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SYLLABUS

The document outlines regulations for an integrated five-year BA, LL.B degree course, including eligibility requirements, course duration and structure, attendance policies, examination procedures, internal assessment guidelines, and classification of results.

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0% found this document useful (0 votes)
53 views94 pages

SYLLABUS

The document outlines regulations for an integrated five-year BA, LL.B degree course, including eligibility requirements, course duration and structure, attendance policies, examination procedures, internal assessment guidelines, and classification of results.

Uploaded by

Ritu Sam
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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1

REGULATIONS
RELATING TO
INTEGRATED
FIVE YEAR
B.A., LL.B DEGREE
COURSE

2020 Admission onwards

UNIVERSITY OF KERALA
2

REGULATIONS RELATING TO INTEGRATED FIVE


YEAR B.A., LL.B DEGREE COURSE
1. Title
The regulations shall be called the Regulations relating to Integrated Five
Year B.A., LL.B Degree Course
2. Commencement
These regulations shall come into force with effect from Academic Year 2020
- 2021.
3. Duration of the Course
(a) The course shall be of a double degree integrated course comprising BA
and LL.B Degrees. The Bachelor’s Degree in BA and Law shall consist of regular
course of study for a minimum period of 10 Semesters in Five Years and shall
consist of 14 papers in BA and 31 papers in Law.
(b) Each semester shall consist of 90 instructional days having 5 hours per day
for lectures, seminars, debates and test papers. There shall be not less than four
hours per subject per week and one/two hours for seminar/debates/test paper.
4. Eligibility for Admission
(a) No candidate shall be admitted to the course unless he has passed the
Higher Secondary Examination of the Government of Kerala or any other
examination recognized as equivalent thereto by this University with not less than
45% marks for general category, 42% for OBC and 40% marks for SC and ST.
5. Attendance and Progress
No candidate shall be permitted to register for the end semester examinations
conducted by the University unless the Principal has certified that he has obtained
not less than 75% of the attendance in each paper and his conduct and progress has
been satisfactory.
6. Examinations
(a) There shall be a University examination at the end of each semester. Each
written paper carrying 100 Marks is divided into 80 Marks for written examination
and 20 Marks for internal assessment.
(b) Paper IV in Seventh, Eighth, Ninth and Tenth semesters shall be evaluated
internally. Internal Viva shall be conducted by the board of not less than two
examiners constituted by the Principal from among Senior Teachers other than the
teachers in charge of the subject.
3

(c) Paper I in Seventh, Eighth and Ninth semesters, Paper I and II in the
Tenth Semester are optional papers. A minimum of 1/3 (one third ) of the total
number of the students of that semester shall choose either of the two papers.
(d) Internship – Each student shall have completed minimum of 20 weeks
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, Bank, Stock exchanges, Law Firms,
Companies, Local Self Government and other such bodies where law is practiced
either in action or in dispute resolution or in management.
Provided that 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. Internship shall be done
without affecting the regular classes.
Each student shall keep internship diary and the same shall be evaluated by
the Guide in Internship and also a Core Faculty member.
(e) External Viva-voce examination in the Tenth semester shall be conducted
by the Board of Examiners constituted by the University.
7. Internal Assessment
Marks for the internal assessment in each written paper shall be distributed as
follows.
(i) Attendance – 5 Marks (2.5 Marks for 75% of attendance and
additional 0.5 Marks for every 5% attendance above 75%)
(ii) Test Paper – 5 Marks
(iii) Assignment – 5 Marks
(iv) Seminar/Debate – 5 Marks
The marks for internal assessment shall be awarded by the Teacher in charge
of each paper, countersigned by the Principal and forwarded to the University
before the commencement of the written examination. A statement containing the
marks awarded to every student as internal assessment in each paper shall also be
published.
Guidelines for Internal Assessment –
(i) – Introduction –The objectives of introducing internal assessment
are: (i) to develop in the students the ability for critical analysis and
evaluation of legal problems; (ii) to develop communication skill,
both oral and written; (iii) to create an awareness of current socio-
legal problems; (iv) to ensure the involvement and participation of
students in academic programmes; and (v) to make evaluation of
4

students a continuous process. In order to achieve these objectives it


is imperative that internal assessment is made by teachers in a fair
and objective manner and in an atmosphere of total transparency and
confidence. The following guidelines are issued to secure fairness,
objectivity and transparency in internal assessment.
(ii) Attendance – (a) For each subject attendance shall be taken in the
class and recorded in a register maintained by the teacher. A
statement of attendance shall be prepared every month which shall
be available for inspection by the students. Complaints, if any, shall
be brought to the notice of the teacher and the Principal before the
seventh working day of the publication of the statement.
Students representing the College/University in Sports/Games,
Arts/Cultural events or Moot Courts, Client Counseling
competitions, Academic activities and Office bearers of the
College/University Union may, with the prior permission of the
Principal, take part in such competitions or activities and be given
attendance as directed by the Principal for such participation, subject
to a maximum of 10 days in a semester.
(iii) Test Paper – Two test papers shall be conducted for each subject in a
semester. The marks obtained by each student in the test paper shall
be announced by the teacher within ten days from the date of the test
paper and shall also be recorded in a register maintained by the
teacher.
(iv) Assignment – Every student shall write one assignment for each
paper, on a subject chosen in consultation with the teacher. The
assignment should reflect the ability of the student to identify and
use materials and his/her capacity for original thinking, critical
analysis and evaluation. Each student shall select the topic of
assignment before the 20th working day of the semester.
The assignment shall be submitted before a date prescribed by the
teacher. If the assignment submitted by a student is found to be
unsatisfactory by the teacher, the student shall be given an option to
revise the assignment or write an assignment on another subject
chosen in consultation with the teacher.
The marks obtained by each student and the criteria adopted for
evaluation of assignments shall be announced by the teacher within
5

10 days from the date of submission of the assignment. The marks


shall also be recorded in a register maintained by the teacher.
(v) Seminar/Debate – Every student shall participate in one seminar or
debate for each paper. A synopsis of not more than one page shall
be submitted by each participant to the teacher before the
seminar/debate. In the evaluation, 50% credit shall be given to the
content and 50% for presentation. The topic of the seminar/debate
shall be selected by the student in consultation with the teacher
before the 20th working day of the semester. The marks awarded for
the seminar/debate shall be announced by the teacher at the end of
the seminar/debate and shall also be recorded in a register
maintained by the teacher.
8. Pass minimum and classification
(a) A candidate who secures not less than 50% marks for each paper in a
semester shall be declared to have passed the examination in that semester.
(b) A candidate who obtains pass marks (50%) in one or more papers, but fails
in other papers in a semester is exempted from appearing in the papers in which
he/she has obtained pass marks.
(c) A candidate who fails in Paper IV of Seventh or Eighth or Ninth or Tenth
semester shall appear in that paper in the succeeding academic years without
obtaining re-admission within the permissible period of completion of the course as
mentioned in sub clause (h) of Regulation 8, and not thereafter. The candidate shall
compulsorily attend all the components of all practical papers.
(d) A candidate who fails to secure not less than 50% marks each in Internship
and External viva-voce of Tenth semester has to complete the internship and
External viva-voce in the next academic year without obtaining re-admission.
(e) There shall be no chance to improve either the internal assessment marks
or written examination marks.
(f) Classification is as shown below:-
Distinction – 80% and above
First Class - 60% and above, but below 80%
Second Class-50% and above, but below 60%
(g) Ranking shall be done on the basis of the marks obtained by the candidate
in the whole examination (Ten semesters) passed in the first chance. First class
shall also be awarded to candidates who passed the whole examinations with 60%
or above along with the immediate junior batch and not thereafter.
6

(h) A candidate admitted in this course shall complete the course and shall
pass all papers within a period of ten semesters plus four semesters from the date of
admission.
9. Publication of Results
The results of the Tenth semester examination shall be published only after
the candidate has passed the First, Second, Third, Fourth, Fifth, Sixth, Seventh,
Eighth and Ninth semester examinations.
10. Award of B.A.,LL.B Degree
A candidate who successfully completes all the Ten semesters shall be eligible
for the award of B.A.,LL.B Degree from the faculty of Law.
11. 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.
12. Applicability of Regulations
This regulations supersede the existing regulations relating to Integrated BA,
LL.B Five Year course provided however that students of Third, Fourth, Fifth,
Sixth, Seventh, Eighth, Ninth and Tenth semester Integrated BA, LL.B Five Year
course shall continue to be governed by the existing regulations till they complete
the course.
Scheme
Scheme of the Course
First Semester
Name of the Paper Duration Marks Marks Total
of Exam Internal Written
1 Listening, Speaking, Reading, 3 hrs 20 80 100
and Writing
2 Modern English Grammar and 3 hrs 20 80 100
Usage
3 Political Theory and Political 3 hrs 20 80 100
Thought
4 Legal Method, Legal Language 3 hrs 20 80 100
and Legal Writing
5 Law of Tort including MV 3 hrs 20 80 100
Accident and Consumer
Protection Laws
Total 500
7

Second Semester
Name of the Paper Duration Marks Marks Total
of Exam Internal Written
1 Poetry 3 hrs 20 80 100
2 Writings on contemporary 3 hrs 20 80 100
issues
3 Modern Economic Theory and 3 hrs 20 80 100
Law
4 Law of Crimes – Paper – I – 3 hrs 20 80 100
Penal Code
5 Law of Contract 3 hrs 20 80 100
Total 500

Third Semester
Name of the Paper Duration Marks Marks Total
of Exam Internal Written
1 Basics of communication and 3 hrs 20 80 100
study of language
2 Development, Environment and 3 hrs 20 80 100
Indian Economy
3 Comparative Politics 3 hrs 20 80 100
4 Jurisprudence 3 hrs 20 80 100
5 Special Contracts 3 hrs 20 80 100
Total 500

Fourth Semester
Name of the Paper Duration Marks Marks Total
of Exam Internal Written
1 Drama 3 hrs 20 80 100
2 Money, Banking, Public 3 hrs 20 80 100
Finance and International Trade
3 International Politics 3 hrs 20 80 100
4 Constitutional Law – I 3 hrs 20 80 100
5 Family Law – I 3 hrs 20 80 100
Total 500
8

Fifth Semester
Name of the Paper Duration Marks Marks Total
of Exam Internal Written
1 Life writing and Travel writing 3 hrs 20 80 100
2 Law of Crimes –Paper – II – 3 hrs 20 80 100
Criminal Procedure Code
3 Civil Procedure Code and 3 hrs 20 80 100
Limitation Act
4 Family Law – II 3 hrs 20 80 100
5 Constitutional Law –II 3 hrs 20 80 100
Total 500

Sixth Semester
Name of the Paper Duration Marks Marks Total
of Exam Internal Written
1 Prose and Fiction 3 hrs 20 80 100
2 Interpretation of Statutes and 3 hrs 20 80 100
Principles of Legislation
3 Administrative Law 3 hrs 20 80 100
4 Law of Evidence 3 hrs 20 80 100
Total 400

Seventh Semester
Name of the Paper Duration Marks Marks Total
of Exam Internal Written
1 Information Technology Law 3 hrs 20 80 100
Or
Competition Law
2 Property Law 3 hrs 20 80 100
3 Principles of Taxation Law 3 hrs 20 80 100
4 Drafting Pleading and 100 100
Conveyancing - (Practical paper – I)
Total 400
9

Eighth Semester
Name of the Paper Duration Marks Marks Total
of Exam Internal Written
1 Law of Banking and 3 hrs 20 80 100
Negotiable instruments.
Or
Land Laws including tenure
and tenancy systems
2 Labour and Industrial Law – I 3 hrs 20 80 100
3 Company Law 3 hrs 20 80 100
4 Professional Ethics and 100 100
Professional Accounting
System - (Practical paper – II)
Total 400

Ninth Semester
Name of the Paper Duration Marks Marks Total
of Exam Internal Written
1 Private International Law 3 hrs 20 80 100
Or
Human Rights Law and
Practice
2 Environmental Law 3 hrs 20 80 100
3 Labour and Industrial Law – II 3 hrs 20 80 100
4 Alternate Dispute Resolution 100 100
Systems - (Practical paper –III)
Total 400
10

Tenth Semester
Name of the Paper Duration Marks Marks Total
of Exam Internal Written
1 Trade in Intellectual Property 3 hrs 20 80 100
Or
Local self government
including Panchayat
Administration
2 Criminology and Penology 3 hrs 20 80 100
Or
Women and the Law
3 Public International Law 3 hrs 20 80 100
4 Moot court exercise, 100 100
Observance of Trial,
Interviewing techniques and
Pre-trial preparations - (Practical
paper – IV)
Internship 50 50
External Viva voce 50
Total 500
11

First Semester
Paper – I
LISTENING, SPEAKING, READING, AND WRITING
No of Instructional Hours: 5 per week
General Objectives
The general objective of the course is to make the students proficient communicators in English. It aims
to develop in the learners the ability to understand English in a wide range of contexts. The main thrust is on
understanding the nuances of listening, speaking, reading and writing English. The course is a step towards
preparing the learners to face situations with confidence and to seek employment in the modern globalized
world. As knowledge of English phonetics will help the students to listen and to speak English better, they
would be given rudimentary training in English phonetics. It also enhances the student’s general standard of
spoken English. The knowledge of the phonetic alphabets/symbols will help the students to refer to the
dictionary for correct pronunciation. The course also aims to familiarize students with different modes of
general and academic writing, to help them master writing techniques to meet academic and professional needs,
to improve their reference skills, take notes, refer to and document data and materials and to sharpen their
accuracy in writing.
COURSE OUTLINE
Module I – Listening
Introduction, definition of listening, listening vs. hearing, process of listening, problems students face in
listening, sub-skills of listening, what is good listening? Strategies of listening, barriers to listening, listening in
the workplace, activities that help you to become better listeners.
Module II – Speaking
English, the lingua franca, varieties of English; Indian English, Received Pronunciation, Why phonetics?
Organs of speech and speech mechanism; Classification of English sounds- vowels; consonants; IPA, RP
symbols, transcription, some rules of pronunciation, Indian English and deviations from RP, Speaking as a skill;
speaking on formal and informal occasions; how to perform a wide range of language functions such as
greeting, thanking, complaining, apologizing.
Module III – Reading
Introduction, The Reading Process, Reading and Meaning, Methods to Improve Reading, Strengthening Your
Vocabulary, Understanding Graphics and Visual Aids, Previewing, Reading in Thought Groups, Avoiding the
re-reading of the Same Phrases, Barriers to Reading, Skills for Speed Reading, Sub-skills of Reading,
Skimming, Scanning, Extensive Reading, Intensive Reading, Reading E-mail, E-books, Blogs and Web pages
Module IV – Writing
Writing models – essay –precise – expansion of ideas – dialogue – letter writing – personal letters formal letters
– CV – surveys – questionnaire – e-mail – fax – job application – report writing. Academic writing – evaluating
a text – note-making- paraphrasing – summary writing – planning a text – organizing paragraphs – introduction
– body – conclusion – rereading and rewriting – copy editing – accuracy.
Course Material
Modules 1- 3
Core Reading: English Language Skills for Communication Part I
Module 4
Core reading:Writing TodaybyOrient Blackswan
For further Reading
1. Marks Jonathan. English Pronunciation in Use. New Delhi: CUP, 2007.
2. Lynch, Tony. Study Listening. New Delhi. CUP, 2008.
3. Kenneth, Anderson, Tony Lynch, Joan Mac Lean. Study Speaking. New Delhi: CUP, 2008.
4. Robert, Barraas. Students Must Write. London: Routledge, 2006.
12

5. Bailey, Stephen. Academic Writing. Routledge, 2006.


6. Hamp-Lyons, Liz, Ben Heasley. Study Writing. 2nd Edition. CUP, 2008.
7. Ilona, Leki. Academic Writing. CUP, 1998.
8. McCarter, Sam, Norman Whitby. Writing Skills. Macmillan India, 2009.

Reference
1. Jones, Daniel. English Pronouncing Dictionary 17th edition. New Delhi: CUP, 2009.
2. Mayor, Michael, et al, Ed. Longman Dictionary of Contemporary English. 5th Edition. London: Pearson Longman
Ltd, 2009.

Paper – II
MODERN ENGLISH GRAMMAR AND USAGE
No of Instructional Hours: 5 per week
AIMS
1. To help students have a good understanding of modern English grammar.
2. To enable them produce grammatically and idiomatically correct language.
3. To help them improve their verbal communication skills.
4. To help them minimise mother tongue influence.

OBJECTIVES
On completion of the course, the students should be able to
1. have an appreciable understanding of English grammar.
2. produce grammatically and idiomatically correct spoken and written discourse.
3. spot language errors and correct them.

COURSE CONTENTS
Module 1:
 Modern English grammar – what and why and how of grammar – grammar of spoken and written language
 Sentence as a self-contained unit – various types of sentence – simple – compound – complex – declarative –
interrogative – imperative – exclamation.
 Basic sentence patterns in English – constituents of sentences – subject – verb – object – complement –
adverbials.
 Clauses – main and subordinate clauses – noun clauses – relative clauses – adverbial clauses – finite and non-
finite clauses – analysis and conversion of sentences – Active to Passive and vice versa – Direct to Indirect and
vice versa – Degrees of Comparison, one form to the other.
 Phrases – various types of phrases – noun, verb, adjectival and prepositional phrases.
 Words – parts of speech – nouns – pronouns – adjectives verbs – adverbs – prepositions – conjunctions –
determinatives.

Module 2:
 Nouns – different types – countable and uncountable – collective – mass – case – number – gender.
 Pronoun – different types – personal, reflexive – infinite-emphatic – reciprocal. Adjectives – predicative –
attributive – pre- and post-modification of nouns.
 Verbs – tense-aspect – voice –mood – Concord – types of verbs – transitive – intransitive-finite – non- finite.
 Helping verbs and modal auxiliaries – function and use.
13

Module 3:
 Adverbs – different types – various functions – modifying and connective.
 Prepositions – different types – syntactic occurrences – prepositional phrases – adverbial function.
 Conjunctions – subordinating and coordinating Determinatives articles – possessives – quantifiers

Module 4:
 Legal terms

COURSE MATERIAL
Modules 1-3
Core Reading: Concise English Grammar by Prof. V. K. Moothathu. OUP, 2012.
Further Reading:
1. Leech, Geoffrey et al. English Grammar for Today: A New Introduction. 2nd Edition. Palgrave, 2008.
2. Carter, Ronald and Michael McCarthy. Cambridge Grammar of English. CUP, 2006.
3. Greenbaum, Sidney. Oxford English Grammar. Indian Edition. Oxford University Press, 2005.
4. Sinclair, John ed. Collins Cobuild English Grammar. Harper Collins publishers, 2000.
5. Driscoll, Liz. Common Mistakes at Intermediate and How to Avoid Them.CUP, 2008.
6. Tayfoor, Susanne. Common Mistakes at Upper-intermediate and How to Avoid Them. CUP, 2008.
7. Powell, Debra. Common Mistakes at Advanced and How to Avoid Them. CUP, 2008.
8. Burt, Angela. Quick Solutions to Common Errors in English. Macmillan India Limited, 2008.
9. Turton. ABC of Common Grammatical Errors. Macmillan India Limited, 2008.
10. Leech, Geoffrey, Jan Svartvik. A Communicative Grammar of English. Third Edition. New Delhi: Pearson
Education, 2009.

Module 4:
1. Oxford Dictionary of Law. OUP, 2015.

Direction to Teachers: The items in the modules should be taught at application level with only necessary
details of concepts. The emphasis should be on how grammar works rather than on what it is. The aim is the
correct usage based on Standard English and not conceptual excellence.

Paper – III

POLITICAL THEORY AND POLITICAL THOUGHT

I (a) Approaches to the study of politics: Traditional, Behavioural, Post


Behavioural.
(b) Inter-disciplinary approaches in Politics: Political Sociology, Political
Economy, Geo-Politics.
II (a) State : Elements of State –
Origin of State (Evolutionary theory), Sovereignty,
Monism and Pluralism.
(b) Concepts : Liberty – Equality – justice
14

(c)
Classical Political Thinkers:
Plato : Theory of Justice – Education – Communism –
Philosopher King – Ideal State.
Aristotle : Theory of State, Classification of Constitutions,
slavery, revolutions.
III a) Modern Thinkers
Thomas Hobbes : Social contract theory
John Locke : Social contract theory: Limited
Government
Rousseau : Social contract theory General Will
b) Idealist Thinkers
Hegel : State, Dialectics
Bentham : Utilitarianism
Mill : Liberty, Individualism, Representative Government.
IV a) Marxian Thought
Marxism : Basic principles
Lenin : Idea of Party, Theory of Imperialism.
b) Modern Indian Political Thought
Gandhian thought:
Moral Ideas, Ahimsa/Non-violence, Gramaswaraj, Sathyagraha
B.R.Ambedkar : Social and political ideas,
Crusade against Castism.
Reading Lists
1. Amal Rey and Mohit Bhattacharya :Political theory: Institutions and Ideas
(The World Press, Private Limited,
Calcutta, 1988)
2. N.P. Barry : An Introduction to Modern Political
Theory
3. C.B. Macpherson : Life and Times of Liberal Democracy
4. C.B. Macpherson :Democratic Theory:
Essays in Retrieva ( Oxford, 1973)
5. D.D. Raphel :Problems of Political Philosophy
6. S.P. Varma :Modern Political Theory
( Vikas , New Delhi, 1976)
7. W. Ebenstein : Great Political Thinkers
8. A. Giddens : Capitalism and Modern
Social Theory
9. C.B.Macpherson :The Political Theory of Possessive
individualism(Oxford,Clarendon, 1965)
10. L.Straluss and J.Cropsey, eds : A History of Political Philosophy
11. S.Wolln : Politics and Vision (Boston, 1960)
15

12. V.R.Mehta : Ideology, Modernization and Politics


in India
13. Alan Swingewood :Marx and Modern Social Theory
(London, Macmillan, 1975)
14. T.Pantham and K.L.Deutsch, eds : Political Thought in Modern India.
15. Bhikhu Parekh : Gandhi’s Political Philosophy
16. Randhir Singh :Rationalism,Romanticism and
Political Theory, PPH,
New Delhi, 1967
17. N.Winthrop :Liberal Democratic Theory and its
Critics
18. A.D.Smith : Theories and Nationalism
19. W.T.Bluhm :Theories of the Political System
(London, 1971)
20. I.Berlin : Four Essays on Liberty
21. M.J.Sandel : Liberalism and Its Critics
22. L.Kolakowski : Main current of Marxism (3 Vols.)
Oxford, Clarendon, 1978
23. D.McLellan :Marxism after Marx
(Macmillan, London, 1979)
24. O.P. Gauba : An Introduction to Political Theory
(3rd Edition)(McMillan India Limited
New Delhi, 1995)
25. Subrata Mukherjee and
Sushila Ramaswamy : A History of Political Thought,
Plato to Marx). (Prentice Hall of
India, New Delhi 1999)
26. Andrew Hacker : Political Theory: Philosophy,
Ideology Science
(Macmillan Company,
New York, 1969)
27. Bertrand Russell :History of Western Philosophy
(London, 1955)
28. Dante Germino :Modern Western Political Thought:
Machiaelli to Marx: (Chicago, 1972)
29. Carew Hunt :The Theory and Practice of
Communism
30. M.Judd Harmen : Political Thought: From Plato to the
Present (McGraw-Hill Book
Company, New York, 1964)
31. L.Colletti : Rousseau to Lenin (New York,
Monthly Review Press, 1972)
32. John Plamenatz :Man and Society
(London, Longmans, 1965)
16

Paper – IV

LEGAL METHOD, LEGAL LANGUAGE AND LEGAL WRITING


Outcome :- This paper mainly focuses on orientation of students to legal studies
form the view point of basic concepts of law and legal system.

(1) Meaning and Definition of Law and its relevance in the society – legal
Institutions including courts, tribunals and other adjudicatory bodies-
hierarchy of Courts and nature of dispute decided by different courts and
tribunals in India.
(2) Primary sources of legal materials – Constitutions, Legislation, Delegated
Legislation, Custom, Precedent – Structure and Content of Statutes, Rules
and Regulations, Orders, Notifications etc. Secondary sources of legal
materials – Text books, Digest, Encyclopedia, Commentaries, Law Journal, Law
Commission Reports, Law Reports, Research and Other reference materials,
Constituent Assembly Debates and Legislative Assembly Debates.
(3) Pleadings in civil cases – Plaint, Written Statement, Affidavit, Interlocutory
Applications – Judgment, Decree and Order – Pleadings in Criminal case -
Bail Applications – Private complaint, Criminal Miscellaneous Applications
– Appeal, Review and Revision in Civil and Criminal Cases – Different
types of legal documents viz. Agreement, Sale Deed, Gift Deed, Lease
Deed, Mortgage Deed, Exchange deed, Bill of Exchange, Promissory
Note, Partnership Deed, Power of Attorney (students need not be asked to do
actual drafting) – Memorandum and Articles of Association, Bye Laws etc.
(4) Using law library-students should be trained in using law library –
understanding citations footnotes and legal abbreviations – language of law
and legal writing – preparation of head notes, abstract, synopsis using of legal
terms and expressions in sentences, writing of case comments and articles on
legal issues. Legal Writing - Drafting representation and petition – Writing
articles on current topics relating to law.
(5) Legal Maxims (Latin Maxims)
17

1. Actio personalis moritur cum persona (A personal action dies with the
person)
2. Actus non facit reum, nisi mens sit rea (The act itself does not constitute
guilt unless done with a guilty mind)
3. Audi alteram partem (Hear the other side) – No man shall be condemned
unheard.
4. De minimis non curat lex (Law does not deal with trifles).
5. Ex nudo pacto non oritur actio (No cause of action arises from a bare
promise).
6. ex turpi causa non oritur actio (An action does not arise from a base
cause).
7. Falsus in uno falsus in omnibus (False in one particular is false in general).
8. Fiat justitia ruat coelum (Justice shall be done even if the heavens fall
down).
9. Generalia specialibus non derogant (General things do not derogate from
special things)
10. Ignorantia juris non excusat (Ignorance of law is not an excuse)
11. Lex injustita non est lex (An unjust law is not a law)
12. Nemo dat quod non habet (No one can convey a better title than what he
himself has)
13. Nemo debet bis vexari pro una et eadem causa (No one shall be
vexed twice for the same cause)
14. Nemo debet esse judex in propria sua causa (No man can be a judge in
his own cause)
15. Novus actus interveniens ( A new intervening act)
18

16. Qui facit per alium facit per se (He who does an act through another
does it himself)
17. Res ipsa loquitur (The things speaks for itself)
18. Respondeat superior (Let the Principal be held responsible)
19. Ubi jus ibi remedium (Where there is a right, there is a remedy) – There is
no wrong without a remedy.
20. Volenti non fit injuria (He who consents suffers no injury)
21. Nulla poena sine lege (No punishment without legal authority).

Books for Reference and Study

(1) Glanville Williams, Learning the Law


(2) Arthur.T.Vonderbilt, studying Law, New York University Press, Washington
(3) H.C.Jain, “Using Law Library” (1904) 24 JILI 575
(4) R.S.Atiyah, Law and Modern Society, Oxford University Press
(5) James.A.Holland and Juline.S.Webb, Learning Legal Rules- Universal Book
Traders, Chapter 426
(6) Glanville Williams, Language and Law (1961) L.Q.R 71, 179, 293, 384
(7) Ervin.H.Pollock – Fundamental of Legal Research, Foundation Press, INC.
Newyork
(8) Atul.M.Setalvad – Introduction to Law
(9) Dr. N.K.Jayakumar – Lectures in Jurisprudence.

Paper –V

LAW OF TORT INCLUDING MOTOR VEHICLES ACCIDENT AND


CONSUMER PROTECTION LAWS
19

Outcome:- This paper familiarizes the students the tortious liability, general
principles of specific torts. To get an awareness of Motor Vehicles Act and
Consumer Protection Act.
1. Definition – Distinction between tort and crime – Tort and contract –
foundations of tortious liability – Essential conditions of liability in tort –
damnum sine injuria – injuria sine damnum – Principles of insurance in
tort – defences – capacity of parties.
2. Master and Servant – vicarious liability –distinction between servant and
independent contractor – course of employment – common employment –
servant with two masters – liability of the state - Joint tortfeasors –
Remedies – judicial and extra judicial remedies – kinds of damages –
Remoteness of damages – Novus actus interveniens – Foreign torts – Effect
of death of parties in tort – Strict liability – Rule in Rylands v. Fletcher –
Absolute liability.
3. Assault – Battery – False imprisonment – Nervous shock – Defamation –
slander – libel – Innuendo – Defences – Justification – fair comment –
privileges – Tresspass to land – trespass to goods – Deceit – Rule in Derry
v. Peak – Negligence – Res ipsa loquitor – contributory negligence – The
last opportunity rule – Nuisance
4. Liability under Motor Vehicles Act 1988 – Compensation in Motor Vehicle
Accidents – nature and extent of insurer’s liability – Motor Accidents
Claims Tribunal – award of compensation.
5. Concept of consumer protection – Consumer protection under the
Consumer Protection Act, 2019 – Definitions – consumer – e-commerce –
electronic service provider – goods – services - Defect – Deficiency -
Unfair Trade Practice – Restrictive Trade Practices – Commercial service –
Commercial purpose -Liability of Doctors and Hospitals and Other
Professionals, Engineers, Lawyers etc – Consumer Protection Councils –
Central Consumer Protection Authority - – Consumer Disputes Redressal
Commissions – composition and jurisdiction – Mediation – Product
Liability – Offences and Penalties .
Prescribed Readings: (With amendments)
1. Salmond, Law of Torts
2. Winfield, Law of Torts
3. Prof.P.S.Achuthan Pillai, Law of Torts
4. Gurjeet Singh, The Law of Consumer Protection in India (New Delhi, Deep
and Deep Publications 1996)
20

5. Avtar Singh, The Law of Consumer Protection (2nd Ed. )


6. Halsbury’s Laws of England (IV Ed. Reissue Vol.45 pp 555-725)
7. R.K. Bangia, A Handbook of Consumer Protection Laws and Procedure
8. P.K. Sarkar, The Motor Vehicles Act, 1988
9. R.K. Bangia, Law of Torts

Second Semester
Paper – I

POETRY
No of Instructional Hours: 5 per week
AIMS
1. To sensitize students to the language, forms and types of poetry.
2. To make them aware of the diverse poetic devices and strategies.
3. To help them read, analyse and appreciate poetry.
4. To enhance the level of literary and aesthetic experience and to help them respond creatively.

OBJECTIVES
On completion of the course, the students should be able to
1. identify the various forms and types of poetry
2. explain the diverse poetic devices and strategies employed by poets.
3. read, analyse and appreciate poetry critically.
4. respond critically and creatively to the world around.

COURSE OUTLINE
Module 1:
 Subjective and Objective Poetry
 Types of Poetry: Lyric, Ode, Sonnet, Elegy, Ballad, Epic, Mock Epic, Dramatic Monologue, Haiku.
 Poetic devices: alliteration, assonance, simile, metaphor, image, symbol, rhythm, rhyme.

Module 2:
 Representative poetry from British literature.

Module 3:
 Representative poetry from American, Irish, German, Russian, Australian and Indian literatures.

Module 4:
 Comprehensive questions on an unseen poem from core reading text.

COURSE MATERIAL
Module 1:
Core reading: Chapter 1 from A Concise Companion to Literary Forms. Emerald, 2013. Reference
1. Abrams, M.H. A Glossary of Literary Terms (Rev. ed.)
21

Reading List
1. Wainwright, Jeffrey. The Basics: Poetry. Indian Reprint. Routledge, 2009.
2. Hudson, W.H.: An Introduction to the Study of English Literature (Chapter 3, The Study of Poetry)

Modules 2:
1. William Shakespeare – Sonnet 18 (Shall I compare Thee to a Summer’s Day)
2. John Donne – A Valediction Forbidding Mourning
3. Thomas Gray – Elegy Written in a Country Churchyard
4. Samuel Taylor Coleridge – Kubla Khan
5. Robert Browning – Porphyria’s Lover
6. Siegfried Sassoon – A Subaltern

Core reading:Aeolian Harp: An Anthology of Poetry in English. Scientific International Pvt. Ltd, 2013.
Module 3:
1. Robert Frost - The Road Not Taken
2. Bertolt Brecht – General, Your Tank
3. Louis Macneice – Prayer Before Birth
4. Peter Porter – A Consumer’s Report
5. Kamala Das - An Introduction

Core reading:Aeolian Harp: An Anthology of Poetry in English. Scientific International Pvt. Ltd, 2013.
Module 4:
Core reading:Aeolian Harp: An Anthology of Poetry in English. Scientific International Pvt. Ltd, 2013.
Reference:
1. A Concise Companion to Literary Forms. Emerald, 2013.
2. Seturaman, V.S, Ed. Practical Criticism. Chennai: Macmillan, 2007.

Paper – II
WRITINGS ON CONTEMPORARY ISSUES
No of Instructional Hours: 5 per week
AIMS
1. To sensitize students to the major issues in the society and the world.
2. To encourage them to read literary pieces critically.

OBJECTIVES
On completion of the course, the students should be able to
1. have an overall understanding of some of the major issues in the contemporary world.
2. respond empathetically to the issues of the society.
3. read literary texts critically.

COURSE OUTLINE
Human Rights
 Grim Realities, hopeful Hues -V.R Krishna Iyer
 Poverty is the Greatest Threat - N.R Madhava Menon
 The Little Black Boy -William Blake

Globalization
22

 Going Local; the Economics of Happiness - Helene Norberg-Hodge


 Towards sustainable and Beneficial co-existence -Christabel P.J
 Freedom -Balachandran Chullikkad

Gender
 Violence Against women - Gail Omvedt
 The Goddess of Revenge - Lalithambika Antharjanam
 Nani - Kamala Das

Intoxicants/Drug Abuse
 The Bane of Alcoholism -Dr. Adithi. N
 The Substance Use Disorders in Children and Adolescents- Dr. Ajeesh.P.K
 The Alcoholic at the Dawn - Jeet Thayil

COURSE MATERIAL
Core Text: Perspectives on Contemporary Issues. Emerald. Chennai.

Paper – III

MODERN ECONOMIC THEORY AND LAW

I (a) Introduction- Nature and scope of Economics – Positive and Normative


Economics – Nature of Wants and its classification- Structure of the Economy –
House holds, Business Firms, Government, Markets – Definitions of Economics
(b) Inter-relation between Economics and Law – Approach of Law and
Economics in Social-welfare.
II (a) Concept of Utility – Cardinal and Ordinal approaches to utility –
Meaning of Indifference curve approach and Revealed Preference theories and
consumer equilibrium - Law of Demand and Elasticity of Demand - Demand
Forecasting – concept of consumer’s surplus.
(b) Theory of supply and production – Functional, relationship between,
total average and marginal cost – Total, average and marginal revenues. Breakeven
– analysis – The concept of opportunity cost
III Welfare Economics and market and Market structures.
(a) Pricing under different Market conditions – Perfect competition,
Monopoly, Monopolistic competition and Oligopoly
(b) Pareto criterion, New welfare economics and Modern approach to welfare.
IV (a) National income study – Micro & Macro Economics - Circular flow
analysis.
National income concepts, Estimation of National Income – Methods, Difficulties
and importance of National income estimates.
23

(b) Classical and Keynesian theories of Employment and output. – Keynesian


theory of consumption function
Reading Lists:
1. Kout Soyiannis.A (1990) :Modern Microeconomics,Macmillan
2. Stonier.A.W.And D.C.Hague (1972) : A Textbook of Economic
Theory, LBS, London
3. Rayan W.J.L (1962) : Price Theory, Macmillan
4. Henderson.J And R.E.quandt(1989) : Micro Economic Theory –
A Mathematical Approach Tata
Mc Grow Hill
5. Dorfman.R. : Prices and Markets
6. Pindyck : Micro Economics, Pearson
7. Dwivedi : Micro Economics; Theory and
Application, Pearson
8. Gravelle : Micro Economics, Pearson
9. Salvator : Micro Economics Theory
10. Ackley.G (1976) : Macroeconomics-Theory and Policy,
Macmillan Publ.Coy
11. Stone AND Stone (1977) : National Income and Expenditure-
Bowes and Bowes
12. Shapiro, Edward (1996) : Macroeconomic Analysis-
Galgotia Publication, New Delhi
13. Thirwall : Economic Development
14. S.B.Gupta (1994) : Monetary Economics,
Chand and Company, New Delhi.
15.Dornbusch.R, Fischer,S.And Startz-R : Macro economics (2000) Publisher
Tata Mc Graw Hill, New Delhi
16. Hejidra B.J. And F.V.Ploeg (2001) : Foundation of Modern Macro
Economics Oxford University Press
17. Levacic : Macro economics, ELBS, London
18. Froyen : MacroEconomics, Theories and
Policies, Pearson
19. Abel : Macro Economics, Pearson
20. Salvatro : Macro Economic Theory

Paper – IV
LAW OF CRIMES – PAPER – I – PENAL CODE
Outcome:- This paper enables the students to have a general evaluation and
analysis of offences and punishments.
1. Concept and Nature of Crime – definitions – General principles of Criminal
Liability – Constituent Elements of Crime – Intention – Dishonestly –
24

Fradulently – Maliciously etc. – Exceptions to Mens rea in Statutory Offences


– General Defences and Exceptions.
2. Inchoate Offences – Attempt – Distinction between preparation and attempt –
group liability – common object – aiding and abetting – unlawful assembly –
rioting – Principal and Accessories.
Joint and Constructive Liability – Accessories after – Jurisdiction – personal –
Territorial – extra-territorial – Extradition as an exception to Jurisdiction –
Punishment.
3. Offences affecting the State – Armed Forces – Public Peace – Public
Administration – Offences by Public Servants and by Others – Administration
of Justice – Elections – Public Economy – Public Nuisance – Offences against
Religion.
4. Offences against Human Body – Causing Death – Culpable Homicide –
Murder – Culpable Homicide not amounting to murder – Rash and negligent
act causing death – Dowry death – Attempts – Suicide – Abetment – Hurt –
Grievous hurt – Criminal force and Assault – Offences affecting liberty –
Kidnapping – abduction – Sexual Offences – Rape – Custodial Rape –
Unnatural offences.
5. Offences against property – Theft – Extortion – Robbery – Dacoity – Criminal
misappropriation – Criminal breach of trust – cheating – forgery – fraudulent
deeds – mischief – trespass – house breaking – arson – Offences against
public safety and health – disturbances of public order – offences against
environment. Offences by or relating to public servants – Offences relating
to marriage – mock marriages – adultery – bigamy – offences relating dowry
– Offences relating to reputation – defamation – libel and slander.
Prescribed Readings: (With amendments)
1. Outlines of Criminal Law, Kenny
2. Indian Penal Code, Ratanlal
3. Criminal Law Text and Materials 1990, Clarkaon and Keaty
4. Penal Law of India, Dr.Sir Hari Singh Gour
5. Some Aspects of Criminal Law, K.K.Dutta
6. A Text Book on the Indian Penal Code, K.D.Gaur
7. Law of Crimes, D.A.Desai
8. Criminal Law Cases and Materials, Ratanlal & Dhiraj Lal
9. Criminal Law, B.M.Gandhi
10. Criminal Law, P.S.Achuthan Pillai
11. Principles of Criminal Law, Andrew Ashwarth 1995
25

12. Text Book of Criminal Law, Glanwille Williams


13. Law of England, Halsbury, Vol II pp,16-536
14. Criminal Law: Cases and Materials – K.D.Gaur.

Paper – V

LAW OF CONTRACT

Outcome :- This paper familiarizes the students with principles of law relating to
contract, formation of contracts and remedies in case of its breach.
1. General features of Contracts – classification – Historical Developments -
Formation of contracts with special reference to the different aspects of offer
and acceptance – Consideration – Privity of contracts – Charitable
subscriptions - Consideration and discharge of contracts – Doctrine of accord
and satisfaction.
2. Capacity of parties – Minority – Indian and English Law – Mental
incapacity - Drunkenness – Other incapacities like political status and
corporate personality. Factors invalidating contracts like, mistake, coercion,
undue influence, fraud, misrepresentation and unlawful object, immoral
agreements and those opposed to public policy - Consequences of illegality.
3. Void agreements and voidable contracts – Legal proceedings and uncertain
agreements – Wagering agreements – contingent contracts. Performance of
contracts – privity of contracts and its limitations – Assignment of liabilities
and benefits – Time and place of performance – Reciprocal promises –
Appropriation of payments – Contracts which need not be performed.
4. Breach and impossibility – Meaning of Breach – Anticipatory breach –
strict performance – Impossibility of performance and doctrine of frustration –
Effect of frustration – discharge of contract by operation of law - Damages –
Nature and meaning of Rule in Hadley’s case - penalty and liquidated
damages.
5. Quasi - contracts – Nature and basis of Quasi - contracts - Quantum meruit.
Specific Relief – General Principles – Parties in relation to specific
performance – Specific performance of part – Rescission, rectification and
cancellation – Preventive relief by way of injunction.
Prescribed Readings: (With amendments)
1. Guest A.G. Anson’s Law of Contract, (Clarendon Press, Oxford).
2. Pollock and Mulla. Indian Contract Act.
26

3. M.Krishnana Nair. The Law of Contracts. (Orient Longman, Ltd)


4. Subba Rao, Law of Contracts
5. Dr. Avtar Singh. Law of Contracts
6. V.D. Kulshreshta. Indian Contract Act.
7. Halsbury’s Law of England ( IV Edn. Reissue) Vol. 31 p. 611-690,
Vol.32p.l-45
8. Leake M.S. Principles of the Law of Contract
9. Pollock and Mulla – Indian Contract Act and Specific Relief Act

Third Semester
Paper – I

BASICS OF COMMUNICATION AND STUDY OF LANGUAGE


No of Instructional Hours: 5 per week
AIMS
1. To provide the students with an ability to build and enrich their communication skills
2. To make them familiar with different types of communication and to understand the barriers to effective
communication
3. To engage students in meaning full communication through effective tasks
4. To familiarise students with the origin, development and evolution of language and to help students to have a
good theoretical understanding of various aspects of human language and to enable students to understand
language as a tool for discourse and as a cultural medium.

OBJECTIVES
On completion of the course, the students should be able to
1. identify the basic principles of communication and to analyse various types of communication
2. to look at language analytically from pedagogical, linguistic and literary perspectives
3. to identify the discourse and cultural significance of language.
4. to identify the prominent methods and models of communication

COURSE OUTLINE
Module 1:
 Communication-Definition-Meaning-Elements-Basics of communication-the seven C’s of communication-
Completeness, Conciseness, Consideration, Concreteness, Clarity, Courtesy and Correctness
 Barriers to communication-sender-centric; receiver centric and organizational-socio-cultural- information
overload- overcoming communication barriers.

Module 2:
 Characteristics of human language- various theories about the origin of language- Diachronic and synchronic
study of language, the rise of standard English-Contribution of major writers to the English Language- Chaucer,
Spencer, Shakespeare, Milton- the impact of the Bible translations on the English Language.

Module 3:
27

 Word formation and growth of vocabulary; Semantics-changes of meaning-widening, restriction, amelioration,


divergence of meaning.

Module 4:
 The evolution of English as a global Language. Some present day trends in the English language-slang-jargon-
register, varieties of dialects-various ‘Englishes’.

COURSE MATERIAL
Module 1:
1. Frisk. J. Introduction to communicative Studies, 1990. London. Routledge.
2. Aggrval, Shalini. Essential communication Skills. 2009. New Delhi: Anne Books.
3. Marsen, Sky. Communication Studies. 2009. New York, Palgrave.
4. Knapp. M. Essentials of Non-Verbal Communication Theory. Rea. 1995. Orlando.

Module 2-4:
1. Lyons, John. Language and Linguistics: An Introduction. CUP, 1981.
2. Radhakumari, K. A Concise History of English Literature and Language. Primus Books. 2013.
3. F.T.Wood. An Outline History of English Language. Trinity.
4. Yule, George. The Study of Language. CUP, 2006. Hudson. R.A. Sociolinguistics.

Paper – II

DEVELOPMENT, ENVIRONMENT AND INDIAN ECONOMY

I (a) Economic growth and Development – Meaning of Economic growth and


development, Factors affecting growth and development, Measurement of
Economic Growth in terms of per capita income. Features of less developed
economy.
(b) Theories of development. (Only, fundamentals of growth models of
Harrod-Domar, Solow, Joan Robinson,), Balanced and Unbalanced theories of
growth, Vicious circle of under development.
II (a) Indian Economy under the colonial rule, Manpower resources in India and
Kerala. Population policy .
(b) Environment and development– Environment as a public good, Concept of
commons and property rights, Environment policy of India.
III (a) Planning and Economic policies, objectives and strategies of planning of
pre and post globalization periods, Objectives and achievements of five year plans
(current five year plan) – NITI Aayog ( Nationl Institution for Transforming India).
(b) Agriculture and Industry – Trends in Agricultural production, Factors
determinining agricultural production , Land Reforms in India , Trends of
agricultural performance during post – reform period.
28

(c) Industrial policy during pre – reform and post- reform periods – structural
changes in Industrial sector in the post reform period
IV a) Development Issues – Poverty and unemployment in India , Trends of
inequality in income distribution.
(b) Financial and External sector – Reserve Bank of India and its present
position , Role of Multinational corporations and Foreign investment , India and
WTO . Current International Trade and Balance payments, positions and policies.
Reading List:
1.V.M.Dandekar (1994) : Indian Economy 1947-79 Vol. I&II,
Safe publication, New Delhi
2. Uma Kapila(ed)1982 :The Cambridge Economic History of India,
Vol.II1757-1990,OrientLongman,
Hyderabad
3. Misra J.K.And V.K.Puri (2001) :Indian Economy- Its Development
Experience, Himalaya Publishing House,
Mumbai
4.Center for Development Studies,1977:Poverty Unemployment and Development
policy; A case study of selected issue with
reference to Kerala, Orient Longman
Bombay
5.Thirwall (1999) :Growth and Development
6.Adelman.I (1961) :Theories of Economic Growth and
Development Stauford
7.B.Higgins (1969) :Economic Development
8.Meir.G.M (1995) :Leading issue in Economic Development
9.Ghatak.S (1986) :An Introduction Development Economics.
Allen & Unwin
10.Chakravarthy.S (1987) : Development Planning, Oxford
11.Kolstad C.D. : Environmental Economics
Additional Reading List
12.TietenberG :Environmental and Natural resource
Economics
13.Todaro.M : Economic Development
14.B.A.Prakash (2004) : Kerala’s Economic Development:
performance and problems in the post
liberalization period, safe publication
New Delhi

15.M.A.Oommen 1993 : Essays on Kerala’s Economy,


Oxford and IBH
16.P.R.Brahmananda and
V.R. Panchamukhi (ed) 1987 : The Development Process of Indian
Economy, Himalaya Publishing House,
Bombay
17.Bimal jalal(ed) 1992 :The Indian Economy Problems and
prospects, Penguin
29

18.Kirit S. Rarikh and


R.Radhakrishna (ed) 2005 :Indian Development Report 2004-05,
Oxford University Press, New Delhi
19.Chakravarthy.S : Development Planning
20.Ahlawalia.I.J and
Imd Little(ed)1999 :Indian Economic Reforms and
development, Oxford University Press
New Delhi
21.Government of India : Economic Survey ( Annual ) New Delhi
22.B.A.Prakash (ed) 1994 : Kerala’s Economy, Sage publications,
New Delhi
23.K.K. George(1999) : Limits to Kerala Model of development,
C.D.S
24.R.C. Zachariah. K.P.Kannan And
S. Irudaya Rajan (ed) 2002 :Kerala’s Gulf connection, C.D.S
25.E.R.Mathew1997 : Employment & Unemployment in Kerala
Sage publication, New Delhi
26.K.C. Zachariah, E.T.Mathew,
S. Irudaya Rajan, :Impact of Migration on Kerala’s Economy
and Society. CDS working paper
No. 297 July 1991
27.K.P.Kannan : Poverty Alleviation as Advancing Basic
Human capabilities Kerala’s Achievements
compared, CDS working paper 294,
May 1999
28.State Planning Board, Economic Review (Annual), SPB, Thiruvanathapuram

Paper – III

COMPARATIVE POLITICS

I (a) Nature and scope of comparative politics – Distinction between


Comparative politics, Comparative Government and Comparative Political System
(b) Socio-political and economic features of developing and developed
countries.
II (a) Constitution and Constitutionalism – Basic features of the Constitutions
of UK,USA, Switzerland, and China
(b) Federalism – A comparative study of USA, India and Switzerland
(Federation, Quasi-federation and Confederation) – Comparison of Unitary systems
– UK, and China
(c ) Executive – Legislative relationships (UK, USA)
III (a) Administrative Law, Rule of Law, Judicial Review (France, UK, USA)
(b) Party system and Coalition politics – Experiences of UK, USA and India
– Factors affecting voting behaviour.
30

IV Issues in Comparative Politics –Terrorism, Religious Fundamentalism, and


Ethnicity – Global Warming.
Reading Lists:
1. S.N.Ray :Modern Comparative Politics
(Prentice Hall, New Delhi, 1999)
2. Roger Charleton : Comparative Governments
3. Lawrence C. Mayer : Redefining Comparative politics
(Sage, New Delhi, 1989)
4. R.H.Chilcotte : Theories of Comparative Politics
(West View Press, Oxford, 1994)
5. H.Scarrow : Comparative Political Analysis:
An Introduction (New York, Har)
6. Almond & Powell : Comparative Politics Today: A World View
(Little Brown & Co., Boston, 1992)
7. Peter Markl : West European Party systems
(Press New York 1980)
8. John D. Nagle : Introduction to Comparative Politics:
Political System Performances in Three Worlds
(Nelson – Hall Publishers, 1992)
9. J.C.Johari : Comparative Political Theory: New
Dimensions Basic Concepts and Major Trends
(Sterling, Delhi, 1987)
10. Deol : Comparative Government and Politics
11. Almond &Coleman : The Politics of the Developing areas
Princector, New Jersey, 1960)
12. Sudaptakaviraj (Ed.) : Politics in India (OUP Calcutta, 1992)
13. G.K.Roberts :The Government of France Fifth Republic
14. Paul G.Le : The Practice of Comparative politics: A
Reader (Longman New York, 1978)
15. Ralph D.Dahrendrof : Class and Class Conflict in Industrial
Society (Stanford University, 1959)
16. Roy C. Macridal : Comparative Government
17. K.John Wilson Lewis : Leadership in communist China
18. Harris Warden : China and the Third World Champion or
Challenger (Groom Helm. London, 1986)
19. Hed Hagne M.Haroop : Comparative Govt. and Politics, An
& S.Brestlia Introduction (Macmillan, London, 1998)
20. H.Eckstein & D. : Comparative Politics: A Reader
(Free Press, London, 1963)
21. Stephen V.Mansma : American Politics (The Dryden Press,
Illinois, 1973)
22. Richard Watson : Promise and Performance of American
Democracy
23. Martin O.Heister(Ed. : Politics in Europe: Structures and Processes
In Some Post Industrial Democracies avid
31

McKay & New York, 1924


24. Peter Calvert : Comparative Position – An Introduction
(Longman, Peason Education, London, 2002)
25. Peter Burnell & : Politics in the Developing World, Oxford
Vicky Randall University Press, Delhi
26. Riley E Dunlap, Robert J Brulle : Society and Climate Change – Sociological PPerspectives. Oxford
University Press

Paper IV

JURISPRUDENCE
Outcome:- This paper creates a fundamental understanding of law in a systematic
manner and also give an insight into the basic concepts.
1. Nature and value of jurisprudence, various Schools of jurisprudence and
their methodology – Positivistic schools – Austin, Salmond, Kelsen, Hart.
Hart–Fuller Conflict – Comparative Jurisprudence – Marxist theory –
Historical Schools – Savigny and Henry Maine – Modern status of Natural
Law – Sociological Jurisprudence – Legal realism. Feminist Jurisprudence
– Critical Legal Studies.
2. International Law, Constitutional Law, Authority and Territorial Nature of
Law, Law and Fact, Functions and purpose of Law.
3. Law and Justice – Different Theories of Law and Justice – Rawls Theory –
Distributive Justice – Corrective Justice – Natural Justice – Civil and
Criminal Justice – Merits and defects of Administration of justice –
Essentials of Criminal and Civil Justice – Theories of Punishment and their
comparative evaluation.
4. Sources of Law – Meaning of the term sources – Legislation – Codification
of statutes – Interpretation of enacted law – Custom – Reasons for the
reception of custom and prescription – Legal custom and conventional
custom – General custom and local custom. Precedent – authority of
precedent – over-ruling – prospective and retrospective – Ratio decidendi
and obiter dicta and stare decisis.
5. Elements of law – The juristic concepts of Rights and Duties; possession
and ownership – Titles – Liability and Obligations; persons, property and
procedure.
Prescribed Readings:
32

1. Friedman, Legal Theory. (5th Edn. Chapter 1,3,5,7 to 14,19,20, Columbia


University Press)
2. Salmond, Jurisprudence (Sweet and Maxwell, 1966)
3. Paton, Jurisprudence.
4. Dias, Jurisprudence. (Aditya Books, 1985)
5. Lloyd, Introduction to jurisprudence, (Sweet and Maxwell, 1994)
6. Prof.P.S.Achuthan Pillai, Jurisprudence.
7. L.S.Carzon, Jurisprudence (1996)
8. J.W.Harris, Legal Philosophies. (Butterworths, 1993)
9. Dr. N.K. Jayakumar, Lectures on Jurisprudence, (Third Edition., Lexis
Nexis, 2015)
10. V.D. Mahajan, Jurisprudence and Legal Theory
11. Dr.N.V.Paranjpe – Jurisprudence and Legal Theory.

Paper – V

SPECIAL CONTRACTS
Outcome :_ This paper familiarizes the students with principles of law relating to
specific contracts like Indemnity, Guarantee, Bailment, Agency, Partnership, Sale
of Goods etc.
1. Contract of indemnity and guarantee – Different aspects of surety’s
liability. Comparison of guarantee with indemnity – Discharge of
surety – Rights of surety against creditor; principal debtor and co-
sureties.
2. Bailment – General features – Divisions of bailments –
Requirement of consideration – Rights and liabilities of bail and
bailees. Finder of lost goods – Pledge or pawn – Pledge by limited
owners.
3. Agency – General Features – Creation of agency and different
method of such creation – Different kinds of agent – Delegation of
authority – Sub - Agents and substituted agents. Rights and duties of
agents and principal inter se - notice to agent – Fraud of agent –
Agent’s liability to third persons – Rights against agent personally -
Breach of warranty of authority – Undisclosed principal –
Termination of agency – Revocation and renunciation – Termination
by operation of law.
33

4. Sale of goods – sale and agreement to sell – Formalities of sale –


The price – Conditions and warranties (implied and express) –
Fundamental breach – Transfers of property – Passing of risk –
Effecting the performance of sale of goods – C.I.F. contracts – F.O.B.
contracts - Right of buyer against seller – Suits for breach of contract
– Rights of unpaid seller – Auction sale and hire - purchase.
5. Partnership – Essentials - partnership compared with ownership
Company, Joint Hindu Family business and Society – A creation of
status – Mode of determining partnership – Firm and firm name –
Different types of partnership – Formation of partnership –
Partnership property - Partnership by holding out – illegal partnership
– Relations of partners to one another and to third parties – Incoming
and outgoing partners – Retirement – Dissolution – Settlement of
accounts – Sale of goodwill – Registration of firm.
Prescribed Readings: (With amendments)
1. Sale of Goods Act : Pullock and Mulla
(Orient Longman)
2. The Law of Contracts : M. Krishnan Nair
3. Law of Contracts : Avtar Singh
4. Law of Contracts : Subba Rao
5. Law of Contracts : Anson
6. Laws of England : Halsbury’s (IVed.)Reissue Vol. 1
(2) pp 1 – 136. Vol.2. pp 829 –
905.

Fourth Semester

Paper – I

DRAMA
No of Instructional Hours: 5 per week
AIMS
1. To enhance the level of literary and aesthetic experience and to help them respond creatively
2. To acquaint them with theatrical skills
3. To make them aware of the diverse dramatic devices

Course Outline
Module I
 The Major Dramatic Genres: Tragedy, Comedy, and Tragi-Comedy.
34

 Types of comedy – Romantic Comedy, Comedy of Humours, Comedy of Manners/ Restoration Comedy,
Sentimental Comedy, farce, burlesque, black comedy.
 Types of Tragedy: Revenge Tragedy, Domestic Tragedy, Heroic Drama.
 Other forms: melodrama, masque, One-Act Plays, epic drama, absurdist drama, kitchen- sink drama
 Dramatic Devices – irony, soliloquy, aside, chorus.

Module 2: Shakespeare
Module 3: Modern Indian drama in English
Module 4: One Act Plays
COURSE MATERIAL
Module 1:
Core reading: Chapter 2 from A Concise Companion to Literary Forms. Emerald, 2013.
Module 2:
Core reading: Shakespeare. The Merchant of Venice. Act IV, Scene1.
Shakespeare. Julius Caesar. Act II, Scene 2.
Module 3:
Core reading:Silence the Court is in Session by Vijay Tendulkar

Module 4:
Core reading:Four One Act Plays. Mainspring Publishers, Chennai.
The following one act plays are prescribed:
1. The Pie and the Tart: Hugh Chesterman
2. Under Fire: Laurence Housman
3. The Brink of Silence: Esther E. Galbraith
4. The Dear Departed: Stanley Houghton

Paper – II

MONEY, BANKING, PUBLIC FINANCE AND INTERNATIONAL TRADE

I (a) Money – its functions, Inflation and deflation, causes and control
Quantity theory of money. I/S and L/M curve theory.
(b) Development of commercial Banks in India, Process of credit creation –
Recent reforms in commercial banking – Nationalisation of banks - Recent trends
of disinvestment in the Banking sector.
(c) Theory of central banking- objectives and methods of credit control –
Money and capital markets in India.
II (a) Meaning and scope of public finance, The principle of Maximum social
advantage
35

(b) Different sources of public revenue – principles of taxation – Public


expenditure and causes of its increase and impact of public expenditure and
financial policy.
(c) Sources of public debt. Effect of public debt, Redemption of public
debt, Role of Budget and budgetary process.
III (a) International Trade – Internal and international Trade, Theories of
absolute advantage, comparative advantage , Heckscher – Ohlin theory of
international trade , Tariffs and quotas in international trade.
(b) Balance of trade and Balance of payments – Disequilibrium in balance
of payments and How is it rectified.
IV Functions of IMF, IBRD and WTO in International Trade and economic
relations.
Reading Lists:
1. R.S.Sayers : Modern Banking
2. S.K.Basu :A Survey of contemporary Banking Trends
3. Decock : Central Banking
4. Reserve Bank of India : Report on currency and Banking
5. Narasimhan Report
6. Musgrave .R and Musgrave .R.B :Public Finance Theory and practice
7. Mithani.D.M :Modern Public Finance
8. Bhargava.R.N :The timing and working of woman finance in India
9. Govt.of India :Economic Survey
10. Browning :Public Finance and the Price Systems Pearson.
11. Cnossen :Public Finance and Public Policy in new
century, Pearson.

12. Kenan.P.B(1994) :The International Economy,


Cambridge University Press, London
13. Kindlberger. C.F (1973) :International Economics, R.D.Irwin, Homewood

14. Krugman.P.R. and


M.Obstageld (1194) :International Economics: Theory and Policy, Glenview,
Foresman.
15. Salvatore,D.L(1997) : International Economics, prentice
Hall, Upper Saddle Rivewr,N.J
36

16. Sodersten,B(1991) :International Economics,


Macmillan Press Ltd, London
17. Aggarwal,M.R.(1979) : Regional Economic Corporation in South
Asia, S.Chand and Co, New Delhi.
18. Bhagwati,J.(Ed)(1981) :International Trade, Selected Readings,
Cambridge University Press, Mass.
19. Crockett,A(1982) :International Money:
Issue and Analysis,ELBS and Nelson, London.
20. Greenway,D(1983) :International Macmillan Publishers Ltd,
London
21. Heller,H.R (1968) :International Monetary Economics,
Prentice Hall India
22. Joshi.V.and I.M.D.Little(1998) :India’s Economic Reforms, 1999-2001,
Oxford University Press, Delhi.
23. Nayyar.D (1976) : India’s Exports and Export Policies in the1960’s,
Cambridge University Press, Cambridge.
24. Panchmukhi,V.R(1978) : Trade Policies of India: A quantitative
Analysis, Concept Publishing company,
New Delhi.
25. Patel,S.J (1995) : Indian Economy Towards the
21st Century, University Press Ltd, India.
26. Singh,M (1964) : India Export Trends and the Prospects for
Self-sustained Growth, Oxford University Press, Oxford.

Paper – III

INTERNATIONAL POLITICS

I a) Meaning, Nature and Scope of International Politics.


Major Actors of International system – Nation State System, Evolution,
Features, Territoriality, Sovereignty, Nationalism, National Power, Elements of
National Power.
(b) International Law; Meaning, Nature, sources, The role of International
Law in International Politics
37

c) Non-State Actors; Features, Types, Impact


Approaches to the study of international politics – Idealism Vs. Realism. – Game
Theory, Communication Theory – Systems Theory, Dependency Theory
II Instruments for the promotion of National Interest.
Foreign Policy and National interest
Nature of Foreign Policy, Determinants
India’s Foreign Policy: Basic Principles, Non-Alignment
India and her Neighbours ( Pakisthan, China, and Srilanka)
India and Major Powers ( US, China, Russia )
India’s Nuclear Policy
Diplomacy: Meaning, Evolution, Functions of Diplomats, Classification of
Diplomats, Diplomatic Rules and Procedures, Appointment, Privileges,
Termination, Types of Diplomacy, Decline of Diplomacy.
III Mechanisms for Controlling Inter – State Relations.
Balance of power: Meaning and Characterization, Evolution, Devices, Relevance
Pacific Settlement of Disputes – Meaning, Chief Methods
Collective Security: Meaning, Basic Principles and Evolution, Collective Security
under UNO
IV (a) International Organisation : United Nations Organisaiton - Major
Organs, Relevance, Restructuring of the UNO.
Regional Organisations: NATO - ASEAN – SAARC – Europion Union (EU)
Disarmament and Arms Control: Meaning, Disarmament and UNO, Major
Agreements of Disarmament – Features of Disarmament.
(b) Post-Cold War International Politics
Globalization and the Emerging world Order. World Trade Organisation.
Reading Lists:
1. Calvocoressi, Peter : World Politics since 1945 London, 1982.
2. Claude, Inis : Power and International Relations NewYork, 1962.
3. Clauds, Inis : Swords into Plowshares, New York, 1964.
4. Deutsch, Karl : The Analysis of International
Relations, Prentice Hall, 1967.
5. Dougherty James and : Contending Theories of International
Roberty Pfalt Zgraft Relations, Philadelphia, 1971.
6. Frankel, Joseph : Contemporary International Theory
and the Behaviour of States,
New York, QUP, 1973.
38

7. Frankel, Joseph : International Relations in a Changing


World, London, Mac Millan, 1976.
8. Goodrich, Leland : The United Nations, New York, 1955.
9. Holsti,K.J : International Politics: A Framework
for Analysis.
10. Kaplan, Morton : System and Process in International
Politics, Princeton, PUP, 1969.
11. Knorr, Klaus & Games : Contending Approaches to
International Rosenan
Politics, Princeton, PUP, 1969.
12. Morgenthau, Hans,J : Politics Among Nations, New Delhi,
Kalyani Publishers, 1985.

13. Padleford Norman and : The Dynamics of International Politics,


George Lincoln New York, Mac Millan, 1962.
14. Rosenau, James (Ed.) : International Politics and Foreign
Policy: A Reader in Research and Theory,
New York, Free Press, 1969.
15. Said, Abdul (Ed.) : Theory of International Relations:
The Crisis of Relevance,
Prentice Hall, 1968.
16. Schuman, Frederick : International Politics, New York,
McGraw Hill, 1969.
17. Schwarzenberger, : Power Politics: An introduction to the
George Study of International Relations and
Postwar Planning, London,
Jonauathan Cape, 1941.
18. Sprout, Harold and : Foundations of International Politics,
Margaret Sprout Princeton, Van Noztr and Company, 1962.
19. Sullivan, Michael.P : International Relations: Theories and
Evidence, Englewood Cliffs,
Prentice Hall, 1976.
20. Thomas , Kenneth : Political Realism and the Crisis of
39

World Politics, Princeton, PUP, 1960.


21. Van Dyke, Vernon : International Politics, Vakils, Fetter and
Simons, 1968
22. Waltz, Kenneth : Theory of International Politics,
Reading, Addison Wesley, 1979.
23. Wright, Quincy : The Study of International Relations,
New York Appleton Century, 1955.
24. Zisgler, David : War, Peace and International Politics,
Boston Little Brown, 1977.
25. Hoffman, Stanley : The State of War, New York,
Frederic Pasgar, 1965.
26. Appadorai.A : Domestic Roots of India’s Foreign
Policy , Delhi OUP. 1971
27. Appadorai.A : Select Documents on India’s Foreign
Policy and Relations: 1947-72.
28. Appadorai and
M.S Rajan : India’s Foreign Policy and Relations
New Delhi, South Asian Publishers, 1985.
29. Bhambri.C.P : The Foreign Policy of India, New
Delhi, Sterling Publishers, 1987.
30. Bagchi, Amyakumar : Political Economy of Under
Development: London Cambridge
University Press, 1982.
31. Bandyopandhyaya.J : The Making of India’s Foreign Policy
Bombay, Allied Publishers, 1989.
32. Benner, Jeffrey : Structure of Decision: New Delhi,
South Asian publishers,1984.
33. Berkes, R.N and : The Diplomacy in India: Indian Foreign
M.S.Bedi Policy in the United Nations, Stanford,
Stanford University Press,1958.
34. Brecher, Michael : India and World Politics:
Krishna Menon’s View of the World,
London OUP, 1968.
40

35. Brines, Russel : Indo-Pakistan Conflict, London , Pall


Mall Press, 1968.
36. Chopra.S(Ed.) : Studies in India’s Foreign Policy
Awaitsan, GND University, 1980.
37. Cohan, Stephen Philip : The Security of South Asia, New Delhi,
Vistar, 1986.
38. Dutt, Srikant : India and the Third World – Altruism
or Hegemony, London, Zed Books, 1989.
39. G.Gopa Kumar (Ed.) : International Terrorism and Global
Order in the 21st Century, Kanishka,
New Delhi, 2003.
40. G.Gopa Kumar (Ed.) : Iraq War and the World Order,
Icon Publishers, New Delhi, 2005.
41. George Timothy : Security in South Asia: India and the
Great Powers, Aldershot, Gower, 1984.
42. Gupta, Sisir : Kashmir: A study in India – Pakistan
Relations, Bombay, Asia Publishing, 1966.
43. Jackson, Robert : South Asian Crisis: India – Pakistan –
Bangladesh, London Chatte and
Windus, 1975.
44. Jain.J : Nuclear India, New Delhi, Radiant, 1974.
45. Jai Singh, Hari : India and the Non –Aligned World:
Search for a New Order.
46. Jettey, Nancy : India – China Relations, Delhi,
Radiant 1979.
47. Jha,S.K : Indo – Nepalese Relations:1951 –1972,
Bombay, Vora. 1972.
48. Harrison, Selig : India and the United States, New York,
Macmillan, 1961.
49. Heimsath, Charles : A Diplomatic History of Modern
Indiaand Surjit
50. Mansingh, Surjit : India’s Search for Power:
Indira Gandhi’s Foreign Policy 1966 – 82,
41

New Delhi, Sage, 1982.


51. Misra.K.P : Janata’s Foreign Policy, New Delhi,
Vikas, 1979.
52. Misra.K.P : Studies in India’s Foreign Policy,
New Delhi, Vikas, 1969.

Paper – IV
CONSTITUTIONAL LAW – I
Outcome :- This paper acquaints the students with the fundamental law of the land,
preamble, basic structure, citizenship, freedoms, rights, directives, duties and
constitutional remedies.
1. Introduction: - Historical Background – The nature of the Constitution –
Salient features of the Constitution. Preamble: - Significance and
importance – Declaration of the objectives of the State - Preamble and
interpretation of the Constitution. Union and its territory (Art. 1-4): -
formation of new States – ceding of Indian Territory to foreign country.
Citizenship (Art: 5-11) – Meaning of citizenship – Various Methods of
acquiring citizenship – Termination of citizenship – Relevant provisions of
the Citizenship Act, 1955. The Citizenship Amendment Act, 2019.

2. Fundamental Rights (Art 12-35): - General – Definition and nature of


Fundamental Rights – Balance between individual liberty and collective interest –
Definition of State (Art :12) - Violation of Fundamental right (Art. 13) – Doctrine
of ultravires – Pre-constitution Laws –Doctrine of severability – Doctrine of eclipse
– Post Constitutional Laws _ Doctrine of waiver – “Law” and “Law in Force” -
Equality (Art.14-18) – Introduction – Equality before Law and equal protection of
Laws classification – Test of reasonable classification Rule against arbitrariness –
No discrimination on grounds of Religion, Race, Caste - Special provisions for
Women and Children – Special provisions for advancement of Backward classes –
Equality in Public Employment – Reservation for Backward Classes – Abolition of
untouchability – Abolition of Titles.
3. Right to Freedom (Art. 19) – Meaning and Scope –Test of Reasonableness –
freedom of speech and expression, Assembly, Association, Movement, Residence,
Freedom of Profession, Occupation, trade or business – Right to know and Right to
Information Act,2005 - Protection in respect of conviction for offences (Art. 20) –
42

Nature and Scope – Doctrine of expost facto Law – prohibition against double
jeopardy – protection against self incrimination - Right to life and personal liberty
(Art. 21) – “Personal liberty” – Meaning and Scope – Interrelation of Art. 14, 19
and 21 – New judicial trends in interpretation of Art. 21 “Due Process of Law” and
“Procedure established by Law “– Concept of Liberty and Natural Justice –
Emergency and Art. 21- Right to Education Art. 21 A - Protection against Arbitrary
Arrest and Detention (Art. 22) – Rights of detenue – Rights to be informed of
grounds of arrest, right to be defended by a lawyer of his own choice, right to be
produced before a magistrate – Preventive detention Laws - Right against
exploitation (Art. 23-24) – “Traffic in Human beings” and “Forced Labour” –
Prohibition of employment of children in factories etc.
4. Freedom of Religion (Art. 25, 26, 27, 28) – Concept of “Secular State” – Secular
but not anti – religious –Restriction of Freedom of Religions. (a) Cultural and
Educational rights (Art. 29-30) – Protection of Minorities – Right to establish and
manage their Educational Institutions. (b) Saving of certain laws (Art. 31A-31B )
– Savings of laws providing for acquisition of estates etc. – Validation of certain
Acts and Regulations - Constitutional Remedies (Art. 32-35&226) – Public Interest
Litigation – Scope of Writ Jurisdiction of the Supreme Court and High Courts –
Distinction between Art.32 and 226.
5. Directive Principles of State Policy (Art. 36-51) – Underlying Principles behind
Directive Principles - Social and Economic Charter – Social Security Charter –
Community Welfare Charter – Relation between Fundamental Rights and
Fundamental Duties (Art. 51 A) – Need for fundamental duties – Enforcement of
Fundamental Duties.
Prescribed Readings: (With amendments)
1. Shorter Constitution : D.D. Basu
(Wadhwa and Co.)
2. Constitutional Law of India : H.M.Seervai
(N.M. Tripathi Pvt. Ltd.1993)
3. Constitutional Law of India : Jain, M.P.
(Wadhwa and Co.)
4. Constitutional Law of India : J.H. Pandey
5. Law of Indian Constitution : Prof. P.S.Achuthan Pillai
6. Constitution of India : V.N. Shukla
7. Working a Democratic Constitution : Austin,G.
(Oxford University Press, 1999)
8. Directive Principles of State Policy : K.C. Markandan
43

in the Indian Constitution (A.B.S.


Publications, Jalandhar 1987).
9. Constitutional Questions in India. : Noorani,
(Oxford University Press 2000)

Paper – V

FAMILY LAW – I
Outcome :- This paper endows the students with the knowledge of Hindu, Muslim
and Christian Law in respect of marriage, divorce, adoption, guardianship and
maintenance.
1. Nature and Sources – The study will include the nature and sources (traditional
and modern) of personal laws.
2. Laws of marriage - This course will comprise, Hindu, Muslim and Christian Law
of marriage and divorce. Emphasis should be laid on the nature of marriage and
its development, Hindu Law of marriage and divorce and the changes brought
about by modern legislation – Special Marriage Act – Indian Divorce Act -
Muslim Women (protection of Rights on Marriage) Act, 2019 – Matrimonial
remedies – Hindu, Muslim and Christian Laws
3. Law of adoptions – Hindu law of adoption will include special reference to the
juristic concept and development of case laws & changes brought about by the
Hindu Adoptions and Maintenance Act, 1956. The study will also include the
Muslim law of Legitimacy. Parentage and Doctrine of Acknowledgement.
4. Law of Guardianship – Hindu Law of Minority and Guardianship with the
changes brought about by the modern legislation. Provisions in the Muslim Law
of Minority and Guardianship.
5. Maintenance – Hindu Law relating to maintenance – Muslim law relating to
maintenance with reference to the Muslim Women (Protection of Rights on
Divorce Act, 1986) - Maintenance and Welfare of Parents and Senior Citizens
Act, 2007 – Matrimonial Remedies through Family Courts.
Statutory materials: (With amendments)
1. The Hindu Widows Remarriage Act, 1856.
2. The Prohibition of Child Marriage Act, 2006.
3. The Special Marriage Act, 1954.
4. The Hindu Marriage Act, 1955.
5. The Hindu Adoptions and Maintenance Act, 1956.
6. The Hindu Minority and Guardianship Act, 1956.
44

7. Guardian and Wards Act, 1890.


8. The Dissolution of Muslim Marriage Act, 1939.
9. The Christian Marriage Act, 1872.
10. The Indian Divorce Act, 1869.
11. Dowry Prohibition Act, 1961.
12. Family Courts Act, 1984.

Prescribed Readings: (With amendments)


1. Hindu law : Mulla
(N.M.Tripathi Pvt. Ltd.)
2. Mohammedian Law : Mulla
3. Introduction to Modern Hindu Law : Duncan M. Derrett
4. Hindu Law – I : Paras Diwan
5. Family Law : Prof.M.Krishnan Nair
6. Muslim Law : A.A.A. Fyzee
7. Outlines of Muhammedan Law : Asaf.A.A. Fyzee
8. Marrriage and Divorce
(5th Edition Eastern Law House 1987) : A.N. Saha
9. Laws of England IV Edition Re –issue
Vol.13 pp 239 – 665
Vol. 22 pp 565 – 717. : Halsbury’s
10. Hindu Law : Raghavachari, N.R.
11. Hindu Law : Subramania Iyer, V.N.
12. Muslim Law in India : Tahir Mohammed.
13. Christian Law : Sebastian Champapilly.
14. Hand Book of Christian Law : Devadasan, E.D.

Fifth Semester

Paper – I

LIFE WRITING AND TRAVEL WRITING


No of Instructional Hours: 5 per week
AIMS
1. To sensitize the students to the experiences of holocaust victims where human rights are violated
2. To acquaint the students with the experiences of legal luminaries
3. To introduce the students to the third gender
4. To acquaint the students with the wonderful world of travel literature
45

OBJECTIVES
On completion of the course, the students should be able to
1. distinguish the genres – autobiography, biography, diary writing.
2. to understand the rhetoric of travel writing

COURSE OUTLINE
Module 1: Autobiography
Module 2: Biography
Module 3: Diary
Module 4: Travel Writing
COURSE MATERIAL
Module 1:
Justice V.R.Krishna Iyer. Wandering in Many Worlds:An Autobiography. Pearson. 2009.
Module 2:
2. Revathi. The Truth about Me: A Hijra Life Story. Penguin Books.

Module 3:
Anne Frank. The Diary of a Young Girl. ( excerpts from Reflections. Pearson).
Module 4:
Jack Kerouac. On the Road: The Original Scroll. Penguin.

Paper – II
LAW OF CRIMES – PAPER – II – CRIMINAL PROCEDURE CODE
Outcome :- This paper gives the students thorough knowledge of procedural
aspects of criminal courts and other machineries, police investigations, special
provisions relating to juveniles and probation of offenders.
1. Important definitions under the code of criminal procedure 1973 (Act 2 of 1974)
– Constitution of Criminal Courts and Offices – Court of sessions – Assistant
Sessions Judges – Judicial Magistrates. Special Judicial Magistrates Jurisdiction –
Executive Magistrate – Public Prosecutors – Assistant Public Prosecutors – Power
of courts – Jurisdiction in the case of Juvenile, Nature of sentences which could be
passed by various courts. Powers of Police Officers – Aid and information by
Public.
2. Arrests of Persons – without warrant by Police Officer – By Magistrate – By
private persons – Search – Seizure of offensive weapons, Medical Examination of
arrested persons – procedure to be followed on arrest – Process to compel
appearance – summons – service of summons – Warrant of arrest – Search warrant
– Proclamation and attachment – Bond for appearance – Impounding documents –
Process to compel the production of thing – Security for keeping the peace and for
good behaviour (Ss 106 and 107) - suspected persons – Habitual offenders –
Imprisonment in default of Security. Order for maintenance of wives, children
and parents (s.125) Procedure – Alteration in allowance – Enforcement of order of
46

maintenance - Maintenance of public order and tranquility – urgent cases of


nuisance or apprehended danger (s.144) - Disputes regarding immovable property –
procedure- local inquiry – preventive action of the police – Cognizable offences.
3. Information of the police and their powers to investigate information – procedure
on investigation – statements Regarding of confessions and statements Power of
Police Officer on investigation – Inquiry by Magistrate into cause of death –
Jurisdiction of the criminal courts in inquiries and trials – conditions requisite for
initiation of proceedings – Cognizans of offences by court of session – Prosecution
in special cases – Complaints – Procedure on receipts of complaints – The charge –
form and contents of charge - effect of errors – Joinder of charges – Trial before a
court of session – Framing of charges – Discharge and Acquittal – Judgement of
acquittal or conviction – Trial of warrant cases by Magistrates –Upon Police Report
or otherwise - trial of summons cases - withdrawal - Summary trials - Attendance
of persons contained or detained in prisons.
4.General provisions as to inquiries and trials (Sec 300 to 327) – Legal aid to
accused at State expenses in certain case – Tendering pardon to accomplices –
Power to examine the accused (S.313) Competency of accused to be a witness (315)
Compounding of offence – withdrawal from prosecution – Provisions as to offences
affecting the administration of justice – judgement –Orders to pay compensation -
Plea-bargaining– confirmation of death sentences – Appeal Reference and Revision
– Transfer of Criminal cases – Execution, Suspension, Remission and Commutation
of sentences – Death sentence – Imprisonment – Provisions as to bail and bonds –
Disposal of property – Limitation for taking cognizance of certain offences.
5. Relevant Provisions of Juvenile Justice (Care and Protection of Children) Act,
2015 and Probation of Offenders Act, 1958.
Prescribed Readings: (With amendments)
1. The code of Criminal Procedure, 1973.
2. Ratanlal and Dhirajlal, Code of Criminal Procedure
(Wadhwa and Co. 1987)
3. A.K. Pavithran, Lecturers on the Code of Criminal Procedure.
4. R.K. Kelker. Outlines of Criminal Procedure. (Eastern Book
Company).
5. Kerala Criminal Rules of Practic,1982.
6. Juvenile Justice (Care and Protection of Children) Act, 2015
7. Probation of Offenders Act, 1958.
47

Paper – III
CIVIL PROCEDURE CODE AND LIMITATION ACT
Outcome :- This paper provides the students rules of procedure and process of civil
courts in civil disputes and Law of limitation.
1. Meaning of procedure – Distinction between procedural and
substantive laws – Definitions-Judgements, decree, order foreign
judgement, government pleader, Judge, Judgement debtor, legal
representative, mesne profits, movable property, pleader, public officer –
Jurisdiction of courts to try civil suits - stay of suit, res-judicata - Place
of suing. – Institution of suits, pleading, plaint, written statement and set
off. Parties to suits, joinder of parties, misjoinder of parties, frameing of
suits –Summons and discovery, issue and service of summons.
2. Appearance of parties, consequence of non appearance, exparte
decree, setting aside of ex parte decree; examination of parties by the
court, discovery and inspection, admission, production, impounding and
return of documents - settlement of issues and determination of a suit on
issues of law or on issue agreed upon; disposal of suit at first hearing -
Summoning and attendance of witness, adjournment. Hearing of the suit
and Examination of witness, affidavit.
3. Judgement and decree : Execution of decree, interest, cost –
compensatory cost. Property liable to attachment and sale in execution
of decree - Appeal: - First appeal, cross appeal and cross objection,
Second appeal, Appeal to the Supreme Court. Reference, Revision and
Review – Supplementary Proceedings : Arrest before judgement,
attachment before judgement, injunction, Appointment of receiver,
security for costs, withdrawal of suits, payment into court, compromise
of suits.
4. Special proceedings : Suits in particular cases: Notice before suit,
Inter-pleader suit, suits by paupers, suit by or against firms, suits by or
against a minor, suit in respect of public charities – Incidental
proceedings - Exemption of certain woman from personal appearance -
application for restitution, proceedings by or against representative,
saving of inherent power- amendment of Judgement and decree.
5. Law of Limitation: - Nature of the law of limitation – Limitation of
suits, Appeal and applications – Computation of the period of limitation
– Acquisition of ownership by possession. Extension of time prescribed
for certain cases – Expiry of the prescribed period when court is closed.
48

Legal disability and limitation. Continuous running of time- Exclusion


of time in cases where leave to issue appeal. Exclusion of time -
proceeding in court without jurisdiction. Effect of death on or after the
accrual of the right to sue - Effect of acknowledgement in writing –
Effect of substituting or adding new plaintiffs or defendants –
Continuing breaches and torts – Acquisition of easement by prescription.
Statutory materials: (With amendments)
Code of Civil Procedure, 1908
The Limitations Act, 1963.
Civil Rules of Practice (Kerala) 1971.
Prescribed Readings: (With amendments)
Code of Civil Procedure (Students Edition) – Mulla
Civil procedure –C.K.Takwani
Commenteries on Code of Civil Procedure 1908 – Justice
C.K.Thakker

Paper – IV
FAMILY LAW – II
Outcome :- This paper provides the students the knowledge of both the codified
and uncodified laws relating to succession of Hindus, Muslims and Christians.
I Hindu Law - Joint Family - Origin and Constitution of Joint Hindu Family –
Mitaksharara co-parcenary, Co-parcenary Joint Family, Co-parcenary within a
co-parcenary – Incidents of co-parcenary property - Right of co-parceners -
Managing member - Powers & duties of a manager in a Joint family business.
Dayabhaga Joint Family - Hindu Succession Act, 1956 – Partition – What is
partition – Subject matter of partition – Persons entitled to a share – What
constitute partition – The mode of partition – Re-opening and reunion-

2. Inheritence – General Principles –Exclusion from inheritance - Hindu Succession


Act, 1956 – Sreedhana and Women’s estate – Changes effected by the Hindu
Succession Act – Right of widow and other female heirs, Religious and charitable
endowments – Endowments, Public and Private - Marumakkathayam Law –
Tharavadu and its management – Karanavan – position and powers - Statutory
changes – Debts and alienations – Partition – Nature of property allotted to a
Marumakkathayi female member in particular of her tharavad property on the
subsequent birth of a child to her. Acquisitions – Nature and effect of sthanoms –
Statutory changes - General rules of succession of Hindu males and females – Order
49

of succession - Rules of succession of persons governed by Marumakkathayam Law


–Right of child in womb, rules of evidence in case of simultaneous death,
preferential right to acquire the share of another heir - Dwelling house.
3. Muslim Law – General Principles – Life estate and vested remainder – Hanafi
Law of inheritance – The three classes of heirs – Principles of succession among
sharers and residuaries – Doctrine of Increase and Return- Comparison with Shia
law of inheritance – Scope of the doctrine of representation – Wills – Persons
capable of making Wills – Bequest to heirs – Bequest to non –heirs - Limits to
testamentary power – Revocation of Bequest –Death bed gifts and
acknowledgement.
4. Gifts –Persons capable of making gifts – The three essentials of a gift – Delivery
of possession of immovable property - contingent gifts – Revocation of gift – Hiba
Bill –Iwaz- Hiba-Behart-UI-Iwaz – Wakf.- definition-Subject of Wakf – object of
Wakf – Wakf how completed-Reservation of life interest for the benefit of Wakf-
Public and private wakf. The Wakf Act, 1954 –Muttawallis or managers of wakf
properties-Powers-Statutory control - Removal of Muttwallis – Law of Pre-emption
5. Christian Law – Law of succession of Christians, Rules of Succession under
Indian Succession Act – Interpretation of Wills, words of limitation – Probate and
letters of administration, duties of executor or administrator, succession certificate.
Prescribed Readings : (With amendments)
Indian Succession Act, 1925 :
Hindu Law (N.M. Tripathi Pvt. Ltd.) : Mulla
Hindu Law : Paras Diwan
Introduction to Modern Hindu Law : Duncan M Derret
Mohammedan Law : Mulla
Outlines of Mohammedan Law : A.A.A. Fyzee
(Oxford University Press)
Marumakkathayam Law : K. Sreedhara Warrrier
Family Law : Prof. M.Krishnan Nair
Christian Law : Dr. Sebastian
Hindu Law : N.R.Raghavachari
Hindu Law : V.N.Subramonia Iyer
The Muslim Law of India : Tahir Mohammed
50

Paper – V
CONSTITUTIONAL LAW – II
Outcome :- This paper acquaints students with the Centre – State – Local
Governance process envisaged under the Constitution – Introduce Legislative,
Executive and Judicial mechanisms under the Constitution – Generate awareness on
the election system, emergency, Amendments etc.

1. Union Executive, President, Vice-president and Council of Ministers (Art.52 –


123): - Constitutional position and powers of the President – Privileges of the
President _ Constitutional position and powers of Vice – President – Council of
Ministers – Principle of Collective Responsibility – Power of the Prime Minister –
Dismissal of the Cabinet – Attorney General of India – Parliament (Art. 79 – 122) –
Composition of Parliament – Rajya Sabha and Lok Sabha – Qualification for
Membership of Parliament – Speaker and Deputy Speaker – Session of Parliament
– Functions of Parliament – Union Judiciary (Art. 124 – 168) – Composition of
Supreme Court – Jurisdiction of Supreme Court – Independence of Judiciary how
maintained under the Constitution –
2.State Executive (Art. 153 -167) – The Governor – Constitutional powers and
functions – Council of Ministers – Chief Ministers, Appointment – powers – State
Legislature (Art.169 -212) – Legislative Councils – Compositions and functions of
the Houses – Qualification for membership – Speaker and Deputy Speaker –
Session of the Houses.
3. State Judiciary (Art. 214 -237) – Appointment of Judges – Jurisdiction of the
High Courts Writ jurisdiction under Art.226 – Subordinate Courts.
Legislative Privileges (Art. 105 and 194) – Powers, privileges and immunities of
Parliament and its members – Powers and Privileges of State Legislature and its
members – Privileges and courts.
4.Relation between Union and State (Art. 245 – 293): Legislative relations (Art. 245
– 255) – Extent of Laws passed by the Parliament and State Legislatures –
Residuary Power of Legislation – Doctrine of Colourable Legislation – Pith and
substance – Doctrine of occupied field – Administrative Relations (256 – 263) –
Duties of Union and States –
Control of Union over States – Co-ordination between States – Financial Relations
(Art.268 -291) – Distribution of revenue – Collection of taxes – Restriction on
Taxing powers – Trade, Commerce and Inter course within the territory of India
(Art. 301-307) – Parliament’s power to regulate imposition of taxes. Services under
the Union and States (Art. 303 -323) – Doctrine of pleasure – Rights given to Civil
51

servants – Recruitment conditions, tenure – Dismissal – Reduction in rank.


Compulsory retirement.
5.Election Commission (324). Powers and Functions – Emergency Provisions
(352-360) – National Emergency- State Emergency – Financial Emergency –
Emergency and Fundamental Rights – Emergency and judicial Review -
Amendment (Art. 368) – Various methods of amendment – concept of basic
structure – Amendment and Fundamental Rights – Amendment and Judicial
Review.
Prescribed Readings: (With amendments)
1. Constitutional Law of India : H.M. Seervai
(N.M. Tripathi Pvt. Ltd.)
2. Shorter Constitution of India : D.D. Basu
(Wadhwa and Co.)
3. Constitutional Law of India : Dr. Jain
(Wadhwa and Co.)
4. Constitutional Law of India : J.N. Pandey
5. Constitutional Law of India : Prof. P.S. Achuthan Pillai
6. Constitution of India : V.N. Shukla
(Eastern Book Co.)

Sixth Semester

Paper – I
PROSE AND FICTION
No of Instructional Hours: 5 per week
AIMS
1. To make students aware of the diverse fictional forms in prose.
2. To enable them to analyse and appreciate various fictional writings.
3. To give them an insight into other cultures.
4. To help them think and write imaginatively.

OBJECTIVES
On completion of the course, the students should be able to
1. identify different fictional forms
2. analyse and appreciate fictional writings.
3. write imaginatively.

COURSE OUTLINE
Module 1:
 Prose fiction – fable, short story, novel.
52

 Elements of fiction – plot, theme, characterization (flat and round characters), setting, point of view.
 Types of Novel – romance, picaresque novel, sentimental novel, epistolary novel, historical novel, gothic novel,
science fiction, detective fiction, Utopian, dystopian fiction, Bildungsroman – Creative- non fiction
 Narrative strategies – stream of consciousness, Meta fiction.

Module 2:
 Modern British Prose

Module 3:
 Short Story

Module 4:
 Modern British fiction

COURSE MATERIAL
Module 1
Core reading: Chapter 3 from A Concise Companion to Literary Forms. Emerald, 2013.
Module 2:
Core reading:
Reflections (A collection of Essays published by Pearson education). The following essays only
 Bacon – Of Studies
 Addison – Sir Roger at the Assizes
 Lamb – Dream Children
 Ruskin – On the Pleasures of Reading
 Lynd – Indifference

From other sources


 A.G. Gardiner - On the Rule of the Road
 Max Beerbohm – Speed

Module 3
Core reading:A Bouquet of Stories. Kerala University Publications.
Module 4
George Orwell: Animal Farm (Penguin Edition)

Paper – II

INTERPRETATION OF STATUTES AND PRINCIPLES OF


LEGISLATION
Outcome :- This paper makes students aware of various rules for interpretation
formulated by jurists and courts and also equip the students with various rules of
interpretation of statues, principles of legislations and legislative drafting.
1. Interpretation of Statutes – Meaning, Objects and Scope of ‘interpretation’ and
‘construction’ of statute - Nature and Kinds of statutes - Judge as an interpreter –
Commencement, operation and repeal of statutes – Basic Sources of Statutory
53

Interpretation – The General Clauses Act, 1897: Nature, Scope and Relevance
(Ss.6- 8) – Aids to Interpretation - Internal aids – External aids.
2. Rules of Statutory Interpretation – (a) Primary Rules – Literal rule-Golden rule –
Mischief rule - Rule of harmonious construction – (b) Secondary Rules – Noscitur
a sociis - Ejusdem generis – Reddendo singular singulis – Presumptions in
statutory interpretation – Maxims of Statutory Interpretation - Delegatus non potest
delegare - Expressio unius est exclusio alterius - Generalia specialibus non
derogant – In pari delicto potior est conditio possidentis – Utres magis valeat quam
pereat – In bonam partem.
3. Interpretation with reference to the subject matter and purpose -
Restrictive and beneficial construction – Taxing statutes – Penal statutes – Welfare
legislation - Interpretation of substantive and adjunctive statutes –
Interpretation of directory and mandatory provisions – Interpretation of enabling
statutes – Interpretation of codifying and consolidating statutes – Interpretation of
statutes conferring rights – Interpretation of statutes conferring powers
4. Principles of Constitutional Interpretation -
Harmonious construction – Doctrine of Eclipse – Doctrine of pith and substance –
Colourable legislation – Doctrine of Severability – Ancillary powers - Residuary
power – Occupied field – Doctrine of repugnancy – Doctrine of Immunity of
instrumentalities
5. Principles of Legislation – Principle of utility – Principles of Ascetic and
Arbitrary Theory – Principles of sympathy and Antipathy – Operation of these
principles upon legislation – Distinction between morals and legislation –
Legislative Drafting – Principles of drafting a bill – Montesquieu rules in drafting

Prescribed Legislation:
The General Clauses Act, 1897
Prescribed Readings:
Theory of Legislation - Bentham
Legislative Drafting - Bakshi
Interpretation of Statutes - Maxwell
Interpretation of Statutes - Swaroop
Interpretation of Statutes - Bindra
Interpretation of Statutes - Varghese and Madhavan Potti
Interpretation of Statutes - Sarathi
Principles of Legislation, Legislative Drafting and Statutory Constructions
- Prof.M.Krishnan Nair and A.GopinathaPillai
54

Statutory Interpretation - Singh, G.P.Wadhwa and Co. (1992)


Principles of Legislation - Dr. Nirmal Kanthi Chakravarthi and Legislative
Drafting

P. St. J. Langan, Maxwell on the Interpretation of Statutes (12th ed., 1969)


Vepa P. Sarathi, Interpretation of Statutes (4th ed., 2003)
Theory of Legislation – Bentham
S.G.G. Edgar, Craies on Statute Law (1999)
Swarup Jagdish, Legislation and Interpretation
P. St. Langan (Ed.). Maxwell on The Interpretation of Statutes (1976) N.M.Tripathi,
Bombay

Paper – III

ADMINISTRATIVE LAW
Outcome :- This paper enables the students to realize the inevitable necessity of
Administrative Law and to know about the growing socio-economic functions ,
powers, duties and liabilities of the administrative authorities and also the external
constraints upon them. It makes student aware of the need of administrative rule
making, its enforcement, administrative adjudication and judicial review.

1. Introduction to Administrative Law : - Definition and scope of


administrative law – Causes for the growth of Administrative Law with
special reference to India. Difference between Constitutional Law and
Administrative Law. Droit Administratiff (French Administrative Law)
Concept of Rule of Law – Evaluation of Dicey’s Theory. Doctrine of
separation of powers - Anatomy of Administrative Actions : Quasi
legislative Action – Quasi judicial Action – Administrative Action –
Ministerial Actions – Administrative Instructions: - Administrative Discretion
– Judicial behavior and administrative discretion in India.
2. Rule-Making Power of the Administration (Quasi-legislative action) –
Reasons for the growth of Administrative rule making action - Delegated
Legislation. Classification of Administrative Rule making power or
Delegated Legislation. Constitutionality of Administrative Rule making
action or Delegated Legislation. – Control Mechanism of Administrative
Rule making action or Delegated Legislation in India - Legislative Control –
Procedural Control – Judicial Control – Adjudicator Power of the
55

Administration - Need for Administrative Adjudication. – Court of Law and


Administrative Agency, exercising adjudicatory powers. – Problems of
Administrative Adjudication. – Needs of Administrative decision making –
Statutory Tribunals. – Domestic Tribunals. – Practices and Procedure of
Administrative Adjudication – Rule against Bias. – Audi Alteram partem or
the Rule of Fair Hearing. – Reasoned Decisions. – Post-decisional Hearing –
Exception to the rules of natural justice.
3. (A) Judicial Review of Administrative Action – Principles – Remedies
against Administrative Action – Public Law Review (Constitutional
Remedies) – Jurisdiction of the Supreme Court under Art. 32 and 136. –
Jurisdiction of the High Courts under Art. 226 and 227. – Against whom writ
can be issued. – Locus standi to challenge Administrative Action. – Laches or
unreasonable delay. – Alternative remedy, Res – judicata – Finality of
Administrative Action – (B) Judicial Review of Administrative Action –
Modes – Remedies against Administrative Action – Public Law Review
(Constitutional Remedies) – Writ of Certiorari – Writ of Prohibition – Writ
of Mandamus – Writ of Quo-warranto – Writ of Habeas-corpus
Private Law Review ( Statutory Remedies) – Injunction – Declaration –
Suit for damages – Administrative action for the enforcement of Public
Duties – Public Interest Litigation or Social Action Litigation: - Nature and
Purpose – Locus Standi – Procedure; Complexities and Problems. – Class
Actions.
4. Liability of the Administration: - Liability of the Administration in Contract
– Constitutional Provisions and the Development of the concept of liability.
– Liability of the administration in Tort. – Privileges and immunities of the
Administration in suits. – Privilege of Notice – Privilege to withhold
documents. – Immunity from Statute operations. – Immunity from Estoppel.
Promissory Estoppel – Change of Policy decision of the Government –
Statutory and Non-Statutory Public undertakings: - Relative Merits and
Demerits of various organizational forms of Public enterprises. – Statutory
Public Corporations-Control devices. – Government Companies.
5. Citizen and the Administrative Faults: - Ombudsman-Development in U.K.,
U.S.A. and in India. – Central Vigilance Commission.- Lokpal and
Lokayuktha in India – Constitutional Protection of Civil Servants and the
Administrative Service Tribunals: - Service Rules- Doctrine of Pleasure. –
Constitutional Safeguards to Civil Servants – Procedural Safeguards. –
56

Administrative Service Tribunals. – Relevant provisions of Administrative


Tribunals Act, 1985.
Prescribed Readings:
1. H.W.R. Wade, Administrative Law. : (Claredon Press-Oxford)
2. Jain & Jain, Principles of Administrative Law : (N.M. Tripathi)
3. Cases and Materials Administrative Law. : Indian Law Institute
4. Dr.A.T. Markose, Judicial Control of
Administrative Action in India. :
5. I.P. Massey Administrative Law : (Eastern Book Company)
6. Dr.N.K. Jayakumar, Administrative Law. :
7. Constitution of India Relevant Chapters :
8. Halsbury’s Laws of England
(IV Ed. Re-issue Vol. 1 pp. 1-376) :
9. Thakwani C.K. Administrative Law :
10. S.P.Sathe, Administrative Law :
11. J.F. Garner and B.L. Jones, Garner’s
Administrative Law : (Butterworths 1985)

12. Tapash Gan Choudhary, Penumbra of


Natural Justice : (Eastern Law House 1997)
13. Steven J. Cann Administrative Law : (Sage publications 1995)
14. Schwartz, Administrative Law : (Little Brown and Company
1991)
16. S.H. Bailey., R.L. Jones and A.R.Mowbrav:
Cases and Materials on Administrative Law : (Sweet and Maxwell 1992)
17. Neil Hawke: An introduction to
Administrative Law : (ESC publishing, Ltd.1993)
18. Peter Cane, An Introduction to
Administrative Law : (Clarendon Press Oxford
1987)
19. Genevra Richardson and Hazel Genn:
Administrative Law and Government
Action : (Clarendon Press Oxford
1994)
20. Craig P.P Administrative Law (1999)
57

Paper – IV

LAW OF EVIDENCE
Outcome :- This paper inculcates the students with the knowledge of law relating
to different types of evidence and the process of courts in proceedings in courts to
equip them to practise the profession.

1.Introduction: Distinction between substantive and procedural law, Evidence in


customary law systems, Introduction to the British ‘Principles of Evidence’- Salient
features of the Indian Evidence Act, 1872, 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: Facts connected with
facts in issue, Doctrine of Res-gestae; SS 6, 7,8 and 9 of Evidence Act, Evidence of
Common Intention, Sec.10, Relevancy or otherwise irrelevant facts- Facts to prove
right or custom (sec-13)-Facts concerning state of mind/state of body or bodily
feelings (SS. 14 and 15) –Relevancy and admissibility of admissions, privileged
admissions- evidentiary value of admissions (SS. 17 to 23).

2.Relevancy and admissibility of confessions: Admissibility of information


received from an accused person in custody, Confession of co-accused (SS. 24 to
30), Admitted facts need not be proved (58). Dying declaration: Justification for
relevance, Judicial standards for appreciation of evidentiary value-32 (1) with
reference to English Law, Other statements by persons who cannot be called as
witnesses (SS. 32(2) to (8) 33)- Statement under special, circumstances (SS. 34
to 39) Relevance of judgments: General principles, Fraud and Collusion (SS. 40
to SS. 44) Expert testimony: General principles (Sec. 45-50), who is an expert,
Types of expert evidence, Problems of judicial defence to expert testimony –
Forensic Evidence and use of expert scientific witness in criminal and civil
proceedings – scope of forensic evidence in civil and criminal cases –
evidenciary value of forensic evidence.

3.Character evidence: Meaning – Evidence in Civil & Criminal cases (SS. 52-
55), Oral and Documentary Evidence. Introduction on Proof of facts, General
58

principles concerning oral Evidence (59-60), General principles concerning


documentary Evidence (61-90), General principles regarding exclusion of oral
evidence by documentary evidence (SS. 91-100)

4.Burden of Proof: - The general concept of onus probandi (SS. 101), General
and Special exception to onus probandi (SS. 102-106)- The justification of
presumption and burden of proof (SS. 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 (SS. 115), Estoppel distinguished from Resjudicata, Waiver
and Presumption, Kinds of Estoppel- Equitable and Promissory Estoppel,
Tenancy Estoppel (Sec. 116)

5.Witness – Examination and Cross Examination: Competence to testify (SS.


118 to 120), Privileged communications (121 to 128), General principles of
examination and cross examination (SS. 135 to 166), Leading questions (141-
145), Approver’s testimony (SS.133), Hostile witnesses (SS. 154), Compulsion
to answer questions (147, 153), Questions of corroboration(156-157), Improper
admission of evidence.
Prescribed Readings: (With amendments)
1. Ratanlal – Indian Evidence Act (Wadhwa and Co.)
2. P.S. Achudhan Pillai – Law of Evidence
3. Vepa .P.Sarathi – Elements of Law of Evidence
4. Dr.Avtar Singh – Law of Evidence
5. Ratanlal and Dhiraj Lal – The Law of Evidence (Wadhwa and Co.
1988)
6. Sarkar – Law of Evidence
7. Batuklal – Law of Evidence
8. Woodroff and Amir Ali – Law of Evidence
9. Umadetan.B – Forensic Medicine
10. Manson .J.K. – Forensic Medicine for Lawyers
11. Sharma.B.R. – Forensic Science in Criminal Investigation.
59

Seventh Semester
Paper – I

INFORMATION TECHNOLOGY LAW


(OPTION – I)
Outcome : - This paper creates awareness on Information Technology, legal issues
relating to the jurisdiction in cyber space, internet contract, cyber crimes, and civil
and criminal remedies.
1. Introduction – Fundamentals of Cyber Space – Understanding Cyber Space
– Interface of Technology and Law Defining Cyber Laws – Global trends in Cyber
Law – Jurisdiction in Cyber Space – Concept of Jurisdiction – Internet Jurisdiction
– Indian Context of Jurisdiction – International position of Internet Jurisdiction
Cases in Cyber Jurisdiction
2. . e-commerce- Legal issues – Legal Issues in Cyber Contracts – Cyber
Contract and IT Act 2000 – The UNCITRAL Model law on Electronic Commerce –
3. Intellectual Property Issues and Cyberspace – The Indian Perspective –
Overview of Intellectual Property related Legislation in India – Copyright law &
Cyberspace – Trademark law & Cyberspace – Law relating to Semiconductor
Layout & Design
4. Understanding Cyber Crimes – Defining Crime – Crime in context of
Internet –Actus Reus and Mens Rea – Types of crime in Internet – Computing
damage in Internet crime – Indian Penal Law & Cyber Crimes – Fraud – Hacking –
Mischief - Trespass – Defamation – Stalking – Spam - Obscenity and Pornography
– Internet and Potential of Obscenity – Indian Law on Obscenity & Pornography –
International efforts – Changes in Indian Law
5. Penalties & Offences – Under the IT Act – Offences under the Indian Penal
Code – Investigation & adjudication issues – The Evidence Aspect in Cyber Law
- Applicability of the Indian Evidence Act on Electronic Record – Prescribed
Legislations – Information Technology Act, 2000 – Information Technology Rules,
2000 – Cyber Regulation Appellate Tribunal Rules, 2000 - The Indian Penal
Code, 1860 - The Indian Evidence Act, 1872 – Bankers Book Evidence Act.1891 –
Reserve Bank of India Act, 1934

Prescribed Readings: (With amendments)


60

1. Farooq Ahmed, Cyber Law in India, Pioneer Books, New Delhi-110009


2. Vakul Sharma, Information Technology Law and Practice, Universal, Delhi :
3. Dr. A Prasanna, Cyber Crimes, Law & Cyber Security, Institute of Management in
Government, Thiruvananthapuram
4. Arun Baweja, Information Technology and Development, Kalpar Publication, Delhi
5. P.S. Yivek Shane, Banerjee, Science and Society, Himalaya Publishing House,Bombay
6. Ashok Korde, A. Sawant, Science and Scientific Method, Himalaya Pub. House,
Bombay
7. B.B.Batra, Information Technology,Kalpar Publications, Delhi
8. Nandan Kammath, Guide to Information Technology Act. University Law Pub.Co.
Delhi-33
9. Suresh T. Viswanathan, The Indian Cyber Laws, Bharat Law House, New Delhi-83.
10.Ankit Fadia and Jaya Bhattacharjee, Encryption-Protecting your Data
11.P. Narayan, Intellectual Property Law, Eastern Law House, New Delhi
12.Vijay kumar. NA – Cyber laws for every netizen in India
13.UNESCO, The International Dimensions of Cyber Space Law
14. D.P. Mittal, Law of Information Technology
15. Paras Diwan (Ed.), Cyber and E-Commerce Laws

PAPER – I
COMPETITION LAW (OPTION-II)
Outcome:- This paper provides students the framework for the establishment of
competition commission, to prevent monopolies and to promote competition in the
market, to protect the freedom of trade for the participating individuals and the
entities in the markets.

1. CONCEPTS: Competition, market (geographical and product), perfect


competition, monopoly, oligopoly, competition policy and competition law.
2. PURPOSE OF COMPETITION POLICY AND LAW: THEORIES
Competition and Regulation, Classical theory, Neo-Classical theory, Chicago
School, the Neo Austrian School and Harvard School.
3. HISTORY OF REGULATION OF COMPETITION IN INDIA
Constitutional vision of social justice, Sachar Committee, MRTP Act-Salient
features and its amendment in 1991, Raghavan Committee Report, Competition Act
61

2002. Fundamental basis of competition policy in India in comparison with Anti-


trust law and anti-cartel law,
4. REGULATION OF COMPETITION IN MARKET UNDER COMPETITION
ACT 2002: In the background of MRTP Act, US and UK Law: (i)Anticompetitive
Agreements-Horizontal and vertical restraints - (ii) Abuse of Dominant Position
(iii) Regulation of combination – (iv) Penalties and Damages
5. REGULATORY STRUCTURE (i) COMPETITION COMMISSION OF
INDIA: Original Provision under the Competition Act 2002 and the controversy,
the amendment in 2007 and the bifurcation; constitution of the CCI, powers and
functions, jurisdiction of the CCI; adjudication and appeals; independence and
accountability of the CCI and its members. (ii) DIRECTOR GENERAL (iii) CCI
& OTHER REGULATORY BODIES COMPETITION ADVOCACY - AN
INTERNATIONAL COMPETITION LAW - Competition Agreement under
WTO - Future initiatives, challenges. - Legislations – MRTP Act – Competition
Act, 2002
Prescribed Books:
1. Competition Law in India – T.Ramappa.
2. Competition Act, 2002- Law and Practice. Suresh T.Vishwanathan.
Reference Books:
1. Competition Law-Emerging Trends—P.Satyanaraya Prasad
2. Competition Act, 2002.
3. Piet Jan Slot and Angus Johnston, An Introduction to Competition
Law ( Oxford and Portland, Oregon),chapter 1.
4.Einer Elhauge and Damien Geradin, Global Competition Law and Economics (
Oxford and Portland, Oregon) Chapter Chapter 1, 2.A, 3.A
S.M. Dugar, Commentary on MRTP Law, Competition Law & Consumer
Protection Law, Wadhwa Nagpur
Martyn Taylor, International Competition Law: A New Dimension for the WTO
(Cambridge University Press, 2006).

Paper – II

PROPERTY LAW
Outcome :- This paper gives students an idea about the concept of property, the
nature of property rights and the general principles governing transmission of
62

property between living persons and the law relating to sale, mortgage, lease,
exchange, gift, actionable claims and easement.
1. Concept of property, Kinds of property, Intellectual property, General principles
of transfer, Definitions of immovable property notice, transferability of property,
Effect of transfer, Rules against inalienability and restriction on enjoyment by
transfers - Conditional transfers, Transfer to unborn persons, Rules against
perpetuity and accumulation of income. Transfer to a class vested and
contingent interests, condition precedent and condition subsequent.
2. Doctrine of Election , Apportionment - Covenants running with land - Transfer
by Ostensible owners and doctrine of Estoppel Transfer by limited owner,
Improvement effected by bona fide purchaser, Transfer to defraud creditors,
Doctrines of lis-pendens and part-performance.
3. Sale of Immovable Property – Sale - meaning and scope of sale and contract for
Sale – Rights and liabilities of seller and buyer - Marshalling – Discharge of
encumbrance on sale.
4. Mortgage – Different types of mortgages and their distinctions, Rights and
liabilities of Mortgagor and Mortgagee (Sec.60 to 77) Priority: Marshalling and
Contribution, Deposit in Court, Redemption : Who may sue for Redemption –
Subrogation, Tacking - Rights of redeeming co-mortgagor : Mortgage by
deposit of Title Deed, Anomalous Mortgage – Charge - Doctrine of Merger,
Notice & Tender, Floating charge – Lease – Rights and liabilities of lessor and
lessee, Termination of lease – Exchange – Scope and meaning - Rights and
liabilities of parties – Gift – Onerous gift - universal donee, Donatio mortis
causa – Actionable claims: Scope and meaning.
5. Easements – Definition – Classification and Characteristic features – Modes of
acquisition – Easement of necessity – Right to ancient light – Extinction of
easements – Easement compared with licence and lease.
Statutory Materials: (With amendments)
1. Transfer of Property Act, 1882
2. Easement Act, 1882
Prescribed Readings: (With amendments)
1. Halsbury’s Laws of England (IV Ed. Reissue Vol. 1 pp. 1-127, Vol. 35 pp.721
-770, Vol.32 pp. 181-474.
2. D.F.Mulla : Transfer of Property Act
3. M.Krishna Menon : Law of property
4. Sukla : Law of Property
63

Paper – III

PRINCIPLES OF TAXATION LAW


Outcome :- This paper provides students a conceptual understanding of both direct
and indirect taxation laws, GST Regime and policies, the knowledge on the
chargeability of tax on different sources of income, skill to solve the commercial
and individual tax issues.
1. Basics – Concept, nature and types of taxes-Cannons of taxation-
Distinguish between tax and fee, tax and cess-Constitutional principles on taxation-
Interpretation of taxing statutes-Incidence & impact of tax-Casual income-Tax
evasion, tax avoidance and tax planning-Double taxation-Surcharge.
2. Income tax- General – Definitions- Income tax Act,1961-Previous Year,
Assessment Year, Financial Year, Persons, Agricultural Income tax-Residential
status of individual, HUF, firm, association of persons, co-operative societies and
non-residents-Exemptions-S.10-Deductions-S.80-Rebate-Deemed income and
clubbing of income –carry forward and set of off losses- capital receipt & revenue
receipt- capital expenditure & revenue expenditure.
3. Income tax-Specific – Heads of income-income from salary-house
property-business & profession-capital gain and other sources-Assessment
procedure-types of assessment- Income tax authorities, functions, duties and
powers- Settlement of Grievances and Prosecution-Calculation of gross total and
taxable income- tax rebate and computation of tax liability-tax collection at source
and advance tax.
4. GST Regime – Goods and Service Tax - evolution and concept-relevant
constitutional provisions-The Central Goods and Services Tax Act,2017-Dual GST
Model-distinguish between CGST, Integrated GST (IGST) ,State GST (SGST) and
Union Territory GST (UTGST)-GST Council-GST levy on transactions-sale,
transfer, purchase, barter , lease or import of goods and services-GSTN-Goods and
services tax network portal, Tax invoice-GST on imports and exports- GST
exemption on the sale and purchase of securities, Securities Transaction Tax (STT)-
benefits of GST on trade, industry, e-commerce and service sector and for the
whole society-GST effects upon GDP, inflation and State revenue .
5. The Kerala Agricultural Income Tax Act, 1991-Charging provisions,
Assessment, collection and remedies-principles of valuation-Kerala state GST Act,
2017- The Kerala State GST (Amendment) Ordinance ,2018- Distinguish between
GST and VAT- Reason for the repealing of wealth tax and further alternative.
64

Prescribed Readings: (With amendments)


1. Taxmann’s Income Tax Act,60th edition (New Delhi, Taxmann publications
pvt. Ltd, 2017)
2. Sumit Dutt Majumder, GST in India, 2nd edition (New Delhi, Centax
Publications pvt ltd, 2017)
3. Arvind P Datar, Kanga and Palkhivala’s The Law and Practice of Income Tax,
10th edition (Nagpur lexis nexis, 2014).
4. Kailash Rai, Taxation laws, 2018 (Allahabad law agency)
5. Dr. S R Myneni,Principles of taxation and tax laws (Allahabad law agency,
2014)
6. Pinaki Chakraborty, GST in India (Orient Black Swan,2019).
7. Rakesh Garg, Handbook of GST in India, Concept and procedure
(Bloomsbury, 2016).

PAPER IV
DRAFTING, PLEADING AND CONVEYANCING
(Practical paper – I )
Outcome :- This paper helps the students to develope an understanding about the
basics of pleadings and conveyancing and in turn to advance justice and to prevent
multiplicity of proceedings and also to inculcate the habit of self-study among
students. It also gives an accurate understanding about the art of drafting pleadings
and of composing all documents and it assists the students in their endeavour to
enter active practice.

This paper shall be taught through class room instructions and simulation exercises.
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).
The above-mentioned drafting of Pleadings and Conveyancing exercises shall be in
the handwriting of the students on the Record. The Record 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. There shall be a
contents page. At the end of the semester, the student shall appear for a viva voce,
65

which shall carry 10 marks. Viva- voce examination shall be conducted by a panel
of two senior teachers other than the teachers in charge of the subject.

I Drafting: - General principles of drafting and relevant substantive rules.

II Pleadings: - Pleadings in General – Object of pleadings -Fundamental Rules


of Pleadings
A. Civil:
1 Plaint
2. Written Statement
3. Interlocutory Application
4. Original Petition
5. Affidavit
6. Execution Petition
7. Memorandum of Appeal
8. Memorandum of Revision
B. Petition under
1. Article 226 and
2. Article 32 of the Constitution of India.
C. Criminal:
1. Complaints
2. Criminal Miscellaneous petition,
3. Bail Application and
4. Memorandum of Appeal and Revision.
D. Forms of Pleadings: Practical exercise on the following topics:
1. Suit for recovery under Order XXXVII of the Code of Civil Procedure 1908
2. Suit for Permanent Injunction
3. Application for Temporary Injunction under Order 39 Rules 1 and 2 of the
Code of Civil Procedure, 1908
4. Application under Order 39, rule 2-A of the Code of Civil Procedure, 1908
5. Suit for Ejectment and Damages for Wrongful Use and Occupation.
6. Petition for Restitution of Conjugal Rights under S. 9 of the Hindu
Marriage Act, 1955
7. Petition for Judicial Separation under S. 10 of the Hindu Marriage Act,
1955
66

8. Petition for Dissolution of Marriage by Decree of Divorce under S. 13 of


the Hindu Marriage Act, 1955
9. Petition for Dissolution of Marriage by Decree of Divorce under S. 13B (1)
of the Hindu Marriage Act, 1955
10. Petition for Grant of Probate in High Court
11. Petition for Grant of Letters of Administration
12. Contempt Petition under Ss. 11 and 12 of the Contempt of Courts Act,
1971 before the High Court
13. Writ Petition under Article 226 of Constitution of India
14. Caveat under s. 148-A of the Code of Civil Procedure, 1908
15. Special Leave Petition (Civil) under Article 136 of the Constitution of
India
16. Counter Affidavit in Special Leave Petition (Civil)
17. Application for Bail
18. Application for Grant of Anticipatory Bail
19. Complaint under Section 138 of the Negotiable Instruments Act, 1881
20. Application U/S. 125 of the Code of Criminal Procedure, 1973
21. Special Leave Petition (Criminal) under Article 136 of the Constitution of
India
22. Complaint under the Consumer Protection Act, 2019
23. Version to the Complaint under the Consumer Protection Act, 2019
III. Conveyancing:
A. Conveyancing in General
Object of Conveyancing
Component parts of a deed
B. Forms of deeds and notices: practical exercise on the following topics: (any
fifteen)
1. Agreement
2. Exchange
3. Sale Deed
4. Mortgage Deed
5. Lease Deed,
6. Gift Deed
7. Promissory Note
8. Receipt
9. Licence
10. Power of Attorney- General and Special Power of Attorney
67

11. Will.
12. Relinquishment Deed
13 Partnership Deed
14 Deed of Dissolution of Partnership
15 Hire-Purchase Agreement
16. Settlement Deed
17. Notice
18. Partition
19. Rectification deed
20. Trust.

Viva-Voce examination
Viva voce examination will test the understanding of legal practice in relation to
Drafting, Pleading and Conveyancing. – Students shall keep a record for the
practical work done by them

Prescribed Legislation:
The Code of Civil Procedure, 1908,
Kerala Civil Rules of Practice, 1971
The Code of Criminal Procedure, 1973
Kerala Criminal Rules of Practice,1982

Prescribed Book:
1. M.C. Agarwal and G.C. Mogha, Mogha’s The Law of Pleadings in India
2. J.M. Srivastava and G.C. Mogha, Mogha’s The Indian Conveyancer
3. K.Mony and K.Usha Legal Drafting (2010)

Recommended Books
1. M.R. Mallick, Ganguly’s, Civil Court: Practice and Procedure
2. C.R. Datta and M.N. Das, De Souza’s, Forms and Precedents of Conveyancing
3. N.S. Bindra, Conveyancing, Vol 1-5, Law Publisher, Allahabad
68

Eighth Semester
Paper – I

LAW OF BANKING AND NEGOTIABLE INSTRUMENTS


(OPTION – I)

Outcome :- This paper makes the students familiar with the development of bank and
banking system in to a vital socio- economical institution in the modern age. It reveals the
evolutionary effect on banking structure, policies, patterns and practices. Moreover it makes
clear that the new emerging dimensions including e- Banking and e-Commerce are essential to
cope with the modern scenario. It also provides Legal aspect of various negotiable instruments,
structure and functions of Reserve Bank of India.

1. Indian Banking Structure: Origin - Evolution of Banking Institutions -


Types and functions of banks - Commercial banks – functions - Banking companies
in India - Central Banking: Organizational Structure of RBI - Major functions of
the Reserve Bank - Bank of Issue - Banker to the Government - Bankers Bank-
Lender of the Last Resort - Regulation of money and monetary mechanism –
Domestic and Foreign currency - Credit Control - Exchange control - Fixation of
bank rate policy formulation - Control function of RBI over Banking and Non
Banking Companies
2. Banking Regulation Act, 1949 – Control over State Bank of India, UTI,
IDBI, RRBs, Local Banks, NABARD and other Financial Institutions – An
Overview - The role of banking institutions in the socio-economic development of
the country- priority sector and Credit Guarantee Scheme – Social Control of Banks
– Nationalization of Banks – Priority lending – Protection of Depositors –
Promotion of underprivileged classes – Development work and participation in
national economy – Narasimham Committee Recommendations – 21st century
reforms and technological revolution in Banking Industry.
3. Negotiable Instruments - Kinds - Holder and holder-in-due-course -
Parties, Negotiation, Assignment, Presentment, Endorsement, Liability of parties,
Payment in due course, Special rules of evidence, Material alteration, Noting and
protest.
4. Banker and customer Relationship: Definition of banker and customer,
General relationship, Special relationship, Banker’s duty of secrecy, banker’s duty
to honour cheques, banker’s lien, banker’s right to set off, Appropriation of
payments, Garnishee order, Customer’s duties towards his banker, Paying banker
69

and collecting banker, Bills in sets, Penal provisions under NI Act, Banker’s Book
Evidence Act.
5. Opening of New Accounts: Special types of customers, Minor’s A/C, Joint
A/C, Partnership A/C, Company’s A/C, Married women’s A/C, Trust A/C, Joint
Hindu family A/C, Illiterate persons, lunatics, executors, Precautions required in
case of administrators, clubs, societies and charitable institutions to open an
account. Ancilliary Services and e-banking: Remittances – General, DD, MT, TT,
Traveller’s cheques, bank orders, credit card, debit/smart cards, safe deposit vaults,
gift cheques, stock invest e-banking: Definition – e-banking includes, Internet
banking, mobile banking, ATM banking, computerized banking, e-banking
services: retail services, wholesale services, e-cheque-authentication, Cyber
Evidence, Banking Ombudsman – Employment of funds: Loans and Advances,
Guarantees, Advances secured by Collateral securities, Agency Services- Financing
of Exports, Special Banking Services, Advances to Priority Sectors and Credit
Guarantee schemes, Securitisation Act, 2002.
Prescribed Books:
1. M. L. Tannan – Law of Banking
2. Khergamvala – Negotiable Instruments Act – M. S. Parthasarathy (Ed.)
3. Justice Bhaghabati Prasad Banerjee- Guide to Securitisation and Reconstruction
of financial assets and Enforcement of Security Interest Act, 2002
M.L. Tannan, Tannan’s Banking Law and Practice in India (Eighth Edition-2008),

Reference Books:
1. Avtar Singh – Negotiable Instruments Act.
2. Basu – Review of current banking theory and practice, Macmilan.
3. Pagets Law of Banking – Butterworths, London.
4. L. C. Goyle – The Law of Banking and Bankers – Eastern Book Co.
5. K. Subramanyan – Banking Reforms in India
6. R. K. Talavar- Report of working group on customer service in Banks
7. S. N. Gupta – The Banking law in theory & practice.
8. G. S. N. Tripathi (Ed.) Sethi’s commentaries on Banking Regulation Act 1949
and allied Banking Laws.
9. Bashyam and Adiga – The Negotiable Instruments Act.
10. Mukherjee. T. K. – Banking Law and practice.
11. Chorley – Law of Banking
12. Paget – Law of Banking
13. Bashyam and Adiga – The Negotiable Instruments Act
70

14. Information System for Banks – Taxmann


15. Vasantha Desai and Joshi – Managing Indian Banks.
Relevant provisions of Information Technology Act, 2000

PAPER I
LAND LAWS INCLUDING TENURE AND TENANCY SYSTEMS
(OPTION - II)
Outcome :- This paper acquaint the students with the redistribution of land
ownership in favour of the cultivating class, regulation, fixity of tenure, rights of
forest dwellers, rehabilitation and re settlement laws.
1 . Land – immovable property – right to hold Land – Constitutional scheme – land
reforms – ARTICLE 31A of Constitution – scope and implications.
2 . Historical background of Kerala Land Reforms Act - fixity of tenure –
purchase o landlord’s rights by cultivating tenants – vesting of landlord’s right in
govt – right to purchase kudikidappu – Role of Land Tribunals and Land Boards
3 . Rights of forest dwellers – Objectives of Wet land laws, Kerala Land Utilization
order, Land Conservancy and Land Assignment Act – Revenue Recovery Act
4 . Right to fair Compensation and transparency in Land Acquisition, Rehabilitation
and Resettlement Act, 2013 – Rehabilitation and Re settlement laws – urban land
ceiling – Kerala Building ( Lease and Rent Control Act) Act, 1965.
Prescribed Readings:
1 . Sugathan, Land laws of kerala
2 . A Gangadharan, Law of land reforms in Kerala
3 . A Gangadharan, The laws on land in Kerala

Paper – II

LABOUR AND INDUSTRIAL LAW – I

Outcome :- This paper acquaints the students with the concept of trade unions,
procedural formalities involved in registration of trade unions, its powers and functions
and also equip the student with the concept of industry, industrial dispute and workman
and also regarding the resolution of industrial disputes, methods and agencies.
71

1.History of trade union movement – trade unions and Indian Constitution –


definition of trade union – Collective bargaining
2 Trade union movement in India – Registration of trade unions – powers and functions
of Registrar of Trade Union – cancellation of registration – rights and liabilities of trade
unions

3 Objects of trade unions – funds of trade unions – general and political – trade union
immunities – nature and scope.

4 Industry, industrial dispute and workman – meaning and definition – dispute resolution
methods and authorities – powers and functions – governmental controls.

5. Strikes, lock outs, lay offs – retrenchment and closure – legal controls- protected workman –
Standing Orders.

Statutory Materials: (With amendments)


1. Trade Unions Act, 1926.
2. Industrial Dispute Act, 1947.
Prescribed Readings: (With amendments)
1 Malhotra, Law of Industrial Disputes.
2 Indian Law Institute, Labour Law and Labour Relations.
3 K.D. Srivastava, Industrial Employment (Standing Orders) Act,1946.
4 K.D. Srivastava, Law Relating to Trade Unions and Unfair Labour Practices.
5 H.L. Kumar, Misconducts, Charge Sheets and Enquiries.
6 P.R.Bagri – Law of Industrial Disputes
7 O.P. Malhothra – Labour Law
8 Labour Law and Labour Relations – Indian Law Institute
9 V.V.Giri – Labour problems in Indian Industry
10 H.K.Saharay – Labour and Social Laws
11 Mishra – Labour and Industrial Laws

Paper – III

COMPANY LAW

Outcome :- This paper acquaint the students with the provisions of Companies
Act,2013 and the intricacies related with. It creates flexibility and simplicity in the
formation and maintenance of companies and encourages transparency and high
standards of corporate governance
72

1. Introduction –
a. Company – Definition, Nature and scope of companies.
b. Historical Evolution of Company Law – English and Indian,
c. Advantages and disadvantages of company – Independent Corporate
Personality, Limited Liability, Perpetual Succession, Right to Property,
Right to Contract, Right to sue and be sued, Professional management,
fund unauthorized, Doctrine of Lifting the corporate veil, Formality and
expenses.
d. Characteristics of companies – Common Seal
e. Comparison between Company, Partnership, Unlimited partnership and
Sole Proprietorship
f. Types of Companies – Limited and Unlimited, Limited by shares and
Guarantee Company, Public and Private Company, Holding and
Subsidiary Company, Government Company, Foreign Company, Single
person company, Associate Company etc.

2. Incorporation
a. Incorporation of Companies
b. Certificate of Incorporation
c. Memorandum of Association – contents and alteration
d. Articles of Association – contents and alteration
e. Promoters
f. Pre incorporation Contracts
g. Constructive notice and Doctrine of Indoor Management.
h. Doctrine of Ultra vires.

3. Capital
a. Share Capital, Debentures and other securities
b. Share holders and members
c. Public offer and Private allotment
d. Issue, allotment and forfeiture of shares
e. Share Certificate.
73

f. Transfer and Transmission of Shares


g. Buy back of shares and reduction of share capital
h. Prospectus – definition, contents of prospectus, Kinds of Prospectus,
Remedies for misrepresentation in prospectus.
i. Registration of Charges and Deposits

4. Corporate Management and Administration


a. Directors – position, powers and duties
b. Meetings of the company, Essential requisites of a valid meeting.
c. Audit and Auditor
d. Mergers and Acquisitions
e. Majority – Minority management – Rule of majority – Foss v Harbottle
f. Prevention of Oppression and Mismanagement
g. Inspection, Inquiry and Investigation into the affairs of a company
h. Emerging trends in corporate social responsibility.
i. Legal liability of company – civil, criminal, tortuous and environmental.
j. Compromises, arrangements and amalgamations
k. Dividends
l. Accounts of the companies
m. Revival and Rehabilitation of sick companies

5. Winding up
a. Dissolution of Companies- Types of winding up
b. Winding up by the Tribunal
c. Voluntary Winding up
d. Winding up Procedures
e. Liquidators and contributories
f. Removal of names of companies from the register of companies.
g. National Company Law Tribunal, Appellate Tribunal and Special Courts

Statutes
 The Companies Act, 2013 with latest amendments.
74

Prescribed Books:
1. Company Law by Avtar Singh
2. Guide to the Companies Act by A Ramaiya
3. Principles of Modern Company Law by L C B Gower
Suggested Readings
6. Company Law and the Competition Act by K S Anantharaman
7. Palmer’s Company Law by Palmer
8. Principles of Modern Company Law by Gower and Davies

Paper – IV

PROFESSIONAL ETHICS AND PROFESSIONAL ACCOUNTING


SYSTEM
(Practical paper – II )

Outcome :- This paper ensures the law students that professional services will be
rendered in accordance with reasonably high standards and acceptable moral
conduct. It helps the students to study and assess human behavior and also to
establish principles and moral standards of behavior.
I. Advocates as professionals: Introduction, Importance of legal profession,
Lawyers’s Role in Accelerating and facilitating the social change visualized by the
Indian Constitution, Categories of Advocates, Restrictions imposed on Senior
Advocates, Admission and enrolment of advocates, Professional opportunities,
Women Lawyers, Opportunities and Handicaps, Advocates’ right to practise, to act
and to plead – The right of pre-audience - Advocates’ duty to society, to render
legal aid, to educate and to accept public office.
Restrictions on other employment and penalty for illegal practice Trial Advocacy-
Important tools of successful advocacy- Study, preparation and presentation of
case- Art of examination (chief, cross and re-examination), Arguments on facts and
law- How to address the court. Appellate advocacy- Original side Advocates-
Supreme Court Advocates- Advocates on record- Mofussil Advocates- Retired
Judges as Advocates.
II. Professional ethics – Advocate and Client:- Acceptance of brief, withdrawal
from engagement, advocate’s role as potential witness- Duty of advocate to make
75

full and frank disclosure to client- Breach of obligation to client- Advocate to act
only on the instruction of the client- Contingent fee- Advocate’s lien for fee- Share
in claim or purchase of property sold in execution- Financial dealing between
advocate and client- Prohibition on lending or borrowing money- Prohibition on
changing of sides- Legal Profession and Strike.
III. Bar-Bench relationship-Duty towards Court: Duty to conduct himself with
dignity and self-respect and not to commit contempt of court, Avoidance of illegal
and improper means to influence decisions, Advocate not to be mere mouth piece of
client- Dress code- Prohibition on practising before relatives, Other duties, powers
and obligations of Notary public - Duty of advocates towards colleagues in the
profession:- Bar council of India Rules governing professional conduct and
etiquette, Soliciting and advertising, Professional services and name not to be used
for unauthorized practice of law, Fees not less than fees taxable under the rules,
Restriction on entering appearance without the consent of the advocate already
engaged, Advocates not to demand fees for imparting training to juniors,
Advocate’s duty to opponent counsel, Advocates duty to report disqualification.
IV. The Contempt Law and Practice :- Law of contempt of court: Meaning, nature
and categories of contempt of court, Constitutional validity of the Contempt of
Court Act, 1972, Salient features of the Act, Contempt jurisdiction of Supreme
Court, High Court and Subordinate Courts- Contempt by lawyers, judges and by
State- Contempt procedure- Punishment for contempt- Defence open to contemnor
and remedies against punishment.
V. Fifty (50) selected opinions of the Disciplinary Committees of Bar Councils
VI. Cases on Professional Misconduct:
1. Salil Dutta v. T.M. and M.C. (P) Ltd. (1993) 2 SCC 185
2. Vinay Chandra Mishra, In re (1995) 2 SCC 584
3. C. Ravichandran Iyer v. Justice A.M. Bhattacharjee (1995) 5 SCC 457
4. P.D. Gupta v. Ram Murti (1997) 7 SCC 147
5. R.D. Saxena v. Balram Prasad Sharma (2000) 7 SCC 264
6. D.P. Chadha v. Triyugi Narain Mishra (2001) 2 SCC 221
7. Shambhu Ram Yadav v. Hanuman Das Khatry (2001) 6 SCC 1
8. Pravin C. Shah v. K.A. Mohd. Ali (2001) 8 SCC 650
9. Bhupinder Kumar Sharma v. Bar Assn., Pathankot (2002) 1 SCC 470
10. Ex-Capt. Harish Uppal v. Union of India (2003) 2 SCC 45
VII. Accountancy for lawyers: - Need for maintenance of accounts- Books of
accounts that need to be maintained- Cash Book, journal and ledger Elementary
aspects of bookkeeping: Meaning, object, journal, double entry system, closing of
76

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.
Scheme of Internal/ Written Examinations.
Internal examinations should be conducted through periodical test papers – case
study / field survey/Simulation exercise –– Writing articles/Paper presentation in
seminars – problem solution - projects works on topics identified by the concerned
teacher. The distribution of marks as follows:

Marks for internal/Written examinations shall be distributed as follows

(i) Test Paper (average of two test papers) 20 marks


(ii) Project work/ dissertation writing 30 marks
(iii) Case study/comment 20 marks
(iv) Paper presentation/writing articles/problem solution 20 marks

Each student shall prepare a combined record on all Internal/written examinations


(answer sheets of two test papers are to be attached with the record) and produce
before the viva-voce board.

II. VIVA – VOCE EXAMINATION

Total marks for viva-voce examination 10 marks

Viva-voce examination shall be conducted by a panel consists of two senior


teachers other than teachers in charge of the subject.

Prescribed Legislation:
The Advocates Act, 1961
Contempt of Court Act, 1971

Prescribed Book
Mr. Krishnamurthy Iyer’s book on Advocacy.

Recommended Books
77

Bhagavati, P.N., Challenges to the Legal Profession – Law and Investment in


Developing Countries
J.B.Gandhi, Sociology of Legal Profession and Legal System (1987).
Sathe, Kunchur, Kashikar – “Legal Profession: Its Contribution to Social Change”
in 13 ICSSR
Research Abstracts Quarterly 111-127 (1984) Also see 10 Indian Bar Rev. 47-81
(1983).
K.L.Sharma “Sociology of Law and Legal Profession: Cross Cultural Theoretical
perspective”
24 J.I.L.I. 528 (1982).
A.N.Veeraraghavan “Legal Profession and the Advocates Act, 1961” 14 J.I.L.I. 229
(1972)
Upendra Baxi, “The Pathology of the India Legal Profession”, 13 Ind. Bar. Rev.
455 (1986)
K.L.Bhatia, Socio-Legal Study of Occupational Status of Law Graduates, (1994)

Ninth Semester
Paper – I

PRIVATE INTERNATIONAL LAW (OPTION – I)

Outcome :- This paper enables the students to analyse and appreciate increasing
interaction of individuals and institutions of different countries leading to conflict
between different systems of law. It also help them to understand and explain
different concepts in dealing with and solving dispute containing a foreign element.

1. Introduction - Origin and development of Private International Law –


Nature and basis of Private International Law – Fundamental concepts of Private
International Law- Choice of jurisdiction – Choice of law – Recognition and
enforcement of foreign judgment – Distinction between Private International Law
and Public International Law – Theories of Conflict of Laws – Jurisdiction of court
in cases involving foreign elements.
2. Domicile – Nationality – Residence – Property – Torts – Contracts –
Fundamental Principles of Domicile – Nationality – Property – Assignment of
movable property – Testamentary Succession ( Wills) –
78

Trusts – Torts – Proper law – Modern trends – Contracts – Formation,


interpretation, illegality and discharge.
3. Marriage- Assignment of property on marriage – Matrimonial causes and
Disputes – Divorce – Nullity of Marriage – Judicial Separation – Restitution of
Conjugal Rights - Legitimacy – Legitimation and Adoption – Guardianship
4. Doctrine of Renvoi- Theories of Renvoi – Foreign Court Theory
5. Foreign Law - Procedure and evidence-Proof of foreign law- Recognition
and Enforcement of Foreign Judgments, decrees and Arbitral Award – The limits
of Application of Foreign Law

Prescribed Books:
R.H. Graveson, Conflict of Laws
S.L. Khanna, Conflict of Laws
Paras Diwan, Private International Law
G.C.Cheshire, Private International Law
Prof.K.Sreekantan-Private International Law

PAPER I
HUMAN RIGHTS LAW AND PRACTICE (OPTION – II)
Outcome :- This paper encourages the students to work for the protection of
human rights of citizens and also for the effective implementation of Human Rights
Protection Act in to matters relating to deprivation of Human Rights, denial of
Human Rights and violation of Human Rights.
1. Human Rights: Meaning, Evolution of Human Rights: Ancient and Natural
law perspective – Natural Rights and Human Rights, Legal Right and Human
Rights, Human Rights – Classification – Human Rights and League of Nations,
Sources of International Human Rights Law – Human Rights-Importance
2. U.N. Charter and Human Rights, Universal Declaration of Human Rights
and its legal Significance. Covenants and Conventions: International Covenant on
Economic, Social and Cultural Rights, 1966; International Conventions on Civil &
Political Rights, 1966 The European Convention on Human Rights, 1950, The
American Convention on Human Rights, 1969, African Charter on Human and
Peoples Rights, The Vienna Conference on Human Rights, Convention Against
Torture and Other Cruel Inhuman or Degrading Treatment or Punishment, Rights of
the Aged.
3. Human Rights in India, Human Rights and Indian Constitution, The
Protection of Human Rights Act, 1993 Judicial activism & Protection of Human
79

Rights in India, Role of Non-Governmental organization in the Promotion and


Protection of Human Rights; Refugees
4. National Human Rights Commission, National Commission for Minorities,
National Commission for Safai karamcharis, National Commission for Women,
National Commission for Backward Classes and National Commission for
Scheduled Castes and Scheduled Tribes.
5. Human Rights of vulnerable groups – women – children – minorities –
disabled and aged persons – Contemporary challenges to Human Rights - Judicial
responses.
Acts
1. The Charter of UNO
2. The Protection of Human Rights Act, 1993
3. The Universal Declaration of Human Rights, 1948
Books:
1. Prof. S.K.Verma, Public International Law (1998) Prentice Hall of India
2. Wallace, International Human Rights, 1996 Sweet & Maxwell
3. Theodor Meron (ed.), Human Right in International Law
4. V.R.Krishna Iyer, The Dialectics and Dynamics of Human Right in India
5. S.K.Kapoor, Human Right under Int.Law & Indian Law

Paper – II

ENVIRONMENTAL LAW
Outcome :- This paper enables the students to understand the core ideas and
principles surrounding the subject of environment protection and conservation
and to equip students with the latest and futuristic developments about
international and national legal framework, policies and court practices
concerning environment protection and also inculcate them a spirit of
environmental consciousness by constantly stressing the need to balance
sustainable development with ecological conservation. This paper also equip
them to identify, assess, analyze and research sound environmental policies by
engaging them through classroom activities, workshops and seminars.
80

1. Environment – Meaning and perspective – Meaning of Environment, the


basic concepts of ecology and ecosystem, Biosphere and Biomes. Ancient and
Medieval Writings; Ancient Indian approach to Environment, Traditional approach.
Natural and Biological Sciences. Perspectives: Modern concept, Conflicting
dimensions, Anthropogenic V. Anthropocentric approaches- Recent issues relating
to Environment, Environment and sustainable development, National and
International Perspectives, Population and Developmental impact on environment.
2. Environmental Law and Policy: - An overview of Environmental Policy
during Pre & Post Independence era, present policy. The Role of Central and State
Governments – Five year Plans –Implementation of the policies. Forest Policy –
Conservation strategy – National Water Policy, National Environment Policy-
Conservation of Natural Resources and its Management. Indian Constitution and
Environment: Right to Environment, Constitutional provisions on Environment and
its Protection, Role of Judiciary on Environmental issues, Evolving of new
Principles, Absolute liability, Polluter pays principle, Precautionary principle,
Public trust doctrine.
3. International Law and Environmental Protection: - International
conventions in the development of Environmental Laws and its Policy – From
Stockholm to recent conventions (Special Emphasis on Major conventions &
Protocols) Brown and Green agreements-Multilateral environmental agreements-
Control on Marine Pollution- Common Law aspects of Environmental Protection-
Riparian rights and prior-appropriation. Relevant Provisions of I.P.C., Cr.P.C,
C.P.C, for preventing pollution.
4. The Pollution Prevention Laws:- Prevention and Control of Pollution
through Scientific methods; prevention of Water pollution- Ground water
conservation. Legal Control of Water and Air pollution; The Water Act 1974 – The
Air Act, 1981. Pollution controlling mechanisms- Modalities of control, - Noise
Pollution and its control, Noise Pollution control order. Disposal of Waste, laws on
waste, disposal and its control – Trans-boundary Pollution hazards & Regulation on
Bio-Medical Waste. Laws relating to Conservation of Flora and Fauna: Bio-
diversity and Legal regulation – Authorities under Biological Diversity Act –
Utilization of flora and fauna – Experimentation on animals; Legal and Ethical
issues. Depletion of natural resources; Genetic Engineering-legal and ethical issues.
Major provisions relating to Indian Forest Act, 1927- Wildlife Protection Act, 1972
– Forest (Conservation) Act, 1980 – Prevention of Cruelty against animals –
Problems in Legal regulation of medicinal plants – objectives of the Plant Varieties
Act – Wetland Conservation and law
81

5. Environment Protection and Legal Remedies: - Environment Protection


Act, 1986 including Environment Protection Rules- Major Notifications relating to
Coastal Zone Management, ECO-Mark, Environment Impact Assessment,
Environmental Audit, Public Participation in Environmental decision making,
Environment information, public hearing. Legal remedies for environmental
problems: Environmental Disputes and its Redressal agencies: Environmental
Tribunals, Public liability Insurance and Environment Relief Fund and remedies
under other Laws. Green Benches, National Environment Appellate Authority –
United Nations Initiatives, Civil society and environment, Role of NGO’s (National
and International level) and voluntary organizations, Funding agencies, Complex
problems in administration of Environmental Justice – Green Tribunals –
composition – Powers and functions.
Prescribed Books:
1. Armin Rosen Cranz – Environmental Law and Its Policy in India.
2. Leelakrishnan – Environmental Law in India /Cases
3. Introduction to Environmental Law – S. Shantha Kumar
Reference Books:
1. Simon ball Stuart Bell – Environmental Law.
2. Sanjay Upadhyay and Videh Upadhyay – Handbook on Environmental Laws
3. Environmental Law – Dr.S.R.Myneni.
4. Relevant Bare Acts/Notifications.
5. Environmental Protection an Policy in India, Kailas Thakur
6. Law Relating to Environmental Pollution and Protection, Dr. H. Maheswara
Swami
7. Environmental Law, Susan Wolf and Anna White
8. National ( Environmental ) Tribunal Act, 1995
9. National Green Tribunal Act, 2010

Paper – III

LABOUR AND INDUSTRIAL LAW – II

Outcome :- This paper provides an insight into the labour laws dealing with
employment, wages, bonus, working conditions and also laws regulating social
security measures covering maternity, sickness, occupational diseases, payment of
Gratuity, provident fund etc.
82

1. Concept of social security-Social security in ancient times-role of


International Labour Organisation- India and ILO-modern concept of social
security-social security in India - Administration of ESI scheme- ESI Corporation-
standing committees-medical benefit council-Benefits-E.S.I fund-Liability of the
employer – Compulsory state insurance-benefits in the event of sickness-maternity
and employment – payment of contribution-role of medical board-adjudication of
dispute
2. Employer’s liability to pay compensation – conditions – liability of
employer-personal injury arising out of and in the course of employment-principles
to decide the quantum of compensation-liability of the principal employer –
Payment of compensation – nature and extent – Notional extension of time and
place of employment- powers of Workmen’s Compensation Commissioners
3. Gratuity benefit s to the workers- eligibility-rate of gratuity-forfeiture etc –
Compulsory Contributory provident fund-provident fund and pension scheme-
authorities for the implementation of the scheme- national and state boards, their
powers and duties-recovery of amount due from the employer – Benefits entitled to
women workers-maternity benefits- eligibility-leaves- nursing breaks-complaints to
inspectors
4. History of bonus in India- bonus commission- kinds of bonus Payment of
bonus-computation-sums deductible from gross profits-eligibility and extend of
bonus-disqualifications to receive bonus-minimum bonus-deductable amounts from
bonus etc – Responsibility for payment of wages-Fixation of wage periods-
Deduction & fines-Authorities & adjudication of claim. Fixation & revision of
minimum wages-Powers of appropriate government advisory committee and
Board- payment of minimum wages – Prevention of exploitation of labour –
Living, fair and minimum wages to workers- statutory minimum wages- fixation-
minimum rates of wages-responsibility of the employer-authorised deductions-
payment of wages authority.
5. Approval, Licensing & Registration of factories – Health, safety and
welfare measures relating to employees working in factories-definition of factory-
formalities and requirements to start factory-control of hazardous processes-
working hours, holidays, overtime wages, annual leave with wages etc of workers-
prohibition of employment of children in factories- their working hours etc
protection of workers engaged in dangerous manufacturing process-penalty for
offences –exemption of liability of the manager or occupier-obligation of workers-
Authorities & their powers.
83

Statutory material (With amendments)


The Workmen’s’ compensation Act, 1923
Employee’s State Insurance Act, 1948
Employees Provident Fund Act,1952
Maternity Benefit Act, 1961
Employees Liability Act, 1936
Payment of Bonus Act, 1965
Minimum Wages Act, 1948
Payment of wages Act, 1936
Fatal Accidents Act, 1976
Payment of Gratuity Act, 1972
Factories Act, 1948
The Employee’s Compensation (Amendment) Act, 2017
Employees’ Provident Fund and Miscellaneous Provisions Act, 1952.

Prescribed Readings:
1. S.C. Srivastava, Social Security Laws, Eastern Book Co. (Latest Edition)
2. Victor George, Social Security and Society.
3. Harry Calverty, Social Security Law.
4. Julian Fulbrook, Law and Worker Social Security.
5. R.N. Choudhary, Commentary on the Workmens’ Compensation Act,1923, Orient
Publishing Co. ((Latest Edition).
6. KD. Srivastava, The Payment of Bonus Act,1965,Eastern Book Company ((Latest
Edition)
7. R.G. Chaturved, Law of Employees Provident Funds, Bharat Law House (2000).
8. P.R.Bagri – Law of Industrial Disputes
9. O.P. Malhothra – Labour Law
10. Labour Law and Labour Relations – Indian Law Institute
11. V.V.Giri – Labour problems in Indian Industry
12. H.K.Saharay – Labour and Social Laws
13. Mishra – Labour and Industrial Laws
84

Paper – IV

ALTERNATIVE DISPUTE RESOLUTION SYSTEMS


(Practical paper – III )
Outcome :- This paper gives the students an idea to settle the issues amicably by
way of various ADR Systems such as arbitration, conciliation, mediation,
negotiation, compromise, settlement, and lok-adalat which helps in reducing the
burden of the courts.

The students are required to study:


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
85

UNIT-VI
Provisions of Legal Services Authorities Act 1987- Lok Adalat practice in kerala

Scheme of Evaluation

1.INTERNAL/ WRITTEN EXAMINATION – 90 MARKS


Marks for internal /written examinations shall be distributed as follows
(i) Test paper (average of two test papers) 20 marks
(ii) Role play (Report of the Role Play shall be submitted in writing)
30 marks
(iii) Survey/Field study 20 marks
(iii) Participate and report on Lok Adalat conducted by 20 marks
KELSA or Legal Aid Clinic of the Law College
Each student shall prepare a combined record on all Internal /written examinations
(answer sheets of two test papers shall be attached with the record) and produce
before the viva-voce board.

2. VIVA – VOCE EXAMINATION – 10 MARKS


Viva-voce examination shall be conducted by a panel consists of two senior
teachers other than teachers in charge of the subject.

Prescribed Books:
Sridhar Madabhushi, Alternative Dispute Resolution, 2006, Lexis Nexis
Butterworths, New Delhi.
Rajan R.D., A Primer on Alternative Dispute Resolution, 2005, Barathi Law
Publications, Tirunelveli.
Reference Books:
1. Sampath D.K., Mediation, National Law School, Bangalore.
2. Gold Neil, et.al., Learning Lawyers Skills, (Chapter-7)
3. Michael Noone, Mediation, (Chapters-1,2&3)
86

Tenth Semester
Paper – I

TRADE IN INTELLECTUAL PROPERTY


(Option I)
Outcome :- This paper enhances the ability of law students to instill the concepts
of Intellectual Property and articulate the different Intellectual Property Rights
and understand the intricacies of the IP laws and also equip the students in all
aspects of IP lawyering

1. Nature of intellectual property: - International Character of Intellectual


property - Commercial Exploitation of Intellectual property - Intellectual Property
and Economic Development - Patent Law: - Patent - Object of Patent Law -
Patentable Invention - Patent a source of Technical information - How to obtain
Patent - Objection to Grant of Patent - Rights and Obligations of Patents - Register
of Patents and Patent Office - Transfer of Patent Right - Revocation and Surrender
of Patents - Infringement of Patents and Proceedings - Offences and penalties.
2. Trade Mark: - What is Trade Mark? - Forms of protecting Trade Mark and
Goodwill Certification of Trade Marks - Property in Trade Mark and Registration -
Licensing of trade mark and registered users - Different terms of protecting trade
marks and Goodwill - passing off - Service marks - Infringement, Threat and
Tradelabel - Assignment and Transmission - Deceptive Similarities
3. Copyright: - Definition of copyright - Object of copyright, Nature of
Copyright - Subject matter of Copyright - Rights conferred by copyright -
Assignment, Transmission and relinquishment of copyright - Infringement of
Copyright - Remedies against infringement of Copyright - Copyright Office,
Copyright Board, -
Registration of Copyright & Appeal - Copyright societies - Rights of Broadcasting
Organisation & Performers - Copyright and International Law
4. Industrial Designs: - Subject matter of Designs - Novelty and originality,
Registration of designs - Registration of design and Rights thereof - Infringement of
copyright in a design - Civil remedies against piracy and defences - Suit for
injunction and recovery of damages
5. Confidential information and Breach of confidence: - Protection of
confidential information - Action for breach of confidence - Industrial and trade
secrets – Remedies - Application of LPR in Agriculture, Biotechnology and
87

Biodiversity – Conservation, challenges and legal solutions - Bio-technology and


patent protection - Plant genetic resources in nature. The value of genetic diversity -
Evolution of plant protection systems in international community-Farmers and
breeders rights-Legislative initiatives. - Intellectual Property and Conservation of
traditional knowledge.
Prescribed Readings: (With amendments)
1. Copy right of Trade Mark and GATT. Taxman.
2. P. Narayanan, Patent Law, Second Edn., Eastern Book Co.
3. W.R. Cornish, Intellectual Property, I Edn., Universal Book Co.
4. Hillary, a person of Clifford Miller, Commercial Exploitation of
Intellectual Property, Universal Book Traders(1994).
5. Beier, F.K., R.S., Crespi, J. Straus. Biotechnology and Patent protection
(1986) Oxford and IBH Pub. Co.
6. Vandana Shiva Ingunn Moser (Edn.) Bio-politics (1996).
7. Jayashree Watal, Intellectual property and WTO in the Developing
countries, 2000, OUP.
8. Suman Sahai Ed. Bio-resources and Biotechnology, Policy Concerns for
the Asian Region (1999) Gene Compaign.
Paper I
LOCAL SELF GOVERNMENT INCLUDING PANCHAYAT
ADMINISTRATION (Option II)
Outcome :- This paper realizes the students the necessity to strengthen
decentralization and local self government in order to contribute to the local good
governance in India and also to foster research in decentralization and local self
government.
1. Meaning, Nature, Characteristics of Local Self Government
Advantages and disadvantages of local self government-Constitutional provisions
2. Evolution of Local Self Government in India - (i) Lord Ripen's
Resolution - (ii) Royal Commission - (iii) Community development programme,
National Extension Service - (iv) The Balvantrai Mehta committee report - (v) The
Vasantrao Naik committee report
3. Panchayat Raj - Gram Sabhas, Establishment and constitution of
panchayats - Constitution of Panchayats at Different Levels- Delimitation of
Constituencies- State Election Commission-Preparation of Electoral Rolls-
Qualifications and Disqualifications-Conduct of Elections-Disputes Regarding
Election- Corrupt Practices and Electoral Offences- Provision Relating to Members
and President of Panchayats- Meetings, Powers, Functions, Duties and Property of
88

Panchayats-Officers and Employees of Panchayats-Finance Commission and Its


Powers- Functions of the Government- Finance and Taxation- Public Safety,
Convenience and Health-Buildings - Registration of Private Hospitals and
Paramedical Institutions-Right to Information-
4. Municipalities - Composition - Qualification and disqualification
of membership - Election to the Muncipalities - Functions of Muncipalities
5. Finance Commission on Panchayat and Municipalities-Ombudsman for
Local Self Government Institutions- Tribunal for Local Self Government
Institutions
Prescribed Readings: (With amendments)
1.The Kerala Panchayat Raj Act 1994
2. The Kerala Muncipality Act 1994
3. Local Government in India, Venkata Rangaiya
4. Local Government in Crisis, William A. Robson
5. Local Government in Ancient India, Radha Kumud- Mookerly
6. Proposal For Model Legislation for Municipal Corporation IIPA

Paper – II
Criminology and Penology
(Option I)
Outcome:- This paper provides the students a thorough knowledge about the
scientific study of the nature, extent, management, causes, control, consequences,
and prevention of criminal behavior, both on the individual and the social level and
also about the principles, theories and methods of punishment in relation to crimes.
1. Nature and Scope of Criminology: - Inter relation between Criminology,
Penology and Criminal Law - Criminal Law and its nature and elements - Concept
of Crime – Intention and Motive - Importance of Criminology - Schools of
Criminology: - Pre – classical School of Criminology - Classical School - Positive
School - Clinical School of Criminology - Sociological School of Criminology -
The New Criminology -
2. Causation of Crime: - Mc. Naughten Rule - Insanity Under Indian Criminal
Law - Bio-Physical Factors and Criminality - Freud’s theory of Criminal
Jurisprudence - Conflict Theory of Crime - Sociological Theory of Crime: -
Multiple factor approach to crime causation - Mobility, Culture, Conflict, Family
background - Political ideology, religion and crime influence of media, economic
89

condition - Temptative Theory of Crime: - Crime as a product of social


disorganization – Socio Cultural Pattern and Criminal Behaviour
3. Organised Crimes: - Main characteristics of Organised crime - White collar
crime: - Definition - Contributing Factors – White-Collar Crime in India - Whiter
Collar Crime in Professions - Alcoholism, Drug Addiction and Crime: - Main
causes of drug addiction – classification of Indian law.
4. Penology - Theories of Punishment - Essential of an ideal Penal System -
Penal Policy in India - Capital Punishment:- euthanasia.
5. Police system – Development of police organization – legal functions of
police – women police – criminal law courts – Lok Adalats – Legal Service
Authority Act, 1987 – object of criminal trial – Functions of criminal courts –
Prison administration – prison discipline – prison labour – Jail reform committees –
prison reforms – problems of under trial prisoners - bar against handcuffing –
solitary confinement – custodial torture in prisons.
Prescribed Readings;
1. Prof. N.V. Paranjape – Criminology and Penology
2. Ahmad Siddique – Criminology and Penology.

Or

Women and the Law


(Option II)
Outcome :- This paper makes familiar with the issues commonly associated with
notions of women’s right to bodily integrity and autonomy, to be free from sexual
violence, to hold public office, to have equal rights in family law, to work, to fare
wages or equal pay, to have reproductive rights, to education etc.
1. Status of Women in Indian Society:- Rights of the women under the
Constitution-Women Reservations in Election Local Bodies – Directive
Principles and Women – Right to Women to Economic Development -
Personal Laws and Gender Justice – Uniform Civil Code
2. Women and Criminal Law: - Offences relating to Marriage - Cruelty by
husband or his relatives for dowry - Outraging the modesty of women – Police
Atrocities - Custodial Rape – Sexual harassment - Legislation on Criminal
Traffic - Prevention of Immoral Traffic and Women: - Rehabilitative and
Remedial Provisions
3. Law relating to Dowry Prohibition: - Dowry Prohibition Act, 1961 - Dowry
death and dowry suicide
90

4. Women and Industrial Law: - Equal Remuneration for Men and Women -
Welfare and Safety of Women in Industrial law
5. Women and Special Laws: - Women’s Commission - Family Court Act, 1984
- Indecent Representation of Women ( Prohibition ) Act, 1986.
Prescribed Readings:
Prof. N.V. Paranjape – Criminology and Penology
Ahmad Siddique – Criminology and Penology.
John Hogan - Modern Criminology
G.B.Reddy - Women and the Law
Katherine S. Williams - Criminology
Sutherland and Cressey - Principles of Criminology
Michael Doherty - Criminology
George B. Vold - Theoretical Criminology
Relevant Provisions of the Constitution ( with amendments)
“ Hindu Marriage Ac, 1955
“ Adoption and Maintenance Act, 1956
“ Maternity Benefit Act, 1961
“ Dowry Prohibition Act, 1961
“ Family Court Act, 1984
“ National Commission for Women Act, 1990
“ Protection of Human Rights Act, 1993
“ Muslim Women’s (Protection of Right on
Divorce) Act, 1986
“ Muslim Women’s (Protection of Right on
Marriage) Act, 2019

Paper – III

PUBLIC INTERNATIONAL LAW


Outcome:- This paper provides students thorough knowledge of various aspects of
Public International Law so as to equip them to solve the issues of Public
International Law in academic level as well as in the field of advocacy.
1.Basic Aspects of International Law;: Nature and basis of International Law,
definition of International Law, Relationship between Muncipal Law and
International Law, Sources of International Law - State as subject of International
Law: essentials of statehood - not fully sovereign states and other entities - right
91

and duties of states - modes of acquisition and loss of state territory - state
responsibility.
2.Recognition : Concept of recognition - theories, kinds and consequences of
recognition - state succession - Equitable resource utilization and justification: law
of sea, air and outer space - common heritage of mankind.
3.State jurisdiction: Basis of jurisdiction - sovereign immunity, diplomatic
privileges and immunities.
4.Treaties: Making of Treaty - Reservations to treaty, Pacta sunt servanda, modes
of termination of treaty.
5.UNO, Principles and Purpose of UNO, Security Council , General Assembly,
ECOSOC - Trusteeship Council, ICJ - World Trade Organization- International
Labour Organization
Prescribed Books:
J G Starke, An Introduction to International Law
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
Malcolm N.Shaw- International Law

Paper – IV

MOOT COURT EXERCISE, OBSERVANCE OF TRIAL, INTERVIEWING


TECHNIQUES AND PRE-TRIAL PREPARATIONS
(Practical paper – IV )

Outcome :- This paper helps the students learn to analyse legal issues and to
understand the practical side of practising law and equip the students with the
tactics of framing issues from a given detailed hypothetical or imaginary fact
scenario. It also enhances the talent to rehearse arguments, identify weaknesses,
sharpen reflexes, and deepen knowledge of the cases.
This paper will have three components of 30 marks each, and the fourth component
will be a viva-voce examination for 10 marks.
92

1. Moot Court (30 Marks)

Every student will do at least 3 (three) moot court in a year with 10 marks for each.
Each moot court work will be on assigned problem and it will be evaluated as
follows:

1.1 Written submissions : 5 marks


1.2 Oral advocacy : 5 marks
2. Observance of Trial in two cases (30 marks)
2.1 One Civil case : 15 marks
2.2 One Criminal case : 15 marks

Students shall attend two trials in the course of the last two or three years of law
course. They will maintain a record and enter the various steps observed during
their attendance on different days in the court assignment.
3. Interviewing techniques and Pre-trial preparation (30 marks)
3.1 Two interviewing sessions of clients : 15 marks
3.2 Observation of the preparation of documents and court papers : 15 marks

Each student will have to observe 2 (two) interviewing sessions of clients at the
Lawyers’ Office/Legal Aid Clinic and record the proceedings in a diary which will
carry 15 marks. Each student will further observe the preparation of documents and
court papers by the Advocate and the procedure for the filing of the suit/petition.
This will be recorded in the diary which will carry15 marks.

4. Viva Voce examination on all the above three aspects (10 marks)
Viva voce examination shall be conducted by a panel consists of two senior
teachers other than teachers in charge of the subject.

Internship – Each student shall have completed minimum of 20 weeks 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, Local Self Government
and other such bodies where law is practised either in action or in dispute resolution
or in management.
Provided that 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
93

academic period with Trial and Appellate Advocates. Internship shall be done
without affecting the regular classes.
Each student shall keep internship diary and the same shall be evaluated by
the Guide in Internship and also a Core Faculty member.

External Viva-voce examination in the Tenth semester shall be conducted by the


Board of Examiners constituted by the University.

Moot court exercise, 100 100


Observance of Trial,
Interviewing techniques and
Pre-trial preparations - (Practical
paper – IV)
Internship 50 50
External Viva voce 50

Pattern of Question Paper for Law subjects - 2020 Admission onwards


Reg. No……………
Name………………
……………………..SEMESTER LL.B DEGREE EXAMINATION………………………..
Paper…………………………………………
Time : 3 hours Max Marks:80
PART -A
Answer any Six questions not exceeding 50 words each. Each question carries 2 marks
1)
2)
3)
4)
5)
6)
7)
8)
(6x2 =12 Marks)
94

PART –B
Answer any four questions not exceeding 150 words each. Each questions carries 5 marks
1)
2)
3)
4)
5)
6)
(4x5 =20 Marks)
PART – C
Answer any four questions. Each questions carries 6 marks
1)
2)
3)
4)
5)
(4x6 =24 Marks)
PART – D
Answer any two questions. Each questions carries 12 marks
1)
2)
3)
(2x12 =24 Marks)

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