SYLLABUS & REGULATIONS FOR - LL.B. Three Year Degree Course - Mohanlal Sukhadia University
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SYLLABUS & REGULATIONS
FOR
LL.B. Three Year Degree Course
1REGULATIONS & SYLLABUS FOR
THREE YEAR LL.B. DEGREE COURSE
The Degree of Bachelor of Laws :
1. The Mohanlal Sukhadia University shall confer the degree of Bachelor of Laws on such candidates
who being eligible for admission to the LL.B. Degree Course, have received regular instructions in
the prescribed course of study, undergone required practical training, passed all the prescribed
examinations and being otherwise suitable by virtue of their conduct and character have fulfilled
such other conditions as may be laid down from time to time.
Duration of the Course :
2. The courses of study for the LL.B. Degree shall spread over a period of three years which shall,
respectively, be called the LL.B. First Year, the LL.B. Second Year and the LL.B. Third Year. The year
shall commence with the day, the University reopens after the Summer Vacation and end on the
day, the University closes down for Summer Vacation in the following year.
Admission Requirements :
3. Eligibility :
(i) A candidate, who has passed the examination for the Bachelor’s Degree in
Arts/Science/Commerce/Medicine/Technology/Agriculture or in any other discipline of
this University, or, of any other University as is recognized by the University as equivalent
there to after having undergone a regular course of study and has secured a minimum of
45% marks in the aggregate in the Scheme of 10+1+3 upto 1989 and 10+2+3 after 1989,
shall be eligible for admission to the Three Year LL.B. Degree Course.
Provided that a candidate holding a Master Degree in any of the aforesaid discipline shall
also be eligible for admission to the Three Years LL.B. Degree Course, who has secured a
minimum off 45% marks in the aggregate.
(ii) 45% marks all the Bachelor’s or Master’s Degree indicate merely the eligibility to apply for
admission and do not ensure admission.
(iii) For the candidates belonging to SC/ST/OBC (except creamy layer) the minimum eligibility is
40% marks in the aforesaid qualifying examinations.
(iv) The candidates who have passed their Graduate/Postgraduate examination from the
University other than the Universities of Rajasthan will be eligible for admission only if they
have secured not less than 60% marks at their respective examinations. Provided that if a
candidate is a bonafide resident of Rajasthan shall also be eligible for admission if he
produces the relevant certificate of the competent authority on his own behalf and fulfills
the eligibility requirements and stands in merit.
(v) The eligibility shall be calculated without considering the marks of internal assessment
secured by a candidate.
(vi) All the admissions of eligible candidates, who have passed Bacherlor’s Degree or Post
graduate Degree recognized by this University shall be made on the basis of merit secured in
2the Entrance Test for the admission of LL.B. First Year subject to the rules and regulations of
the Entrance Test modified upto date.
(vii) Candidate who have been placed in Supplementary in the Bachelor’s Degree Examination
are not eligible to apply for admission.
Admission :
4. (i) A candidate for the LL.B. Degree shall be first admitted to the First Year
Class only.
(ii) Candidates for the LL.B. Second Year Class shall be admitted only on their having passed the
LL.B. First Year Examination of this University after having completed a regular course of
study.
(ii) Candidates for the LL.B. Third Year Class shall be admitted only on their having passed the
LL.B. First Year due papers, if any, and promoted to the LL.B. Second Year Examination of
this University after having completed a regular course of study.
Explanation :
5. (i) A regular course of study includes the prescribed percentage of attendance (presently 75%
as required by the Bar Council of India, subject to the revision by the Bar Council of India
from time to time) by the candidate in all the lectures delivered in each paper and also study
as may be prescribed from time to time.
(ii) A candidate, who fails to persue a regular course of study during any year of the Three Years
of LL.B Degree Course, or having completed a regular course of study fails to pass the
examination at the end of such year, shall not be re-admitted in any subsequent year to the
class concerned.
(iii) A candidate whose name has been struck off the rolls for non-payment of dues in time may
be re-admitted in the same year to the same class on payment of prescribed fee and
outstanding dues.
Conditions of Admission :
6. (i) No application for admission to the LL.B. First Year class shall be
entertained unless it is accompanied by :
(a) a duly certified transcript of the scholastic record off the candidate commencing from
Secondary & Senior Secondary Certificate Examination or its equivalent Examination;
(b) Original Transfer Certificate;
(c) Original Migration Certificate if the candidate is not enrolled in this University.
(ii) All the candidates who have secured admission in LL.B., LL.M. and Diplomas conducted by
this University College of Law, Udaipur shall ensure themselves that they are living in the
Municipal limits of the Udaipur by giving their local addresses in the admission form.
(iii) No application for admission shall be entertained unless the candidate gives a written
undertaking to the effect that :
(a) he shall exclusively devote his time to the study of course prescribed for the LL.B. Degree;
3(b) he shall abide by the provisions of the Act, Statutes, Regulations and Rules of the University
that are framed or may be framed and are in force from time to time and all the lawful
orders of the officers and authorities of the University College of Law and the University.
(iv) No application for admission shall be entertained unless the parent or guardian of the
candidate gives a written undertaking to the effect that :
(a) the candidate shall abide by the undertaking given in the application and by the provisions
of the University Act, Statutes, Regulations and Rules in force from time to time and the
lawful orders of the officers and the authorities of the University College of Law and the
University;
(b) he shall be responsible for the payment of fees and other dues of any description
whatsoever of the candidate;
(c) he shall be responsible for the good behaviour of the candidate in and outside the College
and the University.
(v) No application for admission shall be entertained unless the candidate, if employed
produces from his employer a certificate of ‘No Objection’ to his prosecuting studies in the
College of Law and certifying that the employee is a person of good conduct and character
and is posted within the Municipal limits of the City/Town wherein the College is situated.
(vi) The admission of a student is liable to be cancelled at any time in the event of any breach of
the undertaking given by the student or his guardian and in the case of a student in
employment, his employer.
Application :
7. (a) Application for admission to the LL.B. First Year, LL.B. Second Year and
LL.B. Third Year, LL.M. Part-I, LL.M. Part – II and all the Diplomas class conducted by this
College shall be submitted in the prescribed from only.
(b) The prescribed form shall be issued by the Dean, University College of Law, or a person
authorized by him, on payment of the prescribed fee.
(c) Application forms for admission shall not be issued after the last date fixed for the receipt of
such applications.
(d) Notwithstanding anything contained in sub clauses (a), (b) & (c) above, candidates whose
names are struck off the rolls for non payment of dues and who are seeking readmission on
payment of the dues in the same year in which their names are struck off need not put in an
application and their names may be restored on submitting the evidence of payment of dues
or arrears.
Note : Any application which is not received within the fixed time or is incomplete in respect of any
particulars whatsoever, is liable to be summarily rejected. It is the responsibility of the
candidate concerned to ensure that he had filled in all the columns and filed all the required
documents before the last date prescribed for the receipt of application. No correspondence
in regard to this matter shall be entertained. Acknowledgement of an application by the
4office of the College of Law does not mean that the application has been treated as
completed or that the College Office must necessarily reply or inform about the same.
Screening
8. (i) There shall be an Admission Committee constituted by the Dean consisting
of at least three members of the teaching staff of the College which shall be competent to
process the application forms and forward the list of eligible candidates for admission to the
Dean through the Head of Law Department for necessary action.
(ii) Admission cannot be claimed by any candidate as a matter of right and admission or re-
admission of a candidate shall be entirely at the discretion of the Dean who may refuse
admission to any candidate, without assigning any reason therefore.
Admission :
9. (i) Except otherwise provided, candidate shall not be admitted to the LL.B.
First, Second or Thrid Year, LL.M. Part – I, LL.M. Part – II and all the Diploma classes
conducted by this College after the last date fixed admission.
(ii) The admission of a student is liable to be cancelled if he, at any time, violates the provisions
of the University Act, Statutes, Regulations, Rules and Orders of the Officer of the College
and the University or if he is found to have been convicted of a crime or involved in any
criminal activity or, if it is discovered that he has furnished wrong information or false
documents for the purpose of his admission.
10 Fee :
Candidate, on being formally admitted/provisionally admitted to the Three Year LL.B.
Degree Course, LL.M. and All the Diploma conducted by this College shall pay the prescribed
fee by the date and time fixed in this behalf.
11. Courses of Study :
A candidate for the Degree or Bachelor of Laws shall undertake the following courses for
which the syllabus is detailed hereunder:
5SYLLABUS
LL.B. Three Year Degree Course
1. LL.B. First Year
2. LL.B. Second Year
3. LL.B. Final Year
4. Internship
Each registered student shall have to complete a minimum period of 12 weeks internship
during the entire period of legal studies in Three Years under NGO, Trial and Appellate
Advocates, Judiciary, Legal Regulatory authorities, Legislatures and Parliament, Other
Legal Functionaries, Market Institutions, Law Firms, Companies, Local Self Government
and other such bodies as the University shall stipulate, where law is practiced either in
action or in dispute resolution or in management.
6Syllabus
LL.B. First Year
Qualifying Paper :
LEGAL LANGUAGE INCLUDING GENERAL ENGLISH
Note: A Candidate has to pass the qualifying Paper - LEGAL LANGUAGE INCLUDING
GENERAL ENGLISH in three attempts with main examinations of First and Second Year
of LL.B. However if Candidate fails to qualify this paper in three attempts he will not be
promoted to LL.B. Final Year.
Compulsory Papers:
1.1 Contract - I (General Principles of Contract)
(Section 1-75 & Specific Relief)
1.2 Environmental Law
1.3 Law of Tort Including M V Accident and Consumer Protection Laws
1.4 Family Law - I (Hindu Law)
1.5 Family Law - II (Mohammedan Law)
1.6 Constitutional Law of India
1.7 Interpretation of Statutes & Principles of Legislation
Optional Paper:
1.8 (a ) Legal and Constitutional History of India
OR
(b )Criminology & Penology
Practical Paper:
1.9 Professional Ethics & Professional Accounting System
Internship: Internship of 4 weeks is compulsory for every student.
7LL.B. First YEAR
Qualifying Paper :
LEGAL LANGUAGE INCLUDING GENERAL ENGLISH
Max. Marks: 100 Min. Marks: 36
Note: The marks of this paper will not be added in computing the percentage of the
LL.B. Exam. This paper is compulsory and has to be qualified only with at least 36
marks out of 100.
(A) VOCABULARY
1. Use of Legal Phrases and terms (list of legal terms given below)
2. Pair of Words.
3. One word substitution.
4. Latin Maxims (Listed Below).
(B) COMPREHENSIVE SKILLS
1. Common Logical Fallacies
(a) Valid rules of syllogism.
(b) Syllogistic Fallacies.
2. Other type of material or verbal fallacies.
Comprehension of legal tests: Reading Materials, The prescribed leading cases.
(C) COMPOSITION SKILLS
1. U se of Cohesive devices (Legal Drafting).
2. Precise Writing.
3. Brief writing and drafting of reports; Letters and Applications.
4. Essay writing and topics of legal interest.
5. Varieties of sentence structure and verb patterns.
6. Translation (English to Hindi & Hindi to English)
List of Legal Terms which are relevant for LL.B. Students.
Abet Abstain Accomplice
Act of God Actionable Accused
Adjournment Adjudication Admission
Affidavit Amendment Appeal
Acquittal Article Assent
Attested Attornment Averment
Bail Bailment Citation
Clause Coercion Code
Congnizable Confession Compromise
Consent Conspiracy Contempt
Contingent Contraband Conviction
Convention Corporate Custody
Damages Decree Defamation
Defence Estoppel Eviction
Executive Ex-parte Finding
Floating Charge Franchise Fraud
Frustration Good Faith Guardian
Habeas Corpus Hearsay Homicide
Hypothecation Illegal Indemnity
Inheritance Bench Bill
8Bill of Rights Blockage Bonafide
By Laws Capital Punishment Charge
Chattles Justiciable Legislation
Legitimacy Liability Liberty
Licence Lieu Liquidation
Maintenance Malafide Malfiesance
Minor Misfeasance Mortgage
Murder Negligence Negotiable
Instruments Neutrality Non-feasence
Notification Novation Nuisance
Oath Obscence Offender
Order Ordinance Over-rule
De-facto De Jure Deposit
Detention Discretion Distress
Earnest Money Enact Enforceable
Equality Partition Perjury
Petition Plaintiff Pledge
Preamble Pre-emption Prescription
Presumption Privilege Privity
Prize Process Promissory note
Proof Proposal Prosecution
Provision Ratify Receiver
Redemption Reference Regulation
Remand Remedy Rent
Repeal Res-judicata Respondent
Institute Insurance Intestate
Issue Judgement Judicial
Jurisdiction Justice Restitution
Rule Ruling Schedule
Section Settlement Sovereignity
Specific Performance Stamp Duty Status Quo
Statute Stay of Execution Succession
Summons Surety Tenant
Testator Testatrix Title
Tort Trade mark Treason
Treaty Trespass Trial
Tribunal Trust Ultra vires
Undue Influence Usage Valid
Verdict Vested Violate
Vis-major Void Voidable
Wager Waiver Warrant
Warrantly Will Writ
Wrong
9LIST OF LATIN MAXIMS
1. Ab initio (from the veris beginning)
2. Action personails moritur cum persona (Personal light by action dies with the
person)
3. Actis Curace Neminem gravabit (an act of the court shall prejudice no one)
4. Actus non facit reum, nisi mens sit rea (the act itself does not constitute guilt unless
done with a guilty intent)
5. Actus reus (wrong dul set)
6. ad interim (in the mean time)
7. ad Iitam (for the suit)
8. ad valoram (according to the value)
9. Alibi (pleas of being elsewhere)
10. amicus curie (friend of the court)
11. lanimus (intention)
12. audi alteram (here the other side)
13. Caveat emptor (buyer beware)
14. Consensus all idem (agreement by two persons upon the same thing m the same
sense)
15. Damnum sine injuria (damage without injury)
16. de facto (in fact)
17. de jure ( in law)
18. de minimis non-curallax (the law takes no account of trifling matters).
19. decree nisi (a decree which takes effect after a specified period)
20. delegates non-protest delegate (a delegated power cannot be further
delegated).
21. doll in capax (in capable in malice)
22. denatio mortis causa (gift by a person on the death bad)
23. ejusdem generic (oth the same category)
24. eminent domain (the supreme rights)
25. ex-officio (by virture of an office)
26. ex-parte (not in the presence of the opposite party)
27. ex-post facto (by subsequent act)
28. factum valet (the fact which cannot be altered)
29. fait accompli ( an accomplished fact)
30. ignorentia legis neminem excusat (ignorance of law is no excuse)
31. in parti material (in an analogous case, cause of position)
32. interest re publicate ut sit finis litium (it is in the interest of the republic that
then should be an end of law suit)
33. injuria sine damnum (injury without damage)
34. intravires (within the powers)
35. jus turti (the right of a third party)
36. lis pendens (pending suit)
37. mens reaa (a guilty mind)
38. mesne profits (the profit received by a person on wrongful possession)
39. nemo dat quod non habet (no man can transfer better title than he himself has)
40. nemo degat bis vexari p;ro una et eadim cavsa (no man be twice vexed for the
same cause)
41. memo in propria cause judres esse debet (no one ought to be judge in his own
cause)
42. nile prosequi (to be unwilling to prosecute)
43. obiter dicta (an opinion of law not necessary to the decision)
44. onus probandi (the burden of proof)
45. pacta sunt servanda (pacts must be respected)
1046. pendents lite (during litigation)
47. per capita (counting heads)
48. per incuriam (through inadvertence or carelessness)
49. per stripes (by stocks)
50. planum dominium (full stocks)
51. pro bone punlico (for the public good)
52. ratio decidendi (grounds for decision, principles of the case)
53. res gestae (connected facts forming the part of the same transaction)
54. res ispa loquitur (the thing speaks for itself)
55. res judicata (a matter already adjudicated upon)
56. res nullious (an ownerless thing)
57. rule nisi (a rule or order upon condition that is to become absolute when cause
is shown to the contrary)
58. status quo (existing position)
59. sub judice (in course of adjudication)
60. sui juris (of ones own right)
61. suo moto (of ones own accord)
62. ubi jus ibi remedium (where there is a right, there is a remedy)
63. ultra vires (beyond the powers)
64. Volenti non fit injuria (risk taken voluntarily is not actionalbel)
SUGGESTED READING :
1. Glanvile William : Learning of Law
2. Wren and Martin : English Grammer
3. Ganga Sahai Sharma : Fundamentals of leal writing
4. Hindi-English Legal : Vidhi Shaitya Prakashan,
Glossory Govt. of India, New Delhi (India)
5. David Green : Contemporary English Grammer-Structure
and Composition
6. Inshtique Abidi : Law and Language
7. Venkataramia : Law Lexicon & Legal Maxims
8. Richard v. Wydict : Plain English for Lawyers
11COMPULSORY PAPERS
Paper 1.1
CONTRACT – I
GENERAL PRINCIPLES OF CONTRACT (Section 1-75 & Specific Relief Act)
Max. Marks: 100 Min. Marks: 36
Note:
a. In order to ensure that students do not leave out important portions of
the syllabus, examiners shall be free to repeat the questions set in the
previous examination.
b. Leading cases prescribed under this paper may be read whenever they are
relevant.
1. (a) Meaning, Elements and Characteristics of contract.
(b) Basis of Contract
(c) Classification of Contract, Including the standard form of contracts.
2. (a) Proposal : Meaning, Elements and Characteristics of Proposal, Distinction
between Proposal and Invitation of Proposal.
(b) Acceptance: Meaning, Mode and Characteristics of Acceptance.'
(c) Communication, Revocation & Termination of Proposal &
Acceptance.
3. Consideration:
(a) Meaning, Definition and Elements of Consideration.
(b) Unlawful consideration and object.
(c) Concept of stranger to contract & exception of privity rule.
(e) Exception to consideration.
4. Capacity to Contract:
(a) Who cannot make a Contract, Who is minor and the place of minor under
the law of Contract.
(b) Person of unsound mind, nature of contract by person of Unsound Mind.
(c) Person deprived of the capacity of contract.
5. Free Consent:
(a) Meaning of Consent and the free Consent.
(b) Factors rendering Consent not free and their effect upon the validity of
Contract.
Void Agreements:
(a) Agreements in restraint of marnage : Freedom of trade and right to initiate
legal proceedings.
(b) Agreements involving uncertainty, wager and impossibility. Contingent
Contract.
6. Certain relations resembling to those created by Contract
(Quasi -Contract).
7. Performance of Contract:
(a) Who is liable to perform joint rights and joint liability and performance of
reciprocal promises.
(b) Time, Place and Manner of Performance.
(c) Discharge from liability to perform the contract.
8. Breach of Contract :
(a) Meaning and Kinds
(b) Remedies for breach of contract-
12(1) Damages - Measure of damages and remoteness of damages
(2) Specific Performance of Contract and Injunctions under Specific Relief Act.
LEADING CASES :
1. Carlill v. Carbolic Smoke Ball Co. (1843) I.Q.B. 256.
2. Mohri Bibee v. Dharmodas Ghose, 30 : I.A. 116.
3. Satyabrate Ghosh v. Mugneeram, A.I.R. 1954, S.C. 44
4. Lalman Shukla v. Gauri Dutt (1913) 11, ALL L.J. 489
5. Bhagwan Das v. Giridhari Lal & Co., A.I.R. 1966
SUGGESTED READINGS :
1. D.F. Mulla : The Indian Contract Act
(Student Edition)
2. T. R. Desai : The Indian Contract Act Sale of Goods
Act & Partnership Act.
3. Pollock & Mulla : Indian Contract Act the Sale of Goods
Act & Partnership Act.
4. Atiyah P.S. : An Introduction to the law of Contract.
5. Pollock : Principles of the Law of the Contract.
6. Pollock & Mulla : Indian Contract Act and Relief Act.
7. V.G. Ramchandra : The Law of Contract in India.
8. P.R. Desai : Principles of Law of Contracts.
9. Avtar Singh : Law of Contract
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13. R.L. Bhatt : lafonk fof/k
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13Paper 1.2
ENVIRONMENTAL LAW
Max. Marks: 100 Min. Marks: 36
Note :
a. In order to ensure that students do not leave out important portions of the
syllabus, examiners shall be free to repeat the questions set in the previous
examination.
b. Leading cases prescribed under this paper may be read whenever they are
relevant.
1. The Environment (Protection) Act, 1986 - Objects and reasons of the act,
Definition - General Powers of the Central Government to issue directions,
Prevention, control and Abatement of Environmental pollution ; Penalties and
Procedure. Standards for emission or discharges of environmental pollutants.
2. The Air (Prevention & Control of Pollution) Act, 1981 Application of the Act,
Definitions - Constitution, Powers and Functions of Central and State Boards for
Prevention and Control of Air Pollution. Powers of the State Government;
Penalties and Procedures; Rules and Procedures.
3. The Water (Prevention and Control of Pollution) Act, 1974 - Application of the
Act, Definitions - Constitution, Powers and Functions of Central and State
Boards, Joint Boards for Prevention and Control of Water Pollution; Power of
State Governments; Penalties and Procedures,
4. Law relation to prevention and control of air, water and noise pollution in
Rajasthan, excluding rules, a,b,c as under:
(a) The Rajasthan Water (Prevention & Control of Pollution) Rules, 1975
(b) The Rajasthan Water (Prevention & Control of Pollution) Appeal Rules, 1977
(c) The Rajasthan Air (Prevention & Control of Pollution) Rules, 1983.
(d) The Rajasthan Noise Control Act. 1963 - Judicial activism to protect
environmental pollution.
LEADING CASES :
1. Bhopal Gas Disaster Case.
2. Rural Litigation & Entitlement Kendra Dehradun v. State of U.P., AIR 1985, SC
652.
3. Mehta, M.C. v. Union of India, AIR 1986, SC.
4. Mehta, M.C., v. Union of India, AIR 1988, SC.
5. Indian Council for Enviro-Legal Action v. Union of India, AIR 1966 SC. 1446
(fcNMh
dsl)
6.M.C. Mehta v. Union of India, AIR 1988 S.C. 1037
SUGGESTED READINGS:
1. The Water (Prevention & Control of Pollution) Act. 1974 as amended up- to-
date
2. The Air (Prevention & Control of Pollution) Act, 1981 as amended up-to-date
3. The Environment (Protection) Act, 1986.
4. The Rajasthan Noise Control Act, 1963
5. Goyal, Sunil ; Porwal, Sunil and Maheshwari. K.G. - Manual of Pollution control
Laws in India, 1988.
6. Lal's Comments on Water and Air Pollution Laws, 1986
7. Jain, Suresh & Jain, Vimla - Environmental Law in India.
8. Gurbax Singh Karkara - Environment & Pollution Laws.
14Paper 1.3
LAW OF TORT INCLUDING M V ACCIDENT AND CONSUMER PROTECTION
LAW
Max. Marks: 100 Min. Marks: 36
Note:
a. In order to ensure that students do not leave out important portions of the
syllabus, examiners shall be free to repeat the questions set in the previous
examination.
b. Leading cases prescribed under this paper may be read whenever they are
relevant.
1. Definition, Nature, Scope, Objects and Elements of Tort, Maxims, Extinction or
discharge of tortious Liability, joint Tort-feasors.
2. General defences of Tortious Liability.
3. Vicarious Liability, Doctrine of Common Employment, State Liability, Absolute or
strict Liability.
4. Remedies, Kinds and Measures of damages. Remoteness of damages.
5. Torts to person. Assault, Battery, False Imprisonment & Torts relation to property,
negligence, nuisance, nervous shock, Interference with contract or business,
intimidation, conspiracy, deceit or fraud, malicious prosecution, defamation.
6. The Protection Act, 1986. as amended by The consumer Protection
(Amendment) Act, 2002
7. Motor Vehicles Act, 1988 M.V. Accident Protection Law
• Liability without fault in certain cases (Chapter 10)
• Insurance of Motor Vehicles against third party risk (Chapter 11)
• Claim Tribunals (Chapter 12)
LEADING CASES :
1. State of Rajasthan v. Ms. Vidhyawati, A.I.R., 1962, S.C. 983
2. Wagon Mound's Case (1961), W.L.R. 121.
3. Rylands v. Fletcher, 1868, L.R. 3, H.L. 330
4. Donoghue v. Stevenson (1932), A.C. 562
5. National Insuance v. Swaran Singh & Ors. ACTC 2004, Page 7.
BOOKS FOR STUDY :
1. Ratan Lal : The English and Indian Law of Torts.
2. B.S. Sinha : Law of Torts
3. Winfield : Law of Torts
4. Ramaswami lyer : Law of Torts
5. Salmond : Law of Torts
6. Street : Law of Torts
7. G.S. Karkara : Contributory Negligence
8. Gurbax Singh : Law of Consumer Protection
9. P. Leelakrishnan : Consumer Protection and Legal Control
10. Avtar Singh : Law of Consumer Protection
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15Paper 1.4
FAMILY LAW – I (HINDU LAW)
Max. Marks: 100 Min. Marks: 36
Note :
a. In order to ensure that students do not leave out important portions of the
syllabus, examiners shall be free to repeat the questions set in the previous
examination.
b. Leading cases prescribed under this paper may be read whenever they are
relevant.
1. Hindu Law: Sources, Who are Hindu and to whom Hindu Law apply, Schools and
application, Coparcenary, Joint Family Property and Self Acquired Property; Karta
and his powers and obligation, Religious and Charitable Endowments - Essentials of
an endowments kinds, shebait and mahant.
2. The Hindu Marriage Act, 1955 : as amended
3. The Hindu Succession Act, 1956 : as amended
4. The Hindu Adoption and Maintenance Act, 1956 : as amended
5. The Hindu Minority and Guardianship Act, 1956 : as amended
6. Partition Under Hindu Law : Meaning, Property for partition, Persons entitled to sue
for partition and allotment of shares, partition how effected, determination of shares,
Re-opening of partition. Reunion; Debts-Doctrine of pious obligation Antecedent
debts.
LEADING CASE:
1. Githa Hariharan v. Reserve Bank of India AIR 1999 S.C. 1149
2. Guru Nath v. Kamla Bai, A.I.R. 1955, S.C. 280.
3. Gopal Rao v. Sitharamamma, A.I.R. 1964, S.C. 1970
4. Angurbala Mullick v. Deabrata Mullick, 1951, S.C.R. 1125
5. Sawan Ram v. Kalawati, A.I.R. 1967, S.C. 1761
BOOKS FOR STUDY :
1. Shriniwas, M.M. : Principles of Hindu Law
2. Raghavacharya : Hindu Law – Principles & Precedents.
3. Mulla : Principles of Hindu Law
4. Derrett. J.D.M. : Modern Hindu Law
5. P. Dewan : Modern Hindu Law
6. Tahir Mohmood : Hindu Law
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8. ikjl nhoku : vk/kqfud fgUnq fof/k
9. UPD Kesari : Hindu Law
16Paper 1.5
FAMILY LAW – II (MOHAMMEDAN LAW)
Max. Marks: 100 Min. Marks: 36
Note :
a. In order to ensure that students do not leave out important portions of the syllabus,
examiners shall be free to repeat the questions set in the previous examination.
b. Leading cases prescribed under this paper may be read whenever they are relevant.
1. Mohammedan Law : Origin, Development, Sources, Schools, Application,
Interpretation and Conversion.
2. Marriage: Nature of marriage, Essential of marriage, Khyar-ul-bulugh, Iddat,
Khilwat-ul-sahiha, Matrimonial stipulations, Kinds of marriage and effects of
marriage.
Mahr : Meaning, Nature, Kinds, Objects and Subject matter, Wife's rights on non-
payment of dower.
Dissolution of marriage: Talaq, ila, Zihar, Talaq-e-tafweez, Mubarat, Khula, Lien,
Faskh, Section 2 of the dissolution of Muslim Marriage Act, 1939, Legal effects of
divorce.
Guardianship: Appointment of guardian, Kinds of guardianship
3. Pre-emption: Meaning, Nature and Classification of Haq Shufa (Pre-emption),
Rights of pre-emption, conflict of laws, subject matter and formalities of pre-
emption, legal effects of pre-emption, Devices for evading pre-emption.
Gift: Meaning and requisities of gift (Hiba); Gift of Musha, Conditional and future
gifts, Life estate, Life interest, Hiba-bil-ewaz, Hiba-bil-Shartul-ewaz,
4. Will (Vasiyat) : Competence of testator and legatee valid subjects of will :
Testamentary limitations, Formalities of a will and abatement of legatee.
Legitimacy and acknowledgement : Legitimacy and legitimation Presumption of
legitimacy under Muslim Law and Section 112 of the Indian Evidence Act,
conditions of a valid acknowledgement.
Maintenance : Person entitled to maintenance, Principles of maintenance, The
Muslim Women (Protection of Rights on Divorce) Act, 1986.
Death Bed Transactions: Meaning and effect of Marj-ul-maut
5. Waqf: Meaning, essentials and kinds, Beneficiaries of Waqf. The Waqf Validating
Act, 1913 and 1939. Formalities for creation of Waqf. Waqf of musha, Muslim
religious institutions and officers Administration of waqfs, Mutawally
Inheritance : General principles of law of inheritance, doctrine of Aul and Rudd
under Hanafi and Shia Law.
17LEADING CASES :
1. Maina Bibi v. Chaudhary Vakil Ahmed, 2, LA. 145
2. Immambandi v. Mustsaddi (1918), 45, LA. 71
3. Amjad Kha v. Ashraf Khan, 56, LA. 218
4. Shah Bano Begum v. Mohammad Ahmed Khan
5. Jafree Begum v. Amin Mohammed Khan, 7, All 822.
BOOKS FOR STUDY:
1. Mulla : Principles of Mohammedan Law
2. Fayzee. A.A.A. : Mohammedan Law
3. Akil Ahmed : Muslim Vidhi
4. Verma, B.R. : Islamic Law
5. Amir Ali : Mohammedan Law
6. 'kekZ] ds- ih- : eqfLye fof/k
7. gQhtqZjgeku : eqfLye fof/k
8. oekZ] ch- ,y- : eqfLye fof/k
9. vdhy vgen : eqfLye fof/k
18Paper 1.6
CONSTITUTIONAL LAW OF INDIA
Max. Marks: 100 Min. Marks: 36
Note :
a. In order to ensure that students do not leave out important portions of the
syllabus, examiners shall be free to repeat the questions set in the previous
examination.
b. Leading cases prescribed under this paper may be read whenever they are
relevant.
1. Introductory: Salient features of the constitution; Federalism: Preamble, Citizenship
& State; Fundamental rights, directives principles and fundamental duties.
2. Union and State Executive: President, Governor - Election, appointment, powers,
position, council of ministers, Prime Minister, Parliamentary system of Government
Union and State Legislative; Lok Sabha, Rajya Sabha, Vidhan Sabha & Vidhan
Parishad - Composition; Speaker, Chairman, Privileges, Legislative procedure.
3. Union: State Judiciary - Supreme Court & High Court, Composition & Powers, Writs.
Union - State Legislative Relationship - Distribution of Legislative Powers;
Administrative & Financial Relationship.
4. Services under the union and the state constitutional protection of civil servants;
Public Service Commission of the Union & States. Article 300-A - Property Rights:
Freedom of trade, Commerce and Inter-course; State Liability in contracts and torts,
Suits by and against the State.
5. (a) Emergency provisions - National, State and Financial.
(b) Amendment of the Constitution - Constitutionality of ordinary law and
amendment laws, Judicial review of amendment and the doctrine of basic structure -
Major amendments and their constitutional values.
LEADING CASES :
1. Menaka Gandhi v Union ofIndia, A.I.R. 1973, S.C. 597
2. In Re under Article 143 Constitutional Law of India, A.I.R. 1965, S.C. 745
3. Khyerbari Tea Co. Ltd. v. State of Assam, A.I.R.1964, S.C. 521
4. Union ofIndia v. Tulsi Ram Patel, A.I.R., 1985, S.C. 1416
5. Minerva Mill v. Union of India, 1980, 2SCC page 591
BOOKS FOR STUDY :
1. Dayal : Constitutional Law of India
2. D.D. Basu : An Introduction to the Constitution of India
3. M.P. Jain : Constitutional Law of India
4. Shukla, V.N. : Constitution of India
5. Paras Diwan : Constitution of India
6. M.C. J. Kagzi : Constitution of India (Hindi English)
Constitution of India as Amended Upto date.
7. B.K. Sharma : Introduction of Constitution of India
8. B.K. Sharma : Hkkjrh; lafo/kku & ,d ifjp;
9. xaxklgk; 'kekZ : Hkkjrh; lafo/kku
10. t;ukjk;.k ik.Ms : Hkkjr dh laoS/kkfud fof/k
19Paper 1.7
INTERPRETATION OF STATUES & PRINCIPLES OF LEGISLATION
Max. Marks: 100 Min. Marks: 36
Note:
a. In order to ensure that students do not leave out important portions of the
syllabus, examiners shall be free to repeat the questions set in the previous
examination.
b. Leading cases prescribed under this paper may be read whenever they are
relevant.
INTERPRETATION OF STATUES
Meaning of Interpretation - Basic principles of interpretation: Intention of the
Legislature: Statute should be read as a whole, Literal or grammatical interpretation
Harmonious Construction, Golden and Mischief Rule - Utres magis quam valeat quam
pereat.
Aids to Interpretation - (a) External - Parliamentary - Legislative debates,
Statement of objects and reasons Dictionary, Statutes in Peri-materia,
Contemporanea expositio
(b) Internal- Title, Preamble, Heading, Marginal Notes, Proviso and Punctuation.
Principle of Interpretation of Constitution and Penal and Fiscal Statues.
Delegatus non-protest delegate, Ejusdem Generies, Pith and Substance Rule.
Expression uniusest exclusion alterius. Non-obstance clause, Mandatory and
Directory provision Noscitur a Sociis, Redendo do Singula Singulis Operation, Expiry
and Repeal of Statutes.
Principles of Legislation
SEGGESTED READING :
1. G.P. Singh : Interpretation of Status
2. Swarup J. : Interpretation of Statutes
3. Bindra : Interpretation of Statutes
4. Sarathi : Interpretation of Statutes
5. Bhatacharya T. : Interpretation of Statutes (English & Hindi)
20Paper 1.8
(A) Legal and Constitutional History of India
Max. Marks: 100 Min. Marks: 36
a. In order to ensure that students do not leave out important portions of the
syllabus, examiners shall be free to repeat the questions set in the previous
examination.
b. Leading cases prescribed under this paper may be read whenever they are
relevant.
1. Importance of necessity of legal history : Charter of 1726 and establishment of Mayor’s Court ;
Charter of 1753 ; The Regulating Act, 1773. The Supreme Court of Calcutta, Bombay and
Madras Act of Settlement, 1781 : Nand Kumar Trial, Patna case Cosijurah case.
2. The beginning to the adalat system : The judicial plan of 1772 and 1774 introduced by warren
hasting. Judicial reforms of Cornwallis and william bentick.
3. The high court : Dual judicature before 1861 : Indian high court act 1861 ; Privy Council ;
Federal Court, and good consciences, Development of Criminal Law. Codification of Law, Law
Commission, Legislative Council, First, Second and Third Law Commissions. The Lex Loci
Report.
4. Goverenment of India Act, 1858 and 1892 Act of 1909 : Morley Minto reforms, Government of
India Act, 1919
5. Simmon Commission, Round Table Conference : Federalism – Nature and Characteristics under
Government of India Act, 1953 ; Provincial Autonomy, Cabinet Mission ; Crips Mission ; Indian
Independence Act, 1947 ; Abolition of jurisdiction of Privy Council ; Constituent Assembly – Its
formation, working, contributions.
LEADING CASES :
1. Trial of Raja Kumar, 1775
2. Patna Case, 1777-79
3. Cossijurah Case, 1789-90
4. Kamaluddin Case, 1775
SUGGESTED BOOKS :
1. Jain, M.P. : Outlines of Indian Legal History (Hindi & English)
2. Keith A.B. : Constitutional History of India (Chapter VII, VIII, X,
XI, XII)
3. Banerjee : The making of the Indian Constitution
4. Mahajan, V.D. : Constitutional History of India
5. Sinha, B.S. : Legla & Constitutional History of India
6. Kulshrestha. : Land marks in Indian legal and Constitutional
7. Bhansali, S.r. : Legal System of India
21OR
Paper 1.8
(B) CRIMINOLOGY AND PENOLOGY
Max. Marks: 100 Min. Marks: 36
Note:
1. In order to ensure that students do not leave out important portions of the
syllabus, examiners shall be free to repeat the questions set in the previous
examination.
2. Leading cases prescribed under this paper may be read whenever they are
relevant.
1. Criminology: Definition, Nature and Scope, Methods of studying, importance and
classification of crime. Criminal Behaviour:
(i) Explanations.
(ii) Psychological Theories - Alcoholism and Drugs.
Crime and Social Process : Economic Motivation, Socio-cultural motivations, home and
community influences, White collar crime, Female offender, Juvenile Delinquency,
Influence of mass-media.
2. Schools of Criminological Thoughts (Factors in Causation of Criminal Behaviour)
(1) Ancient School
(a) Demonological
(b) School of Free will
(2) Classical School
(3) Cartographic or Ecological School
(4) Socialistic School
(5) Typological School
(a) Italian or Positive School
(b) Mental Testors School
(c) Psychiativists School
(7) Multi - Factor School
Control of Crime : Police and Law Courts : Prison System Re-socializations of the
offender, Rehabilitation of discharged prisoners in the administration of Criminal
Justice, Prevention of crime delinquency.
3. Definition of Punishment, Relationship between Criminology and Penology;
Theories of Punishment; Expiatory, Preventive and Reformative and purposes of
punishment. Penal Science in India: History of Punishment, Pre-c1assical School -
Classical School, Neo-c1assical positive school, The reformers, Clinical school and
multiple Causation approach.
4. Kinds of Punishment : Modes of treatment of offenders, Corporeal punishment,
Transportation of Criminals, Capital punishment, Imprisonment, Reactional
treatment, Probation, Parole, Compensation, Admonition, Treatment of habitual
juvenile, sex and adolescent offenders, indeveminita sentences, Borstal school,
Criminal Procedural Jurisprudence.
5. Constitutional Guarantees - Principle of Natural Justice as applicable to
procedural law, Protection to arrested persons, Under-trials, detenue and
convicted persons. Double jeopardy and self-incrimination, rights to life and legal
aid.
6. Cyber Crime
22LEADING CASES :
1. Gura Singh v. State of Rajasthan, 1984, Cr. W 1423 (1428)
2. Bandhua Mukti Morch v. Union of India, AIR (1984) SC 802
3. rancis Coralie Mullin v. Union Territory Delhi, AIR, (1981) SC 746
4. R.K. Garg v. Union of India (1981) 133 ITR 239
5. Mithu Singh v. State of Punjab, Air 1983, SC 473
SUGGESTED READINGS:
1. Barnes, H.B. & Teeters : New Horizons in Criminology
2. Vold, G.S. : Theoretical Criminology
3. Pillai, K.S. : Criminology
4. R. Taft. Donald : Criminology
5. Edwin H. Sutherland : Principles of Criminology
6. Horman, Mannheim : Pioneers in Criminology
7. Hon, Barren, Mays : Crime and the Social Structure
8. Ahmed Siddiqui : Criminology - Problems & Perspectives
9. Lord Pakehnam : Causes of Crimes
10. S. Venugopalan Rao : Facts of Crime in India
11. Korm R.R. : Criminology and Penology
12. Grunhu : Penal Reforms
13. Mandholm : Criminal Justice and Reconstruction
14. Gorden Rose : The struggle for penal Reform
15. I.L.I. : Essays on Indian Penal Code
16. Ben : Penology - Old and New - Tagore Law
Lectures
17. Elliott : Confliction Penal Theories in Statutory
Criminal Law
18. Shamsul Huda : Tagore Law Lectures on Criminal Law
19. Lawburse : Crime, Its Cause and Remedies
20. Dequires : Modern Theories of Criminology
21. Gillin : Criminology and Penology
22. Beccaria : Crime and Punishment
23. N.V. Paranjape : vijk/k'kkL= ,oa n.M iz'kklu
24. M.S. Chauhan : vijk/k'kkL= ,oa vkijkf/kd foKku
fl)kar
23Paper 1.9
Practical Paper
PROFESSIONAL ETHICS & PROFESSIONAL ACCOUNTING SYSTEM
Max. Marks: 100 Min. Marks: 36
This paper shall consist of following two parts :
Part A. Practical Written Paper - 80 marks
Part B. Viva-voce Examination - 20 marks
The candidate must pass in both parts (a) and (b) separately. For Pass, he will be
required to obtain 36% marks in each part, i.e. 29 marks out of 80 and 7 marks out of 20
marks.
PART – A
Practical Written Paper 80 marks
(a) The Advocate, 1961
(b) Bar Council Rules
(c) The Contempt of Court Act, 1971
Legal Aid : Legal Aid under the –
(a) Constitution
(b) Cr. P.C.
(c) C.P.C
Objects, Role of Committee for implementation of Legal Aid Schemes
(CILAS)-
Legal Aid & Law School
Legal Aid & Voluntary Organization
Legal Aid & Legal Profession
The Legal Services Authorities Act, 1987.
Functions of National Legal Services Authority, State Legal Services
Authority and District Legal Services Authority and District Legal Services
Authority
(e) 50 Selected opinions of the Disciplinary Committees of Bar Council of
India and 10 major judgements of the Supreme Court on the subject.
Part – B 20 Marks
VIVA – VOCE
Students are required to write two opinions of the Disciplinary Committee
Council of India and Two major Judgements of the Supreme Court of India on the
Subject. Further they have to attend legal aid camp and have to report the same in their
diary.
The Viva-voce examination shall be conducted by a committee of three persons. In the
Committee, there shall be two Internal Examiners and one External Examiner. The
Committee shall award marks on the basis of written submission by the students and
performance in the Viva-Voce examination.
24LEADING CASES :
1. Parmanand Sharma v. Bar Council of Rajasthan, AIR 1999 Raj. 171
2. H.V. Panchaksharappa v. K.G. Eshwar, 2000 DNJ (SC) 350
3. Dhook Singh v. State of Raj., 1999 WLC (Raj.) UC 727
[ (WLC equal Western Law Cases (unreported cases)]
4. D.P. Chadha v. Triyugi Narain Mishra, AIR 2001, SC 457
5. Ranveer Singh v. State of Rajasthan, 2001 (4) WLN 429
6. Bandhua Mukti Morcha v. Union of India (1984 3 SCC 161
7. Olga Tellis v. Bombay Municipal Corporation (1985) 3 SCC 545
8. Sukhdas v. Union Territory of Arunachal Pradesh, AIR 1986 SC 928
9. Sheel Barse v. State of Maharashtra, AIR 1988 SC 378
SUGGESTED READINGS :
1. Anirudh Prasad : Professional Ethics
2. Kailash Rai : Legal Ethics
3. R.L. Rathi : o`frd vkpkj lafgrk
4. P.N. Bhagwati : Legal Aid as a Human Right
5. Sujan Singh : Legal Aid – Human Right of Equality
6. S.S. Sharma : Legal Assistance to Poor
7. P.N. Bajpayee : Legal Aid & the Bar Council
25LLB . Second Year
Compulsory Papers :
2.1 Jurisprudence
2.2 Law of Crimes
2.3 The Law Relating to Transfer of Property and Easement
2.4 Law of Contract – II (Indian Contract Act, Indian Partnership Act, Sale of Goods
Act and Specific Contracts)
2.5 International Law and Human Rights)
2.6 Labour and Industrial Laws
2.7 Law of Taxation
Optional Paper :
2.8 (a) Insurance Laws
OR
(b) Banking Law and Negotiable Instruments Act
Practical Paper :
2.9 Alternate Dispute Resolution
Internship : Internship of 4 weeks is compulsory for every student
26COMPULSORY PAPERS
Paper 2.1
JURISPRUDENCE
Max. Marks: 100 Min. Marks: 36
Note :
a. In order to ensure that students do not leave out important portions of the
syllabus,
examiners shall be free to repeat the questions set in the previous examination.
b. Leading cases prescribed under this paper may be read whenever they are
relevant.
CONTENTS
Jurisprudence - Definition, Nature and Scope.
(i) Importance of Jurisprudence, (ii) School of Jurisprudence : Analytical, Historical
anc Sociological including American Realism and Natural Law School and
Kelson's pure theory of Law.
Nature of Law : Definition - Austin, Salmond, Holland, Gray, Hart,
Law & Morality:
Sources of Law : Meaning, Kinds
(A) Custom: Definitions, Kinds Essentials of legal custom; Importance of custom; .
(B) Judicial Precedents : Definition, Kinds, ratio decidendi obiter dicta; Declaratory
theory of precedent; judge - made law theory,
(C) Legislation: Definition, Kinds, comparison between legislation and other sources
of law.
Concept of Law : (1) Person: Nature of personality: kinds, corporate personality and
it kinds, theories of corporate personality; legal persons and punishment.
(2) Rights and Duties: Nature of Rights and Duties; corelation of Rights and Duties;
Kinds of Rights and duties.
(3) Property; Definition and Kinds.
(4) Ownership and Possession: (A) Meaning of Ownership: Kinds, Definition of
Ownership by Austin and Salmond, (B) Relation between Ownership and Possession.
Importance of Possession : Elements of corporeal possession and problems :
Theories of possession ; Salmond and Savigny.
(5) Negligence ;
(6) Criminal liability.
SUGGESTED READINGS :
1. Salmond : Jurisprudence
2. Dias & Huges : Jurisprudence
3. Dhyani’s S.N. : Fundamentals of Jurisprudence
4. Mahajan, V.D. : Jurisprudence and Legal theory
5. ijkatis] ,u- oh- : fof/k 'kkL=
6. vfu:) izlkn : fof/k 'kkL= ds ewy fl)kar
7. Agarwal & Raizada : Some Thoughts on Modern Jurisprudence.
8. R.D. Yadav : Glimpses of Jurisprudence
27Paper 2.2
LAW OF CRIMES
Max. Marks: 100 Min. Marks: 36
Note :
a. In order to ensure that students do not leave out important portions of the
syllabus,
examiners shall be free to repeat the questions set in the previous examination.
b. Leading cases prescribed under this paper may be read whenever they are
relevant.
1. General Principles of Criminal Law.
2. The Indian Penal Code, 1860 : Territorial Jurisdiction, Stages of Crime: Doctrine
of Mens era; Inchoate crimes - Preparation, attempt, General Explanation; Public
Servant, Movable Property-Wrongful gain and wrongful loss ; Dishonesty
Fraudulently, Reason to believe, Counterfeit ; Valuable Security, 'Act' and
'Omission', Voluntarily, Injury, Good faith, Illegal Injury, Offence, Document
Harbour, Judge.
3. Punishments-
4. General Exceptions : (A) Mistake of Facts and Mistake of Law, Judicial Act
Accident, Act done without criminal intention and to prevent other harm; Act of
person of unsound mind, Act of intoxicated person.
(B) Acts done with consent, Act done in good faith without consent
Communication made in good faith, Acts done under compulsion, Act causing
slight harm; Right of Private defence.
5. Joint Liability : Common intention, Common object, Abetment, Criminal
Conspiracy, Constructive Liability.
6. Offences Affecting Public Peace & State Authorities: Unlawful assembly
Rioting, Affray. Public Servants, Taking gratification other than legal
remuneration in respect of official act, False evidence, giving false evidence,
Fabricating false
evidence, Sedition, Public nuisance.
7. Offences Affecting the Human Body: Culpable homicide, Murder, Criminal
negligence and rashness, Attempt to commit murder and suicide miscarriage
hurt, Grievous hurt, Voluntary restraint and wrongful confinement Force and
criminal force, Assault, Kidnapping and abduction.
288. Offences Against Property : Theft, Extortion, Robbery, Dacoity, Criminal
misappropriation of property, Criminal breach of trust, receiving stolen property
cheating, mischief, criminal trespass. house breaking.
9. Offence relating to Document: Forgery, making a false document.
10. Offences relating to Sex and Marriage : Rape, Sexual offences, Unnatural
offence, Adultery, Bigamy.
11. Offences affecting Personal Peace and Reputation Defamation, Criminal
Intimidation, Criminal Insult.
LEADING CASES:
1. R.V. Mc. Naughton (1843), 10 Cal, & F. 200, 4st, Tr. (N.S.) 847.
2. Reg. v. Govinda, 1876, I Born. 42.
3. Kedar Nath v. State of Bihar, AIR 1962, SC 955.
4. Tapti Prasad v.K.E., 1917, 15 A.L.J. 590.
5. K.M. Nanavati v. State of Maharashtra, AIR 1962 SC 605
SUGGESTED READINGS :
1. Nigam, R.C. : n.M fof/k
2. Ratan lal Dhiraj Lal : The Indian Penal Code (St.
Ed.)
3. Nigam, R.C. : Principles of Criminal Law
(English & Hindi)\
4. Shamshual Huda : Principles of Criminal Law
5. Hari Singh Gaur : Penal law of India.
6. T. Bhattacharya : Indian Penal Code
(English & Hindi)
7. Amar Singh Yadav : Indian Penal Code (Hindi)
8. Raja Ram Yadav : Indian Penal Code (Hindi)
29Paper 2.3
THE LAW RELATING TO TRANSFER OF PROPERTY AND EASEMENT
Max. Marks: 100 Min. Marks: 36
Note :
a. In order to ensure that students do not leave out important portions of the
syllabus,
examiners shall be free to repeat the questions set in the previous
examination.
b. Leading cases prescribed under this paper may be read whenever they are
relevant.
Transfer of Property Act, 1882-
1. Preliminary : Definition, Essentials of Transfer, Competence of Parties,
Subject matter of transfer, Transfer to unborn person, Rule against
perpetuity Registration of Transfer, etc. General Rules of Transfer:
(a) Restraint on alienation absolute or partial, Restraint of free enjoyment
Covenants affecting enjoyment, divesting on insolvency, perpetuities,
Future
estates, Doctrine of acceleration. Accumulation of income, exceptions
Covenants and Transfers, General Rules of Transfer,
(b) Conditional Transfer Condition Precedent, Condition subsequent,
Vested and contingent interest.
2. Election, Priority of rights, Notice, Implied transfers by limited owners,
Transfer of property out of which maintenance claims have to be met,
Ownership by holding out, Ownership by estoppel, Doctrine of part
performance. Feeding the grant by estoppel Fraudulent Transfer, Transfer
of Property pending suit.
3. Mortgage and Charge : Kinds of Mortgage, Rights and Liabilities of
Mortgage and Mortgagees Priority, Marshalling, Contribution &
Subrogation.
4. Sale, Exchange, Lease, Gift, Actionable Claims.
5. Easements : Essentials of Easements, Imposition Acquisition, Incidents
Disturbance, Extinction, Suspension and Revival of Easement, Licence,
Difference Between Lease and Licence.
30LEADING CASES :
1. Raj Cooar Koondoo & Others v. John & Maria Mequeen (1873) 11 Beng. L.R. 46
(P.C.)
2. Manak Lal v. H.J. Ginwala & Sons, AIR 1953, SC
3. Phool Kure v. Prem Kure, AIR 1952, SC 307.
4. Chunchun Jha v. Sheikh Ebadat Ali & Others, AIR se 345.
5. Radha Krishan v. Rine J. Prasad S. Prasad, AIR 1966, Raj 219.
SUGGESTED READINGS :
1. The Transfer of Property Act (Act IV of 1882) as amended upto-date.
2. Mulla : Transfer of Property Act, 1882
3. Joshi : The Indian Easements Act
(Act V of 1882).
4. Manon, A.K. : The Law of Property.
5. Sarthi, V.P. : Law of Transfer of Property.
6. Shukla, S.N. : Transfer of Property Act.
7. Saxena, I.C. : Transfer of Property Act.
8. Bhansali & Sharma : Transfer of Property Act. (Hindi)
9. Kulshrestha, J.N. : Transfer of Property Act. (Hindi)
10. Tripathi, J.P. : Transfer of Property Act. (Hindi)
31Paper 2.4
LAW OF CONTRACT – II
(Indian Contract Act, Indian Partnership Act, Sale of Goods Act and Specific
Contracts)
Max. Marks: 100 Min. Marks: 36
Note :
1. In order to ensure that students do not leave out important portions of the
syllabus, examiners shall be free to repeat the questions set in the previous
examination.
2. Leading cases prescribed under this paper may be read whenever they are
relevant.
Contract of Indemnity and Guarantee:
(a) Meaning, Distinction between indemnity and guarantee and kinds
aguarantee.
(b) Rights of Indemnity holder.
(c) Rights of the surety, Extent of the Liability of the surety.
(d) Discharge of liability of the surety.
2. Contracts of Bailment and Pledge :
(a) Meaning & Kinds of Contract of Bailment – Bailment without
consideration.
(b) Rights and Duties of Bailee and Bialer.
(c) Termination of Contract of Bailment.
(d) Position of the finder of the goods under law.
(e) Contract of Pledge – Meaning and definition, Pledge by Unauthorised
Persons.
3. Contract of Agency :
(a) Definition, Kinds and Modes of creation of Agency.
(b) Relation between –
(i) The Principal and the Agent
(ii) The Principal and Third Party
(iii) The Agent and the Third Party
(c) Determination of Agent’s authority -
(i) By act of Parties ; and
(ii) By operation of Law – Irrevocable Authority.
4. Contract of Sale of Goods :
(a) Sale – Meaning, Definition and Elements.
(b) Agreement of Sell, Hire- Purchase, Agreement and a Contract and a
Contract for work and labour- meaning and distinction from sales.
(c) Goods – Existing, Future and Contingent.
(d) Condition and Warranties.
(e) Passing of Property and Risk from seller to buyer.
(f) Sale by Unauthorised person.
(g) Law relating to performance of sale.
(h) Rights of unpaid seller.
5. Contract of Partnership :
(a) Meaning, Definition, Formation & the Characteristics of Contract.
32(b) Distinction between –
(i) Co-ownership & Partnership
(ii) Joint Hindu Family Firm and Partnership
(iii) Company and Partnership
(c) Position of Minor
(d) Relation interse of Partners and relation of partners with third parties.
(e) Registration of Partnership Firm.
(f) Dissolution of Partnership & of firm.
LEADING CASES :
1. Amrit Lal Goverdhan Lallan v. State Bank of Travancore, A.I.R. 1960, S.C.
1432.
2. Patnaik & Col. v. State of Orrisa, A.I.R. 1965, S.C. 1955.
3. State of Gujarat v. Mamon Mohd. A.I.R. 1967, S.C. 1885
4. Gheru Lal Pareekh v. Mahadeo Das Munja, A.I.R. 1959. 1959, S.C. 781
5. Cox v. Hickman, 1860, HLC
BOOK FOR STUDY :
1. Atiyah, P.S. : An Introduction to the Law of Contract.
2. Pollock & Mullah : Indian Contract and Specific Relief Act.
3. V.G. Ramchandra : The Law of Contract in India, Law of Agency.
4. Desai, S.T. : The Law of Partnership in India and Pakistan
5. Agarwal ,D.P. : The Indian Partnership Act, 1932.
The Sale of Goods Act, 1930
6. Kapoor, N.D. : Merchantile Law
7. Avtar Singh : Law of Partnership; Principle of the Law of Sale of
Goods.
8. Avtar Singh : lafonk fof/k
9. I.C. Saxena, : lafonk fof/k
R.L. Novalakha
10. Kapoor, S.K. : lafonk fof/k
11. R.L. Bhatt : okf.kT; fof/k
12. Kailash Rai : lafonk fof/k
13. Dr. Y.S. Sharma : lafonk fof/k
14. ;equk 'kadj “kekZ : Hkkxhnkjh fof/k
33Paper 2.5
PUBLIC INTERNATIONAL LAW AND HUMAN RIGHTS
Max. Marks: 100 Min. Marks: 36
Note :
a. In order to ensure that students do not leave out important portions of the
syllabus, examiners shall be free to repeat the questions set in the previous
examination.
b. Leading cases prescribed under this paper may be read whenever they are
relevant.
1. Definition, Nature and Basis of International Law. Weakness of International
Law Codification and Development of International Law. Relation between
International Law and Municipal Law, Subjects of International Law,
Nationality, Extradition and Asylum.
2. Recognition of States and Governments, Recognition of Insurgency and
Belligerency de-facto and dejure recognition, State succession; State
jurisdiction ; Territorial jurisdiction, Criminal jurisdiction in International
Law, Intervention.
3. Diplomatic agents, Counsels, Classification and Function of Diplomatic agents
privileges and Immunities with reference to Vienna Convention on Diplomatic
Relation, 1961 Treaties, Definition Basis, Classification and Formation of
treaties, Interpretation and Revision of treaties, Principles of jus cogens and
pecta sunt servenda, termination of treaties, Vienna Convention on he law of
treties, Pacific and Compulsive means of settlement of International Disputes.
4. War, its legal character and effects, Enemy character, Armed conflicts and
other hostile relations Belligerent occupation, War crimes, Termination of war
and doctrine of post liminium and Prize courts.
5. The Law of Neutrality: Basis of Neutrality, Rights and duties of neutral states,
quasi-neutrality, neutrality and U.N. Character, Right of Angary, Contraband,
Blockade, Unneutral service, Right of visit and search.
6. International Institution : United Nations, History and information of
United Nations, Organs of United Nations with specific reference to general
Assembly Security Council and International Court of Justice.
7. Human Rights : Meaning, Universal Declaration of Human Rights, 1948
International Covenants on Civil and Political Rights, 1966, International
conventions on Economic, Social and Cultural Rights, 1966. Regional
34Conventions on Human Rights, Right of Women and Child, Protection of
Human Rights Act, 1993.
LEADING CASES :
1. The S.S. Lotus P. (1) 1927 Series, ANOP
2. The Carfu Channel Case (Merits) ICJ Rep. 1949, p.4
3. Haya De La Torre Case of Asylum Case ICJ Rep. (1905) p.266
4. West Rand Central Gold Miningg Co. v. The King (1905) p. K.B. 391
5. The Zamora Case, 1916, 2 A.C. 77.
SUGGESTED READINGS :
1. Stark : An Introduction to International law
2. Oppenheim : International Law, Vol. I and II
3. Breirly : The Law of Nations
4. S.K. Kappor : International law (English & Hindi)
5. Tandon, M.P. : International law (English & Hindi)
6. Rabertson, A.H. : Human Rights in the World
7. Khare, S.C. : Human Rights and united Nations
8. Basu, D.D. : Human Rights in Constitutional Law
9. Nagendra Singh : Protection of Human Rights
10. Satish Chandra : International Documents on Human Rights
11. Daiya, K.C. : Human Rights Jurisprudence
12. Karkara, G.S. : Commentary on Protection of Human Rights Act.
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