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Unitary LLB Syllabus

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89 views49 pages

Unitary LLB Syllabus

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UNIVERSITY OF CALICUT

REGULATIONS FOR LL.B UNITARY DEGREE COURSE (3 YEAR)


(From 2015 Admission (2015-16 Academic Year) onwards)

1. Name of the Course


Bachelor of Laws (LL.B) Unitary Degree Course (3 Year)
2.Admission Requirements
Candidates for admission to LL.B Unitary Degree Course (3 Year) shall be required to have a
Degree of this University or any other Degree recognized by this University as equivalent
thereto. The percentage of marks obtained in the qualifying examination shall be 45%.
Relaxation of marks will be given to eligible students as per prevailing Government norms from
time to time.
No candidate shall be admitted to the Course unless he/she has passed the qualifying
examination and obtained 45% marks (without rounding) in the case of general category
applicants and 40% marks (without rounding) in the case of SC and ST applicants in the
qualifying examination.
Such minimum qualifying marks shall not automatically entitle a person to get admission into an
institution under the university, unless the applicant fulfils other institutional criteria notified by
the institution/University concerned or by the Government concerned from time to time to apply
for admission.
The student, at the time of admission, shall pay the fees prescribed by the Institution, the
University and the Government from time to time.
3. Selection Procedure
The admission shall be done though the selection procedure of entrance examination in
accordance with the procedures and norms laid down by the Government of Kerala from time to
time.
4. Curriculum
The curriculum shall consist of 36 papers including 24 Compulsory Papers, 8 Optional Papers
and 5 Practical Training papers. There shall also be a Course Viva-voce at the end of the final
semester.
5. Duration of the Courses
The duration of the course of study for the Bachelor of Laws (LL.B) Unitary Degree Course (3
Year) shall be three years comprising of 6 semesters. A semester shall consist of not less than 90
working days. The period of a semester shall ordinarily be inclusive of the time required for
conduct of examinations of the relevant semesters.
However a candidate admitted for this course shall complete the programme within a period of
six years from the date of admission.

6. Vacation

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Since Government Law Colleges in Kerala are vacation Departments as per Kerala Service
Rules, there shall be a vacation for the Course which shall be from 1st April to 31st May every
year.
7. Medium of Study
The medium of instruction and examinations shall be English.
8. Attendance
There shall be University Examination held at the end of each semester. To be eligible for
admission to examination of the particular semester, the candidate shall secure not less than 75%
attendance during that semester and his/her conduct and progress should be satisfactory. Further,
if a semester includes a practical paper, the candidate should secure a minimum of 75% of
attendance separately for each practical paper.
9. Promotion to next semester
A student who has satisfactorily completed the course of each semester and has registered for
examination of that semester shall be promoted to the next semester, subject to the stipulations
regarding attendance and practical training.
10. Practical Training
Practical Training shall be fair and evaluated as laid down in No. G AI/32/1782/98 dated 12-10-
1998 of the Registrar, University of Calicut. Marks for the practical training papers shall be
awarded by the teachers in charge of such papers and a Register for recording the marks signed
by the teachers in charge and countersigned by the Principal shall be maintained in the college.
The Register shall show the marks separately allotted by each teacher and the average awarded.
The marks shall be published and a copy of the same signed by the Principal shall be forwarded
to the University. Only those students who have secured a minimum of 75% attendance and
50% marks in the practical training of a semester shall be eligible to register for the examination
of that semester. For all practical training papers, students have to maintain separate records of
practical work done, as instructed by the head of the institution and the teachers in charge. The
Records shall be submitted to the faculty in charge before the end of the relevant semester.
Whenever practical records are to be maintained, the students shall complete and submit the
same positively on or before the last working day of the relevant semester. Students shall not be
admitted for the viva-voce examination without the completed record with the signature of the
faculty in-charge and the head of the institution.
11. Internship Programme and minimum period of internship
The students of 3Year LL.B Course has to undergo an internship programme as per the Bar
Council of India Rules on Legal Education 2008.
Each registered student shall have completed a minimum of 12 weeks internship during the
entire period of studies @ 4 weeks per year. Thus the students have to undergo three internships,
one @ 4 weeks in every year during the entire course. The internship for four weeks shall
preferably be done during each summer vacation in every year of the Course. The internship
may be done under NGOs, Trial and Appellate Advocates, Judiciary, Legal Regulatory
Authorities, Legislatures and Parliament, other Legal Functionaries, Market Institutions, Law

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Firms, Companies, Local Self Government, and other such bodies where law is practiced either
in action or in dispute resolution as directed by the head of the institution and under the
guidance of the faculty in charge.
Each student shall keep Internship Diary/Record in such form as prescribed by the faculty
concerned and on successful completion of Internship every year the diary shall be submitted to
the faculty concerned. The Diary shall be assessed by the teachers in charge each time by
signing the record/diary and a maximum of 50 marks shall be awarded at the end of the Course.

12. Course viva-voce


There shall be a Course viva-voce, carrying 50 marks, to be conducted at the end of the Course.
This shall be done by a Board of three members, of whom one shall be external, appointed by
the University in this regard. The students are evaluated for their academic skill and
performances during the course including their performance in the internship programmes.

13. Internal Assessment


(i)Objectives
Objectives of introducing Internal Assessment for LL.B course are–
(1)to develop in the students the ability for critical analysis and evaluation of legal problems; (2)
to develop communication skills, both written and oral; (3) to create an awareness of current
socio-legal problems; (4) to ensure the involvement and participation of students in academic
programmes; and (5) to make the evaluation of 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 confidentiality. The
following guidelines are issued to secure fairness, objectivity and transparency in internal
assessment.
(ii) Distribution of marks: The distribution of marks for Internal Assessment shall be as follows.
Attendance – 5 Marks
Test Paper – 10 Marks
Class room assignments/
seminar/debates/quiz etc. – 10 Marks
(iii) Attendance
Separate attendance shall be maintained by the teachers for each subjects concerned either
manually or electronically. For each subject attendance shall be taken from 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 day of the succeeding
month.
Students representing the College/University in sports/games/arts/ cultural events or Moot
Courts and office bearers of the College/ University Union may, with the prior permission of

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Principal, take part in such competitions/activities and be given attendance as directed by the
Principal for such participation, subject to a maximum of 10 days in a semester.
Marks for attendance shall be calculated as per the following distribution on the basis of
attendance secured by students for the respective papers only.
FOR CP–01 TO CP–24 AND OP–01 TO OP–08
Percentage of Attendance Marks
75-80 1
81-85 2
86-90 3
91-95 4
96-100 5

(iv)Test Paper
(a) At least one test paper shall be conducted for each subject in a semester by the concerned
teacher who is handling the relevant subject. The date for the test shall be notified at least one
week in advance. Absentees shall not be entitled for re-test normally. Exceptional cases on
medical and similar grounds may be considered by the staff council of each Institution.
(b) The marks shall be announced in the class within 15 days of the test. The marks obtained by
each student in the test paper shall be recorded by the teacher in the Register maintained for the
purpose.
(c) The students can receive photocopies of their answer scripts, if required, at their expense on
a request in writing personally by the student within 5 days from the announcement of the
marks.

(v) Assignment/Seminar/Debate/Quiz etc.


(a) Every student shall write one assignment for each paper on a subject assigned by 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. The assignment shall be
submitted to the concerned teacher positively by the due date prescribed by the teacher.
(b) Alternatively the teacher may direct every student to participate and the student then shall
participate in seminar/debate for each paper. A synopsis shall be submitted by the student 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 given by the teacher.

(c) The internal assessment marks obtained by each student shall be announced by the teacher
within 10 days from the end of the semester. The marks shall be recorded in a register
maintained by the teacher.
(v) Grievance Redressal Cell

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A Grievance Redressal Cell shall be constituted by the Head of the Institution. Grievances, if
any, with respect to internal assessment shall be submitted in writing by the concerned student
personally within five days from the date of publication of marks. The decision taken by the Cell
shall be final.
14. University Examinations
There shall be a University Examination at the end of each semester. No student shall be
allowed to take the University examinations at the end of each semester in a subject if the
student concerned has not attended minimum of 75% of the classes held in the subject
concerned. Separate 75% of attendance is also required in Practical Training papers. If a student
for any exceptional reasons fails to attend 75% of the classes held in any subject, the head of the
institution may condone the shortage of attendance as per the existing rules.
Only those students who have secured a minimum of 75% attendance in a semester and 50%
marks in the Practical Training Papers of a semester shall be eligible to register for the
examination of that semester.
15. Pass Requirements and Classification
(i) A candidate who secures not less than 50% aggregate for total of University Examination and
Internal Assessment put together in a paper shall be declared to have passed the examination in
that paper.
(ii) A candidate who has passed all the papers for all the semesters and secured 50% or more of
the aggregate marks but less than 60% of such marks shall be declared to have passed the course
in second class.
(iii) Successful Candidates who have secured 60% and above in the aggregate in all the
Semesters shall be declared to have passed the course in first class
(iv) Ranking shall be done on the basis of the marks obtained by the candidate in the whole
examination of the course passed in the first chance itself. First chance means the first
opportunity made available to the candidate concerned by the university in the course.

16. Readmission
Readmission to each semester shall be according to the availability of seats in the concerned
semester. This shall also be subject to Rules framed by the University and Government of Kerala
from time to time.
Only those students who have dropped out/been detained or discontinued from any semester of
this course alone will be eligible for readmission and a candidate will be given readmission only
once during the course for completing the course.
These Regulations shall come into force with effect from 2015 Admission (2015-16 Academic
Year) onwards.

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SCHEME OF EXAMINATION
1. Marks Distribution
A. Compulsory Papers and Optional Papers
Maximum marks for all the Compulsory and Optional Papers shall be 100. Distribution of
maximum marks shall be on a 25/75 (IA/WE) basis.
i) WE - Written Examination
The maximum marks for the written examination conducted by the University at the end of each
semester shall be 75 marks.
ii) IA –Internal Assessment
The maximum marks for internal assessment shall be 25. Distribution of marks for Internal
Assessment shall be as follows.
Attendance – 5 Marks
Test Paper – 10 Marks
Class room assignments/
Seminars/ Debates etc. – 10 Marks

B. Practical Training papers


i) PT 01 – Out of the 100 marks 75 marks are given for Record, for which students shall
maintain a Record of Practical Works done under the guidance of the Faculties in charge. The
remaining 25 marks are given for the viva voce to be conducted by a Board comprising of three
senior Law Faculty members in the institution.
ii) PT 02 – Out of the 100 marks 90 marks are awarded for the drafting exercises conducted as
internal tests for which students shall maintain a Record, under the guidance of the Faculties in
charge. The Remaining 10 marks are given for the viva voce to be conducted by a Board
comprising of a Practicing Lawyer and two senior Law Faculty members in the institution.
iii) PT 03 – Out of the 100 marks 75 marks are allotted by assessing the practical works done
by the students as specified in the detailed syllabus, under the guidance of the Faculties in
charge for which students shall maintain a Record. The Remaining 25 marks are given for the
viva voce to be conducted by a Board comprising of three senior Law Faculties in the
institution.
iv) PT 04 – Out of the 100 marks 90 marks are given for 3 moot court participation, court visits,
client interviewing and pretrial preparations in the senior Advocates Chamber, for which
students shall maintain a Record/Diary of practical works done under the guidance of the

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Faculties in charge. The Remaining 10 marks are given for the viva voce to be conducted by a
Board comprising of three senior Law Faculty members of the institution.
v) PT 05 – Internship Programme
Each student shall keep Internship Diary/Record in such form as prescribed by the
Principal/faculty concerned and on successful completion of Internship every year the diary
shall be submitted to the faculty concerned. The Diary shall be assessed by the teachers in
charge each time by signing the record/diary and a maximum of 50 marks shall be awarded at
the end of the Course.
C. Course viva-voce
There shall be a Course viva-voce carrying 50 marks, to be conducted at the end of the Course.
This shall be done by a Board of three members, of whom one shall be external, appointed by
the University in this regard. The students are evaluated for their academic skill and
performances during the course including their performance in the internship programmes.
2. Pattern of Question Paper
The pattern of question paper shall be same as laid down in GAI/J2/1782/98 dated 12.10.1998 of
the Registrar University of Calicut. However, the question papers on (1) Jurisprudence (CP 8)
and (2) Legal Language and Legal Writing (OP 1) shall not have problem questions. The
following shall be the pattern of question papers.
Part (A) – Short answer
This part consists of short answer questions. In this Part 8 questions will be given and the
candidates have to answer any 5 questions. Each question carries 6 marks and this part carry a
total of 30 marks.
5 x 6 marks = 30 marks
Part (B) – Problems Questions
This part consists of hypothetical problem questions. In this part 3 hypothetical problem
questions will be given and the candidate has to answer any 2 questions. Each question carries
10 marks. The answer shall cover relevant legal provisions, framing of issues, application of
legal provisions with reasoned decisions and citation of authority, the solution of the issue
framed and the answer to problem as such.
2 x 10 marks = 20 marks
Part (C) – Essays
This part consists of essay questions. In this part 3 questions will be given and the candidate has
to answer any 2 questions. Each question carries 12.5 marks.
2 x 12.5 marks = 25 marks
Duration of examination: 3 Hrs.
Maximum Marks: 100 Marks (75 marks for WE and 25marks for IA)
[WE – Written Examination, IA – Internal Assessment]

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3. Distribution of Papers and Marks in Various Semesters:

FIRST SEMESTER

Sl. Paper Marks


Name of Paper Duration
No. No.
IA/WE Total
1 CP 01 Law of Contracts 3 Hours 25/75 100
Law of Torts (including Motor Vehicles Act
2 CP 02 3 Hours 25/75 100
and Consumer Protection Laws)
3 CP 03 Constitutional Law I 3 Hours 25/75 100
4 CP 04 Family Law I 3 Hours 25/75 100
5 CP 05 Law of Crimes I 3 Hours 25/75 100
6 OP 01 Legal Language and Legal Writing 3 Hours 25/75 100

SECOND SEMESTER

Sl. Paper Duratio Marks


Name of Paper
No. No. n IA/W Total
1 CP 06 Constitutional Law II 3 Hours 25/75 100
2 CP 07 Special Contracts 3 Hours 25/75 100
3 CP 08 Jurisprudence 3 Hours 25/75 100
4 CP 09 Family Law II 3 Hours 25/75 100
5 CP 10 Law of Crimes II (including Cyber Crimes) 3 Hours 25/75 100
Local Self Government (including Panchayat
6 OP 02 3 Hours 25/75 100
Administration)

THIRD SEMESTER

Sl. Paper Marks


Name of Paper Duration
No. No. IA/W Total
1 CP 11 Administrative Law 3 Hours 25/75 100

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2 CP 12 Labour and Industrial Laws I 3 Hours 25/75 100

Code Civil Procedure – I (including Civil Rules


3 CP 13 of Practice) (Section 1 to 35 B and order I to 3 Hours 25/75 100
XXA)
Law of Criminal Procedure – I (including
4 CP 14 3 Hours 25/75 100
Probation of Offenders Act)
5 OP 03 Human Rights Law and Practice 3 Hours 25/75 100
Professional Ethics and Professional Accounting
6 PT 01 25/75 100
System

FOURTH SEMESTER

Sl. Paper Marks


Name of Paper Duration
No. No.
IA/W Total
1 CP 15 Environmental Law 3 Hours 25/75 100
Code of Civil Procedure II (including Limitation
2 CP 16 3 Hours 25/75 100
Act)
Property Law (including Transfer of Property Act
3 CP 17 3 Hours 25/75 100
and Easement Act)
4 CP 18 Labour and Industrial Laws II 3 Hours 25/75 100
Law of Criminal Procedure II (including Juvenile
5 CP 19 3 Hours 25/75 100
Justice Act)
6 PT 02 Drafting, Pleading and Conveyancing 10/90 100

FIFTH SEMESTER

Sl. Paper Marks


Name of Paper Duration
No. No.
IA/W Total
1 CP 20 Company Law 3 Hours 25/75 100
2 CP 21 Law of Evidence 3 Hours 25/75 100
3 CP 22 Law of Direct Taxation 3 Hours 25/75 100
4 OP 04 Intellectual Property Laws 3 Hours 25/75 100
5 OP 05 Banking Laws (including NI Act) 3 Hours 25/75 100
6 PT 03 Alternate Dispute Resolution 25/75 100

SIXTH SEMESTER

4
Sl. Marks
Paper No. Name of Paper Duration
No.
IA/W Total
1 CP 23 Law of Indirect Taxation 3 Hours 25/75 100
2 CP 24 Public International Law 3 Hours 25/75 100
Land Laws (including Tenure and Tenancy
3 OP 06 3 Hours 25/75 100
System)
Interpretation of Statutes and Principles of
4 OP 07 3 Hours 25/75 100
Legislation
5 OP 08 Gender Justice and Feminist Jurisprudence 3 Hours 25/75 100
6 PT 04 Moot Court Exercise and Court Visit 10/90 100
7 PT 05 Internship Programme 50/--- 50

Course Viva-voce Conducted at the end of the Course ---/50 50

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CURRICULAM/SCHEME OF SUBJECTS
1.Compulsory Papers

Sl. No Name of Papers

1 CP 01 Law of Contracts

2 CP 02 Law of Torts(including Motor Vehicles Act and Consumer Protection

3 CP 03 Constitutional Law I

4 CP 04 Family Law I

5 CP 05 Law of Crimes I

6 CP 06 Constitutional Law II

7 CP 07 Special Contracts

8 CP 08 Jurisprudence

9 CP 09 Family Law II

10 CP 10 Law of CrimesII (including Cyber Crimes)

11 CP 11 Administrative Law

12 CP 12 Labour and Industrial Laws –I

Law of Civil Procedure I (including Civil Rules of Practice) (Section


13 CP 13 1 to 35 B and order I to XXA)

14 CP 14 Law of Criminal Procedure I (including Probation of Offenders Act)

15 CP 15 Environmental Law

16 CP16 Law of Civil Procedure II (including Limitation Act)

17 CP 17 Property Law (including Transfer of Property Act and Easement Act)

18 CP 18 Labour and Industrial Laws II

19 CP 19 Law of Criminal Procedure II (including Juvenile Justice Act)

20 CP 20 Company Law

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21 CP 21 Law of Evidence

22 CP 22 Law of Direct Taxation

23 CP 23 Law of Indirect Taxation

24 CP 24 Public International Law

2.Optional Papers (OP)


1 OP 01 Legal Language and Legal Writing
2 OP 02 Local Self Government (including Panchayat Administration)
3 OP 03 Human Rights Law and Practice
4 OP 04 Intellectual Property Rights
5 OP 05 Banking Laws (Including NI Act)
6 OP 06 Land Laws (Including Tenure and Tenancy System)
7 OP 07 Interpretation of Statutes and Principles of Legislation
8 OP 08 Gender Justice and Feminist Jurisprudence

3.Practical Training Papers (PT)


1 PT 01 Professional Ethics and Professional Accounting System
2 PT 02 Drafting, Pleading and Conveyancing
3 PT 03 Alternate Dispute Resolution
4 PT 04 Moot Court Exercise and Court Visit
5 PT 05 Internship Programme

4.Course viva-voce
There shall be a course viva-voce, carrying 50 marks, to be conducted at the end of the Course.
This shall be done by a Board, of three members of whom one shall be external, appointed by
the University in this regard. The students are evaluated for their academic skill and
performances during the entire course including their performance in the internship
programmes.

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DETAILED SYLLABUS
LL.B Unitary Degree Course (3Year)
CP 01 Law of Contracts
Subject shall be taught by incorporating the recent developments.
Unit I
Nature of contractual obligation – theories of contract – classification of contract – offer,
acceptance and promise
Capacity of parties – disqualification by law – minority and mental incapacity – free consent –
factors vitiating free consent – coercion – undue influence – fraud
Unit II
Consideration – definition – effect of contract without consideration – exceptions – intention to
create legal obligations
Lawful object – void transactions – misrepresentation, mistake – public policy – agreement in
restraint of trade, marriage and legal proceedings – uncertainties and wagering agreements
Unit III
Discharge of contracts – performance of contracts – anticipatory breach – impossibility of
performance – alterations and novation – accord and satisfaction – quasi contracts
Unit IV
Remedies for breach - damages for breach - specific performance - rescission and cancellation -
injunctions - declaratory remedies
Unit V
E-Contracts – Benefits of E-contracting – Formation of E-contracts – Essentials of E-contracts –
Problems relating to E-contracts – Different types of E-contracts – Relevant Provisions of the
Information Technology Act
Suggested Readings:
Avatar Singh - Principles of Mercantile Law
Avatar Singh - An Introduction to Contract Law
Pollock and Mulla - Indian Contract and Specific Relief Acts
A.G. Guests - Anson’s Law of Contract
Trietal - The Law of Contract
A.S. Burrows - Remedies for Tort and Breach of Contract
Cheshire - Law of Contracts
M Krishnan Nair M - Law of Contracts

CP 02 Law of Torts

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(including Motor Vehicles Act and Consumer Protection Laws)
Subject shall be taught by incorporating the recent developments.
Unit I
Definition and nature of Torts – Distinction between Torts, Crime, and breach of Contract – Basis
of tortious liability – ubi jus ibi remedium, injuria sine damnum and damnum sine injuria
Liability for the wrongs committed by other persons – vicarious Liability – joint tort feasors –
joint and several liability in payment of damages.
Unit II
Negligence – Contributory negligence – Professional Negligence – proximate cause and
intervening cause – foresight of harm – Composite negligence – res ipsa loquitur – last
opportunity rule –– doctrine of alternate danger – strict liability – Ryland v. Fletcher – absolute
liability – remoteness of damage
Unit III
General defences – volenti non fit injuria – vis Major – inevitable Accident – necessity –
statutory authority – judicial and quasi judicial acts, parental and quasi parental authority –
mistake – act of third parties – novus actus interveniens – plaintiff’s own fault
Unit IV
Specific torts – injuries to person – assault – battery – false imprisonment – trespass to goods –
conversion – trespass to land – interference with contract or business – intimidation – conspiracy
– injurious falsehood – passing off – negligent mis–statements – defamation – malicious
prosecution – nuisance
Unit V
Consumer – definition under Consumer Protection Act – consumer of goods and services –
defects in good – deficiency in service – enforcement of consumer rights – consumer fora under
the Act – jurisdiction, functions and powers – procedure – execution of orders
Liability under Motor Vehicles Act, 1988 – compensation in motor vehicle accidents – nature and
extent of insurer’s liability – claims tribunal – award of compensation
Suggested Readings:
Winfield - Law of Torts
Ramaswamy Iyer - Law of Torts
Achuthan Pillai P.S - Law of Torts
Vivienne Harpwood - Modern Tort Law
P.K. Sarkar - The Motor Vehicles Act, 1988
D.N. Saraf - Law of Consumer Protection in India
P. Leelakrishnan(Ed.) - Consumer Protection and Legal Control

CP 03 Constitutional Law I
Subject shall be taught by incorporating the recent developments.

2
Unit I
Constitution of India – Historical Perspective – constitutional development – Political
developments – Making of the Constitution – Constitutional Assembly Debates – Constitutional
Law: Meaning and Constitutionalism – Various models of Constitution: Written, Unwritten,
Unitary, Federal, flexible – Parliamentary vs. Presidential – Preamble: Sovereign, Socialist,
Secular and Democratic Republic – 42nd Amendment – Basic Structure theory – Citizenship –
Who is a citizen of India – Rights under Migration due to Partition – Acquisition of Citizenship –
Citizenship Rules – jus soli and jus sanguinis – Termination of Citizenship – Related Case Laws
Unit II
State and Fundamental Rights – Concept of State – Meaning of Law under Article 13 – Principle
of Equality – Articles 14, 15,16 and Article 17 – Special Reference to the Equal Rights and
Equality before Law under Article 14 – Rules for Classification – Protective Discrimination under
Article 15 – Gender Justice – Article 16 and Reservation Criteria – Article 17 and untouchability
Abolition Strategy - relevant case laws.
Unit III
Fundamental Freedoms and Social Control – Right to Know – Personal Liberty – Rights of
accused persons and judicial attitude – Double Jeopardy – Right against Self incrimination –
Article 21 and Judicial contributions with special reference to A.K. Gopalan v. State of Kerala
1951, Maneka Gandhi v. Union of India, Sunil Batra’s case – Procedure established by Law –
Due Process – Post Maneka Gandhi decisions – Fair Procedure, Handcuffing, Legal Aid, Natural
Justice, Duty to Hear, Right to Health, Right to Food, Right to Environment, Preventive
Detention, Right against Torture, Right to Die, Right to Privacy etc – Important Case Laws
Right to Education – Free and Compulsory Education – Freedom of Education Act – Relevant
Case Laws – Right against Exploitation – Child Labour – Prohibition of Bonded Labour, Human
Trafficking, Beggar etc – Case Laws – Secularism and Minority Rights – Concept of Religion
under Indian Constitution – Minority Rights – Right to Educational Institution – Controversy on
Conversion of Religion – Relevant Case Laws
Unit IV
Judicial Review and Constitutional Remedies – Article 32, 226 and Article 227 – Nature of Writs
– Classification – Article 32 as Fundamental Right – Laches or delay in instituting Writs –
Limitation – Public Interest Litigation – Judicial Activism and Judicial Restraint
Directive Principles of State Policy – Directive Principles and Fundamental Rights a Comparative
Approach – Rights under Articles 31A, 31B and 31C – Judicial Response and Relevant Case
Laws – Principles – Social and Economic Justice – Equal Pay for Equal Works, Free Legal Aid –
Uniform Civil Code – Promotion of International Peace and Security – Local Self Government as
Directive Policy – Constitutional Amendments and Constitutional Position of Three Tier system
of Governance
Fundamental Duties

Unit V
Relations between the Union and States – Extent of Laws made by Parliament and State
Legislatures, Subject Matter – Power of the Parliament to Legislate on Matters under the State

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List – Residuary Power of Legislation – Effect of Inconsistency between State Law and Union
Law – Doctrine of Colourable Legislation, Pith and Substance and Doctrine of Occupied Field –
Administrative relation – Duties and Powers of Union and State – Control of Union over State –
Disputes relating to Water – Financial Relations – Finance Commission
Suggested Readings:
Shukla. V.N - Constitution of India
J.N Pandey - Constitution of India
Austin Granville - The Indian Constitution- Cornerstone of a Nation
Durga Das Basu - Constitutional Law of India
M.P. Jain -Indian Constitutional Law
H.M. Seervai - Constitutional Law of India
Subhash Kashyap - Indian Constitution
Constitutional Assembly Debates
CP 04 Family Law I
Subject shall be taught by incorporating the recent developments.
Unit-1
Marriage and Kinship: Evolution and importance of Marriage and family – Role of Religion,
Impact of customs on marriage and Family – Definition of Hindu, Muslim, Christian – Sources of
Hindu Law, Muslim Law and Christian Law

Unit-II

Concept of marriage - Essential conditions of a valid Hindu Marriage under Hindu Marriage Act-
Distinction between Valid, Void and Voidable marriages – Legal consequences of a Valid Marriage
– Essential requirements of a valid Muslim marriage – Option of puberty, Legal effects of a
Minor’s marriage – Essential conditions of a valid Christian marriage – Kinds of marriages under
Hindu and Muslim systems – dowry and dower as applicable to Hindus, Muslims and Christians

Unit III

Matrimonial remedies: Annulment, Restitution of Conjugal Rights, Judicial Separation and


Divorce- Theories of Divorce: Fault/Guilt Theory, Consent Theory, Irretrievable breakdown of
marriage – Conditions for grant of matrimonial remedies under Hindu marriage Act and Indian
Divorce Act – matrimonial remedies for Muslims (Talaq, Ila, Zihar, Tafweez, Khula, Mubaarak) –
Talaq: different kinds of Talaq, Delegated talaq – Divorce under Shariat Act – Judicial and
Extrajudicial methods of Divorce – Significance of Dissolution of Muslim Marriages Act –
Divorce by Mutual consent – Matrimonial relief under Special Marriage Act

Unit IV

Child and Family: Legitimacy, Adoption, Custody and Maintenance of Child – Guardianship of
the Child – Child Marriage and legal provisions prohibiting child marriage

Unit-V
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Recent developments – Family Court: Composition, Powers and functions – dowry and Dowry
Prohibition Act – Need for Uniform Civil Code – Article 44 of the Constitution of India –
Compulsory registration of marriage

Suggested Readings:

Mulla - Principles of Hindu Law


Paras Diwan - Hindu Law
Mulla - Mohammedan law
Tahir Mohamed - Muslim law in India
Sebastian Champappally - Christian law
E.D. Devadasan - Handbook of Christian law
AAA Fyzee - Outlines of Mohammedan Law

CP 05 Law of Crimes I
Subject shall be taught by incorporating the recent developments.
Unit I
Definition of Crime – Concept of Crime – Distinction between Crime, Tort and Breach of
Contracts – Functions of Criminal Law –Types of Punishments –Purposes of Punishment –
Sentencing Policy – Types of criminal justice systems – Character – History of Indian Penal Code
Unit II
Elements of Crime – Actus Reus – Mens Rea – Statutory Offences – Mens Rea under the Indian
Penal Code – Intention, Knowledge, Recklessness, Negligence, Rashness – Vicarious liability –
Corporate Liability
Unit III
General Explanations (Sections 6 to 52 A) – Intra-territorial and Extra -Territorial jurisdiction of
the Penal Code – Joint Liability –Common Intention – Common Object – Principles of Criminal
Responsibility – Parties to Crime – Inchoate offences – Attempt – Conspiracy – Abetment
Unit IV
General Exceptions (Section 76 to 106) – Justifiable and excusable defences – trivial acts
Unit V
Offences against the State – Offences relating to the Army, Navy and Air Force – Offences against
Public Tranquility – Offences Relating to Public Servants – Offences relating to Elections –
Contempt of the Lawful Authority of Public Servants
Suggested Readings :
1. Kenney Outlines of Criminal Law
2. Glanville Williams Text Book On Criminal Law
3. Cross and Jones Criminal Law
4. Smith and Hogan Criminal Law
Ratanlal and
5. Indian Penal Code
Dhirajlal

5
6. Achuthan Pillai Criminal Law
7. K. D. Gaur Indian Penal Code
8. KNC Pillai – General Principles of Criminal Law

CP 06 Constitutional Law II
Subject shall be taught by incorporating the recent developments.
Unit-I
Union and State Executive – Presidential vs. Parliamentary form of Government – Term of
Office, Qualification and impeachment of President – Powers of President, extent of Power – Vice
President – Qualification, Functions and Powers – Governor of a State, Qualification,
Appointment and Tenure – Powers – Relevant Case Laws
Unit-II
Union and State Legislature – Parliament – House of States and House of People, Members
Qualification and Disqualification – Privileges – Office of Profit – State Legislature – Unicameral
and Bicameral Legislative system – Special Procedure on Money Bill and Finance Matters (Union
and State)
Union Cabinet – Council of Ministers – Collective responsibility – Prime Minister’s appointment
– powers , duties and functions – Shamsher v. State of Punjab, S.P. Gupta v.Union of India and
other relevant Case Laws.
Unit- III
Indian Judiciary – Nature of Indian Judicial System with its distinctive features – Supreme Court
of India – Judges appointments, Qualification and Removal – Chief Justice of India –
Qualification, appointment and removal – the Original Appellate and Advisory Jurisdiction of
Supreme Court – Binding nature of law declared by the Supreme Court – Independence of
Judiciary and Judicial Accountability – The State Judiciary – High Court – Appointments,
Qualifications, conditions of Service and removal of Judges – Ordinary Jurisdiction – Writ
Jurisdiction – Powers including supervisory power – Subordinate Courts – appointment and
control over Subordinate Courts.
Unit-IV
Comptroller and Auditor General of India - Appointment, duties, powers and Functions - Macro
Economic Management under the Constitution of India - Fiscal Responsibility, Taxation Planning
and Management - Financial Accountability - State’s role in business - Trade, Contractual
Obligation and responsibilities, Revenue Distribution - Official Language
Service under the Union and States - Recruitment, Conditions of Service, tenure , Dismissal, All
India Service- Doctrine of Pleasure - Public Service Commission - Appointment, Powers,
functions duties, removal of Chairman and members.
Unit-V
Emergency Provisions – Kinds -- Failure of Constitutional Mechanisms
Amendment of the Constitution--- Principles --- Comparison U.S.A, France and India --
Miscellaneous Provisions--- Temporary and Transitional Provisions -- Schedules

6
Suggested Readings:
Shukla. V.N - Constitution of India
J.N Pandey - Constitution of India
Austin Granville - The Indian Constitution- Cornerstone of a Nation
Durga Das Basu - Constitutional Law of India
M.P. Jain -Indian Constitutional Law
H.M. Seervai - Constitutional Law of India
Subhash Kashyap - Indian Constitution

CP-07 Special Contracts


Subject shall be taught by incorporating the recent developments.
Unit I
Indemnity – definition – Rights and Liabilities of the Indemnifier and Indemnified – Guarantee –
Continuing Guarantee – Nature and Duration of Liability – Rights and Liabilities of Parties
Unit II
Bailment: General features – Division of bailments – Requirements of consideration – Rights and
liabilities of bailor and bailee – pledge or pawn – special property in favour of pledge by limited
owners – finder of lost goods
Unit III
Agency – Kinds of Agency – creation of Agency – Rights, Duties and Liabilities of Agents –
Liability of Principal for act of Agents – Termination of Agency – Contract of Bailment and
Pledge – Rights and Liabilities of Bailor and Bailee – Rights and Liabilities of Pawner and
Pawnee
Unit IV
Partnership – Nature and Creation – Types of Partnership – Mutual Relationship of Partners –
Authority of Partners – Rights and Liabilities of Partners – Admission of New Members –
Partnership Property – Dissolution of Partnership – Registration of Partnership – Limited liability
Partnership Act

Unit V
Sale of Goods – Concept of Sale – Subject Matter of Sale – Conditions and Warranties – Passing
of Property and Risk – Delivery of Goods – Rights of Unpaid Seller – Remedies for Breach
Suggested Readings
Avtar Singh - Principles of Mercantile Law
Pollock and Mulla - Indian Partnership Act
Friedman - Law of Agency
Benjamin - Sale of Goods
Krishnan Nair - Law of Contracts
Lindley - on Partnership

7
Bowstead - on Agency
C P 08 Jurisprudence
Unit I
Meaning of the term jurisprudence - Norms and the normative system - Different types of
normative systems - Legal system as a normative order - similarities and differences of the legal
system with other normative systems - Relation of Jurisprudence with other Social Sciences

Schools of Jurisprudence - Natural Law School of jurisprudence - Analytical legal Positivism -


Historical School - Sociological School – Realist Movement - Economic interpretation of law –
Critical Legal Studies(CLS) – Feminist Jurisprudence– Indian Jurisprudence - The Concept of
Dharma

Unit II

Austin’s Theory of Sovereignty and Law – Salmond’s definition of law - Kelsen’s Pure Theory of
Law - H.L.A Hart’s Theory of Primary and Secondary Rules – Jurisprudence of Interests : Rudolf
Von Ihering and Roscoe Pound

Purpose of Law - Justice - Theories of Justice - Relation of Justice to Law – Justice and law:
Approaches of different schools - Administration of Justice according to Law

Law and Morality – interrelation - Enforcement of Morals through Law – Hart and Fuller Debate
- Hart and Devlin Debate

Unit III:

Sources of Law – Formal and Material Sources – Legal and Historical Sources - Legislation -
supreme and subordinate – place of legislation among other sources of law.

Interpretation of statutes - Precedents – importance of precedents - doctrine of stare decisis –


ratio decidendi and obiter dictum – theories about the creative role of judges – comparative
merits and demerits of precedents over legislation

Custom – reasons for recognition of custom as a source of law – essentials of a valid custom.

Juristic writings

Classification of law – International law and Municipal law – Public and Private law –
substantive and procedural law

Unit IV

Meaning and Classification of Legal Rights and Duties - Theories of Legal Rights and Duties –
Correlation between Rights and Duties – Rights in a Wider Sense: Hohfeld’s Analysis

8
Definition and Nature of Personality - Legal Status of Unborn Children, Minor, Lunatic, Drunk
and Dead Person - Legal Status of Animals - Legal Personality of State - Corporate Personality -
Dimensions of Modern Legal Personality: Legal Personality on Non-human beings

The Definition and Nature of Liability - Kinds of Liability - Theories of Liability - General
Conditions of Liability

Unit V

Definition and Nature of Obligation - Sources of Obligation - Kinds of Obligation

Meaning of Property – Kinds of Property – Intellectual Property - Modes of Acquisition of


Property

Concept of Possession and Ownership - Theories of Possession Ownership -Kinds of Possession


and Ownership - Modes of Acquiring Possession and Ownership

Suggested Readings:

Friedman - Legal Theory (Fifth Edition)


Wayne Morrison - Jurisprudence from the Greek to Post - Modernism
Dias - Jurisprudence
P.J. Fitzgerald - Salmond on Jurisprudence
Bodenheimer, Edgar - Jurisprudence ‘The Philosophy and Method of the Law’
H.L.A. Hart - The Concept of Law
John Austin - Lectures on Jurisprudence
Mahajan. V.D - Jurisprudence and Legal Theory
Roscoe Pond - Introduction to the Philosophy of Law
G.C.VenkataSubba Rao- Jurisprudence and Legal Theory
CP 09 Family Law II
Subject shall be taught by incorporating the recent developments.
Unit-I
Joint Hindu Family – Origin, nature of joint family and Coparcenary – Characteristic features of
coparcenary – distinction between coparcenary and Joint family -Principal of survivorship and
succession
Classification of property: joint family property and separate property – Kartha: position, powers
and liabilities
Debt – Pious obligation under Hindu Law
Unit-II
Partition – definition – persons entitled to demand partition – subject matter of partition – mode
of partition – reopening and reunion
Law of intestate succession – general principles – exclusion from inheritance – succession as
applicable to Hindus, Muslims and Christians – Hindu Succession Act: features, devolution of
9
interest in coparcenary property (sec 6), List of heirs in class I and II of the schedule, doctrine of
representation, Hindu women’s Right to property – Indian Succession Act – Hanafi Law of
Inheritance: doctrine of aul and radd
Unit-III
Testamentary power of Hindus, Muslims and Christians –wasiyat: definition, essentials, and kinds
of valid will, abatement of legacies, revocation of will
Unit-IV
Alienation of property among Hindu, Muslims and Christians – Hindu Religious and Charitable
endowments – Hiba: Definition, essentials, kinds and formalities for a valid Hiba, Revocation of
Hiba – Pre emption: definition, classification and formality – Waqf- meaning -formalities of
creation- Types and administration of waqf- Mutawalli and his powers.
Unit-V
Maintenance under Hindu, Muslim and Christian laws – Conflict between personal law and
statutes – Maintenance of divorced wives, neglected wives, minor children, unmarried daughters
and aged parents – Distinction between alimony and maintenance, permanent alimony, alimony
pendente lite - Maintenance of Muslim wives during and after divorce, maintenance under Shariat
Act – Right of maintenance under Christian wife on divorce, maintenance under S.125 Cr. P.C.
Suggested Readings:
Mulla - Principles of Mohammedan law
Munshi Tayyabji - Tayyibji Muslim law
Tahir Mohamed - Muslim law in India
I.L.I. - Islamic law in Modern India
Poonam Pradhan Saxena - Family Law
Sebastian Chambappilly - Christian law
E.D. Devadasan - Handbook of Christian law
Fyzee AAA - Outlines of Mohammedan Law
CP 10 LAW OF CRIMES II
(including Cyber Crimes)
Subject shall be taught by incorporating the recent developments.
Unit I

False Evidence -- Offences against public order, health, morality- public nuisance - spreading of
infectious diseases - adulteration of food and drugs - negligent and dangerous driving - obstructing
public ways- keeping dangerous animals– obscenity - Offences relating to religion – Offences
relating to weight and measures – disobedience to orders of public servants – Coin and
Government Stamps
Unit II
Offences against human body - culpable homicide, murder-hurt- grievous hurt - simple hurt –
wrongful restraint –wrongful confinement-assault-kidnapping and abduction- rape - infanticide.
10
Unit III
Offences against property - theft, extortion- robbery and dacoity - criminal misappropriation-
Criminal breach of trust –stolen property- cheating – mischief –criminal trespass- forgery –
counterfeiting
Unit IV
Offences relating to marriage- bigamy-adultery-cruelty by husband- defamation
Unit V
Cyber space – Cyber crime – classification – nature – crime against government, property and
person – adjudication – penalty – Liability of network providers – power of police – cybercrimes
punishable under various laws
Suggested Readings :
Kenney – Outlines of Criminal Law
Glanville Williams – Text Book on Criminal Law
Cross and Jones – Criminal Law
Smith and Hogan – Criminal Law
Ratanlal and Dhirajlal – Indian Penal Code
Achuthan Pillai – Criminal Law
K. D. Gaur – Indian Penal Code
KNC Pillai – General Principles of Criminal Law
R.C. Nigam - Law of Crimes in India
Yatheendra das - Cyber Law
Ahuja - Cyber Law

C P 11 Administrative Law
Subject shall be taught by incorporating the recent developments.
Unit I
Definition and scope of Administrative law – Causes for the growth of administrative law –
difference between constitutional law and administrative law – Droit Administratif
Conceptual objections against the growth of administrative law: 1. Concept of rule of law 2.
Doctrine of separation of powers
Classification of administrative action – administrative instructions
Unit II
Rule making power of Administration – Delegated legislation – Classification of Delegated
legislation
Constitutionality Delegated Legislation in India – Retrospective operation of delegated legislation
Control mechanism of Delegated Legislation: 1. Parliamentary Control 2. Procedural control 3.
Judicial Control
Unit III

11
Adjudicatory powers of the administration – need for administrative adjudication – problems of
administrative decision making – modes of administrative decision making: 1. Statutory tribunals
2. Domestic tribunals
Procedure of administrative adjudication – principles of natural justice – rule against bias – Audi
alterum partem or the rule of fair hearing – post decisional hearing – speaking orders –
exceptions to the rule of natural justice – effect of breach of principles of natural justice
Unit IV
Liability of the Administration – contractual liability – tortious liability – privileges and
immunities of the administration
Administrative discretion – abuse of discretion – non-exercise of discretion
Unit V
Judicial Review of administrative action – public law review – private law review – public
interest litigation
Citizen and administrative faults – ombudsman -- Lokpal – Lokayukta – Central Vigilance
Commission (CVC)
Statutory and non-statutory public undertakings – control mechanism

Suggested Readings
Massey I. P. Administrative Law
Thakwani C. K. – Lectures on Administrative Law
Sathe S. P. Administrative Law
Upadhyaya I. J. D. Administrative Law
Wade H. W. R. Administrative Law
Jain and Jain Administrative Law
Allen C. K. Law and orders
Garner J. C. Administrative Law
I. L. I. (1977) Administrative Tribunals in India
I. L. I. (1971) Government Regulation of Private Enterprise
I. L. I. (1966) – Cases and Materials on Administrative Law
Markose A. T. Judicial control of Administrative Action in India
Markose A. T. Public Law–Some aspects.

CP 12 LABOUR AND INDUSTRIAL LAWS I


Subject shall be taught by incorporating the recent developments.
Unit I
Significance of Labour Legislations: Historical perspectives on Labour: From laissez faire to
welfarism and to globalisation: transition from exploitation to protection and from contract to
status: changing perspectives on labour – Industrial Jurisprudence: Labour Policy in India --
Industrial Revolution in India – Labour problems and role of trade union – Industrial Peace and

12
Industrial Harmony through collective bargaining – Industrial Relations -- Principles of Labour
Legislation – Social Justice – Social Security : Constitutional basis for social security – Growth
of Labour Legislation in India
Unit II
Trade Unionism: Evolution and Growth of Trade Unions in India - Historical reasons for the
formation of unions of workers, legal impediments - Constitutional freedom to form associations
and unions – International Labour Organisation – its influence in bringing changes in national
legislations – Trade Union: Definition, Registration and Recognition – trade dispute – Legal
control and protection of trade union: registration, amalgamation, rights, immunities, liabilities
and dissolution –Problems: multiplicity of unions, over politicization, intra-union and inter-union
rivalry, outside leadership – recognition of unions – Immunities: Civil and Criminal
Unit III
Industrial Disputes: Aims and Objects of the Industrial Disputes Act – definition of Industry:
Conceptual Analysis – Industrial Dispute vs. Individual Dispute: Contrast – Concept and
definition of Workman – Distinction between contract for services and contract of service: Due
control and supervision test, Predominant nature of duty test – Strike & Lock Out: Concepts,
legality and justification – Lay off, Retrenchment and Closure: Analysis of the Concepts and
Prerequisites
Unit IV
Regulation of Industrial Relations: Theoretical foundations: social justice, labour welfare, public
interest, productivity, industrial peace and development and price control – Unfair labour practices
– Methods of regulation of industrial relations: Workers’ participation in Industrial management:
Advantages and Disadvantages – Works Committee – Reference of certain industrial disputes to
grievance settlements Authorities –Board, Courts, Tribunals – comparison with courts – award
and its binding nature – judicial review of awards – Unfair labour practices
Unit V
Standing Orders: Concept and nature of standing orders – Scope and coverage of the Industrial
Employment (Standing Orders) Act, 1946 – Certification process: Procedure for certification,
Appeals against certification, Condition for certification – Date of operation of standing orders –
Binding nature and effect of certified standing orders – Posting of standing orders – Modification
and temporary application of model Standing Orders – Interpretation and enforcement of Standing
Orders – Penalties and procedure
Suggested Readings:
1. O.P. Malhotra -The Law of Industrial Disputes,
2. G.B. Pai - Labour Law in India
3. P.L. Malik’s - Industrial Law
4. K. Madhavan Pillai - Labour and Industrial Laws
5. R.C. Saxena - Labour Problems and Social Welfare
6. V.V. Giri - Labour Problems in Indian Industry
7. Indian Law Institute - Labour Law and Labour Relations
13
8. P.L. Malik, Srivastava’s - Law Relating to Trade Unions and Unfair Labour Practices in India
9. Report of the National Commission on Labour (1969)
10. Report of the Second National Commission on Labour (2002)

C P 13 Code of Civil Procedure I


(including Civil Rules of Practice) (Section 1 to 35 B and order I to XXA)
Unit I
Distinction between Substantive law and Procedural law - Civil and Criminal Procedure – Recent
trends in Civil Procedure – Significance of Procedural Law for a just Society - History of the Civil
Procedure in India - Scheme of the Code of Civil Procedure - Meaning of Suit and essentials of a
suit.
Definitions – Decree – Judgement – Order – Decree holder – Judgement debtor – Legal
Representative – Mesne Profits – Public Officer
Hierarchy of civil courts - Place of Suing - Jurisdiction of Civil Courts- Meaning of jurisdiction -
jurisdiction and consent - lack of jurisdiction and irregular exercise of jurisdiction - decision as to
jurisdiction - kinds of jurisdiction - Courts to try all suits of a civil nature unless barred
Unit II
res sub judice and res judicata - General conditions of res judicata - constructive res judicata -
res judicata and Estoppel - res judicata between Co-defendants and Co-plaintiffs
Foreign Judgment - Meaning of Foreign judgment - Conclusiveness of foreign judgment - Its
enforcement and execution
Institution of Suit - Parties to suit - Joinder, non-joinder and misjoinder of parties - Representative
suit - Joinder of causes of action and misjoinder - Frame of Suit– inclusion and splitting of claims
–multifariousness
Unit III
Summons - Issue and service of Summons to defendants
Pleadings generally - Rules of pleading - signing and verification - Alternative pleadings
-Construction of pleadings – Plaint: particulars, admission, return and rejection - Written
statement: particulars, rules of evidence - Set off and Counterclaim: distinction
Unit IV
Discovery, inspection and production of documents – Interrogatories - Privileged documents –
Affidavits
Appearance of Parties and Consequences of non-appearance - Dismissal of suit for default - Ex
parte proceedings - Setting aside ex-parte decree – Recognized agents and Pleaders

14
Trial –summoning and attendance of witnesses - Adjournments – Hearing of suit – framing of
issues – kinds of issues – importance of issues
Disposal of suit – judgement and decree – interest - costs
Unit V
Civil Rules of Practice in Kerala – presentation of documents in court – posting of cases –
adjournments – interlocutory proceedings – affidavits - trial of suits
Suggested Readings:

Takwani.C.K – Civil Procedure


Mulla – Code of Civil Procedure
Sarkar’s - Law of Civil Procedure

C P–14 Law of Criminal Procedure I

(including Juvenile Justice and Probation of Offenders Act)


Subject shall be taught by incorporating the recent developments.
Unit I
Preliminary – Constitution of Criminal Courts – Powers – executive magistrates – prosecutors –
defense counsel – prison authorities – classification of offences – initiation of criminal
proceedings – accused’s presence at the trial – arrest – rights of arrested persons
Unit II
Process to compel appearance – summons – warrant – proclamation – process to compel
production of documents – procurement of evidence – search – seizure – investigation – FIR --
final report
Unit III
Jurisdiction of the Court – inquiry – trial – commencement of proceedings – plea bargaining –
attendance of persons detained in custody – limitation for taking cognizance
Unit IV
Security for keeping peace – good behavior -- Maintenance of Public Order and Tranquility –
Preventive Action of the Police – Information to the Police and their Power to Investigate - order
for maintenance to wives, children and parents
Jurisdiction of the Criminal Courts in inquiries and Trials – Condition requisite for Initiation
Unit V
Juvenile Justice Act-causes of Juvenile delinquency-neglected juveniles- delinquent juveniles
authorities and institutions for Juveniles–Prevention and treatment of juvenile delinquency. Recent
developments.

15
Probation of Offender’s Act–Power of the court to release offenders after admonition on probation
of good conduct–Restriction on imprisonment of offenders under 21 years of age-variations of
conditions of probation- failure of offenders to observe conditions of bond-probation of offenders-
duties-protection of action taken in good faith.
Suggested Readings
Ratanlal and Dhirajlal - The Code of Criminal Procedure
R.V.Kelkar - Outlines of Criminal Procedure
Sohani - Code of Criminal Procedure
R.B.Sithi - Probation of Offenders Act 1958
Sheldon and Glueck - Unravelling Juvenile Delinquency
Vijay Hansaria - Juvenile Justice System.
ved kumari - juvenile justice system in india

CP15 Environmental Law


Subject shall be taught by incorporating the recent developments.
Unit I
The Concept of Environment – Meaning and Definition of Environment – Ecology – Ecosystems
– Biosphere – Biomes – Ozone Depletion – Global Warming – Climatic Change – Need for
Preservation and conservation of Environment – Ancient Indian Approaches to Environment –
Environmental Degradation and Pollution – Kinds, Causes and effects of Pollution –
Development and environment – the conflict of interest
Unit II
Remedies – Common Law Principles – Riparian Rights – Torts – Trespass – Negligence –
Strict Liability – Relevant Provisions of IPC, Cr PC and CPC – Public Nuisance – Remedies
under Specific Relief Act – Reliefs against smoke and Noise
Constitution and Environment – Right to Environment – Role of Judiciary on Protection of
Environment – Propounding of new principles – Strict & Absolute Liability – Sustainable
Development – Polluter Pays – Precautionary – Public Trust
Unit III
Legislative Measures for Prevention Control and Abatement of Pollution – Pollution
Control Boards – Authority of the Central Government under Environment Protection Act and
Rules – Eco-mark – Environment Impact Assessment – Laws on Protection of Forest and
Wildlife – Protection of Biodiversity – National Green Tribunal’s Act – Land Conservation –
issues relating to construction and mining
Unit IV
Recent Developments – Public Participation in Environmental Decision Making –
Environment Information – Public Hearing – Public Interest Litigation – Corporate Liability to
Protect Environment
Unit V
International Efforts for Environment Protection – Major Conventions, Declarations and other
International Measures

16
(The course shall include a study of the relevant provisions of the Constitution of India, the
Environment Protection Act including the Environment Protection Rules, the Water Act, the Air
Act, the Wildlife Protection Act, the Indian Forest Act, the Forest Conservation Act, the National
Green Tribunal Act and the relevant provisions of Code of Criminal Procedure and The Indian
Penal Code)

Suggested Readings:
Vikas Vashishth - Law and practice of Environmental Laws in India
P. Leelakrishnan - Environmental Law in India
N. S. Kamboj - Control of Noise of Pollution
Paras Diwan - Studies on Environmental Cases
S.N.Jain - Pollution Control and the Law
Armin Rosencranz - Environmental Law and its Policy in India
CP16 Code of Civil Procedure II
(including Limitation Act)
Subject shall be taught by incorporating the recent developments.
Unit I
Suits in particular cases - By or against government –By or against corporations, trustees,
executors, administrators – By or against minors and lunatics - By aliens and by or against foreign
rulers or ambassadors - Public nuisance - Suits by or against firm - Suits in forma pauperis –
Mortgages - Interpleader suits - Suits relating to public charities– Summary procedure -
Supplemental proceedings
Unit II
Interim Orders – commissions – arrest before judgement – attachment before judgement
temporary – injunctions – interlocutory orders – Receiver
Withdrawal and compromise of suits
Death, marriage and insolvency of parties
Unit III

Execution - the concept - general principles - power for execution of decrees - who may apply for
execution and against whom execution may be sought - definition of court which passed a decree -
transfer of decree for execution - Precept - execution, against transferees and legal representatives
– Different modes of execution - arrest and detention – attachment - sale - delivery of property -
stay of execution – payment under decree

Unit IV

Appeals - nature of the right of appeal - appeals from original decrees - Appeals from Appellate
Decrees - Appeals from Orders - Appeals to the Supreme Court - Procedure of Appeals and
Powers of Appellate Court - Reference - Review - Revision

Transfer of cases - Restitution –caveat - Inherent powers of the Court

17
Unit V

Law of Limitation - the concept-the law assists the vigilant and not those who sleep over the rights
– Object - Distinction with laches, acquiescence, prescription – bar of limitation – continuous
running of time - Sufficient cause for not filling the proceedings – Illness - Mistaken legal advice
- Mistaken view of law – Poverty - minority – Imprisonment - Legal disability – computation of
period of limitation – effect of acknowledgement- essential requisites of acknowledgement -
Continuing tort and continuing breach of contract – acquisition of ownership by possession –
extinguishment of right to property

Suggested Readings:

Takwani.C.K - Civil Procedure


Mulla - Code of Civil Procedure
Sarkar’s - Law of Civil Procedure
M.R..Mallick (ed.) - B.B. Mitra on Limitation Act

CP17Property Law
(Including Transfer of Property Act and Easement Act)
Subject shall be taught by incorporating the recent developments.
Unit I
Concept of property- different kinds of property - movable and immovable property – notice –
attestation – transfer of property – properties which cannot be transferred – operation of transfer
Rule against inalienability – rule against repugnant conditions – transfer to unborn persons – rule
against perpetuity – rule against accumulation -- Conditional transfers – conditions precedent and
subsequent – vested and contingent interest – doctrine of election
Unit II
Rules of apportionment – negative covenants – rule in Tulk v. Moxhay – transfer by ostensible
owner – Rule of priority – co-ownership – improvement by bonafide holder – fraudulent transfer
- doctrines of lis pendens and part performance
Unit III
Mortgage - various kinds of mortgages - charge - floating charge
Unit IV
Sale and exchange - sale and agreement to sell - rights and liabilities of seller and buyer
Lease -- Rights and liabilities of lessor and lessee - gift - conditions for valid gifts - actionable
claim
Unit V
Easement- Definition – classification -characteristic features - modes of acquisition - prescriptions
- extinction and license - quasi-easement – easement of necessity
Suggested readings:
Mulla, D.F. - Transfer of Property Act.
G.C. Mathur, Amin and Sastry’s - Law of Easements.
Venkatasubba Rao - Commentaries on the Transfer of Property Act.
Shukla S.N. - The Transfer of Property Act

18
CP18 Labour and Industrial Laws II
Subject shall be taught by incorporating the recent developments.
Unit I
Law Relating To Wages and Bonus: Theories of wages: marginal productivity, subsistence, wage
fund, supply and demand, residual claimant, standard of living --- Concepts of wages: minimum
wage, fair wage, living wage, need-based minimum wage --- Constitutional provisions
---Minimum Wages Act, 1948: Objectives and constitutional validity of the Act ---procedure for
fixation and revision of minimum rates of wages --- Payment of Wages Act, 1936: Regulation of
payment of wages --- Authorized Deductions – Payment of Bonus Act: Bonus --- Its historical
background, present position and exemptions
Unit II
Social Security against Employment Injury and Other Contingencies: Concept and development
of social security measures – Employers liability to pay compensation for employment injury –
Employees’ Compensation Act, 1923 –Concept of ‘accident arising out of’ and ‘in the course of
the employment’ – Doctrine of notional extension and doctrine of added peril – Total and partial
disablement – Quantum and method of distribution of compensation – Employees State Insurance
Act, 1948 – Benefits provided under the Act – Employees State Insurance Fund and Contributions
– Machinery for the implementation of the Act - ESI Court and appeal to High Court.
Unit III
Law Relating to Retirement Benefits: Employees Provident Fund and Miscellaneous Provisions
Act, 1952 – Family Pension Scheme 1971 and Employees Pension Scheme 1995 – The changing
rules regarding Employees Provident Fund and Pension Schemes – Payment of Gratuity Act, 1972
– Concept of gratuity – Eligibility for payment of gratuity – Determination of gratuity –
Forfeiture of gratuity

Unit IV
Law Relating to Labour Welfare: Philosophy of Labour Welfare – Historical Development of
labour welfare legislations – Health, Safety and Welfare measures under the Factories Act, 1948 –
Welfare of Women and Child – Protective provisions under Equal Remuneration Act – Protective
Provisions under the Maternity Benefits Act – Contract Labour: Problems of contract labour –
Process of contractualisation of labour -- Contract Labour (Regulation and Abolition) Act, 1970
– Controversy regarding Abolition of Contract Labour – Land mark cases
Unit V
Law Relating To Workers of Unorganized Sector: Problem of Definition and Identification –
Unorganized Sector Workers’ Social Security Act, 2008 – Weaker Sections of Labour – bidi
workers, domestic workers, construction workers, inter-state migrant workmen – Legal

19
Protection: Bonded Labour System (Abolition) Act, 1976; Inter State Migrant Workmen
(Regulation of Employment and Conditions of Service) Act, 1979 – Child Labour (Prohibition
And Regulation) Act, 1986: Aims and Objects of the Act – Definition of Child labour –
Prohibition of work by Children in certain Occupations and processes – Regulation of conditions
of work by children
Suggested Readings:
G.B. Pai - Labour Law in India
P.L. Malik’s - Industrial Law
R.C. Saxena - Labour Problems and Social Welfare
V.V. Giri - Labour Problems in Indian Industry
Indian Law Institute - Labour Law and Labour Relations
P.L. Malik, Srivastava’s -Law Relating to Trade Unions and Unfair Labour Practices in India
Dr. V.G.Goswami -Labour and Industrial Law, Central Law Agency, Allahabad.
S.N.Mishra -Labour and Industrial Law, Central Law Agency, Allahabad.
Khan and Khan - Labour Law, Asia Law House, Hyderabad
Reports of the National Commission on Labour
CP19 Law of Criminal Procedure II
(including Criminal rules of Practice)
Unit-I
Complaints to Magistrates---Commencement of proceedings before Magistrates---Charge and
Joinder of Charges
Unit-II
Common features of trial – fair trial – inquiry and trial – Mode of taking and recording of
evidence in Inquiries and Trials – Commission –Trial of summons case, warrant case – Summary
trial – disposal without full trial – bar to trial
Unit-III
Compounding and non compounding of offences – Trial of accused persons of unsound mind---
Provisions as to offences affecting the Administration of Justice – Bail – anticipatory bail –
disposal of property – irregular proceedings
Unit-IV
Transfer of cases – Judgment – death sentence confirmation – appeal – revision – reference –
execution – commutation of sentence
Unit-V
The Criminal Rules of Practice in Kerala – Summons – Absconding Accused – Presentation of
Pleadings, Reports, Documents – Remands – Affidavits – Preliminary Inquiries and Trial
Suggested Readings :
Ratan Lal & Dhiraj Lal - Code of Criminal Procedure
R.V.Kelkar - Outlines of Criminal Procedure
Sohoni - Code of Criminal Procedure
Chakravarthy - Juvenile Justice Act
20
CP20 Company Law
Subject shall be taught by incorporating the recent developments.
Unit I:
Meaning and nature of company with emphasis on its advantages and disadvantages over other
forms of business organizations - Different kinds of company including One Person Company and
Foreign Company
Promotion of Companies - Promoters: Position, duties and liabilities - Pre-incorporation Contracts
Process of Incorporation - legal and procedural requirements
Constitutional documents of a company - Memorandum of Association: meaning, purpose, form,
contents, alterations and the doctrine of ultra-vires - Articles of Association: meaning, purpose,
form, contents, binding nature, alterations and the doctrines of indoor management and
constructive notice - relation between Memorandum and Articles
Consequences of incorporation - uses and abuses of the corporate form - lifting of corporate veil
Theories of corporate personality
Unit II
Different modes of corporate financing
Equity Finance:-share and share capital - meaning, nature and kinds - various rights and duties
attached to these shares - pre-emptive rights and variation of class rights - prospectus: Issue,
contents, kinds and liability for misstatements - statement in lieu of prospectus - information
disclosure - issue and allotment of shares -shares without monetary consideration, Non-opting
equity shares - share transfer, surrender, forfeiture and transmission of shares - share certificate -
share warrant dividends - membership in company - its acquisition and termination – member and
shareholder
Debt Finance: borrowing powers - debenture: nature, issue and kinds – creation of charges - fixed
and floating charges – mortgages - convertible debentures - inter-corporate Loans and investments
Doctrine of capital maintenance – control over corporate spending - role of Court in protecting the
interests of creditors and shareholders
Unit III
Company and its various organs including division of powers between Board of Directors and
Company in General Meeting
Company meetings and Resolutions: kinds of Meetings - essential conditions of a valid Meeting -
procedure for calling Company Meetings – Resolutions: kinds and procedures –voting: emerging
trends - E- Governance
Directors and other managerial personnel – position, qualifications, disqualifications,
appointment, removal, powers, duties and Liabilities – remuneration –company secretary
Appointment of auditor - powers, rights and liabilities of auditor
Corporate abuses and remedies - the balance of powers within companies - majority control and
minority protection - prevention of oppression and mismanagement - powers of court and Central
Government
Unit IV

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Emerging trends in corporate social responsibility - corporate criminal liability and corporate
environmental liability
Corporate re-structuring – compromises, arrangements, mergers, acquisitions - reconstruction and
amalgamation
Winding up of Company - meaning and types - grounds for compulsory winding up -
appointment, powers and duties of Liquidator - contributories - consequences of winding up
Unit V
Role of Registrar of Companies, Regional Director, National Financial Reporting Authority,
Serious Fraud Investigation Office, SEBI, RBI, National Company Law Tribunal, National
Company Law Appellate Tribunal, Special Courts, High Court and the Supreme Court in
overviewing and regulating the affairs of companies in India
Suggested Readings:
Clive M. Schmitthoff - Palmer’s Company Law
L.C.B. Gower - Principles of Modern Company Law
Farrar’s - Company Law
John Birds et al - Boyle & Birds’ Company Law
A. Ramaiya - Guide to Companies Act
G. K. Kapoor (Dr.) & Sanjay Dhamija - Taxmann’s Company Law and Practice
Avtar Singh (Dr.) - Company Law

CP-21 Law of Evidence


Subject shall be taught by incorporating the recent development
Unit I
Nature and Purpose of Law of Evidence - Real Evidence - Circumstantial Evidence - Direct-
Indirect - Fact - Fact in issue - Proof - Relevancy – Admissibility - Golden Rule of Evidence
Unit II
Facts - Facts to Prove Conspiracy
Admissible Evidence - Res Gestae – Occasion - Motive-Preparation - Explanatory facts -Similar
Facts – Accidental - Intentional Acts - Admission - Confession - Confession to Police.
Unit III
Statements of persons who cannot be called as witnesses - Dying Declaration - Statement under
Special Circumstances - Evidentiary Value of Judgments - Opinion Evidence - Digital Evidence
-Character in Civil and Criminal Cases
Unit IV
Proof - Proved – Disproved - Not Proved - Facts Need Not be Proved - Methods of Proof - Oral
and Documentary Evidence - Presumption as to Documents - Exclusion of Oral Evidence -
Ambiguity
Unit V
Burden Of Proof - Presumption – Estoppel - Privileged Communications – Witnesses -
Accomplice Evidence - Examination of Witnesses - Judges Power to Ask Question

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Suggested Readings:
Ratanlal – The Law of Evidence
Woodroffe Ameer Ali – The Law of Evidence
Sarkar Law of Evidence
-
Basu – The Law of Evidence
Avtar Singh - Law of Evidence
Vepa P Sarathi - Law of Evidence

CP 22 Law of Direct Taxation


Subject shall be taught by incorporating the recent developments.
Unit I
Definition and basic concepts, origin and development of taxation, Canons of taxation- Adam
smith, Various forms of revenue generation- tax, cess, fee, toll, excise, duties, customs – Methods
of taxation- proportional, progressive, Tax avoidance, evasion, planning, management
Constitutional Provisions – federal polity and taxation issues, budget, finance Act, money bill,
limits on taxing powers – Legislative entries – interstate sale – sale or purchase in the course of
export or import
Unit II
Taxes on Income – residential status – scope of total income -- exempted income -- basis of
charge -- heads of income – Salaries – Income From House Property – Profits And Gains Of
Business Or Profession – Capital Gains Income From Other Sources
Unit III
Clubbing of income – set off and carry forward of losses -- Liability in special cases
Unit IV
Authorities of Income Tax - filing of returns and assessment - provisions for appeal – review
-settlement of cases – collection –recovery – refund – penalties, offences and prosecution –
provisions relating to search and seizure
Unit V
Wealth Tax – Charge, Computation, Inclusions and exclusions – Powers of Authorities,
Assessment and Penalties – Appeals, Revision – settlement of cases
Suggested Readings:
Dr. Kailash Rai, - Taxation Laws
Kanga Palkhivala - The Law and Practice of Income Tax (introduction only)
Sugathan, - Law of Sales Tax in Kerala (introduction only)
Sampath Iyengar - Income Tax Law (introduction only)
D.D. Basu - Shorter Constitution of India.
V.N. Shukla - Constitution of India.
Sreenivasan - Principles of taxation
Gopalakrishnan - Law of taxation
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CP23 Law of Indirect Taxation
Subject shall be taught by incorporating the recent developments.
Unit-I
Types of taxes - direct and indirect – merits and demerits - History, types and methods of indirect
taxation – policies of indirect taxation constitutional provisions relating to indirect taxation –
relevant Taxation Enquiry Committee Reports
Unit-II
Central Excise Act 1944 -- Definitions – Concept of manufacture, deemed manufacture, Basic
concepts of levy and collection, valuation of goods, penalties
Unit-III
Customs Act – custom port, airports, warehouse, prohibition on import/exports/illegal exports,
Fixation of duty, Powers of authority, search, seizure, arrest, confiscation, penalties, presumption
as to documents, transport by sea
Unit-IV
Value Added Tax – History – General Principles – Special Reference to Kerala Value Added Tax –
Sale, Dealer, Registration, Levy, Returns, Assessment, Powers of Authorities, Penalties –
Unit-V
Goods and Services Tax---Constitutional basis for GST – Justification for GST – Central GST,
State GST, IGST Model – merits and demerits of the new system
Suggested Readings:
Dr. Kailash Rai -TaxationLaws
Malhotra and Goyal – Direct Taxes Law and Practice (Wealth Tax Part only)
Singhania V. K. – Direct Taxes Law and Practice
R. B. Sethe – Central Excise Act and Rules
Dr. Hemalatha Rao – Value Added Tax (Design and Policy Issues)
Chandrakanth. T . Shah and Pradeep shah – VAT Simplified, Explained & Illustrated

CP24 PUBLIC INTERNATIONAL LAW


Subject shall be taught by incorporating the recent developments.
Unit I
International Law-definition-sources-relation with municipal law-subjects of international law-
theories as to the basis of international law-subjects of international law-states-individuals-
international organizations
Unit II
State-incidence-various types of states-recognition of states-territorial sovereignty-state
jurisdiction-civil-criminal-extradition-asylum-privileges, immunities of foreign states-diplomatic
and consular relations–Transmission of rights and duties-state succession-territorial sovereignty
and domestic jurisdiction-doctrine of reversion
Unit III

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The law of treaties-conclusion of treaties-reservations-entry in to force- deposit and registration-
invalidity of treaties-invalidity-termination and suspension-application and effects of treaties-
amendments and modifications- interpretations of treaties
Unit IV
International organizations-Legal personality-performance of acts in the law - The U.N. General
Assembly–Security Council–U.N.–Peace enforcement and peacekeeping–Economic and Social
Council–International Court of Justice–Organization of Courts–Jurisdiction

Unit V
Law of the Sea – Territorial Sea – Contiguous Zone – Continental Shelf – Exclusive Economic
Zone – emerging issues

Suggested Readings:
Starke – International Law
Brownlie – International Law
Oppenheim – International Law
S. K. Kapur – Public International Law
Tandon – Public International Law

OP 01 LEGAL LANGUAGE AND LEGAL WRITING


The object of the paper is to give general awareness of basic concepts relating to law learning and
to inculcate in students language skills.
Unit I
Law – Definition – Relevance – significance of Language in learning law
Nature of disputes – Hierarchy of courts (civil & criminal) – Jurisdiction – Tribunals
Unit II
Sources of Law – Legislation – Subordinate and delegated – Precedent – stare decisis – Ratio
decidendi – obiter dictum – custom – conventional – secondary sources of law
Unit III
Plaint, written statement, affidavit, interlocutory application – Appeal, Revision, Bail,
Memorandum and Articles of Association – Deeds – Conveyancing – General use of legal terms
and idioms – words and phrases
Unit IV
Use of Law Library – case reading – comment – abbreviation – law journals – numbering of
cases in courts – legal maxims and its usage – Important Maxims – 1.Caveatemptre – 2.Actus
non-facit reum nisi mens rea – 3.Nemo dat quod non habet – 4. Autrefois acquit – 5.Autrefois
convict – 6.Causa Proxime, non remota spectata – 7.Damnum sine injuria – 8.Delegatus non
potest delegere – 9.De minimis non curat lex – 10.Ex nudo pacto non oritur action – 11.In turpi
causa non oritur actio – 12. Fiat justitia ruat coelum – 13. Falsus in uno falsus in omnibus –
14.Generalia specialibus non derogant – 15. Ignorantia juris nominum excusat – 16. Necessitas
non habet legem – 17. Novus actus interveniens – 18.Qui facit per alium facit per se – 19. Quid
pro quo – 20.Ubi jus ibi remedium – 21. Audi alterum partem – 22. Nemo judex in causa sua –
23. Rebus sic stantibus – 24. Res ipsa loquitur – 25.Spes successionis – 26.Ut res magis valeat
quam pereat – 27. Expressio Unius est exclusio alterius – 28.Obiter dicta – 29.Populi est

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suprema lex – 30.Volenti non fit injuria – 31.Ultra vires – 32.Ratio decidendi – 33.Lis pendens –
34.Injuria Sine Damnum
Unit V
Comprehension skills – complaint and petition drafting – to quasi-judicial authorities and public
authorities

Suggested Readings :
Glanville Williams – Language and the law (19) 61 L.Q.R. 71,179,293,384
U.C. Thornton – Legislative Drafting, Butterworth, London Chapters 1 – 5
James A. Holland
and – Learning Legal Rules Universal Book Traders Delhi, Chapter 426
Julian S. Webb
Arthur T. Vanderbilt – Studying Law New York University Press,Washington, Chapters 6,8
Glanville Williams – Learning the Law,Chapters 4,5,6,12.
Peter Goodrich – Languages of Law
Black’s Law Dictionary
Dictionary of Legal Terms and Expressions

OP 02 LOCAL SELF GOVERNMENT INCLUDING PANCHAYAT ADMINISTRATION


Unit I
Local Government: Evolution, Meaning, Features and Significance.-village panchayats in ancient
India- Gandhiji’s idea of village panchayats-various committee reports
Unit II
Urban Local Bodies: Municipal Corporation, Municipal Council and Municipal Committees-their
Meaning Features, Role and Significance.
Unit III
Panchayat raj institutions-The nature and scope of Article 40 - 73rd and 74th Constitution
Amendment Act

Unit IV
Panchayati Raj Institutions: Composition, Functions, Sources of Income of Gram Panchayats,
Panchayat Samiti and Zila Parishads. District Planning Committee:
Unit V
Statutory Authorities under local governance system---State Finance Commission. State Election
Commission-governmental and judicial control over panchayat raj institutions-Tribunals
ombudsman-audit
Suggested Readings:

26
Radha kumud Mukherjee -Local government in ancient India

Avasthi A. (Ed.)1972 - Municipal Administration in India; Lakshmi Narayan Agarwal


Bhattacharya, B., 1979 -Urban Development in India
Gandhi, M.K. 1959 - Panchayati Raj, Navjeevan
Jain, S.P. (ed.), 1995 - Panchayati Raj Institutions in India: An Appraisal.
Venkatarangaiya - Local Government in India
Puri, K.K. 1985 -Local Government in India, Bharat Prakashan, Jalandhar.
Puri, V.K. 2005 - Local Government and Administration
Singh Sahab and Singh Swinder- Public Administration, Development and Local Administration

OP 03 HUMAN RIGHTS LAW AND PRACTICE


Unit I
Foundational Aspects - Meaning and Concept of Human Rights - Notion and Classification of
Rights : Natural, Moral and Legal Rights, Three Generations of Human Rights (Civil and Political
Rights; Economic, Social and Cultural Rights; Collective/Solidarity Rights) Theoretical
Dimensions - Basis and Sources of Human Rights - Theories of Human Rights-Relevance of
ratification by states-Impact of ratifying with reservation -Meaning of Legal Instrument- Binding
Nature -Types of Instruments: Convention -Covenant-Charter-Declaration-Treaty- - Optional
Protocols
Unit II
Evolution of the Concept of Human Rights - Journey from Magna Carta to the Universal
Declaration of Human Rights (Magna carta; The United States Declaration of Independence; The
French Declaration of the Rights of Man and the Citizen; United States Bill of Rights; Geneva
Convention of 1864; Provision of Charter of UN ; Universal Declaration of Human Rights, 1948.)
-International Bill of Rights (Significance of Universal Declaration of Human Rights,
International Covenant on Civil and Political Right and optional Protocols; and the International
Covenant on Economic, Social and Cultural Rights)- Right to Development
Unit III
The Convention on the Prevention and Punishment of the Crime of Genocide-UN Convention
Against Torture, Cruel and Degrading Treatment and Punishment- UN Declaration and Duties and
Responsibilities of Individuals 1997 -UN agencies to monitor compliance with Human Rights
and mechanisms for enforcement -Meaning and Concept of Human Rights Education-
Transformation of human rights framework from international to national level with special
reference to India - Role of Indian judiciary, Human Rights Commissions -Role of advocacy
groups - NGOs, Mass media
Unit IV
Meaning and Concept of Vulnerable and disadvantaged Human Rights Of Socially Excluded
(Brief Idea may be given about each)- Human Rights of Children with special emphasis to
Convention on the Rights of the Child 1989-Human Rights of Indigenous People with special
reference to Declaration on the Rights of Indigenous People to –Human Rights of Disabled with

27
special focus on UN Convention on Persons with Disabilities- United Nations Declaration on the
Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities
UNIT V
Women- Convention on the Nationality of Married Women –Convention on Minimum Age,
Consent and Registration of Marriage-Importance of Four World Conferences for Women
Convention on the Elimination of All Forms Of Discrimination Against Women-Role of
Commission on the Status of Women-UN Women, UN Initiatives To Protect Older People,
International Convention on the Protection of the Rights of All Migrant Workers and Members of
Their Families 1990 Convention relating to the Status of Refugees,1954- Brief introduction to
International Humanitarian law
Suggested Readings
H.O. Agarwal -Human Rights
Dr S.K. Kapoor -Human Rights under International Law and Indian
Law
Janusz Symonides -Human Rights: Concepts and Standards
Text of UN Conventions and Declarations
Amartya Sen - The Idea Justice
Conor Gearty and Adam Tomkins (eds) - Understanding Human Rights
David Beetham - Politics and Human Rights
Michael Freeman - Human Rights: An Interdisciplinary Approach

OP 04 INTELLECTUAL PROPERTY LAWS


Unit I
Concept of Property – Corporeal and non-corporeal property – tangible and intangible Property –
meaning of intellectual property – concept of protection of main forms of intellectual property –
international convention – world intellectual property rights organisation
Unit II
Copyrights (Indian Copyright Act, 1957): Introduction to Copyright Law - Brief Introduction to
related International Treaties and Conventions - Subject Matter of Copyright, Economic and
Moral Rights - Authorship and Ownership, Term of Copyright and Assignment-Licensing -
Infringement and Remedies - Exceptions: Fair Dealing - International Copyright Order - Issues in
Digital Copyrights
Unit III
Trademarks (The Trademarks Act, 1999) – Introduction to Trademark Law - Brief Introduction
to related International Treaties and Conventions - Definitions, Registration of Trademarks,
Procedure, Grounds of Refusal andWell Known Trademarks - Passing Off, Infringement and
Exceptions to Infringement Actions, Remedies - Assignment and Licensing - Intellectual Property
Appellate Board - Conflicts of Trademarks with Domain Name - Unconventional Trademarks
Unit IV

28
Patent (The Patents Act, 1970) - Introduction to Patent Law - Brief Introduction to related
International Treaties and Conventions - Definitions, Criteria for Patents, Patentable Inventions -
Non-Patentable Inventions - Procedure for Filing Patent Application - Revocation of Patent,
Licensing, Compulsory Licensing - Parallel Import - Rights of Patentee, Patent Infringement and
Defences
Unit V
Industrial Design (The Designs Act, 2000) - Introduction to Designs Law - Brief Introduction to
related International Treaties and Conventions - Definitions, Registration of Designs and
Procedure - Cancellation of Registration of Design - Piracy of Registered Design and Remedies -
Overlapping Between Designs Copyrights and Trademark – Geographical indication – traditional
knowledge and trade secret

Suggested Readings:
N.S. Gopalakrishnan & T.G. Ajitha -Principles of Intellectual Property
B.L. Wadhera -Law Relating to Intellectual Property
S. Narayan, -Intellectual Property Law in India
A. K. Bansal -Law of Trademark in India
V.K. Ahuja -Law Relating to Intellectual Property Law
Elizabeth Verkey -Law of Patents
Jayashree Watal - Intellectual Property Rights in the WTO and Developing Countries.
P. Narayanan -Law of Trademarks (The Trademarks Act 1999) and Passing Off.
W.R. Cornish - Intellectual Property: Patents, Copyright, Trademark and Allied Rights.
C.S. Lal -Intellectual Property Handbook: Copyright, Designs, Patents and Trademarks.

OP 05 Banking Laws
(including Negotiable Instruments Act)
Unit I

Indian Banking System and Reserve Bank---Indian Banking System – Evolution—social


responsibility-- Different Types of banking and their functions—Commercial Banks—Public
sector and Private Sector Banks --Regional Rural Banks--Co-Operative Banking System—
HUDCO--National Bank for Agriculture and Rural Development (NABARD)-- Small Industries
Development Bank of India (SIDBI)--- Export Import Bank of India (EXIM Bank)—Islamic
Banking—ICICI—IDBI—Scheduled Banks--Nationalization of Banks—International Banking-
concepts, merits and demerits--RBI as a central bank—Functions of RBI---New Bank Licensing
Policy, 2013 --Cash Reserve Ratio --Statutory Liquidity Ratio (SLR)
Unit II
Banker – Customer Relationship---Meaning of a Banking Company –Meaning of customer—
Relationship between banker and customer—Rights and Obligations of a Banker and customer—
Opening of account--Pass Book and Statement of Account ---Special types of customers—
29
precautions--Minor, joint account holders, company, firm, administrator, trustee, power of
attorney--- Various Deposit Schemes --‘Know Your Customer’ (KYC) Guidelines of the RBI--
Closing of a Bank Account - Insurance of Bank Deposits-- Salient Features of Deposit insurance--
Nomination --Settlement of Claims—Banking ombudsman.
Unit III
Law relating to Negotiable Instruments---Introduction—Negotiation-legal aspects of Promissory
note, Bill of Exchange, cheque, travellers’ cheque—Differences between them—Liabilities and
rights of parties to the Negotiable Instruments- --Crossing of a Cheque—Different types of
crossing-- Endorsements—different kinds of endorsements- Paying Banker-- Obligations and
Protection to Paying Banker-- Collecting Banker –Obligation and protection-Dishonour of
cheque-remedies-Bill of exchange—noting and protest—Material alteration of negotiable
instruments.
Unit IV
Loans Securities and Recovery--- Principles of Lending –overdraft—System of loans--Credit
Worthiness of Borrowers -- Precautions-- Personal Loans --Consumer Loans-- Secured
advances-- Kinds of securities—Guidelines of RBI against risk—Debt recovery—principles and
procedure--Debt Recovery Tribunals –Recovery under Securitisation Act--Letters of Credit and its
advantages—Types of letter of credit-Rights and responsibility of respective parties
Unit V
Electronic Banking and Information Technology in Banks---Reforms in banking --Automated
Teller Machines (ATMs) – Internet Banking—tele banking --Core Banking–mobile banking—
Electronic clearing system-National electronic fund transfer—Real time gross settlement---smart
card—credit card—debit card—International cards—Regulatory measures-- Bank fraud—
concepts and dimensions—prevention and detection—remedial measures and punishment—Risk
management—Credit and liquidity risk management—Basel III --important aspects—
Globalization and its effects in banking sector.
Suggested Readings
M.L.Tannan, revised by Datta & S.K. Kataria - Banking Law and Practice
Paget - Law of Banking
L.C.Goyle, - Law of Banking and Bankers
P.N.Varshney, Sultan Chand &Sons - Banking Law and Practice
Avtar Singh - Banking and Negotiable Instruments
A.B. Srivastava - Seth’s Banking Law
R.K. Gupta - Banking Law and Practice in 3 Vols.
Prof. Clifford Gomez -Banking and Finance - Theory, Law and Practice
J.M. Holden -The Law and Practice of Banking
M.S. Parthasarathy (Ed.), -Khergamwala on the Negotiable Instruments
Act
S.N.Gupta, -The Banking Law in Theory and Practice
G.S.N.Tripathi (Ed.), -Sethi's Commentaries on Banking Regulation Act
1949 and Allied Banking Laws
Mukherjee. T.K., -Banking Law and Practice

30
Information Technology Act, 2000
OP 06 LAND LAWS INCLUDING TENURE AND TENANCY SYSTEM
Unit- I
Indian Systems of Law and relation in real property – concept of property and Constitutional
Provisions – Articles 31 and 300 – Land Reforms basic concept of Gandhian Philosophy – Land
to the Tiller Policy – Indian Development and Socialistic Society – Land Reforms- Ideology and
Practice
Unit- II
Land Acquisition – Public Purpose – Compensation and Remedies – modern Economic
Development and Importance of Real Property – Land Conservation – Land Utilisation
Unit- III
Protection of Tribal Land, Forest Land, Wet Land etc
Unit-IV
Land Reforms Legislation – fixity of tenure, resumption, restoration – nature of tenant’s rights –
purchase of landlord’s right by cultivate tenant – prohibition for future tenancies – Kudikidappu
rights and liabilities – Restrictions on ownership and possession for land in excess of ceiling areas
– rural and urban utilization and land development – conservation of Government Lands
Unit-V
Element of environment and land laws- Protection of tribal land- forest land – wetlands-
agricultural land – lands of ecological significance- rural and urban land utilisation and land
development
Suggested Statutes:
Land Reforms Act, 1963
Land Acquisition Act, 2003
Urban Land (Ceiling and Regulation)Act, 1976
Land Conservancy Act, 1957
The Kerala Restriction on Transfer by and Restoration of Lands to Scheduled Tribes Act, 1999
The Kerala Conservation of Paddy Land and Wetland act, 2008
The Kerala Land Utilisation Order, 1967
The Kerala Land Development Act 1964
The Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001

Suggested Readings:

Sugathan - Land Laws of Kerala


Sri. George Johnson and Dominic Johnson- Laws of Land in Kerala
Dr. N. Maheswara Swami - Land laws under the Constitution of India
A Gangadharan - Law of Land Reforms in Kerala
D.K. Basu - Constitution of India

OP 07 INTERPRETATION OF STATUTES AND PRINCIPLES OF LEGISLATION

31
Unit 1
Introduction: Interpretation - Meaning, Objects and Scope of – Difference between interpretation
and construction – Statutes – Nature and Kinds - Commencement, operation and repeal of statutes
- Purpose of interpretation of statutes - Basic Sources of Statutory Interpretation - The General
Clauses Act, 1897: Nature, Scope and Relevance (Ss.6- 8) – Aids to Interpretation: Internal aids
and External Aids.

Unit II
Rules of Statutory Interpretation and Presumptions in statutory interpretation: Primary Rules –
Literal rule, Golden rule, Mischief rule (rule in the Heydon's case), Rule of harmonious
construction – Secondary Rules: Noscitur a sociis, Ejusdem generis, Reddendo singula singulis –
Presumptions: Statutes are valid, Statutes are territorial in operation, Presumption as to
jurisdiction, Presumption against what is inconvenient or absurd, Presumption against intending
injustice, Presumption against impairing obligations or permitting advantage from one's own
wrong, Prospective operation of statutes.
Interpretation with reference to the subject matter and purpose: Restrictive and beneficial
construction, Interpretation of – Taxing statutes, Penal statutes, Welfare legislations, substantive
and procedural statutes, directory and mandatory provisions, enabling statutes, codifying and
consolidating statutes, statutes conferring rights, statutes conferring powers, Statutes affecting the
state, Statutes affecting the jurisdiction of courts

Unit III
Maxims of Statutory Interpretation: Maxims – Delegatus non potest delegare, Expressio unius
exclusio alterius, Generalia specialibus non derogant, In pari delicto potior est conditio
possidentis, Ut res magis valeat quam pereat, Expressum facit cessare tacitum, In bonam partem

Unit IV
Interpretation of the Constitution: Rule of Harmonious construction, Doctrine of pith and
substance, Colourable legislation, Ancillary powers, Occupied field, Residuary power, Doctrine of
repugnancy

Unit V
Principles of Legislation: Law-making - the legislature, executive and the judiciary - Principle of
utility - Relevance of John Rawls and Robert Nozick - individual interest to community interest -
Operation of these principles upon legislation - Distinction between morals and legislation

Suggested Readings:
P. St. J. Langan -Maxwell on the Interpretation of Statutes
Vepa P. Sarathi - Interpretation of Statutes
G.P. Singh - Principles of Statutory Interpretation
Bentham - Theory of Legislation
Bakshi - Legislation
Brown - Underlying Principles of Modern Legislations
Dr. Nirmal Khanthi Chakravarthi – Principles of Legislation and Legislative Drafting
S.G.G. Edgar -Craies on Statute Law
Swarup Jagadish -Legislation and Interpretation
K.Shanmukham -N.S.Bindra’s Interpretation of Statutes
32
M.P.Jain -Constitutional Law of India
M.P.Singh, (Ed.) -V.N.Shukla: Constitution of India
U.Baxi -Introduction to Justice K.K.Mathews, Democracy Equality and
freedom
P.K. Tripathi -Spotlight on Constitutional Interpretation
M.P. Tandon -Interpretation of Statutes

OP 08 GENDER JUSTICE AND FEMINIST JURISPRUDENCE


Unit -I

Women empowerment as a social change – Role of law in empowering women –Feminism and
Feminist Jurisprudence – Emergence of feminism and feminist jurisprudence -Different theories
of feminism and feminist jurisprudence- Distinction between “sex” (nature) and “gender”
(culture)-Concept of gender justice – Gender Discrimination – Gender Equality
Unit - II
Gender Justice under the Constitution of India – Social justice and gender justice -
interrelationship – Article 14, 15 and 16, Article 21& 23, Directive Principles of State
Policy and fundamental duties- Reservation under 73 rd &74th Constitutional amendment –
Judicial approaches to equality – Formal and Substantive equality – Sameness,
Correctionist and Protectionist approaches of Judiciary – Role of Human Rights
Commissions,Women’s Commissions and judiciary in ensuring Gender Justice
Unit- III
Personal laws and Gender Justice –– Marriage and Divorce, Maintenance-guardianship-adoption
Inheritance Right, Uniform Personal Code, Concept of Matrimonial property – emancipation of
Women – Empowerment of Women and Local Self Government
Unit- IV
Gender Justice and Criminal Law – Protection of women’s interests under IPC – relevant
offences Dowry death -Rape - Bigamy - Adultery .Cruelty to married women – Criminal Law
Amendment Act 2013 – Special legislations for Women – Prisons Act 1894, Factories Act 1948,
Mines Act 1952, Immoral Traffic (Prevention Act) 1956, Dowry Prohibition Act 1961, Maternity
Benefit Act 1961, Medical Termination of Pregnancy Act 1971, Equal Remuneration Act 1976,
indecent Representation of Women (Prohibition) Act 1986, Commission of Sati (Prevention) Act
1987, Pre-conception and Prenatal Diagnostics Techniques (Prohibition of sex Selection) Act
1994, Prevention of Women from Domestic Violence Act 2005, Sexual Harassment of women at
Workplace (Prevention, Prohibition and Redressal) Act 2013
UNIT V
Gender Justice under International Conventions and Declarations – Judicial Attitude towards
Gender Justice
Suggested Readings:

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Prof.(Dr.) G.Rajasekharan Nair - Gender Justice under Criminal Justice System
G.B.Reddy - Women and the Law
S.P.Sathe - Towards Gender Justice,
Lalita Dhar Parihar - Women and Law: From Impoverishment to
Empowerment.
Rathin Bandyopadhyay (ed), - Women Rights Human Rights
Patricia Smith (ed.) - Feminist Jurisprudence
Ratna Kapur and Brenda Crossman - Subversive Sites: Feminist Engagements with Law in India
Paras Diwan and Piyush Diwan - Women and Legal Protection
Susan Edwards (ed.) - Gender, Sex, Law
Catherine A. Mackinnon - Towards a Feminist Theory of the State
Indu Prakash Singh - Women, Law and Social Change in India
Anjani Kant - Women and the Law

PRACTICAL TRAINING PAPERS


All practical papers shall be guided by a team of three teachers. For all practical training papers,
students have to maintain separate records/Diaries of practical work done, as instructed by the
head of the institution and the teachers concerned. The records shall be submitted to the teachers
concerned before the end of the relevant semester. Students shall not be admitted for the viva-vo
examination without the completed record with the signature of the teacher in charge and the head
of the institution.
PT 01 PROFESSIONAL ETHICS AND PROFESSIONAL ACCOUNTING SYSTEM
This course will be taught on the basis of the following materials.
i. Mr. Krishnamurthy Iyer’s book on“Advocacy”
ii. The Contempt Law and Practice
iii. The Bar Council Code of Ethics
iv. 50 selected opinions of the Disciplinary Committee of Bar Council and 10 major
judgments of the Supreme Court on the subject.
v. Other reading materials as may be prescribed by the University. Examination rules of
the University shall include assessment through case-study, viva and periodical problem
solution besides the written tests.
Out of the 100 internal marks for the paper, 75 marks shall be given by the Faculty in charge on
the basis of evaluation of exercises, assignments etc, and students are required to maintain a
Record of such exercises, assignments etc. The breakup of marks shall be as follows.
1. One Classroom assignment and presentation on
Judgments of the Supreme Court on the subject - 10 marks
2. One Classroom assignment and presentation on opinion of the
Disciplinary Committee of Bar Council - 10 marks
3. Practical Record - 25 marks
4. Two Test papers carrying 15 marks each on
the Advocates Act and the Rules,
Bar Council of India Rules and
the Contempt of Courts Act - 30 marks
5. Viva voce - 25 marks

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The viva-voce is to be conducted internally by a Board comprising of three senior Law Faculty
members of the institution

PT 02 DRAFTING, PLEADING AND CONVEYANCING


Outline of the course:
i. Drafting: General principles of drafting and relevant substantive rules shall be taught
(b) Pleadings:
(i) Civil: Plaint, Written Statement, Interlocutory Application, Original Petition,
Affidavit, Execution Petition, Memorandum of Appeal and Revision, Petition
under Article 226 and 32 of the Constitution of India.

(ii) Criminal: Complaint, Criminal Miscellaneous Petition, Bail Application,


Memorandum of Appeal and Revision.

(iii) Drafting of Writ Petition and PIL Petition.


(c) Conveyancing:
Sale Deed, Mortgage Deed, Lease Deed, Gift Deed, Promissory Note, Power of
Attorney, Will and Trust Deed
The course will be taught through class instructions and simulation exercises, preferably with the
assistance of practicing lawyers/retired judges. Apart from teaching the relevant provisions of law,
the course may include not less than 15 practical exercises in drafting carrying a total of 45 marks
(3 marks for each) and 15 exercise in Conveyancing carrying another 45 marks (3 marks for each
exercise) remaining 10 marks will be given for viva voce, which shall be internally conducted by
the Board comprising of a practicing lawyer and two senior law faculty members of each
institution. The students are required to maintain a record of the practical works, assignments,
exercises etc.

PT 03 ALTERNATE DISPUTE RESOLUTION


Outline of the course:
i. Negotiation skills to be learned with simulated programme
ii. Conciliation skills
iii. Arbitration Law and Practice including International Arbitration and Arbitration Rules
Different kinds of ADR systems – Tribunals – Ombudsman – Arbitration –
Conciliation, Negotiation and Mediation
iv. Awards – Making of Arbitral awards – form and Contents of Awards
v. Access to justice movement in India – increasing importance and focus on ADR system
in India – Equal justice for all and Legal Aid Clinics. Lok Adalats as means of dispute
resolution through conciliation and mediation- The legal services Authorities Act-
Funds for legal aid Organisation- Power and Awards of Lok Adalats – Neethi mela- Lok
nyayalaya – Gram Nyayalaya under decentralised Local Government bodies

35
The course is required to be conducted preferably by senior legal practitioners and academicians
through simulation and case studies. Evaluation may also be conducted in practical exercises at
least for a significant part of the evaluation. The students are required to maintain a record of the
practical works, exercises, assignments etc.
Out of the 100 internal marks for the paper, 25 marks shall be set apart for an internal viva-voce to
be conducted by a Board comprising of a practicing lawyer and two Senior Law faculty of each
institution.
Conduct of classes and distribution of marks shall be as follows.
i. Effective Participation in two Lok Adalats -10 marks
ii. Test paper based on Arbitration Law -15 marks
iii. Test Paper on Legal Services Authority Act -15 marks
iv. Mediation/arbitration/conciliation proceedings
(presented by groups of 5 students each on the
basis of problem provided by the teacher in charge) -15 marks
v. Practical Record - 20 marks
vi. Viva voce -25 marks
Statutory Materials:
1. Legal Service Authorities Act, 1987
2. Arbitration and Conciliation Act, 1996

PT 04 MOOT COURT EXERCISE AND COURT VISIT


This paper may have three components of 30 marks each and a viva voce for 10 marks.
i) Moot Court (30marks)
Every student may be required to do at least three moot court exercises in a year with 10
marks for each. The moot court work will be on assigned problem and it will be evaluated
for 5 marks for written submissions and 5 marks for oral advocacy.

ii) Observance of Trial in two cases, one civil and one criminal (30marks)
Students may be required to attend two trials in the course of the last two or three years of
LL.B. studies. They will maintain a record and enter the various steps observed during
their attendance on different days in the court assignment. This scheme will carry30 marks.
iii) Interviewing techniques and Pre-trial preparations (30 marks):
Each student will observe two interviewing sessions of clients at the Lawyer’s
Office/Legal Aid Office 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 carry 15 marks.
iv) Internal viva-voce

36
The fourth component of this paper will be an internal viva voce examination on all the
above three aspects. This will carry 10 marks. The viva-voce will be conducted by three
senior Law faculty members of the institution.
Reference:
1.Amita Dhanda, Moot Court for Interactive Legal Education.

PT 05 Internship Programme
Each registered student shall have completed minimum of 12 weeks internship during the entire
period of studies, provided that such internship in any year cannot be for a continuous period of
more than 4 weeks. The internship for four weeks shall preferably be done during each summer
vacation in every year of the Course. The internship may be done under NGOs, 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 practiced either in action or in dispute resolution as directed by the head
of the institution.
Each student shall keep Internship Diary in such form as prescribed by the faculty concerned and
on successful completion of Internship every year the diary shall be submitted to the faculty
concerned. The Diary shall be assessed by the teacher in charge each time by signing the
record/diary and a maximum of 50 marks shall be awarded at the end of the Course.
Course Viva-voce
There shall be a Course viva-voce, carrying 50 marks, to be conducted at the end of the Course.
This shall be done by a Board of three members, of whom one shall be external, appointed by the
University in this regard. The students are evaluated for their academic skill and performances
during the course including their performance in the internship programmes.

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