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6th Sem - Very usefull

BA-llb (Savitribai Phule Pune University)

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Third Year B.A. LL.B. - Semester VI

Third Year B.B.A. LL.B. - Semester VI
First Year LL.B. - Semester II

LC 0601 Constitutional Law I :

Objectives of the Course : This Course is designed to acquaint students with the basic
principles of Constitution and Constitutionalism. The reason and justification of the growth of
Fundamental Rights. The operation of Fundamental Rights, Directive Principles in India and
its effect is to be studies. The basic norm of the land is to be taught with the help of appropriate
judicial decisions.

Module 01 Making of the Constitution :

1. Demand for a Constitution framed by a Constituent Assembly
2. The Cripps9 offer of 1942
3. The Wavell Plan of 1945
4. The Cabinet Mission Plan, 1946
5. The Mountbatten Plan, 1947
6. The Indian Independence Act, 1947
7. Constituent Assembly in India and framing of the Constitution:
a) Formation of the Constituent Assembly of India
b) The issues before the Constituent Assembly
c) Passing of the Constitution
d) Dr. Ambedkar9s warning and anxiety about the working of the
Constitution
e) Date of Commencement of the Constitution
Module 02 Basic Concepts, Preamble, Territory of India and Citizenship :
Basic Concepts under the Constitutional Law :
1. Concepts of Constitutional Law and Constitutionalism
2. Forms and characters of various models of Constitution
3. Salient features of the Constitution of India
Preamble to the Constitution of India :
1. Meaning of the Preamble
2. Object, Purpose and Scope of the Preamble
3. Contents of the Preamble
4. Utility of Preamble in interpretation of the Constitution
5. Whether Preamble is part of the Constitution?
Union and its Territory (Articles 1 to 4) :
Citizenship of India :
1. Constitutional Provisions (Articles 5 to 11) :
a) Importance of Citizenship under the Constitution of India
b) Citizens by Domicile

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c) Citizens by Migration
d) Citizens by Registration
e) Termination of Citizenship
f) Dual Citizenship
2. The Citizenship Act, 1955 :
a) Introduction, Objects and Reasons of the Act
b) Citizenship by Birth
c) Citizenship by Descent
d) Citizenship by Registration
e) Citizenship by Naturalisation
f) Citizenship by Incorporation of territory
g) Cessation of Citizenship
h) Deprivation of Citizenship
i) Expulsion of Foreigner
Module 03 General Principles Relating to Fundamental Rights (Articles 12 and 13) :
1. Concept of Fundamental Rights 3 Their Origin and Development
2. History of the demand for Fundamental Rights in India
3. Justiciability of Fundamental Rights -
a) Laws inconsistent with fundamental rights
b) Unconstitutionality of Statute
c) Doctrine of Eclipse
d) Doctrine of Severability
e) Waiver of Fundamental Rights
4. Concept of State and its Importance
5. Concept of Law and Law in force
6. Whether the Constitution Amendment Act is law under Article 13?
Module 04 Right to Equality (Articles 14 to 18) :
1. Equality before law and Equal protection of Law
2. Permission of Reasonable Classification but prohibition of Class legislation
3. Article 14 Strikes at Arbitrariness
4. Prohibition of discrimination against citizens
5. Right to Access to Public Places
6. Special provisions for women and children
7. Special provisions for Backward Classes
8. Equality of Opportunity in Matters of Public Employment
9. Requirement as to Residence in State
10. Reservation of Posts for Backward Classes
11. Reservations in Promotion
12. Carry Forward of Reserved Vacancies
13. Percentage of Reservation - Rule of rounding up
14. Abolition of Untouchability
15. Abolition of Titles
Module 05 Right to Freedom I (Article 19) :

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1. Freedom of Speech and Expression and Reasonable Restrictions on it

2. Freedom of Assembly and Reasonable Restrictions on it
3. Freedom to form Association or Union and Reasonable Restrictions on it
4. Freedom of Movement and Reasonable Restrictions on it
5. Freedom of Residence and Settlement and Reasonable Restrictions on it
6. Freedom of Profession, Occupation, Trade and Business and Reasonable
Restrictions on it
7. Right to Property -
a) Pre- 1978 Position - Article 19(f) and 19(5); Eminent Domain; Article 31;
Inter-relation of Article 31, Article 14 and Article 19(1)(f)
b) Present Position - Article 31 A, Article 31 B, Article 31 C, Article 300 A
Module 06 Right to Freedom II (Articles 20 to 22) :
1. Protection in Respect of Conviction for offences -
a) Protection against Ex-post Facto Law
b) Guarantee against Double Jeopardy
c) Privilege against Self-Incrimination
2. Protection of Right to Life and Personal Liberty -
a) A. K. Gopalan to Maneka Gandhi
b) Relationship between Articles 19, 21 and 22
c) Due Process of Law
d) Extended view in post Maneka Gandhi period
3. Right to Education - Evolution and Importance
4. Protection against Arrest and Detention -
a) Protection against Arrest
b) Protection against Preventive Detention
c) Laws Authorising Preventive Detention
Module 07 Right against Exploitation (Articles 23 and 24) :
1. Traffic in Human Beings
2. Begar and Similar forms of Forced Labours
3. Compulsory Services for Public Purpose
4. Prohibition of Employment of Children
Module 08 Right to Freedom of Religion (Articles 25 to 28) :
1. Concept of Secularism
2. Freedom of Conscience and right to Profess or Practice and Propagate
religion
3. Freedom of Religion of Religious Denomination
4. Freedom from Paying of Taxes for Promotion of any Religion
5. Annual Payment to certain Devasworm Funds (Article 290A)
6. Prohibition of Religious Instructions in Educational Institutions
Module 09 Cultural and Educational Rights (Articles 29 to 30) :
1. Concept of Minority
2. Protection of Interest of Minorities
3. Right of a Minority to Establish Educational Institution

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4. Regulation of Minority Educational Institution

Module 10 Right to Constitutional Remedies (Articles 32 to 35) :
1. Enforcement of Fundamental Rights
2. Procedure in Enforcement of Fundamental Rights
3. Power to issue Writs, Directions or Orders 3 Types of Writs
4. Comparison between Article 32 and Article 226
5. Public Interest Litigation
6. Fundamental Rights during Emergency
7. Power of Parliament to Modify Fundamental Rights with respect to some
Forces
8. Fundamental Rights during operation of Martial Law
9. Legislation to give effect to Fundamental Rights
Module 11 Directive Principles of State Policy (Articles 36 to 51) and Fundamental
Duties (Article 51A) :
1. Nature and Importance of Directive Principles
2. Inter-relationship between Fundamental Rights and Directive Principles.
3. Directive Principles of State Policy
4. Fundamental Duties 3 Nature and Importance
Module 12 Amendment of the Constitution (Article 368) :
1. Power and Procedure of Amendment
2. Amendment / Change by Simple Majority
3. Amendment by Special Majority
4. Amendment by Special Majority with Ratification by Majority of States
5. Amendment of Fundamental Rights
6. Basic Structure Doctrine

Recommended Readings:
1. M. P. Jain, Indian Constitutional Law, LexisNexis (2015).
2. D.D. Basu, Constitutional Law of India, LexisNexis (2013).
3. Narendra Kumar, Constitutional Law of India, Allahabad Law Agency (2015).
4. H. M. Seervi, Constitutional Law of India, N.M. Tripathi.
5. Arvind Datar, Commentary on Constitution of India (3 Vols), LexisNexis (2010).
6. Sathya Narayan (Ed), Selected Work of S.P. Sathe (3 Vols), Oxford University Press
(2015).
7. M.P. Singh, V.N. Shukla9s Constitution of India, Eastern Book Company, (2013).
8. Sujit Chaudhry, Madhav Khosala and Pratap Bhanu Mehta, The Oxford Handbook of the
Indian Constitution, Oxford University Press.
9. Granville Austin, Working of a Democratic Constitution- The Indian Experience, Oxford
University Press.
10. Gautam Bhatia, The Transformative Constitution: A Radical Biography in Nine Acts,
Harper Collins Publication, India. 2019.
11. Madhav Khosala, The Indian Constitution (Oxford India Short Introductions), Oxford
University Press, 2012.

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12. Sudhir Krishnaswamy, Democracy and Constitutionalism in India – A Study of the Basic
Structure Doctrine, Oxford University Press.
13. S.B. Shiva Rao, The Framing of the Indian Constitution, Vols. I and V, the Indian Institute
of Public Administration, New Delhi (1966).
14. H.R. Khanna, Making of India9s Constitution, Eastern Book Co., Lucknow.

LC 0602 Family Law II :

Objectives of the Course : This course involves the student with the personal law as it affects
property relations. It primarily covers the concept of Undivided Family of the Hindu law, the
provisions relating to intestate and testamentary succession applicable to persons of all
denominations, and provisions relating to wakf, and relating to gifts in Muslim law because
these special provisions to which personal law is applicable.
The study of the course must expose to the similarities and differences across the personal law
systems, and to appreciate these differences in the context of development of these laws. The
other objective is to view family law not merely as a separate system of personal laws based
upon religions but as the one cutting across the religious lines and eventually enabling us to
fulfill the constitutional directive of uniform civil code.

Module 01 Hindu Joint Family System :

1. Evolution of joint family system in India
2. Institution of Hindu joint family and joint family property; Family
arrangement; Separate or self-acquired property
3. Coparcenary, Mitakshara and Dayabhaga coparcenary; Women as
coparceners; Rights and powers of coparceners, sole surviving coparcener;
Effect of amendments to the Hindu Succession Act 1956.
4. Karta, his position, powers and duties; Father9s powers of alienation;
Alienee9s rights and remedies
5. Partition 3 under Dyabhaga and Mitakshara systems; Subject matter of
partition; Persons entitled to claim partition and who get share on partition;
Kinds of partition; Principle of survivorship and representation; Reopening
and Reunion
Module 02 Intestate Succession :
1. The Hindu Succession Act, 1956 3 Application of Act; Succession to the
property of a Hindu male; Succession to the property of a Hindu female,
stridhana and women9s estate; General provisions relating to succession; and
disqualifications from inheritance; Escheat
2. General principles of inheritance under Muslim law, Law of inheritance
applicable to Sunnis and Shias, and the distinction between the two,
Disqualifications
3. The Indian Succession Act, 1925: Domicile, and its relevance in succession to
property; Consanguinity; Provisions relating to intestate succession applicable
to Parsis and persons other than Parsis; General principles of succession;

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Rules of devolution
Module 03 Testamentary Succession :
1. The Indian Succession Act, 1925 : Wills and codicils; Competence of the
testator; Execution of privileged and unprivileged will; Attestation;
Revocation, alteration and revival of wills; Construction of wills
2. The Indian Succession Act, 1925 : Vesting of legacies; Void, onerous,
contingent and conditional bequests; Specific legacies and demonstrative
legacies; Ademption of legacies, lapse of legacies; Election; Gifts in
contemplation of death
3. The Hindu Succession Act 1956 : Testamentary succession
4. Will under Muslim law (wasiyat)
Module 04 Right of Pre-emption :
1. Pre-emption under Muslim law (shufa), meaning, nature, who can claim the
right; Subject Matter of shufa; Formalities and legal effect; Legal devices of
evading right of pre-emption : Loss of the right
2. Pre-emption under Hindu Law
Module 05 Gifts under Muslim Law (Hiba) :
1. Nature and characteristics of hiba, types of hiba, donor and donee, what may
be given in gift
2. Essentials of valid gift, exceptions to general rule; Oral gift and its validity;
Registration, Kinds of gifts, Gifts involving return, Marz-ul-mouth (death-bed
gift)
3. Revocation and revival of gift
Module 06 Wakf :
1. Origin and Development of Wakf
2. Importance, Meaning and Definition, Characteristics
3. Essentials, Kinds, formalities for creation, the Wakif, Objects and Purposes of
the Wakf
4. Administration of Wakf under the Wakf Act, Appointment, Removal, Powers
and Duties of Mutawalli

Recommended Readings:
1. Poonam Pradhan Saxena, Family Law Lectures: Family Law II, LexisNexis, New Delhi.
2. Paruck, The Indian Succession Act, 1925, N M Tripathi Private Ltd.
3. Row Sanjiva, The Indian Succession Act, Law Book Co.
4. Basu, Indian Succession Act, Eastern Book Publication.
5. Diwan, Law of Intestate and Testamentary Succession, Wadhwa.
6. Satyajeet A Desai, Mulla9s, Hindu Law, LexisNexis, New Delhi.
7. Justice Ranganath Mishra, Mayne9s Hindu Law and Usage, Bharat Law House, New Delhi.
8. H. K. Saharay, Family Law in India, Eastern Law House, New Delhi.
9. Flavia Agnis, Family Law Vol I and II, Oxford University Press, New Delhi.
10. Tahir Mahmood, Principles of Hindu Law, Universal Law Publishing, New Delhi.
11. Mulla, Principles of Mohammedan Law, LexisNexis, Nagpur.

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12. Asaf A A Fyzee, Outline of Muhammadon Law, Oxford University Press, New Delhi.
13. Amer Ali, Mohammedan Law, Vol. I and II, Eastern Book Company, Luknow.
14. Bharatiya V P, Sayyad Khalid Rashid9s Muslim Law, Eastern Book Company, Luknow.
15. Derrett, Introduction to Modern Hindu Law, Universal Law Publishing.

LC 0603 Law of Contract II :

Objectives of the Course : The special provisions of law that apply to special contracts are
covered in this course. The provisions relating to contracts of indemnity and guarantee, of
bailment and pledge, and of agency are contained in three chapters of the Indian Contract Act
1872 and in two other statutes: The Sale of Goods Act 1930 and the Indian Partnership Act
These transactions play a very important role in commerce and trade.
This course follows the course about the general principles that apply to all contracts. They
deal with general principles that apply to each specific contractual relationship. The study of
this course will enable a good understanding of the purposes with which each of these
transactions is made, the features of each of these transactions, and the rights and liabilities of
the parties to them. The course also emphasizes the study of remedies provided in these laws.

Module 01 Contracts of Indemnity - Sections 124-125 of the Indian Contract Act, 1872 :
1. Principle of indemnity in general
2. Definition of the contract of indemnity
3. Formation and essential features
4. Purpose of the contract of indemnity, and its use in facilitating and supporting
transactions
5. Nature and extent of liability of the indemnifier
6. Commencement of liability of the indemnifier
7. Examples : Indemnity for issuing duplicate share certificate, or bank deposit
receipt; Indemnity by owner of a plot of land to a local authority as condition
for grant of commencement certificate for construction; Indemnity clause in a
contract between a publisher and the printer; Indemnity clause in a sale deed
of land supporting assurance of title given by the seller
Module 02 Contracts of Guarantee - Sections 126 to 147 of the Indian Contract Act,
1872 :
1. Definition of a contract of guarantee
2. Formation and essentials features of a contract of guarantee. Parties to the
contract; effect of minority of principal debtor
3. Contract of guarantee as distinguished from a contract of indemnity
4. Consideration for a contract of guarantee
5. Continuing guarantee, and its revocation
6. Nature and extent of surety's liability - commencement, duration and
termination
7. Surety9s rights against the principal debtor
8. Surety9s rights against the creditor

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 Special position of a surety : a privileged debtor

 Circumstances that discharge a surety. Contracting out of such discharge.
9. Letters of credit and bank guarantees
10. Co-surety and manner of sharing liabilities and rights
Module 03 Contracts of Bailment - Sections 71, 148-171, 180-181 of the Indian Contract
Act 1872 :
1. Definition of a contract of bailment
2. Formation and essential features of a contract of bailment, Parties to the
contract
3. Creation of a contract of bailment, Obligations of bailment despite contract
Gratuitous bailments
4. Examples of contracts of bailment: for benefit of bailor, for benefit of bailee
5. Kinds of bailees
6. Rights, duties, disabilities and liabilities
 of a bailor
 of a bailee vis-à-vis the bailor
 of a bailee vis-à-vis the third parties, and the true owner
7. Termination of bailment, and consequences of termination
8. Finder of goods as a bailee
Module 04 Contracts of Pledge - Sections 172 – 179 of the Indian Contract Act 1872 :
1. Definition of a contract of pledge
2. Essential features of a contract of pledge, Parties to the contract
3. Creation of a contract of pledge
4. Distinction between contracts of pledge, bailment, hypothecation
5. Rights, liabilities, duties and disabilities of the pawnor
6. Rights, liabilities, duties and disabilities of the pawnee; pawnee's right of sale
7. Pledge by certain specified persons : Sections 178, 178A, 179 of ICA.
Module 05 Contracts of Agency - Sections 182 – 238 of the Indian Contract Act 1872 :
1. Definition of a contract of agency
2. Essential features of a contract of agency. Parties involved. Kinds of agents
and agencies
3. Creation of agency
4. Distinction between agent, servant or employee, and independent contractor
5. Agent9s authority - Scope and extent, Express, implied, apparent or ostensible
authority, and authority in an emergency, Restrictions or limitations
6. Delegation of authority, Relationship between a principal, agent and sub-
agent, Substituted agents
7. Ratification
8. Rights, duties, immunities, disabilities and liabilities of an agent towards the
principal and third party
9. Rights, duties, immunities, disabilities and liabilities of a principal towards
the agent and the third party

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10. Personal liability of an agent

11. Pretended agent. Undisclosed principal
12. Revocation and other modes of termination of agency, Irrevocable agency
Effect of termination, Liability of the principal and agent before and after
termination
Module 06 Contracts of Sale of Goods - The Sale of Goods Act, 1930 :
1. Definition of a contract of sale of goods
2. Essential features of a contract of sale. Parties to the contract
3. Sale as a transfer of property, Sale and agreement to sell
4. Four elements : price, delivery, risk and property (ownership)
5. Goods 3 Meaning, Existing and future goods, Specific, ascertained,
unascertained goods, Effect of perishing of goods
6. Implied conditions and warranties, Express conditions and warranties
7. The rule 8cavaet emptor9, principle, meaning, and exceptions to the rule
8. Other implied terms
9. Transfer of title, Transfer by non-owners
10. Passing of risk
11. Delivery of goods, Various modes of delivery and their effect, Inspection of
goods, Rejecting goods
12. Rights and liabilities of the buyer and seller, Unpaid seller and his rights
13. Remedies for price and for breach, Interest and taxes
14. Auction sales
Module 07 Contracts of Partnership - The Indian Partnership Act, 1932 and The
Limited Liability Partnership Act 2008 :
1. Definition of a contract of partnership
2. Essential features of a contract of partnership, the firm and the partners,
Parties to the contract, Minor as partner
3. Kinds of partnership
4. Relations of partners with one another: their rights, liabilities, duties,
immunities and disabilities
5. Property of the firm, Firm name
6. Relations of partners to third parties, Partner as agent of firm, Partners9
authority, Implied authority, Mode of exercising authority, Liability of the
firm for acts of partners
7. Change in constitution of a firm. Admission, retirement, expulsion, death and
insolvency of any partner, Public notice, Effect of change in constitution of
the firm
8. Dissolution of a firm, Modes of dissolution, Effect of dissolution, Agreements
in restraint of trade
9. Registration of firms, Procedure of registration, Effect of non-registration
10. Limited Liability Partnership : Essential features, Distinction between limited
liability partnership and ordinary partnership

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Recommended Readings:
1. Akhilesh Gupta, Law Relating to Special Contracts–Contracts of Bailment, Pledge,
Hypothecation, Indemnity and Guarantee, 2013, LexisNexis.
2. Mulla, The Indian Contract Act, Anirudh Wadhwa ed., 15th ed., 2015, LexisNexis.
3. Avtar Singh, Law of Contract and Specific Relief, 12th ed, 2017, Eastern Book Company.
4. M. Krishnan Nair, Law of Contracts, 1998.
5. Pollock and Mulla9s Indian Contract Act, Nilima Bhadbhade ed., 14th updated edition,
2014, LexisNexis.
6. Nilima Bhadbhade, Contract Law of India, 2nd ed 2009, Kluwer, available free on Google
books.
7. Pollock and Mulla9s The Sale of Goods Act, Akshay Sapre ed., 9th ed, 2014, LexisNexis.
8. Akhileshwar Pathak, Law of Sale of Goods, 2013, Oxford University Press.
9. Avtar Singh, Law of Sale of Goods, 2011, Eastern Book Company.
10. P S Atiyah, The Sale of Goods, 12th ed, 2010, Longman.
11. P S Ramanatha Aiyar, Law of Sale of Goods, Shriniwas Gupta ed., 10th ed, 2016, Universal
Law Publishing.
12. A Ramaiya9s Commentary on the Sale of Goods, K Shanmukham and H K Saharay eds, 5th
ed, 2014, Universal Law Publishing.
13. Benjamin9s Sale of Goods, Michael Bridge ed, 9th ed, 2016, Sweet and Maxwell.
14. Pollock and Mulla9s The Indian Partnership Act, G C Bharuka ed., 7th ed, 2007,
LexisNexis.
15. Mulla9s The Sale of Goods Act and the Indian Partnership Act, K Kannan ed., 10th ed,
2012, LexisNexis.
16. Avtar Singh, Introduction to Law of Partnership (including Limited Liability Partnership)
10th ed., 2011, Eastern Book Company.
17. S T Desai9s The Law of Partnership in India, Satyajeet Desai ed., 7th ed., 2009, LexisNexis.
18. C L Gupta, Law of Partnership including Limited Liability Partnership, Palok Basu ed., 5th
ed., 2016, LexisNexis.
19. P C Markanda, The Law of Partnership in India, 2010, LexisNexis.
20. D S Chopra, A Commentary on Sale of Goods, Partnership and Negotiable Instruments,
2016, Thomson Reuters.

LC 0604 Tort and Consumer Protection Law :

Objectives of the Course : The Law of Torts is about civil wrongs. The liability for such
wrongs is distinct from liability under criminal law and contract law. The negligence,
defamation, trespass, assault, conspiracy, deceit are examples of such wrongs. Tort law
provides various remedies : compensation for injury and injunction. It is not governed by any
statute, but has developed over centuries through principles developed by courts. It is therefore
developmental and the law responds to the needs of the times. The liability for new kinds of
wrongs is recognised, or an existing wrong develops with contemporary needs.
The course enables study of the general principles of tortious liability and its difference from
criminal and contractual liability. The course also covers specific torts, and remedies available

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for their redressal. This course also covers relevant provisions under the Consumer Protection
Act, 1986, and the principles of liability in case of accidents under the Motor Vehicles Act,
1988.

Module 01 Introduction and Principles of Liability in Tort :

1. Development of tort actions in England and India
2. Meaning and definition of tort
3. Tort distinguished from contract, quasi-contract and crime
4. Constituents of tort 3 wrongful act, damage and remedy
5. Malfeasance, misfeasance and non-feasance
Module 02 Liability for the Wrong Committed :
1. Strict liability, absolute liability, no-fault liability; exceptions to these
2. Principle of vicarious liability - nature, scope and justification
3. Doctrine of sovereign immunity
4. Joint tort-feasors, joint and several liability
Module 03 General Defences / Justifications in an action for Tort :
1. Volenti non fit injuria, consent, voluntary assumption of risk, exclusion
clauses
2. Vis major (act of God)
3. Inevitable accident
4. Act of third parties
5. Novus actus interveniens
6. Plaintiff9s wrong or default
7. Self-defence and defence of property
8. Necessity
9. Statutory authority
10. Judicial and quasi-judicial acts
11. Parental and quasi-parental authorities
12. Illegality
13. Mistake
Module 04 Torts against Persons :
1. Assault, Battery, Mayhem
2. Causing Emotional Distress
3. Malicious Prosecution and abuse of legal proceedings; False Imprisonment
4. Deceit and Conspiracy
5. Particular defences available in each of these types
Module 05 Torts against Reputation :
1. Defamation : Libel and slander; Freedom of speech and expression;
Defamation in the civil and criminal law;
Different branches of Defamation Libel, Slander;
Cyber Defamation : Defamation in cyber space
2. Defences to defamation
3. Invasion of privacy and defences

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Module 06 Torts against Property :

1. Trespass to land
2. Trespass to personal property
3. Detention and conversion
4. Passing off; Injury to trademark, patent and copyrights
5. Public and private nuisance
6. Particular defences available in each of these types
Module 07 Unintentional Torts :
1. Product Liability and defences
2. Negligence : Duty to take care and its breach; Foreseeability, causation;
Contributory negligence and other defences to negligence;
Occupier9s liability; res ipsa loquitur
3. Liability of driver and owner under the Motor Vehicles Act, 1988 for motor
accidents : Liability on fault basis (negligence), no-fault basis (Section 140-
144), structured formula basis (Section 163A, 163B and Schedule),
compensation in hit-and-run cases (Section 161 and 163), Powers and
jurisdiction of a Motor Accidents Claims Tribunal, Introduction only to the
scheme of compulsory insurance under the Act (Sections 2 (30), 145(b),
146 (1) and (2), 147(1)(i) and (2), 149, 151(1), 158(1), 160, 196)
Module 08 Remedies in Tort law :
1. Judicial remedies:
a) Damages : Types - General and special, nominal, contemptuous,
aggravated, exemplary, Compensatory damages - Principles of
causation, foreseeability, certainty, assessment and calculation of
damages - principles, personal injuries, death, loss of property,
economic and non-economic losses
b) Injunction - permanent and temporary, qua timet action
c) Replevin
d) Ejectment
2. Extra - judicial remedies - Self-defence, reentry on land, recapture of
goods, abatement, distress damage feasant
Module 09 Consumer Protection Law :
1. Origin and development of consumer law
2. Basic Concepts - Consumer, complaint, complainant, service, goods,
defect, deficiency, trader, consumer dispute, restrictive trade practice,
unfair trade practice
3. Authorities under the Act - Consumer Councils, Redressal agencies and
their composition and jurisdiction - substantive, territorial and pecuniary;
Appeals, Additional remedy
4. Remedies available under the Act
5. Procedure for filing a complaint and of the redressal agency, Limitation;
Enforcement of orders, vexatious complaints

109 SPP University • Revised Curriculum • Degree Courses in Law • B.A. LL.B., B.B.A. LL.B. and LL.B.

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Recommended Readings:
1. Ramaswamy Iyers9s The Law of Torts, Lakshminath ed, 10th ed, 2007, LexisNexis.
2. Avatar Singh, Introduction to the Law of Torts, 2nd ed., Delhi Law House.
3. Ratanlal and Dhirajlal, The Law of Torts, Akshay Sapre ed., 27th ed., 2016, LexisNexis.
4. P.S. Achuthan Pillai, The Law of Tort, Abhinandan Malik ed., 9th ed (reprint 2017), Eastern
Book Company.
5. B M Gandhi, Law of Torts, 4th ed (rep 2016), Eastern Book Company.
6. Sathya Narayan, Tort Law in India, Wolters Kluwer, Netherland, 2013.
7. Wienfield and Jolowicz on Tort, W V H Rogers ed, 18th ed, 2010, Sweet and Maxwell.
8. Salmond and Heuston on the Law of Torts, R F V Heuston and R A Buckley Eds, 21st ed,
Sweet and Maxwell.
9. Tony Weir, An Introduction to Tort Law, 2nd ed, 2006, Oxford University Press.
10. John Murphy, Street on Torts, Eleventh Edi Oxford University Press 2006.
11. Avtar Singh and Harpreet Kaur, Introduction to the Law of Torts and Consumer
Protection, 3rd ed, 2013, LexisNexis.
12. Garima Tiwari, Understanding Laws – Consumer Rights 2014, LexisNexis.
13. Anirban Chakraborty, Law of Consumer Protection – Advocacy and Practice, 2014,
LexisNexis.
14. Claire Andrews, Enforcement of Consumer Rights and Protections, 2016, LexisNexis.
15. Avtar Singh, Consumer Protection: Law and Practice, 5th ed, 2015, Eastern Book Co.

Optional Subject 2 (Any one from the following) :

LO 0605 Media and Law :

Objectives of the Course : Media is a social instrument which provides a platform to the
people in the society to freely profess their right to freedom of speech and expression. The
significance of media and its freedom can never be over emphasised in a participatory
democratic setup like that of India, which regards 8Media9 as the 8fourth estate9 of democracy.
The prima facie objective of this course is to study and analyse the historical background,
present position and future prospects of the various privileges, rights and freedoms guaranteed
by the state to media through various laws and judicial interventions.

Module 01 Introduction:
1. Introduction to Media and Communication
2. Importance of Media in Democracy
3. Kinds of Media
4. Functions of Media 3 Information, Surveillance, Service the economic
system, Hold society together, Entertain, Act as a community forum, Service
the political system, etc.
Module 02 History of Press and Theories of Press :
1. Historical Foundations of Media Laws in UK, USA and India (Pre and Post-
Independence)

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c) Examination of Proposal by a Committee Constituted by the Appropriate

Government
2. Special provisions to safeguard Food Security
Module 05 Notification, Acquisition, Rehabilitation, Resettlement and Procedure :
1. Notification and Acquisition
2. Rehabilitation and Resettlement Award
3. Procedure and Manner of Rehabilitation and Resettlement
Module 06 Authorities, Apportionment Payment of Compensation :
1. National Monitoring Committee for Rehabilitation and Resettlement
2. Establishment of Land Acquisition, Rehabilitation and Resettlement
Authority
3. Apportionment of Compensation
4. Payment of Compensation
Module 07 Temporary Occupation, Offences and Miscellaneous Provisions :
1. Temporary Occupation of Land
2. Offences and Penalties
3. Miscellaneous Provisions under the Act (Sections 91 to 114)

Recommended Readings:
1. Manoj Kumar Srivastava, Agricultural Labour and the Law: Socio-Economic Problems and
Legal Protection: (Deep & Deep Publications, 1993).
2. Om Prakash Aggarwala, (2008), Commentary on Land Acquisition Act, Universal Law
Publishing Co. P. Ltd, New Delhi.
3. L. M. Singhvi, Land Reforms - Law and Poverty, Pages 103-114, 116-121, 127-136.
4. Choudary, D R and Choudary, A N; Land Laws in Maharashtra, CTJ Publications.
5. Ramchandran, V G; The law of Land Acquisition and Compensation, Eastern Book
Company.
6. Choudhari, The Land Acquisition Act, Orient Law Agency, Allahabad.
7. V.N. Shukla, Constitution of India, Eastern Book Agency, 2014.
8. N.K Acharya, Commentary on the Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act,2013, Asia Law House, 2014.
9. M.L. Upadhyaya, Law, Poverty and Development, Taxmann Allied Publishers Pvt. Ltd,
2000.

LO 0609 Intellectual Property Rights II :

Objectives of the Course : This course is designed with an objective to acquaint the students
with the laws for the protection of various intellectual properties and how the international
instruments implemented in India. It also aims at sensitizing the students with current issues in
the field of Intellectual Property at National Level.

Module 01 The Copyright Act, 1957 :

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1. Definition of Copyright, Objectives of Copyright Protection, Nature of

Copyright
2. Copyright and Socio-Economic Development
3. Copyright Law in India 3 History and Evolution
4. Works in which Copyright subsists 3 Subject matter of Copyright, Authorship
and Ownership of Copyright
5. Authorities under the Copyright Act, 1957, Registration of Copyright, Term
of Copyright, Provision for Appeals.
6. Rights Conferred by Copyright, Limitations and Exceptions to Copyright
Protection
7. Assignment, Transmission, Licenses and Relinquishment of Copyright
8. Copyright Societies, International Copyright
9. Piracy and Infringement of Copyright, Test of Copyright Protection,
Remedies against Infringement.
10. Related Rights - Rights of Performers and Broadcasting Organizations,
Economic Rights and Moral Rights of Authors.
Module 02 The Patent Act, 1970 :
1. Historical Evolution of Patent System in India, Philosophy of Patent
2. Implementation of TRIPS agreement in India, Amendments to the Patent Act,
1970
3. Definitions, Patentability Criteria, Patentable Subject Matter, Non-Patentable
Inventions
4. Procedure for obtaining a Patent, Opposition to the Patent Grant (Pre-grant
and Post-grant opposition), Term of Patent
5. Convention Application, PCT International Application
6. Authorities under the Patent Act, 1970: Controller of Patents, IPAB, Patent
Agent
7. Rights and Obligation of Patentee, Patent of Addition, Transfer of Patent
Rights
8. Revocation and surrender of Patent
9. Compulsory Licenses, Governmental Use and Acquisition of inventions
10. Infringement of Patent and Remedies for Infringement
Module 03 The Trade Marks Act, 1999 :
1. Object and Functions of Trademark, Commercial and Non-Commercial Role
of Trade Marks
2. Development of Trademark law in India
3. Definition of Mark, Trademark, under the Trade Mark Act, 1999, Essential
Features and functions of Trademark, Kinds of Trademark, Registered Trade
Mark and Unregistered Trade Mark
4. Conditions for Registration, Procedure of Registration, Grounds of Refusal
for Registration
5. Protection of Trade Mark through International Registration under Madrid
Protocol

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6. Duration, Renewal, Removal and Restoration of Trademark

7. Rights and liabilities of Trademark Holder, Limitations on rights, Honest and
concurrent use
8. Effect of Registration of Trade Mark, Infringement and Passing off Remedies,
Deceptive Similarity
9. Change of Ownership, Assignment and Transmission, Licenses
10. Contemporary Developments - Effects of Information Technology, Protection
of Trade Names and Domain Names
Module 04 The Designs Act, 2000 :
1. Development of Designs Law in India
2. Definitions, Controller of designs, Registration of designs - Essential
requirements, Non-registrable designs, Procedure of registration, Term of
copyright in designs
3. Cancellation of registration, Restoration of lapsed designs
4. Rights of design holders, Assignment and Transmission
5. Piracy (Infringement) of registered designs and Remedies for Infringement
Module 05 The Geographical Indications of Goods (Registration and Protection) Act,
1999 :
1. Historical background of law of Geographical Indications in India
2. Meaning and Definition, Functions and Characteristics of Geographical
Indication
3. Distinction between Geographical Indications and Trade Mark
4. The Register and Conditions for Registration of Geographical Indication
5. Procedure for Registration, Duration of Protection, Rights conferred by
Registration, Infringement of Geographical Indications and Remedies
6. Powers of the Registrar of Geographical Indications
Module 06 Protection of other Types of Intellectual Property Rights in India :
1. Protection of Plant Varieties and Farmer8s Rights in India
2. Layout Designs/Topographies Integrated Circuits
3. Protection of Confidential Information and Trade Secrets
4. Protection of Traditional Knowledge
5. Protection of Bio-diversity
6. Semiconductor Integrated Circuits and Layout Designs
7. Protection against Unfair Competition

Recommended Readings :
1. Tamali Sen Gupta, Intellectual Property Law in India, Wolters Kluwer, Law & Business
(2011).
2. Brainbridge, Intellectual property . New Delhi: Pearson Education (Singapore) Pvt. Ltd.
3. Choudhary D. N., Evolution of Patent Laws. New Delhi: Capital Law House.
4. Epstein M A, Epstein on Intellectual property (Indian Reprint). New Delhi: Wolters
Kluwer Law and Business.

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5. Gopalkrishnan N S, & Agitha T G, Principles of Intellectual Property. Luckhnow: Estern

Book Company.
6. Kankanala K C, Genetic Patent Law and Strategy. Noida, India: Manupatra Information
Solutions Pvt. Ltd.
7. Reddy G B, Intellectual Property Rights and the Law, Gogia Law Agency, Hyderabad.
8. Rama Sarma, Commentary on Intellectual Property Laws, Vol.2. Nagpur: LexisNexis
Butterworths Wadhawa.
9. Prabudh Ganguli, Gearing up for Patents - The Indian Scinario, Universal Law Publishing.
10. Parmeswaran Narayanan, Intellectual Property Law, Eastern Law House.
11. B L Wadehra, Law Relating to Intellectual Property: Patents, Trademarks, Designs and
Geological Indications.
12. Robert Merges &John Duffy, Patent Law and Policy: Cases and Materials, 2017.
13. Feroz Ali Khader, The Law of Patents - With a special focus on Pharmaceuticals in India,
LexisNexis Butterworths Wadhwa, Nagpur.
14. Lionel Bently & Brad Sherman, Intellectual Property Law, Oxford University Press.
15. Gregory Stobbs, Software Patents Worldwide, Wolters Kluwer.
16. Ahuja V K, Law Relating to Intellectual Property Rights, LexisNexis, New Delhi, 2017.

123 SPP University • Revised Curriculum • Degree Courses in Law • B.A. LL.B., B.B.A. LL.B. and LL.B.

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