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LL B 3years (New) Sem Scheme2024-27

The document outlines the syllabus for the LL.B. Three Year Programme at the University of Rajasthan, effective from the academic year 2024-25. It details the program objectives, specific outcomes, course structure, and evaluation methods, including the introduction of a Choice Based Credit System (CBCS). The program aims to provide comprehensive legal education, promote ethical practices, and prepare students for various legal professions through a structured curriculum across six semesters.
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0% found this document useful (0 votes)
83 views31 pages

LL B 3years (New) Sem Scheme2024-27

The document outlines the syllabus for the LL.B. Three Year Programme at the University of Rajasthan, effective from the academic year 2024-25. It details the program objectives, specific outcomes, course structure, and evaluation methods, including the introduction of a Choice Based Credit System (CBCS). The program aims to provide comprehensive legal education, promote ethical practices, and prepare students for various legal professions through a structured curriculum across six semesters.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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FACULTY OF LAW
UNIVERSITY OF RAJASTHAN
JAIPUR

LL.B. Three Year Programme


(Semester Scheme)
(From 2024-25 onwards)

SYLLABUS

LL.B. FIRST YEAR EXAMINATION (Semester I and Semester II) 2024-25

LL.B. SECOND YEAR EXAMINATION (Semester III and Semester IV) 2025-26

LL.B. THIRD YEAR EXAMINATION (Semester V and Semester VI) 2026-27


Programme Code: UG0602
Programme Nomenclature: LL.B. Three Year Course
(Semester Scheme)

1. PROGRAM OBJECTIVES (POs)


The LL.B. Three Year Course (Semester Scheme) programme provides rigorous and
innovative legal education that focuses on diverse interests and approaches. This course
is designed to introduce, teach and provide students with an in-depth knowledge of law.
Students will be motivated to learn the basic principles of law and its importance in their
working lives, as well as how to use it to reform society.
This course has the potential to produce Legal Professionals who will contribute
to social change. Not only will students be trained to solve legal problems, but they can
also work for the betterment of society. The program is designed for activities such as
court cases, legal aid camps and court visits, conferences, meetings and practical training
to develop strong skills to support students.
The aim of this program is to improve the quality of Legal education. Mentor-
Mentee method & Teaching-learning methods have been updated to improve the
education of the students and the overall development of the student. It strives to provide
students with the skills and knowledge necessary for their international studies and
careers.
It is also intended to promote ethical practices in the legal profession to properly
administer the law, make decisions, support and develop professional skills, knowledge
and values of the student for participation and leadership in the international community.

2. PROGRAM SPECIFIC OUTCOMES (PSOs)


Upon finishing a LL.B. Three Year Course (Semester Scheme) programme, the students
will have the ability to:
1) Comprehend the fundamentals of law, its methods, protocols, and applicable
procedures used in the realm of law.
2) Enhance understanding in a specific area and improve practical abilities
3) Show sufficient legal expertise in various scenarios.
4) Perform legal exploration utilizing analytical and critical reasoning.
5) Cultivate an understanding of the socioeconomic, political, and cultural setting and
embrace social responsibility.
6) Foster a worldwide outlook on diverse legal matters.
7) Cultivate ethical deliberation and professional conduct.
8) The responsibilities of a Legal advisor, Litigation Lawyer, Advocate, Solicitor,
Public prosecutor, Legal Journalist/ Writer, Law Teacher/ Lecturer, Judiciary,
Government services, and Higher education can now be managed by the Law
students.

3. INTRODUCTION OF CBCS (CHOICE BASED CREDIT SYSTEM)


The CBCS provides an opportunity for the students to choose courses from the prescribed
courses comprising core, elective courses and skill enhancement course. The courses can
be evaluated following the grading system, which is considered to be better than the
conventional marks system. The grading system provides uniformity in the evaluation
and computation of the Cumulative Grade Point Average (CGPA) based on student’s
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performance in examinations which enables the student to move across institutions of
higher learning. The uniformity in evaluation system also enables the potential employers
to assess the performance of the candidates.

4. DEFINITIONS:
1) ‘Academic Programme’ means an entire course of study comprising its programme
Structure, course details, evaluation schemes etc. designed to be taught and
evaluated in a teaching Department/Centre or jointly under more than one such
Department/ Centre.
2) ‘Course’ means a segment of a subject that is part of an Academic Programme.
3) ‘Programme Structure’ means a list of courses (Core, Elective, Open Elective) that
makes up an Academic Programme, specifying the syllabus, Credits, hours of
teaching, evaluation and examination schemes, minimum number of credits
required for successful completion of the programme etc. prepared in conformity
to University Rules, eligibility criteria for admission.
4) ‘Core Course’ means a course that a student admitted to a particular programme
must successfully complete to receive the degree and which cannot be substituted
by any other course.
5) ‘Compulsory Clinical Courses’ means courses prescribed by Bar Council of India in
Part II (B) of Schedule II of Rules of Legal Education, 2008.
6) ‘Elective Course’ means an optional course to be selected by a student out of such
courses offered in the semester.
7) ‘5 Credit’ means the value assigned to a course which indicates the level of
instruction that is four One-hour lecture and 2 hours Tutorial class per week equals
5 credits.
8) ‘SGPA’ means Semester Grade Point Average calculated for individual semester.
9) ‘CGPA’ is Cumulative Grade Points Average calculated for all courses completed by
the students at any point of time. CGPA is calculated each year for both the
semesters clubbed together.
10) ‘Grand CGPA’ is calculated in the last year of the course by clubbing together of
CGPA of three years, i.e. Six semesters. Grand CGPA is to be given in Transcript
form. To benefit the student a formula for conversation of Grand CGPA into
percentage marks is to given in the Transcript.

5. MAXIMUM YEARS FOR COMPLETION OF LL.B. PROGRAMME


The duration of LL.B. programme shall be six semesters (three academic years). The
maximum duration for completing the programme shall be five consecutive academic
years. If a candidate is unable to clear all the semesters of the program within the
maximum duration of five years, she/he shall automatically exit from the program.

6. PROGRAMME STRUCTURE
 The LL.B. Programme is a three-year programme divided into six-semesters. A
student is required to complete 150 credits for the completion of programme and
the award of degree.
 Each semester shall have five courses. There will be a total of 30 courses out of
which there are 20 Compulsory Core Courses, 4 Compulsory Clinical Courses and
6 Elective Courses. Each course shall have 5 credits.

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 There shall be a non-credit skill enhancement course on Computer Education in
the III semester.

Programme Code: UG0602


Programme Nomenclature: LL.B. Three Year Course (Semester Scheme)

Semester I
Course Type Course Code Nomenclature Credits
Core Course LAW-51T-101 Law of Contract 5
Core Course LAW-51T-102 Family Law - I 5
Core Course LAW-51T-103 Constitutional Law – I 5
Core Course Law of Tort including MV Accident and Consumer 5
LAW-51T-104
Protection Laws
Elective Course LAW-51T-105A Legal Methods and Research 5
LAW-51T-105B Indian Legal and Constitutional History
Semester II
Course Type Course Code Nomenclature Credits
Core Course LAW-52T-106 Special Contracts 5
Core Course LAW-52T-107 Family Law - II 5
Core Course LAW-52T-108 Constitutional Law – II 5
Core Course LAW-52T-109 Jurisprudence 5
Compulsory Clinical Mediation, Conciliation & Arbitration 5
LAW-52T-110
Course
Semester III
Course Type Course Code Nomenclature Credits
Core Course LAW-63T-201 Law of Crimes – I (Bhartiya Nyaya Sanhita, 2023) 5
Core Course LAW-63T-202 Law of Taxation 5
Core Course LAW-63T-203 Company Law 5
Core Course LAW-63T-204 Property Law (Including TPA and Easements) 5
Elective Course LAW-63T-205A Gender Justice & Feminist Jurisprudence 5
LAW-63T-205B Insurance Law
Skill Enhancement 0
Computer Education
Course
Semester IV
Course Type Course Code Nomenclature Credits
Core Course Law of Crimes – II (Bhartiya Nagrik Suraksha Sanhita, 5
LAW-64T-206
2023)
Core Course LAW-64T-207 Environmental Laws 5
Core Course LAW-64T-208 Public International Law 5
Compulsory Clinical 5
LAW-64T-209 Professional Ethics & Professional Accounting System
Course
Elective Course LAW-64T-210A Interpretation of Statutes and Principles of Legislation 5
LAW-64T-210B Land Laws including Tenure & Tenancy System
Semester V
Course Type Course Code Nomenclature Credits
Core Course LAW-75T-301 Law of Evidence (Bhartiya Sakshya Adhiniyam, 2023) 5
Core Course LAW-75T-302 Labour and Industrial Laws – I 5
Core Course LAW-75T-303 Civil Procedure Code and Limitation Act 5
Elective Course LAW-75T-304A Information Technology Laws 5
LAW-75T-304B Health Law
Elective Course LAW-75T-305A Competition Law 5

4
LAW-75T-305B Human Right Law and Practice
Semester VI
Course Type Course Code Nomenclature Credits
Core Course LAW-76T-306 Administrative Law 5
Core Course LAW-76T-307 Labour and Industrial Laws – II 5
Compulsory Clinical Drafting, Pleading and Conveyancing 5
LAW-76T-308
Course
Compulsory Clinical 5
LAW-76T-309 Moot Court Exercise and Internship
Course
Elective Course LAW-76T-310A Intellectual Property Laws 5
LAW-76T-310B Criminology, Penology and Victimology

7. COURSE CREDIT SCHEME:

Sem. Total Core Courses & Elective Course Grand


No. of Compulsory Clinical Total
Papers Courses Credits

Credits No. of Total Credits No. of Total


(L+T) Papers credits (L+T) Papers credits

I 5 4+1 4 20 4+1 1 5 25

II 5 4+1 5 25 4+1 0 5 25

III 5 4+1 4 20 4+1 1 5 25

IV 5 4+1 4 20 4+1 1 5 25

V 5 4+1 3 15 4+1 2 5 25

VI 5 4+1 4 20 4+1 1 5 25

Total 30 5 24 120 5 6 30 150

Semester Semester

Part I First Year Semester I Semester II

Part II Second Year Semester III Semester IV

Part III Third Year Semester V Semester VI

8. SELECTION OF ELECTIVE COURSES:


An Elective Course shall be taught only if a minimum of twenty students opt to study the
course. The elective courses are offered in Semester I, III, IV, V and VI and the students
will have a choice to select elective papers from the following papers:
1. Semester I
a. Legal Methods and Research
b. Indian Legal and Constitutional History
2. Semester III
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a. Gender Justice & Feminist Jurisprudence
b. Insurance Law
3. Semester IV
a. Interpretation of Statutes and Principles of Legislation
b. Land Laws including Tenure & Tenancy System
4. Semester V
a. Information Technology Laws
b. Health Law
5. Semester V
a. Competition Law
b. Human Right Law and Practice
6. Semester VI
a. Intellectual Property Laws
b. Criminology, Penology and Victimology

9. TEACHING PEDAGOGY:
The primary mode of teaching in Faculty of Law for most Courses continues to be Case
Method, supplemented with Lectures. Use of multi-media has become common place in
the teaching of law in the Faculty of Law, University of Rajasthan with the introduction of
technology in the classrooms.

10. ELIGIBILITY FOR ADMISSIONS:


 As per Bar Council of India norms.
 Reservation and relaxation will be applicable as per the Government of Rajasthan
and University of Rajasthan Rules as amended from time to time.

11. ADMISSION THROUGH ENTRANCE TEST


Admission will be done through Entrance Test (ULET) as decided by the University.

12. MEDIUM OF INSTRUCTION


English/Hindi shall be the medium of instruction, though answers in end semester
examination may be written in Hindi.

13. EXAMINATION SCHEME


 Maximum Marks: All the courses except skill enhancement courses shall be of 5
credits and shall be of a maximum of 100 Marks each. Out of 100 marks there shall
be an end-semester written exam for 80 marks in all Core and Elective Courses and
20 marks for Continuous assessment. For the Compulsory Clinical Courses, the
Scheme of Examinations shall be as follows:

Compulsory Clinical Course Continuous Assessment External Viva


Alternate Dispute Resolution 90 Marks 10 Marks
Professional Ethics & Accounting 90 Marks 10 Marks
Drafting, Pleading and Conveyancing 90 Marks 10 Marks
Moot Court, Mock Trial & Internship 90 Marks 10 arks

 Duration of End Semester Examination: The duration of the end semester


written exam in Core and Elective Courses (except the Compulsory Clinical Course)
shall be three hours duration.

6
 Pattern of Question Paper: The Question paper of end semester examination for
above course shall consist of two-parts- Part A (20 Marks) and Part B (60 Marks).
 Part A shall have 4 short answer types of question of 5 marks each. All
questions of Part A shall be compulsory.
 Part B shall have 6 questions out of which the student has to attempt any 4
questions, and each question shall carry 15 marks.

 Guidelines for the Award of Internal Assessment Marks: There shall be


weightage of 20 marks for Continuous Assessment in all Core and Elective Courses
consisting of:
 10 marks for the written submission of the project report on a topic
assigned by the teacher concerned to each student.
 5 marks for oral Presentation of the submission.
 5 marks will be given for attendance as per the following formula:
 76%-80% attendance 1 Mark
 81%-85% attendance 2 Marks
 86%-90% attendance 3 Marks
 91%-95% attendance 4 Marks
 96%-100% attendance 5 Marks.

 Page Limit for written answers in Core and Elective Courses


There shall be page limit for answers by the students. The students shall limit their
answers ordinarily to not more than five Pages. In no case will an additional
answer sheet be given to the student.

 Pass percentage and Classification of Successful Candidates:


The following shall be the percentage of marks for passing the examination and for
classification of successful candidates admitted to the LL.B. course:
1) A candidate must secure 150 credits in total from Twenty Four Compulsory
Courses, Six Elective Courses and Four Compulsory Clinical Course in six
semester to be eligible to obtain the LL.B. Degree;
2) A candidate must secure not less than 45% marks to pass in each Paper;
3) A candidate securing 60% or more marks in the aggregate in all the 30 courses
taken together will be awarded First Division;
4) A candidate securing less than 60% marks but not less than 50% marks in the
aggregate in all the 30 courses taken together will be awarded Second Division;
5) No Division will be awarded to a candidate securing less than 50% marks in
the aggregate in all the courses taken together;
6) The Distinction in any paper(s) of a Term will be awarded only to those
candidates who passed in all papers of the Term concerned in one attempt in
normal course securing 75% marks in the paper(s) concerned.

 Promotion from Part I to Part II and from Part II to Part III:


1) No student shall be Promoted to the next Term, if he/she has been detained in
the examination for a shortage of attendance.
2) Subject to sub-rule (i) above, a student of LL.B. First, Third or Fifth Term shall
be eligible for promotion to the Second, Fourth or Sixth Term, respectively

7
irrespective of the number of courses in which he/she has failed to Pass or
failed to appear in the First, Third or Fifth Term examinations.
3) Subject to sub-rules (i) and (ii) above, a student of LL.B. Second Term shall be
eligible for promotion to Third Term if he/she has passed at least six courses
of First and Second Term examinations taken together and a student of Fourth
Term shall be eligible for promotion to Fifth Term if he/she has Passed in all
courses of First and Second term and at least six courses of Third and Fourth
Term examinations taken together.

 Conversion of Marks into Grades:


As per University Examination rules notified by competent authority the formula
for conversion of Grand CGPA into percentage.

14. Internship
Each registered student in LL.B. Programme shall have to complete minimum of 12 weeks
internship during the entire period of their programme under NGO, Trial and Appellate
Advocates, Judiciary, Legal Regulatory authorities, Legislatures and Parliament, Other
Legal Functionaries, Market Institutions, Law Firms, Companies, Local Self Government
and other such bodies.

15. Attendance Requirement to Appear in End Semester Test


Attendance Rules in conformity with the Rule 12 of the BCI Rules of Legal Education, 2008.

SYLLABUS
Semester I

Course Type Course Code Nomenclature Credits


Core Course LAW-51T-101 Law of Contract 5
Core Course LAW-51T-102 Family Law - I 5
Core Course LAW-51T-103 Constitutional Law – I 5
Core Course Law of Tort including MV Accident and Consumer 5
LAW-51T-104
Protection Laws
Elective Course LAW-51T-105A Legal Methods and Research 5
LAW-51T-105B Indian Legal and Constitutional History

LAW OF CONTRACT
COURSE OBJECTIVES:
 To Study in detail, the evolution of Contract legislation along with the role of equity
courts played in the progression of Contract Law.
 To make students familiar with basics and various principles of Contract.
 To make students familiar with the role of contract in the era of globalization

COURSE LEARNING OUTCOMES:


 Students will have the broad understanding of various concepts of Law of Contract.
 Students will learn to identify the relevant legal issues that arise in Contract Formation.
 Development of critical thinking for creative solutions to the various complex legal
problems in Law of Contract.

8
COURSE CONTENT

UNIT-I
 Meaning, elements and characteristics of Contract.
 Basis of Contract, Classification of Contract, Standard form of Contract.
 E- Contracts: Definition, Salient Features, Formation and types, Differences between E-
Contract and Traditional Contract, Advantages and Disadvantages of E- Contracts.
 E-commerce and how the same defines the formation of contract. Understanding it from
the perspective of Consumer Protection Act, Information Technology Act, 2000
(recognition of electronic communication etc), place of conclusion of contract, accrual of
cause of action, etc.
 E- Contract/ Contractual Rights and Obligations while transfer of goods by various
mediums including land, sea, air.
 Proposal: Meaning, Elements Characteristics and Kinds of Proposal, Distinction between
Proposal and Invitation to Proposal
 Acceptance: Meaning, Modes and Characteristics of Acceptance.
 Communication including electronic communications, Revocation and Termination of
Proposal and Acceptance.

UNIT-II
 Consideration: Meaning, Definition, Elements, Significance, and adequacy of
Consideration.
 Legality and Object of Consideration.
 Concept of Stranger to Contract and privity consideration and Exceptions.
 Capacity to Contract: Who cannot make a contract, Minor in Law of Contract.
 Place of person of unsound mind under Law of Contract.
 Legal disability to enter into contract and Persons deprived of the Capacity to
 Contract.

UNIT-III
 Free Consent: Meaning of Consent and Free Consent.
 Factors rendering consent not free and their effect upon the validity of Contract.
 Voidable Contracts, Void Agreements and Void Contracts Under Law of Contract
 Doctrine of Frustration under Law of Contract
 Contingent Contract under Law of Contract
 Certain relations resembling to those created by Contract (Quasi Contract)
UNIT-IV
 Performance of Contract: Contract which must be performed, by whom the Contract must
be performed, Time and Place for Performance
 Performance of Reciprocal promises
 Appropriation of Payments, Contracts which need not be performed.
 Breach of Contract: Meaning, Kinds and Consequences of Breach of Contract
 Remedies for Breach of Contract, Damages-Measure of damages and remoteness of
damages
 Specific Performance of contract and injunctions under Specific Relief Act, 1963 and
Amendments.

SUGGESTED READINGS/ REFERENCES


 Atiyah P.S., An Introduction to the Law of Contract, Clarendon Law Series, Clarendon Press,
1995, ISBN-0198259530
 Avtar Singh, Contract and Specific Relief (English & Hindi), EBC (Publisher), 13th
Edition,2024
 Justice Sen, Commentary on The Indian Contract Act, 1872, EBC(Publisher), 2022
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 Mulla, The Law of Contract, LexisNexis, 16th Edition, 2021
 Pollock & Mulla: The Indian Contract Act, LexisNexis, 16th Edition, 2021, ISBN-
9789391211370
 Richard Stone, The Modern Law of Contract, Routledge, 2005, ISBN- 9781859418826
 V.G. Ramchandra: The Law of Contract in India, EBC, 7th Edition, 2022.
 M.P.Furmston, Cheshire, Fifoot and Furmston’s, Law of Contract (15th ed., 2007)

SUGGESTED CASE LAWS


 Bhagwandas Goverdhan Dass Nadia v. M.S. Girdari Lal Parshottam Dass and Co., AIR
1966 SC 548
 Khan Gul and Ors v. Lakha Singh, AIR 1928 SC Lahore 609
 Sonia Bhatia v. State of U.P., AIR 1981 SC 1274
 Gheru Lal Parakh v. Mahadeo Das, AIR 1959 SC 781
 Satya Brata Ghosh v. Mugneeram Bangur and Co., AIR 1954 SC 44
 Puran Lal Shah v. State of U.P., AIR 1971 SC 712
 Tarsem Singh v. Sukhminder Singh (1998) 3 SCC 471
 Patel Engineering Ltd. and Anr. v. National Highway Authority of India and Anr., AIR
2005 Del. 298
 Shree Balaji Coal Linkers, U.P. v. Bharat Sanchar Nigam Ltd and Ors., AIR 2004 All. 141
 Prentice Hall India Pvt. Ltd. v. Prentice Hall Inc. and Ors., AIR 2003 Del. 236
 M/s Harayna Telcom Ltd. v. Union of India and Anr., AIR 2006 Del. 339
 Central Inland Water Transport Corpn. Ltd. v. Brojo Nath Ganguly (1986) 3 SCC 156
(Also see D.T.C. v. D.T.C. Mazdoor Congress, AIR 1991 SC 101; Bank of India v. O.P.
Swarankar, AIR 2003 SC 858)
 Dhurandhar Prasad Singh v. Jai Prakash University, AIR 2001 SC 2552
 Easun Engineering Co. Ltd. v. The Fertilizers & Chemicals Travancore Ltd., AIR 1991
Mad. 158
 Ghaziabad Development Authority v. Union of India, AIR 2000 SC 2003
 Oil & Natural Gas Corporation Ltd. v. Saw Pipes Ltd. (2003) 4 SCALE 92
 P R Transport Agency v. Union of India, AIR 2006 ALL 23
 Timex International Fze Ltd Dubai v. Vedanta Aluminium Ltd. (2010) 3 SCC 1

10
FAMILY LAW-I (HINDU LAW)
COURSE OBJECTIVES:
1. To expose students about sources and schools of Hindu Law and uncodified Hindu law
related to Joint Hindu Family and Coparcenary.
2. To apprise the students about the Hindu Marriage and Matrimonial Issues, Maintenance
and Legitimacy
3. To expose the students about Adoption, Minority, Guardianship and codified Hindu Law
related to Succession.

COURSE OUTCOMES
Students shall learn and understand the-
1. Importance of different rights and remedies available to the family members under Hindu
Law.
2. System of prohibited degrees and sapinda relationship to understand the concept of void
marriages.
3. Concept of void/voidable marriages in reference to “live in relationship”.
4. Concept of Adoption, Surrogacy, Guardianship, Maintenance
5. Fundamentals of law with commitment towards learning.
6. Applicability of succession of Hindu law in practical life.

COURSE CONTENT

UNIT I - Uncodified Hindu Law:


 Sources, School, and Application of Hindu Law
 Persons included in the meaning of Hindu
 Joint Hindu Family: Coparcenary, Coparcenary Property and Self-acquired Property;
Karta: Status, Powers, and obligations,
 Partition: Meaning, Property for Partition, Person entitled for partition and allotment of
shares, Determination of shares, Re-opening of Partition, Reunion,
 Debts: Doctrine of Pious Obligation; Antecedent Debts.
 Religious and Charitable Endowments – Essentials of an Endowment Kinds, Shebait and
Mahant: Status, Powers, and Obligations

UNIT II - The Hindu Marriage Act, 1955: (with Latest amendments, if any)
 Conditions of a Hindu Marriage; Its Ceremonies and Registration of Hindu Marriage.
Validity of Child Marriage under The Prohibition of Child Marriage Act, 2006 (Relevant
Provisions)
 Matrimonial Remedies: Restitution of Conjugal Rights; Judicial Separation, Void and
Voidable Marriage; Divorce, Theories of Divorce; Alternative Relief in divorce
proceedings, Divorce by Mutual Consent.
 Legitimacy of Children of void and voidable marriage.
 Maintenance Pendent-lite and Permanent Alimony
 Live-in -relationship

UNIT III - The Hindu Succession Act, 1956:(with Latest amendments, if any)
 Daughter as a Coparcener
 Succession to the property of a Hindu male dying Intestate: Rules and Distribution of the
property.
 Property of a Female Hindu to be her absolute Property
 Succession to the property of a Hindu female dying Intestate: Rules and distribution of the
property.
 General rules and disqualifications of succession.

11
UNIT IV - The Hindu Adoption and Maintenance Act, 1956:(with Latest amendments, if any)
 Requisites of a valid adoption; Capacity to take in adoption; Capacity to give in Adoption,
Effects of Adoption; Miscellaneous provisions of adoptions.
 Maintenance of Wife, Children, and Parents;
 Maintenance of widowed daughter-in-law;
 Dependents and their maintenance;
 Amount of Maintenance.
The Hindu Minority and Guardianship Act, 1956:(with Latest amendments, if any)
 Natural Guardians and their powers;
 Testamentary guardian and their powers,
 De-facto and De-jure Guardians,
 General Provisions of Guardianship.
 Important features of Surrogacy Regulation law

SUGGESTED READINGS/ REFERENCES


1. Mulla : Principles of Hindu Law
2. Paras Diwan : Modern Hindu Law
3. Tahir Mehmood : Hindu Law
4. BM Gandhi: Hindu Law
5. Kusum and Poonam Pradhan Saxena: Lectures on Family Law

SUGGESTED CASES:
1. Shastri Yajna Purusdasji v. Muldas, AIR 1966 SC 1119
2. Hanooman Prasad v. MussamatBabooesMunrajKoonware, (1856) 6 MIA 395.
3. Brij Narayan v. Mangla Prasad, (1924) 51 IA 129.
4. Bipin Chandra v. Prabhavati, AIR (1957) SC 176.
5. Dr. Narayan Ganesh Dastane v. Sucheta Dastane AIR (1975) SC 1534
6. Dharmendra Kumar v. Usha Kumar, AIR (1977) SC 2218
7. Tulsamma v. Sesha Reddi, AIR (1977) SC 1944
8. Shabnam Hashmi v. Union of India & Ors., (2014) 4 SCC 1
9. Prakash & Ors. v. Phulavati & Ors., (2016) 2 SCC 36
10. Danamma @ Suman Surpur & Anr. v. Amar & Ors., (2018) 3 SCC 343

12
CONSTITUTIONAL LAW-I
COURSE OBJECTIVES:
 To provide students with a comprehensive understanding of the fundamental principles
and structures of the Indian Constitution.
 To familiarize students with the provisions related to citizenship, fundamental rights,
directive principles of state policy, and fundamental duties.
 To enable students to critically analyze and interpret key constitutional articles and their
implications in contemporary Indian society.

COURSE OUTCOMES:
 Students will be able to demonstrate a thorough understanding of the Indian Constitution,
its historical context, and its significance in shaping Indian democracy.
 Students will be able to analyze and interpret various provisions of the Indian Constitution
and their implications for citizens, society, and governance.

COURSE CONTENT

UNIT I - The making of the Constitution of India


1.1 Role of Constituent assembly in the making of the Constitution of India
1.2 Features of the Indian Constitution
1.3 Nature of the Indian Constitution
1.4 Essentials of Federal Constitution
1.5 Contribution of Government of India Act,1935 and the Indian Independence Act,
1947
1.6 Constitution, Constitutional law and Constitutionalism
1.7 Preamble - Importance and amendability

UNIT-II - Fundamental Rights under Indian Constitution: Right to Equality and right to
Freedom
2.1Definition of State under Article 12, Article 13 - Inviolability of Fundamental Rights
2.2Doctrine of Eclipse, Doctrine of Severability, Judicial Review
2.3Right to Equality, Rule of Law
2.4. Doctrine of classification, Intelligible Differentia, Doctrine of Arbitrariness
2.5 Positive discrimination and affirmative action
2.6 Right to Freedom and reasonable restrictions
2.7 Freedom of Press in constitutional democracy

UNIT III - Fundamental Rights under Indian Constitution: Right to life and personal liberty,
Conscience, Religion, Human Dignity and Constitutional remedies
3.1 Safeguards against conviction, arrest and detention
3.2 The Right to Life and Personal Liberty
3.3 Right against Exploitation
3.4 Freedom of religion and secularism
3.5Cultural and educational Rights
3.6Right to property: constitutional policy before and after 44th amendment
3.7Right to Constitutional Remedies

UNIT-IV - Directive Principles of State Policy, Fundamental Duties and basic structure
4.1 Directive Principles of State Policy vis-à-vis Fundamental Rights
4.2 Relationship between Fundamental Rights and Duties
4.3 Legislative efforts for enforcement of Fundamental Duties
4.4 Social and Economic Justice and Free Legal Aid
4.5 Unity and Integrity of nation and Uniform Civil Code

13
4.6 Amendment and doctrine of Basic structure
4.7 Locus Standi, PIL and Judicial activism

SUGGESTED READINGS/REFERENCES:
1. Dr J.N.Pandey, Constitutional Law of India, Asia Law House (Central Law
Agency),60thEdition, 2023
2. Granville Austin, "The Indian Constitution: Cornerstone of a Nation", Oxford University
Press, Revised Edition, 2003
3. Dr. Avtar Singh, "The Constitution of India", Central Law Publications, Latest Edition,
2019
4. M.P. Jain, "Indian Constitutional Law", Wadhwa and Company, 5th Edition, 2006
5. V.N. Shukla, "Constitution of India," Eastern Book Company, Latest Edition, 2012
6. Durga Das Basu, Introduction to the Constitution of India,23rd Edition LexixNexis,2018

SUGGESTED CASE LAWS:


1. A.K. Gopalan v. State of Madras AIR 1950 SC 27
2. Kesavananda Bharati v. State of Kerala AIR 1973 SC 1461
3. Maneka Gandhi v. Union of India AIR 1978 SC 597
4. Sunil Batra v. Delhi Administration 1978 AIR 1975
5. Minerva Mills Ltd. & Ors. v. Union of India & Ors. 1980 AIR 1789
6. VikramDeo Singh Tomarv. State of BiharAIR 1988 SC 1782
7. Vishakha v. State of Rajasthan AIR 1997 SC 3011
8. ArunaShaunbagh v. Union of India AIR 2011 SC 1290
9. Justice K.S. Puttaswamy v. Union of India AIR 2017 SC 4161
10. Navtej Singh Johar v. Union of India (2018) AIR 2018 SC 4321
11. Supreme Court Advocates-on-Record Association & Ors. v. Union of India, (2016) 5
SCC 1
12. Shreya Singhal v. Union of India, (2015) 5 SCC 1
13. Jarnail Singh v. Lachhmi Narain Gupta, (2022) 10 SCC 396

14
LAW OF TORT INCLUDING MV ACCIDENT AND
CONSUMER PROTECTION LAWS

COURSE OBJECTIVES:
With rapid industrialization, law of tort has taken a dynamic shape and came to be used as an
effective remedy against manufacturers and industrial units for their activities injurious to human
beings. The basic purpose for introducing this law is:
1. To give a comprehensive overview of law of tort along with Consumer Protection laws and
motor vehicles laws.
2. To equip the students for analyse the various doctrines and principles for tortious liability.
3. To analyse and interpret various judicial decisions under law of tort.
4. To apply law to complex problems using appropriate legal problem-solving techniques.

COURSE LEARNING OUTCOMES:


After completion of the course the student should be able:
1. To understand law of tort, consumer protection law and motor vehicle laws in general.
2. To analyse the various doctrines and principles of tortious liability and application on real
life cases.
3. To interpret the judicial decisions and application of cases in other situations.
4. To solve the complex problems of real life by applying the provisions and cases.

COURSE CONTENT:

UNIT I - Introduction, General Defences and Liability


1. Definition, Nature, Scope, Objects and Elements of Tort, Maxims, Extinction or Discharge
of Tortious Liability, Joint Tort-feasors.
2. General Defences of Tortious Liability.
3. Vicarious Liability, Doctrine of Common Employment, Vicarious liability of the State.
4. Rules of Strict Liability and Absolute liability.

UNIT II - Remedies, Damages, Negligence…


1. Remedies, Kinds and Measure of Damages, Remoteness of Damage.
2. Trespass to the person- Assault, Battery and False Imprisonment, Trespass to land.
3. Negligence, Contributory Negligence and Medical Negligence
4. Nuisance, Malicious Prosecution, Defamation.

UNIT III - Consumer Protection Act, 2019


1. Evolution of Consumer Protection Movement, Consumer movement,
2. Definitions, Consumer Dispute,
3. Consumer Protection Council; Central Consumer Protection Authority
4. Consumer Dispute Redressal Commission, Consumer Mediation Cell.
5. Product liability, Offences and Penalties & Role of Judiciary in Consumer Protection in
India

15
UNIT IV - Motor Vehicles Act, 1988 with Motor Vehicle (Amendment) Act 2019
1. Definitions, e-cart and e-rickshaw.
2. Insurance of Motor Vehicles against third party risks.
3. Liabilities, Claims tribunal.
4. Offences penalties and procedures

SUGGESTED READINGS/REFERENCES:
1. P. H. Winfield, Law of Tort,Sweet and Maxwell Ltd 1937
2. P.H. Winfield, The Province of law of tort, Cambridge University Press 2013
3. A Laxminath and M Sridhar, Ramaswami Iyer’s Law of Torts, Lexis Nexis Butterworth 1 st
Edition 2010
4. Ramaswami Iyer, Ramaswami Iyer’s Law of Torts, Lexis Nexis 10th edition 2007
5. B.S. Sinha, Law of Torts, State Mutual Book & Periodical Service Limited 4th edition 1981

6. Salmond &Heuston, Law of Torts, RFV Heston & RA Buckley Sweet & Maxwell21st edition
2022
7. Street Harry, Law of Torts, Butterworth & Co Publisher Ltd 6th revised edition 1976
8. Gurbax Singh, Law of Consumer Protection,Bharat law Publication 1991
9. Dr Avtar Singh and Dr Harpreet Kaur,Introduction of law of Torts and Law of Consumer
ProtectionLexisnexis 4th edition 2020
10. James Goudkamp and Professor Donal Nolan, Winfield and Jolowicz on Tort Thompson
Reuter12th edition 2020

SUGGESTED CASE LAWS:


1. Klaus Mittlebachert v. East India Hotels Pvt. Ltd. AIR 1997 Delhi 201
2. Ushaben v. Bhagya Laxmi Chitra Mandir, AIR (1978) Guj. 13.
3. N. Nagendra Rao v. State of Andhra Pradesh, AIR (1994) SC 2663.
4. Municipal Corporation of Delhi v. Smt. Subhagwati, AIR (1966) SC 17.
5. Rylands v. Fletcher, (1868) LP. 3 HL 330.
6. Indian Medical Association v. V. P. Shantha, AIR (1996) SC 558.
7. Donogue v. Stevenson (1932)
8. Carlill v. Carbolic Smoke Ball Company (1892)
9. National Insurance Co. Ltd. v. Hindustan Safety Glass Works Ltd., (2017) 5 SCC 776
10. Mysore Urban Development Authority vs State Of Karnataka (2022) 6 SCC 127

16
LEGAL METHODS AND RESEARCH
COURSE OBJECTIVES:
 The course is designed to scientifically relate the English Language and Basic Legal
Research as the means and methods for development of effective reading, writing,
communication and presentation skills.
 A law student is most often faced with the primary task of problem solving and advising.
 The problem may be complex in nature and may involve different branches of law.
 Learning about how to find the law is as important as the substantive study of various
laws.
 The understanding of facts is critical to the process of identifying favourable precedents
and the strength of a legal argument lies in the thoroughness of the research, which must
also be clearly presented, in writing and orally.

COURSE OUTCOMES
The learning outcomes as under-
 Students will learn how to use precise legal language and apply appropriate research
methodologies to support legal arguments
 Students will be equipped to analyze complex legal issues by effectively identifying,
interpreting, and synthesizing relevant legal sources.
 They will be able to apply this knowledge to solve legal problems across various branches
of law.
.
COURSE CONTENTS

UNITI - LEGAL LANGUAGE


i. Introduction to Language and Communication
ii. Use of Legal Phrases and Terms List of Legal Terms
iii. Latin Maxims
iv. Pair of words
v. One-word substitution
vi. Comprehension of Legal Texts
vii. Newspaper Reading.

UNIT II - READING AND COMPREHENSION SKILLS


i. Prescribed Leading Cases
ii. Communication & Presentation Skills
iii. Precise Writing
iv. Brief Writing and Drafting of reports;
v. Essay writing and topics of legal interest.
vi. Translation (from English to Hindi and Hindi to English)
vii. Resume.

UNIT III - MEANING, CLASSIFICATION AND RESEARCH WRITING


i. What is Research? Meaning and Objectives,
ii. Research methods vis-a-vis Research Methodology,
iii. Legal Research - Meaning, scope and purpose. Relation between Law and Society,
iv. Types/kinds: Doctrinal and Non-Doctrinal (empirical), Applied,
Fundamental; Library Research, Field Research, Analytical, Descriptive,
Conceptual; Participatory and Non-Participatory,
v. Comparative, Historical, Statistical, Critical, Socio-Legal, Mono disciplinary and Trans
Disciplinary, Quasi-Disciplinary, Inter-Disciplinary (multi- disciplinary) Research,
vi. Quantitative and Qualitative, One Time and Longitudinal, Clinical or Diagnostic Research,
vii. Research for Legal Reform.
17
UNIT IV - LEGAL RESEARCH, METHODS AND RESEARCH METHODOLOGY
i. Definition, Meaning, Significance, Qualities of a Good Researcher, Criteria for a Good
Research,
ii. Obstacles to Good Research in India, Research Design,
iii. Various Steps in Research: Research Process, Research Problem: Identification and
Formulation,
iv. Hypothesis Formulation in Project, Dissertation, Thesis etc.
v. Using Null Hypothesis in Legal Research,
vi. Use of Library, Use of Modern Technology/ Computer Assisted Research.

SUGGESTED READINGS/ REFERENCES:


1. Black’s Law Dictionary
2. Hindi-English Legal Glossory: Vidhi Sahitya Prakashan, Ministry of Law, Government of
India, New Delhi
3. Dr. Anirudh Prasad: Outlines of legal language in India
4. Ganga Sahai Sharma: Fundamental of Legal Writing
5. H. K. Mukherjee: Legal Language, Legal Writing and General English
6. Mohan and Banerji: Developing Communication Skills
7. Paul Rylance: Legal Writing and Drafting
8. S. C. Tripathi: Legal Language, Legal Writing and General English
9. Indian Legal System, ILI Publication.
10. Legal Research and Methodology--- ILI Publication.
11. C.R. Kothari, Research Methodology: Methods and Techniques (New Delhi: Wiley Eastern
Ltd., 1985).
12. Goode and Hall, Methods in Social Research (Singapore: McGraw Hill Book Co.,
1985).
13. Janathan Anderson, Thesis and Assignment Writing (Wiley Eastern Ltd., New Delhi).
14. Johan Galtung, Theory and Methods of Social Research (London: George Allen &
UnwinLtd., 1970).
15. S. R. Myneni, Legal Education & Research Methodology, Allahabad Law Agency Edit. 2023

SUGGESTED CASE LAWS:


1. Raj Kishore Jha v. State of Bihar, AIR 2003 S.C. 4664
2. Commissioner of Income Tax, Hyderabad v. PJ. Chemicals, 1994 Suppl.
3. S.C.C. 535 3. Air India v. Nargesh Mirza, AIR 1981 SC 1829
4. Geeta Hariharan v. Reserve Bank of India, AIR 1999 S.C. 1149
5. Neera Mathur v. L.I.C. 1992 (1) S.C.C. 286
6. D.K. Basu v. State of W.B., 1997 (1) SCC 417
7. Dwarka Prasad Aggarwal v. B.D. Aggarwal, AIR 2003 S.C. 2686
8. Commissioner of Wealth Tax, Meerut v. Sharvan Kumar Swarup & Sons, 1994
9. Peoples Union for Civil Liberties v. Union of India 1997 (1) S.C.C. 301 Superintendent and
Remembrancer of Legal Affairs West Bengal v. Corporation of Calcutta AIR 1967 S.C. 997
10. Ram Jawaya Kapur v. State of Punjab, AIR 1955 S.C. 549, 556.
11. Justice K.S. Puttaswamy v. Union of India AIR 2017 SC 4161
12. Navtej Singh Johar v. Union of India (2018) AIR 2018 SC 4321
13. Supreme Court Advocates-on-Record Association & Ors. v. Union of India, (2016) 5 SCC 1
14. Shreya Singhal v. Union of India, (2015) 5 SCC 1
15. Jarnail Singh v. Lachhmi Narain Gupta, (2022) 10 SCC 396

18
INDIAN LEGAL AND CONSTITUTIONAL HISTORY

COURSE OBJECTIVES:
The roots of the present lie buried in the past. The objective of the course is to familiarize the
students with the origin of common law system in India. This course traces the legislative history
back to 1600 and its evolution through different periods under different Governor Generals. The
main objective is to enlighten the students about the historical background of legislations in civil,
criminal and constitutional Law and relate it to contemporary period. It also focuses the court
system during colonial period and the cases heard by it. The learning of the Court system and how
it has been revamped in different times to the needs of the society will help the students to find
out its importance in present day judicial system.

COURSE OUTCOMES:
1. To understand the Judicial and Legal history in India.
2. To develop the skill through the knowledge of history in the future development of law.

COURSE CONTENT:

UNIT I - Early administration of justice in presidency towns; European settlement in India; East
India company; Development of authority; organisational setup of English company’s factories or
settlements in India. Concept and Importance of Legal History, Administration of Justice in
Madras, Bombay and Calcutta before 1726, Charter of 1726 and Establishment of Mayor’s Court,
Charter of 1753, Regulating Act of 1773, Settlement Act of 1781, The Madras Act of Settlement,
1781; Nand Kumar Trial, Kamaluddin case, Patna Case, Cossijurah Case.

UNIT II - The beginning of the Adalat System; The Judicial Plans of 1772 and 1774 introduced
by Warren Hastings; Judicial Reforms of Lord Cornwallis and Lord William Bentinck. Development
of law in mofussil (justice, equity and good conscience) privy council. Charter Act of 1833, The
High Court: Dual Judicature before 1861; Indian High Court Act,186l, 1865 and 1911. Government
of India act 1915.

UNIT III - Development of Criminal Law, Codification of Law; Law Commission, First, Second
and Third Law Commissions; The Lex Loci Report.
Government of India Act, 1858, Indian Councils Act, 1861; Indian Councils Act, 1892.

UNIT IV - Indian Councils Act, 1909 (Morley - Minto Reforms).


Government of India Act, 1919 (Montague - Chelmsford Reforms), Dyarchy System.
Government of India Act, 1935: Federalism, Provincial Autonomy, Federal Court; Cabinet
Mission Plan, Indian Independence Act, 1947, Constituent Assembly—Its Formation, Working
and Contributions.

SUGGESTED READINGS / REFERENCES:


l. Jain, M.P., Outlines of Indian Legal History, Lexis Nexis.
2. Keith, A.B., Constitutional History of India, Methuen and Co. Ltd.
3. Banerjee, A.C., The Making of the Indian Constitution,
4. Mahajan, V.D., Constitutional History of India.
19
6. Kulshrestha, V.D., Landmarks in Indian Legal and Constitutional
History.
7. Jois, Rama M., Legal and Constitutional History of India, Universal Law Publications Ltd.

LEADING CASES:
1. Cossijurah Case, 1789-90
2. Gorachand Dutt v. Hosea
3. Kamaluddin Case, 1775
4. Patna Case, 1777-79
5. Trial of Raja Nand Kumar, 1775

Semester II

Course Type Course Code Nomenclature Credits


Core Course LAW-52T-106 Special Contracts 5
Core Course LAW-52T-107 Family Law - II 5
Core Course LAW-52T-108 Constitutional Law – II 5
Core Course LAW-52T-109 Jurisprudence 5
Compulsory Mediation, Conciliation & Arbitration 5
LAW-52T-110
Clinical Course

SPECIAL CONTRACTS
COURSE OBJECTIVES
1. Providing an understanding of agreements, its enforceability to take the shape of a
contract and various provisions affecting its enforceability
2. To discuss and learn about the basic principles and legal provisions underlying these
special forms of contract as incorporated under the Indian Contract Act, 1872, the Sale of
Goods Act, 1930, the Indian Partnership Act, 1932 and Limited Liability Partnership Act,
2008.
3. They will also learn the limits of the freedom of the parties within the prescriptions of law
in relation to the special forms of contract and thus appreciate the impact on the classical
theory of freedom of contract.

COURSE LEARNING OUTCOMES


1. Students will gain a comprehensive understanding of the legal principles and frameworks
governing specific contracts, including indemnity, guarantee, bailment, pledge,
partnership, and limited liability, and will be able to apply these principles to real-world
scenarios.
2. Students will be able to critically analyze the rights and obligations of parties involved in
specific contracts, identifying potential legal issues and liabilities, and propose
appropriate legal solutions.

COURSE CONTENT

UNIT I - Contracts of Indemnity and Guarantee:


(a) Meaning, Distinction between Indemnity and Guarantee and Kind of Guarantee
(b) Rights of Indemnity Holder
(c) Rights of the Surety, Extent of the Liability of the Surety
(d) Discharge of liability of the Surety
(e) Letters of credit and bank guarantees as instances of guarantee transactions

20
UNIT II - Contracts of Bailment, Pledge and Contract of Agency:
(a) Meaning and Kinds of Contracts of Bailment-Bailment without Consideration
(b) Rights and Duties of Bailee and Bailer and Termination of Contract of Bailment
(c) Contract of Pledge-Meaning and Definition, Rights and Duties of Pawner and Pawnee,
Pledge by Unauthorized Persons,
(d) Definition, Kinds of Agents and Agencies and Modes of Creation of Agency
(e) Relation between: Principal and Agent, the Principal and Third Party, and the Agent and
the Third Party and Termination of Agent's authority -By Act of Parties; and By Operation
of Law, Irrevocable Agency.

UNIT III - Contract of Sale of Goods:


(a) Sale-Meaning, Definition and Distinguish between Agreements to Sell, Hire Purchase
Agreement
(b) Goods-Existing, Future and Contingent and Conditions and Warranties
(c) Passing of Property from Seller to Buyer and transfer of Title
(d) Law relating to Performance of Sale and Rights of Unpaid Seller
(e) The rule of Caveat Emptor and the exceptions thereto under the Sale of Goods Act 1930,
Changing concept of Caveat Emptor

UNIT IV - Contract of Partnership and Limited Liability Partnership Act, 2008 (INCLUDING
LATEST AMENDMENTS IF ANY)
(a) Meaning, Definition, Creation, the Characteristics of Contract of Partnership, Kinds of
Partner and Partnership and Position of Minor
(b) Distinction between: Co-ownership and Partnership, Joint Hindu Family and Partnership;
Company and Partnership and Limited Liability Partnership and Partnership
(c) Relations inter-se of partners and relation of Partners with third parties
(d) Registration of Partnership firm, Effect of Non-Registration of Partnership Firm
(e) Dissolution of Firm
(f) Meaning, Concept and Nature of Limited Liability Partnership, Advantages and
Disadvantages of LLP

SUGGESTED READINGS/ REFERENCES:


1. Avtar Singh: Law of Partnership (English and Hindi) EBC (Publisher), 11th Edition, 2018,
Reprinted, 2019
2. Avtar Singh: Law of Sale of Goods (English and Hindi), EBC (Publisher), 19th Edition, 2021
3. Avtar Singh; Law of Contract (English and Hindi), EBC (Publisher), 13th Edition, 2024
4. Pollock & Mulla: Indian Contract and Specific Relief Act, Lexis Nexis, 16th Edition, 2021
5. Dr. S.K. Kapoor, Contract-II along with Sale of Goods Act and Partnership Act, Central Law
Agency, (English and Hindi) 15th Edition, 2017 Reprint 2022
6. Dr. Y.S. Sharma, Law of Contract-II, University Book House, 16th Edition 2022
7. R.K. Bangia’s: Contract II, Allahabad Law Agency, 18th Edition, 2022
8. Sanjiv Agarwal and Rohini Agarwal, Limited Liability Partnership: Law and Practice, EBC,
1ST Edition, 2009

SUGGESTED CASE LAWS:


1. Amritlal Goverdhan Lallan v. State Bank of Travancore, AIR (1960) SC 1432
2. Cox v. Hickman, (1860) 8HLC 268
3. Lee v. Griffin, (1861) 30 LJ QB 252
4. National Bank of India ltd. v. Sohan Lal AIR (1962)
5. Niblett v. Confectioners' Materials Co., (1921) 3 KB 387 (CA)
6. Patnaik & Co. v. State of Orissa AIR (1965) SC 1655
7. Shantiranjan Das Gupta v. Dasuram Murzamull, (1973) 3SCC 463
8. State of Gujarat v. Mamon Mohd. AIR (1967) SC 1885
21
9. Haldiram Bhujiawala v. Anand Kumar Deepak Kumar (2000) 3 SCC 250
10. R.D. Saxena v. Balaram Prasad Sharma, AIR 2000 SC 2912
11. Coffee Board, Karnataka v. Commr. of Commercial Taxes, AIR 1988 SC 1487
12. 12.Kone Elevators v. State of Tamil Nadu (2014) 7 SCC 1 179
13. State of Karnataka and Ors. v. Pro Lab and Ors. AIR 2015 SC 1098

22
FAMILY LAW – II (MUSLIM LAW)
COURSE OBJECTIVES:
1. To expose students about Origin and development of Muslim Law and Law related to
Muslim Marriage, Divorce, Maintenance and Parentage.
2. To apprise the students about the Hiba, Will and Pre-emption under Muslim law.
3. To expose the students about Waqf and succession of property under Muslim law.
4. To develop the analytical understanding of Muslim law.

COURSE LEARNING OUTCOMES:


Students shall learn and understand the-
1. Importance of different rights and remedies available to the family members under
Muslim Law.
2. Concept of Mehr, Dissolution of Muslim Marriage and Waqf
3. Concept of Sahi, Batil & Fasid marriages in reference to legitimacy of child.
4. Validity of maintenance and triple talaq

COURSE CONTENT:

UNIT I - Origin and development of Muslim Law


 Sources of Muslim Law, Schools of Muslim Law, Difference between the Sunni and Shia
Schools, Sub-schools of Sunni Law, Operation and application of Muslim Law, Conversion
to Islam - Effects of conversion
 Law relating to Marriage (Nikah) and Dower (Mahr)-Nature of Muslim Marriage,
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 and Maintenance (Nafaq)- Classification of divorce - different modes of Talaq -
Legal consequences of divorce - Dissolution of Muslim Marriage Act, 1939,The Muslim
Women (Protection of Rights on Marriage) Act, 2019(including amendments if any)
 Maintenance, Principles of maintenance, Persons entitled to maintenance - The Muslim
Women (Protection of Rights on Divorce) Act, 1986 (including amendments if any) - Effect
of conversion on maintenance and difference between Shia and Sunni Law.
 Parentage - Maternity and Paternity - Legitimacy and acknowledgment - Guardianship -
Meaning - Kinds of guardianship - Removal of guardian - Difference between Shia and
Sunni Law. Legitimacy under Muslim Law and Section 112 of the Indian Evidence Act,
1872, Conditions of a Valid Acknowledgement.

UNIT III
 Gift (Hiba) and Will (Wasiyat)- 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 and Death Bed Transactions.
 Pre-emption (Haq-Shufah): Meaning, Nature and Classification of Haq Shufa (Pre-
emption); Rights of pre-emption, when Conflict of Laws, Subject matter and Formalities of
Pre-emption, legal effects of pre-emption, Devices for evading pre-emption.

UNIT IV
 Waqf- Definition - Essentials of Waqf - Kinds of Waqf – Creation of Waqf - Revocation of
Waqf - Salient features of the Waqf Act, 1995 – Mutawalli - Powers and duties of Mutawalli
- Removal of Mutawalli and Management of Waqf property.
23
 Succession - Application of the property of a deceased Muslim - Legal position of heirs as
representatives - Administration - Waqf Tribunals and Jurisdiction.

SUGGESTED READING/ REFERENCES:


1. Fyzee: Mohammedan Law
2. Mulla: Principles of Mohammedan Law
3. Verma, B.R.: Islamic Law
4. Aquil Ahmed: Text Book of Mohammadan Law, 5th Edition 1992, Central Law Agency,
Allahabad.
5. Tandon M.P.: Muslim Law in India, 10th Edition, 1996, Allahabad Law Agency, Allahabad.
6. Tahir Mahmood: The Muslim Law of India, 1980, Law Book Company, Allahabad.
7. Paras Divan: Family Law (Hindu, Muslim, Christian, Parsi and Others), Allahabad Law
Agency, Allahabad

SUGGESTED CASE LAWS


1. Maina Bibi v. Choudhary Vakil Ahmed, (1923) 52 IA 145
2. Habibur Rahman v. Altaf Ali (1921) 42 IA 114
3. Moonshee Buz-ul-Rahim v. Lateefunnisa, (1861) 8, MIA 379.
4. Abul Fata Mohd. v. Russomoy Dhur Chowdhary (1894) 22 IA 76
5. Mohd. Ahmed Khan v. Shah Bano Begum, AIR (1985) SC 945
6. Shabana Bano v. Imran Khan, AIR (2010) SC 305
7. Sayara Bano v. Union of India and Ors., (2017) 9 SCC 1
8. Danial Latifi v. Union of India (2001) 1 SC 740

24
CONSTITUTIONAL LAW-II

COURSE OBJECTIVES:
 This course gives the students a picture of constitutional parameters regarding the
organization, powers and functions of the various organ of the government.
 A critical analysis of the significant judicial decisions is offered to highlight judicial
restraint judicial activism and judicial balancing. Finally, the students should be able to
articulate their independent views over contemporary crucial constitutional issues.
 To enable students to critically analyze and interpret key constitutional articles and their
implications in contemporary Indian society.

COURSE LEARNING OUTCOMES:


 Students will be able to understand Constitutional Parameters regarding the organization,
powers and functions of the various organs of the government.
 Students will be able to understand cooperative federalism, inter-State relationship, and
emergency provisions.
 Students will be able to develop the quality of addressing Constitutional issues and
analyses working of Indian Constitution

COURSE CONTENT
UNIT I - Union and State Executive
1. President: Qualifications, election, Impeachment, Powers and functions;
2. Council of Ministers; Position of the President vis a vis Council of Ministers
3. Governor: Appointment, Powers and functions,
4. Discretionary powers of the Governor

UNIT II - Union and State Legislature


1. Parliament and state legislatures: Composition, Powers and functions
2. Qualifications of the members of Parliament and state legislatures; Parliamentary
Privileges
3. Legislative procedure
4. Disqualifications of members of Parliament and state legislatures and Anti Defection Law

UNIT III - Judiciary


1. The Supreme court of India: Composition, Appointment and removal of judges;
2. Jurisdiction: Original, Appellate and Advisory Jurisdiction,
3. Contempt of Court, Role of Supreme court as guardian of the Constitution
4. High Courts in the states, writs: Habeas corpus, Mandamus, Quo Warranto, Prohibition
and certiorari

UNIT IV - Relations between Union and States


1. Distribution of legislative powers, Interpretation of the lists: Liberal interpretation and
harmonious construction, doctrine of Pith and Substance, Doctrine of colorable
legislation; repugnancy
2. Distribution of Administrative and financial powers between centre and states
3. Emergency provisions, effect of Proclamation of Emergency on Fundamental Rights
4. Contractual and Tortious Liability of Government
5. Local Self Government

SUGGESTED READINGS/ REFERENCES


1. M V Pylee, Constitutional Amendments in India (2017), Universal Law Publishing - An
Imprint of Lexis Nexis.
2. N.K. Acharya, “Supreme Court on Constitution of India” Asia Law House.

25
3. Dr. J.N. Pandey, “Constitutional Law of India”, Central Law Agency.
4. Dr.Avtar Singh, “The Constitution of India” (2019), Central Law Publications.
5. Granville Austin, “The Indian constitution”, Oxford University Press
6. R. Sudarshan, Zoya Hasan, Eswaran Sridharan, “India's Living Constitution: Ideas,
Practices, Controversies” Anthem South Asain Studies.
7. BidyutChakrabarty and Rajendra Kumar Pandey, “Indian Government and Politics, Sage
Publication India Pvt Ltd
8. B.N. Kripal, “Supreme but Not Infallible: Essays in Honour of the Supreme Court of
India”, Oxford University Press.

SUGGESTED CASE LAWS:


1. KesavanandaBharati v. State of Kerala 1973 ( 4) SCC 225
2. S. R. Bommai v. Union of India 1994 (3) SCC 1
3. State of West Bengal v. Union of India AIR 1963 SC 1241
4. I.R. Coelho v. State of Tamil Nadu 2007(2) SCC 1
5. U. N. R. Rao v. Indira Gandhi (1971) 2 SCC 63
6. Samsher Singh v. State of Punjab (1974) 2 SCC 831
7. Lily Thomas v. Union of India (2013) 7 SCC 653
8. Special Reference No. 1 of 2002 (Re Gujarat Assembly Election Matter) (2002) 8 SCC 237
9. Jaya Bachchan v. Union of India (2006) 5 SCC 266
10. In re Keshav Singh AIR 1965 SC 745
11. D. C. Wadhwa v. State of Bihar (1987) 1 SCC 378
12. S. P. Gupta v. President of India (1981) Supp SCC 87
13. SC Advocates on Record Association v. UOI (1993) 4 SCC 441
14. SC Adv. on Record Association v. Union of India 2016 (5) SCC 1
15. shanti Bhushan v. Supreme Court of India through its Registrar (2018) 8 SCC 396
16. State (NCT of Delhi) v. Union of India, (2018) 8 SCC501
17. State of Kerala v. Mar AppraemKuri Company Ltd., (2012) 7 SCC106
18. . L. Chandra Kumar v. Union of India (1997) 3 SCC 261
19. Prafulla Kumar v. Bank of Commerce, Khulna AIR 1947 PC 60

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JURISPRUDENCE

COURSE OBJECTIVES:
1. Introduce students to the fundamental concepts and theories of jurisprudence.
2. Explore the historical development of legal philosophy and its relevance in contemporary
legal discourse.
3. Examine various schools of jurisprudential thought and their implications for legal
reasoning with Indian perspective.
4. Analyze the relationship between law, morality, and justice.
5. Foster critical thinking and engage in philosophical debates on legal concepts and
principles.

COURSE LEARNING OUTCOMES:


1. Understand the nature and scope of jurisprudence as a discipline.
2. Identify and explain key jurisprudential concepts such as legal positivism, natural law, and
legal realism.
3. Evaluate different theories of law and their implications for legal systems.
4. Apply jurisprudential theories to analyze and critique legal principles and doctrines in
Indian Legal context.
5. Develop the ability to articulate coherent arguments and engage in intellectual discourse
on legal philosophy.

COURSE CONTENT:
UNIT I: Introduction to Jurisprudence & Schools of jurisprudence
Definition Nature, Scope and Importance - Salmond, Austin, Holland and Julius Stone; Schools of
Jurisprudence; Natural Law School; Analytical School, J. Austin, Bentham, Hart, H. Kelson;
Historical School, V. Savigny, H. Maine; Sociological School- Dean Roscoe Pound; American
Realism.

UNIT II: Sources of Law


Custom, Meaning, Kinds, requisites of a valid Legal Custom; Importance of Custom; Judicial
Precedents, Kinds, Ratio Decidendi, Obiter Dicta, Doctrine of Stare Decisis; Legislation; Kinds,
Comparison between Legislation and other sources of laws.

UNIT III: Concepts of Law


Rights and Duties: Nature of Rights and Duties; Correlation of Rights and Duties; Kinds of rights
and Duties; Definition and Kinds of Property, Negligence and liability.

UNIT IV: Ownership, Possession and Person


Ownership and Possession: Meaning of Ownership; Kinds, Definition of Ownership, Relation
between Ownership and Possession. Importance of Possession; Elements of Corporeal Possession
and problems; Person: Nature of Personality; Corporate Personality and its problems.

SUGGESTED READINGS:
1. Bodenheimer Jurisprudence - The Philosophy and Method of Law (1996). Universal, Delhi.

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2. P.J. Fitzgerald, Salmond on Jurisprudence, Thomson Sweet & Maxwell Universal, New
Delhi, 12thEdn., 2008.
3. W. Friedmann, Legal Theory, Universal Law Publishing Co., Delhi, 5thEdn., 2008.
4. V.D. Mahajan, Jurisprudence and Legal Theoiy(1996 Re-print), Eastern, Lucknow
5. M.D.A. Freeman (ed). Lloyd’s Introduction t Jurisprudence (1994), Sweet & Maxwell
6. Paton G.W., Jurisprudence (1972) Oxford, ELBS H.L.A. Hart, The Concepts of Law (1970)
Oxford ELBS
7. Roscoe Pond, Introduction to the Philosophy of Law (1998 Re-Print) Universal, Delhi
8. R.W.M. Dias, Jurisprudence, Lexis Nexis (Indian Edition) Gurgaon, 5thEdn., 2013.
9. S.N. Dhyani, Fundamentals of Jurisprudence (The Indian Approach), Central Law Agency,
Allahabad, 3rdEdn., 2004.
10. B.N. Mani Tripathi, Jurisprudence (The Legal Theory), Allahabad Law Agency, Allahabad,
18thEdn., 2012.
11. Dr. N.V. Paranjape, Studies in Jurisprudence and Legal Theory, Central Law Agency,
Allahabad, 7 thEdn., 2013

SUGGESTED ARTICLES
1. "Positivism and the Separation of Law and Morals" by H.L.A. Hart (Harvard Law Review,
1958)
2. "Taking Rights Seriously" by Ronald Dworkin (Harvard Law Review, 1977)
3. "A Theory of Justice" by John Rawls (Philosophy and Public Affairs, 1971)
4. "Legal Realism and the Realistic Spirit" by Jerome Frank (University of Pennsylvania Law
Review, 1930)
5. "The Path of the Law" by Oliver Wendell Holmes Jr. (Harvard Law Review, 1897)
6. "The Nature of the Judicial Process" by Benjamin N. Cardozo (Yale University Press, 1921)

28
MEDIATION, CONCILIATION & ARBITRATION
COURSE OUTCOME
1. To develop fundamental understandings about Alternative Dispute Resolution System
(ADR) specially in Arbitration.
2. To develop legal understandings over the arbitration matters
3. To prepare arbitrators and develop his arbitration skills.
4. To encourage and promote arbitration in different fields and an effective substitute of
court.

COURSE LEARNING OUTCOMES:


At the end of the Semester, the students will be able to
1. Describe, analyze and apply the substantive rules of ADR
2. Choose appropriate ADR
3. Communicate effectively
4. Draw settlement agreements
5. Choose appropriate negotiation strategy
6. Practice Mediator’s skills
7. Solve the ethical dilemmas

COURSE CONTENT:

UNIT I - Arbitration and Arbitration Agreement:


i. Concept, Need, Development, Modes, Advantages & Disadvantages of ADR
ii. Difference between Mediation and Conciliation; Difference Arbitration and Conciliation,
Institutional Arbitration and Ad-hoc Arbitration; CPC, 1908 - Section 89 and Order 10
Rules 1A, 1B and 1C; Plea Bargaining
iii. Arbitration and Conciliation Act, 1996 (along with latest amendments): - Arbitration:
Definition, Sources, Kinds, Scope and Differences to Court, Arbitral Institution, Arbitral
Award.
iv. Types of Arbitral Awards, Court, Bar to filing of Suit, Receipt of written communications,
Waiver of right to object, Extent of judicial intervention and administrative assistance.
v. Arbitration Agreement, Power of Judicial Authority to refer Parties to Arbitration, Interim
measures by Court and Arbitral Tribunal.

UNIT II - Constitution of Arbitration and Arbitral Award: -


i. Composition of Arbitral Tribunal, Grounds and procedure for challenging an arbitrator
Termination of mandate and Substitution of arbitrator.
ii. Jurisdiction of arbitral tribunals- Competence of arbitral tribunal to rule on its jurisdiction,
conduct of arbitral proceedings, Expert appointed by arbitral tribunal, Court assistance in
taking evidence.
29
iii. Making of Arbitral Award and Termination of Proceedings, Time limit for arbitral award,
Fast track procedure, Settlement.
iv. Form and contents of arbitral award, Regime for costs, Termination of proceedings,
Correction and interpretation of award; additional award.
UNIT III - Mediation and Conciliation: -
i. Theory of Mediation, Role of the Mediator (Court Annexed and Private), Preparation for
Mediation / Conciliation Process; Confidentiality and Neutrality.
ii. Theory of Mediation Laws in India: Role of the Mediator, (Court Annexed and Private),
Preparation for Mediation / Conciliation Process; Judicial Interpretation and Relevant
Case Law, Dispute Resolution Institutions in India.
iii. Key Concepts in Mediation: Essential Elements, Process and Stages, Approaches to
Mediation, Role of the Mediator.
iv. Mediation Act 2023- Need, Importance, Objectives, Definitions and Key features of Act.
UNIT IV - Importance of Communication and Lok Adalat: -
i. Elements of Verbal and Non-Verbal Communication, Effective and Ineffective
Communication Techniques.
ii. Conducting Effective Mediation: Decision-making Techniques, Problem-Solving Tactics,
Ensuring Positive Outcomes; Qualities and Skills of Mediators: Developing Mediation
Skills, Code of Ethics, Confidentiality Requirements; Status of Mediated Agreements:
UNCITRAL Model Law, Contemporary Developments.
iii. Conciliation and Negotiation: Concept and process of Conciliation and Negotiation in
India; Difference between Negotiation and Conciliation;
iv. Lok Adalat: Concept of Lok Adalat in India: Jurisdiction, Functions and Powers under the
Legal Services Authorities Act, 1987 including latest Amendments if any; Judicial
Responses.

SUGGESTED READINGS/REFERENCES: -
1. Malhotra, Arbitration & Conciliation Act, Wolters Kluwer India Pvt Ltd.
2. Sriram Panchu Mediation Practice & Law: The Path to Successful Dispute Resolution
Lexis Nexis, 2015
3. Mediation and Conciliation Project Committee, Supreme Court of India, Mediation
Training Manual of India
4. Stephanie P. Stobbe, et. al. Conflict Resolution in Asia, Mediation and Other Cultural
Models, Lexington Books, 2020
5. A. Omkar and Kritika Krishnamurthy, The Art of Negotiation and Mediation: A Wishbone,
Funny bone and Backbone, Lexis Nexis, 2015
6. Christopher Moore The Mediation Process: Practical Strategies for Resolving Conflict:
3rd Revised ed. Jossey Bass; (2003)
7. Ramin Jahan begloo Introduction to Non-Violence Red Globe Press 2014
8. Joel Leet. al., An Asian Perspective on Mediation EBC 2008
9. Avtar Singh, Law of Arbitration and Conciliation (Hindi) 11th Ed., EBC, 2021
10. Ashwini Kumar Bansal: International Commercial Arbitration- Practice & Procedure,
Universal Law Publishing - An imprint of LexisNexis
11. Mallik, Arbitration & Conciliation Act, Universal Law Publishing - an imprint of
LexisNexis

SUGGESTED READINGS/REFERENCES:
1. Afcons Infrastructure and Anr. v. Cherian Varkey Construction Co. Pvt. Ltd &Ors., (2010)
8 SCC 24.
2. Booz Allen Hamilton Inc. v. SBI, Home Finance Ltd., (2011) 5 SCC 532.
3. State of Bihar v. Kamleshwar Singh, AIR 1952 SC 252
4. Firm MadanlalRoshanlal Mahajan v. Humum Chand Mills Ltd., AIR 1967 SC 1030
5. State Electricity Board, Tamil Nadu v. Sree Meenakshi Mills Ltd., AIR 1975 Mad. 139
30
6. Food Corporation of India v. M/s Thakur Shipping Co., AIR 1975 SC 465
7. The Bay of Bengal Maritime Boundary Arbitration between the People‘s Republic of
Bangladesh and The Republic of India (Bangladesh v India), Award of the Arbitral
Tribunal, Permanent Court of Arbitration, dated 07 July 2014.
8. White Industries Australia Ltd. v Republic of India, UNCITRAL Final Award, 30 November
2011. Saipem S.P.A. v The People‘s Republic of Bangladesh, ICSID Case no. ARB/05/07,
Decision on jurisdiction and recommendation on provisional measures dated 21 March
2007.
9. Asian Agricultural Products Ltd. v. Republic of Sri Lanka, ICSID Case No. ARB/87/3, Final
Award, dated 21 June 1990
10. Shri Lal Mahal Ltd. v. Progetto Grano Spa, 3 Civil Appeal No. 5085 of 2013 arising from SLP
(C) No. 13721 of 2012, Judgment of the Supreme Court of India, dated 03 July 2013.

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