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PUNJABI UNIVERSITY, PATIALA

SYLLABUS
BACHELOR OF LAWS PART-III (FIFTH & SIXTH SEMESTER)
(THREE YEARS COURSE)
FOR 2011-2012 SESSION

SCHEME OF STUDIES
FIFTH SEMESTER

Paper-I : Code of Civil Procedure 1908-I


Paper-II : Law of Evidence
Paper-III : Code of Criminal Procedure 1973-I
Paper-IV : Land Laws
Paper-V : Any one of the following :
(a) Law of Limitations, Specific Relief and Registration
(b) Criminology & Penology
(c) Law and Medicine
(d) Rent Law
(e) International Trade Law
SIXTH SEMESTER
Paper-I :

Code of Civil Procedure 1908-II


(Including Pleadings and Drafting)
Paper-II : Code of Criminal Procedure 1973-II
(Including Juvenile Justice (Care and Protection) Act and Probation of Offenders Act)
Paper-III : Practical Work including Legal
Services Authorities Act, 1987
Paper-IV : Any one of the following :
(a) Service Law
(b) Environmental Law Including Protection of Wild Life
(c) Economic and Social Offences
Paper-V : Any one of the following :
(a) Central Excise and Sales Tax
(b) Law of Intellectual Property
(c) Interpretation of Statutes and General Clauses Act
(d) International Organisations.

GENERAL INSTRUCTIONS FOR THE PAPER


SETTER FOR ALL THE PAPERS
1. The maximum marks for each paper are 100 and the time allowed in 3 hours.
2. The minimum number of marks required to pass each paper shall be 45% .
3. The question paper will consist of five units : I, II, III, IV and V. Unit I, II, III and IV
will have two questions each from the respective Units of the syllabus and will carry
15 marks each. Unit V will consist of 10 short answer type questions, which will
cover the entire syllabus uniformly and will carry 40 marks in all.
INSTRUCTIONS FOR THE CANDIDATES
Candidates are required to attempt one question each from the Unit I, II, III and
IV of the question paper and the entire Unit-V.

LL.B. 5th Semester


Paper I : Code of Civil Procedure 1908-I
Unit - I
1. Concept of Procedure and Suit - Distinction between Civil and Criminal Procedure ;
Substantive and Procedural Law, 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.
2. 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 (Section 6,9)
3. Bar and Suits - General conditions of Resjudicata ; Matters directly and substantially in
issue, constructive Rejudicata ; Resjudicata and Res Subjudice, Resjudicata and Estoppel ;
Resjudicata between Co-defendants and Co-plaintiffs (Section 10,11)
Unit - II
4. Foreign Judgment - Meaning of Foreign judgment (Section 2(5), 2(6); Conclusiveness
of foreign judgment ; Its enforcement and execution (Section 13, 14, 44A)
5. Parties to suit and Frame of Suit-Joinder, non-joinder and misjoinder of parties ;
Representative suit (Order I) ; Joinder of causes of action and misjoinder (Order II) ; Split
of cause of action (Order II rule 2) and Resjudicata.
6. Institution of Suit - Section 26, Order IV ; Place of Suing (Section 15-20) ; objections
to jurisdiction (Section 21, 21A)
Unit - III
7. Summons - Issue and service of Summons to defendants (Sections 27-29, Order V) ;
Summons to witnesses (Sections 30-32, Order XVI)
8. Appearance of Parties and Consequences of non-appearance - Dismissal of suit for
default, Ex Parte proceedings ; Setting Aside ex-parte decree (Order IX)
9. Judgement and Decree, Definitions of judgement, decree and order (Section 2(2), (9),
(14) ; Distinction between a decree and an order)
Unit - IV
10. Interim Orders- Commissions (Section 75-78, order XXVI); Arrest and Attachment
before judgment (Order XXXVIII); Temporary injunctions (Order XXXIX) ;
Appointment of Receiver (Order XL) ; Security for costs (Order XXV); Supplemental
proceedings (Sections 94-95)
11. Suits in particular Cases and Special Proceedings - Suits by or against Government or
Public Officer (Sections 79-82) ; Suits by Alien and by or against Foreign Rulers etc.
(Sections 83-87B) ; Interpleader suit (Section 88, Order XXXV) ; Suits by Indigent
persons (Order XXXIII) ; Special Case (Section 90, Order XXXVI) ; Suits relating to
public nuisance and public charities (Sections 91-93).
1

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

:
:

Code of Civil Procedure


Code of Civil Procedure, 1908.
Paper II : Law of Evidence
Unit - I

Definitions and Relevancy of Facts


Admissions and Confessions
Statements by Persons who cannot be called as witnesses
Statements made under special Circumstances
How much of a statement is to be proved
Judgement of Courts of Justice when relevent

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

- Of the Exclusion of Oral by Documentary Evidence


- Of the Burden of Proof
- Estoppel
Unit - IV

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

Paper III : Code of Criminal Procedure 1973-I


Unit - I
- Objects and rationale of Criminal Procedure
- Definitions - Bailable Offence, Non-Bailable Offfence, cognizable offence and noncognizable offence, complaint, Police Report, Inquiry, investigation, Judicial Proceeding,
Summons Case and Warrant Case.
- Classes and Powers of Criminal Court
- Arrest of Persons with and without warrant
- Process to comply Appearance - (a) Summons, (b) Warrant of arrest (c) Proclamation
and Attachement.
- Process to comply production of thing - summons to produce, Search Warrants,
General Provisions Relating to Searches, Power of Police officer to seize certain property
- Security for keeping peace and good behaviour
- Maintenance proceedings
- Conditional order for removal of nuisance
- Procedure regarding disputes to immovable property.
Unit - II
- Information to police of cognizable Offences
- Powers of Police to investigate cognizable and non-cognizable offence, procedure for
Investigation
- Examination of witnesses by police, use of statements before police in evidence.
Recording of confessional statement
- Procedure on completion of investigation
- Diary of proceedings in investigation
- Inquest Report
- Magistrates Powers to take cognizance
- Complaints to Magistrate, Dismissal of complaint
- Commencement of proceedings before magistrates
- Commitment of case to court of Session.
Unit - III
-

Provisions regarding place of trial


Charge - contents, joinder of charges and joinder of persons
Procedure for trial before court of Sessions and High Courts
Procedure for trial before Magistrates
Warrants cases - instituted on police report and instituted than on police report
Summons cases
Summary Trial
Pardon to Accomplice
3

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 :

1. Rattan Lal & Dhiraj Lal


2. R.V. Kalkar
3. M.P. Tandon

: Criminal Procedure Code, 1973


: Outlines of Criminal Procedure
: Criminal Procedure Code, 1973.
Paper IV : Land Laws
Unit - I

Punjab Land Revenue Act, 1887


1. Definition of Key words
2. Revenue officers and their powers
3. Revenue Records
4. Assessment of land revenue
5. Collection of land revenue
6. Partition
7. Jurisdiction of civil courts under Land Revenue Law.
Unit - II
Punjab Tenancy Act, 1887 & Punjab Security of Land Tenures Act, 1953
1. Definition of key words
2. Classes of tenants
3. Law of rent
4. Law of ejectment of tenant
5. Relief for wrongful dispossession of tenant
6. Improvements and compensation
7. Evaluation of Tenancy Laws.
Unit - III
Punjab Land Reforms Act, 1972
1. Principles of economic and social justice and land reforms
2. Definition of key words
3. Permissible area
4. Determination of permissible and surplus area
5. Utilization of surplus area
6. Lands exempted from ceiling
7. Evaluation of Land Reform in Punjab
4

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

:
:
:
:
:
:
:
:
:

Punjab Land Revenue Act


Punjab Land Revenue Act
Punjab Tenancy Act
Punjab Security of Land Tenures Act
Land Reforms in India Trends and Perspectives
Ceiling on Agricultural Holdings
Punjab Land Reforms Act
Land Acquisition Act
Law of Land Acquisition and Compensation.

Paper V (a) : Law of Limitations, Specific Relief and Registration


Unit - I
The Limitation Act (Act No. 36 of 1963) Excluding Schedules
Definitions
Limitation of Suits, Appeals and Applications
Computation of Period of Limitation
Acquisition of ownership by possession
Unit - II
Recovering Possession of Property
Specific Performance of Contracts
Rectification of Instruments
Rescission of Contracts
Cancellation of Instruments
Declaratory Decrees

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)

Time of Presentation (Secs. 23-27)


Place of Registration (Secs. 28-31)
Unit - IV
Presenting Documents for Registration (Secs. 32-35)
Enforcing, Appearance of Executants and Witnesses (Secs. 36-39)
Presenting, Deposit of Wills and Authorities to Adopt (Secs. 40-45)
Effects of Registration and Non-Registration (Secs. 47-50)
Duties and Powers of Registering Officers.
Suggested Readings :
Mitra
:
Avtar Singh :
J.P. Sirohi :
Aquil Ahmed :

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 :

1. Sutherland E. & Cressy


2. Siddique, A.
3. Parajape, N.V.

: 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
-

Objects, purpose and scope of Rent Control Law


Definition of Key Words under East Punjab Rent Restriction Act, 1949
Fair rent and its determination and increase
Duties of Land Lord : not to charge for the grant or renewal of tenancy, not to
increase rent on account of payment of taxes, not to interfere with amenities and to
make necessary repairs.
Buildings and their conversion
Unit-II
Grounds of ejectment/eviction of tenants
Non-Payment of Rent
Sub-letting
Change of user
Impairment of value and utility
Acts of nuisance
Non-occupation
Building becoming unsafe
Personal necessity
Tenant is a tenant of specified landlord.
Unit-III

Duties of the Land Lord and tenant to furnish particulars


Procedure to dispose application of specified landlord
Rent Controller and Powers
Appellate authorities and their powers
Power to summon and enforce attendance
Execution of orders
Evaluation of Rent Control Law

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

Paper II : Code of Criminal Procedure 1973-II


(Including Juvenile Justice (Care and Protection of Children)
Act And Probation of Offenders Act)
Unit-I
-

Bail - Meaning and purpose


Bail in Bail able offences
Bail in Non Bailable offences
Anticipatory Bail
Special Powers of High Court and Court of Sessions regarding bail
Powers of Appellate court to grant bail, Cancellation of bail
Bail for default in completion of Investigation within prescribed prison
General Provisions regarding Bond and Bail Bond
Unit-II

Inherent Powers of the High Courts


Appeal, Reference and Revision
Autrefois acquit and autrefis convict
Compensation to victimes of crime
Rights of Accused and Principles of fair trail
Time Limitation for taking cognizance
Unit-III

Juvenile Justice (Care and Protection of Children) Act, 2000


Definitions S.2
Juvenile Justice Board Ss. 4,5,6 & 7
Observation Homes S.8
Special Homes S.9
Juveniles
in
Conflict
with
law
Ss
11

Children in Need of Care and Protection Ss 29 to 39


Special Juvenile Police Unit S. 63
Role of Non-Government Organisations.
Unit-IV

Jurisdiction of the Probation of Offenders Act, 1958


Release after admonition
Release on probation of good conduct
A. Without supervision order
B. With Supervision order
Restrictions on imprisonment of young offenders
Conditions of probation and variations in them
Non-observance of conditions of probation orders
Functions and duties of probation officer

13

to

28

Suggested Readings :
1.
2.
3.
4.
5.
6.
7.

Rattan Lal Dhiraj Lal


R.V. Kalkar
M.P. Tandon
Pranjape

:
:
:
:

Srivastava

:
:

8.

Criminal Procedure Code, 1973


Outlines of Criminal Procedure
Criminal Procedure Code, 1973
Law Relating to Probation of Offenders
Consul Probation of Offenders Act, 1963
Juvenile Justice in India
Juvenile Justice (Care and Protection of
Children) Act, 2000
Punjab Juvenile Justice Rules, 2001

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 :
-

Classes of Advocates, Rights, Privileges, Duties and obligations of Advocates


Nature and Scope of the Legal Service Authorities Act, 1987 and Definitions
National Legal Services Authority
State Legal Services Authority
District Legal Services Authority
Lok
Adalats
12

However, on these students would be given assignments / attending Lok Adalats


organised by the District Courts as well as would be encouraged to undertake various
Legal Aid Campus.
Distribution of Marks is as under :
1. Moot Courts (Every student will give presentation) at two moot
courts with 30 marks each)
2. Home Assignments
3. Court Visits
Total

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).

Paper IV (a) : Service Law


Unit-I
Historical perspective of Civil Services :
Ancient period
Medieval period
The British India period
Civil Service Mercantile Stage
Civil Service (1765-1853)
Imperial Civil Service (1858-1919)
The Ai-Chison Commission (1886)
The Instingtion Commission (1912-1915)
The Montague - Chelmsford Report-1918
The Govt. of India Act, 1919
Law Commission, 1924
The Govt. of India Act, 1935
Post Independence Period
Unit-II
Function and powers of Public Service Commission under Constitution (Arts. 315-323)
Constitutional provisions relating to reservations
Unit-III
Doctrine of Pleasure (Art. 310)
Mandatory Remedial Provisions under Article 311
Unit-IV
Service Tribunals (Art 323A)
Service Tribunal Act, 1985
Enquiry and Principle of Natural Justice
Suggested Readings :
Narender Kumar
R.P. Sikka
G.B. Singh

:
:
:

Constitutional Law of India


Civil Services of India
Law of Suspension Penal Departmental Enquiries.

13

Paper IV (b) : Environment Law Including Protection of Wild Life


Unit-I
Definition of Environment
Kinds of Pollution
Ecology System
Factors Affecting the Environment Legislation in India
Role of Voluntary Organisation to control Pollution
Indoor Pollution
Special Control
Govt. Policy and Planning to control Pollution
General legal provisions relating to control of Pollution
Constitution of India, Arts. 48-A, 51-A and 21
Civil Procedure Code, Section 91
Criminal Procedure Code, S. 133
Indian Penal Code, Sections 227,278, 290.
Unit-II
Constitution, Power, Functions and Jurisdiction of statutory bodies under the following
Acts :
The Water (Prevention and Control of Pollution) Act, 1974
The Environment (Protection Act, 1986) and
The Water Prevention and Control of Pollution Cess Act, 1977
The Air (Prevention and Control of Pollution) Act, 1981
Unit-III
Role of Supreme Court and High Courts in controlling the Pollution
Public Liability Insurance Act, 1991
Offences and Penalties and their enforcement under the following Acts :
(i)
The Water (Prevention and Control of Pollution) Act, 1974
(ii) The Water Prevention and Control of Pollution Cess Act, 1977
(iii) The Environment (Protection) Act, 1986
(iv) The Air (Prevention and Control of Pollution) Act, 1981
Liability of Company
Criminal Liability
Strict Liability
14
Unit-IV
Preservation and Protection of Wild Life under the Wild Life Protection Act, 1972
Preservation of Biodiversity through Legislation
The Punjab Juvenile Smoking Act, 1918
The Cigarettes (Regulation of Production, supply and Distribution) Act, 1975
Non-Biodegradable Garbage Control Legislation.

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.

Paper V (a) : Central Excise & Sales Tax


Central Excise Act, 1944
Unit-I
Definitions Sec. 2
Levy and Collection of Duty Secs. 3-11
Indicating Amount of Duty in the Price of Goods etc. for purpose of Refund & Crediting
Certain Amounts to the Secs. 12A-12D
Powers and Duties of officers and Landholders Secs. 121-23
Advance Ruling Secs. 23A-23H
Unit-II
Transport by Sea Secs. 24-30
Settlement of Cases Secs. 31-32 PA
Adjudication of Confiscations and Penalties Secs. 33-34A
Appeals Secs. 35-36
Presumptions as to Documents Secs. 36A-36B
Supplement Provisions Secs. 37-40
THE CENTRAL SALES TAX ACT, 1956
16

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

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Grounds of opposition to grant of patent


Rights and obligations of a patentee
Compulsory licences, licences of right and Revocation of Patents Infringement of Patents
and Reliefs.
Suggested Readings :
1. Anderfelt, UIF
: International Patent Legislation & Developing Countries
2. Carnish W.R.
: Intellectual Property
3. Sangal, P.S. & Kishore : Indian Patent System and Paris Convention : Legal
Perspectives
4. Naranyanan, P.
: Intellectual Property Law
5. Narayanan, P.
: Patent Law.
Paper V (c) : Interpretation of Statutes and General Clauses Act
Unit-I
General Clauses Act :
Definitions of Key words
Commencement of Statute
Operation of Statute
Repeal of Statute and its effect
Revival of Statute
Consolidating, Codifying and Amending Statutes
Unit-II
Primary or literal rule of interpretation
Mischief rule of interpretation
Golden rule of interpretation
Restrictive rule of interpretation
Beneficial rule of interpretation
Harmonious rule of interpretation
Unit-III
Internal aids of construction
External aids of construction

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

Formation of the League of Nations


The Concept of Europe
Formation of Public International Unions
The Hague System
Development in the 20th Century
Definition, Essentials and Legal Character of International Organisation
The League of Nations :
Principal organs
Functions
Causes of failure
Achievements
The United Nations :
Formation of the UN
Preamble and Purposes
Principles
Membership, Suspension and Expulsion
The General Assembly :
Composition and voting
Functions and powers
Evaluation of its work

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.

Goodrich & Hambro


Potner Pitman
D.W. Bowett
Preeta Joshi
B.N. Mehrish

:
:
:
:
:

The Charter of the United Nations


Introduction to the Study of International Organisations
The Law of International Institutions
International Labour Organisation and Impact on India
International Organisation
American Journal of International Law
Indian Journal of International Law.
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