I and II Sem
I and II Sem
DEGREE COURSE
I SEMESTER:
1. CONSTITUTIONAL LAW-I
Objectives:
The purpose of the course is to acquaint the students with the idea that the Indian
Constitution is a normative Constitution with value aspirations. The Indian Constitution
envisages establishing a justice system with legal technique. The basic postulate of
Constitution like the Constitutional Supremacy, Rule of law and concept of liberty are
emphasized in this paper. Exhaustive analysis of Fundamental Rights and committed
approach to Directive Principles would from the essence of the course.
UNIT-I
Meaning and Definition of Constitution: kinds of Constitution, Constitutionalism, Silent
features of Indian Constitution.
Preamble: Meaning, Scope. Importance, Objectives and Values enshrined in the Preamble.
Citizenship-Modes of acquisition and termination.
UNIT-II
State: Definition under Article 12, New Judicial trends in concept of State Action need for
widening the definition.
Definition and Meaning of Law: Pre-Constitutional and Post-Constitutional Laws, Doctrine
of Severability and Doctrine of ecplise, Judicial Review and Article 13.
Equality and Social Justice: General equality clause under Article 14, New concept of
equality Judicial interpretation on Equality.
UNIT-III
Protective Discrimination and Social Justice under Article 15 and 16, New Judicial trends on
Social justice, Constitutional Provisions on untouchability under Article 17.
Right to freedom: Freedom of speech and Expression, Different dimensions – Freedom of
Assembly, Association, Movement and Residence, Profession, Occupation, Trade or
Business, Reasonable restrictions.
UNIT-IV
Right to the Accused: Ex-post facto Law- Double jeopardy – Right against self-incrimination
(Article 20). Rights of the arrested person, Preventive Detention Laws (Article 22), Right to
Life and Personal Liberty, Various facets of Life and Liberty (Article 21), Right against
exploitation, Secularism-Freedom of Religion, Judicial interpretation, Restrictions on
freedom of religion.
UNIT-V
Cultural and educational rights of minorities – Recent trends – Right of Constitutional
Remedies: Article 32 and 226 – kinds of writs Rights to property (prior to 1978 and the
present position), Directive Principles of State Polity and Fundamental Duties- inter relation
between fundamental rights and directive principles.
Prescribed Books:
1. V.N. Shukla- Constitution of India
2. M.P. Jain- Indian Constitutional Law
Reference Books:
1. H. M. Seervai- Constitutional Law of India
2. T. K. Tope- Constitutional Law
3. D. D. Basu Shorter Constitution of Inda
4. S. Shiva Rao – Framing of Indian Constitution
5. Subash C. Kashyap – Parliamentary Procedures
6. Subash C. Kashyap – History of Indian Parliament
7. R. C. Agarwal – Constitutional Development and National Movement
8. A. B. Keith- Constitutional History of India.
9. D.J. De- The Constitution of India Vol. I and II
2. CONTRACT-I: GENERAL PRINCIPLES OF CONTRACTS
Objectives:
Contracts are at the basis of majority of transactions especially transactions dealing with the
property. Whether the transaction is in the ordinary course of life or in the electronic world
(e-commerce) the general principles governing contracts remain same. For this reason it is
very important to introduce the students to the basic principles governing contracts and lay a
powerful foundation for their study of other transactional and related laws in higher
semesters.
Course contents:
UNIT – I
Formation of Contract – Agreement and Contract – Definitions – Classification - Offer and
Acceptance – Communication – Revocation – Essential elements – Invitation to Offer –
Tenders.
Consideration – Nudum Pactum - Essential elements – Privity of Contract and of
Consideration – Exceptions – Unlawful Consideration and its effect. Contractual Ability –
Electronic Contract
UNIT – II
Capacity to Contract – Minor’s Agreements and its effects – Persons of unsound mind –
Persons disqualified by Law.
Free Consent – Coercion - Undue influence – Misrepresentation – Fraud – Mistake – Legality
of Object – Void Agreements– Contingent Contracts.
UNIT – III
Modes of Discharge of Contracts Time and place of performance – Performance of reciprocal
promises - Appropriation of Payments – Discharge by Agreement – By operation of Law –
By frustration (Impossibility of Performance) – By Breach (Anticipatory and Actual).
UNIT – IV
Remedies for Breach of Contracts – Damages – Kinds of damages - Remoteness of damages
– Ascertainment of damages - Quasi Contracts.
UNIT – V
The Specific Relief Act- Sections 9-16, Sec. 21, Sec. 24 Sec. 36-42.
Nature of Specific Relief- Recovery of possession of movable and immovable property-
Specific performance when granted and not granted- Who may obtain and against whom-
Discretionary remedy – Power of Court to grant relief – Rectification of instruments –
Cancellation- Declaratory decrees- Preventive relief- Temporary injunctions- perpetual and
Mandatory Injunction.
Prescribed Books:
1. Avtar Singh- Law of Contracts, 2013
Reference Books:
1. Pollock & Mulla- Indian Contract Act
2. Smith, Stephen A and P. S. Atiya- Introduction to the Law of Contract
3. G. C. Cheshire and Fifoot- Law of Contract
4. William Anson- Law of Contract
5. Henry Maine- Ancient Law.
3. LAW OF TORTS
Objectives:
This course is designed to study the principles of Tortious liability, the defences available in
an action for torts, the capacity of parties to sue and be sued and matters connection there
with. Further, this course is designed to study specific torts against the individual and
property. With rapid industrialization, inadequacy of the law to protect the individual is
exposed. An attempt shall be accorded to the individuals against mass torts and industrial
torts. Keeping in the expensive character of judicial proceedings the students should reflect
on the alternative forms, and also the remedies provided under the Consumer Protection Act,
1986.
Course contents:
UNIT-I
Evolution of law of torts- Nature and scope of law of torts- Meaning- Torts distinguished
from Contract- Crime- Development of Ubi jus ibi Remedium- Mental elements-Intention,
Motive, Malice in Law and in Fact.
UNIT-II
General Defences, Vicarious Liability.
UNIT-III
Negligence, nuisance, absolute and strict liability, legal remedies, awards remoteness of
damage.
UNIT-IV
Torts against person: Torts affecting body- Assault, Battery, Mayhem and False
Imprisonment; Torts affecting reputation-Libel and Slander, Torts affecting freedom-
Malicious Prosecution, Malicious Civil Action and Abuse of Legal Process; Torts affecting
domestic and other rights-Marital Rights, Parental Rights, Rights to Service, Contractual
Rights, Intimidation and Conspiracy; Torts against property.
UNIT- V
Silent features of Consumer Protection Act, 1986, who is consumer, defecting goods,
deficiency in services, medical services, remedies to consumers, consumer disputes redressed
agencies, limitation for filing complaints and penalties.
Silent features of Motor Vehicle 1988. Liability without fault in certain cases, insurance of
Motor Vehicles against third party risk, claims tribunal, offences, penalties and procedure.
Prescribed Books:
Ratanlal and Dhirajlal- Law of Torts. 26th ed.
Singh Gurubax- Law of Consumer Protection. Jaiour.
Reference Books:
Winfield and Jolowicz- Tort .
Hepple and Mathews- Tort: Cases and Materials
Baxi Upendra and Danda Amita- Valiant victims and Lethal Litigation-The Bhopal Case,
1990 Salmond- On Torts.
Avtar Singh - The law of Torts.
D. N. Saraf - Law of Consumer Protection in India.
4. FAMILY LAW-I: HINDU LAW
Objectives:
The course is designed to endow the students with knowledge of both the codified and
uncodified portions of Hindu Law. The course concerns itself with the sources, schools,
institutions, succession, maintenance, menaces of dowry, etc.
Course contents:
UNIT – I
Concept of Dharma - Sources of Hindu Law – Modern and Ancient – Importance of
Dharma Shastra on Legislation – Mitakshara and Dayabaga Schools of Hindu Law -
Application of Hindu Law.
UNIT – II
Marriage and Kinship - Evolution of the Institution of Marriage and Family- Law Prior to
Hindu Marriage Act -A detailed study of Hindu Marriage Act, 1955 -Matrimonial Remedies -
Maintenance and Alimony; Customary Practices and legislative provisions relating to dowry
prohibition.
UNIT – III
Hindu undivided family – Mitakshara Joint Family - Formation and Incidents - Property
under both Schools – Kartha: His Position, Powers, Privileges and Obligations - Debts –
Doctrine of Pious Obligation - Partition and Reunion –Religious and Charitable Endowment.
UNIT – IV
Inheritance and Succession - Historical perspective of traditional Hindu Law relating to
Inheritance - A detailed study of Hindu Succession Act, 1956. Stridhana- Woman’s Property
- Recent State and Central Amendments to Hindu Succession Act; Gifts and Testamentary
Succession – Wills.
UNIT – V
Law relating to Hindu Minority and Guardianship: Kinds of Guardians; Duties & Powers of
Guardians; A detailed study of Hindu Adoption and Maintenance Act, 1956; Maintenance:
Traditional Rights and Rights under Hindu Adoption & Maintenance Act 1956.
Prescribed Books:
Paras Diwan – Modern Hindu Law
Reference Books:
John D. Mayne – Hindu Law Usages
Mulla – Principles of Hindu Law
Paras Diwan – Law of Adoption, Ministry Guardianship’s custody
J. D. M. Derrett – Hindu Law – Past and Present.
5. CRIMINAL LAW-I: INDIAN PENAL CODE
Objectives:
This course is designed to understand the meaning of crime, methods of controlling
them and the essential principles of criminal liability by a study of a range of offences under
the Indian Penal Code.
Course contents:
UNIT – I
General Principles of Crime; Conceptions of Crime; Distinction between Crime and other
wrongs under common Law
Principles of criminal liability – Actus reus and mens rea (also statutory offences) and other
maxims; Variations in liability – Mistake, intoxication, compulsion, legally abnormal
persons; Possible parties to the crime: Principal in the I degree; Principal in the II degree;
Accessories before the fact; Accessories after the fact.
Indian Penal Code: General Explanation, Section 1-5, Sections 6,7,21-30, 32- and Section 52
and 52A; Punishment, Sections 53 – 55A, 63,64,65, Section 73-75.
UNIT – II
General Exceptions: Sections 76 – 106; Abetment: Sections 107 – 120; Criminal Conspiracy:
Sections 120A & 120B; Offences against State: Sections 121 – 130; Offences against the
public tranquility: Sections 141 – 160; Difference between Section 34 and 149, Offences
relating to election; Contempt of lawful authority and public servants (brief discussions):
Sections 170 – 190;
False evidence Section 191-197, 208-212 Offences relating to coins and Government Stamps:
Sections 230 – 240 and 263A; Public nuisance and private nuisance relating to religion
Section 295-298.
UNIT – III
Offences affecting human life Sec. 299-311, Hurt Common Grievous hurt, wrongful restraint,
wrongful confinement, criminal force and assault,
UNIT – IV
Kidnapping, Abduction Sexual offences, Rape: custodial rape, marital rape Sec. 375-377.
Offences against to property, theft, robbery and dacoity, criminal misappropriation of
property, Criminal breach of trust, receiving of stolen property, cheating fraudulent deeds and
dispossession of property.
UNIT – V
Mischief (Sections 425 – 440) - Criminal Trespass (Sections 441 – 462) - Offences relating to
document and property marks (Sections 463 – 480) - Offences relating to marriage (Sections
493 – 498 A) - Defamation (Sections 499 – 502); Criminal intimidation and annoyance and
attempt to commit such offences (Sections 506 – 511).
Prescribed Books:
Rathanlal and Dhirajlal: Indian Penal Code.
Kenny’s Outlines of English Criminal Law.
References Books:
K. D. Gaur - A Text Book on the Indian Penal Code
P. S. Achuthan Pillai - Criminal Law.
Glanville Williams – Criminal Law
6. ENGLISH
Objectives:
English is a forceful language with a rich vocabulary that can make a positive impact
on the outcome of a case. Knowledge of English is essential to understand the precepts,
principles and underlying meaning of the Law. Some judgments may come in vernacular
language at the lower courts, but the importance of English both at the loser and higher courts
cannot be denied. A budding lawyer with a good command over the regional as well as
English language can become a competent judicial officer as well as a successful lawyer. So
the need of the hour is to perform well in the field of law.
The prose test introduces a student to the nuances of the legal profession and the
social responsibilities of a lawyer. The syllabus also aims to strengthen the basic features of
the English language, as well as the importance of vocabulary and their usage.
Comprehension of unseen passages helps to understand important ideas and paves the way
for logical thinking. Translation is an intellectual and demanding task, as it fine-tunes the
drafting skills and facilitates learning as well. Translations of old vernacular legal documents
are vital for the outcomes of a case.
UNIT-I
1. Law and Lawyers-M.K. Gandi.
UNIT-II
1. Articles, Parts of Speech/their usage, same word used as different parts of speech.
2. Identification of errors.
3. Types of sentences, transformation of sentences
4. Change of voice.
5. Reported Speech.
6. Idioms.
7. Legal Words and their usage.
UNIT-III
Applied writing.
1. Paragraph writing.
2. Report writing/Press report.
3. Precis writing, Summarizing
4. Essay Writing.
5. Cohesive devices.
6. Comprehension passages.
7. Letter writing.
UNIT-IV
Professional writing:
1. Petitions.
2. Notices.
3. Refutation.
4. Essay writing in topic of legal interest.
5. Comprehension legal content.
6. Legal words and their usage.
7. Use of Cohesive legal devices.
UNIT-V
Translation:
1. Principles of translation.
2. Translation exercises (Translation from legal texts and decided cases.)
Test and Reference Books
1. The law and lawyers by M.K. Gandhi, complied and edited by S.B. Kher, Navajivan
Publishing House Ahamedabad.
2. Contemporary English Grammer, David Green, Macmillan Ltd.
3. Legal Language and writing and General English by S.C. Tripathi. Central Law
Publications.
4. Wern and Martin English Grammar and Composition.
II Semester
1. CONSTITUTIONAL LAW-II
Objectives
This course gives the students a picture of Constitutional Parameters regarding the
organization powers and functions of the various organs of the Government. The emphasis is
also on the study of the nature of federal structure and its functioning. A critical analysis of
the significant judicial decisions is offered to highlight judicial restraint, judicial activism and
judicial balancing. Finally, the students should be able to articulate their independent views
over contemporary crucial Constitutional issues
UNIT-I
Federal system: Organisation of State.
Relationship between the Center and the State: Legislative, Financial and Administrative, Co-
operative Federalism and recommendation of Commission.
Freedom of Trade and Commerce, Official Language, Local self-government with special
emphasis on 73rd and 74th Amendment.
Constitutional provision of Jammu and Kashmir (Art. 370).
Special provisions relating to specific states (Articles 371-A to 371-J)
UNIT-II
Executive: Centre and State; President and Governor; powers and functions.
Parliament and State Legislature: Bicamercalism, Composition, powers and functions.
Councils of Ministers: collective responsibility, position of Prime Minister and Chief
Minister.
UNIT-III
Speaker: Parliament and State Legislature, Posers and Functions, Privileges Anti-Defection
Law.
Judiciary: Union and State, appointment, powers, jurisdiction and Transfer of judges.
UNIT-IV
Subordinate Judiciary, Administrative Tribunals.
Public Service Commission: services under the center and the state, Constitutional protection
to Civil Servants.
Election Commission: Powers and functions.
State liability for Torts and Contract.
UNIT-V
Emergency: Types, Effects and effects on Fundamental Rights.
Constitutional Interpretation
Amendment: Basic structure theory.
Schedules.
Review if working of the Constitution.
Prescribed Books
Jain M.P. Constitutional Law
Reference Books:
Seervai H,M, Constitutional Law of India
Singh M.P.ed., V.N. Shukla’s Constitution of India.
T.K. Tome-Constitutional Law
S.Shiva Rao-Forming og Indian Constitution
2. CONTRACT-II
Objectives:
In the society wherein all major ventures are getting corporatised, a law student
should acquaint himself with the knowledge of special contracts apart from equipping himself
with general principles of contract. This law is contained in several legislations apart from the
Indian Contract Act. This course equips the students to better appreciate the legal services
required in a corporate office so that he can enhance his relevance as a lawyer in society.
Course contents:
UNIT – I
Contract of Indemnity –Definition, Nature and Scope - Rights of indemnity holder –
Commencement of the indemnifier’s liability – Contract of Guarantee – Definition, Nature
and Scope – Difference between contract of indemnity and Guarantee – Rights of surety –
Discharge of Surety – Extent of Surety’s liability – Co-surety.
UNIT – II
Contract of Bailment – Definition – Kinds – Duties of Bailer and Bailee – Rights of
Finder of goods as Bailee – Contract of pledge – Definition – Comparison with Bailment –
Rights and duties of Pawnor and Pawnee
UNIT – III
Agency – Definition – Creation of Agency – Kinds of Agents – Distinction between
Agent and Servant – Rights and Duties of Agent – Relation of Principal with third parties –
Delegation – Duties and Rights of Agent – Extent of Agents authority – Personal liability of
Agent – Termination of Agency.
UNIT – IV
Indian Partnership Act – Definition – Nature, Mode of determining the existence of
Partnership – Relation of Partner to one another – Rights and duties of partner – Relation of
partners with third parties – Types of partners – Admission of partners – Retirement –
Expulsion – Dissolution of Firm – Registration of Firms.
UNIT – V
Sale of Goods Act – The Contract of sale – Agreement to sell - Conditions and
Warranties – Passing of property – Transfer of title – Performance of the Contract – Rights of
Unpaid Seller against goods – Remedies for Breach of Contract.
Prescribed Books:
Avtar Singh - Law of Contract
J. P. Verma - The Law of Partnership in India
Saharay H. K - Indian Partnership and Sale of Goods Act
Krishnan Nair - Law of Contract
Hire Purchase Act
Reference Books:
Pollock and Mulla - Indian Contract Act
Anson - Law of Contract
Avtar Singh - Sale of Goods Act
Mulla - Sale of Goods Act
S. D. Singh and S. P. Gupta - Law of Partnership.
3. LABOUR LAW-I
Objectives:
In this course, the students are to be acquainted with the Industrial relations
framework. Further, the importance of the maintenance of Industrial peace and efforts to
reduce the incidence of Strikes and Lockout are to be emphasized. The main objective is to
critically examine the provisions in the Trade Unions Act, 1926; the machineries
contemplated under the provisions of the Industrial Disputes Act 1947 for the prevention and
settlement of Industrial Disputes and other matters. Further, the objectives underlying the
Industrial Employment (Standing Orders) Act, 1946 and Disciplinary Enquiry for
Misconduct are to be studied with a view to acquaint misconduct and the procedure to be
followed before imposing punishment for misconduct alleged and established.
Referring wherever necessary to the Constitutional provision and the ILO conventions
and recommendations will do learing of these legislations. We will be looking ar the judicial
response, legislative response and probable amendments required to the industrial relations
laws to meet the challenges posed by the economic liberalization. In order to understand the
above mentioned legislations in their proper perceptive, a brief historical background of these
legislations will also be examined.
In this course, students shall also acquaint with legal frame-work relating to Social
Security and welfare. The concept of social security, its importance and also Constitutional
basis for the same are introduced. The importance of ensuring health, safety and welfare of
the workmen, social assistance and social insurance schemes and the regulation of wages
under various legislations are to be emphasized. The objective is also to understand the
provisions of the Employees Compensation Act, 1923, the Employees State Insurance Act
1948, The Payment of wages Act, 1936, The Factories Act, 1948, These legislations are to be
studied with a view to acquaint the students regarding various rights and benefits available to
the workmen thereunder. Legislations are to be analysed by examining historical background,
objectives underlying these legislations, judicial interpretations and effectiveness of these
legislations in the changed economic policies.
Course contents:
UNIT-I
Historical aspects- Master and Slave Relationship, Trade Unionism in India and UK-
Enactment of the Trade Unions Act, 1926- ILO Conventions relating to Trade Unions and
relevant Constitutional provisions.
A Bird’s eye view of the Act- Definitions – Trade Union, Trade Dispute, etc.,
Provisions relating to registration, withdrawal and cancellation of registration- Funds of
Trade Union, Immunities, Problems of Trade Union, Amalgamation of Trade Union
Recognition of Trade Unions, Methods, needs and efforts in this regard, Collective
Bargaining Meaning methods, statutes of collective bargaining settlements, collective
bargaining and liberalization.
UNIT-II
Historical Background and Introduction to the Industrial Disputes Act, 1947,
Definitions Industry, Workman, Industrial Dispute, Appropriate Government, etc.,
Authorities/Industrial Dispute resolution machinery- Works committee, Conciliation and
Board of Conciliation- Powers and Functions, Court of Inquire, Grievance Settlement
Authority.
Voluntary Arbitration U/S 10-A, Compulsory adjudication- Government’s powers of
adjudication- composition, qualification, Jurisdiction, powers of adjudication authorities,
Award and settlement- Definition period of operation, binding nature and Juridical review of
award.
UNIT-III
Law relating to regulation of strikes and lockouts- Definition of strikes and lockouts,
Analysis with reference to Judicial interpretations, Regulation U/Ss 22, 23, 10-A(4-A), and
10 (3), Illegal strikes and lockouts, penalties. Regulation of jobs losses- concepts of Lay-off,
Retrenchment, Closure and Transfer of undertakings with reference to statutory definition
and Judicial Interpretations- Regulation of jobs losses with reference to the provision of
chapter V A and V B of the ID Act, 1947 – Regulations of managerial prerogatives-Ss 9A,
11A, 33 and 33A of ID Act 1947- Certified standing orders- Meaning and procedure for
Certification, Certifying officers- Powers and Functions, etc.
UNIT-IV
Concept and importance of social security- Influence of ILO- Constitutional mandate.
The Employees Compensation Act 1923- Definitions- employee, employer, dependent,
partial disablement, total disablement etc.- Employer’s liability for compensation –
Conditions and Exceptions- Procedure for claiming compensation. Computation of
Compensation. Commissioner- Jurisdiction, Powers, etc.
The Employees State Insurance Act, 1948 –Definitions –Employment injury,
contribution, dependent, employee, principal employer, etc., Employees State Insurance
Funds- contribution, Benefits council—Composition, powers, Duties-Adjudication of
Disputes ESI courts. Comparative analysis of the ESI Act 1948 with the Employees
Compensation Act, 1923.
UNIT-V
The Payment of Wages Act, 1936- Definitions- employed person, factory, industrial
and other establishment, wages, etc- Deducations- Authorities, Inspectors and Payment of
Wages Authority.
The Factories Act, 1948- Definition – Factory, manufacturing process, occupier,
worker, haxardous process, etc. Provisions of the Factories Act relating to health, safety and
welfare of workers- provisions relating to Hazardous process- Provisions relating to working
conditions of employment- Working Hours, Weekly leave, Annual leave facility- Provisions
relating to regulation of employment of women, children and young persons,
Prescribed Books,
1. S.C. Srivastava- Industrial Relations and Labour Laws
2. V.G. Goswamy- Labour Industrial Laws
3. S.N. Mishra- Labour and Industrial Laws,
4. S.C. Srivastava, Treatise on social security
5. The Trade Unions Act, 1923
6. The Industrial Dispute Act, 1947
7. The Industrial Employment (Standing Orders) Act, 1946
8. The Employees, Compensation Act 1923
9. The Employees State Insurance Act, 1948
10. The Payment of Wages Act, 1936
11. The Factories Act, 1948
Reference Books:
1. Malhotra O. P - Industrial Disputes Act Vol. I and II.
2. G. Ramanujam- Indian Labour movements.
3. P.L. Malik- Industrial Law.
4. Mamoria and Mamoria- Dynamics of Industrial Realtions
5. First National Labour Commission Report, 1969
6. Second National Labour Commission Report, 2002
7. International Labour Conventions and Recommndations.
4. PROPERTY LAW
Objectives:
The focus of this course in on the study of the concept of ‘Property’, the ‘nature of
property rights’ and the general principles governing the transfer of property. A detailed
study of the substantive law relating to particular transfers, such as sale, mortgage, lease,
exchange, gift and actionable claims will also be undertaken. The course also includes an
exposure into the concept of trust.
Course contents:
UNIT – I
General principles of Transfer of Property by Act of parties inter- vivos- Concept and
meaning of immovable property- Transfer Immovable Property- Persons Competent to
transfer - Operation of Transfer- Conditions restraining alienation and restrictions repugnant
to the interest created- rule against perpetuity and exceptions- Direction for accumulation-
Vested and Contingent interest. Void conditions, Rule of acceleration, fulfillment of
conditions subsequent.
UNIT – II
Doctrine of election- transfer by ostensible and co-owner- Apportionment- Priority of
rights- Rent paid to holder under defective title- Improvements made by bonafide holder-
Doctrine of Lis pendens- Fraudulent transfer and part-performance.
UNIT – III
Mortgages of Immovable property: Definition- Kinds of mortgages and their features-
Rights and liabilities of mortgagor and mortgagee- Priority of securities- Marshalling and
contribution- Charges.
UNIT – IV
Sale of immovable property: Rights and liabilities of seller and buyer before and after
completion of sale- Difference between sale and contract for sale; Leases of immovable
property: Definition- Scope- creation of lease- rights and liabilities of lessor and lessee-
Determination and holding over; Exchange: Definition and mode- Actionable Claims; Gifts:
Scope- meaning- mode of transfer- universal gifts- onerous gifts.
UNIT – V
Law of Trusts with Fiduciary Relations: Definitions of Trust and its comparison with
other relationships like Debt, Ownership, Bailment, Agency and Contract; Kinds of Trusts-
Creation of Trust- Appointment of Trustees- Duties and Liabilities of Trustees- Rights and
Powers of Trustees- Disabilities of Trustee- Rights and Liabilities of the Beneficiary-
Vacating the office of trustee and Extinction of Trusts.
Prescribed Books:
Mulla – Transfer of Property Act, 1882.
M. P. Tandon – Indian Trust Act.
Reference Books:
Subbarao – Transfer of Property
Shah – Principles of the Law of Property
Shukla – Transfer of Property Act
Menon – Property Law
M. P. Tandon – Indian Trust Act.
5. FAMILY LAW –II: MOHAMMEDAN LAW AND INDIAN SUCCESSION
ACT
Objectives:
The knowledge of family laws is important for lawyers. This course is designed to
endow the students with knowledge of both the codified and uncodified portions of
Mohammedan Law. The course concerns itself with the sources, schools, institutions,
succession, maintenance, menace of dowry, etc. In addition the students have to familiarize
themselves with the provisions of the Indian Succession Act.
Course contents:
UNIT-I
Development of Islamic Law: Advent of Islam & development of Muslim Law,
Schools of Islamic Law, Who is a Mohammaden, Conversion and its consequences on
family: Marriage, Guardianship, Succession; Child and Family: the Shariat Act, 1937;
sources of Islamic Law Concept of Marriage: Definition, object, nature, essential
requirements of a Muslim marriage, classification of marriage - Legal effects of valid, void
and irregular marriage - Muta marriage; Customary practices and State regulation: Polygamy;
Child marriage; Option of Puberty Dower; Kinds of Dower; Dower when confirmed;
Widow’s Rights of retention
UNIT-II
Parentage Legitimacy and acknowledgement of paternity Custody, maintenance and
education, Guardianship and parental rights. Matrimonial Remedies under Islamic Law and
Indian Dovorce Act, 1869 (Amended Act)- Modes of Talak- Effects of Talak- Iddat- Nullity
of marriage- Bar to matrimonial relief; Alimony and Maintenance: Alimony and Maintenance
as an independent remedy- A review under Muslim law, Indian Divorce Act, 1869,
Provisions under the Crimnal Procedure Code, 1973; Maintenance of divorced Muslim
Women under the Muslim Women(Protection of Rights on Divorce) Act, 1986.
UNIT-III
Will-Meaning, Limitations on a Mohammaden in making a will; Difference between
will and gift, Will made in death bed or during illness; Gifts (Hiba): Essentials of Valid Gift;
Kinds of HIba; Revocation of Gifts; Wakf; Essentials of valid wakf; Mutawalli-
Appointment-Powers and Duties of Mutawalli; Law relating pre-emption; Nature if Rights
Pre-emption; Who can pre-empt; Formalities; when the Rights of Pre-emption is lost.
UNIT-IV
Islam Law of Inheritance:Shia and Sunni schools; Distribution of property under
Indian Succession Act of 1925 (of Christians Parsis)- Domicile- Kinds of Domicile- Modes
of acquisition of Domicile; Parsis Intestate Succession and Non Parsis Intestate succession,
UNIT-V
Wills – Privileged and unprivileged wills - Construction of Wills in brief - Void
bequests, void wills, kinds of legacies, specific and Demonstrative Legacy: Ademption of
Legacies - Protection of property of the deceased; Appointment of Curator- Powers and
Family Courts Act, 1984- Constitution, powers, and its functions; Need for Uniform Civil
Code- Article 44 of Indian Constitution.
Prescribed Books:
Mulla - Principles of Mohammedan Law.
Paras Diwan - Law of Intestate and Testamentary Succession.
Reference Books:
B. B. Mitra - Indian Succession Act, 1925.
A. A. A Fyzee - Outlines of Mohammedan Law.
D. D. Basu - Law of Succession.
Paras Diwan - Family Law: Law of Marriage and Divorce in India.
A. M. Bhattachargee - Muslim Law and the Constitution.
Tahir Mohamood - Mohammedan Law.
Indian Divorce Act, 1869 – Bare Act.
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