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). 46 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 48 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, 51 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: 52 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 55 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 57 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. 61 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. 62