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Saurashtra university Llb 2019 /2020 Syllabus
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Saurashtra University Syllabus Semester One No. Course Code Course Name Marks Credit 1 190101 Law of Contract 100 5 2 190102 Constitutional Law – I 100 5 3 190103 Law of Torts including M.V. Act and Consumer Protection Act.
4 190104 Law of Crimes – I (Indian Penal Code) 100 5 5 190105 Banking Laws 100 5 6
Foundation/Soft Skill : Constitutional History of India 100 2
2.2 Free consent- its need and definition, Effects of force, coercion & undue influence on contract. 2.3 Mistake: definition - kinds - fundamental error mistake of law and of fact - their effects. 2.4 Legality of objects: 2.4.1 unlawful Agreements: kinds and effects thereof 2.4.2 Void Agreement, Uncertain Agreements, Wagering Agreements, Illegal & Void Agreements UNIT- 3
3. DISCHARGE OF CONTRACT & QUASI-CONTRACT: 3.1 Various modes of discharge of contract and effect thereof 3.2 Anticipatory Breach of Contract 3.3 Impossibility of performance - specific ground of frustration-application to leases- leases- theories of frustration-effect of frustration and restitution, by period of limitation. 3.4 Rescission and alteration - their effect - remission and waiver of performance - extension of time - accord and satisfaction 3.5 Quasi-contract or certain relation resembling those created by contract, Quantum Meruit. **UNIT- 4
Specific Relief, Universal Law House.
2.1 Under Article 12 and Judicial Approach. Meaning of Law under Article 13. 2.2 Right to Equality and Protective Discrimination, Equality of Opportunity in the matter of Public Employment. 2.3 Freedoms Guaranteed to Citizens of India under Article 19 and reasonable Restrictions. 2.4 Right against Exploitation, Abolition of Untouchability and titles. 2.5 Right of Self- Incrimination and Principle of Double Jeopardy. 2.6 Constitutional Remedy for the Enforcement of Fundamental Right ( writ remedies under article 32, distinction from writ under article 226) UNIT- 3
3. FUNDAMENTAL RIGHTS – II 3.1 Right to Life and Personal Liberty, due Process of Law ( Article 21) 3.2 Safeguards against Arbitrary Arrest and Detention. 3.3 Right to Freedom of Religion and Secularism. 3.4 Prohibition of Traffic in Human beings and Forced Labour. 3.5 Prohibition of Employment of Children in Factories Act. 3.6 Right to Education ( Article 21 and Article 21 A and its developments) Cultural and Educational Right: Articles 29 and 30. **UNIT- 4
2.4 Torts affecting person &property: Nuisance, Negligence, Fraud 2.5 Third party liability of owner under the Motor Vehicles Act. UNIT- 3
3. PRINCIPLES OF LIABILITY IN TORTS AND LEGAL REMEDIES: 3.1 Principle of strict liability: Ryland V/s. Fletcher case with exceptions 3.2 Principle of Absolute Liability: Bhopal Gas Disaster case and Shree Ram Food case. 3.3 Remoteness of damage - foresee ability and directness Injunction Specific restitution of property. 3.4 Extra-legal remedies - self - help, re-entry on land, re-caption of goods, distress damage feasant. **UNIT- 4
3.2 Right of Private Defence: Justification and limits 3.3 when private defends extends to causing of death to protect body and property? 3.4 Necessity 3.5 Mistake of facts UNIT- 4
4. OFFENCE RELATING OF PUBLIC TRAN QUALITY: 4.1 Unlawful Assembly 4.2 Rioting 4.3 Affray 4.4 Distinction between Common Object & Common Intention **UNIT- 5
7.1 Theft & Extortion, Robbery and Dacoity, Distinction between them, receiving and disposing of stolen Property & other related offences 7.2 Criminal Misappropriation, Criminal Breach of Trust, Mischief 7.3 Cheating: Types, Forgery and Making False documents 7.4 Defamation: Exceptions 7.5 Criminal Intimidation UNIT- 8
8. OFFENCES AGAINST WOMEN: 8.1 Rape: Custodial Rape, Relevancy of Consent, 8.2 Intercourse by man with his wife: When Rape, Un-natural offence 8.3 Dowry Death, Cruelty by Husband or Relatives of Husband 8.4 Offences relating to marriage. 8.5 Outraging modesty and annoyance of woman. SUGGESTED READING:
3.1 Recovery of Debt due to Banks and Other Financial Institution Act. 3.1.1 Amount of Debt, who can Initiate Litigation. 3.1.2 Procedure to Recover Debt under the Act. 3.1.3 Debt Recovery Tribunal: Constitution, Powers and Jurisdiction. 3.1.4 Power of the Recovery Officer. 3.1.5 Provision of Appeal. 3.2 Securitisation and reconstruction of financial assets and enforcement of security interest (sarfaesi) act , 3.2.1 Object and Reasons of the Act. 3.2.2 Main Provisions of the Act. 3.2.3 Issues Covered under the Act. UNIT- 4
4. NEGOTIABLE INSTRUMENT ACT. SUGGESTED READING:
1.1 What is Constitution? 1.2 Historical Background 1.3 Motilal Nehru Report on Simon Commission 1.4 Muslim League Demand and Poona Pact, 1932 (Communal Award) 1.5 Government of India Act, 1935: 1.5.1 Federal Government 1.5.2 Federal Court 1.5.3 Provincial Autonomy 1.5.4 Provincial Government 1.5.5 All India Federation 1.5.6 Dyarchy at the Centre 1.5.7 Federal Legislature Provincial Legislature 1.5.8 Distribution of Power between centre and provinces 1.5.9 Special Provisions for Minority 1.5.10 Abolition of Indian Council UNIT- 2
2. IMPORTANT CONSTITUTIONAL DEVELOPMENTS BEFORE FRAMING OF CONSTITUTION OF INDIA: (TOWARDS INDEPENDENCE): 2.1 Round Table Conferences 2.2 The Cripps Mission, 1942 2.3 Cabinet Mission 2.4 C. Rajagopalachari’s Formula, 1944 2.5 Wavell Plan and Simla Conference, 1945 2.6 Attlee’s Statement (1947) 2.7 Mountbatten Plan, 1947 **UNIT- 3
Saurashtra University Syllabus Semester Two No. Course Code Course Name Marks Credit 1 190201 Special Contract 100 5 2 190202 Constitutional Law - II 100 5 3 190203 Property Law 100 5 4 190204 Environment Law 100 5 5 190205 Information Technology Laws and Cyber Crimes. 100 5 6 190206 Foundation/Soft Skill : Use of Internet in Legal Education and Legal Software
This course is to be taught after the students have been made familiar with the general principles of contract in which the emphases is on understanding and appreciating the basic essentials of a valid contract and on the existence of contractual relationship in various instances. Obviously, a course on special contracts should initiate the students to different kinds of contracts with emphasis on the intricacies therein. This course also should provide an insight into the justification for special statutory provisions for certain kinds of contracts. SALLYBUS : UNIT - 1
1. INDEMNITY AND GUARANTEE: 1.1 Indemnity: concept, Need for Indemnity, definition. 1.2 Method of creating Indemnity obligation. 1.3 Commencement, Nature and extent of liability of the Indemnifier. 1.4 Situation of various type of Indemnity creation, Document/ agreement of Indemnity, Nature of Indemnity clauses 1.5 Guarantee: Concept, essentials for a valid guarantee contract 1.6 Rights & Liabilities of Surety. **UNIT - 2
