LL.B - Bachelor of Laws
LL.B - Latin: Legum Baccalaureus (Bachelor of Laws)
π« Osmanial University - Hyderabad
TITLE | Count |
---|---|
Courses | 30 |
Labs | 02 |
Internship | 02 |
Total | 34 |
Year - I
# | Semester I | # | Semester II |
---|---|---|---|
1 | LAW OF CONTRACTβI | 1 | LAW OF CONTRACTβII |
2 | FAMILY LAWβI (Hindu Law) | 2 | FAMILY LAW-II (Muslim Law & Other Personal Laws) |
3 | CONSTITUTIONAL LAW-I | 3 | CONSTITUTIONAL LAW-II |
4 | Law of Torts Including Motor Vehicle Accidents & Consumer Protection Laws | 4 | LAW OF CRIMES |
5 | ENVIRONMENTAL LAW | 5 | LAW OF EVIDENCE |
Year - II
# | Semester III | # | Semester IV |
---|---|---|---|
1 | JURISPRUDENCE | 1 | PUBLIC INTERNATIONAL LAW |
2 | LAW OF PROPERTY | 2 | INTERPRETATION OF STATUTES |
3 | ADMINISTRATIVE LAW | 3 | LAND LAWS |
4 | COMPANY LAW | 4 | INTELLECTUAL PROPERTY LAW |
5 | LABOUR LAW βI | 5 | LABOUR LAW βII |
6 | Internship |
Year - III
# | Semester V | # | Semester VI |
---|---|---|---|
1 | CIVIL PROCEDURE CODE & LAW OF LIMITATION | 1 | LAW OF TAXATION |
2 | CRIMINAL PROCEDURE CODE, LAW OF JUVENILE JUSTICE & PROBATION OF OFFENDERS | 2 | INFORMATION TECHNOLOGY LAW |
3 | LAW OF BANKING & NEGOTIABLE INSTRUMENTS | 3 | LAW RELATING TO WOMEN |
4 | ALTERNATE DISPUTE RESOLUTION | 4 | MOOT COURTS, OBSERVATION OF TRIAL, PRE-TRIAL PREPARATIONS & INTERNSHIP |
5 | PROFESSIONAL ETHICS & PROFESSIONAL ACCOUNTING SYSTEM | 5 | DRAFTING, PLEADINGS & CONVEYANCING |
6 | ALTERNATE DISPUTE RESOLUTION (P) | ||
7 | PROFESSIONAL ETHICS & PROFESSIONAL ACCOUNTING SYSTEM (P) | ||
8 | Internship |
Semester Iβ
1. LAW OF CONTRACTβIβ
Unit-I:
Definition BOOK essentials of a valid Contract - Definition BOOK essentials of a valid Offer - Definition BOOK essentials of valid Acceptance - Communication of Offer BOOK Acceptance - Revocation of Offer BOOK Acceptance through various modes including electronic medium - Consideration - salient features - Exception to consideration - Doctrine of Privity of Contract - Exceptions to the privity of contract - Standard form of Contract.
Unit-II:
Capacity of the parties - Effect of Minor's Agreement - Contracts with insane persons BOOK persons disqualified by law - Concepts of Free Consent - Coercion - Undue influence - Misrepresentation - Fraud - Mistake - Lawful Object β Immoral agreements BOOK various heads of public policy - illegal agreements β Uncertain agreements - Wagering agreements - Contingent contracts - Void BOOK Voidable contracts.
Unit-III:
Discharge of Contracts - By performance - Appropriation of payments - Performance by joint promisors - Discharge by Novation - Remission β Accord BOOK Satisfaction - Discharge by impossibility of performance (Doctrine of Frustration) - Discharge by Breach - Anticipatory Breach - Actual breach.
Unit-IV:
Quasi Contract - Necessaries supplied to a person who is incapable of entering into a contract - Payment by an interested person - Liability to pay for nongratuitous acts - Rights of finder of lost goods β Things delivered by mistake or coercion - Quantum merit - Remedies for breach of contract - Kinds of damages β liquidated BOOK unliquidated damages BOOK penalty - Duty to mitigate.
Unit-V:
Specific Relief - Recovering possession of property - Specific performance of the contract - Rectification of instruments - Rescission of contracts - Cancellation of instruments-Declaratory Decrees-Preventive Relief-Injunctions - Generally β Temporary BOOK Perpetual injunctions - Mandatory & Prohibitory injunctions β Injunctions to perform negative agreement.
Booksβ
- Anson: Law of Contract, Clarendon Press, Oxford.
- Krishnan Nair: Law of Contract , S.Gogia & Co., Hyderabad.
- G.C.V. Subba Rao: Law of Contract, S.Gogia & Co., Hyderabad.
- T.S.Venkatesha Iyer: Law of Contract, revised by Dr.V.Krishnama Chary, S. Gogia & Co.
- Avatar Singh: Law of Contract , Eastern Book Company, Lucknow.
FAMILY LAWβI (Hindu Law)β
Unit-I:
Sources of Hindu Law β Scope BOOK application of Hindu Law β Schools of Hindu Law - Mitakshara BOOK Dayabhaga Schools β Concept of Joint Family, Coparcenary, Joint Family Property BOOK Coparcenary Property β Institution of Karta- Powers BOOK Functions of Karta - Pious Obligation - Partition β Debts BOOK alienation of property.
Unit-II:
Marriage - Definition - Importance of institution of marriage under Hindu Law β Conditions of Hindu Marriage β Ceremonies BOOK Registration β Monogamy β Polygamy-Recent Trends in the institution of marriage.
Unit-III:
Matrimonial Remedies under the Hindu Marriage Act, 1955 - Restitution of Conjugal Rights β Nullity of marriage β Judicial separation β Divorce β Maintenance pendente lite β importance of conciliation- Role of Family Courts in Resolution of matrimonial disputes.
Unit-IV:
Concept of Adoption β Historical perspectives of adoption in India β In country BOOK inter country adoptions - Law of Maintenance - Law of Guardianship β The Hindu Adoption BOOK Maintenance Act, 1956 β The Hindu Minority BOOK Guardianship Act 1956.
Unit-V:
Succession β Intestate succession β Succession to the property of Hindu Male BOOK Female; Dwelling House β The Hindu Succession Act, 1956 as amended by the Hindu Succession (Andhra Pradesh Amendment) Act, 1986 & the Hindu Succession (Amendment) Act, 2005 β Notional Partition β Classes of heirs β Enlargement of limited estate of women into their absolute estate β Daughterβs right to inherit ancestral property BOOK impact of recent changes in law.
Booksβ
- Paras Diwan : Modern Hindu Law, Allahabad Agency, Delhi.
- Paras Diwan : Family Law, Allahabad Agency, Delhi.
- Mayne: Hindu Law - Customs BOOK Usages , Bharat Law House, New Delhi.
- Sharaf: Law of Marriage BOOK Divorce.
- G.C.V. Subba Rao, Family Law in India, S. Gogia & Company, Hyderabad.
- Mayneβs Treatise on Hindu Law & Usage, Bharath Law House.
- Y.F. Jaya Kumar, Horizons of Family Law in India-Select Essays(2017) , Spandana Publications, Secunderabad
CONSTITUTIONAL LAW-Iβ
Unit-I:
Constitution-Meaning & Significance - Evolution of Modern Constitutions - Classification of Constitutions- Indian Constitution - Historical Perspectives - Government of India Act, 1919-Government of India Act, 1935-Drafting of Indian Constitution - Role of Drafting Committee of the Constituent Assembly
Unit-II:
Nature & Salient Features of Indian Constitution - Preamble to Indian Constitution - Union & its Territories-Citizenship - General Principles relating to Fundamental Rights(Art.13) - Definition of State
Unit-III:
Right to Equality(Art.14-18) β Freedoms & Restrictions under Art.19 - Protection against Ex-post facto law - Guarantee against Double Jeopardy - Privilege against Self-incrimination - Right to Life & Personal Liberty - Right to Education β Protection against Arrest & Preventive Detention
Unit-IV:
Rights against Exploitation - Right to Freedom of Religion - Cultural & Educational Rights - Right to Constitutional Remedies - Limitations on Fundamental Rights(Art.31-A,B & C)
Unit-V:
Directive Principles of State Policy β Significance β Nature β Classification - Application & Judicial Interpretation - Relationship between Fundamental Rights & Directive Principles - Fundamental Duties β Significance β Judicial Interpretation
Booksβ
- M.P.Jain, Indian Constitutional Law, Wadhwa & Co, Nagpur
- V.N.Shukla, Constitution of India, Eastern Book Company, Lucknow
- Granville Austin, Indian Constitution-Cornerstone of a Nation, OUP, New Delhi
- H.M.Seervai, Constitutional Law of India (in 3 Volumes), N.M.Tripathi, Bombay
- G.C.V.Subba Rao, Indian Constitutional Law, S.Gogia & Co., Hyderabad
- B.Shiva Rao: Framing of Indiaβs Constitution (in 5 Volumes), Indian Institute of Public Administration, New Delhi
- J.N.Pandey, Constitutional Law of India, Central Law Agency, Allahabad
LAW OF TORTS INCLUDING MOTOR VEHICLE ACCIDENTS AND CONSUMER PROTECTION LAWSβ
Unit-I:
Nature of Law of Torts - Definition of Tort - Elements of Tort - Development of Law of Torts in England & India - Wrongful Act & Legal Damage β Damnum Sine Injuria & Injuria Sine Damno - Tort distinguished from Crime & Breach of Contract - General Principles of Liability in Torts - Fault - Wrongful intent - Malice - Negligence - Liability without fault - Statutory liability - Parties to proceedings.
Unit-II
General Defences to an action in Torts β Vicarious Liability - Liability of the State for Torts β Defence of Sovereign Immunity β Joint Liability β Liability of Joint Toreadors β Rule of Strict Liability (Rylandβs V Fletcher) β Rule of Absolute Liability (MC Mehta vs. Union of India) β Occupiers liability β Extinction of liability β Waiver & Acquiescence β Release β Accord & Satisfaction - Death.
Unit-III
Specific Torts - Torts affecting the person - Assault - Battery β False Imprisonment β Malicious Prosecution - Nervous Shock - Torts affecting Immovable Property - Trespass to land - Nuisance - Public Nuisance & Private Nuisance - Torts relating to movable property β Liability arising out of accidents (Relevant provisions of the Motor Vehicles Act).
Unit-IV
Defamation - Negligence - Torts against Business Relations - Injurious falsehood - Negligent Misstatement - Passing off - Conspiracy - Torts affecting family relations - Remedies - Judicial & Extra-judicial Remedies βDamages β Kinds of Damages β Assessment of Damages β Remoteness of damage - Injunctions - Death in relation to tort - Action personalis moritur cum persona.
Unit-V
Consumer Laws: Common Law & the Consumer - Duty to take care & liability for negligence - Product Liability - Consumerism - Consumer Protection Act, 1986 - Salient features of the Act - Definition of Consumer - Rights of Consumers - Defects in goods & deficiency in services β Unfair trade practices- Redressal Machinery under the Consumer Protection Act - Liability of the Service Providers, Manufacturers & Traders under the Act β Remedies.
Booksβ
- Winfield & Jolowicz : Law of Tort, Sweet & Maxwell, London.
- Salmond & Heuston : Law of Torts, edition, 2nd Indian reprint, Universal Book traders, New Delhi.
- Ramaswamy Iyer: The Law of Torts, LexisNexis Butterworths, New Delhi.
- PSA Pillaiβs: Law of Tort, Eastern Book Company, Lucknow.
- Durga Das Basu: The Law of Torts, Prentice Hall of India, New Delhi.
- Ratanlal & Dhirajlal: The Law of Torts, LexisNexis.
- R.K.Bangia: Law of Torts, Allahabad Law Agency, Allahabad.
- Vivienne Harpwood: Law of Torts, Cavendish Publishing Ltd. London.
- Hepple & Mathews: Tort - Cases & Materials, Butterworth, London. 10.D.N.Saraf: Law of Consumer Protection in India, Tripati, Bombay.
ENVIRONMENTAL LAWβ
Unit-I
The meaning & definition of environment β Ecology - Ecosystems-Biosphere - Biomes β Ozone depletion - Global Warning - Climatic changes - Need for the preservation, conservation & protection of environment - Ancient Indian approach to environment- Environmental degradation & pollution - Kinds, causes & effects of pollution
Unit-II
Common Law remedies against pollution - trespass, negligence, & theories of Strict Liability & Absolute Liability - Relevant provisions of I.P.C. & Cr.P.C. & C.P.C., for the abatement of public nuisance in pollution cases - Remedies under Specific Relief Act - Reliefs against smoke & noise - Noise Pollution.
Unit-III
The law relating to the preservation, conservation & protection of forests, wild life & endangered species, marine life, coastal ecosystems & lakes etc. - Prevention of cruelty towards animals - The law relating to prevention & control of water pollution - Air Pollution - Environment pollution control mechanism - Law relating to environment protection β Role of National Environmental Tribunal, National Environmental Appellate Authority & National Green Tribunal.
Unit-IV:
Art. 48A & Art. 51A(g) of the Constitution of India - Right to wholesome environment - Right to development - Restriction on freedom of trade, profession, occupation for the protection of environment β Immunity of Environment legislation from judicial scrutiny(Art.31C) - Legislative powers of the Centre & State Government - Writ jurisdiction - Role of Indian Judiciary in the evolution of environmental jurisprudence.
Unit-V
International Environmental Regime - Transactional Pollution - State Liability - Customary International Law - Liability of Multinational corporations/Companies - Stockholm Declaration on Human Environment, 1972 - The role of UNEP for the protection of environment - Ramsar Convention 1971 β Bonn Convention (Migratory Birds) 1992 - Nairobi Convention, 1982 (CFCC) β Biodiversity Convention (Earth Summit), 1992 - Kyoto Protocol 1997, Johannesburg Convention 2002.
Booksβ
- Armin Rosencranz & Shyam Divan: Environmental Law & Policy in India.
- Manoj Kumar Sinha (Ed), Environmental Law & Enforcement: The Contemporary Challenges, Indian Law Institute, New Delhi, 2016.
- A.Agarwal (Ed.): Legal Control of Environmental Pollution
- Chetan Singh Mehta: Environmental Protection & Law
- V.K. Krishna Iyyer: Environment Pollution & Law
- Paras Diwan : Environmental Law & Policy in India,1991
- Dr. N. Maheshwara Swamy, Environmental Law, Asia Law House, Hyderabad.
- P.Leela Krishnan, Environmental law in India, LexisNexis.
Semester IIβ
LAW OF CONTRACTβIIβ
Unit-I:
Indemnity and Guarantee - Contract of Indemnity, definition - Rights of Indemnity holder - Liability of the indemnified - Contract of Guarantee - Definition of Guarantee - Essential characteristics of Contract of Guarantee - Distinction between Indemnity and Guarantee - Kinds of Guarantee - Rights and liabilities of Surety - Discharge of surety. Contract of Bailment - Definition of bailment - Essential requisites of bailment - Kinds of bailment - Rights and duties of bailor and bailee - Termination of bailment - Pledge - Definition of pledge β Rights and duties of Pawnor and Pawnee - Pledge by non- owner.
Unit-II:
Contract of Agency - Definition of Agent - Creation of Agency - Rights and duties of Agent β Delegation of authority - Personal liability of agent - Relations of principal and agent with third parties - Termination of Agency.
Unit-III:
Contract of Sale of Goods - Formation of contract - Subject matter of sale - Conditions and Warranties - Express and implied conditions and warranties - Pricing - Caveat Emptor β Hire Purchaser Agreements.
Unit-IV:
Property - Possession and Rules relating to passing of property - Sale by nonowner - Nemo dat quad non habet - Delivery of goods - Rights and duties of seller and buyer before and after sale - Rights of unpaid seller - Remedies for breach.
Unit-V:
Contract of Partnership - Definition and nature of partnership - Formation of partnership- Test of partnership - Partnership and other associations β Registration of firm - Effect of non-registration - Relations of partners - Rights and duties of partners - Property of firm - Relation of partners to third parties β Implied authority of partners - Kinds of partners - Minor as partner - Reconstitution of firm - Dissolution of firm β Limited Liability Partnership (LLP)
Booksβ
- Anson's Law of Contract, Oxford University Press, London.
- Venkatesha Iyyer: The Law of Contracts and Tenders, Gogia & Co.Hyderabad.
- Cheshire & Fifoot: Law of Contract, Butterworth, London.
- Mulla: The Indian Contract Act, N.M.Tripati (P) Ltd. Bombay.
- G.C.V. Subba Rao: Law of Contracts, S. Gogia & Co., Hyderabad.
- Krishnan Nair: Law of Contracts, S. Gogia & Co. Hyderabad.
- Avatar Singh: Law of Contracts, Eastern Book Company, Lucknow.
- A Ramaiah's Sale of Goods Act, The Law Book Co., Allahabad.
- Benjamin's Sale of Goods, Sweet & Maxwell, London.
- P.S.Atiyah: Sale of Goods Act, Universal Book Traders, Delhi.
- Charles D.Drale: Law of Partnership, Sweet & Maxwell, London.
- Bowstead On Agency, Sweet and Maxwell, London
FAMILY LAW-II (Muslim Law and Other Personal Laws)β
Unit-I:
Origin and development of Muslim Law - Sources of Muslim Law - Schools of Muslim Law β Difference between the Sunni and Shia Schools β Sub-schools of Sunni Law - Operation and application of Muslim Law - Conversion to Islam - Effects of conversion - Law of Marriage, nature of Muslim Marriage β Essential requirements of valid Marriage - Kinds of Marriages - distinction between void, irregular and valid marriage - Dower (Mahr) - Origin, nature and importance of dower, object of dower and classification of dower.
Unit-II:
Divorce - Classification of divorce - different modes of Talaq - Legal consequences of divorce - Dissolution of Muslim Marriage Act, 1939 - Maintenance, Principles of maintenance, Persons entitled to maintenance - The Muslim Women (Protection of Rights on Divorce) Act, 1986 - Effect of conversion on maintenance and difference between Shia and Sunni Law.
Unit-III:
Parentage - Maternity and Paternity - Legitimacy and acknowledgment - Guardianship - Meaning β Kinds of guardianship - Removal of guardian - Difference between Shia and Sunni Law. Gift - Definition of Gift - Requisites of valid gift - Gift formalities - Revocation of gift - Kinds of gift. Wills - Meaning of Will - Requisites of valid Will - Revocation of Will - Distinction between Will and Gift - Difference between Shia and Sunni Law.
Unit-IV:
Waqf _ Definition - Essentials of Waqf - Kinds of Waqf β Creation of Waqf - Revocation of Waqf - Salient features of the Waqf Act, 1995 β Mutawalli β Who can be Mutawalli - Powers and duties of Mutawalli - Removal of Mutawalli and Management of Waqf property. Succession - Application of the property of a deceased Muslim - Legal position of heirs as representatives - Administration - Waqf Tribunals and Jurisdiction.
Unit-V:
Special Marriage Act, 1954 - Salient features of Indian Divorce Act, 1869 - Domicile - Maintenance to dependents/ Spouses - Intestate succession of Christians under the Indian Succession Act, 1925.
Booksβ
- Tahir Mahmood: The Muslim Law of India,Law Book Company, Allahabad.
- Aquil Ahmed: Text Book of Mohammadan Law, Central Law Agency, Allahabad.
- G.C.V. Subba Rao: Family Law in India, S.Gogia & Company, Hyderabad.
- Asaf A.A.Fyzee: Outlines of Mohammadan Law, Oxford University Press, Delhi.
- Mulla: Principles of Mohammedan Law.
- Paras Divan: Family Law (Hindu, Muslim, Christian, Parsi and Others), Allahabad Law Agency, Allahabad.
- M.A. Qureshi: Text Book on Muslim Law,Central Law Publications, Allahabad. 8.B.R. Varma, Mohammedan Law, Delhi Law House, New Delhi.
CONSTITUTIONAL LAW-IIβ
Unit-I: Legislature under Indian Constitution - Union and State Legislatures - Composition, Powers, Functions and Privileges - Anti-Defection Law β Executive under Indian Constitution - President and Union Council of Ministers Governor and State Council of Ministers - Powers and position of President and Governor
Unit-II: Judiciary under Constitution - Supreme Court - Appointment of Judges, Powers and Jurisdiction β High Courts - Appointment and Transfer of Judges β Powers and Jurisdiction - Subordinate Judiciary - Independence of judiciary β Judicial Accountability
Unit-III: Centre State Relations - Legislative, Administrative and Financial Relations - Cooperation and Coordination between the Centre and States β Judicial Interpretation of Centre-State Relations - Doctrines evolved by Judiciary
Unit-IV: Liability of State in Torts and Contracts - Freedom of Interstate Trade, Commerce and Inter course - Services under the State - All India Services - Public Service Commissions
Unit-V: Emergency β Need of Emergency Powers - Different kinds of Emergency - National, State and Financial emergency - Impact of Emergency on Federalism and Fundamental Rights - Amendment of Indian Constitution and Basic Structure Theory
Booksβ
- M.P.Jain, Indian Constitutional Law, Wadhwa & Co, Nagpur
- V.N.Shukla, Constitution of India, Eastern Book Company, Lucknow
- Granville Austin, Indian Constitution-Cornerstone of a Nation, OUP, New Delhi
- H.M.Seervai, Constitutional Law of India (in 3 Volumes), N.M.Tripati, Bombay
- G.C.V.Subba Rao, Indian Constitutional Law, S.Gogia & Co., Hyderabad
- B.Shiva Rao, Framing of Indiaβs Constitution (in 5 Volumes), Indian Institute of Public Administration, New Delhi
- J.N.Pandey, Constitutional Law of India, Central Law Agency, Allahabad
LAW OF CRIMESβ
Unit-I: Concept of crime - Definition and meaning of crime - Distinction between crime and tort - Stages of crime - Intention, Preparation, Attempt and Commission of Crime - Elements of Crime - Actus Reus and Mensrea - Codification of Law of Crimes in India - Application of the Indian Penal Code - Territorial and Extra Territorial application - General Explanations - Punishments.
Unit-II: General exceptions - Abetment - Criminal Conspiracy - Offences against the State - Offences against public peace and Tranquility β Increasing tendency of offences under S.153-A and S.153-B
Unit-III: Offences affecting human body (offences affecting human life) Culpable Homicide and Murder β Hurt and Grievous Hurt - Wrongful restraint and Wrongful confinement - Criminal force and Assault - Kidnapping and Abduction - Sexual offences - Unnatural offences.
Unit-IV: Offences affecting the public health, safety, convenience, decency and morals - Offences against Property - Theft - Extortion - Robbery & Dacoity - Cheating - Mischief - Criminal Trespass β Criminal misappropriation and Criminal breach of trust.
Unit-V: Offences by or relating to public servants - False Evidence and Offences against Public Justice - Offences relating to documents - Offences relating to Marriage - Cruelty by husband and relatives of husband - Defamation.
Booksβ
- Ratanlal and Dhiraj Lal: Indian Penal Code, Wadhwa & Co.
- Achutan Pillai: Criminal Law, Butterworth co.
- Gour K.D.: Criminal Law - Cases and Materials, Butterworth Co.
- Kenny's: Outlines of Criminal Law, Cambridge University Press.
- K.N. Chandrasekharan Pillai, General Principles of Criminal Law, Indian Law Institute, New Delhi.
- K.N. Chandrasekharan Pillai, Essays on Indian Penal Code, Indian Law Institute, New Delhi.
LAW OF EVIDENCEβ
Unit-I: The Indian Evidence Act, 1872 β Salient features of the Act β Meaning and kinds of Evidence β the impact of the Information Technology Act, 2000 on the Indian Evidence Act - Interpretation clause β May Presume, Shall presume and Conclusive proof - Fact, Fact in issue and Relevant facts βDistinction between Relevancy and Admissibility - Doctrine of Res gestae β Motive, preparation and conduct β Conspiracy βWhen Facts not otherwise relevant become relevant β Right and custom β Facts showing the state of mind etc.
Unit-II: Admissions & Confessions: General Principles concerning Admissions β Differences between "Admission" and "Confession" β Confessions obtained by inducement , threat or promise β Confessions made to police officer β Statement made in the custody of a police officer leading to the discovery of incriminating material β Admissibility of Confessions made by one accused person against coaccused. Dying Declarations and their evidentiary value β Other Statements by persons who cannot be called as Witnesses βAdmissibility of evidence of witnesses in previous judicial proceedings in subsequent judicial proceedings.
Unit-III: Relevancy of Judgments β Opinion of witnesses β Expert's opinion β Opinion on Relationship especially proof of marriage β Facts which need not be proved β Oral and Documentary Evidence β General Principles concerning oral evidence and documentary evidence β Primary and Secondary evidence β Modes of proof of execution of documents β Presumptions as to documents β General Principles regarding Exclusion of Oral by Documentary Evidence β Relevance of social media in the law of evidence
Unit-IV: Rules relating to Burden of Proof - Presumption as to Dowry Death β Estoppels βKinds of estoppels β Res Judicata, Waiver and Presumption.
Unit-V: Competency to testify β Privileged communications - Testimony of Accomplice β Examination in Chief, Cross examination and Re-examination β Leading questions β Lawful questions in cross examination βCompulsion to answer questions put to witness β Hostile witness β Impeaching the credit of witness β Refreshing memory β Questions of corroboration β Improper admission and rejection of evidence.
Booksβ
- Batuk Lal: The Law of Evidence, Central Law Agency, Allahabad.
- M. Monir: Principles and Digest of the Law of Evidence, Universal Book Agency, Allahabad.
- Vepa P. Saradhi: Law of Evidence Eastern Book Co., Lucknow.
- Avatar Singh: Principles of the Law of Evidence, Central Law Publications.
- V. Krishnama Chary: The Law of Evidence, S.Gogia & Company Hyderabad.
- V. Nageswara Rao: The Evidence Act, LexisNexis.
Semester IIIβ
JURISPRUDENCEβ
Unit-I: Meaning and Definition of Jurisprudence β General and Particular Jurisprudence - Elements of Ancient Indian Jurisprudence β Schools of Jurisprudence β Analytical, Historical, Philosophical and Sociological Schools of Jurisprudence. Theories of Law β Meaning and Definition of Law β The Nature and Function of Law β The Purpose of Law β The Classification of Law β Equity, Law and Justice β Theory of Sovereignty.
Unit-II: Sources of Law β Legal and Historical Sources β Legislation - Definition of legislation β Classification of legislation- Supreme and Subordinate Legislation - Direct and Indirect Legislation - Principles of Statutory Interpretation. Precedent β Definition of Precedent β Kinds of Precedent β Stare Decisis β Original and Declaratory Precedents β Authoritative and Persuasive Precedents. Custom β Definition of Custom β Kinds of Custom β General and Local Custom β Custom and Prescription - Requisites of a valid custom - Relative merits and demerits of Legislation , Precedent and Custom as a source of Law . Codification β Advantages and disadvantages of codification.
Unit-III: Persons β Nature of personality β Legal Status of Lower Animals, Dead Persons and Unborn persons β Legal Persons β Corporations β Purpose of Incorporation β Nature of Corporate Personality Rights and Duties β Definition of Right β Classification of Rights and Duties β Absolute and Relative Rights and Duties β Rights and Cognate concepts like Liberty, Power, Immunity, Privilege etc.
Unit-IV: Obligation β Nature of Obligation β Obligation arising out of Contract, Quasi Contract, trust and breach of obligation etc. β Liability β Nature and kinds of liability β Acts β Menβs Rea βIntention and Motive β Relevance of Motive β Negligence β Strict Liability β Accident β Vicarious Liability β measure of Civil and Criminal Liability.
Unit-V: Ownership β Definition and kinds of Ownership - Possession β Elements of Possession β Relation between Ownership and Possession β Possessory Remedies β Property β Meaning β Kinds of Property β Modes of Acquisition of Property β Legal Sanctions - Meaning of Sanction β Classification of Sanctions β Civil and Criminal Justice β Concept of Justice β Theories regarding purpose of Criminal Justice β Deterrent, Preventive, Reformative and Retributive theories.
Booksβ
- Salmond: Jurisprudence, Universal Publishers.
- Paton : Jurisprudence
- Allen : Law in the Making, Universal Publishers.
- Mahajan V.D.: Legal Theory and Jurisprudence, Eastern Book Company, Lucknow,
- Dias : Jurisprudence, Aditya Books.
- Rama Jois, Legal and Constitutional History of India, Universal Law Publications, Delhi.
- G.C.V. Subba Rao, Jurisprudence and Legal Theory, Eastern Book Company.
LAW OF PROPERTYβ
Unit-I: Meaning and concept of property β Kinds of property β Transfer of property β Transferable and non-transferable property β Who can transfer β Operation of transfer β Mode of transfer β Conditional transfer βVoid and unlawful conditions β Condition precedent and condition subsequent β Vested and contingent interest β Transfer to unborn persons
Unit-II: Doctrine of Election β Covenants β Transfer by ostensible owner β Doctrine of Feeding the Grant by Estoppels β Doctrine of Lis Pen dens β Fraudulent Transfer β Doctrine of Part-performance.
Unit-III: Sale- Essential features β Mode of Sale β Rights and liabilities of parties. Mortgage - Kinds of Mortgages - Rights and liabilities of mortgagor and mortgagee βMarshalling and Contribution βCharges.
Unit-IV: Lease β Essential features β Kinds of leases β Rights and liabilities of lesser and lessee β Termination of lease β forfeiture β Exchange β Gifts β Different types of gifts β Registration of Gifts β Transfer of Actionable Claims.
Unit-V: Easements β Definition of easement β Distinction between Lease and License β Dominant and Servant Tenements. Acquisition of property through testamentary succession β Will β Codicil β Capacity to execute Will β Nature of bequests β Executors of Will β Rights and Obligations of Legatees.
Booksβ
- Mulla : Transfer of Property, Butterworthβs Publications.
- Subba Rao GCV: Commentaries on the Transfer of Property Act.
- Krishna Menon: Law of Property.
- Upadhyaya's Common Matrix of Transfer of Property.
- Avatar Singh, Textbook on The Transfer of Property Act, Universal Law Publishing Company.
ADMINISTRATIVE LAWβ
Unit-I: Nature and scope of Administrative Law β Meaning, Definition and Evolution of Administrative Lawβ Reasons for the growth of Administrative Law β Relationship between Administrative Law and Constitutional Law.
Unit-II: Basic concepts of Administrative Law β Rule of Law β Interpretation of Dicey's Principle of Rule of Law β Modern trends - Theory of Separation of Powers β Position in India, UK and USA
Unit-III: Classification of Administrative functions β Legislative, Quasi-judicial, Administrative and Ministerial functions β Delegated Legislation β Meaning, Reasons for the growth and Classification of delegated legislationβ Judicial and Legislative Control of Delegated litigation.
Unit-IV: Judicial Control of Administrative Action - Grounds of Judicial Control β Principles of Natural Justice β Administrative discretion and its control - Wednesbury Principle (Doctrine of Proportionality) β Doctrine of Legitimate Expectation.
Unit-V: Remedies available against the State β Writs β Lokpal and Lokayukta βRight to Information- Liability of the State in Torts and Contracts β Rule of Promissory Estoppels βAdministrative Tribunals - Commissions of Inquiry β Public Corporations.
Booksβ
- Griffith and Street: Principles of Administrative Law.
- H.W.R.Wade: Administrative Law, Oxford Publications, London.
- De Smith: Judicial Review of Administrative Action, Sweet and Maxwell.
- S.P. Sathe: Administrative Law, Butterworths.
- I.P.Massey: Administrative Law, Eastern Book Company.
COMPANY LAWβ
Unit- I: Corporate Personality - General Principles of Company Law - Nature and Definition of Company - Private Company and Public Company β Characteristics of a Company - Different kinds of Company - Registration & Incorporation of Company - Lifting the Corporate Veil β Company distinguished from Partnership , HUF and LLP--Position under the Companies Acts of 1956 and 2013
Unit β II: Promoters - Memorandum of Association - Doctrine of Ultravires - Articles of Association - Doctrine of Indoor Management - Prospectus - Civil and Criminal liability for misstatement in prospectus - Statement in lieu of Prospectus β Preincorporation Contracts - Membership in a Company - Borrowing Powers β Debentures & Charges-Position under the Companies Acts of 1956 and 2013
Unit- III: Shares & Stock - Kinds of shares - Statutory restrictions on allotment of shares - Intermediaries β Call on shares for future of shares- Transfer of shares β Transmission of shares β Reduction on transfer of shares - Rectification of register on transfer - Certification and issue of certificate of transfer of shares β Limitation of time for issue of certificates - Object and effect of share certificate-Position under the Companies Acts of 1956 and 2013
Unit β IV: Directors β Different kinds of Directors - Appointment, position , qualifications and disqualifications- powers of Directors - Rights and Duties of Directors - Meetings and proceedings - kinds of meetings - Statutory meeting- Statutory report - Annual General Meeting - Extraordinary meeting - Power of the Tribunal to order meeting - class meetings - Requisites for a valid meeting - Chairman for meetings - Duties of Chairman - Proxy - Resolutions β Minutes- Shareholders Activism-Corporate Social Responsibility-Position under the Companies Acts of 1956 and 2013
Unit β V: Accounts and Audit - Inspection and Investigation - Compromises, Reconstruction and Amalgamation - Majority rule and Rights of minority share holders - Prevention of oppression and mismanagement - Revival and rehabilitation of sick industrial companies - Mergers, Amalgamation and Takeover - Dissolution of a company β Winding up of companies-Modes of winding up of companies β consequences of winding up - The insolvency and Bankruptcy Code, 2016 in relation to winding up of companies βAuthorities under the Act- Department of Company Affairs - NCLAT, NCLT, Company Law Board, Regional Directors, ROC, Public Trustee or Advisory Committee & SFIO -Their powers and functions- β Jurisdiction of Courts - The impact of the Companies Act, 2013.
Booksβ
- Shah : Lectures on Company Law, N.M.Tripati, Bombay.
- Avtar Sing : Company Law, Eastern Book Company.
- Charlesworth: Company Law, Sweet and Maxwell.
- Ramaiah: Company Law, Wadhwa & Co.
- Dutta: Company Law, Eastern Law House, Calcutta.
- The Companies Act, 2013.
- Executive Programme Study Material on Company Law, The Institute of Company Secretaries of India, New Delhi available atwww.icsi.edu.
LABOUR LAW βIβ
Unit-I: Concept of Labour through the ages - Trade Unions: History of Trade Union Movement - The Trade Union Act 1926 β Definitions β Registration β Rights and Liabilities of Registered Trade Unions β Immunities β Amalgamation and dissolution of Unions β Reorganization of Trade Unions.
Unit-II: Prevention and Settlement of Industrial Disputes in India - The role of State in Industrial Relations β The Industrial Disputes Act 1947 - Definition of industry - Industrial Dispute β Individual Dispute - workman- Lay off βRetrenchment - Closure -Award - Strikeβ Lockout
Unit-III: Authorities under the ID Act β Works committee β Conciliation - Court of inquiry - Labour Courts- Tribunal β Powers and functions of authorities β Voluntary Arbitration - Provisions under Chapter V-A & V- B of the Act- Alteration of conditions of service β Management rights of action during pendency of proceedings β Recovery of money due from employer β Unfair labour practices - miscellaneous provisions of the Act
Unit-IV: Standing Orders - Concept and Nature of Standing Orders β scope and coverage- Certification process β its operation and binding effect β Modification and Temporary application of Model Standing Orders β Interpretation and enforcement of Standing Orders and provisions contained in the Industrial Employment (Standing Orders) Act 1946.
Unit-V: Disciplinary Proceedings in Industries - Charge sheet β Explanation β Domestic enquiry - Enquiry officer β Enquiry report β Punishment β Principles of Natural Justice.
Booksβ
- Srivastava: Law of Trade Unions , Eastern Book Company, Lucknow
- .Goswami : Labour and Industrial Law, Central Law Agency.
- R.F. Rustomji : Law of Industrial Disputes : Asia Publishing House, Mumbai
- S.N. Misra : Labour and Industrial Law, Central Law Agency, Allahabad.
- J.N. Malik : Trade Union Law
- Khan & Khan : Labour Law , Asia Law House, Hyderabad
- S.C. Srivastava : Industrial Relations and Labour Law, Vikas Publishing House.
- Nick Humphreys, Trade Union Law and Collective Employment Rights
Semester IVβ
LABOUR LAW-IIβ
Unit-I: The Remunerative Aspects β Wages β Concepts of wages - Minimum, Fair, Living Wages - Wage and Industrial Policies - Whitley Commission Recommendations - Provisions of Payment of Wages Act 1936 β Timely payment of wages - Authorized deductions β Claims - Minimum Wages Act 1948 - Definitions β Types of wages - Minimum rates of wages - Procedure for fixing and revising Minimum Wages β Claims -Remedy.
Unit-II: Bonus β concept - Right to claim Bonus β Full Bench formula β Bonus Commission - Payment of Bonus Act 1965 - Application β Computation of gross profit, available, allocable surplus - Eligibility of Bonus - Disqualification of Bonus - set on β set off of allocable surplus- Minimum and Maximum Bonus-Recovery of Bonus.
Unit-III: Employees Security and Welfare aspect - Social Security - Concept and meaning - Social Insurance - Social Assistance Schemes. Social Security Legislations β Law relating to workmenβs compensation β The Employeeβs Compensation Act 1923 β Definitions -Employerβs liability for compensation - Nexus between injury and employment - payment of compensation - penalty for default - Employees State Insurance Act 1948 βApplication - Benefits under the Act - Adjudication of disputes and claims β ESI Corporation.
Unit-IV: Employees Provident Fund and Miscellaneous Provisions Act 1952 β Contributions -Schemes under the Act - Benefits. The Maternity Benefit Act 1961 - Definitions-Application - Benefits. The Payment of Gratuity Act 1972 β Definitions β application - Payment of gratuity - eligibility β forfeiture β Nomination β Controlling authorities.
Unit-V: The Factories Act 1948 - Chapters dealing with Health, Safety and Welfare of Labour. Child Labour - Rights of child and the Indian Constitution β Salient features of the Child Labour (Prohibition and Regulation) Act 1986 β The Equal Remuneration Act, 1976.
Booksβ
- S.N.Misra, Labour and Industrial Laws, Central law publication
- V.G. Goswami, Labour and Industrial Laws, Central Law Agency.
- Khan & Kahan, Labour Law-Asia Law house, Hyderabad
- K.D. Srivastava, Payment of Bonus Act, Eastern Book Company
- K.D. Srivastava, Payment of Wages Act
- K.D. Srivastava, Industrial Employment (Standing Orders) Act 1947
- S.C.Srivastava, Treatise on Social Security
- Sukumar Singh, Labour Economics, Deep& Deep, New Delhi
- V.J.Rao, Factories Law
PUBLIC INTERNATIONAL LAWβ
Unit-I: Definition, Nature, Scope and Importance of International Law β Relation of International Law to Municipal Law β Sources of International Law β Codification.
Unit-II: State Recognition β State Succession β Responsibility of States for International delinquencies β State Territory β Modes of acquiring State Territory
Unit-III: Position of Individual in International Law β Nationality β Extradition β Asylum β Privileges and Immunities of Diplomatic Envoys β Treaties β Formation of Treaties - Modes of Consent, Reservation and termination.
Unit-IV: The Legal Regime of the Seas β Evolution of the Law of the Sea β Freedoms of the High Seas β Common Heritage of Mankind β United Nations Convention on the Law of the Seas β Legal Regime of Airspace β Important Conventions relating to Airspace β Paris, Havana, Warsaw and Chicago Conventions β Five Freedoms of Air β Legal Regime of Outer space β Important Conventions such as Outer space Treaty, Agreement on Rescue and Return of Astronauts, Liability Convention, and Agreement on Registration of Space objects, Moon Treaty - Uni space.
Unit-V: International Organizations β League of Nations and United Nations β International Court of Justice βInternational Criminal Court β Specialized agencies of the UN β WHO, UNESCO, ILO, IMF and WTO.
Booksβ
- J.G. Starke: Introduction to International Law, Aditya Books, 10th Edition, 1989.
- J.I. Brierly: The Law of Nations, Oxford Publishers, London.
- Ian Brownlie: Principles of Public International Law, Oxford Publishers, London.
- S.K. Kapoor, Public International Law, Central Law Agencies, Allahabad.
- H.O. Agarwal, International Law and Human Rights, Central Law Publications, Allahabad.
- S.K. Verma, An Introduction to Public International Law, Prentice Hall of India.
INTERPRETATION OF STATUTESβ
Unit-I: Meaning and Definition of Statutes β Classification of Statues β Meaning and Definition of Interpretation β General Principles of Interpretation β Rules of Construction under the General Clauses Act, 1897.
Unit-II: Grammatical Rule of Interpretation β Golden Rule of Interpretation β Rule of Interpretation to avoid mischief.
Unit-III: Interpretation of Penal Statutes and Statutes of Taxation β Beneficial Construction β Construction to avoid conflict with other provisions β Doctrine of Harmonious Construction.
Unit-IV: External Aids to Interpretation β Statement of objects of legislation, Legislative debates, identification of purpose sought to be achieved through legislation β Internal Aids to Interpretation β Preamble, title, interpretation clause, marginal notes, explanations etc. β Presumptions.
Unit-V: Effect of Repeal β Effect of amendments to statutes β Conflict between parent legislation and subordinate legislation β Methods of interpreting substantive and procedural laws.
Booksβ
- Vepa P. Sarathi: Interpretation of Statutes, Eastern Book Co,
- Maxwell: Interpretation of Statutes, Butterworths Publications
- Crawford: Interpretation of Statutes, Universal Publishers.
- Chatterjee: Interpretation of Statutes.
- G.P. Singh: Principles of Statutory Interpretation, Wadhwa and Company,
- Cross, Statutory Interpretation,LexisNexis
LAND LAWSβ
Unit-I: Classification of lands β Ownership of Land β Absolute and limited ownership (tenancy, lease etc.) β Doctrine of Eminent Domain β Doctrine of Escheat - Doctrine of Bona Vacantia β Maintenance of land records and issue of Pattas and Title Deeds etc.
Unit-II: Law Reforms before and after independence β Zamindari Settlement β Ryotwari Settlement β Mahalwari System β Intermediaries β Constitutional Provisions β Abolition of Zamindaries, Jagirs and Inams -Tenancy Laws β Conferment of ownership on tenants/ryots.
Unit-III: Laws relating to acquisition of property β The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013- salient Features-Procedure for Land Acquisition :Issue of notification , Social impact assessment -Consent of landowners- Award enquiry, Payment of compensation & Reference to civil courts etc
Unit-IV: Laws relating to Ceiling on Land Holdings β A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 β Effect of inclusion in the IX Schedule of the Constitution β Interpretation of Directive Principles of State Policy.
Unit-V: Laws relating to alienation β Scheduled Areas Land Transfer Regulation β Assigned Lands (Prohibition of Transfers) Act, - Resumption of Lands to the Transferor/Government - Land Grabbing (Prohibition) Act β ROR proceedings and Sada Bainama β Mutation of titles-Role of Revenue Courts
Booksβ
- P. Rama Reddi and P. Srinivasa Reddy : Land Reform Laws in A.P., Asia Law House,Hyderabad.
- P.S. Narayana: Manual of Revenue Laws in A.P., Gogia Law Agency, Hyderabad.
- Land Grabbing Laws in A.P., Asia Law House, Hyderabad.
- G.B. Reddy: Land Laws in A.P., Gogia Law Agency, Hyderabad
- N.Maheshwara Swamy, Lectures on Land Laws,Asia Law House,Hyderabad
INTELLECTUAL PROPERTY LAWβ
Unit-I: Intellectual Property-Meaning, Nature and Classification βSignificance and need of protection of Intellectual Property β Main forms of Intellectual Property : Patents,Trademarks,Industrial designs, Geographical Indications of Goods, Copyright and Neighbouring Rights-New forms of Intellectual Property: Plant Varieties Protection and Biotechnology, GRTK, Layout Designs, Computer Programmes
Unit-II: Evolution of International Protection of IPRs-Introduction to the leading International instruments concerning Intellectual Property Rights βGeneral Principles of Protection-The Paris Convention,1883- The Berne Convention,1886 βThe Madrid Agreement,1891-The Patent Co-operation Treaty,1970 β The World Intellectual Property Organization (WIPO) Conventions- TRIPS Agreement,1994
Unit-III: Copyright: Meaning, Nature, historical evolution and significance- The Copyright Act, 1957 β Salient Features-Idea-Expression Dichotomy-Subject matter of Copyright Protection- Neighbouring rights - Ownership of Copyright βRights of Authors and owners -Assignment of copyright βCollective management of copyright- infringement of copyright and Criteria βExceptions to i9nfringement - Authorities under the Act β Remedies for infringement of copyright.
Unit-IV: Intellectual Property in Trademarks and the rationale of their protection β The Trade Marks Act, 1999 β Definition of Trademarks β Distinction between Trademark and Property Mark - Registration β Passing off β Infringement of Trademark β Criteria of Infringement β Remedies-Concept of Industrial designs-The Designs Act, 2000 β Definition and characteristics of Design β Law in India β Protection and rights of design holders β Copyright in design β Registration β Remedies for infringement.
Unit-V: Patents β Concept of Patent β Historical overview of the Patent Law in India - The Patents Act, 1970 and its salient features β β Patentable Inventions β Kinds of Patents β Procedure for obtaining patent in India and in other countries βRights and obligations of a patentee βLimitations on patent rights: compulsory licensing, acquisition by government and secrecy directions- Infringement of patent rights and remedies available.
Booksβ
- P. Narayanan: Intellectual Patent Rights, Eastern Law House , 1995.
- Roy Chowdhary, Law of Trademark, Copyrights, Patents and Designs,Kamal Law House
- G.B. Reddy, Intellectual Property Rights and the Law Gogia Law Agency.
- John Holyoak and Paul Torremans: Intellectual Property Law.
- B.L. Wadhera: Intellectual Property Law, Universal Publishers .
- W.R. Cornish: Intellectual Property Law, Universal Publishers .
- V.K.Ahuja, Law Relating to Intellectual Property Rights , LexisNexis
- Elizabeth Verkey, Intellectual Property Rights, Eastern Book Company
Semester Vβ
CIVIL PROCEDURE CODE AND LAW OF LIMITATIONβ
Unit-I: Codification of Civil Procedure and Introduction to CPC β Principal features of the Civil Procedure Code β Suits β Parties to Suit β Framing of Suit β Institution of Suits β Bars of Suit - Doctrines of Sub Judice and Res Judicata β Place of Suing β Transfer of suits β Territorial Jurisdiction β βCause of Actionβ and Jurisdictional Bars β Summons β Service of Foreign summons.
Unit-II: Pleadings β Contents of pleadings β Forms of Pleading β Striking out / Amendment of Pleadings - Plaintβ Essentials of Plaint - Return of Plaint- Rejection of PlaintβProduction and marking of Documents-Written Statement β Counter claim β Set off β Application of Sec. 89 - Framing of issues.
Unit-III: Appearance and Examination of parties & Adjournments β Ex-parte Procedure β Summoning and Attendance of Witnesses β Examination β Admissions β Production, Impounding, Return of Documents βHearing β Affidavit β Judgment and Decree β Concepts of Judgment, Decree, and Interim Orders and Stay β Injunctions β Appointment of Receivers and Commissions β Costs - Execution β Concept of Execution βGeneral Principles of Execution β Power of Execution β Power of Executing Courts β Procedure for Execution β Modes of Execution -- Arrest and detention β Attachment and Sale.
**Unit-IV:**Suits in Particular Cases β Suits by or against Government β Suits relating to public matters;β Suits by or against minors, persons with unsound mind, - Suits by indigent persons -- Interpleaded suits β Incidental and supplementary proceedings - Appeals, Reference, Review and Revision β Appeals from Original Decrees β Appeals from Appellate Decrees β Appeals from Orders β General Provisions Relating to Appeals.
Unit-V: Law of Limitation β Concept of Limitation β Object of limitation β General Principles of Limitation β Extension β Condonation of delay β Sufficient Cause β Computation of limitation -- Acknowledgment and Part -payment- Legal Disability β Provisions of the Limitation Act, 1963 (Excluding Schedule)
Booksβ
- Mulla, TheCode of Civil Procedure, LexisNexis, Butteworths, Wadhwa.
- C.K. Takwani: Civil Procedure, Eastern Book Co., Lucknow.
- Sarkarβs Civil Court Practice and Procedure, LexisNexis.
- B.B. Mitra: Limitation Act, Eastern Law House, Calcutta, Allahabad.
- Sanjiva Row: Limitation Act, (in 2 Vols), Law Book Co., Alahabad.
- Sanjiva Row: Code of Civil Procedure, (in 4 Vols), Law Book Co. Allahabad.
- AIR Commentaries on Limitation Act, W.W. Chitaley, AIR Ltd., Nagpur.
CRIMINAL PROCEDURE CODE, LAW OF JUVENILE JUSTICE AND PROBATION OF OFFENDERSβ
Unit-I: The Code of Criminal Procedure, 1973: The rationale of Criminal Procedure β The importance of fair trial β Constitutional Perspectives: Articles 14, 20 & 21 β The organization of Police, Prosecutor and Defence Counsel β Pre-trial Process β Arrest β Distinction between βcognizableβ and βnon-cognizableβ offences β Steps to ensure presence of accused at trial -- Warrant and Summons cases β Arrest with and without Warrant β impact of S. 41A - The absconder status.
Unit-II: Rights of arrested persons under Cr.P.C. and Article 22 (2) of the Constitution of India. - Search and Seizure β Search with and without warrant β Police search during investigation β General Principles of Search β Seizure β Constitutional aspects of validity of Search and Seizure proceedings - Trial Process: Commencement of Proceedings β Dismissal of Complaint β Bail, Bail able and Non-boilable Offences β Cancellation of Bails β Anticipatory Bail β General principles concerning Bail Bond.
Unit-III: Preliminary pleas to bar trial β Jurisdiction β Time Limitations β Pleas of Autrefois Acquit and Autrefois Convict β Fair Trial β Concept of fair trial β Presumption of innocence β Venue of trial βJurisdiction of Criminal Courts β Rights of accused -- Constitutional Interpretation of Article 21 as a right to speedy trial β Charge β Form and content of Charge β Trial before a Court of Session: Procedural steps and substantive rights.
Unit-IV: Compounding of offences β Plea Bargaining - Judgment: Form and content -- Summary trial β Post-conviction orders in lieu of punishment β Modes of providing judgment copy β appeals, review and revisions β Role of Victim in Criminal process β compensation to crime victim.
Unit-V: Probation and Parole: Authority granting Parole β Supervision β Conditional release -- suspension of sentence β Procedure under Probation of Offenders Act, 1958 -- Salient features of the Act. Juvenile Justice System -- Juvenile Justice (Care and Protection of Children) Act -- Procedure under Juvenile Justiceβ¦Act β Treatment and Rehabilitation of Juveniles ββ Protection of Juvenile Offenders βLegislative and Judicial Role.
Booksβ
- Kelkar R.V.: Criminal Procedure, Eastern Book Co., Lucknow.
- Ratanlal and Dhirajlal: The Code of Criminal Procedure, Wadhwa & Co.,
- Padala Rama Reddi: The Code of Criminal Procedure, 1973, Asia Law House, Hyderabad.
- S.N. Misra: The Code of Criminal Procedure, Central Law Agency.
- M.P. Tandon: Criminal Procedure Code, Allahabad Law Agency.
- Shoorvir Tyagi: The Code of Criminal Procedure, Allahabad Law Agency.
LAW OF BANKING AND NEGOTIABLE INSTRUMENTSβ
Unit-I: History of the Banking Regulation Act β Salient features β Banking Business and its importance in modern times β Different kinds of Banking β impact of Information Technology on Banking.
Unit-II: Relationship between Banker and Customer β Debtor and Creditor Relationship β Fiduciary Relationship β Trustee and Beneficiary β Principal and Agent β Bail and Bailee β Guarantor.
Unit-III: Cheques β Crossed Cheques β Account Payee β Banker's Drafts β Dividend Warrants, etc. β Negotiable instruments and deemed negotiable instruments β Salient features of The Negotiable Instruments Act.
Unit-IV: The Paying Banker β Statutory protection to Bankers β Collecting Banker β Statutory protection β Rights and obligations of paying and collecting bankers.
Unit-V: Banker's lien and set off -- Advances - Pledge - Land - Stocks - Shares - Life Policies - Document of title to Goods - Bank Guarantees - Letters of Credit β Recovery of Bank loans and position under the SARFAESI Act, 2002 β Jurisdiction and powers of Debt Recovery Tribunal.
Booksβ
1.Tannan: Banking Law & Practice in India, Orient Law House, New Delhi. 2.Avtar Singh: Negotiable Instruments, Eastern Book Company, Lucknow. 3. P.N.Varshney: Banking Law & Practice, Sultan Chand & Sons, New Delhi. 4. Taxman: Law of Banking, India Law House 5.B.R. Sharma and Dr.R.P. Nainta: Principles of Banking Law and Negotiable Instruments Act, Allahabad Law Agency. 6.Mukherjee's Banking Law and Practice, Premier Publications Company. 7.Bashyam and Adiga: Negotiable Instruments Act, Bharat Law House. 8. S.R. Myneni, Law of Banking, Asia Law House.
ALTERNATE DISPUTE RESOLUTIONβ
The written examination of this paper will be for 50 marks and the remaining 50 marks for record and viva voce. There shall be classroom instruction on the following topics:
Unit-I: Alternate Dispute Resolution β Characteristics β Advantages and DisadvantagesββUnilateral β Bilateral β Triadic (Third Party) Intervention β Techniques and processes -- Negotiation β Conciliation βArbitration β Distinction between Arbitration, Conciliation and Negotiation.
Unit-II: The Arbitration and Conciliation Act, 1996 β Historical Background and Objectives of the Act β Definitions of Arbitration, Arbitrator, Arbitration Agreement -- Appointment of Arbitrator β Termination of Arbitrator -- Proceedings in Arbitral Tribunal -- Termination of Proceedings β Arbitral Award -- Setting aside of Arbitral Award β Finality and Enforcement of Award β Appeals β Enforcement of Foreign Awards. Conciliation β Appointment of Conciliators β Powers and Functions of Conciliator --Procedure β Settlement of disputes through conciliation.
Unit-III: Other Alternative Dispute Resolution Systems βTribunals -- Lokpal and Lokayukta β Lok Adalats βFamily Courts. Section 89 and Order X, Rules 1A, 1B and 1C of Civil Procedure Code.
Practical Exercises (30 marks) (a) The students are required to participate in 5 (five) simulation proceedings relating to Arbitration, Conciliation, Mediation and Negotiation. Participation in each such simulation proceeding shall be evaluated for a maximum of 4 (four) marks (Total 5x4=20marks). (b) Students are required to attend and observe the proceedings of Lok Adalats, Family Courts, Tribunals and other ADR Systems. Each student shall record the above observations in the diary which will be assessed. Record submitted by the student shall be evaluated for 10 marks by the teacher concerned. The Records of the students duly certified by the University Representative appointed by the Controller of Examinations in consultation with the Chairman, BOS in Law shall be submitted to the University before the commencement of the theory examinations
Viva- voce (20marks): There shall be viva-voce examination on the above components. The Viva-voce Board consisting of (i) Principal of the College/the teacher concerned (ii) University Representative appointed by the Controller of Examinations in consultation with the Chairman, BOS in Law, and (iii) an advocate with 10 years experience at the Bar shall evaluate the student in the Viva. The proceedings of the viva-voce shall be recorded.
Note: Attendance of the students in all the four components of the paper (written examination, participation in simulation proceedings, submission of record and attendance in viva) shall be compulsory.
Booksβ
- O.P. Tiwari : The Arbitration and Conciliation Act ,Allahabad Law Agency.
- Johar's : Commentary on Arbitration and Conciliation Act, 1996, Kamal Law House.
- Tripathi S.C.: Arbitration, Conciliation and ADR, Central Law Agency, Allahabad.
- Avatar Singh: Arbitration and Conciliation, Eastern Law Book House, Lucknow.
- P.C. Rao : Alternate Dispute Resolution , 2001 Edition, Universal Book Traders, New Delhi.
- S.D. Singh: Alternate Dispute Resolution, Universal Book Traders, NewDelhi.
PROFESSIONAL ETHICS AND PROFESSIONAL ACCOUNTING SYSTEMβ
The written examination of this paper will be for 50 marks and the remaining 50 marks for record and viva voce. There shall be classroom instruction on the following topics:
Unit-I: Development of Legal Profession in India β The Advocates Act, 1961 β Right to Practice β a right or privilege? - Constitutional guarantee under Article 19(1) (g) and its scope β Enrolment and Practice β Regulation governing enrolment and practice β Practice of Law β Solicitors firm β Elements of Advocacy.
Unit-II: Seven lamps of advocacyβ Advocateβs duties towards public, clients, court, and other advocates and legal aid; Bar Council Code of Ethics.
Unit-III: Disciplinary proceedings β Professional misconduct β Disqualifications β Functions of Bar Council of India/State Bar Councils in dealing with the disciplinary proceedings βDisciplinary Committees -- Powers and functions - Disqualification and removal from rolls.
Unit-IV: Accountancy for Lawyers β Nature and functions of accounting β Important branches of accounting β Accounting and Law β Bar Bench Relations.
Record (30 marks): Each student shall write 50 selected opinions of the Disciplinary Committees of Bar Councils and 10 major judgments of the Supreme Court of India in the Record. The Record shall be evaluated for 30marks by the teacher concerned. The Records of the students duly certified by the University Representative appointed by the Controller of Examinations in consultation with the Chairman, BOS in Law shall be submitted to the University before the commencement of the theory examinations.
Viva- voce (20marks): There shall be viva-voce examination on the above components. The Viva-voce Board consisting of (i) Principal of the College/the teacher concerned (ii) University Representative appointed by the Controller of Examinations in consultation with the Chairman, BOS in Law, and (iii) an advocate with 10 years experience at the Bar shall evaluate the student in the Viva. The proceedings of the viva-voce shall be recorded.
Note: All the three components of the paper (written examination, submission of record and attendance in viva) shall be compulsory.
Booksβ
(1) Sirohi: Professional Ethics, Central Law Publications, Allahabad. (2) G.B.Reddy, Practical Advocacy of Law, Gogia Law Agency, Hyderabad (3) Myneni S.R.: Professional Ethics, Accountancy for Lawyers and Bench-Bar Relation, Asia Law House, Hyderabad. (4) Gupta S.P.: Professional Ethics, Accountancy for Lawyers and Bench-Bar Relation, Asia Law House, Hyderabad. (5) Kailash Rai: Professional Ethics, Accountancy for Lawyers and Bench-Bar Relation, Allahabad Law Agency. (6) Selected Judgments on Professional Ethics (in 2 volumes), Bar Council of India Trust, New Delhi.
Semester VIβ
LAW OF TAXATIONβ
Unit-I: Constitutional basis of power of taxation β Article 265 of Constitution of India - Basic concept of Income Tax β Outlines of Income Tax Law - Definition of Income and Agricultural Income under Income Tax Act β Residential Status - Previous Year β Assessment Year β Computation of Income.
Unit-II: Heads of Income and Computation β Income from Salary, Income from House Property. Profits and Gains of Business or Profession, Capital Gains and Income from other sources.
Unit-III: Law and Procedure β P.A.N. β Filing of Returns β Payment of Advance Tax --Deduction of Tax at Source (TDS) -- Double Tax Relief βLaw and Procedure for Assessment, Penalties, Prosecution, Appeals and Grievances -- Authorities.
Unit-IV: GST ACT, 2017 β Goods and Services Tax Act, 2017: Introduction β Background - - Basic Concepts β salient features of the Act β Kinds of GST - CGST, SGST & IGST β Administration officers under this Act β Levy and collection of tax β scope of supply β Tax liability on composite and mixed supplies β Input tax credit β Eligibility and conditions for taking input tax credit.
Unit-V: GST ACT, 2017:- Registration β persons liable for registration β persons not liable for registration β procedure for registration β returns β furnishing details of outward and inward supplies β furnishing of returns β payment of tax, interest, penalty and other amounts β tax deducted at source β collection of tax at source β Demand and Recovery β Advance Ruling β Definitions for Advance Ruling β Appeals and revision β Appeals to Appellate Authority β Powers of revisional authority - Constitution of Appellate Tribunal and benches thereof β offences and penalties.
Booksβ
- Vinod K.Singhania: Student Guide to Income Tax, Taxman, Allied Service Pvt. Limited.
- Vinod K.Singhania: Direct Taxes Law & Practice, Taxman Allied Service Pvt. Limited.
- Myneni S.R.: Law of Taxation, Allahabad Law Series.
- Kailash Rai: Taxation Laws, Allahabad Law Agency.
- Gurish Ahuja: Systematic Approach to Income Tax, Bharat Law House Pvt Ltd
- V.S. Datey : GST Ready Recknor, Taxman Publications.
- GST Acts with Rules & Forms (Bare Act) , Taxman Publications.
- GST β A Practical Approach,Taxman Publications.
- Sweta Jain, GST Law and Practice β A Section wise commentary on GST, Taxmann Publications.
- Shann V Patkar, GST Law Guide, Taxmann Publication.
INFORMATION TECHNOLOGY LAWβ
Unit-I: Concept of Information Technology and Cyber Space- Interface of Technology and Law - Jurisdiction in Cyber Space and Jurisdiction in traditional sense - Internet Jurisdiction - Indian Context of Jurisdiction -Enforcement agencies - International position of Internet Jurisdiction - Cases in Cyber Jurisdiction
Unit-II: Information Technology Act, 2000 - Aims and Objects β Overview of the Act β Jurisdiction βElectronic Governance β Legal Recognition of Electronic Records and Electronic Evidence -Digital Signature Certificates - Securing Electronic records and secure digital signatures - Duties of Subscribers - Role of Certifying Authorities - Regulators under the Act -The Cyber Regulations Appellate Tribunal - Internet Service Providers and their Liabilityβ Powers of Police under the Act β Impact of the Act on other Laws .
Unit-III: E-Commerce - UNCITRAL Model - Legal aspects of E-Commerce β Digital Signatures - Technical and Legal issues - E-Commerce, Trends and Prospects - Etaxation, E-banking, online publishing and online credit card payment - Employment Contracts - Contractor Agreements, Sales, Re-Seller and Distributor Agreements, Non- Disclosure Agreements- Shrink Wrap Contract ,Source Code, Escrow Agreements etc.
Unit-IV: Cyber Law and IPRs-Understanding Copyright in Information Technology β Software β Copyrights vs. Patents debate - Authorship and Assignment Issues - Copyright in Internet - Multimedia and Copyright issues - Software Piracy β Patents - Understanding Patents - European Position on Computer related Patents - Legal position of U.S. on Computer related Patents - Indian Position on Computer related Patents βTrademarks :Trademarks in Internet - Domain name registration - Domain Name Disputes & WIPO -Databases in Information Technology - Protection of databases - Position in USA,EU and India
Unit-V: Cyber Crimes -Meaning of Cyber Crimes βDifferent Kinds of Cyber crimes β Cyber crimes under IPC, Cr.P.C and Indian Evidence Law - Cyber crimes under the Information Technology Act, 2000 - Cyber crimes under International Law β Hacking, Child Pornography, Cyber Stalking, Denial of service Attack, Virus Dissemination, Software Piracy, Internet Relay Chat (IRC) Crime, Credit Card Fraud, Net Extortion, Phishing etc - Cyber Terrorism - Violation of Privacy on Internet - Data Protection and Privacy.
Booksβ
- Kamlesh N. & Murali D.Tiwari(Ed), IT and Indian Legal System, Macmillan India Ltd, New Delhi
- K.L.James, The Internet: A Userβs Guide, Prentice Hall of India, New Delhi
- Chris Reed, Internet Law-Text and Materials, Universal Law Publishing Co., New Delhi
- Vakul Sharma, Hand book of Cyber Laws, Macmillan India Ltd, New Delhi
- S.V.Joga Rao, Computer Contract & IT Laws (in 2 Volumes), Prolific Law Publications, New Delhi
- T.Ramappa, Legal Issues in Electronic Commerce, Macmillan India Ltd, New Delhi
- Indian Law Institute, Legal Dimensions of Cyber Space, New Delhi
- Pankaj Jain & Sangeet Rai Pandey, Copyright and Trademark Laws relating to Computers, Eastern Book Co, New Delhi
- Farouq Ahmed, Cyber Law in India
- S.V.Joga Rao, Law of Cyber Crimes and Information Technology Law, Wadhwa & Co, Nagpur
LAW RELATING TO WOMENβ
Unit-I: Historical background and status of women in ancient India β Constitutional Provisions and gender justice β Provisions relating to women in fundamental Rights, Directive Principles of State Policy and Fundamental Duties etc. under the Indian Constitution.
Unit-II: Laws relating to marriage, divorce, succession and maintenance under the relevant personal laws with special emphasis on women β Special Marriage Act β Maintenance of women under Cr. P.C, 1973 and other laws β NRI Marriages β Live- in- relationships β Uniform Civil Code and gender justice
Unit-III: Special provisions relating to women under the Indian Evidence Act, 1872 β Offences against women under Indian Penal Code - outraging the modesty of women - sexual harassment β rape β bigamy - mock and fraudulent marriages β adultery - causing miscarriage - insulting women β Impact of the Criminal Law amendment , 2013.
Unit-IV: Socio-Legal position of women and the law β Dowry Prohibition Act, 1961, Medical Termination of Pregnancy Act β Law relating to misuse of Pre Natal Diagnostic Techniques and Sex selection β Law relating to Immoral Trafficking - Law relating to Domestic Violence β Law relating to Sexual Harassment at workplace.
Unit-V: Position of women under The Maternity Benefit Act, Factories Act and other Labour & Industrial Laws β Position of Women under International instruments β Salient features of Convention for Elimination of all forms of Discrimination Against Women (CEDAW) ; International Covenant on Civil and Political Rights βInternational Covenant on Social, Cultural and Economic Rights.
Booksβ
- S.P. Sathe: Towards Gender Justice.
- Vijay Sharma: Protection to woman in Matrimonial home
- Sarojini Saxena: Femijuris (Law relating to Women in India)
- Archana Parsher: Women and Social Reform
- Paras Diwan: Dowry and protection to married women
- Mary Wollstonecraft: A Vindication of the rights of women.
- G.B.Reddy: Women and Law, Gogia Law Agency, Hyderabad.
DRAFTING, PLEADINGS AND CONVEYANCINGβ
Class-room instruction and simulation exercises on the following items shall be extended.
Unit-I: Drafting: Drafting and documentation in civil, criminal and constitutional cases - General Principles of Drafting and relevant Substantive Rules β Distinction between pleadings and conveyancing
Unit-II: Pleadings: Essentials and drafting of pleadings : (i) CivilβPlaint, Written Statement, Memo - Interlocutory Application, Original Petition, Affidavit, Execution Petition, Memorandum of Appeal and Revision.(ii) Petition under Article 226 and 32 of the Constitution of India - Drafting of Writ Petition and PIL Petition.(iii) Criminalβ Complaint, Criminal Miscellaneous Petition, Bail Application, Memorandum of Appeal and Revision.
Unit-III: Conveyancing: Essentials and drafting of Sale Deed, Mortgage Deed, Lease Deed, Gift Deed, Promissory Note, Power of Attorney, Will and Trust Deed.
Practical Exercises: Pleadings carrying a total of 45 marks (3 marks for each) and 15 (fifteen) exercises in Conveyancing carrying another 45 marks (3 marks for each exercise) and remaining 10 marks for viva-voce. These 30 exercises shall be recorded. Each student shall be served with different problems for the purpose of exercise. These exercises shall be assessed and marks may be allotted. These exercises shall be evaluated by a common committee consisting of (i) Principal of the College/the concerned teacher (ii) University Representative appointed by the Controller of Examinations in consultation with the Chairman, Board of Studies in Law, O.U.; and (iii) an Advocate with 10 years experience at the Bar. The same committee will also conduct viva-voce on the above concepts. The proceedings of the viva-voce shall be recorded.
Note:
- Attendance of the students for viva-voce shall be compulsory.
- The above records certified by the University Representative appointed by the Controller of Examinations in consultation with the Chairman, BOS in Law shall be submitted to the University for Further Verification
Booksβ
- R.N. Chaturvedi : Pleadings and Conveyancing, Central Law Publications.
- De Souza : Conveyancing, Eastern Law House.
- Tiwari : Drafting, Pleading and Conveyancing, Central Law Agency.
- Mogha: Indian Conveyancer, Eastern Law House.
- Mogha: Law of Pleadings in India, Eastern Law House.
- Shiv Gopal: Conveyancing, Precedents and Forms, Eastern Book Company
- Narayana P.S.: Civil Pleadings and Practice, Asia Law House.
- Narayana P.S.: Criminal Pleadings and Practice, Asia Law House.
- Noshirvan H.Jhabvala: Drafting, Pleadings, Conveyancing & Professional Ethics. Jamhadar & Companes.
- R.D.Srivastava: The Law of Pleadings, drafting and Conveyancing, Central Law Agency.
MOOT COURTS, OBSERVATION OF TRIAL, PRE-TRIAL PREPARATIONS AND INTERNSHIPβ
This paper has three components of 30 marks each and viva-voce for 10 marks. (A) Moot Court (30 marks): Every student is required to participate in at least three moot courts in the VI Semester with 10 marks for each. The moot court work will be on an assigned problem and it will be evaluated for 5 marks for written submissions and 5 marks for oral advocacy. Marks will be given on the basis of written submission and oral advocacy. Written submissions shall include brief summary of facts, issues involved, provisions of laws and arguments, citation, prayer, etc. Marks for oral advocacy may be awarded for communication skills, presentations, language, provisions of law; authorities quoted, court manners, etc. Written Memorials submitted by the students shall be kept by the College for Further Verification . The performance of student in the moot court shall be evaluated by a committee consisting of (i) Principal of the College (ii) an Advocate with 10 years experience at the Bar; and (iii) the teacher concerned.
(B) Observance of Trial in two cases, one Civil and one Criminal (30 marks): Students are required to attend courts to observe at least one civil and one criminal case. They shall maintain a record and enter the various steps observed during their attendance on different days in the court assignment. The Court Observation Record submitted by the students should be evaluated by a committee consisting of (i) Principal of the College/the concerned teacher (ii) University Representative appointed by the Controller of Examinations in consultation with the Chairman, Board of Studies in Law, O.U.; and (iii) an Advocate with 10 years experience at the Bar and average be taken. Court attendance shall be compulsory and attendance has to be recorded in a register kept therefore. This may be carried under the supervision of a teacher of the college. This scheme will carry 30 marks.
(C) Interviewing Techniques and Pre-Trial Preparations and Internship Diary : (30 marks): Each student should observe two 'interview sessions' of clients either in the Lawyerβs Office or in the Legal Aid Office and record the proceedings in a diary, which will carry 15 marks. Each student has to further observe the preparation of documents and court papers by the Advocate and the procedure for the filing of the suit / petition.
The Internship shall be for a period of minimum of 15 days and it shall be mandatory. This shall be recorded in the diary which will carry 15 marks. The diary shall clearly indicate the dates on which the above observations are made and they shall be authenticated by the advocate concerned. Evaluation of the above diary shall be made by the committee consisting of (i) Principal of the College/the concerned teacher (ii) University Representative appointed by the Controller of Examinations in consultation with the Chairman, Board of Studies in Law, O.U.; and (iii) an Advocate with 10 years experience at the Bar and average be taken.
(D)Viva-voce (10 marks): There shall be viva-voce examination on all the above three components. The viva-voce Board consisting of (i) Principal of the College/the concerned teacher (ii) University Representative appointed by the Controller of Examinations in consultation with the Chairman, BOS in Law; and (iii)an advocate with 10 years experience at the Bar shall evaluate the student in the Viva. The proceedings of the viva-voce shall be recorded.
Note:
- Attendance of the students in all the four components of the paper shall be compulsory.
- The above records, diary certified by the University Representative appointed by the Controller of Examinations in consultation with the Chairman, BOS in Law shall be submitted to the University for Further Verification.
Booksβ
- Dr. Kailash Rai: Moot Court Pre-Trial Preparation and Participation in Trial Proceedings, Central Law Publication.
- Amita Danda: Moot Court for Interactive Legal Education, Asia Law House, Hyderabad.
- Blackstone's: Books of Moots, Oxford University Press.
- Mishra: Moot Court Pre-Trial Preparation and Participation in Trial Proceedings, Central Law, Allahabad
- G.B.Reddy, Practical Advocacy of Law, Gogia Law Agency, Hyderabad