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LAW THREE YEARS
FIRST SEMESTER
Constitutional Law-I
Course-I
Time: 3 hours Max Marks=
NOTE:
i) Ten questions shall be set with two questions from each unit. The candidates shall be required to attempt five questions in all, selecting one question from each unit. ii) All questions shall carry equal marks.
Paper- I
Unit-I
- Nature of Indian Constitution
- Preamble
- Union and its Territory (Arts 1-4)
- Citizenship (Arts 5-11)
- Definition of State (Art 12)
Unit-II
- Judicial Review (Article 13)
- Right to Equality (Article 14)
- Prohibition on grounds of Religion, Race, Caste, Sex, Place of Birth (Article
- Equality of Opportunity in Public Employment (Article 16)
- Abolition of Untouchability and Titles (Articles 17-18)
Unit-III
- Basic freedoms (Article 19)
- Protection in respect of conviction for offences (Article 20)
- Right to Life and Personal Liberty (Article 21)
- Safeguards against arbitrary arrest and detention (Article 22)
Unit-IV
- Right against exploitation (Articles 23-24)
- Freedom of Religion (Articles 25-28)
- Cultural and Educational Rights of Minorities (Articles 29-30)
- Constitutional Remedies (Articles 32-35)
Unit-V
- Directive Principles of State Policy and their relation with Fundamental Rights (Articles 36-51)
- Fundamental Duties (Article 51-A) 3 Right to Property (Article 300-A) 4 Facts and Law laid down in Maneka Gandhi V Union of India AIR 1978 SC
5 Facts and Law laid down in Indira Sawhney V Union of India AIR 1993 SC 477
Books Recommended:
- Austin Granville- The Indian constitution: Cornerstone of a Nation.
- Seervai H.M. - Constitution of India
- Jain M.P. – Indian Constitutional Law
- Shukla V N- Constitution of India (ed. By M.P. Singh)
- Basu D.D. – Shorter Constitution of India
Law of Tort including Motor Vehicle Accidents and Consumer Protection
Laws
Course: III
Time= 3 Hours Marks=
Note:
(i) Ten questions shall be set with two questions from each unit. The candidates shall be required to attempt five questions in all, selecting one question from each unit. (ii) All questions shall carry equal marks
Unit-I Nature and Definition of Tort General conditions of tortuous liability Defenses in an action for tort- Volenti non fit injuria , inevitable accident, Act of God, Necessity, Statutory Authority.
Unit II Trespass to person-Battery, Assault and False imprisonment. Trespass to reputation- Malicious prosecution, Defamation.
Unit III Torts affecting movable property- Trespass to goods, Detenue and Conversion. Torts affecting immovable property-Trespass to land, Trespass ab initio , Nuisance Negligence including Contributory negligence and Composite negligence,
Unit IV Strict and Absolute liability Vicarious liability – Mater’s liability including the liability of the State. Civil liability for Mass disasters, nuclear radiation, Fire, Bomb explosion, Riots and Collapse of structures.
Unit V Compensation under the Motor Vehicle Act,1988- Compulsory Insurance- Provisions relating to Third Party Risks- Chapter XI(Sections 145-164);Provisions regarding the “no fault liability”(Sections 140 -144);Claims Tribunal and Award of Compensation(Sections 165-175) Consumer Protection Act, 1986-Mains provisions- Section 2,Consumer Redressal Agencies- Constitution, Powers and procedures, Remedies and Penalties.
Books Recommended 1.R.K. Bangia, Law of Torts. 2.Salmond and Heuston, Law of Torts. 3.Winfield, Law of Tort. 4.Rattanlal Dhiraj Lal, Law of Torts. 5.Avtar Singh, Law of Consumer Protection.
Law of Crimes-I (Indian Penal Code, 1860)
Course-IV
Time: 3 Hours Max. Marks=
The aim of the paper is to acquaint the students with the basics of the law of crimes (IPC) so that they can critically analyze and present the various offences defined in the Panel Code.
NOTE Ten questions shall be set with two questions from each of the Units. The students are required to attempt five questions in all selecting one from each unit. All questions carry equal marks.
Unit-I
- Elements of Crime: Actus Reas & Mensrea
- Joint & Constructive Liability (SS 34-39 and S.149)
- General Defences I: Mistake (SS 76 & 79), Accident (S.80), Necessity (S.81), Intoxication (S 85 & 86), Triviality (S.95)
- General Defences II Insanity (S.84), Consent (SS 88-92), Private Defence (S.96-106)
Unit-II
- Abetment (SS 107-120)
- Criminal Conspiracy (SS 120A, 120 B)
- Attempt (SS 511, 307, 309)
- Rioting & Affray (SS 146-148, 159-160)
Unit-III
- Culpable Homicide & Murder (SS 299, 300, 302, and 304)
- Hurt & Grievous Hurt (SS 319-325)
- Wrongful Restraint & Wrongful Confinement (SS 339-342)
- Kidnapping & Abduction (SS 359-362)
- Rape & Unnatural Offences ((SS 375 & 377)
Unit-IV
- Theft (SS 378& 379) Extortion (SS 383& 384), Robbery & Dacoity (390-395)
- Criminal Misappropriation of Property & Criminal Breach of Trust (SS 403-
- Cheating (SS 415-420)
- Mischief (SS 425-426)
- Criminal Trespass (SS 441-448)
Unit-V
- Cruelty & Dowry Death (S 498 A & 304 B)
- Bigamy & Adultery (SS 494, 495, 497)
- Outraging the Modesty of Women (S 354)
- Defamation (SS 499-500)
Labour and Industrial Law
Course-V
Time: 3 Hours Marks= 100
NOTE:
v) Ten questions shall be set with two questions from each unit. The candidates shall be required to attempt five questions in all, selecting one question from each unit. vi) All questions shall carry equal marks.
Unit-I Minimum Wages Act 1948. Object of Minimum Wages, Different Concepts of wages, living wages, minimum wages, fair wages, procedure for fixing and revising minimum wages.
Unit-II Trade Union Act 1926 Definition of a trade union, legal status of a registered trade union, incorporation and registration of trade union, cancellation of registration of trade union, rights and liabilities of registered trade union, privileges and immunities of registered trade union, dissolution of a trade union.
Unit-III Industrial Disputes Act 1947 Definitions of Industry, Industrial Dispute and Workman, authorities under the Act, works committee, conciliation Officer, Board of conciliation, Labour Court, Industrial Tribunal, National tribunal and Arbitration, Strike, Lock out, Lay Off, Retrenchment. Unit-IV Workmen’s Compensation Act 1923 Definition of total and partial disablement, workman, employer, dependent, employer’s liability for compensation, authorities for adjudication of disputes under workmen’s compensation Act.
Unit-V Factories Act 1948 Definition of factory, worker, hazardous process, manufacturing process, Health and Cleanliness provisions, safety and provisions relating to hazardous process, welfare of workers, employment of children and adolescents.
SECOND SEMESTER
Constitutional Law-II
Course-VI
Time: 3 hours Max Marks=
NOTE:
vii) Ten questions shall be set with two questions from each unit. The candidates shall be required to attempt five questions in all, selecting one question from each unit. viii) All questions shall carry equal marks.
Unit-I
- Qualifications and Election of President of India
- Resolution of disputes regarding the election of President
- Procedure for Impeachment of President
- Powers and Position of President and relationship with Council of Ministers
- Power and position of a Governor of State and relationship with Council of Ministers
Unit-II
- Composition of Parliament and qualification of its members
- Disqualification of Members of Parliament
- Procedure for passing of Bills
- Principle of collective responsibility
- Parliamentary Privileges
Unit-III
- Appointment of Chief Justice of India and other Judges of Supreme Court
- Jurisdiction of Supreme Court
- Appointment and Transfer of Judges of High Courts
- Jurisdiction of High Courts
- Independence of Judiciary
Unit-IV
- Relation between Union and States a) Legislative Relation b) Administrative Relation c) Financial Relations
- State Liability in Torts and Contracts
- Freedom of Trade, Commerce and Intercourse within the Territory of India
Unit-V
- Services under the Union and the States
- The Emergency provisions
Administrative Law
Course-VII
Time: 3 Hours Marks: 100
NOTE:
ix) Ten questions shall be set with two questions from each unit. The candidates shall be required to attempt five questions in all, selecting one question from each unit. x) All questions shall carry equal marks. Unit-I
- Evolution, nature and scope of administrative law
- Conceptual objections against the growth of administrative law: rule of law and separation of powers
- Classification of administrative actions
Unit-II
- Delegated legislation: reasons for its growth and constitutionality.
- Control mechanism over delegated legislation: a) Judicial b) Legislative c) Procedural
- Sub-delegation; conditional legislation; and retrospectivity of delegated legislation.
Unit-III
- Principles of natural justice: a) rule against bias, and b) rule of fair hearing.
- Exclusion of natural justice
- Effect of breach of principles of natural justice.
Unit-IV
- Judicial review of administrative action: a) constitutional jurisdictions (Articles 32, 136, 226, and 227) b) statutory jurisdictions (suits for damages, injunction and declaration)
- Exclusion of judicial review: scope of ouster clauses
- Ombudsman
Unit-V Right to information Act, 2005 (SS.1-20)
- Right to information; request for obtaining information; disposal of the request; third party information; exemptions from disclosure.
- Designation of Public Information Officers; constitution of Central and State Information Commissions; their powers and functions.
- Appeal and Penalties.
Cyber Law & Crimes
Course-VIII
Time: 3 Hours Max. Marks=
The aim of the paper is to acquaint the students with fundamentals of Cyber Law and train them for corporate sector as well as legal practice.
NOTE The questions shall be set with two questions from each of the units. The students are required to attempt five questions in all, selecting one from each unit. All questions carry equal marks.
Unit-I Introduction
- History & Evaluation of Cyber Law
- Cyber Law Jurisprudence
- Meaning & Definitions: Cyber Law, Cyber Crime, Computer Crime, Information Technology Offences, Encryption, Computer System.
- White collar Crimes: Definition, Kinds, Causes and Judicial Attitude. Unit-II E-Commerce
- Sailent Features of the Information Technology Act, 2000. 2 Formation and System of Digital Contract 3 Digital Signature & Electronic Governance (SS3-10, IT Act) 4 Role & Functions of Certifying Authority (SS 11-39 of the Act)
Unit-III Cyber Crimes:
- Cyber Crimes Affecting Individual: Privacy Violation, Identity Theft, Cyber Stalking.
- Cyber Crimes Affecting Economy: Hacking, Virus and Malicious Programmes, Computer Sabotage, Computer extortion, Computer Fraud, Forgery and Counter feting, Economic Espionage, Electronic Money Laundering & Tax Evasion, Cyber Squatting.
- Crimes Affecting Security: Cyber Terrorism, Cyber Warfare
- Miscellaneous: Spamming, Cyber Defamation, Obscenity, Child Pornography.
Unit-IV Digital Evidence & Prevention of Cyber Crimes
- Offences under the IT Act (SS 65 to 78)
- Penalties under the IT Act (SS 43 to 47)
- Digital Evidence, amendments to Indian Evidence Act: Relevancy of opinion on Digital signature, Special Provisions on Evidence Relating to Electronic record, proof as to Digital Signature & its verification, presumptions regarding Electronic Records, Digital Signature Certificates.
Environmental Law
Course-IX
Time 3 Hours Marks=
Note: i) Ten questions shall be set with two questions from each unit. The candidates shall be required to attempt five questions in all, selecting one question from each unit. ii) All questions shall carry equal marks.
Unit-I Definition of Environmental Pollution, causes, sources and effects of Pollution in General and brief. Definition, Meaning and Nature of Environmental Law.
Unit-II The Environment (Protection) Act 1986. Definitions (Section 2), General Powers of Central Government (Sections 3-6), Prevention, control and Abatement of Environment Pollution (Sections 7-17), Miscellaneous Provisions (Sections 18-26).
Unit-III Water and Air Pollution. Water (Prevention and control of Pollution) Act, 1974 Definition (Section 2), The Central and State Boards for Prevention and Control of Water Pollution (Sections 3-12), Joint Boards (Sections 13-15), Powers and Functions of Boards (Sections 16-18), Prevention and Control of Water Pollution (sections 19- 33A), Funds accounts and Audit (sections 34-40), Penalties and Procedures Sections 41-50), Miscellaneous- Provisions (Sections 51-64). Workings and Defects of the Act of 1974. Air (Preventions and Control of Pollution Act, 1981. Definitions, Sources and Effects of Air Pollution, Central and State Boards for the prevention and control of Air Pollution (section3-15), Powers and functions of Boards, (Sections 16-18), Prevention and Control of Air Pollution (Sections 19-31A), Funds, Accounts and Audit (sections 32-36), Penalties and Procedures including Miscellaneous Provisions (sections 37-54), the Facts and the Principle of Law laid down in the case of M.C. Mehta Vs. Union of India (1997), 2 SCC 353 (Taj Mahal Case). Init-IV Noise Pollution. Concept of Noise Pollution, sources and Effects of Noise Pollution, Legal and Judicial Controls. The Wild Life (Protection) Act 1972. Definitions (Section 2), Authorities under the Act (sections 3-8), Hunting of Wild Animals (Sections 9-12), Protections of Specified Plants (Sections 17-A – 17H) Sanctuaries, National Parks and Closed Areas (Sections 18-38), Central Zoo Authority and recognition of Zoos (Sections 38A-38J) Trade or Commerce in Wild
Animals, Animal Articles and Trophies (Sections 39-49). Prohibition of Trade or Commerce in Trophies etc. (Sections 49A-49C), Prevention and Detection of Offences (sections 50-58).
Unit-V Environmental Pollution. Remedies and Procedures. Tort Law Public Nuisance and Remedies under Criminal Law Constitutional Provisions and Writ jurisdiction Citizens Suit Provisions: Public Interest Litigation and Judicial Activism. Remedies under National Environmental Tribunal Act 1995.
Books Recommended:
- Kailash Thakur, Environmental Protection Law and Policy in India, (deep and Deep, New Delhi)
- Paras Diwan, Environmental Administration – Law and Judicial Attitude, Vols. I&II (1192)
- S. Aggaral, Legal Control of Environmental Pollution.
- R.G. Chaturvedi, Law on Protection of Environment and Prevention of Pollution.
THIRD SEMESTER
Law of Crimes-II (The Code of Criminal Procedure, 1973)
Course-XI
Time: 3 Hours Marks:
NOTE:
xi) Ten questions shall be set with two questions from each unit. The candidates shall be required to attempt five questions in all, selecting one question from each unit. xii) All questions shall carry equal marks.
Unit-1: Definition of summon case, warrant case, investigation, Inquiry, Trial and complaint. Constitution and Powers of Criminal Courts and offices, Arrest, Escape and Re- taking
Unit-II: Process to compel appearance and production of things and search for person wrongfully confined Security for keeping peace and good behaviour
Unit-III: Maintenance of Public order and Tranquillity Information to the police and their powers to investigate
Unit-IV: Complaints to Magistrates and Commencement of Proceedings before Magistrate. The Change and Procedure for framing charge. Trial of Summons and Warrant Cases by Magistrates. Unit-V: Summary trials, Plea Bargaining and Provisions as to Bails and bonds
Suggested Readings :
- Rattan Lal Dhiraj Lal; the code of Criminal Procedure ( Student edition)
- R.V. Kelkar’s; Criminal Procedure code.
- D.D Basu; Criminal Procedure code. Vol. 1 and II.
- Woodroffe commentaries on code of criminal procedure, 2 Volumes.
- K.N.Chandrashekharan Pillai (ed.) Kellkar; s Lectures on Criminal Procedure.
- S.C.Sarkar: The Law of Criminal Procedure
Family Law-II
Course-XII
Time: 3 Hours Marks: 100
Note: v) Ten questions shall be set with two questions from each unit. The candidates shall be required to attempt five questions in all, selecting one question from each unit. vi) All questions shall carry equal marks.
Unit-I Mitakshara Hindu joint Family: Composition, Structure and Characteristics, Joint Family Property Classification-Unobstructed heritage, Obstructed heritage, Ancestral Property, Separate Property, Joint Acquisitions and Accretions, Points of Distinction between the Mitakshara Hindu Joint Family and Dayabhaga Hindu Joint Family.
Unit-II Hindu Law of Partition: Who can make, Subject matter of partition, Persons who have a right to partitions and Persons who are entitled to a share on partition, How partition is effected? Rules relating to distribution of property and modes of partition, Reopening of Partition and Re-union. Position, status, Liability and Powers of the Karta in the Hindu Joint Family.
Unit-III Hindu succession Act 1956 Definitions, Succession to the Property of a Male Hindu- Legal heirs and their Classification, Succession to the property of a Mitakshara Hindu; Women’s Property, Succession to the property of a Hindu Female; General Provisions Relating to succession, Disqualifications of heirs, Testamentary Succession.
Unit-IV Muslim Law of Gift: Who can make a valid gift? Essential requirements of a valid gift; Subject mater of gift, Gift of Musha-Exceptions thereof, Revocation of gifts under Shia and Sunni Law.
Unit-V General Principles of Inheritance of Muslim Law Excluding able of Heirs. Wills; Who can make a will? Subject matter of a will; Restrictions on the powers of a Muslim to make a will; Abatement of Legacy; Creation of Life Estates and its validity; Revocation of Wills.
Books Recommended:
- Paras Diwan Modern Hindu Law.
- Badrudin Tayyabji, Mohammedan Law.
- Fyzee, Outlines of Mohammedan Law.
- Paras Diwan, Muslim Law.
Public International Law
Course-XIV
Time: 3 Hours Marks: 100
Note: ix) Ten questions shall be set with two questions from each unit. The candidates shall be required to attempt five questions in all, selecting one question from each unit. x) All questions shall carry equal marks.
Unit-I Definitions, Nature and Basis of International Law, Sources of International Law; Relationship between International Law and Municipal Law and Subjects of International Law.
Unit-II Nature of State, State Territory and Modes of acquisition and loss of State Territory; Recognition; State Succession, Intervention.
Unit-III Position of Individual in International Law, Nationality; Extradition. Asylum; Diplomatic Agents and Treaties.
Unit-IV Settlement of international Disputes between States: War: Definition and Effect and Modes of Termination of War; Prisoners of war and war crimes.
Unit-V Law of the Sea, Outerspace, Territory of moon, Antarctica, International Terrorism, Comprehensive Test ban Treaty.
Books Recommended:
- J.G. Starke, Introduction to International Law.
- S.K. Kapoor, International Law.
- Arjun Dev and Others (ed.), Human Rights- A Source Book, Published by N.C.E.R.T., 1996.
- Mrs. S.K. Verma, Introduction of International Law.
- Aggarwal, International Law.
Jurisprudence (Legal Method, Indian Legal System, & Basic Theory of
Law)
Course-XV
Time= 3 Hours Marks=
Note: xi) Ten questions shall be set with two questions from each unit. The candidates shall be required to attempt five questions in all, selecting one question from each unit. xii) All questions shall carry equal marks.
Unit-I A. Meaning, nature, scope and Utility of Jurisprudence. B. Philosophy of Jurisprudence: The Indian Scenario. C. Philosophical School of Law: Greek, Roman, and Indian Legacy.
Unit-II A. American Realism B. Imperative School C. Pure Theory of Law D. Sociological School
Unit-III A. Custom B. Legislation C. Precedent D. Equity
Unit-IV A. Rights and Duties B. Possession C. Ownership D. Personality
Unit-V A. Sociology of Law B. Relationship between Law and Morality: Controversy of Hart and Fuller C. Law of Obligation.
Books Recommended
- Edgar Bodenheimer : Jurisprudence
- R.W.M. Dias : Jurisprudence
- W Friedman : Legal Theory
- P.N. Sen : Hindu Jurisprudence
- G.W. Paton : A Text Book of Jurisprudence.
- Julius Stone : Stone on Jurisprudence.
