Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
SYLLABUS
BACHELOR OF LAWS PART-III (FIFTH & SIXTH SEMESTER)
(THREE YEARS COURSE)
FOR 2011-2012 SESSION
SCHEME OF STUDIES
FIFTH SEMESTER
12. Abatement, Withdrawal and Compromise of Suits - Abatment and its effect (Order
XXII) ; Withdrawal of Suit (Order XXIII Rules 1-2) Suits by or against minors and
persons of unsound mind (Order XXXII) ; Compromise of Suit in a representative suit
(Order XXIII, rules 3-3B); compromise by next friend or guardian (Order XXXII, Rule 7)
Suggested Readings :
Mulla
A.N. Saha
:
:
Ss 1-16
Ss 17-31
Ss 32-33
Ss 34-38
S- 39
Ss 40-44
Unit - II
- Opinions of Third Persons when relevant
- Character when relevant
- Facts which need not be proved
- Of Oral Evidence
- Of Documentary Evidence
Unit - III
Ss 45-51
Ss 52-55
Ss 55-58
Ss 59-60
Ss 61-90
Ss 91-100
Ss 101-114-A
Ss 115-117
- Of Witnesses
- Of the Examination of Witnesses
- Of Improper Admission and Rejection of Evidence
Ss 118-134
Ss 135-166
S- 167
Suggested Readings :
Rattan Lal and Dhiraj Lal : The Law of Evidence
2
Unit - IV
-
Sentence Hearing
Awarding of Death Sentence
Procedure for confirmation of Death Sentence
Execution of Death Sentence
Execution of Sentence of Imprisonment
Suspension, Remission and Commutation of Sentences.
Suggested Readings :
Unit - IV
Land Acquisition Act, 1894
1. Definition of key words
2. Preliminary notification for acquisition of Land and hearing of objections
3. Declaration of required acquisition and powers of collector
4. Reference to court against award of collector and procedure thereon
5. Matters to be considered and neglected in determining compensation
6. Appointment of compensation
7. Payment of compensation and interest thereon.
Suggested Readings :
1.
2.
3.
4.
5.
6.
7.
8.
9.
O.P. Aggarwal
Jain & Jain
O.P. Aggarwal
K.B. Jain
P.C. Joshi
P.S. Appu
A.B. Puranik
:
:
:
:
:
:
:
:
:
S.2
Ss 3-11
Ss 12-24
Ss 25-27
Unit - III
The Registration Establishment (Sec. 3,5,7,8 & 10-16)
Registrable Documents (Secs. 17-22)
Law of Limitations
Limitation Act
Indian Registration Act
Specific Relief Act
Paper V (b) : Criminology & Penology
Unit-I
Nature, Scope and Objections of Criminology, its relationship with criminal law and
other social sciences.
Causation - Physiological, psychological and Sociological Factors.
The Constitutional School.
Unit-II
White Collar Crimes
Professional Deviance
Juvenile Deviance
Juvenile Delinquency
Female Criminality
Unit-III
Theories of Punishment
Capital Punishment - constitutionality of capital punishment, judicial approach
towards death penalty.
Correctional Treatment of offenders.
Classification, vocational education, an appraisal of reformative techniques.
Unit-IV
Probation
Perole
Open Prisons
After Care
Right of Prisoners
6
Suggested Readings :
: Principles of Criminology
: Criminology : Problems & Perspectives
: Criminology and Penology
Paper V (c) : Law and Medicine
Unit-I
Genetic Engineering
- Test Tube babies
- Cloning of Human beings
- Medical Termination of Pregnancy Act, 1971
- Anniocetesis - uses and abuses
Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994
Unit-II
The Mental Health Act, 1987
Mental Health Authorities
Admission and detention in psychiatric
Hospitals of Psychiatric Nursing Homes
Protection of Human Rights of Mentally ill persons.
The Transplantation of Human Organs Act, 1994
Authority for the Removal of Human organs
Removal of organs in case of unclaimed bodies in hospital or prison
Restrictions on removal of Human organs
Offences and Penalties
Unit-III
Medical Negligence and Malpractices
Position under Consumer Protection Act, 1986
Experimental Abuses
Experimentation on features and children
Experimentation on people in custody, including psychiatric custody
The Problem of disposal of medical and surgical Wasters.
Unit-IV
Health Insurance in India
Role of Law in prevention of AIDS
Duties of Hospitals regarding Medico-legal cases with special reference to (i) road
accidents (ii) sexual assaults and (iii) mass disasters.
Prescribed Books /Act
The Medical Termination of Pregnancy Act, 1971
The Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994
The Mental Health Act, 1987
7
The Tranplanation of Human Organs Act, 1994
The Consumer Protection Act, 1986.
Paper V (d) : Rent Law
Unit-I
-
Unit-IV
Aim and object of the Punjab Public Premises and Land (Eviction and Rent Recovery)
Act, 1973
Definition : Premises, public premises, corporate authority, rent Unauthorised
occupation of public premises
Issue of notice to show cause against order of eviction and eviction of unauthorised
Offences and penalty
Appeals and recovery of rent etc. as arrears of land revenue.
8
Suggested Readings :
The East Punjab Urban Rent Restriction Act, 1949
Public Premises and Land (Eviction and Rent Recovery)
J.S. Chawla, Rent Restictions in Punjab, Haryana and Himachal
D.N. Johar, Rent Law.
Paper V (e) : International Trade Law
Unit-I
United Nations GATT 1947
United Nations Conference on Trade and Development (UNCTAD)
Charter of Economic Rights and Duties of States
Salient Features of GATT 1994
Unit-II
Establishment of WTO
History of Multi-lateral Trading System
Objects of WTO
Basic Principles of WTO Trading System
Difference between GATT and WTO
Structure and Working of WTO
Unit-III
Key subjects in WTO
New Issues
Trade and Labour
Trade and Environment
Trade and Competition Policy
Trade and Investment
Trade Facilitation, Kyoto Convention.
Unit-IV
Dispute Settlement under GATT 1994 Article XXII & XXIII
Elements of WTO Dispute Settlement
India and WTO
IMF and IBRD
Suggested Readings :
Arun Goyal (ed.) World Trade Organisation in the New Millennium
Academy of Business Studies, New Delhi, 2001
Bhandari Surendra, World Trade Organisation and Developing Countries, Universal,
Delhi, 1995
Myneni Srinivasa Rao, International Economic Law, Pioneer Book, New Delhi, 1996
Jayanta Bagchi, World Trade Organisation : An Indian Perspective, Eastern Law House,
Calcutta, 2000.
J.G. Starke, Introduction to International Law, Butterworths, London
S.K. Kapoor, International Law, Central Law Agency, Allahabad.
9
LL.B. 6th Semester
Paper I : Code of Civil Procedure 1908-II
(Including Pleadings and Drafting)
Unit-I
1. Consent of Execution : Who may apply for execution and against whom execution
may be sought ; Definition of court which passed a decree, transfer of decree for
execution (Section 36-42 & Order XXI)
2. Precept (Section 46) ; Scope of Section 47 ; Execution, against transferees and legal
representatives (Sections 49-50) ; Stay of execution (Order XXI, rules 26-29)
3. Modes of execution (Sections 51-54) ; Arrest and Detention (Sections 55-59, Order
XXI, rules 37-40)
Unit-II
4. Attachment of Property in execution of a decree ; non-attachable property ; transfer of
property and attachment (Sections 60-64) ; Objections to attachment (Order XXI,
rules 58-59)
5. General procedure for sale of attached property (Order XXI rules 64-69) ; who cannot
bid at sale (Order XXI rules 72, 72A, 73) ; Sale and resale of immovable property in
execution (Order XXI, rules 82-87)
6. Setting aside and confirmation of execution sale (Order XXI 89-94) ; Rateable
distribution of Assets (Section-73) ; Resistance to delivery of possession in execution
and remedies (Section 74, order XXI, rules 97-106)
Unit-III
7. Nature of right of appeal ; appeals from original decrees (Sections 96-99A), Appeals
from Appellate Decrees (Sections 100-103, Order XLII) Appeals from Orders
(Sections 104-106 ; Order XLIII).
8. Appeals to the Supreme Court (Sections 109-112, Order XLV); Procedure of Appeals
and Powers of Appellate Court (Section 107, Order XLI)
9. Reference (Section 113, Order XLVI) ; Review (Section 114), Revision (Section 115),
Restitution (Section 144) ; Inherent powers of the Court (Section 151)
Unit-IV
10.Pleadings - Meaning, object and fundamental rules of pleadings, Alternative and
inconsistent pleadings ; Amendment of pleadings (Order VI) ; Plaint (Order VII) ;
Written Statement, Set-off and counter claim (Order VIII).
11.Drafting - Drafting of plaints in suit for injunction, specific performance, breach of
contract accounts by the principal against agent, money suit, partition and possession,
damages for malicious prosecution, Interpleader Suit ; Application for matrimonial
10
relief under Hindu Marriage Act, 1955, Application for eviction of tenant under
Punjab Rent Restriction Act, 1949 ; Application of set aside expart decree,
Application for appointment of guardian of a minor.
12. Drafting of Written Statements in suits and applications stated above. Drafting of
miscellaneous applications under CPC- Application for amendment of Plaint,
Application for execution of decree under order 21 rules 11, Application for
permission to sue as indigent person.
Suggested Readings :
Mulla
: Code of Civil Procedure
A.N. Saha : Code of Civil Procedure, 1908
P.C. Mogha : The Law of Pleadings in India
A.N. Chaturvedi : Pleadings
13
to
28
Suggested Readings :
1.
2.
3.
4.
5.
6.
7.
:
:
:
:
Srivastava
:
:
8.
Paper III : Practical Work Including Legal Services Authorities Act, 1987
LL.B. VI Semester consists entirely of Practical Work in which each student is to
participate in two Moot Courts apart from home assignments and Court visits. For this
paper, the students would be evaluated by Internal teachers.
The Legal Services Authorities Act, 1987 would be taught in Paper-III Practical
Work. The syllabus would be as under :
-
60 Marks
20 Marks
20 Marks
100 Marks
(The students will maintain a record and enter the various steps observed during their
attendance on different days in the Court assignment).
:
:
:
13
Suggested Readings :
1. Ashish Kothari : Understanding Biodiversity, New Delhi, Oriented Longman, 1997
2. Rajan Mukund Govind : The Case of Loss of Biodiversity in Global Environment
Politics, Delhi, Oxford University Press, 1997.
3. Legal Control of Environment Pollution (Prepared by Indian Law Institute, New
Delhi, 1980)
4. All Bare Acts relating to Environment Pollution
5. Environment Protection Act : An Agenda for Implementation, under the auspices of
ILI, prepared by Upendra Baxi, Tripathi Pvt. Ltd. Bombay, 1987.
Paper IV (c) : Economic and Social Offences
Unit-I
Emergence of Socio-economic offences
Concept and objectives of Socio-economic offences
Nature and scope of Socio-economic offences
Prevention of Socio-economic offences
Courts and Socio-economic offences in India.
Unit-II
Dowry Prohibition Act, 1961
Essential Commodities Act, 1955
Unit-III
Customs Act, 1962
Definitions of Key words
Administration
Prohibition on import and export
Search, seizure and arrest
investigation
Adjudication
Prosecution
Presumptions
15
Unit-IV
Foreign Exchange Management Act, 1999
Definitions of Key words
Objectives
Administration
Regulation and Management of Foreign Exchange
Authorised Person and his role
Contravention and Penalties
Adjudication Machinary
Presumptions
Suggested Readings :
1.
2.
3.
4.
Mahesh Chandra
S.K. Ghosh
Jaspal Singh
S.B. Sukthankar
:
:
:
:
Socio-Economic Crimes
Economic Offences
Socio-Economic Offences
Law of Customs
47th Report of Law Commission of India
Dowry Prohibition Act
Essential Commodities Act
Customs Act
Foreign Exchange Management Act.
Unit-III
Definition Sec. 2
Principles of Central Sales Tax Secs. 3-5
Registration of Dealers Sec. 7
Liability, Levy & Collection of Tax Secs. 6, 8-9B
Unit-IV
Panalties and Prosecution Secs. 10-12
Power to Make Rules Sec. 13
Goods of Special Importance or Declared Goods Secs. 1
Liability in Special Cases Secs. 16-18.
Paper V (b) : Law of Intellectual Property
Unit-I
Concept and Nature of Intellectual Property
Meaning, main forms of Intellectual Property
System of Intellectual Property Rights, Competing rationale of the legal regimes for the
protection of rights in Intellectual Property
Forms of Industrial property, Protection for Investigations ; Patents, Inventor's certificates,
utility models ; criteria for patenting, rational behind grant of patents.
Unit-II
Leading International Instruments concerning intellectual property rights
The Paris Convention for the Protection of Industrial Property : Its establishment, concept
of Paris Union, minimum standards of Patent Protection under the Convention ; Initiatives
towards revision of the Paris Convention
The World Intellectual Property Organisation (WIPO)
Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) : Its aim,
provisions on patents and their incompatability with the Indian Patents Act, 1970
Unit-III
Select Aspects of the Law of Patents in India
Concept of Patent, object of patent grant system, International character of patents,
historical overview of the patents law in India.
Salient features of the Patents act
Patentable and non-patentable Inventions
Duration of the Patent Grant.
Unit-IV
Law of Patents in India
Process of obtaining a patent, powers of controller of patents
17
Unit-IV
Contemporanea expositio
Expressio unius exclusio alterious
Ejusdem generis rule
Part Materia
Mens rea
Bonam Partem
Stare decisis
18
Suggested Readings :
1.
2.
3.
4.
Maxwell
:
V.P. Sarathi :
G.P. Singh
:
Jagdish Swarup :
Interpretation of Statutes
Interpretation of Statutes
Principles of Statutory Interpretation
Legislation and Interpretation
Paper V (d) : International Organisations
Unit-I
Unit-II
The Security Council :
Composition and voting
Functions and Powers
Evaluation of its work
The Economic and Social Council :
Composition and voting
Functions and powers
Evaluation of its work
Amendment and Revision of the UN Charter
Formal Amendment Procedure
Informal Changes in the UN Charter System
19
The Revision of UN Charter
UN Peace Keeping
Collective Security and Peace Keeping
UN Peace Keeping Forces
Evaluation of Peace Keeping efforts
Unit-III
UN and Specialised Agencies
ILO
Aims and Purposes
Composition and Functions
ILO Standards
Implementation of ILO Standards
Evaluation
WHO
Objectives
Composition and Functions
Evaluation
UNESCO
Objectives
Composition and Functions
Evaluation
Unit-IV
Permanent Court of Arbitration
Formation
Composition
Evaluation
Permanent Court of International Justice
Formation and Composition
Jurisdiction
Evaluation
International Court of Justice
Composition
Jurisdiction
Evaluation
Suggested Readings :
1.
2.
3.
4.
5.
:
:
:
:
: