5 Year BBALLB Syllabus PDF
5 Year BBALLB Syllabus PDF
Syllabus 2019-2024
B.B.A., LL.B.-Full-Time; 5 Years
Program
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Objectives of the Course:
BBA., LL.B. (Full-time; 5 years Integrated; Affiliated to KSLU and approved by BCI) .
This is a prestigious offering/program of the ISBR Law College-a five year integrated course
leading to the award of BBA-LLB of Karnataka State Law University (KSLU). The students’
choice and recruiters tend to prefer an integrated five year program; experts in academia of law
too believe that such a course will produce professionals who will be industry-ready to take up
various challenges in an ever-evolving job market and professional practices. The course has
been devised and structured as per Karnataka State Law University, Hubballi, Karnataka.
The sweeping changes in the global economic scenario have necessitated a strong demand for a
breed of youngsters with the potential knowledge of law coupled with the core essentials of
management and business to enhance productivity. With the object of catering to this demand
unfolding before the students, and to enable them to explore these vistas of opportunities that lie
ahead, we have commenced an integrated Bachelor of Business Administration and Bachelor of
Law degree programme (B.B.A-LL.B). Here we impart exhaustive knowledge to the students not
only to survive but also to excel in the increasingly competitive world.
• B.B.A LL.B. offer students the opportunity to enter the field of legal education at a very
early stage of their academic career.
• Courses are offered only by whole time day colleges or university departments
recognized by the Bar Council of India.
• To provides for compulsory practical training and mandatory Moot Court practice.
• To create awareness among students about their inner skills and in-depth knowledge
about subjects with continuous evaluation
• To develop skills among students that can suit today’s industry requirements.
• To create energy and efficiency to take up challenges
• To give empowerment to students and become leader of the nation
• To develop social and ethical responsibility in students in conducting business operations
and legal studies.
• The studies deal with an analysis and evaluation of complex issues from a legal
perspective in order to be able to consult clients adequately.
Regulations Governing the Five Year BBA., LL.B. Integrated Degree Course in Law:
The Course and Duration:
a) B.B.A., LL.B. integrated double degree course combines Bachelors’ degree course in Business
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Administration together with the Bachelors’ degree course in law.
b) The duration of the B. B. A., LL. B. course shall be five academic years consisting of ten
Semesters.
c) Each Academic Year shall be divided into two Semesters.
d) Each Semester shall consist of 18 weeks.
e) The papers and the syllabus shall be as given in the Schedule appended to these Regulations.
Admission Procedure:
a) Admission to the course shall be made strictly on the basis of the merit taking into
account total marks obtained in the qualifying examination and personal interview by
Director/Principal of the college.
Prohibition against Lateral Entry and Exit:
There shall be no lateral entry on the plea of graduation in any subject or exit by way of
awarding a degree splitting the integrated double degree course, at any intermediary stage of
integrated double degree course.
Promotion:
(a) No student shall be promoted to the next year of the course unless he/she has passed in a
minimum of one subject in each semester.
(b) Students are required to successfully complete the entire course within ten years from
admission to the course.
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To provide compulsory practical training and mandatory Moot Court practice.
To create awareness among students about their inner skills and in-depth knowledge about subjects with
continuous evaluation.
To develop skills among students that can suit today’s industry requirements.
To create energy and efficiency to take up challenges
To give empowerment to students and become leader of the nation.
To develop social and ethical responsibility in students in conducting business operations and legal
studies.
The studies deal with an analysis and evaluation of complex issues from a legal perspective in order to be
able to consult clients adequately.
2. Eligibility for admission:
An applicant who has successfully completed pre-University Course or Senior Secondary School Course
(‘+2’) or equivalent such as (11+1, ‘A’ level in Senior School Leaving Certificate Course) from a
recognized, University of India or outside or from Senior Secondary Board or equivalent, constituted or
recognized by the Union or by the State Government or from any equivalent institution from a foreign
country recognized by the government of that country for the purpose of issue of qualifying certificate on
successful completion of the course, may apply for and be admitted into the course.
Provided that applicants who have obtained +2 Higher Secondary Pass Certificate or First
Degree Certificate after prosecuting studies in distance or correspondence method shall also be
considered as eligible for admission to the course. Provided further that the applicants who have
obtained 10+2 or graduation or post-graduation through open Universities system directly
without having any basic qualification for prosecuting such studies are not eligible for admission
to the course.
(b) Minimum percentage of marks in qualifying examination shall not be below 45% (44.5% and
above shall be treated as 45%) of total marks in case of general category applicants and 40%
(39.5% and above shall be treated as 40%) of total marks in case of SC and ST applicants.
(c) Maximum age for seeking admission is limited to twenty years in case of general category of
applicants and to twenty two years in the case of applicants from SC, ST and other backward
communities as on 1st June.
Admission Procedure:
a) Admission to the course shall be made strictly on the basis of the merit taking into account
total marks obtained in the qualifying examination and personal interview by Director/Principal
of the college.
3. Medium of Instruction
The medium of instruction in the Five Year B.B.A., LL.B. degree course shall be English. However, the
examinees shall have the option to answer the question papers in the examinationeither in
English or in Kannada.
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4. Attendance:
No student shall be permitted to appear for the end-of semester examination in a given course
unless he/she has, to the satisfaction of the course teacher, fulfilled the course requirements and
has put in not less than 70% attendance in the course concerned. Provided that a student who has
attended not less than 65% of classes in each of the subjects prescribed may be permitted to keep
the term for reasons to be recorded in writing and to the satisfaction of the Principal of the
College or the Dean of the Faculty as the case may be.
5. Curriculum:
a) Candidates admitted to the Five Year B.B.A., LL.B. course shall have to attend 10 Semester courses
spread over 5 years.
b) In each Semester, the students shall have to study the courses prescribed by the University in these
Regulations.
c) The course descriptions shall be, as set out from time to time, in the Schedule.
6. Mooting:
To become a successful lawyer it is essential for a student to know how to apply the law he has learnt to a
fact situation and to have awareness of the rules and the etiquettes of the court. Moot Court is like the
laboratories of law schools where theoretical knowledge is tested in real life situations. Realizing this, the
ISBR Law College has been facilitating continuous training to the students to participate in Moot Court.
The ISBR Law College Moot Court Hall can seat over 75 people. It has a state of the art projection
system that allows international live broadcasting facilities in the hall which means that physical presence
of teams isn’t required for conducting moot court competitions. Further, the Moot Court Hall is multi-
functional unlike traditional Moot Court Hall’s because the same room can be used to conduct legal
webinars and seminars. Additionally, there is a provision to record the proceedings in the room.
Currently, there are two HD projectors and several drop down screens in the hall further enabling union of
digital technology with the field of law. ISBR Law College strongly promotes tooting as an essential
activity amongst its students.
7. Instructions & Training:
a) Instructions and training for the course shall be not less than 30 class-hours per week including
tutorials, moot room exercise and seminars, provided there shall be at least 24 lecture hours per week.
b) There shall be for each paper four class hours of one hour duration each and one hour of tutorial /moot
court/ project work per week.
c) Each registered student shall have completed minimum of 20 weeks of internship during the entire
period of legal studies under NGO, Trial and Appellate Advocates, Judiciary, Legal Regulatory
authorities, Legislatures and Parliament, other Legal Functionaries, Market Institutions, Law Firms,
Companies and Local Self Government.
d) The internship in any year cannot be for a continuous period of more than Four Weeks and all students
shall at least gone through once in the entire academic period with Trial and Appellate Advocates.
e) Each student shall keep internship diary in the form stipulated by the University and the same shall be
evaluated by the Guide in Internship and also a Core Faculty member of the staff each time. The total
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marks shall be assessed in the Final Semester of the Course in the 4th Clinical Course as stipulated under
the Schedule appended to these Regulations.
Library Rules
• No entry without identity card.
• Students may borrow 2 books at a time for duration of 8 days.
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• The borrowed books should be returned on or before the last date failing which she/he
shall be liable to pay fine of Rs.5 per day
• The books in demand shall be renewed only twice.
• Reference Books shall not be issued home.
• Use of Mobile in the library is prohibited.
• Students shall keep their belongings in the property counter before entering the library.
• The students found disturbing the atmosphere of the library shall be disqualified from the
membership of the library and any other penal action as decided by the college authority.
E-Library
• No Entry without identity card.
• Download or Access of obscene or other offensive material is prohibited.
• Chat, messenger and mobile messaging are prohibited.
• Don’t leave the computer unattended while you are logged in. you will be responsible for
any misuse of the same.
• Sign the access register and specify the login and logout time.
• Handle the systems with care.
• Contact the staff for any problem with the systems.
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20 IV Semester (Contract – I) Law of Contract
21 V Semester Labor Law – I
22 V Semester Jurisprudence
23 V Semester Family Law – I
24 V Semester Contract – II (Specific Contracts)
25 V Semester Administrative Law
26 VI Semester Labor Law – II
27 VI Semester Company Law
28 VI Semester Property Law
29 VI Semester Family Law - II
30 VII Semester Public International Law
31 VII Semester Law of Taxation
32 VII Semester Criminal Law – II (Cr. P.C.)
33 VII Semester Clinical Course – I: Professional Ethics and Professional
Accounting System
34 VIII Semester Law of Evidence
35 VIII Semester Optional I: Human Rights Law and Practice/ Insurance Law
36 VIII Semester Optional – II: Banking Law/ Right to Information
37 VIII Semester Clinical Course – II: Alternative Dispute Resolution Systems
38 IX Semester Civil Procedure Code and Limitation Act
39 IX Semester Optional – III: Intellectual Property Rights - I / Penology and
Victimology
40 IX Semester Optional – IV Interpretation of Statutes and Principles of
Legislation/ Competition Law
41 IX Semester Clinical Course – III: Drafting, Pleading and Conveyancing
42 X Semester Environmental Law
43 X Semester Optional – V: Intellectual Property Rights – II/ White Collar
Crimes
44 X Semester Optional – VI: Land Law /Law Relating to International trade
Economics
45 X Semester Clinical Course – IV: Moot Court Exercise and Internship
• Students are strictly prohibited from carrying cell phones to the college. If anybody is
found in possession of cell phone it will be confiscated and disciplinary action will be
taken against such a student. Spirit of Nationalism the college is making sincere
endeavors to inculcate discipline and upholding Indian tradition/Heritage, by singing of
national Anthem and wearing Khadi attire. It is believed that singing of National Anthem
instills a sense of “Patriotism” and Khadi attire evokes a feeling of “Nationalism” among
the students and teachers.
12. College Dress Code:
Students shall wear uniform on 2 days a week (Tuesday and Thursday) and other special days
prescribed by the college. Boys shall wear white shirt black trouser and black blazer. Girls shall
wear white Chudidar and black blazer or white shirt black trouser and black blazer. The staff and
students wear khadi dress in a combination of blue and white, the blue colour signifying
“Tolerence” and white “Purity”.
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13. Placement Record:
ISBR provides in-depth career counselling, broad exposure to a variety of industries and career
paths, and exceptional opportunities to network with potential hiring firms. ISBR has close
networking relationships with several industry bodies, leading institutions, professional bodies
and Corporate around the world.
I SEMESTER
Text: M.Nagarajan, T.Shashishekharan & S.Ramamurthy, ed., Indian Prose for effective
Communication: A practical Programme for Colleges, Macmillan India Ltd.
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Books Prescribed:
R.W.Zandwoort, A handbook of English Grammar Quirk, et. al.,
Contemporary English grammar- Structure and Composition. Michael Swan, Practical English
Usage.
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Reference Books:
1. Essential of Business Environment – by K. Ahwathappa
2. Business Environment – By Francis Cherinilum
3. Essentials of Business Environment – Bisht and Sharma
4. Business Policy – By Bowel
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Capital Budgeting: Meaning and significance – Technologies –Payback period method and net
present value method (Theory only).
Reference Books:
1. Managerial Economics: M. Craig Peterson and W. Cris Luis.
2. Business and Managerial Economics – P. L. Mehta
3. Foundation of Business and Managerial Economics –Prabhakar Shishila
4. Managerial Economics – R. Cauvery & U. K. Sudhanayak
5. Managerial Economics – Varshney & Maheshwari
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Reference Books:
1. Advanced Accountancy – R. L. Gupta
2. Advanced Accountancy – B. S. Raman
3. Advanced Accountancy – S. N. Maheshwari
4. Advanced Accountancy – M. C. Shukla
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II SEMESTER
COURSE I: KANNADA/KANNADA KALI
KANNADA
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COURSE-IV PRINCIPLES AND PRACTICE OF MANAGEMENT
Objectives:
The course intends to appreciate the importance of ‘Management’. The Planning, Monitoring and
organization aspects are emphasized. Staffing and managerial controls along with recruitment
techniques such as selection, training, promotion and penalties for dereliction are examined.
Course contents:
UNIT – I
Concept of Management – Meaning, Nature, Scope and Importance – Evolution of Management
thought – Taylor’s Scientific Management – Fayol’s theory – Elton Mayo and How throne
experiments – Peter Drucker – Management process – Functions of Management.
UNIT – II
Planning – Concept and Significance – Planning Process – Types of Plans – Different
approaches to planning – Strategies, Objectives and policies – Decision making – Forecasting.
UNIT – III
Organizing – Line, Staff and Functional organization – Formal and informal organization –
Organizational structure – Authority and responsibility – Delegation and decentralization,
divisionalisation and Departmentalization – Span of control – Chain of command – Co-
ordination as an essence of Management.
UNIT – IV
Staffing process – Recruitment, Selection, training, promotion, transfers, and demotion.
UNIT – V
Leadership – Meaning and importance – Features - Styles –Motivation theories – Maslow’s
theory, Mc Grego’s theory – Communication – Importance –Features of good communication –
Types- Barriers – Steps to overcome barriers. Managerial control – Need for control – Steps in
control – Features of effective control system.
Reference Books:
1. Essentials of Management – Hetald & Cyril O Donnel
2. Principles of Management – C. B. Gupta
3. Principles of Management – T. N. Chakravarthy
4. Principles of Management – L. M. Prasad
5. Principles of Management – Stoner
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COURSE-III: ECONOMIC DEVELOPMENT IN INDIA
Objectives:
The course is developed keeping in view the dynamics of economic principles in legal system.
The Course intends to describe economic development in relation to Agriculture, Industry and
Banking, the national income and the functions of the Central Bank i.e., RBI and the impact of
globalization on the economy.
Course contents:
UNIT – I
Economic Development in India, in relation to Agriculture, Industry and Banking since 1990.
UNIT – II
National Income – meaning, measurement and difficulties, Parallel Economy – meaning,
magnitude & consequences, Factors responsible for the generation of black money, Policy to
control parallel economy.
UNIT – III
Functions and role of RBI and monetary policy, Quantitative and selective methods – working of
the Indian monetary system – Chakravarthy committee report.
UNIT – IV
New Industrial policy, changing role of public sector small sector industrial policy, Abid Hussein
committee report on SSI.
UNIT – V
Globalization and its impact on Indian Economy, Emerging trends in India’s Foreign Trade –
Exim Policy – India and WTO, World Bank and IMF.
Reference Books:
1. Indian Economy – A. N. Agarwal
2. Indian Economics – Shankaran
3. Indian Economy – Rudradutt, KPM Sundaram
4. Indian Economy – S. M. Mishra, V. K. Puri
Objectives:
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The course intends to elaborate on the Human Relations, aspects of entrepreneurship. It also
highlights the legal requirements for establishment of new Units, licensing, clearance and other
legal compliances. The Entrepreneur development programmes such as motivational aspects are
highlighted.
Course contents:
UNIT – I
Entrepreneur – Meaning, Definition, Importance characteristics, Functions and types;
Entrepreneurship – Meaning and Importance.
UNIT – II
Legal requirement for establishment of new Units, licensing, clearance, certificate from agencies,
SIDBI.
UNIT – III
Entrepreneurship Development Programme – Meaning, objectives, phases in DP and operational
Problems, Entrepreneurial Training Meaning, Importance and types.
UNIT – IV
Entrepreneurial Environments – Economic, Social, Cultural, Political and Legal Environment.
UNIT – V
Entrepreneurial Motivation – Motivating Factors – Compelling and Facilitating Factors;
Entrepreneurial Ambition.
Reference Books:
1. Small Scale industries and entrepreneurial development-C. S. V. Murthy
2. Entrepreneurship and small business management- C. B.Gupta and Khanka.
3. Entrepreneurship Development- S. Anil Kumar, S. C.Poorinima, M. K. Abraham and K.
Jayashree.
COURSE-V: LAW OF TORTS
Objectives:
This course is designed to study the principles of Tortious liability, the defences available in an
action for torts, the capacity of parties to sue and be sued and matters connection there with.
Further, this course is designed to study specific torts against the individual and property. With
rapid industrialization, inadequacy of the law to protect the individual is exposed. An attempt
shall be accorded to the individuals against mass torts and industrial torts. Keeping in the
expensive character of judicial proceedings the students should reflect on the alternative forms,
and also the remedies provided under the Consumer Protection Act, 1986.
Course contents:
UNIT-I
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Evolution of law of torts- Nature and scope of law of torts-Meaning- Torts distinguished from
Contract- Crime-Development of Ubi jus ibi Remedium- Mental elements-Intention, Motive,
Malice in Law and in Fact.
UNIT-II
General Defences, Vicarious Liability.
UNIT-III
Negligence; Nuisance; Absolute and Strict liability. Legal Remedies-Awards-Remoteness of
damage.
UNIT-IV
Torts against person: Torts affecting body- Assault, Battery, Mayhem and False Imprisonment;
Torts affecting reputation-Libel and Slander, Torts affecting freedom-Malicious Prosecution,
Malicious Civil Action and Abuse of Legal Process; Torts affecting domestic and other rights-
Marital Rights, Parental Rights, Rights to Service, Contractual Rights, Intimidation and
Conspiracy; Torts against property.
UNIT- V
Consumer Protection Act, 1986
Prescribed Books:
Ratanlal and Dhirajlal- Law of Torts.
Singh Gurubax- Law of Consumer Protection.
Reference Books:
Winfield and Jolowicz- Tort.
Hepple and Mathews- Tort: Cases and Materials
Baxi Upendra and Danda Amita- Valiant victims and Lethal
Litigation-The Bhopal Case, 1990 Salmond- On Torts.
Avtar Singh - The law of Torts.
D. N. Saraf - Law of Consumer Protection in India.
III SEMESTER:
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Students are to be equipped in the communication skills that are necessary for making one self a
good business administrator. Students are also required to be trained in computer communication
skills to the extent necessary for a graduate I business administration so that he will be able to
handle e-business.
Course contents:
UNIT – I
Communication- meaning, history and importance communicators and subject matter of
communication- models of communication- written, oral and body language- Benefit of
communication.
UNIT – II
Business communication- need for business communication errors in communication namely
wrong communication, partial communication and no communication- Pre-requisites of good
business communication.
UNIT – III
Business Letters- enquiries, quotations, orders and complaints, response, Announcements-
Characteristics of a good business letter.
UNIT – IV
Reports- Reports for publication, periodical reports- reports to shareholders, Board of Directors
Reports- reports to Creditors- Auditors reports- Reports of investigations and enquiries.
UNIT – V
Press notes and speeches of the Chairperson in company meetings.
Reference Books:
1. M.S. Ramaiah & Puttanashatty- Business Communications(Himalaya Publishing House,
Bangalore)
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Budgetary Control : Objectives of Budgetary Control –Preparation of the Budget – Functional
Budgets – Sales Budgets– Production Budget – Cost Budget – Plant Utilization Budget Capital
Expenditure Budget – Selling & Distribution Cost Budget– Purchasing Budget & Cost Budget –
The Master Budget –Operation of Budgetary Control Flexible Budgetary Control –Zero – Base
Budgeting – Case Studies.
UNIT – II
Standard Costing: Objectives – Principles – Determination of Standards for Material – Labor –
Direct Expenses & Overhead Costs – Variable and Fixed Costs – Case Studies.
UNIT – III
Variance Analysis: Material, Labor and Overhead Variances –Sales & Profit Variances –
Disposition of Variances – Assessing the Significance of Standard Cost Variance – Standard
Cost Accounting – Case Studies.
UNIT – IV
Uniform costing & Inter-firm Comparisons: Objectives and Purposes Underlying Uniform
Costing – Development of Uniform Costing – Cost Audit – Meaning & Definition – Inclusion of
Clause B to Sec.208 to Sub Sec.(d) to Sec. 209 – Indian Companies Act, 1956 – Appointment of
Cost – Cost Audit Programme – Records Relating to Materials – Labour Overhead –
Depreciation – stores & Sore Parts –work in – progress and Incomplete Contract Cost Auditor’s
Report – Application of Cost
– Audit Report Rules, 1963 – Sachar Committee’s Report – Case Studies.
UNIT – V
Management Audit: Meaning & Definition – Objectives & Criticisms – Types of Audits –
Arguments for & Against Management Audit – Social Audit-Steps underlying Social Audit
Programme – Social Audit Report – Limitations of Social Audits – Case Studies.
Reference Books:
1. Welsh, Glenn A. – Profit, Planning and Control (Prentice Hall)
2. J. Batty – Standard Costing
3. M. R. S. Murthy – Cost Analysis for Management Decisions, Tata M c. Graw Hill
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Development being the most crucial aspect in the management, due importance is given toall
aspects of HRM
Course contents:
UNIT – I
Introduction:
Meaning and significance of HRM; Evolution and Development of HRM; Functions of HRM;
Objectives of HRM; Organization design and HRM. Human Resource Planning; Integrated
Strategic planning and Human Resource Planning; HR Planning at different levels; Process of
HRM; Control and Review mechanism in HR planning.
UNIT – II
Recruitment:
Definition, Objectives and Complexity; Corporate Objectives and Recruitment; Sources and
Techniques of Recruitment – Internal– External sources – Modern Sources and Techniques;
Assessment of Recruitment Programme.
UNIT – III
Selection, Placement and Induction: Selection Procedure, Tests, Interviews; Placement and
Induction.
UNIT – IV
Human Resource Development; Concept and Significance of HRD; HRD framework;
Techniques of HRD; Functions of Human Resource Development; HRD tasks and Line
Manager.
UNIT – V
Performance Appraisal:
Performance Evaluation to Performance Analysis and Development; Methods of Performance
Development; System of Performance Appraisal; Counseling; Managerial Appraisal.
Books for Reference
HRM- K.S. Ashwathappa
HRM- T.V. Rao
HRM- Subba Rao
HRM- L.M. Prasad
HRM- V.S.P. Rao
HRM- Fred Luthans
Personnel Management- C.B. Memoria
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COURSE-IV BUSINESS STATISTICS
Objectives:
The course intends to spell out the statistical methods of calculation and analysis with
appropriate expressions. The fundamentals of the subjects such as data collection and
classification are introduced. The measuring of Central Tendencies, Dispersion and Correlations
are taught to enable the students for research activities.
Course contents:
UNIT – I
Meaning – Definition & Scope of statistics, collection of data –primary & secondary – Methods
collecting primary data, classification & tabulation – Graphs – Histogram & Ogive curves,Pie &
Bar diagrams (single dimensional only)
UNIT – II
Measures of central tendency – A. M. Median, Quartiles & Mode(without grouping), G. M. & H.
M.
UNIT – III
Measures of Dispersion – Range, Quartile deviation, Mean deviation & standard deviation with
coefficients, Skewness –Bowly’s & Karl Pearson’s methods only.
UNIT – IV
Correlation – Meaning, Utility, Karl Pearson’s coefficient of correlation (without grouping),
Spearman’s Rank correlation, Regression & estimation
UNIT – V
Index Numbers: Meaning – Uses – Steps involved in computing index numbers – Methods –
simple, weighted, Laspeyre’s Index number, Pasche’s Index Number, Fisher’s Ideal Index
Number(Including TRT & FRT), Consumer Price Index under family budget method.
Books for reference:
1. Business Statistics – S. P. Gupta
2. Business Statistics – B. N. Gupta
3. Business Statistics – S. C. Gupta
4. Business Statistics – D. N. Elhance
5. Business Statistics for Business and Economics – Leonard JKazmier
6. Practical Business Statistics – Andrew F Siegel
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COURSE-V CONSTITUTIONAL LAW - I
The purpose of the course is to acquaint the students with the idea that the Indian Constitution is
a normative Constitution with value aspirations. The Indian Constitutions envisages to establish
a justice system with legal technique. The basic postulate of Constitution like the Constitutional
Supremacy, Rule of Law and Concept of Liberty are emphasized in this paper. Exhaustive
analysis of Fundamental Rights and committed approach to Directive Principles would form the
essence of the course.
UNIT – I
Meaning and Definition of Constitution; kinds of Constitution, Constitutionalism, Salient
features of Indian Constitution. Preamble: Meaning, Scope, Importance, Objectives and Values
enshrined in the Preamble. Citizenship – modes of acquisition and termination.
UNIT – II
State: Definition under Article 12, New Judicial Trends on concept of State Action – need for
widening the definition. Definition and Meaning of Law: Pre-Constitutional and Post-
Constitutional Laws, Doctrine of Severability and Doctrine of Eclipse, Judicial Review and
Article 13.Equality and Social Justice: General Equality Clause under Article 14, New Concept
of Equality, Judicial Interpretation on Equality.
UNIT – III
Positive Discrimination and Social Justice under Articles 15 and 16, New Judicial trends on
Social Justice, Constitutional Provisions on Untouchability under Article 17.Right to Freedom:
Freedom of Speech and Expression, Different dimensions – Freedom of Assembly, Association,
Movement and Residence, Profession, Occupation, Trade or business, Reasonable restrictions.
UNIT – IV
Rights of the Accused: Ex-post facto Law – Double jeopardy – Right against self-incrimination
(Article 20). Rights of arrested persons, Preventive Detention Laws (Article 22), Right to Life
and Personal Liberty (Article 21), Right against Exploitation, Secularism – Freedom of Religion,
Judicial Interpretation, Restrictions on freedom of Religion.
UNIT – V
Cultural and Educational Rights of minorities – Recent Trends – Right to Constitutional
Remedies: Article 32 and 226 – kinds of writs- Right to property (prior to 1978 and the present
position), Directive Principles of State Policy and Fundamental Duties – inter relation between
Fundamental Rights and Directive Principles.
Prescribed Books:
1. Dr. V N. Shukla – Constitution of India.
2. M.P.Jain – Indian Constitutional Law
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Reference Books:
1. H.M. Seervai – Constitutional Law of India
2. T.K. Tope – Constitutional Law
3. D.D. Basu Shorter Constitution of India
4. S. Shiva Rao – Framing of Indian Constitution
5. Subhash. C. Kashyap – Parliamentary Procedure
6. Subhash. C. Kashyap – History of Indian Parliament
7. R.C. Agarwal – Constitutional Development and National Movement
8. A.B. Keith – Constitutional History of India
D.J.De – The Constitution of India Vol.I & II
IV SEMESTER
COURSE-I: FINANCIAL MANAGEMENT
Objectives:
The course intends to highlight capital structure and market with long term and short term debts.
The nerve center of every business set up is its financial management. Fundamentals of Financial
Management are examined in its entirety. The course also tries to explain the F.M. of MNCs
besides, mergers and acquisitions.
Course contents:
UNIT - I
Cost of Capital: Cost of Equity – Short and Long Term Debts –Cost of Short – Term Borrowing
– Capital Market Hypothesis: Derivation of Sharpe Lintner – Empirical Evaluation of the Model.
UNIT - II
Capital Structure Hypothesis: Traditional Proposition V/s.Modigiani Proposition – Empirical
Evaluation of Prepositions –Dividend Policy Decisions – Factors Affecting Dividend Policy–
Traditional Proposition V/s M Hypothesis – Empirical Evaluation of Different Hypothesis –
Types of Dividend Policies.
UNIT - III
Working Capital Management: Optimal Investment in Short Term Assets like Inventory –
Debtors – Securities and Cash –Determination of Optimal Sources of Funds.
UNIT - IV
Financial Management of Multi-national Corporations: Factors Peculiar to Multi-Nationals –
Decision Areas – Working Capital– Management Accounting – Capital Budgeting – Capital
Structure and Dividend Policies – Case Studies.
UNIT - V
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Mergers and Acquisitions: Types of Characteristics – Valuation– Deed Structuring – Managerial
State- Regulation –Environment – case Studies.
Reference Books:
1. Mao, James C. T – Quantitative Analysis ofFinancial Decisions – (Mc. Milan)
2. Khan, M. V. and Jain – FinancialManagement – Tata McGraw Hill
3. Paney. I. M. – Financial Management –Delhi, Vikas Publishing House.
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Facilities for Exporters – Export Units and Export Processing Zones– Export Houses and
Trading Houses– Case Studies.
Reference Books:
1. Chanda. G. K. – WTO and Indian Economy
2. G. S. Batra& R. C. Dangwal – International Business: New Trends
3. Jean Pierre & H. David Hennessay – Global Marketing Strategies
UNIT – II
Executive: Centre and State; President and Governor; powers and functions Parliament and State
Legislature; Bicameralism, Composition, powers and functions, Council of Ministers: Collective
responsibility, Position of Prime Minister and Chief Minister.
UNIT – III
Speaker: Parliament and State Legislature, Powers and functions, Privileges and Anti-Defection
Law. Judiciary: Union and States, appointment, powers, jurisdiction and Transfer of judges.
UNIT – IV
Subordinate Judiciary, Administrative Tribunals, Public Service Commission: Services under the
Centre and the State, Constitutional Protection to Civil Servants Election Commission: Powers
and functions State Liability for Torts and Contract
UNIT – V
Emergency: Types, Effects and effects on Fundamental Rights Constitutional Interpretation
Amendment: Basic Structure Theory, Schedules, Review of working of the Constitution
28
Prescribed Books:
1. M.P.Jain – Indian Constitutional Law Vol I & II
Reference Books:
1. H.M. Seervai – Constitutional Law of India
2. V.N. Shukla – Constitution of India
3. T.K. Tope – Constitutional Law
4. S. Shiva Rao – Framing of Indian Constitution
5. Subhash. C. Kashyap – Parliamentary Procedure
6. Subhash. C. Kashyap – Constitution of India
7. D.J.De – The Constitution of India Vol.I & II
8. J.N. Pandey – Constitutional Law of India
9. D.D. Basu Shorter Constitution of India
30
Electronic Documents as Web Pages – Digital Certificates as Entry Passes – Time and Place of
Contract– Secured Custody of Electronic Records.
UNIT – II
Capacity to Contract – Minor’s Agreements and its effects –Persons of unsound mind – Persons
disqualified by Law. Free Consent – Coercion - Undue influence – Misrepresentation– Fraud –
Mistake – Legality of Object – Void Agreements –Agreements against Public Policy – Wagering
Agreements – Its exceptions – Contingent Contracts.
UNIT – III
Discharge of Contracts and its various Modes – by performance – Time and place of
performance – Performance of reciprocal promises - Appropriation of Payments – Discharge by
Agreement – By operation of Law – By frustration (Impossibility of Performance) – By Breach
(Anticipatory and Actual).
UNIT – IV
Remedies for Breach of Contracts – Damages – Remoteness of damages – Ascertainment of
damages -Injunction – When granted and when refused– Restitution – Specific performance
when granted – Quasi Contracts.
UNIT – V
The Specific Relief Act Nature of Specific Relief – Recovery of Possession of movable and
immovable Property – Specific performance when granted and not granted – Who may obtain
and against whom – Discretionary remedy – Power of Court to grant relief – Rectification of
instruments – Cancellation – Declaratory decrees – Preventive relief – Temporary injunctions –
Perpetual and Mandatory Injunctions. Government as a contracting party: Constitutional
provisions – Government powers to contract – Procedural requirements –kinds of Government
Contracts, their usual clauses, performance of such contract, settlement of disputes and remedies.
Prescribed Books:
1. Avtar Singh- Law of Contracts
2. Avtar Singh- Specific Relief Act
Reference Books:
1. Pollock &Mulla- Indian Contract Act
2. P. S. Atiya- Introduction to the Law of Contract
3. G. C. Cheshire- Law of Contract
4. William Anson- Law of Contract
5. Henry Maine- Ancient Law
V SEMESTER:
31
COURSE-I: LABOR LAW – I
Objectives:
In this course, the students are to be acquainted with the industrial relations framework. Further,
the importance of the maintenance of industrial peace and efforts to reduce the incidence of
strikes and lockouts are to be emphasized. The main objective is to critically examine the
provisions in the Trade Unions Act 1926; the machineries contemplated under the Industrial
Disputes Act 1947, for the prevention and settlement of industrial disputes and other matters.
Further, the objectives underlying the Industrial Employment (Standing Orders) Act 1946, and
Disciplinary Enquiry for misconduct are to be studied with a view to acquaint misconduct
alleged and established.
Referring wherever necessary to the Constitutional provisions and the ILO Conventions and
recommendations will do learning of these legislations. We will be looking at the judicial
response, legislative response and probable amendments required to the industrial relations laws
to meet the challenges posed by economic liberalization. In order to understand the above –
mentioned legislations in their proper perceptive, a brief historical background of these
legislations will also be examined.
In this course, students shall also acquaint with legal frame-work relating to social security and
welfare. The concept of social security, its importance and also Constitutional basis for the same
are introduced. The importance of ensuring health, safety and welfare of the workmen, social
assistance and social insurance schemes and the regulation of wages under various legislations
are to be emphasized. The objective is also to understand the provisions of the Employees
Compensation Act 1923, the Employees State Insurance Act 1948. These Legislations are to be
studied with a view to acquaint the students regarding various rights and benefits available to the
workman there under. Legislations are to be analyzed by examining historical background,
objectives underlying these legislations, judicial interpretations and effectiveness of these
legislations in the changed economic policies.
UNIT – I
Historical aspects – Master and Slave Relationship, Trade Unionism in India and UK –
Enactment of the Trade Unions Act 1926, - ILO Conventions relating to Trade Unions and
relevant Constitutional provisions.
A bird’s eye view of the Act – Definitions – Trade Union, Trade Dispute, etc. – Provisions
relating to registration, withdrawal and cancellation of registration – Funds of Trade Union,
Immunities, problems of Trade Union, Amalgamation of Trade Union – Recognition of Trade
Unions – Methods, need and efforts in this regard, Collective bargaining and liberalization.
UNIT – II
Historical Background and Introduction to the Industrial Disputes Act 1947 – Definitions –
Industry, Workman, Industrial Dispute, Appropriate Government, etc., - Authorities/Industrial
Dispute resolution machinery – Works Committee, Conciliation and Board of Conciliation –
Powers and Functions, Court of Inquiry, Grievance Settlement Authority.
32
Voluntary Arbitration u/s 10-A, Compulsory Adjudication – Government’s power of reference
u/s – 10 – Critical analysis with reference to decided cases. Compulsory adjudication –
Composition, Qualification, Jurisdiction, powers of adjudication authorities, - Award and
Settlement – Definition, period of operation, binding nature and Juridical Review of award.
UNIT – III
Law relating to regulation of strikes and lockouts – Definition of strikes and lockouts, Analysis
with reference to Judicial Interpretations, Regulation u/ss 22,23, 10-A(4-A) and 10(3), Illegal
strikes and lockouts, penalties – Regulation of Job losses – concepts of Lay – off, Retrenchment,
Closure and Transfer of undertakings with reference to statutory definition and judicial
Interpretations – Regulation of job losses with reference to the provisions of Chapter V A & V B
of the ID Act 1947, - Certified Standing Orders – Meaning and Procedure for Certification,
Certifying officers – Powers and Functions, etc.
UNIT – IV
Concept and Importance of Social Security – Influence of ILO – Constitutional Mandate. The
Employee’s Compensation Act 1923 – Definitions – employee, employer, dependent, partial
disablement, etc., - Employer’s liability for compensation – Conditions and Exceptions –
Procedure for claiming compensation, Computation of Compensation, Commissioner –
Jurisdiction, Powers, etc.
The Employees’ State Insurance Act 1948 – Definitions – Employment injury, contribution,
dependent, employee, principal employer, etc. – Employees’ State Insurance Funds –
Contribution, Benefits available – Administrative Mechanism – E.S.I. Corporation, Standing
Committee, Medical Benefits Council – Composition, Powers, Duties – Adjudication of Disputes
– E.S.I. Courts. Comparative analysis of the E.S.I. Act 1948 with the Employees’ Compensation
Act 1923.
UNIT – V
The Payment of Wages Act 1936 – Definitions – employed person, factory, industrial and other
establishment, wages, etc. – Deductions – Authorities – Inspectors and Payment of wages
Authority.
The Factories Act 1948 – Definitions – factory, manufacturing process, occupier, worker,
hazardous process, etc. – Provisions of the factories Act relating to health, safety and welfare of
workers – Provisions relating to Hazardous process – Provisions relating to working conditions
of employment – Working Hours, Weekly leave facility – Provisions relating to regulation of
employment of women, children and young persons.
Books Prescribed:
• S.C. Srivastava – Industrial Relations and Labor Laws
• Dr. V.G. Goswami – Labor Industrial Laws
• S.N. Mishra – Labor and Industrial Laws
• S.C. Srivastava – Treatise on Social Security
• The trade Unions Act 1926
• The Industrial Disputes Act 1947
• The Industrial Employment (Standing Orders)Act 1946
33
• The Employees Compensation Act 1923
• The Employees’ State Insurance Act 1948
• The Payment of Wages Act 1936
• The Factories Act 1948
Reference Books:
• O.P.Malhotra – Law of Industrial Disputes
• G. Ramanujam – Indian Labor Movements
• P. L. Malik – Industrial Law
• Mamoria and Mamoria – Dynamics of Industrial Relations
• First National Labor Commission Report 1969
• Second National Labor Commission Report 2002
• International Labor Conventions and Recommendations
COURSE-II JURISPRUDENCE
Objectives:
Any academic discipline, worthy of the name, must develop in the student the capacity for
critical thought. Legal education needs to teach both law and its context- social, political and
theoretical. At the heart of legal enterprise is the concept of law. Without deep understanding of
this concept neither legal practice nor legal education can be a purposive activity. This course in
Jurisprudence is designed, primarily, to induct students into are alm of questions concerning
nature of law. Therefore, the first part of the course is concerned with important questions like,
what is law, what are the purposes of law?, the relationship between law and justice and the like.
The second part is concerned with the important sources of law. The emphasis is on important
issues concerning law with reference to ancient and modern Indian Legal Thought. One
important branch of Jurisprudence consists in analysis of legal concepts. The law of contract and
tort is concerned with different rights which one person may have against another. Jurisprudence,
on the other hand, studies the meaning of the term “rights” in the abstract and seeks to
distinguish various kinds of rights which are in theory possible under a legal system. Similarly, it
investigates other legal concepts and tries to build up a general and more comprehensive picture
of each concept as a whole. This course is designed primarily on English model but native India
Orientation is given wherever possible.
Course contents:
UNIT – I
Meaning and nature of ‘Jurisprudence’ - Purpose and value of Jurisprudence -Schools of
Jurisprudence: Natural law, Imperative Theory, Legal Realism, Historical School, Sociological
School.
UNIT – II
Functions and purpose of law, questions of law, fact and discretion - Justice and its kinds - Civil
and Criminal Administration of Justice - Theories of Punishment and Secondary functions of the
Court.
34
UNIT – III
Sources of Law: Legislation, Precedent and Custom – A Comparative study
UNIT – IV
Legal Concepts: Right and Duty, Kinds, Meaning of Right in its wider sense; Possession: Idea of
Ownership, kinds of Ownership, Difference between Possession and Ownership; Nature of
Personality, Status of the Unborn, Minor, Lunatic, Drunken and Dead Persons.
UNIT – V
Liability: Conditions for imposing liability - Wrongful act: Damnum Sine Injuria, causation,
mensrea, intention, malice, negligence and recklessness, strict liability, vicarious liability,
obligation.
Prescribed Books:
• Fitzgerald – Salmond on Jurisprudence.
• R. W. M. Dias – Jurisprudence
Reference Books:
• W. Friedman – Legal Theory
• V. D. Mahajan – Jurisprudence and Legal Theory
• Paton – Jurisprudence
Edgar Bodenheimer – Jurisprudence
35
UNIT – III
Hindu undivided family – Mitakshara Joint Family – Formation and Incidents - Property under
both Schools – Kartha: His Position, Powers, Privileges and Obligations - Debts – Doctrine of
Pious Obligation - Partition and Reunion –Religious and Charitable Endowment.
UNIT – IV
Inheritance and Succession - Historical perspective of traditional Hindu Law relating to
Inheritance - A detailed study of Hindu Succession Act, 1956.Stridhana- Woman’s Property -
Recent State and Central Amendments to Hindu Succession Act; Gifts and Testamentary
Succession – Wills.
UNIT – V
Law relating to Hindu Minority and Guardianship: Kinds of Guardians; Duties & Powers of
Guardians; A detailed study of Hindu Adoption and Maintenance Act, 1956; Maintenance:
Traditional Rights and Rights under Hindu Adoption &Maintenance Act 1956.
Prescribed Books:
Paras Diwan – Modern Hindu Law
Reference Books:
John D. Mayne – Hindu Law Usages
Mulla – Principles of Hindu Law
Paras Diwan – Law of Adoption, Ministry Guardianship’s custody
J. D. M. Derrett – Hindu Law – Past and Present
37
COURSE-V ADMINISTRATIVE LAW
Objectives:
One of the perennial problems of the civilized society is to control the exercise of public power.
Administrative Law is concerned with controlling the misuse of public power, by laying down
general norms of administrative behavior. This course will deal with the nature, scope and
functions of Administrative Law, the nature and control of delegated legislative power,
regulation of discretionary powers and general principles of Administrative adjudication. This
course further deals with the role played by courts in the development of Administrative Law.
The Focus is on their role in protecting the rights of individuals against abuse of administration.
In addition adjudicatory powers of the administration and liability of administrative authorities
are also studied in this course.
Course contents:
UNIT – I
Evolution- Nature and Scope of Administrative Law- Relation with Constitutional Law-
Separation of powers and concepts-Rule of law- Counsil d’ Etate, (French system) -
Classification of Administration Action- functions- Administrative direction and discretion.
UNIT –II
Legislative power of the administration- Extent of delegation and control over delegated
Legislation- Sub-delegation-Judicial- Parliamentary control over delegated Legislation.
UNIT - III
Judicial power of Administration- Nature of procedure-Principles of Natural justice- Effect of
non-compliance with principles of Natural Justice- Exception to principles of Natural Justice.
UNIT – IV
Judicial control of Administrative action – Writs, Principles and Procedure - Public Law Review
and Private Law Review of Administration action- Liability of State – Torts, Contract-
Promissory Estoppel-Government Privileges- Right of information- Doctrine of Legitimate
expectation- Doctrine of Accountability- Waiver- Doctrine of Proportionality.
UNIT –V
Corporations and Public undertaking- Commission of Enquiry-Ombudsman in India (Lokpal and
Lokayuktha) – CentralVigilance Commission- Parliamentary Committees-Civil services in India-
Accountability and responsibility- Problems and Prospectives- Administrative deviance-
Corruption- Maladministration-Control mechanism of Accountability.
Prescribed Books:
M. P. Jain & S. N. Jain - Principles of Administrative Law.
Reference Books:
Wade - Administrative Law.
38
De Smith - Judicial Review of Administrative Action.
S. P. Sathe - Administrative Law.
I. P. Massey - Administrative Law.
VI SEMESTER:
39
The Employees’ Provident Fund ( Family Pension Fund and Deposit Linked Insurance Fund)
Act 1952 – Definitions – Contribution, employee, employer, factory, fund, etc. – Provident Fund
Scheme, Family Pension Scheme, Employee’s Deposit Linked Insurance Scheme – Scope,
Contributions – Benefits Available – Authorities Under the Act – Powers.
The Maternity Benefit Act 1961 – Object and Scope of the Act, Definitions – appropriate
government, employer, establishment, factory, maternity benefit, etc.,- Benefits available under
the Act – Inspectors.
The Payment of Wages Act 1936 – Definitions – employed person, factory, industrial and other
establishment, wages, etc. – Deductions – Authorities – Inspectors and Payment of wages
Authority.
The Minimum Wages Act 1948 – Concept of Wages – Theories of Wages and Kinds, Definitions
– appropriate government , employer, Scheduled employment, etc.- Fixation of Minimum rates
of wages – Methods – Regulation of working Conditions – Payment of wages, Working Hours,
etc.
The Factories Act 1948 – Definitions – factory, manufacturing process, occupier, worker,
hazardous process, etc. – Provisions of the factories Act relating to health, safety and welfare of
workers – Provisions relating to Hazardous process – Provisions relating to working conditions
of employment – Working Hours, Weekly leave, Annual leave facility – Provisions relating to
regulation of employment of women, children and young persons.
UNIT – V
The Unorganized Workers’ Social Security Act, 2008 – Importance of Unorganized Sector,
Definitions – employer, home based worker, self-employed worker, unorganized sector,
unorganized worker, wage worker etc. Schemes – Funding mechanism, Procedure, benefits
available – Administrative Mechanism – Composition and Powers, etc.
Globalization, Privatization and Open Economy – Compulsions that led to Globalization Policy
– Effects of Globalization on Industry and Labor – Constitutional Mandate of Welfare State and
effectiveness of Social Security and Social Welfare legislations in India under new economic
policy – Review of laws to meet new challenges – Legislative and Judicial response/trend
towards application of Labor Laws – Emergence of laws relating SEZ, etc.
Suggested Readings:
• Dr. V.G. Goswami – Labor Industrial Laws
• K.M. Pillai – Labour and Industrial laws
• S.N. Mishra – Labor and Industrial Laws
• O.P.Malhotra – The Law of Industrial Dispute
• N.G. Goswami – Labor and Industrial Laws
• Khan and Khan – Labor Law
• K.D. Srivastava, Payment of Wages Act
• S.C. Srivastava – Treatise on Social Security
• Bhargava, V.B. – Industrial and Labor Laws
• Pai, G.B.: Labour Law in India
40
• S.C. Srivastava – Industrial Relations and Labor Laws
• Singh S.N. – Law and Social Change: Essays on Labor Laws and Welfare research
methodology and environmental protection
• Report of the First National Commission on Labor (1966-69)
• Report of the National Commission on Labor, Government of India, 2002.
Prescribed Books:
Taxman’s Corporate Laws.
Avtar Singh - Company Law.
Reference Books:
41
Ramaiah- Companies Act, Parts I and II.
Shah - Lectures on Company Law.
Taxman’s Company Law.
S. C. Kuchal- Corporation Finance: Principles and problems.
Y. D. Kulshreshta- Government regulation of financialmanagement of private corporate sector in
India.
S. K. Roy- Corporate Image in India.
Gower - Company Law.
Sen – New Horizons in company law.
D. L. Majumdar- Towards a philosophy of Modern Corporation.
Pennington - Company Law.
Rajiv Jain - Guide on foreign collaboration – Policies &Procedures.
C. Singhania – Foreign collaborations and Investments in India– Law and procedures.
Joyant M Thakur – Comparative Analysis of FEMA – FEMA Act,1999 with FERA.
Sanjiv Agarwal - Bharat’s guide to Indian capital.
Objectives:
The focus of this course in on the study of the concept of Property’, the ‘nature of property
rights’ and the general principles governing the transfer of property. A detailed study of the
substantive law relating to particular transfers, such as sale, mortgage, lease, exchange, gift and
actionable claims will also be undertaken. The course also includes an exposure into the concept
of trust.
Course contents:
UNIT – I
General principles of Transfer of Property by Act of parties inter- vivos- Concept and meaning
of immovable property- Transferable Immovable Property- Persons Competent to transfer -
Operation of Transfer-Conditions restraining alienation and restrictions repugnant to the interest
created- rule against perpetuity and exceptions-Direction for accumulation-Vested and
Contingent interest.
UNIT – II
42
Doctrine of election- transfer by ostensible and co-owner-Apportionment- Priority of rights-
Rent paid to holder under defective title- Improvements made by bona-fide holder- Doctrine of
Lispendens-Fraudulent transfer and part-performance.
UNIT – III
Mortgages of Immovable property: Definition- Kinds of mortgages and their features- Rights and
liabilities of mortgagor and mortgagee- Priority of securities- Marshalling and contribution-
Charges.
UNIT – IV
Sale of immovable property: Rights and liabilities of seller and buyer before and after
completion of sale- Difference between sale and contract for sale; Leases of immovable
property:
Definition- Scope- creation of lease- rights and liabilities of lessor and lessee- Determination and
holding over; Exchange: Definition and mode- Actionable Claims; Gifts: Scope- meaning mode
of transfer- universal gifts- onerous gifts.
UNIT – V
Law of Trusts with Fiduciary Relations: Definitions of Trust and its comparison with other
relationships like Debt, Ownership, Bailment, Agency and Contract; Kinds of Trusts- Creation of
Trust- Appointment of Trustees- Duties and Liabilities of Trustees- Rights and Powers of
Trustees- Disabilities of Trustee-Rights and Liabilities of the Beneficiary- Vacating the office of
trustee and Extinction of Trusts.
Prescribed Books:
Mulla – Transfer of Property Act, 1882.
M. P. Tandon – Indian Trust Act.
Reference Books:
Subbarao – Transfer of Property
Shah – Principles of the Law of Property
Shukla – Transfer of Property Act
Menon – Property Law
M. P. Tandon – Indian Trust Act.
43
The knowledge of family laws is important for lawyers. This course is designed to endow the
students with knowledge of both the codified and uncodified portions of Mohammedan Law. The
course concerns itself with the sources, schools, institutions, succession, maintenance, menace of
dowry, etc. In addition the students have to familiarize themselves with the provisions of the
Indian Succession Act.
Course contents:
UNIT-I
Development of Islamic Law: Advent of Islam & development of Muslim Law, Schools of
Islamic Law, the Shariat Act, 1937;Concept of Marriage: Definition, object, nature, essential
requirements of a Muslim marriage, classification of marriage- Legal effects of valid, void and
irregular marriage- Muta marriage; Sources of Islamic law; Customary practices and State
regulation: Polygamy; Child marriage; Pre-emption; Wakf, Dower.
UNIT-II
Conversion and its consequences on family: Marriage, Guardianship, Succession; Child and
Family: Legitimacy, Custody, maintenance and education, Guardianship and parental rights.
UNIT-III
Matrimonial Remedies under Islamic Law and Indian Divorce Act, 1869(Amended Act) -Nullity
of marriage - Bar to matrimonial relief; Alimony and Maintenance: Alimony and Maintenance as
an independent remedy- A review under Muslim law, Indian Divorce Act,1869, provisions under
the Criminal Procedure Code,1973; Maintenance of divorced Muslim Women under the Muslim
Women (Protection of Rights on Divorce) Act, 1986.
UNIT-IV
Will and Inheritance: Will-Meaning, difference between will and gift, Will made in death bed or
during illness; Muslim law of Inheritance- Shia and Sunni schools; Distribution of property
under Indian Succession Act of 1925(Of Christians, Parsis andJews)- Domicile - Parsis Intestate
succession and Non Parsis Intestate succession, Succession certificate, Probate and letters of
administration, powers and duties of executor.
UNIT-V
Wills – Privileged and unprivileged wills - Construction of Wills in brief - Void bequests, void
wills, kinds of legacies – Protection of property of the deceased; Family Courts Act, 1984-
Constitution, powers, and its functions; Need for Uniform Civil Code- Article 44 of Indian
Constitution.
Prescribed Books:
Mulla - Principles of Mohammedan Law.
Paras Diwan - Law of Intestate and Testamentary Succession.
Reference Books:
B. B. Mitra - Indian Succession Act, 1925.
44
A. A. A Fyzee - Outlines of Mohammedan Law.
D. D. Basu - Law of Succession.
Paras Diwan - Family Law: Law of Marriage and Divorce in India.
A. M. Bhattachargee - Muslim Law and the Constitution.
Tahir Mohamood - Mohammedan Law.
Indian Divorce Act, 1869 – Bare Act
VII SEMESTER:
45
P.W. Bowett- International Institutions.
Reference Books:
J. B. Brierly - The Law of Nations.
D. H. Harris - International Law (Cases and Materials).
Oppenheim - International Law( Volume I, Peace)
S. K. Kapoor - International Law.
Bhagirathlal Das – World Trade Organization.
46
customs duties, and overview of law and procedure - Clearance of goods from the port, including
baggage- Goods imported or exported by post, and stores and goods in transit- Duty drawback
provisions.
UNIT V
Central Sales Tax Laws: Evolution and scope of levy of Central Sales tax- Inter- State sale
outside a State and sale in the course of import and export- Basic principles- Registration of
dealers and determination of taxable turnover; Service Tax – Main features of Service Tax;
VAT- Introduction to Value Added Tax.
Prescribed Books:
1. Dr. V. K Singhania - Students Guide to Income Tax.
2. V. S. Datey - Indirect taxes- Law and Practice.
Reference Books:
1. Girish Ahuja and Ravi Gupta- Systematic Approach toIncome – Tax and Sales –tax.
2. T. N. Manoharan- Students Handbook on Income Tax Law.
3. B. B. Lal – Direct Taxes- Practice and Planning.
4. Dr. H. C Malhotra and Dr. S. P. Goyal- Direct Taxes.
5. Sharad Bhargava- Income Tax for Students.
6. V. Balachandran- Indirect Taxes.
7. J. K. Jain and Anand Jain- Law of Central Sales Tax in India.
8. P. L. Malik- Commentaries of Customs Act.
9. G. Sarangi- Introduction to Indian Tax System and CentralExcise Law and Procedure.
47
Course contents:
UNIT – I
Introductory and Pre-trial Process Meaning of procedure; The organization of the functionaries
under the Code; their duties, functions and powers; First Information Report, complaint; Arrest;
types of trial and Features of a fair trial
UNIT - II
Trial Process-I:
1. Magisterial Powers to take cognizance.
2. Commencement of proceedings.
3. Dismissal of complaints.
4. Charge.
5. Processes to compel appearance and production of things.
6. Bail.
7. Preliminary pleas to bar trial.
UNIT - III
Trail Process-II
1. Provisions as to Inquiries and Trials.
2. Judgment.
3. Appeals, Revision and Reference.
4. Security for keeping peace and good behavior.
5. Maintenance.
UNIT - IV
Miscellaneous
1. Transfer of cases.
2. Execution, suspension, remission and commutation of sentences.
3. Disposal of property.
4. Preventive action of the police.
5. Irregular proceedings.
6. Limitation of taking cognizance.
7. Compounding of offences and plea bargaining.
48
8. Criminal Rules and Practice.
UNIT - V
1. Salient features of the Juvenile Justice (Care & Protectionof Children) Act, 2000.
2. Salient features of the Probation of Offenders Act, 1958.
Prescribed Books:
Ratanlal&DhirajLal- The Code of Criminal Procedure.
Juvenile Justice (Care & Protection of Children) Act, 2000 –BareAct
Probation of Offenders’ Act, 1958-Bare Act
Reference Books:
R.V.Kelkar- Criminal Procedure.
Report of the Committee on Reforms of Criminal Justice System.
49
Duty to the court; Duty to the profession; Duty to the opponent; Duty to the client; Duty to the
self; Duty to the public and the state;
UNIT-III
Contempt of Court Act, 1972Selected major judgments of the Supreme Court:
1. In the matter of D, An Advocate,AIR 1956 SC 102.
2. P.J.Ratnam v. D.Kanikaram,AIR1964 SC 244.
3. N.B.Mirzan v. The disciplinary committee of Bar Council of Maharashtra and Another,
AIR1972 SC 46.
4. Bar Council Of Maharastra v.M.V.Dabholkar, etc., AIR 1976 SC 242.
5. V.C.Rangadurai v. D.Goplan and others,AIR 1979 SC 201.
6. Chandra ShekharSoni v. Bar Council of Rajasthan and Others,AIR 1983 SC 1012.
7. In Re an Advocate, AIR 1989 SC 245.
8. In Re Vinay Chandra Mishra, 1995 (Vol-I) IBR 118.
9. Supreme Court Bar Association v. Union of India, AIR 1998SC 1895.
10. Ex-Capt. Harish Uppal v. Union of India, AIR 2003 SC 739.
UNIT-IV
Selected opinions of the Bar council of India
1. DC Appeal No. 16/93 1998 (Vol.1) IBR 1352. BCI Tr. Case No.40/91 1998 (Vol.1) IBR139
3. DC Appeal No. 8/94 1998 (Vol. 1) IBR 1534. DC Appeal No. 20/94 1997 (Vol. 3 &4) IBR
193
5 BCI Tr. Case No. 76/95 1997 (Vol. 3 &4) IBR 2016 DC Appeal No.43/96 1997 (Vol. 3 &4)
IBR 207
7 DC Appeal No.18/91 1997 (Vol. 1 & 2) IBR 2718 DC Appeal No.24/90 1996 (Vol.1) IBR 135
9 DC Appeal No.19/93 1996 (Vol.1) IBR 15210 BCI Tr. Case No.104/90 1996 (Vol.1) IBR 155
11 BCI Tr. Case No.52/89 1994 (Vol.1) IBR 18712 BCI Tr. Case No.127/88 1992 (Vol. 3 &4)
IBR 125
13 BCI Tr. Case No.39/87 1992 (Vol. 3 &4) IBR 14714 BCI Tr. Case No.39/89 1992 (Vol. 3
&4) IBR 149
15 BCI Tr. Case No.16/88 1989 (Vol.1) IBR 9916 BCI Tr. Case No.2/88 1989 (Vol.1) IBR 102
17 BCI Tr. Case No.52/88 1989 (Vol.2) IBR 11018 DC Appeal No.41/87 1989 (Vol.2) IBR 122
19 BCI Tr. Case No.29/81 1989 (Vol.2) IBR 24520 DC Appeal No.14/88 1989 (Vol.2) IBR 258
50
21 BCI Tr. Case No.14/80 1989 (Vol.2) IBR 26422 DC Appeal No.24/87 1989 (Vol.2) IBR 273
23 DC Appeal No.46/86 1989 (Vol.2) IBR 28024 DC Appeal No.3/88 1989 (Vol.2) IBR 285
25 BCI Tr. Case No.2/80 1989 (Vol.2) IBR 28926 BCI Tr. Case No.10/86 1989 (Vol. 3 &4) IBR
520
27 BCI Tr. Case No.101/88 1989 (Vol. 3 &4) IBR 52428 DC Appeal No.23/88 1989 (Vol. 3 &4)
IBR 532
29 DC Appeal No.35/87 1989 (Vol. 3 &4) IBR 53630 BCI Tr. Case No.27/88 1989 (Vol. 3 &4)
IBR 542
31 BCI Tr. Case No.6/84 1989 (Vol. 3 &4) IBR 56032 BCI Tr. Case No.24/86 1989 (Vol. 3 &4)
IBR 563
33 DC Appeal No.10/88 1989 (Vol. 3 &4) IBR 57234 DC Appeal No.45/74 1988 (Vol. 1 &2)
IBR 182
35 DC Appeal No.23/87 1989 (Vol.1& 2) IBR 18736 DC Appeal No.6/81 1988 (Vol.1& 2) IBR
193
37 BCI Tr. Case No.16/86 1988 (Vol.1& 2) IBR 19738 DC Appeal No.41/86 1988 (Vol.1& 2)
IBR 200
39 DC Appeal No.33/86 1988 (Vol. 3 &4) IBR 35440 DC Appeal No.21/85 1988 (Vol. 3 &4)
IBR 359
41 BCI Tr. Case No.43/82 1988 (Vol. 3 &4) IBR 36442 DC Appeal No.28/86 1988 (Vol.3& 4)
IBR 374
43 DC Appeal No.64/74 1987 (Vol.2) IBR 31444 DC Appeal No.30/84 1987 (Vol.2) IBR 319
45 DC Appeal No.40/86 1987 (Vol.3) IBR 48846 DC Appeal No.10/86 &10A/861987 (Vol.3)
IBR 491
47 DC Appeal No.7/86 1987 (Vol.3) IBR 49648 DC Appeal No.7/81 1987 (Vol.4) IBR 735
49 DC Appeal No.12/86 1987 (Vol.4) IBR 74550 BCI Tr. Case No.57/87 1987 (Vol.4) IBR 753
UNIT-V
Accountancy for lawyers: Need for maintenance of accounts- Books of accounts that need to be
maintained- Cash Book, journal and ledger Elementary aspects of book keeping: Meaning,
object, journal, double entry system, closing of accounts The cash and bulk transaction- The
Cash book- Journal proper especially with reference to client's accounts- Ledger, Trial balance
and final accounts-Commercial mathematics. Mode of assessment: There shall be a written
examination for this course for a maximum of 80 marks, and viva voce for20 marks. The viva
voce shall be conducted by the course teacher and the Principal.
Prescribed Books:
51
K.V.KrishnaswamyIyer- Professional Conduct and Advocacy.
B.S.Raman- Accountancy.
Reference Books:
N. R. MadhavaMenon- Clinical Legal Education.
Dr. B. Malik- Art of Lawyer (New Delhi, Universal Book Agency, 1999) - Relevant articles
Contempt of Court Act, 1971
VIII SEMESTER:
COURSE-I: LAW OF EVIDENCE
Objectives:
The law of Evidence has its own significance amongst Procedural Laws. The knowledge of law
of Evidence is indispensable for a lawyer. The course is designed to acquaint the students with
the rules of evidence in relation to relevancy of facts and proof. In addition they are introduced to
law relating to production of evidence. The course teacher shall familiarize the students with
appreciation of evidence and use innovative techniques like simulation exercises wherever
necessary.
Course contents:
UNIT-I
Introduction: Distinction between substantive and procedural law- Conceptions of evidence in
classical Hindu and Islamic Jurisprudence- Evidence in customary law systems (Non-state law)-
Introduction to the British ‘Principles of Evidence’-Legislations dealing with evidence (other
than Indian Evidence Act) with special reference to CPC, Cr.P.C., Bankers Book Evidence Act,
Commercial Document Evidence Act, Fiscal and revenue Laws- Salient features of the Indian
Evidence Act, 1861,Applicability of the Indian Evidence Act. Central Conceptions in Law of
Evidence – Facts - Facts in issue and relevant facts-Evidence- Circumstantial and direct
evidence- Presumptions, proved, disproved, not proved- Witness- Appreciation of evidence.
Relevancy of Facts- Facts connected with facts in issue-Doctrine of Res gestae; Sections 6, 7, 8
and 9 of Evidence Act- Evidence of Common Intention-Section10, Relevancy or otherwise
irrelevant facts- Facts to prove right or custom (Section13)-Facts concerning state of mind/state
of body or bodily feelings (Sections 14 and 15) - Relevancy and admissibility of admissions,
privileged admissions- evidentiary value of admissions (Sections 17 to 23).
UNIT-II
Relevancy and admissibility of confessions- Admissibility of information received from an
accused person in custody-Confession of co-accused (Sections 24 to 30) - Admitted facts need
not be proved (Section 58); Dying declaration-Justification for relevance- Judicial standards for
appreciation of evidentiary value-Section 32 (1) with reference to English Law -Other statements
by persons who cannot be called as witnesses- (Sections 32(2)to (8), 33)- Statement under
special, circumstances (Sections 34 to 39); Relevance of judgments- General principles – Fraud
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and collusion (Sections 40 to Sec. 44); Expert testimony: General principles (Sections 45-50) -
Who is an expert- Types of expert evidence – Problems of judicial defense to expert testimony.
UNIT-III
Character evidence- Meaning –Evidence in Civil Criminal cases; English Law (Sections 52-55)-
Oral and documentary Evidence-Introduction on Proof of facts-General principles concerning
oral; Evidence (Sections 59-60)-General principles concerning documentary; Evidence(Sections
61-90)- General principles regarding exclusion by evidence (Sections 91-100).
UNIT-IV
Burden of Proof- The general conception of onus probandi (Section 101)- General and special
exception to onus probandi(Sections102-106)- The justification of presumption and burden of
proof (Sections 107 to 114) with special reference to presumption to legitimacy of child and
presumption as to dowry death- Doctrine of judicial notice and presumptions. Estoppel: Scope of
Estoppel - Introduction as to its rationale(Section 115)- Estoppel distinguished from Res judicata
-Waiver and Presumption- Kinds of Estoppel- Equitable and Promissory Estoppel- Tenancy
Estoppel (Section 116).
UNIT-V
Witness, Examination and Cross Examination: Competence to testify (Sections 118 to 120)-
Privileged communications (Sections 121 to 128)- General principles of examination and cross
examination (Sections 135 to 166)-Leading questions (Sections 141- 145)- Approver’s
testimony(Section 133)- Hostile witnesses (Section 154)- Compulsion to answer questions
(Sections 147, 153)- Questions of corroboration(Sections 156-157)- Improper admission of
evidence.
Prescribed Book:
Ratanlal and Dhirajlal - Law of Evidence.
Reference Books:
Best - Law of Evidence.
Sarkar - Law of Evidence.
M. Rama Jois - Legal and Constitutional History of India.
Batuklal - Law of Evidence.
COURSE - II
OPTIONAL – I HUMAN RIGHTS LAW AND PRACTICE / INSURANCE LAW
COURSE-II: OPTIONAL-I: HUMAN RIGHTS LAW AND PRACTICE
Objectives:
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The objectives of the course are to prepare for responsible citizenship with awareness of the
relationship between Human rights, democracy and development; to foster respect for
international obligations for peace and development; to impart education on national and
international regime of Human Rights; to sensitize students to human suffering and promotion of
human life with dignity; to develop skills on human rights advocacy and to appreciate the
relationship between rights and duties and to foster respect for tolerance and compassion for all
living creatures.
Course contents:
UNIT – I
Jurisprudence of Human Rights; Nature, definition, origin and theories of human rights.
UNIT – II
Universal protection of human rights- United Nations and Human Rights- Universal Declaration
of Human Rights, 1948;International Covenant on Civil and Political Rights, 1966;International
Covenant Economic, Social and Cultural Rights,1966.
UNIT - III
Regional Protection of Human rights- European system- Inter American System- African System
UNIT – IV
Protection of Human Rights at national level; Human rights and the Constitution; The Protection
of Human rights Act, 1993.
UNIT - V
Human Rights and Vulnerable Groups: Rights of Women, Children, Disabled, Tribals, Aged and
Minorities - National and International Legal Developments.
Prescribed Books:
Meron Theodor- Human Rights and International Law: Legal and Policy Issues, 2 Vols.
S.K.Kapoor- Human rights Under International Law and Indian Law.
Reference Books:
Henkin Luis- Rights of Man Today.
Singh Nagendra- Enforcement of Human Rights in Peace and
War and the future of humanity.
Relevant International Instruments.
United Nations Charter, 1945.
Universal Declaration of Human Rights, 1948.
International Convention on the Elimination of All Forms of
54
Racial Discrimination, 1948.
International covenant on civil and Political Rights, 1966.
International covenant on Economic and Cultural Rights, 1966.
Convention on Elimination of All forms of Discriminationagainst Women, 1979.
Convention on the Rights of the Child, 1989.
55
UNIT – IV
Fire Insurance: Nature and scope of Fire Insurance –Basic Principles – Conditions & Warranties
– Right & Duties of Parties– Claims – Some Legal Aspects. Introduction to Agriculture
Insurance – History of Crop Insurance in India – Crop Insurance Underwriting, Claims,
Problems associated with Crop Insurance– Cattle Insurance in India.
UNIT – V
Marine Insurance: Nature and Scope- Classification of Marine policies- Insurable interest-
Insurable values- Marine insurance and policy- Conditions and express warranties- Voyage
deviation- Perils of sea- Loss- Kinds of Loss- The Marine Insurance Act, 1963 (Sections 1 to
91).
Prescribed Books:
K. S. N. Murthy and K. V. S. Sharma - Modern Law of Insurancein India.
M. H. Srinivasan - Principles of Insurance Law.
Reference Books:
E. R.HardyIvamy - General Principles of Insurance Law, relevantChapters.
Insurance Act, 1938.
The Marine Insurance Act, 1963.
General Insurance (Business) (Nationalization) Act, 1972.
The Life Insurance Corporation Act, 1956.
Motor Vehicle Act, 1988.
RIGHT TO INFORMATION
Objectives:
Free exchange of ideas is a basic pillar of democratic society. Corruption thrives in sacred
places, therefore it is stated that sunlight is the best disinfectant. There should be governance in
sunshine. The course is designed to convince the students how the right to information infuses
transparency and accountability in governance, preventing abuse of power.
Course contents:
UNIT-I
Right to Information before Right to Information Act, 2005;Significance in democracy;
Constitutional basis; Supreme Court on right to information.
UNIT-II
RTI Act- definitions; Right to information and obligations of public authorities.
UNIT-III
Central information commission; State information commission; Powers and functions of
information commissions; Appeals and penalties.
UNIT-IV
Other related laws - The Official Secrets Act, 1923; The Public Records Act, 1993; The Public
Records Rules, 1997; The Freedom of Information Act, 2002; The Commission of Inquiry Act,
1952; The Commission of Inquiry (Central) Rules, 1972.
UNIT-V
Best practices- A study of decisions rendered by state commissions and central Commission in
the following areas of – Police, Revenue, PWD, Irrigation, Secretariat, BSNL, Posts and
Telegraphs, Scheduled Banks, CPWD, Income Tax Department, Central Excise Department,
Local Authorities.
Prescribed Books:
J.H.Barowalia- Commentary on the Right to Information Act.
Reference Books:
J.N.Barowalia- Commentary on the Right to Information Act.
S.V.Joga Rao- Law Relating to Right to Information, vol.1.
58
COURSE – IV
CLINICAL COURSE – II: ALTERNATIVE DISPUTE RESOLUTION SYSTEMS
Objectives:
Today alternative disputes resolution systems have become more relevant than before both at
local, national and international levels. Certain of the disputes, by nature are fit to be resolved
through specific method of resolution. Each of these dispute resolution systems involves
different style of planning and execution. The skills involved are also different as also
preparation. This course trains the students in ADRs. The course teacher shall administer
simulation exercises for each of the methods.
Course contents:
UNIT-I
General; Different methods of dispute resolution; Inquisitorial method; Adversarial method;
Other methods- both formal and informal- like Arbitration, Conciliation, Negotiation, Mediation,
etc.; Advantages and disadvantages of above methods; Need for ADRs; International
commitments; Domestic needs; Suitability of ADRs to particular types of disputes; Civil
Procedure Code and ADRs
UNIT-II
Arbitration: Meaning of arbitration; Attributes of arbitration; General principles of arbitration;
Different kinds of arbitration; Qualities and qualifications of an arbitrator; Arbitration agreement
and its drafting; Appointment of arbitrator; Principal steps in arbitration; Arbitral award;
Arbitration under Arbitration and Conciliation Act, 1996.
UNIT-III
Conciliation: Meaning; Different kinds of conciliation facilitative, evaluative, court-annexed,
voluntary and compulsory; Qualities of a conciliator; Duties of a conciliator; Role of a
conciliator; Stages of conciliation; Procedure; Conciliation under statutes- Industrial Disputes
Act, 1947;Family Courts Act, 1984; Hindu Marriage Act, 1955; Arbitration and Conciliation
Act, 1996..
UNIT-IV
Negotiation: Meaning; Different styles of negotiation; Different approaches to negotiation;
Phases of negotiation; Qualities of a negotiator; Power to negotiate.
UNIT-V
Mediation: Meaning; Qualities of mediator; Role of mediator; Essential characteristics of the
mediation process – voluntary, collaborative, controlled, confidential, informal, impartial
&neutral, self-responsible; Different models of mediation; Code of conduct for mediators.
59
Prescribed Books:
Sridhar Madabhushi- Alternative Dispute Resolution.
Rajan R.D. - A Primer on Alternative Dispute Resolution.
Reference Books:
Sampath D.K. - Mediation.
Gold Neil, et.al. - Learning Lawyers Skills(Chapter-7).
Michael Noone- Mediation, (Chapters-1, 2&3).Mode of Assessment: There will be an end ofthe
semester examination for 60 marks and 40marks to be awarded by the course teacher for four
exercises at the rate of 10 marks foreach of the exercise.
IX SEMESTER:
COURSE-I: CIVIL PROCEDURE CODEAND LIMITATION ACT
Objectives:
Study of procedural law is important for a Law student. This course is designed to acquaint the
students with the various stages through which a civil case passes through, and the connected
matters. The course also includes law of limitation. The course teacher shall endeavor to
familiarize the students with the case papers (like plaints, written statements, Interlocutory
applications, etc.) involved in civil cases and touch upon the provisions of Evidence Act
wherever necessary.
Course contents:
UNIT – I
Civil Procedure Code Introduction; Distinction between procedural law and substantive law-
History of the code, extent and its application, definition; Suits: Jurisdiction of the civil courts-
Kinds of jurisdiction-Bar on suits- Suits of civil nature (Sec.9); Doctrine of Res sub judice and
Res judicata (Sec. 10, 11 and 12); Foreign Judgment (Sec. 13, 14); Place of Suits (Ss. 15 to 20);
Transfer of Cases (Ss. 22 to 25).
UNIT – II
Institution of suits and summons: (Sec. 26, 0.4 and Sec. 27, 28,31 and O.5); Interest and Costs
(Sec. 34, 35, 35A, B); Pleading: Fundamental rules of pleadings- Plaint and Written Statement-
Return and rejection of plaint- Defenses- Set off- Counter claim; Parties to the suit (O. 1):
Joinder, misjoinder and non-joinder of parties- Misjoinder of causes of action- Multifariousness.
UNIT – III
Appearance and examination of parties (O.9, O.18) - Discovery, inspection and production of
documents (O.11 & O.13) – First hearing and framing of issues (O.10 and O.14) – Admission
60
and affidavit (O.12 and O.19) - Adjournment (O.17) - Death, marriage-Insolvency of the parties
(O.22) - Withdrawal and compromise of suits (O.23) - Judgment and Decree (O.20);Execution
(Sec. 30 to 74, O.21): General principal of execution-Power of executing court- Transfer of
decrees for execution-Mode of execution- a) Arrest and detention, b) Attachment, c)Sale.
UNIT – IV
Suits in particular cases; Suits by or against Governments (Sec.79 to 82, O.27); Suits by aliens
and by or against foreign rulers, ambassadors (Sec. 85 to 87); Suits relating to public
matters(Sec. 91 to 93); Suits by or against firms (O.30); Suits by originations, minors and
unsound persons (O.32); Suits by indigent persons (O.33); Inter-pleader suits (Sec. 88, O.35);
Interim Orders; Commissions (Sec. 75, O.26); Arrest before judgment and attachments before
judgment (O.38); Temporary injunctions (O.39); Appointment of receivers (O.40); Appeals(Ss.
90 to 109, O.41, 42, 43, 45); Reference- Review and Revision (Ss. 113, 114, 115, O.46, O.46);
Caveat (Sec. 144.A)-Inherent powers of the court (Ss. 148, 149, 151).
UNIT –V
Limitation Act.
Prescribed Books:
Mulla - Civil Procedure Code.
Sanjiwa Rao - Civil Procedure Code.
Karnataka Civil Rules of Practice – Bare Act.
Reference Books:
P. M. Bakshi - Civil Procedure Code.
C. K. Takwani - Civil Procedure Code.
61
administrative procedures relating to IPR in India. The subject Intellectual Property Law divided
into two Papers namely Paper – I and Paper - II of 100 marks each.
Course contents:
UNIT I
Introductory Aspects: Overview of the concept of property; Industrial property and non-
industrial property; Historical background of IPR; Importance of human creativity in present
scenario; Different forms of IP and its conceptual analysis. Patents: Introduction and overview of
patent protection; History of Patent protections; What is patent and definition of patent; Object of
patent; Scope and salient features of patent; How to obtain patent; Product patent and Process
patent; Specification – Provisional and complete specification; Procedure for patent applications;
Register of patents and Patent Office; Rights and obligations of patentee; Transfer of Patent
Rights; Government use of inventions; Biotech patents and patentability of life forms;
Infringement of Patents; Offences and Penalties.
UNIT II
Trade Marks: Introduction and overview of trade mark; Evolution of trade mark law; Object of
trade mark; Features of good trade mark; Different forms of trade mark; Trade mark registry and
register of trademarks; Property in a trade mark; Registrable and non-registrable marks; Basic
principles of registration of trade mark; Deceptive similarity; Assignment and transmission;
Rectification of register; Infringement of trade mark; Passing off; Domain name protection and
registration; Offences and penalties.
UNIT III
Introduction and overview of Cyber Intellectual Property; Intellectual property and cyberspace;
Emergence of cybercrimes; Grant in software patent and Copyright in software; Software piracy;
Trademarks issues related to Internet (Domain name);Data protection in cyberspace; E-
commerce and E-contract; Salient features of Information Technology Act; IPR provisions in IT
Act; Internet policy of Government of India.
UNIT IV
Geographical Indications: Introduction and overview of geographical indications; Meaning and
scope of geographical indications; Important geographical indications of India and their features;
Salient features of the Protection of Geographical Indications Act; Protection of geographical
indications; Misleading use of geographical indications; Registration of geographical indications;
Right to use geographical indications; Infringement; Remedies against infringement; Role and
functions of Registrar of Geographical indication; Conflict between Trade mark and
geographical indications.
UNIT V
International Convention and Treaties: Paris Convention: Background; Salient features of Paris
Convention; Governing rules of Paris Convention; Patent Cooperation Treaty: Background;
Objectives of PCT; Salient features of PCT; Madrid Convention: Salient features; International
registration of marks; World Intellectual Property Organization: Background; Salient features
WIPO; Organization of WIPO.
62
Prescribed Books:
1. P. Narayanan – Intellectual Property Law.
2. Cornish William – Intellectual Property.
Reference Books:
1. Ganguli – Intellectual Property Rights: Unleashed theknowledge economy.
2. Copinger&Skine James – Copyright.
3. Pal P. – Intellectual Property Rights in India.
4. Unni – Trade Mark, Design and Cyber Property Rights.
5. Rodney Ryder – Intellectual Property and the Internet.
6. Rahul Matthan – The law relating to Computers and theInternet.
7. Elizabeth Verkey – Law of Plant Varieties Protection.
8. PavanDuggal – Cyber Law: the Indian Perspective.
9. D. P. Mittal - Law of Information Technology.
63
UNIT – V
Victimology - Indian experience; Legal framework; Role ofCourts; Role of NHRC.
Prescribed Books:
Edwin H. Sutherland- Criminology.
Ahmad Siddique- Criminology.
V.N.Rajan- Victimology in India.
Reference Books:
H.L.A. Hart- Punishment and Responsibility.
S. Chabra- Quantum of Punishment in Criminal Law.
Herbert L. Packer- the Limits of Criminal sanctions.
OPTIONAL – IV:
COURSE-III: INTERPRETATION OF STATUTES &PRINCIPLES OF LEGISLATION
Objectives:
Enacted laws, i.e. Acts and Rules are drafted by legal experts. Language used will leave little or
no room for interpretation or construction. But the experience of all those who have to bear and
share the task of application of the law has been different. Courts and lawyers are busy in
unfolding the meaning of ambiguous words and phrases and resolving inconsistencies. The
statute is to be construed according ‘to the intent of them that make it.’ To ascertain the true
meaning, intent of the maker, numerous rules of interpretation were formulated by courts and
jurists. The objective of this course is to make the student familiar with various rules of
interpretation.
Course contents:
UNIT-I
Basic Principles; Guiding rules; Internal aids to construction.
UNIT-II
External aids to construction.
UNIT-III
Subsidiary rules; Operation of statutes; Expiry and repeal of statutes.
UNIT-IV
Statutes affecting the state; Statutes affecting the jurisdiction of courts. Construction of taxing
statutes and evasion of statutes; Remedial and penal statutes.
64
UNIT-V
Principles of Legislation.
Prescribed Book:
G. P. Singh – Principles of Statutory Interpretation.
UpendraBaxi- Bentham’s theory of Legislation.
Reference Books:
Maxwell on the Interpretation of Statutes.
V. P. Sarathi – Interpretation of Statute – General Clauses Act1897.
Bindra- Interpretation of Statutes.
65
Prescribed books:
Adip,Talati&NaharS.Mahala- Competition Act, 2002: Law,Practice and Procedure.
Reference books:
COURSE – IV
CLINICAL COURSE – III: DRAFTING, PLEADING AND CONVEYANCING
Objectives:
Translation of thoughts into words- spoken and written is an essential ingredient of an effective
lawyer. The students should be trained in drafting of pleadings and conveyances and other
essential documents. The skill of drafting can be acquired and sharpened by undertaking the
exercises under the supervision of an expert in the field. The course aims at equipping the
students with drafting skills.
Course contents:
1. General principles of drafting and relevant substantive rules.
2. Pleadings- Civil: plaint, written statement, interlocutory application, original petition,
affidavit, execution petition, memorandum of appeal and revision, petition underArt.226 and
Art.32 of the Constitution of India.
3. Pleadings- Criminal: complaint, criminal miscellaneous petition, bail application,
memorandum of appeal and revision.
4. Conveyance: sale deed, mortgage deed, lease deed, gift deed, promissory note, power of
attorney, will, trust deed, partition deed, etc.
5. Drafting of writ petition and Public Interest Litigation petition. This course shall be taught
through class room instructions and simulation exercises preferably with the assistance of
practicing lawyers or retired judges.
Examination and allocation of marks:
1 Each Student shall undertake 15 practical exercises in drafting of Pleadings carrying 45 marks
(3 marks for each exercise).
2 Each student shall undertake 15 practical exercises in Conveyancing, which carries 45 marks
(3 marks each).
3 The above-mentioned drafting of Pleadings and Conveyancing exercises shall be in the
handwriting of the students on one side of the bond size papers. The papers shall be bound
accompanied by a certificate signed by the course teacher and the principal to the effect that it is
the bonafide work of the concerned candidate.
66
4 The cover shall indicate the name of the examination, subject, seat number, and the center code
number.
5 There shall be a contents page. At the end of the semester, the student shall appear for a viva-
voce, which shall carry 10 marks. Viva- to be conducted by the Principal and the course teacher.
X SEMESTER:
Prescribed Books:
1. Armin Rosencranz - Environmental Law and Its Policy inIndia.
2. P. Leelakrishnan - Environmental Law in India /Cases.
3. Lal’s commentaries on Water and Air Pollution laws alongwith Environment (Protection) Act
and Rules, 1986.
Reference Books:
1. Simon Ball Stuart Bell - Environmental Law.
2. Sanjay Upadhyay and VidehUpadhyay - Handbook onEnvironmental Laws.
3. S. Shantha Kumar- Introduction to Environmental Law.
4. Relevant Bare Acts/Notifications.
COURSE – II
OPTIONAL – V INTELLECTUAL PROPERTY RIGHTS – II / WHITE COLLAR CRIMES
68
growing subjects all over the globe because of its significance and importance in the present era.
Disseminate information on national and international IPR issues. The course is designed with a
view to create IPR consciousness; and familiarize the learners about the documentation and
administrative procedures relating to IPRin India. The subject Intellectual Property Law divided
into two Papers namely Paper– I and Paper - II of 100 marks each.
Course contents:
UNIT I
Indian Copyright Law: Introduction and overview of copyright: History of the concept of
copyright and related rights; Nature of copyright: Salient features of Copyright Act; Subject
matter of copyright; Literary work; Dramatic work; Musical works; Artistic works;
Cinematographic films; Sound recordings; Term of copyright; Computer software and copyright
protection; Author and ownership of copyright; Rights conferred by copyright; Assignment,
transmission and relinquishment of copyright; Infringement of copyright; Remedies against
infringement of copyright
UNIT II
Biological Diversity Law: Introduction and overview of Biological Diversity; Meaning and
scope of Biological Diversity; Biological resources and traditional knowledge; Salient features of
Biological Diversity Act; Biological Diversity concerns and issues; Bio piracy; Regulation of
access to Biological Diversity; National Biodiversity Authority; Functions and powers of
Biodiversity Authority; State Biodiversity Board; Biodiversity Management Committee and its
functions.
UNIT III
Protection of Plant Varieties and Farmers Rights Law: Legal concepts relating to the protection
of plant varieties rights; Legal concepts relating to the protection of plant breeders rights; IPR in
new plant varieties; Policy and objectives of protection of plant varieties and farmers rights act;
Plant varieties and Farmers rights protection authority; National register of plant varieties;
Procedure for registration; Rights and privileges; Benefit sharing; Compensation to communities;
Compulsory licence; Relief against infringement; National Gene Fund.
UNIT IV
Designs Law: Introduction and overview of Designs Law; Salient features of Designs Law;
Procedure for registration; Rights conferred by registration; Copyright in registered designs;
Infringement ; Powers and duties and Controller; Distinction between design, trade mark,
copyright & patent.
UNIT-V
Women and Employment: Factories Act- Provisions relating towomen; Maternity Benefit Act;
Equal Remuneration Act; Law Relating to Sexual Harassment at Working Place; N.C.W-Aims,
Functions and Performance.
Prescribed Books:
69
1. Indu Prakash Singh- Women, Law and Social Change in India.
2. Paras Dewan- Dowry and Protection to Married Women.
3. S.P.Sathe- Towards Gender Justice.
4. DwarkaNathMitter- Position of Women in Hindu Law.
5. Shaukat Nasir- Muslim Women and their Rights.
Reference material:
1. Relevant Provisions of Constitution of India.
2. Relevant Provisions of Indian Penal Code.
3. S.125, Criminal Procedure Code.
4. National Commission on Women Act, 1990.
5. Matrimonial Property- Private Members Bill Introduced in Parliament.
6. Towards Equality- Report of Committee on the Status of Women (Govt. of India) Chapter IV
and Section IV. General Conclusions and Recommendations.
70
UNIT – III
Police and politicians’ deviance; N. N. Vohra Committee Report; Lokpal and Lokayukta
institutions.
UNIT – IV
Professional deviance; Medical profession – The Lenin Commission Report; Legal profession
Options of Disciplinary Committee of Bar Council of India
UNIT – V
Gender based deviance – sexual harassment; Offences against scheduled castes and scheduled
tribes
Prescribed Books:
Edwin H. Sutherland, Criminology
Ahmed Siddique Criminology
Reference Books:
Upendra Baxi, the crisis of Indian Leagl System
Upendra Baxi Law and Poverty
Upendra Baxi Liberty and Corruption
A.R. Desai, Violation of Democratic Rights in India
71
UNIT – II
The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013 – Utilization, conservation; National Monitoring Committee;
Acquisition, Rehabilitation and Resettlement Authority: apportionment of compensation and
payment of compensation.
UNIT – III
The Karnataka Land Revenue Act, 1964 – Revenue Officers and their procedure, Revenue
Appellate Tribunal, Appeal and Revision, Land and Land revenue, Record of Rights, realization
of land revenue.
UNIT – IV
The Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain
Lands) Act, 1978 and Rules 1979
The Karnataka Land Reforms Act, 1961 – general provisions regarding tenancies, conferment of
ownership on tenants, ceiling on land holdings, restrictions on holding or transfer of agricultural
lands, co-operative farms, fragmentation and consolidation of holdings.
UNIT – V
The Real Estate (Regulation and Development ) Act 2016 – registration of real estate project and
registration of real estate agents, functions and duties of promoter, rights and duties of allottees,
the real estate regulatory authority, the real estate appellate tribunal, offences, penalties and
adjudication. The Karnataka Real Estate (Regulation and Development) Rules, 2017
Books Prescribed:
S. G. Biradar, Land Acquisition – A Paradigm Shift, KAS Officers’ Research and Training
Institute, Bangalore.
Relevant Statutes and Rules
72
Course contents:
UNIT I
Historical perspectives of International Trade, Institutions –UNCTAD, UNCITRAL, GATT
(1947-1994); World Trade Organization-Objectives, Structure, Power; Most Favored Nation
Treatment and National Treatment; Tariffs and Safe guard measures.
UNIT II
Technical Barriers to Trade; Sanitary and Phyto- sanitary measures; Trade Related Investment
Measures(TRIMs); Anti-Dumping, Subsidies and Countervailing Measures; Dispute Settlement
Process.
UNIT III
International Sales of Goods Formation and Performance of International Contracts, Various
Forms and Standardization of Terms; Acceptance and Rejection of Goods, Frustration of
Contract, Invoices and packing, Product liability.
UNIT IV
Exports – Insurance of Goods in Transit; Marine Insurance and kinds; Law on Carriage of goods
by sea, land and air, Container transport, Pre-Shipment Inspection; Licensing of Export and
Imports.
UNIT V
Laws Governing Finance and Investments; Foreign Collaboration and Investment Policy;
Foreign Direct Investment in Industries and Governing Policies; Foreign Institutional Investors
(FIIs): Investment by Non-resident Indians (NRIs) and Overseas Corporate Bodies (OCBs);
Foreign Collaboration Agreement- Foreign Technology Agreement; Foreign Companies and
Foreign Nationals in India.
Prescribed Books:
1. Indira Carr- Peter Stone - International TradeLaw.
2. Myneni S.R. - The World Trade Organization.
3. Clive M Schmithoff- Export Trade: The Lawand Practice of International Trade.
4. Rajiv Jain- Guide on Foreign Collaboration:Policies and Procedures.
5. C. Singhania- Foreign Collaborations and Investment in India: Law and Procedures.
6. JayantaBagachi – World Trade Organization: An Indian Perspective, Eastern Law House
Note: The course teacher should down load the latest materials from the net and impart the
information to the students.
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COURSE – IVCLINICAL COURSE – IV
MOOT COURT EXERCISE AND INTERNSHIP
Objectives:
This course is designed to hone advocacy skills in the students. Moot Courts are simulation
exercises geared up to endow students with facility in preparation of written submissions and
planning, organizing and marshalling arguments in the given time so as to convince the presiding
officer.The students should familiarize themselves with the various stages of trial in civil and
criminal cases. They should be exposed to real court experience. Further they should imbibe the
skills of client interviewing. This component may be planned to be part of the internship. Each
student enrolled in3 year course shall undergo an internship for minimum 12weeks (20 weeks for
5 year LL.B. course) during the entire course under NGO, trial and appellate advocates, legal
regulatory authorities, legislatures and parliament, other legal functionaries, market institutions,
law firms, companies, local self-government and other such bodies as the university may
stipulate. However, the internship shall not be for a period of more than four weeks continuously
in an academic year.
Course contents:
Moot Court (30 marks)
1.1 Each student shall participate in at least 3 moot courts. Each Moot court exercise shall carry
10 marks, which shall be divided as under:- for oral advocacy: 5 marks, and- Written
submission: 5 marks.
1.2 The student shall make written submission on behalf of the party for whom he makes oral
advocacy as assigned by the course teacher.
1.3 The written submissions for the three moot courts shall be neatly written on one side of the
bond size papers and bound together with a certificate signed by the course teacher and the
principal to the effect that it isthebona-fide work of the concerned student.
1.4 The cover shall indicate the name of the examination, subject, seat number and the center
code number.
Observation of Trial (30 marks)
1.1 Each student shall attend trial in two cases one civil anyone criminal in the course of last two
or three years.
1.2 The student shall maintain a record and enter the various steps observed during their
attendance on different days in the court.
1.3 The record shall be neatly written on one side of the bond size paper and bound. It will carry
a certificate by the course teacher and principal to the effect that it is the bona-fide work of the
concerned student.
1.4 The record shall be valued for 30 marks.
1.5 The cover page shall indicate the name of the examination, subject, seat number and the
center code number.
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Client Interviewing (30 marks):
1.1 Each student shall observe two session of client interviewing at the Lawyer’s Office/Legal
Aid Office and record the proceedings in a diary, which shall carry 15marks.
1.2 Each student shall further observe the preparation of documents and court papers by the
Advocate and the procedure for the filing of the suit/petition. This shall be recorded in a diary,
which shall carry 15 marks.
1.3 The Diaries shall be neatly written on one side of bond size papers and bound with a
certificate signed by the course teacher and the Principal to the effect that it isthebona-fide work
of the concerned student.
1.4 The cover page of the diary shall indicate the name of the examination, subject, seat number,
and the center code number.
Viva (10 marks):
At the end of the semester, the student shall appear for a vivavoce, which shall carry 10 marks.
Method of assessment: The submissions of Moot courts shall be valued by the course teacher.
The diaries relating to trial observation and client interviewing and pre-trial preparations shall be
valued by the professional under whose supervision the student has completed internship and the
course teacher if it is so planned. If internship is with an Authority wherein trial observation and
client interviewing is not possible, the student shall undertake these exercises separately and it
shall be evaluated by the course teacher. The viva shall be conducted by the Principal of the
college and the course teacher.
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