Perspectives

3. Paranjape, N.V. : Criminology and Penology

4. Sirohi, J.P.S. : Criminology & Penology

8

Paper - IV Option (b) : Intellectual Property Law

Unit-I

Concept and Nature of Intellectual Property :-

Meaning, main forms of Intellectual Property

System of Intellectual Property Rights, Competing rationale of the legal regimes for the protection of

rights in Intellectual Property

Forms of Industrial property, Protection for Investigations ; Patents, Inventor's certificates, utility

models ; criteria for patenting, rational behind grant of patents.

Leading International Instruments concerning Intellectual Property Rights

The Paris Convention for the Protection of Industrial Property: Its establishment, concept of Paris

Union, Minimum Standards of Patent Protection under the Convention; Initiatives towards revision of

the Paris Convention

67

The World Intellectual Property Organisation (WIPO)

Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) : Its aim, provisions on

patents and their incompatability with the Indian Patents Act, 1970

Unit-II

Select Aspects of the Law of Patents in India :-

Concept of Patent, object of patent grant system, International character of patents, historical overview

of the patents law in India.

Salient features of the Patents act

Patentable and non-patentable Inventions

Duration of the Patent Grant

Law of Patents in India :-

Process of obtaining a patent, powers of controller of patents

Grounds of opposition to grant of patent

Rights and obligations of a patentee

Compulsory licences, licences of right and Revocation of Patents Infringement of Patents and Reliefs.

Suggested Readings

1. Anderfelt, UIF : International Patent Legislation & Developing

Countries

2. Carnish W.R. : Intellectual Property

3. Sangal, P.S. & Kishore : Indian Patent System and Paris Convention :

Legal Perspectives

4. Naranyanan, P. : Intellectual Property Law

5. Narayanan, P. : Patent Law

6. Georgious I Zekos : Intellectual Property Rights & Cyber Space.

9

Paper - IV Option (c) : Probation, Parole and Prison Administration

UNIT-I

Origin and Growth of Prisons

Classification of Prisons

Classification of Prisoners

Jail Administration

Emerging Principles of correctional justice

Correctional Institutions

Educational Programmes

Vocational Programmes. Welfare of Prison Personnel

UNIT-II

Modernization of prisons in the light of the Constitutional right of the prisoners

Protection of inmates from criminal cultures

Living conditions of prisons compatible with human dignity

Treatment Programme in Prisons

Treatment of Prisoners-Non Custodials.

Probation

Parole

After-care

68

Public Participation in Prevention of Crime

Role of Welfare Agencies in Crime Prevention

SUGGESTED READINGS

1. Howard Jones : Paul Cornes’s Open Prisons

2. Louis P. Carney : Introduction to correctional Science,

2nd Ed.

3. Carter and Wilkins : Probation, Parole and Community

4. Relevant Provision of the following Acts/Rules

Prisoners Act, 1900

Prisoners Act, 1984

Bostal Act, 1926

Punjab Jain Manual



The Punjab (Good Conduct Prisoners Probational Temporary Release) Act, 1962

The Punjab (Good Conduct Prisoners Probational Temporary Release) Act, 1962

Probation of Offences Act, 1958

Punjab Probation of Offenders Rules, 1962

Model Probation of Offenders Rules

10


Paper - V Option (a) : Private International Law

Unit-I

Definition, Nature and Scope of Private International Law, Difference between Public International Law

and Private International Law.

Evolution of Indian Private International Law, Theories of Private International Law.

Characterization

Renvoi

Application and Exclusion of Foreign Law

Domicile : Meaning, Domicile of Origin and Domicile of Choice, Domicile of Dependents, Married

Women, Minor Children, Commercial Domicile.

Jurusdiction of Courts.

Unit-II

Recognition of Foreign Judgements, Enforcement of Foreign Arbitral Awards

Law of Contract : Proper Law of Contract, Formation of Contract, Capacity to Contract, Formal and

Material Validity, Discharge of Contract, Jurisdiction and Choice of Law in E-contracts

Marriage - Concept of Marriage, Validity of Marriage

Matrimonial Causes : Jurisdiction of Courts, Choice of Law, Recognition of Foreign Divorces,

Recognition of Foreign Nullity Decrees, Recognition of Foreign Decrees of Judicial Separation.

Ancillary Reliefs : Jurisdiction of Courts, Choice of Law, Enforcement of Foreign Maintenance Orders

Legitimacy and Legitimation

Adoption

Guardianship and Custody of Minor Children - Jurisdiction, Choice of Law.

69

Recognition and Enforcement of Foreign Guardianship and Custody Orders.

Suggested Readings

P.M. North : Cheshire and North Private International Law

Paras Diwan : Private International Law

Indian and English

Paper-V - Option (b) -Human Rights Law and Practice

Unit - I

Genesis of Human Rights in India

- Meaning

- Evolution of the concept of Human Rights in India

- Object and Salient features of:-

* Universal Declaration of Human Rights (1948)

* International Covenant on Civil and Political Rights (1966)

* International Covenant on Social, Cultural and

Economic Rights (1966)

Human Rights and Constitutional Legal Framework

- Protection of Human Rights Mechanism

- Human Rights in Ancient India, Islamic and British Era.

- Object and Salient features of Protection of Human Rights Act, 1994

- Composition of National Human Rights Commission and State Human Rights

Commission

- Powers and functions of National Human Rights Commission and State Human Rights

Commission.

- Role of Judiciary in Protection of Human Rights.

Unit - II

Human Rights of Marginalized Section of Society

- Human Rights of Women

- Rights of aged and differently abled persons

- Human Rights of prisoners

- Human Rights and child

- Human Rights against exploitation

- Human Rights of Scheduled Castes, Scheduled Tribes and Backward

Classes/S.Ts/S.Cs

Human Rights and personal Liberty

- Right to free Legal aid

- Right to speedy trial

- Right against handcuffing

- Search and seizure

- Torture in Police Custody

- Custodial deaths

70

- Police fake encounter

Suggested Readings

1. P.L.Mehta :- Human Rights under the Indian Constitution

2. S.K.Kapoor :- International Law and Human Rights

3. V.K. Anand :- Human Rights

4. Darren JO Byrn :- Human Rights An Introduction

5. Dr. S.K. Sharma :- Human Rights in the World Today

6. Pandit Kamalakar :- Human Rights and Criminal Justice.

7. D.D. Basu Human Rights in Constitutional Law

Protection of Human Rights Act, 1994.

12

Paper-V - Option (c) -Offences against Children and Juvenile Offence

Unit I

Offences against Children Under I.P.C.

The Causing of Miscarriage and of injuries to Unborn Child.

Kidnapping

Trafficking in Children

Sexual Offences:

- Prostitution

- Rape

- Sodomy

- Pornography

Offences against Children under Labour Laws and Prohibation of Child Marriage Act.

Prohibition of employment of Children

Working Hours for Children

Economic Exploitation and Abuse of Children

Child Marriage

Unit II

Protection of Child from Sexual Harassment Act, 2013

- Preventive Sexual Assault and Aggravated Penetrative Sexual Assault (3 to 6)

- Sexual Assault and Aggravated Sexual Assault (7 to 10)

- Sexual Harassment (11, 12)

- Using Child for Pornographic Purpose (13 to 15)

- Abetment and Attempt to commit an offence (16 to 18)

- Procedure for Reporting Case (19 to 23)

- Procedure for recording Statement (24 to 27)

- Special Courts and Procedure and Powers of Special Courts (28 to 38)

The Juvenile Justice (Care and Protection of Children) Act, 2015.

- General Principles of Care and Protection of children

- Juvenile Justice Board: Procedure, Powers and functions

- Procedure in relation to children in conflict with law.

- Children’s Court and its Powers.

- Child welfare committee: Procedure, Powers and functions.

- Procedure in relation to children in need of Care and Protection.

- Rehabilitation and Social Re-Integration.

- Offences against Children.


71


The Prohibition of Child Marriage Act, 2006


Law of Crimes by Rattan Lal Dhiraj Lal

Indian Penal Code by H.S.Gour

The Juvenile Justice System in India by Ved Kumari

Neglected Children : A Study of Juvenile Justice System by Dr. Pushpinder Kaur Dhillon

72

13

B.A. LL.B. Five Year Course

Tenth Semester

Paper I:- Clinical Legal Education and Internship

This paper consists entirely of Practical Work in which each student is to participate in two Moot

Courts apart from Project Report and Court visits. For this paper, the students would be evaluated by

internal teachers.

However, on these students would be given assignments / attending Lok Adalats organised by the

District Courts as well as would be encouraged to undertake various Legal Aid Campus.







Total 100 Marks

(The students will maintain a record and enter the various steps observed during

their attendance on different days in the Court assignment).

14

Paper II:- Law of Registration, Specific Relief and Court fees

Unit-I

The Registration Establishment

Registrable Documents

Time of Presentation

Place of Registration

Presenting Documents for Registration

Enforcing, Appearance of Executants and Witnesses

Presenting, Deposit of Wills and Authorities to Adopt

Effects of Registration and Non-Registration

Duties and Powers of Registering Officers

Unit-II

Recovering Posession of Property

Specific Performance of Contracts

Rectification of Instruments

Rescission of Contracts

Cancellation of Instruments

Declaratory Decrees

Fees in the High Courts and in the Courts of small causes at the presidency towns

Fees in other Courts and in public offices

Probates, Letters of administration and certificates of administration Process fees

Mode of levying fees

Suggested Readings

73

J.P. Sirohi : Indian Registration Act

Aquil Ahmad : Specific Relief Act

R.K. Bangia : Law of Registration

R.K. Bangia : Specific Relief

Indian Registration Act, 1908 (Bare Act)

Specific Relief Act, 1963 (Bare Act)

The Court fees Act, 1870 (Bare Act)

15


Paper III- Option (a) – Law on Infrastructure Development

UNIT-I

The Electricity Act, 2003

Definitions

National Electricity Policy and Plan

Generation, Transmission and Distribution of Electricity

Licensing and Tariff

Central Electricity Authority and Regulatory Commissions

Offences and Penalties

The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement

Act, 2013

Determination of Social Impact and Public Purpose

Special Provision to Safeguard Food Security

Rehabilitation and Resettlement Award

Procedure and Manner of Rehabilitation and Resettlement

National Monitoring Committee for Rehabilitation and Resettlement

Establishment of Land Acquisition, Rehabilitation and Resettlement Authority

Apportionment of Compensation

Temporary occupation of Land


UNIT-II

The Special Economic Zones Act, 2005

Definitions

Establishment of Special Economic Zone

Constitution of Board of Approval

Development Commissioner

Single Window Clearance

Special Fiscal Provisions for Special Economic Zones

Special Economic Zone Authority

Legal framework of specific infrastructure sector :-

1. Telecom

2. Roads and National Highways

3. Water

4. Airports

74

16

Paper III- Option (b) -Law of Equity, Trust and Religious Endowments

Unit I

Concept and definition of Equity

- Historical Background

- Definition, nature and scope of equity

- Equity as a branch of law

- Equity under the Indian Legal System

Classification of Equity Jurisdiction.

- Exclusive Jurisdiction

- Concurrent Jurisdiction

- Auxilliary Jurisdiction

Nature of Equitable Rights and Interests

- Evolution of Equitable Interests

- Difference between Legal and Equitable Estate " Choose in Action and" Choose in Possession"

Maxims of Equity.

- Equity will not suffer a wrong to be without a remedy

- Equity follows the Law

- He who seeks Equity must do Equity

- He who comes to Equity must come with clean hands

- Delay defeats equities

- Equality is Equity

- Equity looks to the Intent rather to the Form

- Equity looks on that as done which ought to have been done

- Equity imputes an intention to fulfil an obligation

- Equity acts in personam

- Where the Equities are equal, the first in time shall prevail

- Where there is equal Equity, the Law shall prevail

Unit II

General View of Trust

- Introduction, Origin, Development and definition of Trust.

- Creation of Trust

- Rights and Power, duties and Liability of Trustees

- Disabilities of the Trustees

- Rights and Liabilities of the beneficiary

Religious Endowments

- Definition and nature of religious endowments

Essentials of Valid Endowments

Object and Scope of Religious Endowment

Maths

- Shebaitship,

- Power and duties of shebait.

Wakf

- Definition

- Object of Wakf

- Essentials of Wakf


75

Equity by Hanbury

Trust and Trustees : Cases and Materials, R.H.Maudsley and E.H.Burn

Aqil Ahmad , Equity Trust and Fiduciary Relations

The Indian Trust Act, 1982

The Religious Endowments Act, 1863

The Wakf Act, 1995

Paper III (c) : Forensic Science and Law

Unit-I

Definition, Objects and Scope of Forensic Science

Relationship between Law and Forensic Science

Role of Forensic Science in administration of justice

Forensic Science set up in India

- Central forensic science laboratories

- Forensic Science Laboratories

- National Institute of Criminology and Forensic Science

- Central Detective Training School

- Finger Print Bureau

- National Crime Records Bureau

Types of Evidence

- Physical Evidence

- Chemical Evidence

- Biological Evidence

Meaning of Expert Evidence

Presentation of Expert Evidence

Admissibility of Expert Evidence

Crime Scene and Lab Investigation

Unit-II

Concept, History, Advantages, Limitations and Legal admissibility of Techniques of Investigation

- Finger Printing

- Brain Mapping

- Lie detector/ Poly graph

- Voice Identification

- Narco analysis

- DNA Finger Printing

Cyber Crimes

Computer Fraud and abuse

Software piracy, Hacking, Computer viruses, Computer security

Internet, Use of Biometric methods for personal identification

Information Technology Act, 2000


Suggested Readings

Modi's Medical Jurisprudence & Toxicology

76

Parekh's Medical Jurisprudence & Toxicology

Nanda, B.B. & Tewari R.K. : Forensic Science in India : A Vision for the

Twenty first Century

Sharma, B.R. : Forensic Science in Criminal Investigation and

Trials

Anil K. Jain : Biometrics Personal Identification in Neworked

Society

Nickolas : Scientific Criminal Investigation

James, S.H. ad Norby JJ : Forensic Science : An Introduction to Scientific

and Investigative Techniques

Indian Evidence Act, 1872

Information Technology Act, 2000.

19


Paper IV Option (a) : Interpretation of Statutes

Unit-I

Meaning of Statute

Commencement of Statute

Operation of Statute

Repeal of Statute and its effect

Revival of Statute

Consolidating, Codifying and Amending Statutes

Primary or literal rule of interpretation

Mischief rule of interpretation

Golden rule of interpretation

Restrictive rule of interpretation

Beneficial rule of interpretation

Harmonious rule of interpretation

Unit-II

Internal aids of construction

External aids of construction

Contemporanea expositio

Expressio unius exclusio alterious

Ejusdem generis rule

Pari Materia

Mens rea

Bonam Partem

Stare decisis

Suggested Readings

1. Maxwell : Interpretation of Statutes

2. V.P. Sarathi : Interpretation of Statutes

3. G.P. Singh : Principles of Statutory Interpretation

4. Jagdish Swarup : Legislation and Interpretation

20

Paper IV - Option (b) - Competition Law

77

Unit - I

Historical Development :

Evolution of Doctrine of Restraint of Trade : Vadic Era

Restraint of Trade under Indian Contract Act.

Aim Objective and Salient Feature of Monopolies and Restrictive Trade Practices Act, 1969

Enforcement Machinery

MRTPC- Powers and Functions

Registrar of Restrictive Trade Agreement

Director Gaineral of Investigation - Powers and Functions.

Complaint or Reference to the Commission

Appellate Jurisdiction

Restrictive Trade Practices and Role of Commission

Territorial Restriction

Tie-up Arrangement and Full time forcing

Exclusive Dealings

Restriction on Dealing

Restriction of Manufacturing classes of Technical Know how

Predatory Pricing

Price Discrimination

Price Fixing in Concert

Collective Boycott

Cullusive Tendering and Bidding

Resale Price Maintenance

Monopolistic Trade Practices and Role of Commission

Unit – II

Definitions

Anti-competitive Agreement

Abuse of Dominant Position

Combination

Composition of Competition Commission of India

Aims, Objects and Salient feature of C.C.I.

Duties

Functions and Procedure for Investigation

Inquiry into certain agreement and dominant position

Inquiry into combination

Reference by commission

Acts taking Place outside India but having an effect on competition in India.

Powers to pass nature of order

Powers to Issue Interim orders

To impose Penalty and award compensation.

Appointment of Director General etc. : its Duties powers and Functions

Composition of Competition Appellate Tribunal

Procedure and Powers for Appellate Tribunal

Award Compensation

Power to Punish for Contempt

Execution of Orders

Powers of Central Government : to Issue Directions

To Supersede Commission, Removal and Suspension, Power to Exempt

Appeal to the Supreme Court

78

21

Suggested Reading :

1. Report of the Monopolies Inquries Commission, Government of India, 1965 (known Dr. Hazari

Report)

2. Sachar Committee Report, High Powered Committee Report on MRTP & Company, 1980

3. High Level Committee on competition Policy and Law Government of India 2002.

4. Dr. R.K.Singh, Restrictive Trade Practice and Public Interest Mittal Publication, New Delhi,

1989.

5. Bare Acts with Shorts Notes

6. S.M. Dugar's MRTP Law, Competition Law and Consumer Protection 4th ed 2009

2 Vols.

Paper IV Option (c) - White Collar Crimes

Unit-I

Emergence of White-Collar Crimes

Concept and Nature of White-Collar Crimes

Suther lands, view on white-collar crimes and it's analysis.

Causes of White-Collar Crimes

Distinguish between White-Collar Crimes and Blue-Collar Crimes

Implications of White-Collar Crimes

Courts and White Collar Crime in India.

Unit-II

White Collar Crimes in India

Hoarding, Black Marketing and Adulteration;

White Collar Crimes in certain Professions - Medical Profession, Legal profession, Educational

Institutions, Engineering.

White Collar Crimes in business deals.

Fake Employment Placement Rockets

Remedial Measures.

Prevention of Corruption Act, 1988 -

Objects and Reasons of the Act,

Definitions - Public duty, Public Servant

Power to appoint special judges, cases triable by special judges, Procedure and Powers of special

judges.

Offences and Penalties - Public Servant taking gratification other than legal remuneration in respect of

an official Act, Criminal misconduct by a Public Servant.


Mahesh Chandra : Socio- Economic Crimes

Marshal B. Clinard : Crime in Developing Countries

N.V. Pranjape : Criminology and Penology

Prevention of Corruption Act, 1988

47th Report of Law Commission of India

Trial and Punishment of Socio-Economic Offences.

Annual Report Criminal Law Review.

79

23


Paper V (a) : Local Self Government and Panchyat Administration

Unit-I

Evolution of Panchyat Raj System in India- A Historical Perspective, Nature, Scope and Spirit of Art 40

of the Constitution, Salient Features of the 73rd Amendment (Act 1976), Aim and Objects of the Grass

Root Level Democracy, Structure of Panchyat Raj Institutions including Gram Sabhs and Gram

Panchyat at various Bodies.

Powers, Functions and Duties of the various Panchyat Raj Institution, Tax Collection, Welfare Activities,

Judicial Functions of Gram Panchyat, Propert, Finance and Accounts of Gram Panchyats, Government

and Judicial Control over Panchyat Raj Institution, Role of Gram Panchyat in strengthening the poor and

women welfare system.

Unit-II

Objects and implications of the 74th amendment of the constitution, Punjab Municipal Act, 1911-

Definition, Constitution of Committee, Election of President, Vice-President, Meetings of various

bodies, Privileges and Liabilities

Powers Functions and duties of Municipalities, Municipal Funds and Property, By-Laws, Power of

Entry and Inspection, Notice and Consequences of non-compliance, Appeals from orders, Offences and

Prsecution, Role of Judiciary.

Suggested Readings

The Bare Act of the Punjab Panchayati Raj Act, 1994

The Bare Act of the Punjab Municipal Act, 1911

The Constitution (Seventy-third Amendment) Act, 1992

The Constitution (Seventy-fourth Amendment) Act, 1992

Report of Balwant Raj Mehta Committee

Report of Ashok Mehta Committee

Report Law Commission of India One Hundred Fourteenth

80

24

Paper V - Option (b) - Co-operative Law and Agriculture Insurance

Unit - I

Cooperative Movement in India

The Punjab Co-operative Societies Act, 1961

Preliminary (Ss. 1-2)

Registration of Co-operative Societies (Ss. 3-14)

Member of Co-operative Societies and their Rights and Liabilities (Ss. 15-22)

Management of Co-operative Societies (Ss. 23-29)

Privileges of Co-operative Societies (Ss. 30-40)

Properties and Funds of Co-operative Societies (Ss. 41-47)

Unit - II

Audit, Inquiry, Inspections and Surcharge (Ss. 48-54)

Settlement of Dispute (Ss. 55-56)

Winding up of Co-operative Societies (Ss. 57-61)

Appeal and Revisions (Ss. 68-70)

Co-operative Banks (Ss. 70-A)

Offences and Penalties (Ss. 71-86)

Aim, Objectives and Salient features of Agricultural Insurance Schemes.


1. The Punjab Cooperative Societies Act, 1961

2. Jagdish Arora : The Punjab Cooperative Socieities Act, 1961 with rule

Ministry of Information : India Year Book & Broadcasting, India

25

81

Paper-V - Option (c) - Direct Taxation

Unit-I

Definitions - Income, Total income, Assessee, Person, Assessment year, Previous year, Capital Asset.

Charge of Income Tax (Section 4)

Incidence of Tax (Section 5)

Residential Status of an Assessee (Section 6)

Incomes received or deemed to be received in India (Section 7)

Income deemed to accure or arise in India

Agricultural income and its tax treatment.

Heads of Income (Section 14)

Income under the Head "Salaries" (Section 15-17)

Income under the Head "Income from House Property" (Section 22-27)

Income under the Head "Capital Gains" (Sections 45(1), 54 54B, 54D, 54EC, 54 ED, 54F, 54G, 54GA)

Income under the Head "Income from other sources" (Section 56-59)

Deductions to be made in computing total income (Section 80A-80GGC)

Rebates and Reliefs of Income Tax (Section 87-89)

Penalties and Prosecutions (Section 270-280)

Unit-II

Income of other Persons included in Assessee's Total income (Section 60-65)

Set off and Carry forward and set off of Losses (Section 70-80)

Income Tax Authorities and their powers (Sections 116, 131-36)

Return of Income (Section 139(1) & Section 140), Return of Loss (Section 139(3)), Belated Return

(Section 139(4)), Revised Return (Section 139(5))

Permanent Account Number (Section 139(A))

Self Assessment (Section 140A)

Inquiry before Assessment (Section 142)

Summary Assessment (Section 143)

Best Judgement Assessment (Section 144-145)

Income Escaping Assessment (Section 147-148)

Advance Payment of Tax (Section 207-11, 217 & 219)

Refunds (Section 237-241)

Salient features of Central Goods and Services Tax Act, 2017

Suggested Books :

1. Vinod K. Singhania : Direct Tax Law and Practice

2. V.P. Gour and D.B. Narang : Income Tax Law and Practice

3. Mahesh Chandra and : Income Tax Law and Practice

S.P. Goyal

4. Narula : Taxation Law

5. The Central Goods and Services Tax Act, 2017

SYLLABUS BACHELOR OF LAW PART-I (5 YEAR COURSE) (FIRST … .pdf · 2018-07-30 · Wagering...

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Transcript of SYLLABUS BACHELOR OF LAW PART-I (5 YEAR COURSE) (FIRST … .pdf · 2018-07-30 · Wagering...