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Syllabus.(FULL)--3yr.LL.B.CBCS--2020-22.onwards

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THE UNIVERSITY OF BURDWAN
3yrs LL.B. (Hons.) Course
(w.e.f. Academic Session 2020-2022 onwards)
3yrs LL.B. (Hons.) SYLLABUS (CBCS)
Credit Structure (Non Clinical papers)
P
T
Total
ESC
IA
Total
1
1
5
80
20
100
L
3
Credit Structure (Clinical papers)
Paper Code
3.6.6
3.6.3
3.6.4
3.6.5
L
1
1
3
1
P
3
3
1
3
T
0
0
0
0
ESE
0
0
60
0
IA/ Viva Voce/ Practical
30+30+30+10
45+45+10
20+20
80+20
Total
100
100
100
100
Question pattern
Non Clinical
i) 20 marks internal ( to be decided and evaluated by the subject teacher)
ii) 80 marks external (hours: 3 hrs)
Q.1. Compulsory (2x5) 10 marks (5 questions of 2 marks each)
Q.2. 3 questions out of 4 (3x10) = 30 marks
Q.3. 2 questions out of 4 (2x20) = 40 marks
Clinical
Paper: 3.6.4
i) 20 marks internal ( to be decided and evaluated by the subject teacher based on the report submitted)
20 marks viva voce
ii) 60 marks external (hours: 2.5hrs)
Q.1. Compulsory (2x5) 10 marks (5 questions of 2 marks each) (From Part A of the syllabus )
Q.2. 3 questions out of 4 (3x10) = 30 marks (From Part A of the syllabus )
Q.3. 1 questions out of 2 (1x20) = 20 marks (From Part B of the syllabus )
Papers 3.6.3, 3.6.5, 3.6.6 will be evaluated based on practical submissions and through viva voce.
1
Syllabus Structure
3 Year LL.B (Hons.) CBCS
SEMESTER –1
LCC
3.1.1
3.1.2
3.1.3
3.1.4
LOC
3.1.5
COMPULSORY COURSE
80+20
80+20
80+20
80+20
Constitutional Law – I
Law of Tort including MV Accident and Consumer Protection Laws
Law of Contract
Family Law –I
OPTIONAL SUBJECT
80 +20
Right to Information
SEMESTER –2
LCC
3.2.1
3.2.2
3.2.3
3.2.4
LHC
3.2.5
LOC
3.2.6
COMPULSORY COURSE
80+20
80+20
80+20
80+20
Constitutional Law –II
Special Contract
Family Law –II
Law of Crimes –I
HONS SUBJECT
80+20
Human Rights Law and Practice
OPTIONAL SUBJECT
80+20
Private International Law
SEMESTER –3
LCC
3.3.1
3.3.2
3.3.3
3.3.4
LHC
3.3.5
3.3.6
LOC
3.3.7
COMPULSORY COURSE
80+20
80+20
80+20
80+20
Jurisprudence
Law of Crimes II
Property Law
Law of Evidence
HONS SUBJECTS
80+20
80+20
Banking Law
Insurance Law
OPTIONAL SUBJECT
80+20
Corporate Governance Law
2
SEMESTER –4
LCC
3.4.1
3.4.2
3.4.3
3.4.4
LHC
3.4.5
3.4.6
LOC
3.4.7
COMPULSORY COURSE
80+20
80+20
80+20
80+20
Administrative Law
Company Law
Labour Law I
Alternative Dispute Resolution & Legal Aid (Theory)
HONS SUBJECTS
80+20
80+20
Competition Law
Information Technology Law
OPTIONAL SUBJECTS
80+20
Offences Against Child & Juvenile Offences
SEMESTER –5
LCC
3.5.1
3.5.2
3.5.3
3.5.4
LHC
3.5.5
3.5.6
LOC
3.5.7
COMPULSORY COURSE
80+20
80+20
80+20
80+20
Labour Law II
Environmental Law
Law of Taxation
Code of Civil Procedure and Limitation Law
HONS SUBJECTS
80+20
80+20
Patent Right Creation & Registration
Law of Copyright
OPTIONAL SUBJECTS
80+20
Public International Law
SEMESTER –6
LHC
3.6.1
LOC
3.6.2
LCC
3.6.3
HONS SUBJECTS
80+20
Penology and Victimology
OPTIONAL SUBJECTS
80+20
Interpretation of Statutes
CLINICAL SUBJECTS
100
Drafting, Pleading and Conveyance
3
Outline of the course:
(a) Drafting :- General principles of drafting and relevant substantive rules shall be taught
(b) Pleadings:i)
Civil: Plaint, Written Statement, Interlocutory Application, Original Petition, Affidavit, Execution
Petition, Memorandum of Appeal and Revision, Petition under Article 226 and 32 of the Constitution of
India.
ii)
Criminal: Complaint, Criminal Miscellaneous petition, Bail Application, Memorandum of Appeal
and Revision.
iii)
Conveyance: Sale Deed, Mortgage Deed, Lease Deed, Gift Deed, Promissory Note, Power of
Attorney, Will, Trust Deed
iv)
Drafting of Writ Petition and PIL petition.
The course will be taught class instructions and simulation exercises, preferably with assistance of
practicing lawyers/ retired judges.
Apart from teaching the relevant provisions of law, the course may include not less than 15 practical
exercises in drafting carrying a total of 45 marks ( 3 marks for each) and 15 exercises in conveyanceing
carrying another 45 marks ( 3 marks for each exercise) remaining 10 marks will be given for viva voice.
3.6.4
Professional Ethics & Professional Accounting system
Group A: The Advocates Act, 1961 (40)
Group B: Accountancy for Lawyers (20)
Group C: 20 + 20 marks
Viva Voce and submission of a report on The Advocates Act, 1961
60+40
3.6.5
100
Alternative Dispute Resolution
Outline of the course:
I) Arbitration Law and practice including International Arbitration and Arbitration Rules
II) Negotiation skills to be learnt with simulated programme
III) Conciliation and mediation skills
IV)Legal Aid outreach programme and report submission.
The course is required to be conducted by senior legal practitioners and subject experts through
simulation and case studies. Evaluation may be completely based on practical exercise and viva voce (80
+ 20 respectively). Seminars, Workshops, Practical training may be conducted.
3.6.6
Moot Court Exercise and Internship
100
This paper may have three components of 30 marks each and a viva for 10 marks.
a)
Moot court (30 marks): Every student may be required to do at least three moot court assignments.
They will be evaluated for written submission (15) and oral advocacy (15).
b)
Observance of trial in two cases, one civil and one criminal (30 marks):
Students may be required to attain two trials in the course of the last two or three years of LLB studies.
They will maintain a record and various steps observed during their attendance on different days in the
court assignments. This scheme will carry 30 marks.
c)
Interviewing techniques and Pre-trial Preparations and Internship Diary (30 marks): Each student
will observe two interviewing sessions of clients at the lawyers office/legal aid office and record the
proceedings in a diary which will carry 15 marks. Each student will further observe the preparations of
documents and court papers by the advocate and the procedure for the feeling of the suit / petition. This
4
will be recorded in the diary which will carry 15 marks.
The fourth component of this paper will be viva voce examination on all the above three aspects. This
will carry 10 marks.
5
SEMESTER – I
CONSTITUTIONAL LAW - I
Paper – LCC 3.1.1
Total Marks – 80
Unit-I: Historical Background; Nature of constitution, Constitution,
Constitutional law, Salient Features of the Indian Constitution; Preamble.
Unit-II: Formation, State (Art. 2, 3, 4), Citizenship (Art. 5, 6, 7, 8, 9, 10, 11 of
Citizenship Act)
Unit-III: State (Art. 12), Pre-constitutional & Post Constitutional operation (Art.
13), Right to Equality (Art. 14 to Art. 18)
Unit-IV: Right to Freedom (Art. 19-22), Right against Exploitation (Art. 23-24),
Right to Freedom of Religion (Art. 25-28), Cultural & Minorities Rights (Art.
29-30)
Unit-V: Constitutional Remedies (Act. 32) Judicial Review, Amendment
Unit-VI: Emergency provisions, Services under the State, State liability,
Amendment
Unit-VII: Directive Principles of State Policy ; Relation between D.P.S.P & F.Rts,
Difference between DPSP & F.Rts, Fundamental Duties, Parliamentary Govt,
Legislative privileges, Council of Ministers, President of India, Governor
Unit-VIII: 226 and 227, Judges - appointments, conditions of service etc.
Advisory jurisdiction of Supreme Court, Public Interest Litigation
Books Recommended :
1.
J. N. Pandey
2.
M.P. Singh
3.
H.M. Seervai
4.
V.N. Shukla
5.
M.P. Jain
Constitutional Law of India
6
LAW OF TORT INCLUDING MV AND CP LAWS
Paper – LCC 3.1.2
Total Marks – 80
Unit I: Introduction
Nature, definition, scope and goals of Law of Torts; Essential constituents of Tort;
Fault: Damnum sine injuria, Injuria sine damno; Relevance of Malice; Mental
element in Tort; Capacity to sue and be sued for Tort; Liability: Vicarious liability,
State liability of Torts; Remedies; Remoteness of damages
Unit II: (a) Defences
Volenti non fit injuria; Vis Major; Inevitable accident; Private defence; Plaintiff at
fault; Specific Torts; Assault and Battery; False imprisonment; Trespass;
Negligence, contributory negligence; Nuisance - public and private remedies;
Defamation; Strict liability and Absolute liability
Unit III: Consumer Protection laws and The Consumer Protection Act 1986
Purposes of the Act; Definitions; Consumer Redressal Agencies: district, state and
national; Jurisdiction, powers and functions of Consumer Redressal Agencies;
Consumers' rights; Process of filing complaints before Redressal agencies; Relief
under th Act
Unit IV: The Motor Vehicle Act 1988
Preliminary - Sec. 1 and 2; Registration of Motor Vehicles - Sec 39, 43, 50 and 55;
Liabilty without fault in certain cases - Sec. 140, 141 and 142; Insurance of Motor
Vehicles against Third Party Risks - Sec. 163A; Claims Tribunals - Sec. 16, 173 and 175;
Offences, Penalties and Procedures - Sec. 177, 180, 183, 184, 185, 195, 196 and 208
Books Recommended :
1.
Bangia – Law of Torts
2.
Avtar Singh – Law of Carriages
3.
Avtar Singh – Consumer Protection
4.
Ratanlal & Dhirajlal – Law of Torts
5.
Salmond – Law of Torts
6.
Law of Torts – D.Basu
7.
R.H. Bhatt – Consumer & The Land
8.
J.N. Barowala – Commentary of the Consumer Protection Act 1986.
7
LAW OF CONTRACT
Paper – LCC 3.1.3
Total Marks – 80
Unit-I: Fundamental basis of the Law of Contract
Unit-II: Formation of Contract and the Fundamental rules relating to the
agreement with special reference to Indian and English Law, (Sec. 2 to Sec.9 of
the Indian Contract Act, 1872)
Unit-III: Essential conditions of a contract with special reference to Indian and
English Law , (Including chapters on minor, consideration free consent and
vitating factors; void, Illegal agreement, voidable contract etc., with detailed
studies on general and specific rules thereof : (Sec. 10 to Sec.30). Contingent
Contract (Sec. 31- Sec. 36)
Unit-IV: Discharge of Contract (Sec.37 to Sec. 75). The chapter includes
rules of performance, quasi contracts, doctrine of frustration, breach of
contract and remedies thereof, etc.
Unit-V: Specific Relief Act
Books Recommended:
1. Mulla – Indian Contact Act, 1872 (Student’s Edition)
2. Desai – Indian Contract Act, 1872
3. Anson – English Law of Contract
4. Cheshire and Fifoot – Law of Contract
5. Basu – Law of Contract
6. Ponnuswami & Puri – Cases & Materials on Contract
7. Dr Avtar Singh – Introduction to the Law of Contract
8. V.G. Ramchandra – Law of Contract
8
FAMILY LAW – I
Paper – LCC 3.1.4
Total Marks – 80
Unit-I:
Sources of Hindu Law;
Hindu Joint Family System and Copercenary;
General Principles of succession under the Dayabhaga and the Mitakshara
systems
Unit-II:
Women’s property and stridhan;
Distinction between Dayabhaga and the Mitakshara systems and effect of
modern statutes
Unit-III:
Hindu Marriage Act, 1955;
Hindu Succession Act, 1956
Unit-IV:
Hindu Adoption and Maintenance Act, 1956;
Hindu Minority and Guardianship Act, 1956
Unit-V: Special Marriage Act, 1954
Books Recommended :
1.
Mulla – Hindu Law
2.
S.K. Mitter – Hindu Law
3.
Venkatraman – A Treatise on Hindu Law
4.
Derret – Modern Hindu Law
5.
Hindu Marriage Act, 1955
6.
Hindu Succession Act, 1956
7.
Hindu Minority and Guardianship Act, 1956
8.
Hindu Adoptions and Maintenance Act, 1956
9.
Jhabvala – Hindu Law
10. Paras Diwan – Modern Hindu Law
11. S.S.Singh – Unification of Divorce Laws in India
12. Tahir Mohamood – Hindu Law
13. Desai – Hindu Law
9
RIGHT TO INFORMATION
Optional Subject
Optional Paper – LOC 3.1.5
Total Marks – 80
The Right to Information Act, 2005
Books Referred:
1. J.H.Barowalia - Commentary on the right to Information Act, Universal Law
Publications.
2. Information Technology Act, 2000
10
NOTE: This Page, from Sardar Patel University syllabus, is only
for informative purposes—for the possible syllabus for the paper
"Right to Information" at BLC
SARDAR PATEL UNIVERSITY
Programme & Subject: LLB (CBCS)
Semester: I
Syllabus with Effect from: July - 2013
Paper Code: UL01ELLB04
Title Of Paper: Right to Information Act
Unit
I
II
III
IV
Total Credit: 4
Description in Detail
Weightage (%)
Reasons, Aims, Objectives & Applications
Records (Section 2 (i))
25%
Right to Information (Section 2 (j))
Public Authority (Section 2 (h))
Right to Information & Obligation of Public Authorities
(Sections 3-11)
Central Commission (Sections 12-14))
25%
Best Practices – A study of decisions rendered by state commissions and
Central commissions
Power and Penalties, Protection of Action taken in good faith (sections 18-20)
25%
Miscellaneous Provisions (Sections 21-24)
Other Related Laws :
The Official Secrets Act 1923
The Public Records Act 1993
25%
The Freedom of Information Act 2002
The Commission of Inquiry Act 1952
Basic Text & Reference Books:Commentary on the Right to Information Act
Bare Act of Information Technology Act 2000
Bare Act : Right to Information Act 2005
11
J.H. Barowalia
Universal Publishing Co. Pvt. Ltd
SEMESTER – II
CONSTITUTIONAL LAW – II
Paper – LCC 3.2.1
Total Marks – 80
Unit I: Constitutional Organs
(a) Parliament (b) Parliamentary Sovereignty (c) Parliamentary Privileges (d) Anti Defection
Law (e) Collective Responsibility of Parliament
Unit II:
(a) Judiciary – Jurisdiction of Supreme and High Courts (b) Independence of Judiciary (c)
Public Interest Litigation (d) Power of Judicial Review (e) Doctrine of Political Question
Unit III: Relationship between Centre and States
a) Legislative powers; Administrative powers; Financial power
b) Relation between Union and States – Legislative and Administrative relations
c) Doctrine of Territorial Nexus; Doctrine of Harmonious Construction; Doctrine of Pith
and Substance; Doctrine of Repugnancy
Unit IV
a) Emergency Provisions: National, State and Financial
b) Constitutional Amendment; Methods of constitutional amendment
c) Doctrine of The Basic Structure
d) Freedom of Trade, Commerce and Intercourse
e) Services under the Constitution – Doctrine of Pleasure (Art. 310)
f) Protection against arbitrary dismissal, removal or reduction in rank (Art. 311);
Exceptions to Art. 311
g) Administrative Tribunals
Books Recommended :
1)
2)
3)
4)
5)
D.D. Basu, Shorter Constitution of India, 2001 Wadhwa, Nagpur
H.M. Seervai, Constitution of India, Tripathi Bombay
V.N. Shukla, Constitution of India, Eastern Book Co Lko
M.P. Jain, Constitution of India, Wadhwa, Nagpur
B.K. Sharma, Introduction to Constitution of India, Prentice Hall
12
SPECIAL CONTRACT
Paper – LCC 3.2.2
Total Marks – 80
Unit I: Sale of Goods Act, 1930
Unit II: Indian Partnership Act, 1932
Unit IV: Indian Contract Act relating to Specific Contracts,
Indemnity, Guarantee
Unit V: Pledge, Bailment and Agency.
Books Recommended :
1.
2.
3.
4.
5.
6.
Pollock & Mulla – Indian Partnership Act, 1932
M.C. Shukla – Mercantile Law
Desai – Indian Partnership Act, 1932
Kapoor - Mercantile Law
Indian Partnership Act, 1932
Sale of Goods Act, 1930
13
FAMILY LAW – II
Paper – LCC 3.2.3
Total Marks – 80
Unit-I: Concept and Background of Muslim Law
Unit-II: Sources & Schools, Muslim Law as applied and interpreted in
India
Unit-III: Marriage, Dower and maintenance; Dissolutions of Marriage
Unit-IV: Gift, Wills, Waqf and Administration of Estate
Unit-VI: Pre-emption and Inheritance.
Books Recommended :
1.
Abdur Rahim, Principle of Islamic Jurisprudence (1994)
2.
Syed Ameer Ali, Mahommedan Law, Tagore Law Lectures
3.
Baillie, Digest of Moohummudan Law
4.
The Durrul Mukhtar, (Tr. By Brij Mohan Dayal)
5.
Fyzee, A.A.A. , Outlines of Muhammadan Law
6.
Hedaya, Tr. Into English by C.l. Hamilton
7.
S. Mahmassani, The Philosophy of Jurisprudence in Islam.
8.
Tyabji, F. B., Muhammadan Law, The Personal Law of Muslims.
9.
I. A. Khan (ed). Muslim Law.
10. S. Khalid Rashid, Muslim Law.
14
LAW OF CRIMES - I : PENAL CODE
Paper – LCC 3.2.4
Total Marks – 80
Indian Penal Code 1860 (As Amended upto 2013)
Unit-I
i. Introduction (sec. 1 – 5)
ii. General Explanations (sec. 6 - 52A)
Unit-II
iii. General Exceptions (sec. 76 – 106)
iv. Abetment (sec. 107 – 113); Criminal Conspiracy (sec. 120A – 120B); Offences
Against the State (sec. 121 – 124A)
Unit-III
v. Offences against the Public Tranquility (sec. 141 – 152 ); False Evidence and
Offences against Public Justice (sec. 191 – 200)
Unit-IV
vi. Offences Affecting Human body (sec. 299 – 309, 319 – 326, 339 – 342, 349 –
354B, 359 – 377)
vii. Offences against Property (sec. 378, 383, 390 – 396)
Unit-V
viii. Offences relating to Marriage (sec. 493 – 498A); Defamation (sec. 499 – 502)
ix. Criminal Intimidation etc. (sec. 503, 506, 509, 511)
Books Recommended :
1. Kenny – Outline of Criminal Law.
2. Ratan Lal – Indian Penal Code.
3. K.D. Gaur – Indian Penal Code.
4. S.N. Misra – Indian Penal Code.
5. B.M. Gandhi – Indian Penal Code.
15
HUMAN RIGHTS LAW AND PRACTICE
Honours Paper
Hons. Paper – LHC 3.2.5
Total Marks – 80
Unit-I
1. Introduction to Human Rights
2. Philosophy, History and Development of Human Rights
Unit-II
3. International Human Rights Laws –
a) Universal Declaration of Human Rights 1948.
b) International Convenant on Civil and Political Rights – 1966.
c) International Covenant on Economic, Social And Cultural Rights – 1966.
d) Two Protocols of 1966 & 1989
Unit-III
4. The Protection of Human Rights Act 1993
5. Human Right Provisions in the Indian Constitution
Unit-IV
6. Role of Judiciary, Media & NGOs in the protection of Human Rights in India
7. Humanitarian Law – Concept and Sources.
Books Recommended :
1.
D. Basu – Human Rights in Constitutional Law.
2.
P. Diwan – Human Rights and the Law.
3.
R.C. Hingorani – Human Rights in India.
4.
Paul Sieghart – The International Law of Human Rights.
5.
Brownlie – Basic Documents on International Law and Human Rights.
16
PRIVATE INTERNATIONAL LAW
Optional course
(Optional) Paper Code- LOC 3.2.6
Total Marks – 80
Unit I
Introduction
 Nature & Scope of PIL
 Public and Private International Law
 Characterization and it’s theories
 Doctrine of Renvoi (nature, proof, application and exclusion Enforcement of
Foreign Judgments)
 Connecting Factors
 Expanding horizon of Private International Law (WTO and commercial
transactions, Transactions through Cyberspace)
Unit II
Foreign Judgments and Arbitral Awards
 Recognition & Enforcement
 Position at Common Law
 Statutory Provisions
 International Conventions
 Recognition & Enforcement
 Recognition and Enforcement of Arbitral Awards
17
Unit III
Jurisdiction and choice of law
 lex fori
 Matrimonial matters – as per the applicable law
 Custody of child – Guardians and Ward Act, 1890 – S.9 (ordinary residence)
 In Personam – S.20 CPC
 Anti Suit Injunction
 Choice of Law (Problematic scope of application, Characterisation, Contract,
Tort, Family Law)
Unit IV
Domicile
 Meaning in India (primary and secondary domicile)
 Domicile: Origin and Choice
 Dependants
 Fugitives
 Domicile of Corporation
Books Recommended :
1. Paras Diwan, Private International Law, 4th Ed., Deep and Deep (1998)
2. Atul M Setalvad, Conflict of Laws, 3rd Ed., Lexis Nexis(2014)
3. V. C. Govindaraj, Conflict of Laws in India, Oxford University Press (2011)
4. Cheshire, North & Fawcett: Private International Law, 14th Ed. Oxford
University Press (2008)
5. Collier J G, “Conflict of Laws”, Cambridge University Press, Cambridge, 2004.
6. Dicey A V & Morris J H C,“Conflict of Laws”, Sweet & Maxwell, London, 14th
edn, 2006
18
Detailed syllabus (Semester III, IV, V, VI)
SEMESTER III
Compulsory Course
Jurisprudence
Total Marks – 80
Paper Code – LCC 3.3.1
Unit-I
Definition, meaning, nature, classification, and value of Jurisprudence
Unit-II
Legal theories – Natural Law theories, Imperative theory, Theory of Legal Realism, Pure
theory of Law, Sociological theories, Historical School
Unit-III
Meaning, Nature and Purpose of Law, Nature of International Law, Law
and Morals
Sources of Law – Legislation, Precedents and Custom
Unit-IV
Administration of Justice
Legal Right: Meaning, Nature, Characteristics and elements, Relation between rights and
duties, Kinds of Legal right
Concept of Ownership: Idea of ownership, subject matter and characteristics of ownership
Kinds of ownership, Modes of acquisition of ownership
Possession: Meaning, elements of possession, Kinds of Possession, Distinctions between
ownership and Possession
Personality: Meaning, nature, Natural and Artificial persons, Legal Status of Animals, dead
and unborn persons, Corporate personality
Codification – Meaning, Merits and Demerits
Property – Meaning, Kinds of Property, Modes of acquisition of Property.
Books Recommended:
1.
Salmond – Jurisprudence
2.
G.W. Paton- Jurisprudence
19
3.
Dias – Jurisprudence
4.
Friedman – Legal theory
5.
B.N. Mani Tripathi – Jurisprudence and legal theory
6.
Dr. S. K. Tiwari - Schools of Jurisprudence
7.
Dr. S. K. Tiwari - Elements of Law
8.
S.N. Dhyani- Fundamentals of Jurisprudence
9.
Lloyd – Introduction of Jurisprudence
10.
V.D. Mahajan - Jurisprudence
20
Law of Crime II (CRIMINAL PROCEDURE CODE)
Total Marks – 80
Paper Code – LCC 3.3.2
The Code of Criminal Procedure 1973:
Unit-I
Section
Chapter I
Preliminary
1–5
Chapter II
Constitution of Criminal Courts and Offices
6–25A
Chapter III
Powers of Courts
26–35
Arrest of Persons
41, 43, 44, 46–54, 56, 57
Unit-II
Chapter V
Chapter VI Processes to Compel Appearance
70–86
Chapter VII
Processes to Compel the Production of things
93 –101
Chapter VIII
Security for keeping the peace and for good behaviour
107 – 110, 115, 116,122
Chapter IX
Order for Maintenance of Wives, Children and Parents.
125-128
Chapter X
Maintenance of Public Order and Tranquility
133-148
Chapter XI
Preventive Action of the Police
151
Chapter XII
Information to the Police & their Powers to Investigate
154-176
Chapter XIII
Jurisdiction of the Criminal Courts in Inquiries and Trials
177-189
Unit-III
Chapter XIV Conditions Requisite for initiation of proceedings
190-199
Chapter XV
Complaints to Magistrate
200-203
Chapter XVI
Commencement of Proceedings before Magistrates
204-210
Chapter XVII
The Charge
211-224
Unit-IV
Chapter XVIII Trial before a Court of Session
225-237
Chapter XIX
Trial of Warrant-Cases by Magistrates
238-250
Chapter XX
Trial of Summons Cases by Magistrates
251-259
Chapter XXI
Summary Trials
260-265
Chapter XXIV
300,304,309-311A, 313,317,320
Chapter XXIX
General Provisions as to Inquiries and
Trials
Appeals
Chapter XXX
Reference and Revision
397-401
21
372-394
Chapter XXXI
Transfer of Criminal Cases
406-410
Chapter
Provisions as to Bail and Bonds
XXXIII
Chapter XXXV Irregular Proceedings
Chapter XXXVI Limitation for Taking Cognizance
Books Recommended:
1. Ratanlal – The Code of Criminal Procedure
2. B.B. Mitra –. The Code of Criminal Procedure
3. Sarkar – The Code of Criminal Procedure
4. Justice Thakkar - The Code of Criminal Procedure
5. .N. Mishra - The Code of Criminal Procedure
22
436-439
of
460-461
Certain Offences
467-469
Property Law
Total Marks – 80
Paper Code – LCC 3.3.3
Transfer of Property Act, 1882:
Unit-I
Preliminary (Sections 1 – 4)
Transfers of Property by Act of Parties (Sections 5 – 53 A)
Unit-II
Sales of Immovable Property (Sections 54 – 57)
Unit-III
Mortgages of Immovable Property (Sections 58 – 104)
Leases of Immovable property (Sections 105 – 117)
Unit-IV
Exchanges (Sections 118 – 121)
Gifts (Sections 122 – 129)
Transfers of Actionable Claims (Sections 130 –137)
Indian Easements Act, 1882
Books Recommended
1.Transfer of Property Act 1882
2.Mulla’s Transfer of Property Act Ed. VII
3.G. P. Tripathi, The Transfer of Property Act
4.R. K. Sinha , The Transfer of Property Act
5.Vepa sarathi, Law of Transfer of Property
6.S.N.Shukla, Transfer of Property Act
23
Law of Evidence
Total Marks – 80
Paper Code – LCC 3.3.4
The Indian Evidence Act 1872
Unit-I
Chapters – I
Chapters -II
Chapters –III
Unit-II
Chapters –IV
Chapters –V
Chapters –VI
Unit-III
Chapters –VII
Chapters –VIII
Chapters –IX
Unit-IV
Chapters –X
Chapters –XI
Books Recommended :
1.
Ratanlal Dhiraj Lal – The Law of Evidence
2.
Avtar Singh – Principles of Law of Evidence
3.
Batuklal – the Law of Evidence
4.
Best – Law of Evidence
5.
V. P. Sarathi – Elements of Law of Evidence
6.
Indian Evidence Act 1872
7.
H. Mondal – Law of Evidence
8.
K. N. Tandon – The Evidence
24
Banking Law
Hons. Course
Total Marks – 80
Paper Code – LHC 3.3.5
Unit-I
Negotiable Instruments Act, 1882;
Unit-II
Banking Regulation Act, 1949;
Unit-III
Regional Rural Banks Act, 1976;
Unit-IV
Reserve Bank of India Act, 1934;
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act,
2002;
Banking Ombudsman Scheme.
Books Recommended :
1.
2.
Gupta, S.N. : The Banking Law in Theory and Practice, 3V.
Singh, Avtar : Laws of Banking and Negotiable Instruments : An Introduction.
3.
Sreekantaradhya, B.S. : Banking and Finance : Perspectives on Reform.
4.
Tannan’s Banking Law and Practice in India.
25
Insurance Law
Hons. Course
Total Marks – 80
Paper Code – LHC 3.3.6
Unit-I
General Principles; Definitions of Insurance;
Essential Elements: Insurable Interest; Materiality of Facts
Unit-II
Life Insurance
Fire Insurance
Unit-III
Marine Insurance
Unit-IV
Liability Insurance
The Insurance Act, 1938
The Insurance Regulatory and Development Authority Act, 1999.
Books Recommended :
1. Murthy, K.S.N. and Sarma, K.V.S. : Modern Law of Insurance in India. Singh, Avtar: Law
of Insurance.
2. Bharat’s Manual of Insurance Laws. Misra, M.N. : Insurance Law.
3. Nagarjun, R.K. : Law of Insurance.
26
Corporate Governance Law
Optional Subject
Total Marks – 80
Paper Code – LOC 3.3.7
Unit-I: Concept of Corporate Governance
Corporate Governance - Historical Perspective
Unit-II
Corporate Governance and Role of Institutional Investors
Unit-III: Principles of Corporate Governance – OECD Guidelines
The Right of shareholders and equitable treatment of shareholders
The Role of Stakeholders in Corporate Governance.
Disclosure and Transparency.
Unit-IV: Mechanism and Control :
Internal Corporate Governance Control.
External Corporate Governance Control.
The legal obligation of Board of Directors in Corporate Governance and Board – Management
relationship
The Concept of Corporate Social Responsibility (CSR) in India.
Books Recommended :
1.
Subhas Chandra Das – Corporate Governance in India :An Evaluation.
2.
Sanjay Bhayana – Corporate Governance Practice.
3.
Robert A.G.Monks – Corporate Governance.
4.
Avtar Singh – Company Law
5.
Darryl Reed and Sanjay Mukherjee – Corporate Governance, Economic Reforms and
development.
6.
Sanjay Agarwal – Corporate Social Responsibility in India.
7.
Ravi pullani I and Mahesh Pullani (ed) - Bharat’s Manual of Companies Act and
Corporate Laws : including SEBI Rules, Regulations, etc
27
SEMESTER 4
Compulsory Course
Administrative law
Total Marks – 80
Paper Code – LCC 3.4.1
Unit-I
Nature, Scope, Definition of Administrative Law.
Rule of Law
Separation of Power
Constitutional Law and Administrative Law
Administrative Action: meaning and classification
Unit-II
Delegated Legislations – Types, Control and reasons of its growth.
Natural Justice – Concept, Rule against Bias, Rule of fair hearing and Reasoned Decisions,
Exceptions.
Unit-III
Judicial Control of Administrative Actions – Writs, Special Leave to Appeal, Statutory Control
and Equitable Remedies; Judicial Review, Curative Petition and P.I.L.
Administrative Tribunals
Unit-IV
Ombudsman – Concept, Lokpal and Lokayuktas, The Lokpal and Lokayuktas Act, 2013
The Central Vigilance Commission Act, 2003 – Constitution, Powers and Function
Prevention of Corruption Act, 1988 (sec 1-5, 7-16,22-23, 25, 27 - 28)
Books Recommended :
1.
K.C. Davis
2.
Bernard Schwartz
3.
S.P. Sathe,
4.
Takwani,
5.
Kesari,
28
6.
Massey.
Company Law
Total Marks – 80
Paper Code – LCC 3.4.2
Unit-I
1.
i.
ii.
Introduction to Company
(Philosophy of Incorporation; Theory and Features of Corporate Personality)
Companies Act, 1956 to Companies Act 2013 (differences)
2. Essential Ingredients for Formation of Company
(Promotion of Company & Role of Promoters, Certificate of Incorporation, MOA, AOA and other allied
documents necessary for incorporation, Doctrine of Ultra Vires, Doctrine of Indoor Management)
3. Types of Company
(small, private, public, registered, statutory, government, one person, foreign, S. 8, limited and unlimited
liability, holding, subsidiary, dormant, producer)
Unit-II
4.
Membership in a Company
(members, mode of acquiring membership, restriction, cessation and expulsion of membership, rights and
duties of members)
5.
Control and Management of the Company
i.
Role of Promoters, Directors, Shareholders, and Creditors; Key Managerial Personnel
ii.
Directors, Company Secretary, Company Auditor: Appointment, Removal, Powers, duties,
Liabilities
iii.
Directors:
iv.
its various types and role in the management of a company
v.
DIN
Unit-III
6.

Capital, Management and emerging issues
Shares and Debentures: Nature and Types (issue, allotment, transfer, forfeiture, surrender)
 Company Meetings: (rules to conduct, convene and constitute according to the 2013 Act; Types of
meetings, resolution and minutes of meetings)

Raising Finance for the Company (Private Placement, Through Issue House, Prospectus)

Audit and Auditors (Relevant provisions under the Companies Act, 2013)

Protection of minority shareholders, Prevention of Oppression and mismanagement, Insider Trading,
29
Unit-IV



Winding up of a Company (read along with Insolvency & Bankruptcy Code, 2016)
Corporate Social Responsibility
Corporate Governance
Books Recommended :
1.
Company Law - G.K Kapoor and S. Dhamija,
2.
Company Law - P.K Agarwal
3.
4.
5.
Guide to the Companies Act - A Ramaiya
Elements of Companies- N.D.Kapoor
Indian Companies Law - Avtar Singh
30
Labour Law-I
Total Marks – 80
Paper Code – LCC 3.4.3
Industrial Disputes Act:
Unit-I
Object of the Act.
Definition of Industry and Industrial Dispute, Appropriate Govt. Average pay, Award,
Controlled Industry, Employer, Layoff, Lockout, Strike etc. Workmen.
Unit-II
Procedure for the settlement of dispute and Authorities under the Act.
References of dispute, Voluntary references to arbitration, Awards and settlement.
Unit-III
Strike and Lock out – Prohibition, Illegality, Penalties.
Lay off, Retrenchment of workmen, Transfer and Closing down under taking.
Miscellaneous – Change of condition of service, Unfair labour practices, Protected workman,
Representation of parties, Recovery of money due from employers.
Unit-IV
Trade Unions Act
Scope and the object of the Act.
Definitions : Trade Union, Trade dispute, Registrar, workmen etc.
Registration of the Trade Union.
Rights and Privileges of Registered Trade Union, dissolution etc.
Recognition.
Collective Bargaining and Trade Union.
Unfair labour practices, Penalities and Miscellaneous
Books Recommended :
2.
P.L. Malik – Industrial Law
3.
S. N. Mishra – An Introduction of Labour and Industrial Law
31
4.
N. D. Kapoor – Handbook of Industrial Law
5.
S. Srivastave – Industrial Relations and labour Law
6.
S. M. Chaturbedi – Labour and Industrial Laws
7.
H.K. Saha Ray – An Industrial and Labour Laws in India
8.
Labour Laws Journals.
32
Alternative Dispute Resolution & Legal Aid (Theory)
Total Marks – 80
Paper Code – LCC 3.4.4
Unit-I
Meaning, Nature, Scope, Merits and Demerits of Alternate Dispute Resolution
Unit-II
Arbitration Agreement: Definition, Essentials, Kinds, Capacity, Validity , Interim measures
by Court
Unit-III
Arbitration and Conciliation Act 1996 - Sections – 2, 7-9, 10 – 33, 34 – 37, 44 – 50, 53 –
59, 62 – 76, 81
Unit-IV
Legal Services Authorities Act 1987
Books Recommended
1.
P.C. Rao – Alternate Dispute Resolution
2.
S. K. Roy Choudhury and H.K.Saharay – Law of Arbitration and Conciliation
3.
Tiwari – Arbitration and Conciliation Act
4.
Dr. A. Sen – LokAdalat, Arbitration, Conciliation and ADR. Arbitration and
Conciliation Act 1996
33
Competition Law
Hons Subject
Total Marks – 80
Paper Code – LHC 3.4.5
Unit-I
1. Understanding the meaning of Competition and the role of Competition in the market
2. Change from MRTP Act, 1969 to The Competition Act, 2002 (understanding the shift)
3. Competition Act, 2002 (in details)
Understanding the objective of the following Bills/Acts
i.
The Competition Amendment Act, 2006
ii.
The Competition Amendment Act, 2009
iii.
The Competition Commission of India (Procedure in regard to the transaction of business relating to
combinations) Amendment Regulations, 2019
iv.
Competition (Amendment) Bill, 2020
4. Understanding the concept and ambit of Appreciable Adverse Effect on Competition under the 2002,
Act.
Unit-II
5. Anti-Competitive Agreements (in reference to relevant case laws)


Understanding the nature and situations of prohibition of Horizontal Agreements
Understanding the nature and situations of prohibition of Vertical Agreements
6.
Combinations (in reference to relevant case laws, rejecting / permitting combinations)


Legally Permitted and non-permitted combinations (understanding the thresholds in India)
Factors considered into while inquiring into combination by the CCI
Unit III
7. Understanding Abuse of Dominance (in reference to relevant case laws)
Unit IV
8.




9.
10.
11.
12.
i.
ii.
iii.
iv.
Authorities under The Competition Act, 2002;
Director General: Composition, Powers and Duties
Competition Commission of India: Composition, Powers and Functions
Competition Appellate Tribute: Composition, Powers and Functions
Ministry of Corporate Affairs: Its Role in the Competition Policy of India
Offences punishable under Competition Act, 2002
Penalties
Defences available
Some Important Cases (List is not exhaustive, and is only inclusive):
Brahm Dutt v. U.O.I, SC, 2005
In Re: Suo-Motu Case against LPG cylinder manufacturers, SC, 2018
Mohit Manglani v. M/s Flipkart India Pvt. Ltd. & Ors, CCI, 2015
M/s Fast Track Call Cab Private Limited v. M/s ANI Technologies Pvt. Ltd. CCI, 2015
34
v.
Schneider Electric India Private Limited and Larsen &Turbo Ltd. [Combination Registration No. C2018/07/586]
vi.
Hyundai Motor Company, Kia Motors Corporation and ANI Technologies Pvt. Ltd., Ola Electric
Mobility Pvt. Ltd. [Combination Registration No. C-2019/09/682]
vii.
Auto Parts Case COMPAT, 2016
viii.
Excel Crop Care Limited v. Competition Commission of India 2017 8 SCC 47
ix.
Noida Software Technology Park Limited (“NSTPL”) v. Star India Pvt. Ltd. (“Star India”), Sony
Pictures Network India Pvt. Ltd. (“Sony”), CCI, 2018
x.
Indian National Shipowners’ Association v. Oil and Natural Gas Corporation Limited, CCI, 2018
13. Miscellaneous:
i.
Competition Law Review Committee Report, 2019 (its recommendations)
ii.
Implications of E-commerce for Competition Policy
Books/Resources Recommended:
1. Introduction to Competition Law-Basic Introduction-1, 2016, CCI (freely available online at
https://www.cci.gov.in/sites/default/files/advocacy_booklet_document/CCI%20Basic%20Introduction_0.pdf )
2. Competition Law in India (Jurisprudential Trend and the Way Forward), -Nishith Desai Associates, 2013 (freely
available online at
http://www.nishithdesai.com/fileadmin/user_upload/pdfs/Research%20Papers/Competition%20Law%20in%20India.pdf )
3. Competition Law in India (A Report on Jurisprudential Trends) Nishith Desai Associates, 2015 (freely available online at
http://www.nishithdesai.com/fileadmin/user_upload/pdfs/Research%20Papers/Competition_Law_in_India.pdf )
4. Competition Law (Recent Developments and Challenges), Lakshmikumaran & Sridharan Attorney, 2013 (freely
available online at https://cn.lakshmisri.com/Uploads/MediaTypes/Documents/L&S_Competition%20Law_2013.pdf )
5. Report of the Competition Law Review Committee, Ministry of Corporate Affairs, 2019 (freely available online at
http://www.mca.gov.in/Ministry/pdf/ReportCLRC_14082019.pdf )
6. Competition Law in India - T.Ramappa.
7. Competition Law in India, Srinivasan Parthasarathy, 2011
35
Information Technology and Law
Hons Subject
Total Marks – 80
Paper Code – LHC 3.4.6
Unit-I
Introduction and International Regulatory Framework
History and development of Information Technology and Cyber Space,
Concept and definition of Cyber Space,
Jurisdiction in Cyber Space (Issues of jurisdiction in cyberspace, Types of jurisdiction,
Prerequisites of jurisdiction, The tests involved (Minimum contact theory, Sliding Scale
Theory, Effects Test and International targeting), Jurisdiction under IT Act, 2000)
European Convention on Cyber Crimes
Hague Convention on Jurisdiction and Foreign Judgments: Jurisdiction Agreement
UNCITRAL Model Law on Electronics Commerce 1996
International legal regime relating to Intellectual Property Rights – (i) Berne Convention;
(ii) Rome Convention; (iii) WIPO Copyright Treaty; (iv) WIPO
Performance and Phonograms Treaty; (v) UDRP; (vi) OECD convention on Database
protection
Unit-II
Cyber Crimes and Indian Legal Framework
Cyber Crimes Vs. Conventional Crime
Hacking
Digital Forgery
Cyber Stalking/Harassment
Cyber Pornography
Identity Theft & Fraud
Cyber Terrorism
Cyber Defamation Viruses ( File Infectors, Boot record infectors, Boot and file viruses)
Salami attacks - Web Jacking
Denial of service attack
Right to Privacy and Data Protection on Internet (Concept of privacy - privacy on
internet - confidentiality of information and Information Technology)
Offences under IT Act, 2000 (As Amended by Information Technology (Amendment)
Act 2008)
36
Unit-III
Information Technology Act, 2000 (As Amended by Information technology
(Amendment) Act 2008)
Objective and Development
Digital Signature and Electronic Signature
E-Contract
E-Governance
Certifying Authority
Penalties, compensation and adjudication
Cyber Appellate Tribunal
Unit-IV
Intellectual Property and Cyberspace
Copyright issues (Linking, Inlining, Framing),
Trademark issues (Domain Name Dispute, Cyber squatting, Uniform Dispute
Resolution Policy, Meta Tags and Key words),
Computer software and IPR issues
Books Recommended
1.
J. Singh Yatindra – Cyber Lew
2.
S. K. Verma – Legal Dimension of Cyber Space
3.
T. V. R. Satyaprasad – Law relating to Information Technology
4.
DugalPavan - Cyber Law: Indian Perspective
5.
KamathNandan – A Guide to Cyber Law
6.
MathamRaghul – Law relating to Computers and Internet.
7.
Ferrera & Lichtenstein – Cyber Law
37
Offences against Child and Juvenile offences
Optional Subject
Total Marks – 80
Paper Code – LOC 3.4.7
Unit I:

Definition and concepts of term child and Juvenile, delinquent child, neglected child

United Nations Convention on the Rights of the Child, 1989 including the two
optional protocols i.e. Optional Protocol to the Convention on the Rights of the Child on the
sale of children, child prostitution and child pornography and Optional Protocol to the
Convention on the Rights of the Child on the involvement of children in armed conflict).

United Nations Guidelines for the Prevention of Juvenile Delinquency (The
Riyadh Guidelines).

United Nations Standard Minimum Rules for the Administration of Juvenile
Justice (The Beijing Rules).

UN Rules for the Protection of Juvenile Deprived of their Liberty (Havana
Conventions)

Guidelines for the Action on Children in Criminal Juvenile System (Vienna
Guidelines)
Unit II

Theories of Juvenile Delinquency
1.
2.
3.
Biological Theory
Sociological theory
Psychological theory
Unit-III
Growth and Development of Juvenile Justice System in India (from welfare to rights based
approach)
The Juvenile Justice (Care and Protection of Children) Act 2015.
Unit IV

a)
Kinds of Offences against Children
Child abuse
b)
Child labour and forced labour
c)
Kidnapping, abduction
d)
Abetment of suicide of child
e)
Sale of obscene objects to young
38

The Legislative approach
1.
Constitutional Provisions (relevant provisions)
2.
Indian Penal Code (relevant provisions)
3.
Child Labour (Prohibition and Regulation) Act, 1986
4.
Commissions for Protection of Child Rights Act, 2005
5.
Prohibition of Child Marriage Act, 2006
6.
The Right of Children to Free and Compulsory Education Act, 2009
7.
Protection of Children from Sexual Offence Act, 2012
8.
Pre-Conception and Pre-Natal Diagnostic Techniques (Regulation and Prevention of
Misuse) Act, 1994
(All the laws to be studied along with the recent and updated amendments)
Books Recommended :
1.
K.D. Gaur – Criminal Law and Criminology
2.
Ved Kumari – The Juvenile Justice System in India.
3.
4.
R.N. Choudhuri – Law relating to Juvenile Justice in India.
S.S. Srivastava – Criminology & Criminal Administration.
39
SEMESTER V
Compulsory Course
Labour Law II
Total Marks – 80
Paper Code – LCC 3.5.1
Unit-I:The Factories Act, 1948
1.
Object of the Act.
2.
Definitions: Sec. 2 of the Act.
3.
Approval and Licensing.
4.
Powers and functions of the Inspecting staff i.e. Inspector and certifying surgeon.
5.
Provisions of Health, Safety and Welfare measures.
6.
Working conditions of Adult, Adolescent and Child workers including women.
7.
Annual leave with wages.
Unit-II
The Employee's Compensation Act, 1923 (as amended through Employee's
Compensation (Amendment) Act, 2017)
1. Scope and Object of the Act including definitions under Sec.2 of the Act.
2. Liability of the employer.
3. Amount and Distribution of compensation.
4. Notice and Claim of compensation, Penalty for default of compensation.
5. Requirement of employers statement regarding fatal accidents, Reports of fatal
accidents and serious bodily injury.
6. Liability of the master for the act of third party.
7. Liability of the employer to inform the rights of the employees.
8. Commissioner: Appointment, Powers, Reference, Time limit for disposal of cases,
Settlement of Cases.
9. Effect of registration and non registration of agreement.
10.Appeals and Recovery.
Unit-III:- The Minimum Wages Act, 1948
1.
Scope and Object of the Act (including definitions and concept of fair wage and living
wage).
2.
Fixation and revision of minimum wage.
3.
Enforcement of the Act.
Unit IV
40
1.
Maternity Benefit Act, 1961 (as amended through The Maternity Benefit (Amendment)
Act, 2017)
2.
The Unorganised Workers Social Security Act 2008
Books Recommended :
1. P.L. Malik – Industrial Law
2. S. N. Mishra – An Introduction of Labour and Industrial Law
3. N. D. Kapoor – Handbook of Industrial Law
4. S. Srivastave – Industrial Relations and labour Law
5. S. M. Chaturbedi – Labour and Industrial Laws
6. H.K. Saha Ray – An Industrial and Labour Laws in India
7. Labour Laws Journals.
41
Environmental Law
Total Marks – 80
Paper Code – LCC 3.5.2
Unit I
Understanding Contemporary Position of International Environmental Law Principles (Key
Emphasis on Objectives and loopholes)
b.
c.
d.
e.
f.
Understanding Climate Change
From Rio Declaration 1992 to Paris Agreement 2015
From Millennium Development Goals 2015 to 2030 Agenda for Sustainable Development
Understanding Role of IPCC and UNFCC in Climate Change
Conference of Parties (COPs having contemporary relevance)
Principles for Protecting the environment
- Absolute liability, precautionary principle, polluter pays principle, Intra and Inter Generational Equity,
Public Trust Doctrine
Unit II
Understanding Evolution of Environmental Law Principles in India
a.

The Indian Constitution and the Environment (objectives, offences, penalties, loopholes)
(including Article 21, 48A, Article 253); 42nd Amendment to the Constitution
b.
The Environment (Protection) Act, 1986 (objectives, offences, penalties, loopholes)
c. Ministry of Environment, Forest and Climate Change (its constitution, mandate and role in the
management of Environment in India)
d.
Central Pollution Control Board (its constitution, mandate and function)
e.
National Green Tribunal (its Role and contribution towards ensuring environmental justice in India)
f. Landmark Judgements on the above identified legal instruments (facts, issues, arguments, ratio,
obiter dicta)
Unit III
Air Pollution & Water Pollution
a. Understanding the nature and effects of Green House Gases and Particulate Matter
b. Understanding different sources of Air Pollution
c. WHO recommendation on Air Quality Standards
d. Effects of Air Pollution on Human Health, Environment and Other species
e. Cleantech Startups/innovations to help tackle Air Pollution (instead of completely relying on legal
regulation)
f. Air (Prevention and Control of Pollution) Act, 1981 (Objectives, offences, penalties, loopholes)
42
g. Study of relevant case laws
h. Nature and Sources of Water Pollution
i. Water Conservation and its need
j. Understanding the Impact of Water Pollution and Lack of Water Conservation on Human Health,
Environment and Other species
k. Cleantech Startups/innovations to help manage Water Pollution and wastage of water (Beyond legal
regulation)
l. Water (Prevention and Control of Pollution) Act, 1974 – (Objectives, offences, penalties, loopholes)
m. Study of relevant case laws
Unit IV
(Other Important Environment Law Instruments in Operation in India- (to be studied keeping in
mind its objectives and penalties only)
a. Wild Life (Protection) Act 1972
b. Forest Conservation Act, 1927 & 1980
c. The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act,
2006
d. The Solid Waste Management and Handling Rules, 2016
e. The Plastic Waste Management Rules, 2016
Books Recommended:
1. Environmental Law and Policy in India (Cases, Materials and Statutes), Shyam Divan, Armin
Rosencranz, Oxford University Press, 2012
2. This Changes Everything, Naomi Klein, (Penguin Books, 2014)
3. The Climate Solution, Mridula Ramesh, 2019, Hachet India
4. Air (Pollution, Climate Change and India’s Choice Between Policy and Pretence), Dean Spears,
HarperCollins Publishers India, 2019
5. Paras Diwan & Parag Diwan – Environment Management, Law & Administration.Green Signals.
Ecology, Growth and Democracy in India, Jairam Ramesh, Oxford University Press, 2015
43
Law of Taxation
Total Marks – 80
Paper Code – LCC 3.5.3
Unit – 1
1.
Basic concepts and Definitions under Income Tax Act
(a)
Basic Concept – Direct and Indirect Tax, Sources of Income Tax Law in India,
Basic Principles of charging income tax, Diversion and Application of income, Res-judicata
principles in taxation law, Exemption and Deduction, Tax evasion, Tax Avoidance, Tax
Planning, Rate or Rates of Tax, CBDT.
(b)
Important Definition – Person, Assessee, Assessment Year, Previous Year,
Income, Sources of income, Heads of income, Gross total income, Total income, Casual
income, Capital assets, Capital Receipts and Revenue Receipts, Capital Expenditure and
Revenue Expenditure, Infrastructure Capital Company and Infrastructure Capital Fund.
2.
Residential Status and Incidence of Tax – Residential status of an individual only.
3.
Income exempt from tax - (Section 10)
4.
Agricultural Income – Meaning, Instances of agricultural income and non- agricultural
income, Treatment of partly agricultural income, Assessment of tax liability when there are
both Agricultural and non-agricultural income.
Unit– 2
1.
Computation of Taxable Income of Individual – Salaries and Income from House
property (only concepts and simple problems).
2.
Deductions from Gross Total income – Basic concepts, deductions u/s
80C,80CCC,80D, 80DD, 80DDB, 80E, 80G and 80TTA.
3.
Tax Management –
(a)
Provision for Filing of Return – Date of filing of return, Different types of
returns, Return by whom to be verified, PAN, TAN.
(b)
Procedure of Assessment – Self assessment, Summary assessment, Scrutiny
assessment, Best judgment assessment.
(c)
Preliminary ideas of - deduction and collection of tax at source, Advance Tax,
Refund of Tax.
(d)
Appeals and Revision, Penalties and Prosecutions.
Unit – 3
Goods and Services Tax (GST)
1.
Overview of GST –Concept, Constitutional Background, Objectives, Salient features,
Structure and types of GST, taxes Subsumed into GST, Taxes not Subsumed into GST,
Advantages and disadvantages of GST, GST Council, GSTN, GSTIN.
2.
Definitions – Aggregate turnover, Business, Capital goods, Goods, Input, Input tax,
44
Input tax credit, output tax, Person, Registered person, Place of Business, Services, Taxable
person, Turnover in State and Union territory.
3.
Supply –Concept, Time, Value and Place, Charge of GST.
(a)
Meaning of taxable event, Definition of supply as per CGST Act, Necessary
elements that constitute supply under CGST/SGST Act, Inward supply, Outward supply, Nontaxable Supply, Taxable Supply, Exemp supply, Mixed supply, Inter-state supply & Intra-state
supply of goods, Zero rated supply (basic concepts only).
(b)
Time of Supply –Need for determination, Time of Supply of goods and time of
supply of services – provisions in relation to forward and reverse charge only.
(c)
Value of Supply – Transaction value as the basis for valuation; Inclusion and
exclusion of items for computation of value of supply under transaction value, Value of supply
inclusive of GST.
(d)
Place of Supply – Need for ascertainment only.
(e)
Levy of GST – Levy and collection under CGST Act, IGST Act and UTGST
Act.
4.
Input Tax Credit, Registration and Composition Scheme under GST.
(a)
Tax Invoice – Meaning; Importance, Time of issue tax invoice, Contents of a
tax invoice; Bill of Supply (basic concepts only)
(b)
Input tax credit – Meaning, Eligibility and condition for taking input tax credit;
Utilisation of input tax credit (Simple problem).
(c)
Registration – Need and advantages of GST registration, Persons liable for
registration, Procedure for registration.
(d)
Composition Scheme – Meaning, Applicability and rate, Eligible person,
Conditions and restriction under the composition scheme, Benefits of composition scheme.
(e)
Payment of Tax.
Unit – 4
Customs Duty
1.
Basic concepts, Nature and basic features of customs duty, charge of customs duty.
2.
Definition of certain terms – Dutiable goods, Indian Customs Water, Goods, Coastal
goods, Customs area, Territorial water.
3.
Taxable event for import and export of goods.
4.
Valuation of Customs duty.
Suggested Readings:
1.
2.
3.
4.
Taxmann : Direct Taxes – Law and Practice.
Taxmann : Indirect Taxes – Law and Practice.
Systematic Approach to Taxation – G. Ahuja & R.Gupta : Walters Kluwer.
Income tax with Indirect tax – S. Mundhra & V. Mundhra : Law Point
45
Code of Civil Procedure and Limitation Law
Total Marks – 80
Paper Code – LCC 3.5.4
Unit-I
60 Marks
The function of the Code of Civil Procedure with a brief history,
Important definitions of words like Decree, Mesne Profits, Order, Public Officer etc.
Jurisdiction of Civil Courts – Courts to try all civil suits unless expressly or impliedly barred –
What are suits of a civil nature. Pendency of a suit bars a fresh suit. Principle underlying
Section 10.
Principles of Res. Judicata – Constructive res judicata as embodied in Explanation IV or
Section II.
When Foreign Judgements are not conclusive (Section 13).
Place of Suing – Section 15 to 21A provide the key to the topic. Power of transfer and General
power of transfer and withdrawal of suits (Section 22 to 25).
Service of Summons to Defendants under different circumstances; Section 27 to 29 and order V.
Unit-II
Execution of decrees and orders – Section 31 to 74 and order XXI contain the details of the
procedure of execution – Executing courts
– Function of Courts, Determines all questions relating to execution, discharge and substitution
of decree – Section 47 bars fresh suit in all matters relating to execution, discharge and
satisfaction of decree – ‘Executing court cannot go behind the decree – exception to this
principle. Determination of any question under Section 47 is not a decree under the amended
code. To what extent salary is attachable Section 10 Proceeds if execution sale to be rateably
distribution among decree – Arrest and attachment before judgment (Order XXXVIII) –
Temporary injunction (Order XXXIX).
Power of Civil court to issue Commissions (Secs 75 to 78). Details of procedure relating to
Commissions (Order XXVI).
Suits by or against Govt. or Public Officer in the Official capacity (Secs. 79 to 81) – Notice to
the Govt. or Public Officer (Section 80) Interpleader Suits – Section 88 and order XXXV.
Filing of a suit in respect of public Nuisance (Section 91).
Procedure for filling of a suit in respect of breach of any express or constructive trust created
or public purposes of a charitable or religious nature (Section 92).
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Unit-III
Appeals – from original decrees – from final decree where no appeal from Preliminary decree
Second appeal when St.5 lies – Appeals from orders – Powers of appellate court – when appeal
lies to the Supreme Court (Section 96 to 112 and Orders XLI to XLIII).
Review of Judgments (Section 114-Revision of Judgment (Section
115) – Order XLVII deals with details of review.
The principle of restitution when decree is set aside or modified – Section 144 – Determination
of any question under Sec.144 is a decree.
Enforcement of Liability of Surety – Section 145.
Right to lodge a Caveat by a person claiming a right to appears before the court – Section
148A.
Inherent power of court to make order for the ends of justice or to prevent abuse of the process
of Court (Sec. 151) – Amendments of judgments, decrees and orders (Section
152) – General power to amend (Section 153) power to amend decree or order where appeal is
summarily dismissed (Section 153A).
Appeals by indigent persons – Suits in favour of paupers – Order XXXIII and Order XLIV
deal with detailed procedure on the topic.
Unit-IV
The Limitation Act 1963
20 Marks
Sec. 1 – 20.
Books Recommended :
1. Mulla – Code of Civil Procedure
2. Mukherjee A. N. – Code of Civil Procedure
3. C.K. Takwani - Civil Procedure
4. S. Chakravarti and B. Nath – Cases and Materials
5. A.N. Saha - Civil Procedure Code
6. B.B. Mitra – The Limitation Act
7. Ganguly – Civil Code Practice & Procedure
8. V.G. Ramchandran – Law of Limitation
47
Patent Right Creation & Registration
Hons. Course
Total Marks – 80
Paper Code – LHC 3.5.5
Unit-I
INTRODUCTION:
Definitions, Scope, Value, and Attributes of Patents, objects; features of patent; rights and
duties of patentee; Patentable and non-patentable patents; product patent
ORIGIN AND DEVELOPMENT OF PATENT:
Developments of patent in India; Developments through International treaties and conventions
(Paris Convention, WIPO and WIPO Treaties, Patent Co-operation Treaty, TRIPS.
RIGHTS AND OBLIGATIONS OF PATENTEE:
Nature of Patent rights, limitations of patentee rights, Obligations of patentee.
AMENDMENTS, RESTORATION, SURRENDER AND REVOCATION OF
PATENTS: Amendments of application before Controller, High Court; Restoration of lapsed
patents, application and procedure of application; Rights of Patentee on restrictions; Surrender
of patents; Revocation of patents.
Unit-II
PRODUCT PATENT IN CASE OF MEDICINE AND DRUG: Exclusive marketing rights
(EMR), prior users of the invention protected, compulsory licensing in respect of EMR, Power
of central Govt., Suits, Validity of grant of exclusive rights.
PATENT OFFICE, REGISTER OF PATENTS, THE CONTROLLER AND HIS
POWERS:
Register of patents, rectification of register, Patent office and its branches, power of controller,
power of Central Govt. Appeal
ESSENTIALS OF PATENT FOR REGISTRATION:
Patentable subject matter, Novelty, Anticipation, Non-obviousness.
REGISTRATION OF PATENT:
Importance of registration, who may apply? Form and procedure of application; publication
and examination of applications, search and search report, procedure for acceptance and
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disposal of application, Exclusion of Marketing rights, patent of addition, grant and sealing of
patents, Exclusion of Marketing rights, term of patent and statutory provision.
Unit-III
SPECIFICATION:
General meaning, filing of specification and their contents, provisional specification, complete
specification, construction of specification, amendments of specification.
OPPOSITION OF GRANT OF PATENTS:
Procedure, discretion of controller, Grounds of opposition, grant and sealing of patents.
TRANSFER OF PATENTS RIGHTS:
General, Scope of power to transfer patent rights, assignments, Licences, Compulsory licenses,
Licenses of right and revocation for non-working.
Unit-IV
REVOCATION AND SURRENDER OF PATENTS:
General, revocation of patents by interested person; grounds for revocation; prior secret use,
prior grant, lack of novelty or anticipation, obviousness or lack of inventive step, combination
patents, selection patents, inutility, insufficiency, non disclosure of best method, claim not
clearly defined; surrender of patent
INFRINGEMENTS OF PATENT:
General; what constitute infringement; action for infringement; Relief for infringement, Literal
Infringement
Doctrine of Equivalence, Contributory Infringement, Defenses to infringement including
experimental use, inequitable conduct, patent misuse
SUIT IN CASE OF INFRINGEMENT OF PATENTS:
General, court in which suit to be instituted, reliefs may be claimed, defenses which may be
taken, burden to prove, procedure, power of courts, restrictions on the power of the courts,
appeal to appellate board established under T.M. Act for the purpose of patent Act 1970.
SCIENTIF ADVISOR AND PATENT AGENT:
General, scientific advisor, role of scientific advisor, patents agents, register of patent agents,
and qualification for patent agents, rights and function of patent agents, procedure of
registration of patent agents.
49
Books recommended:
1.
Terrell on the Law of Patents, Sweet and Maxwell
2.
Brian C. Reid, A Practical Guide to Patent Law, Sweet and Maxwell.
3.
Narayanan, P. :Patent Law, Eastern Law House,
4.
Mainly on Patents, Buttorworths.
5.
P. Narayanan, Intellectual Property Law, Eastern Law House
50
Law of Copyright
Hons. Course
Total Marks – 80
Paper Code – LHC 3.5.6
Unit-I
INTRODUCTION:
Definition, Nature, Scope, history, Indian copyright, main features, object, International
conventions, copyright and GATT, fixation of copyright, originality as an element of copyright,
Ideas, impact of digital medium.
Unit-II
SUBJECT MATTER OF COPYRIGHT: SUBJECT IN WHICH COPYRIGHT
SUBSISTS:
The works in which copyright subsists, qualification for subsistence, Literary work, Dramatic
work, Musical work, Artistic work, Cinematographic film, Sound recording, Computer
program, Broadcasting, Cable Network, photograph, Book.
OWNERSHIP OF COPYRIGHT:
Who is author? Joint authorship, status of the author, first owner of copyright, Employee work,
Commissioned work, Author of a cinematographic work and sound recording, Computer
generated works, ownership of moral right and related right.
Unit-III
TERM AND LIMITATIONS ON COPYRIGHT:
Introduction, term in case of published literary, dramatic musical or dramatic works, term in
case of anonymous and pseudonymous work, term in case of posthumous, photograph,
cinematograph, sound recording, Government works, works of public undertakings and in
work of international organisation; Limitations of copyright, temporal limitations, statutory
licences, Fair Access to copyrighted creations, Doctrine of Fair dealing or permitted acts.
RIGHTS UNDER COPYRIGHT:
General, interest of authors, exclusive economic right, moral right, and related rights.
RIGHTS OF BROADCASTING ORGANISATION AND PERFORMERS
General, broadcasting reproductions rights, infringement, acts not constituting infringement,
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copyright subsisting in the contents of broadcast, television, musical work, recording;
performers right, infringement of performers right, act not constituting infringement of
performers rights
Unit-IV
TRANSFER OF COPYRIGHT:
Assignments, transfer by law, relinquishment of copyright; licences, voluntary licences, nonvoluntary licences
COPYRIGHT OFFICE, COPYRIGHT BOARD AND COPYRIGHT SOCIETY:
Copyright office, Register of copyright office, evidentiary value of register of copyright,
function and obligation of registrar of Copyright; Copyright Board, constitution and function
of copyright board, power and procedure of copyright board and its obligation; Copyright
society, registration of copyright society, function and obligation of copyright society, control
of owners of copyright, rights and liabilities of pre-existing societies.
REGISTRATION OF COPYRIGHT:
Introductory, qualification for registration, procedure for registration, entries in register,
correction of entries, rectification of register by Copyright Board.
INTERNATIONAL COPYRIGHT:
Introduction, extension of copyright in foreign works, works of certain international
organizations, restrictions of rights, order as to International copyright to be laid before
Parliament.
INFRINGEMENT OF COPYRIGHT:
General, what is infringement? When copyright is infringed? Which are not infringements of
copyright? When breach of conditions amount to infringement of copyright? Importation of
infringing copy, transit rights of land locked countries, obligation of copyright societies in case
of account, resale- share right in original copies of author.
REMEDIES AGAINST THE INFRINGEMENT OF COPYRIGHTS:
Introduction ; Who can claim remedy? Against whom one may proceed? Civil remedies,
Criminal remedies, Administrative remedies, Anton Pillar order, Protection of separate rights,
restriction of remedies, suit for declaration, jurisdiction of court, delivery of infringing copies
and plates. Remedy by appeal.
Books recommended:
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2.
P. Narayanan, Copyright and Industrial Design, Eastern Book House.
3.
W.R. Cornish, Intellectual Property, Sweet and Maxwell,
4.
S.M. Steward, International Copyright and Neighbouring Rights, Butterworths.
5.
Alka Chawla, Copyright and Related Rights Nayional and International
perspective, Macmillan India Ltd.
6.
P. Narayanan, Intellectual Property Law, Eastern Law House
53
Paper Code – LOC 3.5.7
Public International Law
Optional Subject
Total Marks – 80
Unit-I
Nature, Definition and Scope,
Origin and Basis of International Law.
Differences between Public & Private International Law
Unit-II
Sources of International Law. (International Customs, International Treaties, General
Principles of Law, Judicial Decisions & Juristic Works, Resolutions of General Assembly)
Subjects of International Law.
Realistic Theory- Fictional Theory- Functional Theory
International Law and Municipal Law.
Unit-III
Recognition
State (Concept, Jurisdiction, Responsibility and Succession)
Nationality
Asylum and Extradition
Treaties.
Unit-IV
United Nations – Purposes, Principles, and Membership.
The Principal Organs of the UN.
Books Recommended :
1. J.G. Starke – Introduction to International Law.
2. Gurdip Singh – International Law.
3. S.K. Kapoor – International Law.
4. H.O. Agarwal – International Law.
5. D.J. Harris – Cases and Materials on International Law.
54
SEMESTER VI
Penology and Victimology
Hons. Course
Paper Code: LHC 3.6.1
Total Marks: 80
GROUP-A – PENOLOGY
Module 1
An introduction to Penology
i.
ii.
iii.
iv.
v.
What is Penology?
Relationship between Penology, Victimology and Criminology
Justifying State Punishment
Penal policy and Correctional Administration: Overview
Theories/ Justification of Punishment
Module 2
Sentencing Patterns
i.
Rationales of sentencing
ii.
Elements of Proportionality
iii.
Custodial and Non-Custodial Sentencing
iv.
Sentencing Process
a. Pre Sentencing Inquiry
b. Primary and Secondary decisions
c. Disparity in Sentencing
v.
Forms of Punishment
vi.
Plea Bargaining
vii.
Therapeutic Approaches: Probation and Parole
viii.
Capital Punishment: Historical and Jurisprudential aspects
GROUP- B
VICTIMOLOGY
Module 3
Introduction to Victimology
i.
Conceptual growth and development of Victimology
ii.
Perspectives of Victimology: Positivist, Radical, Critical
iii.
Typology of Victims
iv.
Newer dimension of Victimology
v.
Basic Concepts
Module 4
i.
ii.
Victimology in India
Development of Victimology in India
Legislative development of Victimology
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iii. Judicial Response to victims
iv. Victim Support Services
v. Restorative Justice, Compensation and Rehabilitation
(Students are required to answer at least one question from each Group.)
Books Recommended:
1. Andrew Ashworth, Sentencing and Criminal Justice, (2005)
2. Prof. N.V Paranjape, Criminology and Penology, (2009)
3. Ahmed Siddique, Criminology and Penology, (2009)
4. David Scott, Penology, (2008)
5. Martin Wasik, Emmins on Sentencing (1998)
6. S. Chhabbra, The Quantum of Punishment in Criminal Law (1970)
56
Interpretation of Statutes and Principles of Legislation
Optional Subject
Paper Code: LOC 3.6.2
Total Marks 80
Unit-I

Meaning of the term ‘statute’ , ‘interpretation and construction of statutes’

Internal aids – Title, Preamble; Heading and Marginal notes; Sections and
sub-sections, Punctuation marks, Illustrations, exceptions, provisos and saving
clause; Schedules, Non-obstante clause

External aids – Dictionaries, Translations, Travaux repertoires, Statutes in pari
material, Contemporanea Exposito, Debates, inquiry commissions reports and Law
Commission Reports.
Unit-II

Presumptions in statutory interpretation – Statutes to be read as a whole,
intention of legislature predominates, statutes are territorial in operation,
presumption as to jurisdiction, technical words in technical sense, words to be
construed in popular sense, Prospective operation of statutes

Basic rules of interpretation: Literal rule, Golden rule, Mischief rule (Rule in the
Heydon’s case)

Rule of harmonious construction
Unit-III
Maxims of Statutory Interpretation
i)
Noscitur a sociis,
ii)
Ejusdem generis;
iii)
Reddendo singular singulis
iv)
Delegatus non potest delegare
v)
Expressio unius exclusion alterius
vi)
Generalia specialibus non derogant
vii)
In pari delicto potior est condition possidentis
viii)
Utres valet potior quam pareat
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ix)
Expressum facit cessare tacitum In bonam partem
x)
Casus omissus

Construction of – Taxing statutes, Penal statutes; Welfare Legislation,
Interpretation of enabling statutes

Principles of Constitutional Interpretation
Doctrine of pith and substance Colourable legislation
Ancillary powers, Residuary power,
Doctrine of repugnancy
Unit IV

Principles of Legislation: Meaning of legislation, kinds, Commencement, Repeal and
Revival of legislation

General Clauses Act, 1897 (sec 2,3,5-9, 12-13, 17-19, 26-27)
Books Recommended :
1.
2.
3.
4.
G.P. Singh, Principles of Statutory Interpretation
Maxwell on The Interpretation of Statutes
V. Sarathi, Interpretation of Statutes
N. S. Bindra’s Interpretation of Statute
58
CLINICAL SUBJECTS
Paper code: LCC 3.6.3
100
Drafting Pleading and Conveyance
Outline of the course:
(c) Drafting :-General principles of drafting and relevant substantive rules shall be taught
(d) Pleadings:i)
Civil: Plaint, written Statement, Interlocutory Application, Original Petition, Affidavit, Execution
Petition, Memorandum of Appeal and Revision, Petition under Article 226 and 32 of the Constitution of
India.
ii)
Criminal: Complaint, Criminal Miscellaneous petition, Bail Application, Memorandum of Appeal
and Revision.
iii)
Conveyance: Sale Deed, Mortgage Deed, Lease Deed, Gift Deed, Promissory Note,
Power of Attorney, will, Trust Deed
iv)
Drafting of writ petition and PIL petition.
The course will be taught class through instructions and simulation exercises, preferably with assistance
of practicing lawyers/ retired judges.
Apart from teaching the relevant provisions of law, the course may include not less than 15 practical
exercises in drafting carrying a total of 45 marks ( 3 marks for each) and 15 exercises in conveyanceing
carrying another 45 marks ( 3 marks for each exercise) remaining 10 marks will be given for viva voice.
59
3.6.4.
Professional Ethics & Professional Accounting system
Group A: The Advocates Act, 1961 (40)
Group B: Accountancy for Lawyers (20)
Group C: 20 + 20 marks
Viva Voce and submission of a report on The Advocates Act, 1961
60
60+40
3.6.5.
Alternative Dispute Resolution
100
Outline of the course:
I)
Arbitration law and practice including international arbitration and arbitration rules
II)
Negotiation skills to be learnt with simulated programme
III) Conciliation and mediation skills
IV) Legal Aid outreach programme and report submission.
The course is required to be conducted by senior legal practitioners and subject experts through
simulation and case studies. Evaluation may be completely based on practical exercise and viva voce (80
+ 20 respectively). Seminars, Workshops, Practical training may be conducted.
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3.6.6.
MOOT COURT EXERCISE AND INTERNSHIP
100
This paper may have three components of 30 marks each and a viva for 10 marks.
d)
Moot court (30 marks): Every student may be required to do at least three moot court assignments.
They will be evaluated for written submission (15) and oral advocacy (15).
e)
Observance of trial in two cases, one civil and one criminal (30 marks):
Students may be required to attain two trials in the course of the last two or three years of LLB studies.
They will maintain a record and various steps observed during their attendance on different days in the
court assignments. This scheme will carry 30 marks.
f)
Interviewing techniques and pre-trial preparations and internship diary (30marks): Each student
will observe two interviewing sessions of clients at the lawyers office/legal aid office and record the
proceedings in a diary which will carry 15 marks. Each student will further observe the preparations of
documents and court papers by the advocate and the procedure for the feeling of the suit / petition .This
will be recorded in the diary which will carry 15 marks.
The fourth component of this paper will be viva voce examination on all the above three aspects. This
will carry 10 marks.
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