LL B 3years (New) Sem Scheme2024-27
LL B 3years (New) Sem Scheme2024-27
FACULTY OF LAW
UNIVERSITY OF RAJASTHAN
JAIPUR
SYLLABUS
LL.B. SECOND YEAR EXAMINATION (Semester III and Semester IV) 2025-26
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.
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.
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
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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
I 5 4+1 4 20 4+1 1 5 25
II 5 4+1 5 25 4+1 0 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
Semester Semester
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.
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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.
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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.
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.
SYLLABUS
Semester I
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
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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.
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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 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.
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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 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
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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-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
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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
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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 CONTENT:
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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
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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
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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.
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
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 CONTENT
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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 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
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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 CONTENT:
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.
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Succession - Application of the property of a deceased Muslim - Legal position of heirs as
representatives - Administration - Waqf Tribunals and Jurisdiction.
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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 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
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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.
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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 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.
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)
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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 CONTENT:
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
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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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