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3Y LLB 1St Sem Syllabus

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46 views5 pages

3Y LLB 1St Sem Syllabus

Uploaded by

Raghavendra M J
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© © All Rights Reserved
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: I SEMESTER :

COURSE I: CONTRACT-I: GENERAL PRINCIPLES OF CONTRACTS

Objectives:
Contracts are at the basis of majority of transactions especially transactions dealing with
the property. Whether the transaction is in the ordinary course of life or in the electronic
world (e-commerce) the general principles governing contracts remain same. For this
reason it is very important to introduce the students to the basic principles governing
contracts and lay a powerful foundation for their study of other transactional and related
laws in higher semesters.

Course contents:

UNIT – I
History – Formation of Contract – Agreement and Contract – Definitions – Classification -
Offer and Acceptance – Communication – Revocation – Essential elements – Invitation to
Offer – Tenders.
Consideration – Nudum Pactum - Essential elements – Privity of Contract and of
Consideration – Exceptions – Unlawful Consideration and its effect.

Contractual Ability – Electronic Documents as Web Pages – Digital Certificates as Entry


Passes – Time and Place of Contract – Secured Custody of Electronic Records.

UNIT – II
Capacity to Contract – Minor’s Agreements and its effects – Persons of unsound mind –
Persons disqualified by Law. Free Consent – Coercion - Undue influence –
Misrepresentation – Fraud – Mistake – Legality of Object – Void Agreements – Agreements
against Public Policy – Wagering Agreements – Its exceptions – Contingent Contracts.

UNIT – III
Discharge of Contracts and its various Modes – by performance – Time and place of
performance – Performance of reciprocal promises - Appropriation of Payments –
Discharge by Agreement – By operation of Law – By frustration (Impossibility of
Performance) – By Breach (Anticipatory and Actual).

UNIT – IV
Remedies for Breach of Contracts – Damages – Remoteness of damages – Ascertainment
of damages -Injunction – When granted and when refused– Restitution – Specific
performance when granted – Quasi Contracts.

UNIT – V
The Specific Relief Act Nature of Specific Relief – Recovery of Possession of movable and
immovable Property – Specific performance when granted and not granted – Who may
obtain and against whom – Discretionary remedy – Power of Court to grant relief –
Rectification of instruments – Cancellation – Declaratory decrees – Preventive relief –
Temporary injunctions – Perpetual and Mandatory Injunctions.
Government as a contracting party: Constitutional provisions – Government powers to
contract – Procedural requirements – Kinds of Government Contracts, their usual
clauses,performance of such contract, settlement of disputes and remedies.

Prescribed Books:
1. Avtar Singh- Law of Contracts
2. Avtar Singh- Specific Relief Act
Reference Books:
1. Pollock & Mulla- Indian Contract Act
2. P. S. Atiya- Introduction to the Law of Contract
3. G. C. Cheshire- Law of Contract
4. William Anson- Law of Contract
5. Henry Maine- Ancient Law

#####

COURSE-II: CONSTITUTION
Objectives:
The purpose of the course is to acquaint the students with the Basic Postulates of the
Constitution like the Constitutional Supremacy, Rule of law, and Concept of Liberty. Give
them a picture of Constitutional Parameters regarding the organization, Powers and
Functions of the various Organs of
the Government. The emphasis is also on the study of the nature of federal structure and
it’s functioning. A critical analysis of the significant judicial decisions is offered to
highlight judicial restraint, judicial passivity, judicial activism and judicial balancing.
Finally, the students should be able to articulate their independent views over
contemporary crucial constitutional issues.

Course contents:

UNIT-I
Salient Features of the Indian Constitution, Preamble, Citizenship, Fundamental Rights.

UNIT-II
Directive Principles of State Policy, Fundamental Duties, Parliamentary Government,
Bicameralism, Legislative Process, Privileges, Council of Ministers, President of India,
Governor.

UNIT-III
Judicial process under the Constitution, Nature of Judicial Review, Judicial Review-Arts.32,
226 and 227, Court system in India, Judges- Appointments, conditions of service, etc.,
Advisory Jurisdiction of the Supreme Court, Public Interest Litigation, Activism v.
Restraint.

UNIT-IV
Federalism, Central -State Relations, Freedom of Inter State Trade, Methods of
Constitutional Amendment, Limitation on Constitutional Amendment.

UNIT-V
Emergency provisions, Services under the State, State Liability.

Prescribed Books:
Jain M.P. - Indian Constitutional Law.
Reference Books:
Seervai H.M. - Constitutional Law of India (3 Volumes).
Shukla V.N. - Constitution of India.
Basu D.D. - Shorter Constitution of India
Basu D.D. - Shorter Constitution of India.
Austin Granville- The Indian Constitution: Corner Stone of a
Nation

#####

COURSE-III: LAW OF TORTS


Objectives:
This course is designed to study the principles of Tortious liability, the defences available
in an action for torts, the capacity of parties to sue and be sued and matters connection
there with. Further, this course is designed to study specific torts against the individual
and property. With rapid industrialization, inadequacy of the law to protect the individual
is exposed. An attempt shall be accorded to the individuals against mass torts and
industrial torts. Keeping in the expensive character of judicial proceedings the students
should reflect on the alternative forms, and also the remedies provided under the
Consumer Protection Act, 1986.

Course contents:

UNIT-I
Evolution of law of torts- Nature and scope of law of torts- Meaning- Torts distinguished
from Contract- Crime- Development of Ubi jus ibi Remedium- Mental elements- Intention,
Motive, Malice in Law and in Fact.

UNIT-II
General Defences, Vicarious Liability.

UNIT-III
Negligence; Nuisance; Absolute and Strict liability. Legal Remedies-Awards-Remoteness
of damage.

UNIT-IV
Torts against person: Torts affecting body- Assault, Battery,Mayhem and False
Imprisonment; Torts affecting reputation- Libel and Slander, Torts affecting freedom-
Malicious Prosecution, Malicious Civil Action and Abuse of Legal Process; Torts affecting
domestic and other rights-Marital Rights, Parental Rights, Rights to Service, Contractual
Rights,Intimidation and Conspiracy; Torts against property.

UNIT- V
Consumer Protection Act, 1986

Prescribed Books:
Ratanlal and Dhirajlal- Law of Torts.
Singh Gurubax- Law of Consumer Protection.
Reference Books:
Winfield and Jolowicz- Tort .
Hepple and Mathews- Tort: Cases and Materials
Baxi Upendra and Danda Amita- Valiant victims and Lethal
Litigation-The Bhopal Case, 1990 Salmond- On Torts.
Avtar Singh - The law of Torts.
D. N. Saraf - Law of Consumer Protection in India.

#####

COURSE-IV: FAMILY LAW-I: HINDU LAW


Objectives:
The knowledge of family laws is important for lawyers. This course is designed to endow
the students with knowledge of both the codified and uncodified portions of Hindu law.
The course concerns itself with the sources, schools, institutions,succession,
maintenance, menace of dowry, etc.

Course contents:

UNIT – I
Introduction - Concept of Dharma - Sources of Hindu Law – Modern and Ancient -
Importance of Dharma Shastra on Legislation – Two Principal Schools of Hindu Law –
Application of Hindu Law.

UNIT – II
Marriage and Kinship - Evolution of the Institution of Marriage and Family- Law Prior to
Hindu Marriage Act -A detailed study of Hindu Marriage Act, 1955 -Matrimonial Remedies
- Maintenance and Alimony; Customary Practices and legislative provisions relating to
dowry prohibition.

UNIT – III
Hindu undivided family – Mitakshara Joint Family – Formation and Incidents - Property
under both Schools – Kartha: His Position, Powers, Privileges and Obligations - Debts –
Doctrine of Pious Obligation - Partition and Reunion –Religious and Charitable
Endowment.

UNIT – IV
Inheritance and Succession - Historical perspective of traditional Hindu Law relating to
Inheritance - A detailed study of Hindu Succession Act, 1956. Stridhana- Woman’s
Property - Recent State and Central Amendments to Hindu Succession Act; Gifts and
Testamentary Succession – Wills.

UNIT – V
Law relating to Hindu Minority and Guardianship: Kinds of Guardians; Duties & Powers of
Guardians; A detailed study of Hindu Adoption and Maintenance Act, 1956; Maintenance:
Traditional Rights and Rights under Hindu Adoption & Maintenance Act 1956.

Prescribed Books:
Paras Diwan – Modern Hindu Law
Reference Books:
John D. Mayne – Hindu Law Usages
Mulla – Principles of Hindu Law
Paras Diwan – Law of Adoption, Ministry Guardianship’s custody
J. D. M. Derrett – Hindu Law – Past and Present

#####

COURSE-V: CRIMINAL LAW-I: INDIAN PENAL CODE


Objectives:
This course is designed to understand the meaning of crime, methods of controlling them
and the essential principles of criminal liability by a study of a range of offences under
the Indian Penal Code.

Course contents:

UNIT – I
General Principles of Crime; Conceptions of Crime; Distinction between Crime and other
wrongs under common Law – Crime and morality distinction – Circumstances when
morality amounts to crime - State’s responsibility to detect, control and punish crime.
Principles of criminal liability – Actus reus and mens rea (also statutory offences) and
other maxims; Variations in liability – Mistake, intoxication, compulsion, legally abnormal
persons; Possible parties to the crime: Principal in the I degree; Principal in the II degree;
Accessories before the fact; Accessories after the fact.
Indian Penal Code: General Explanation, Sections 6 – 33 and 39 – 52A; Punishment,
Sections 53 – 75- social relevance of Capital Punishment - Alternatives to Capital
Punishment - Discretion in awarding punishment and minimum punishment in respect of
certain offences with relevance to precedents (judgments).

UNIT – II
General Exceptions: Sections 76 – 106; Criminal act by several persons or group:
Sections 34 – 38; Abetment: Sections 107 – 120; Criminal Conspiracy: Sections 120A &
120B; Offences against State: Sections 121 – 130; Offences against the public tranquility:
Sections 141 – 160; Offences relating to election: Sections 171A – 171; Contempt of
lawful authority and public servants: Sections 172 – 190; False evidence and offences
against public trust: Sections 172 – 229; Offences relating to coins and Government
Stamps: Sections 230 – 263A; Offences relating to weights and measures: Sections 260 –
294A; Offences relating to religion: Section 295 – 298.

UNIT – III
Offences affecting human life, causing miscarriage, injuries to unborn children -Exposure
of infants, concealment of birth - Hurt, Grievous Hurt - Wrongful restraint - Wrong
confinement - Criminal force
and Assault (Sections 299 – 358).

UNIT – IV
Kidnapping, Abduction – Slavery and forced labour – Rape: custodial rape, marital rape -
Prevention of immoral traffic - Prevention of sati – Prohibition of indecent representation
of women - Unnatural offences, theft, robbery and dacoity - Criminal Misappropriation of
property - Criminal breach of trust - Receiving of stolen property – Cheating - Fraudulent
deeds and disposition of property (Sections 378 – 424).

UNIT – V
Mischief (Sections 425 – 440) - Criminal Trespass (Sections 441 – 462) - Offences relating
to document and property marks (Sections 463 – 480) - Offences relating to marriage
(Sections 493 – 498 A) - Defamation (Sections 499 – 502); Criminal intimidation and
annoyance and attempt to commit such offences (Sections 506 – 511).

Prescribed Books:
Rathanlal and Dhirajlal: Indian Penal Code.
Kenny’s Outlines of English Criminal Law.
References Books:
K. D. Gaur - A Text Book on the Indian Penal Code
P. S. Achuthan Pillai - Criminal Law.
Glanville Williams – Criminal Law

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