Syllabus & Regulations

SYLLABUS & REGULATIONS FOR

LL.B. Three Year Degree Course

1 REGULATIONS & SYLLABUS FOR THREE YEAR LL.B. DEGREE COURSE

The Degree of Bachelor of Laws : 1. The Mohanlal Sukhadia University shall confer the degree of Bachelor of Laws on such candidates who being eligible for admission to the LL.B. Degree Course, have received regular instructions in the prescribed course of study, undergone required practical training, passed all the prescribed examinations and being otherwise suitable by virtue of their conduct and character have fulfilled such other conditions as may be laid down from time to time. Duration of the Course : 2. The courses of study for the LL.B. Degree shall spread over a period of three years which shall, respectively, be called the LL.B. First Year, the LL.B. Second Year and the LL.B. Third Year. The year shall commence with the day, the University reopens after the Summer Vacation and end on the day, the University closes down for Summer Vacation in the following year. Admission Requirements : 3. Eligibility : (i) A candidate, who has passed the examination for the Bachelor’s Degree in Arts/Science/Commerce/Medicine/Technology/Agriculture or in any other discipline of this University, or, of any other University as is recognized by the University as equivalent there to after having undergone a regular course of study and has secured a minimum of 45% marks in the aggregate in the Scheme of 10+1+3 upto 1989 and 10+2+3 after 1989, shall be eligible for admission to the Three Year LL.B. Degree Course. Provided that a candidate holding a Master Degree in any of the aforesaid discipline shall also be eligible for admission to the Three Years LL.B. Degree Course, who has secured a minimum off 45% marks in the aggregate. (ii) 45% marks all the Bachelor’s or Master’s Degree indicate merely the eligibility to apply for admission and do not ensure admission. (iii) For the candidates belonging to SC/ST/OBC (except creamy layer) the minimum eligibility is 40% marks in the aforesaid qualifying examinations. (iv) The candidates who have passed their Graduate/Postgraduate examination from the University other than the Universities of Rajasthan will be eligible for admission only if they have secured not less than 60% marks at their respective examinations. Provided that if a candidate is a bonafide resident of Rajasthan shall also be eligible for admission if he produces the relevant certificate of the competent authority on his own behalf and fulfills the eligibility requirements and stands in merit. (v) The eligibility shall be calculated without considering the marks of internal assessment secured by a candidate. (vi) All the admissions of eligible candidates, who have passed Bacherlor’s Degree or Post graduate Degree recognized by this University shall be made on the basis of merit secured in 2 the Entrance Test for the admission of LL.B. First Year subject to the rules and regulations of the Entrance Test modified upto date. (vii) Candidate who have been placed in Supplementary in the Bachelor’s Degree Examination are not eligible to apply for admission. Admission : 4. (i) A candidate for the LL.B. Degree shall be first admitted to the First Year Class only. (ii) Candidates for the LL.B. Second Year Class shall be admitted only on their having passed the LL.B. First Year Examination of this University after having completed a regular course of study. (ii) Candidates for the LL.B. Third Year Class shall be admitted only on their having passed the LL.B. First Year due papers, if any, and promoted to the LL.B. Second Year Examination of this University after having completed a regular course of study. Explanation : 5. (i) A regular course of study includes the prescribed percentage of attendance (presently 75% as required by the Bar Council of India, subject to the revision by the Bar Council of India from time to time) by the candidate in all the lectures delivered in each paper and also study as may be prescribed from time to time. (ii) A candidate, who fails to persue a regular course of study during any year of the Three Years of LL.B Degree Course, or having completed a regular course of study fails to pass the examination at the end of such year, shall not be re-admitted in any subsequent year to the class concerned. (iii) A candidate whose name has been struck off the rolls for non-payment of dues in time may be re-admitted in the same year to the same class on payment of prescribed fee and outstanding dues. Conditions of Admission : 6. (i) No application for admission to the LL.B. First Year class shall be entertained unless it is accompanied by : (a) a duly certified transcript of the scholastic record off the candidate commencing from Secondary & Senior Secondary Certificate Examination or its equivalent Examination; (b) Original Transfer Certificate; (c) Original Migration Certificate if the candidate is not enrolled in this University. (ii) All the candidates who have secured admission in LL.B., LL.M. and Diplomas conducted by this University College of Law, Udaipur shall ensure themselves that they are living in the Municipal limits of the Udaipur by giving their local addresses in the admission form. (iii) No application for admission shall be entertained unless the candidate gives a written undertaking to the effect that : (a) he shall exclusively devote his time to the study of course prescribed for the LL.B. Degree;

3 (b) he shall abide by the provisions of the Act, Statutes, Regulations and Rules of the University that are framed or may be framed and are in force from time to time and all the lawful orders of the officers and authorities of the University College of Law and the University. (iv) No application for admission shall be entertained unless the parent or guardian of the candidate gives a written undertaking to the effect that : (a) the candidate shall abide by the undertaking given in the application and by the provisions of the University Act, Statutes, Regulations and Rules in force from time to time and the lawful orders of the officers and the authorities of the University College of Law and the University; (b) he shall be responsible for the payment of fees and other dues of any description whatsoever of the candidate; (c) he shall be responsible for the good behaviour of the candidate in and outside the College and the University. (v) No application for admission shall be entertained unless the candidate, if employed produces from his employer a certificate of ‘No Objection’ to his prosecuting studies in the College of Law and certifying that the employee is a person of good conduct and character and is posted within the Municipal limits of the City/Town wherein the College is situated. (vi) The admission of a student is liable to be cancelled at any time in the event of any breach of the undertaking given by the student or his guardian and in the case of a student in employment, his employer.

Application : 7. (a) Application for admission to the LL.B. First Year, LL.B. Second Year and LL.B. Third Year, LL.M. Part-I, LL.M. Part – II and all the Diplomas class conducted by this College shall be submitted in the prescribed from only. (b) The prescribed form shall be issued by the Dean, University College of Law, or a person authorized by him, on payment of the prescribed fee. (c) Application forms for admission shall not be issued after the last date fixed for the receipt of such applications. (d) Notwithstanding anything contained in sub clauses (a), (b) & (c) above, candidates whose names are struck off the rolls for non payment of dues and who are seeking readmission on payment of the dues in the same year in which their names are struck off need not put in an application and their names may be restored on submitting the evidence of payment of dues or arrears. Note : Any application which is not received within the fixed time or is incomplete in respect of any particulars whatsoever, is liable to be summarily rejected. It is the responsibility of the candidate concerned to ensure that he had filled in all the columns and filed all the required documents before the last date prescribed for the receipt of application. No correspondence in regard to this matter shall be entertained. Acknowledgement of an application by the 4 office of the College of Law does not mean that the application has been treated as completed or that the College Office must necessarily reply or inform about the same. Screening 8. (i) There shall be an Admission Committee constituted by the Dean consisting of at least three members of the teaching staff of the College which shall be competent to process the application forms and forward the list of eligible candidates for admission to the Dean through the Head of Law Department for necessary action. (ii) Admission cannot be claimed by any candidate as a matter of right and admission or readmission of a candidate shall be entirely at the discretion of the Dean who may refuse admission to any candidate, without assigning any reason therefore. Admission : 9. (i) Except otherwise provided, candidate shall not be admitted to the LL.B. First, Second or Thrid Year, LL.M. Part – I, LL.M. Part – II and all the Diploma classes conducted by this College after the last date fixed admission. (ii) The admission of a student is liable to be cancelled if he, at any time, violates the provisions of the University Act, Statutes, Regulations, Rules and Orders of the Officer of the College and the University or if he is found to have been convicted of a crime or involved in any criminal activity or, if it is discovered that he has furnished wrong information or false documents for the purpose of his admission. 10 Fee : Candidate, on being formally admitted/provisionally admitted to the Three Year LL.B. Degree Course, LL.M. and All the Diploma conducted by this College shall pay the prescribed fee by the date and time fixed in this behalf.

11. Courses of Study : A candidate for the Degree or Bachelor of Laws shall undertake the following courses for which the syllabus is detailed hereunder:

5 SYLLABUS LL.B. Three Year Degree Course

1. LL.B. First Year

2. LL.B. Second Year

3. LL.B. Final Year

4. Internship Each registered student shall have to complete a minimum period of 12 weeks internship during the entire period of legal studies in Three Years under NGO, Trial and Appellate Advocates, Judiciary, Legal Regulatory authorities, Legislatures and Parliament, Other Legal Functionaries, Market Institutions, Law Firms, Companies, Local Self Government and other such bodies as the University shall stipulate, where law is practiced either in action or in dispute resolution or in management.

6 Syllabus LL.B. First Year

Qualifying Paper : LEGAL LANGUAGE INCLUDING GENERAL ENGLISH No te: A C an di date has to pass the qual ifyi ng Paper - LEGA L LANGUAGE INCL UDIN G GENE RAL ENGLISH i n thr ee att empts wi th main e xaminations of F irs t and Second Year of LL.B. However if Can dida te fa ils to qual ify this paper in three attempts he will not be promo ted to LL .B. Fina l Year . Compulsory Papers: 1.1 Contract - I (General Principles of Contract) (Section 1-75 & Specific Relief) 1.2 Environmental Law 1.3 Law of Tort Including M V Accident and Consumer Protection Laws 1.4 Family Law - I (Hindu Law)

1.5 Family Law - II (Mohammedan Law) 1.6 Constitutional Law of India 1.7 Interpretation of Statutes & Principles of Legislation

Optional Paper: 1.8 (a ) Legal and Constitutional History of India OR (b )Criminology & Penology Practical Paper: 1.9 Professional Ethics & Professional Accounting System Internship: Internship of 4 weeks is compulsory for every student .

7 LL.B. First YE AR Qua lifying Paper :

LEGAL LANGUAGE INC LU DIN G GENERAL ENGLISH

Max. Marks: 100 Min. Marks: 36 Note: The marks of this paper will not be added in computing the percentage of the LL.B. Exam. This paper is compulsory and has to be qualified only with at least 36 marks out of 100.

(A) VOCAB ULARY 1. Use of Legal Phrases and terms (list of legal terms given below) 2. Pair of Words. 3. One word substitution. 4. Latin Maxims (Listed Below). (B) COMPREHENSIVE SKILLS 1. Common Logical Fallacies (a) Valid rules of syllogism. (b) Syllogistic Fallacies. 2. Other type of material or verbal fallacies. Comprehension of legal tests: Reading Material s, The prescribed leading cases. (C) COMPOSITION SKILLS 1. U se of Cohesive devices (Leg al Drafting ). 2. Precise Writing. 3. Brief writing and drafting of reports; Letters and Applications . 4. Essay writing and topics of legal interest . 5. Varieties of sentence structure and verb patterns. 6. Translation (English to Hindi & Hin di to English) List of Legal Terms which are relevant for LL .B. Students. Abet Abstain Accomplice Act of God Actionable Accused Adjournment Adjudication Admission Affidavit Amendment Appeal Acquittal Article Assent Attested Attornment Averment Bail Bailment Citation Clause Coercion Code Congnizable Confession Compromise Consent Conspiracy Contempt Contingent Contraband Conviction Convention Corporate Custody Damages Decree Defamation Defence Estoppel Eviction Executive Ex-parte Finding Floating Charge Franchise Fraud Frustration Good Faith Guardian Habeas Corpus Hearsay Homicide Hypothecation Illegal Indemnity Inheritance Bench Bill 8 Bill of Rights Blockage Bonafide By Laws Capital Punishment Charge Chattles Justiciable Legislation Legitimacy Liability Liberty Licence Lieu Liquidation Maintenance Malafide Malfiesance Minor Misfeasance Mortgage Murder Negligence Negotiable Instruments Neutrality Non-feasence Notification Novation Nuisance Oath Obscence Offender Order Ordinance Over-rule De -facto De Jure Deposit Detention Discretion Distress Earnest Money Enact Enforceable Equality Partition Perjury Petition Plaintiff Pledge Preamble Pre-emption Prescription Presumption Privilege Privity Prize Process Promissory note Proof Proposal Prosecution Provision Ratify Receiver Redemption Reference Regulation Remand Remedy Rent Repeal Res-judicata Respondent Institute Insurance Intestate Issue Judgement Judicial Jurisdiction Justice Restitution Rule Ruling Schedule Section Settlement Sovereignity Specific Performance Stamp Duty Status Quo Statute Stay of Execution Succession Summons Surety Tenant Testator Testatrix Title Tort Trade mark Treason Treaty Trespass Trial Tribunal Trust Ultra vires Undue Influence Usage Valid Verdict Vested Violate Vis-major Void Voidable Wager Waiver Warrant Warrantly Will Writ Wrong

9 LIST OF LATIN MAXIMS 1. Ab initio (from the veris beginning) 2. Action personails moritur cum persona (Personal light by action d ies with the person ) 3. Actis Curace Neminem gravabit (an act of the court shall prejudice no one) 4. Actus non facit reum, nisi mens sit rea (the act itself does not constitute guilt unless done with a guilty intent) 5. Actus reus (wrong dul set) 6. ad interim (in the mean time) 7. ad Iitam (for the suit) 8. ad valoram (according to the value) 9. Alibi (pleas of being elsewhere) 10. amicus curie (friend of the court) 11. lanimus (intention) 12. audi alteram (here the other side) 13. Caveat emptor (bu yer b eware) 14. Consensus all idem (agreement by two persons upon t he same thing m the same sense) 15. Dam num sine injur ia (damage without injury) 16. de facto ( in fact) 17. de jure ( in law) 18. de m inimis non-curallax (the law takes no account of trifling matters). 19. de cree nisi (a decree which takes effect after a specified period) 20. delegates non -protest delegate (a delegated power cannot be further delegated) . 21. doll in capax (in capable in malice) 22. denatio mortis causa (gift by a person on the death bad) 23. ejusdem generic (oth the same category) 24. eminent domain (the supreme rights) 25. ex-officio (by virture of an office) 26. ex-parte (not in the presence of the opposite party) 27. ex-post facto (by subsequent act) 28 . factum valet (the fact which cannot be altered) 29. fait accompli ( an accomplished fact) 30. ignorentia legis neminem excusat (ignorance of law is no excuse) 31. in parti material (in an analogous case, cause of position) 32. interest re publicate ut sit finis litium (it is in the interest of the republ ic that then should be an end of law suit) 33. injuria sine damnum (injury without damage) 34. intravires (within the powers) 35. jus turt i (the right of a third party) 36. lis pendens (pending suit) 37. mens reaa (a guilty mind) 38. mesne profits (the profit received by a person on wrongful possession) 39. nemo dat quod non habet (no man can transfer better title than he himself has) 40. ne mo d egat bis vexari p ;ro una et eadim cavsa (no man be twice vexed for the same cause) 41. memo in propr ia cause judres esse debet (no one ought to be judge in his own cause) 42. nile prosequi (to be unwilling to prosecute) 43. obiter dicta (an opinion of law not necessary to the decision) 44. onus probandi (the burden of proof) 45. pacta sunt ser vanda (pacts must be respected)

10 46. pendents lite (during litigation) 47. per capita (counting heads) 48. per incuriam (through inadvertence or carelessness) 49. per stripes (by stocks) 50. planum dominium (full stocks) 51. pro bone punlico (for the public good) 52. ratio decidendi (grounds for decision , principles of the case) 53. res gestae (connected facts forming the part of the same transact ion) 54. res ispa loquitur (the thing speaks for itself) 55. res judicata (a matter already adjudicated upon) 56. res nullious (an ownerless thing) 57. rule nisi (a rule or order upon condition that is to become absolute when caus e is shown to the contrar y) 58. status quo (e xisting position) 59. sub jud ice ( in course of adjudication) 60. sui juri s (of ones own right) 61. suo mo to (of ones own accord) 62. ub i jus ibi r emedium (where there is a right , there is a rem edy) 63. ultra vires (beyond the powers) 64. Volenti non fit injuria (risk taken voluntarily is not actionalbel)

SUGGESTED READING : 1. Glanvile William : Learning of Law 2. Wren and Martin : English Grammer 3. Ganga Sahai Sharma : Fundamentals of leal writing 4. Hindi-English Legal : Vidhi Shaitya Prakashan, Glossory Govt. of India, New Delhi (India) 5. David Green : Contemporary English Grammer-Structure and Composition 6. Inshtique Abidi : Law and Language 7. Venkataramia : Law Lexicon & Legal Maxims 8. Richard v. Wydict : Plain English for Lawyers

11 COMPULSORY PAPERS

Paper 1 .1

CONT RA CT – I

GENERAL P RINCIPLES OF CONT RA CT ( Section 1 -75 & Specific Relief Act)

Max. Marks: 100 Min. Marks: 36

1. (a) Meaning, Elements and Characteristics of contract. (b) Basis of Contract (c) Classification of Contract, Including the standard form of contracts. 2. (a) Proposal : Meaning, Elements and Characteristics of Proposal, Distinction between Proposal and Invitation of Proposal . (b) Acceptance: Meaning, Mode and Characteristics of Acceptance.' (c) Communication, Revocation & Termination of Proposal & Acceptance. 3. Consideration: (a) Meaning, Definition and Elements of Consideration. (b) Unlawful consideration and object. (c) Concept of stranger to contract & exception of privity rule. (e) Exception to consideration. 4. Capacity to Contract: (a) Who cannot make a Contract, Who is minor and the place of minor under the law of Contract . (b) Person of unsound mind, nature of contract by person of Unsound Mind. (c) Person deprived of the capacity of contract . 5. Free Consent: (a) Meaning of Consent and the free Consent . (b) Factors rendering Consent n ot free and their effect upon the validity of Contract. Void Agreements: (a) Agreements in restraint of marnage : Freedom of trade and right to initiate legal proceedings. (b) Agreements involving uncertainty, wager and impossibility. Contingent Contract. 6. Certain relations resembling to those created by Contract (Quasi -Contract). 7. Performance of Contract: (a) Who is liable to perform joint rights and joint liability and performance of reciprocal promises. (b) Time, Place and Manner of Performance. (c) Discharge from liability to perform the contract .

8. Breach of Contract : (a) Meaning and Kinds (b) Remedies for breach of contract- 12 (1) Damages - Measure of damages and remoteness of damages (2) Spec ifi c Performance of Contract and Injunctions under Specific Relief Act.

LEADING CASES : 1. Carlill v. Carbolic Smoke Ball Co. (1843) I.Q.B. 256. 2. Mohri Bibee v. Dharmodas Ghose, 30 : I.A. 116. 3. Satyabrate Ghosh v. Mugneeram, A.I.R. 1954, S.C. 44 4. Lalman Shukla v. Gauri Dutt (1913) 11, ALL L.J. 489 5. Bhagwan Das v. Giridhari Lal & Co., A.I.R. 1966

SUGGESTED READINGS : 1. D.F. Mulla : The Indian Contract Act (Student Edition) 2. T. R. Desai : The Indian Contract Act Sale of Goods Act & Partnership Act. 3. Pollock & Mulla : Indian Contract Act the Sale of Goods Act & Partnership Act. 4. Atiyah P.S. : An Introduction to the law of Contract. 5. Pollock : Principles of the Law of the Contract. 6. Pollock & Mulla : Indian Contract Act and Relief Act. 7. V.G. Ramchandra : The Law of Contract in India. 8. P.R. Desai : Principles of Law of Contracts. 9. Avtar Singh : Law of Contract 10. Avtar Singh : lafonk fof/k 11. I.C. Saxena : lafonk fof/k 12. Kapoor S.K. : lafonk fof/k 13. R.L. Bhatt : lafonk fof/k 14. Dr. Y.S. Sharma : lafonk fof/k

13 Paper 1.2

ENVIRO NMENTAL LAW Max. Marks: 100 Min. Marks: 36 Note : a. In order to ensure that students do not leave out important portions of the syllabus, examine rs shall be free to repeat the questions set in the previous examination . b. Lead ing cases prescribed under this paper may be read whenever they are relevant.

1. The Envir on ment (Protection ) Act, 1986 - Objects and reasons of the act, Definition - General Powers of the Central Government to issue directions , Prevention, control and Abatement of Environmental pollution ; Penalties and Procedure . Standards for emission or discharges of envir onmental pollutants . 2. The Air (Prevention & Control of Pollution) Act, 1981 App lication of the Act, Definitions - Constituti on, Powers and F un cti ons of Central and State Boards for Prevention and Contr ol of Air Po llution. Po wers of the State Government ; Penalties and Procedures; Rules and Pr ocedures. 3. Th e Wat er (Prevent ion and Control of Pollution) Act, 1974 - Application of the Act, Definitions - Constitution, Powers and Functions of Central and State Boards , Joint Boards for Prevention and Contr ol of Water Pollution; Power of State Governments; Penalties and Procedures, 4. Law relation to prevention and control of air, water and noise pollution in Rajasthan , excluding rules, a ,b,c as under: (a) The Rajasthan Water (Prevention & Control of Pollution) Rules, 1975 (b) The Rajasthan Water (Preventi on & Contr ol of Pollution ) A ppeal Rules , 1977 (c) The Rajasthan Air (Prevention & Control of Pol lution) Ru les, 1 983. (d) The Rajasthan Noise Control Act. 1963 - Judicial activism to protect environmental pollution. LEAD ING CASES : 1. Bhopal Gas Disaster Case. 2. Rural Litigation & Entitlement Kendra Dehr ad un v. State of U.P., AIR 1985, SC 652 . 3. Mehta, M.C. v. Union of India, AIR 1986, SC . 4. Mehta, M .C., v. Union of India, AIR 1988, SC. 5. Indian Council for Envir o-Legal Action v. Union of In dia, AIR 1966 SC . 1446 (fcNMh dsl) 6. M.C. Mehta v. Union of India, AIR 1988 S.C. 1037 SUGG ESTE D READ INGS: 1. The Water (Prevention & Control of Pollution) Act . 1974 as amended up - to- date 2. The Air (Prevention & Control of Pollution) Act, 1981 as amended up-to-date 3. The Environment (Protection) Act, 1986. 4. The Rajasthan Noise Control Act, 1963 5. Goyal, Sunil ; Porwal, Sunil and Maheshwari. K .G. - Manual of Pollution control Laws in India, 1988. 6. Lal's Comments on Water and Ai r Pollution Laws, 1986 7. Jain , Suresh & Jain, Vimla - Environmental Law in India. 8. Gurbax Singh Karkara - Environment & Pollution Laws.

14 Paper 1.3

LAW OF TORT INCLUDING M V ACCIDENT AND CONSUMER PROTECTION LAW

Max. Marks: 100 Min. Marks: 36

1. Def initi on, Nature, Scope, Objects and Elements of Tort , Max ims, Extinction or disch arge of tort ious Liability, joint Tort-feasors. 2. Gene ral defences of Tortious Liability. 3. Vic ari ous L iability, Doctrine of Common Employment, State Liability, Absolute or strict Liability. 4. Reme die s, Kinds and Measures of damages. Remoteness of damages . 5. To rt s to person . Assaul t, Battery, False Imprisonment & Torts relation to property , negli gence, nuisance , nervous shock, Interference with contract or business, in ti midation, conspiracy, deceit or fraud, malicious prosecution, defamation . 6. The Protection Act, 1986. as amended by The consumer Protection (Ame ndment) Act, 2002 7. Motor Veh icles Act, 1988 M.V. Accident Protection Law • Liabil ity without fault in certain cases (Chapter 10) • Insurance of Motor Vehicles against third party risk (Chapter 11) • Claim Tribunals (Chapter 12)

LEADING CASES : 1. State of Rajasthan v. Ms. Vidhyawati, A .I.R., 1962, S.C. 983 2. Wa gon Mound's Case (1961) , W.L.R. 121 . 3. Ryl ands v. F le tcher , 1 868, L.R . 3, H .L. 330 4. Do noghue v. Stev enson (1932) , A.C. 562 5. Nation al I nsu ance v. Swaran Singh & Ors. ACTC 2004, Page 7 .

BOOKS FOR STUDY : 1. Ratan Lal : The English and Indian Law of Torts. 2. B.S. Sinha : Law of Torts 3. Winfield : Law of Torts 4. Ramaswami lyer : Law of Torts 5. Salmond : Law of Torts 6. Street : Law of Torts 7. G.S. Karkara : Contributory Negligence 8. Gurbax Singh : Law of Consumer Protection 9. P. Leelakrishnan : Consumer Protection and Legal Control 10. Avtar Singh : Law of Consumer Protection 11. ik.Ms] t;ukjk;.k : vid`R; fof/k 12. okWfx;k] vkj- ds- : vid`R; fof/k 13. 'kqDyk] ,e- ,u- : vid`R; fof/k 14. vxzoky : vid`R; fof/k ds fl)kUr

15 Paper 1.4

FAMILY LAW – I (HINDU LAW)

1. Hin du Law: Sourc es, Who are Hindu and to whom Hindu Law appl y, Schools and appl ication , Coparc enary , Joint Family Property and Self Acquired Property; Karta and his powers and obligation , Religious and Ch aritable End owments - Essentials of an endowments kinds , shebait and mahant. 2. The Hindu Ma rr iage Act, 1955 : as amende d 3. The Hindu Succession Act, 1956 : as amen ded 4. The H indu Adopt ion and Maintenance Act, 1956 : as amended 5. The Hindu Mino rity and Guardianship Act, 1956 : as amended 6. Partition Under Hind u Law : Meaning, Pro perty for partition, Persons entitled to sue for partition and allotment of share s, partiti on ho w effect ed, determinat ion of shares , Re -opening of partition . Reunion ; Debts -Do ctrin e o f pi ous obligation Antecedent debts .

LEAD ING CASE : 1. Githa Hariharan v. Reserve Bank of In dia AIR 1999 S .C. 1149 2. Guru Nath v . Kamla Bai, A .I.R. 1955 , S.C. 280. 3. Gopal Rao v . Sitharamamma , A.I.R. 19 64, S.C. 1970 4. Angurbala Mullick v. Deabrata Mullick , 195 1, S .C.R . 1125 5. Sawan Ram v. Kalawati, A.I.R. 19 67 , S.C. 1761

BOOKS FOR STUDY : 1. Shriniwas, M.M. : Principles of Hindu Law 2. Raghavacharya : Hindu Law – Principles & Precedents. 3. Mulla : Principles of Hindu Law 4. Derrett. J.D.M. : Modern Hindu Law 5. P. Dewan : Modern Hindu Law 6. Tahir Mohmood : Hindu Law 7. dsljh] ;w-Mh- ih- : fgUnq fof/k 8. ikjl nhoku : vk/kqfud fgUnq fof/k 9. UPD Kesari : Hindu Law

16 Paper 1.5

FAMILY LAW – II (MOHAMMEDAN LAW)

Max. Marks: 100 Min. Marks: 36

1. Mohammedan Law : Origin , Development , Sources , Schools, Application , Interpretation and Conversion . 2. Marriage: Nature of marriage, Essential of marriage , Khyar-ul-bulugh , Idda t, Khilwat -ul-sahiha , Matrimonial stipulations, Kinds of marriage and effects o f marriage. Mahr : Meaning, Nature , Kinds , Objects and Subject matter , Wife 's rights on non- payment of dower . Dissolution of marriage : Talaq, ila, Zihar, Talaq-e-tafweez , Mubarat , Khula , Lien , Faskh , Section 2 of the dissolution of Muslim Marriage Act, 1939 , Legal effects of divorce . Guardianship : Appointment of guardian, Kinds of guardianship 3. Pre-emption: Meaning, Nature and Classification of Haq Shufa (Pre-empt ion ), Rights of pre-emption , conflict of laws , subject matter and formalities of pre- emption , legal effects of pre-emption, Devices for evading pre-emption . Gift: Meaning and requisities of gift (Hiba); Gift of Musha , Conditional and future gifts , Life estate, Life interest , Hiba-bil-ewaz, Hiba -bil-Shartul-ewaz, 4. Will (Vasiyat) : Competence of testator and legatee valid subjects of will : Testamentary limitations, Formalities of a will and abatement of legatee . Legitimacy and acknowledgement : Legitimacy and legitimat ion Presumption of legitimacy under Muslim Law and Section 112 of the Indian Evidence Act , conditions of a valid acknowledgement . Maintenance : Person entitled to maintenance , Principles o f ma intenance , The Musl im Wome n (Protection of Rights on Divorce) Act , 1986 . Death Bed Transactions: Meaning and effect of Marj-ul-maut 5. Waqf : Meaning , essentials and kinds, Beneficiaries of Waqf. The Waqf Validating Act , 1913 and 1939 . Formalities for creation of Waqf. Waqf of musha, Muslim religious institut ions and officers Administration of waqfs, Mutawally Inheritance : General principles of law of inheritance, doctrine of Aul and Rudd under Hanafi and Shia Law.

LEADING CASES :

1. Maina Bibi v. Chaudhary Vakil Ahmed, 2 , LA . 145 2. Immambandi v. Mustsaddi (1918) , 45, LA . 71 3. Amjad Kha v. Ashraf Khan, 56, LA. 218 4. Shah Bano Begum v. Mohammad Ahmed Khan 5. Jafree Begum v. Amin Mohammed Khan, 7 , All 822 .

BOOKS FOR STUDY:

1. Mulla : Principles of Mohammedan Law 2. Fay zee . A .A.A. : Mohammedan Law 3. Aki l A hme d : Muslim Vidh i 4. Ver ma, B.R. : Islamic Law 5. Amir Ali : Mohammedan Law 6. 'kekZ] ds- ih- : eqfLye fof/k 7. gQhtqZjgeku : eqfLye fof/k 8. oekZ] ch- ,y- : eqfLye fof/k 9. vdhy vgen : eqfLye fof/k

18 Paper 1.6 CONSTITUTIONAL LAW OF INDIA

Max. Marks: 100 Min. Marks: 36 Note : a. In order to ensure that students do not leave out important portions of the syllabus, examiners shall be free to repeat the questions set in the previous examination . b. Leading cases prescribed under this paper may be read whenever they are relevant . 1. Introductory: Salient features of the constitution; Federalism: Preamble, Citizenship & State ; Fundamental rights, directives principles and fundamental duties . 2. Union and State Executive: President, Governor - Election , appointment, powers , position, council of ministers, Prime Minister, Parliamentary system of Government Union and State Legislative; Lok Sabha, Rajya Sabha, Vidhan Sabha & Vidhan Parishad - Composition; Speaker, Chairman, Privileges, Legislative procedure. 3. Union: State Judiciary - Supreme Court & High Court, Composition & Powers, Writs. Union - State Legislative Relationship - Distribution of Legislative Powers; Administrative & Financial Relationship. 4. Services under the union and the state constitutional protection of civil servants ; Public Service Commission of the Union & States. Article 300-A - Property Rights: Freedom of trade, Commerce and Inter-course; State Liability in contracts and torts , Suits by and against the State. 5. (a) Emergency provisions - National, State and Financial. (b) Amendment of the Constitution - Constitutionality of ordinary law and amendment laws, Judicial review of amendment and the doctrine of basic structure - Major amendments and their constitutional values .

LEADING CASES : 1. Menaka Gandhi v Union ofIndia, A .I.R. 1973, S .C. 597 2. In Re under Article 143 Constitutional Law of India, A .I.R. 1965, S.C . 745 3. Kh yerbari Tea Co. Ltd. v. State of Assam, A.I .R.1964, S.C. 521 4. Union ofIndia v. Tulsi Ram Patel, A .I.R., 1985, S.C. 1416 5. Minerva Mill v. Union of India, 1980, 2SCC page 591

BOOKS FOR STUDY : 1. Dayal : Constitutional Law of India 2. D.D. Basu : An Introduction to the Constitution of India 3. M.P. Jain : Constitutional Law of India 4. Shukla, V.N. : Constitution of India 5. Paras Diwan : Constitution of India 6. M.C. J. Kagzi : Constitution of India (Hindi English) Constitution of India as Amended Upto date. 7. B.K. Sharma : Introduction of Constitution of India 8. B.K. Sharma : Hkkjrh; lafo/kku & ,d ifjp; 9. xaxklgk; 'kekZ : Hkkjrh; lafo/kku 10. t;ukjk;.k ik.Ms : Hkkjr dh laoS/kkfud fof/k

19 Paper 1.7

INTERPRETATION OF STATUES & PRINCIPLES OF LEGISLATION

INTERPR ET ATION OF STATUES Meaning o f Interpretation - Basic principles of interpretation: Intention of the Legislature : Statute should be read as a wh ol e, Litera l or grammatical interpretation Harmonious Construction, Golden and Mischief Rul e - Ut res magis quam valeat quam pereat . Aid s to I nterpretation - (a) External - Parliamentary - Legislative debates, Statement of objects and reasons Dictionary, Statutes in Peri-materia, Contemporanea expositio (b) Internal- Title, Preamble, Headi ng , Marginal Notes, Proviso and Punctuation. Princ iple of Interpretation of Constituti on an d Pena l a nd Fis cal Statues. Delegatus non-prote st delegate, E jusdem Gene ries, Pith and Substance Rule. Expression uniusest exclusion alteri us . N on-obs tance clause, Mandatory and Directory pro vision Noscitur a Sociis, Redendo do Singul a S ing ul is O peration, Expiry and Repeal of Statutes . Pr inciples of Legislation

SEGGESTED READING : 1. G.P. Singh : Interpretation of Status 2. Swarup J. : Interpretation of Statutes 3. Bindra : Interpretation of Statutes 4. Sarathi : Interpretation of Statutes 5. Bhatacharya T. : Interpretation of Statutes (English & Hindi)

20 Paper 1.8

(A) Legal and Constitutional History of India

Max. Marks: 100 Min. Marks: 36 a. In or der t o en sure that s tuden ts do not lea ve out impor ta nt por tions of the syll abus , examiners shall be free to repeat the questions set in the pre vious exam ination . b. Lead ing cases prescribed under this paper may be read whenever the y are rele vant.

1. Importance of necessity of legal history : Charter of 1726 and establishment of Mayor’s Court ; Charter of 1753 ; The Regulating Act, 1773. The Supreme Court of Calcutta, Bombay and Madras Act of Settlement, 1781 : Nand Kumar Trial, Patna case Cosijurah case. 2. The beginning to the adalat system : The judicial plan of 1772 and 1774 introduced by warren hasting. Judicial reforms of Cornwallis and william bentick. 3. The high court : Dual judicature before 1861 : Indian high court act 1861 ; Privy Council ; Federal Court, and good consciences, Development of Criminal Law. Codification of Law, Law Commission, Legislative Council, First, Second and Third Law Commissions. The Lex Loci Report. 4. Goverenment of India Act, 1858 and 1892 Act of 1909 : Morley Minto reforms, Government of India Act, 1919 5. Simmon Commission, Round Table Conference : Federalism – Nature and Characteristics under Government of India Act, 1953 ; Provincial Autonomy, Cabinet Mission ; Crips Mission ; Indian Independence Act, 1947 ; Abolition of jurisdiction of Privy Council ; Constituent Assembly – Its formation, working, contributions. LEADING CASES : 1. Trial of Raja Kumar, 1775 2. Patna Case, 1777-79 3. Cossijurah Case, 1789-90 4. Kamaluddin Case, 1775 SUGGESTED BOOKS : 1. Jain, M.P. : Outlines of Indian Legal History (Hindi & English) 2. Keith A.B. : Constitutional History of India (Chapter VII, VIII, X, XI, XII) 3. Banerjee : The making of the Indian Constitution 4. Mahajan, V.D. : Constitutional History of India 5. Sinha, B.S. : Legla & Constitutional History of India 6. Kulshrestha. : Land marks in Indian legal and Constitutional 7. Bhansali, S.r. : Legal System of India

21 OR Paper 1.8 (B) CRIMINOLOGY AND PENOLOGY

Max. Marks: 100 Min. Marks: 36 Note: 1. In order to ensure that students do not leave out important portions of the syllabus, examiners sh all be free to repeat the questions set in the pre vious examination . 2. Leading cases prescribed under this paper may be read whenever they are relevant .

1. Criminology: Definition, Nature and Scope, Methods of studying, importance and classification of crime. Criminal Behaviour: (i) Explanations. (ii) Psychological Theories - Alcoholism and Drugs. Crime and Social Process : Economic Motivation, Socio-cultural motivations, home and community influences, White collar crime, Female offender, Juvenile Delinquency, Influence of mass-media. 2. Schools of Criminological Thoughts (Factors in Causation of Criminal Behaviour) (1) Ancient School (a) Demonological (b) School of Free will (2) Classical School (3) Cartographic or Ecological School (4) Socialistic School (5) Typological School (a) Italian or Positive School (b) Mental Testors School (c) Psychiativists School (7) Multi - Factor School Control of Crime : Police and Law Courts : Prison System Re-socializations of the offender , Rehabilitation of discharged prisoners in the administration of Criminal Justice, Prevention of crime delinquency.

3. Definition of Punishment, Relationship between Criminology and Penology; Theories of Punishment; Expiatory, Preventive and Reformative and purposes of punishment . Penal Science in India: History of Punishment, Pre-c1assical School - Classical School, Neo-c1assical positive school, The reformers, Clinical school and multiple Causation approach. 4. Kinds of Punishment : Modes of treatment of offenders, Corporeal punishment, Transportation of Criminals, Capital punishment, Imprisonment, Reactional treatment, Probation, Parole, Compensation, Admonition, Treatment of habitual juvenile, sex and adolescent offenders, indeveminita sentences, Borstal school, Criminal Procedural Jurisprudence. 5. Constitutional Guarantees - Principle of Natural Justice as applicable to procedural law, Protection to arrested persons, Under-trials, detenue and convicted persons. Double jeopardy and self-incrimination, rights to life and legal aid. 6. Cyber Crime

22 LEADING CASES : 1. Gura Singh v. State of Rajasthan, 1984, Cr. W 1423 (1428) 2. Bandhua Mukti Morch v. Union of India, AIR (1984) SC 802 3. ranc is Cor ali e Mullin v. Union Territory Delhi , AIR , (1981) SC 746 4. R.K. Garg v. Union of India (1981) 133 ITR 239 5. Mithu Singh v. State of Punjab, Air 1983, SC 473

SUGGESTED READINGS: 1. Barnes, H .B. & Teeters : New Horizons in Criminology 2. Vold, G .S. : Theoretical Criminology 3. Pillai , K.S. : Criminology 4. R. Taft . Donald : Criminology 5. Edwin H . Sutherland : Principles of Criminology 6. Horman, Mannheim : Pioneers in Criminology 7. Hon , Barren, Mays : Crime and the Social Structure 8. Ahmed Siddiqui : Criminology - Problems & Perspectives 9. Lord Pakehnam : Causes of Crimes 10. S. Venugopalan Rao : Facts of Crime in India 11. Korm R .R. : Criminology and Penology 12. Grunhu : Penal Reforms 13. Mandholm : Criminal Justice and Reconstruction 14. Gorden Rose : The struggle for penal Reform 15. I.L.I. : Essays on Indian Penal Code 16. Ben : Penology - Old and New - Tagore Law Lectures 17. Elliott : Confliction Penal Theories in Statutory Criminal Law 18. Shamsul Huda : Tagore Law Lectures on Cr iminal Law 19. Lawburse : Crime, Its Cause and Remedies 20. Dequires : Modern Theories of Criminology 21. Gillin : Criminology and Penology 22. Beccaria : Crime and Punishment 23. N.V. Paranjape : vijk/k'kkL= ,oa n.M iz'kklu 24. M.S . Chauhan : vijk/k'kkL= ,oa vkijkf/kd foKku fl)kar

23 Paper 1.9 Practical Paper PROFESSIONAL ETHICS & PROFESSIONAL ACCOUNTING SYSTEM

Max. Marks: 100 Min. Marks: 36 This paper shall consist of following two parts :

Part A. Practical Written Paper - 80 marks

Part B. Viva-voce Examination - 20 marks

The candi date must pass in both parts (a) and (b) separately. For Pass, he will be required to obtain 36% marks in each part, i .e. 29 marks out of 80 and 7 marks ou t o f 20 ma rk s.

PART – A Practical Written Paper 80 marks (a) T he Advocate , 1961 (b) Bar Council Rules (c) The Contempt of Court Act, 1971

Legal Aid : Legal Aid under the –

(a) Constitution (b) Cr. P.C. (c) C.P.C

Objects, Role of Committee for implementation of Legal Aid Schemes (CILAS)- Legal Aid & Law School Legal Aid & Voluntary Organization Legal Aid & Legal Profession

The Legal Services Authorities Act, 1987. Functions of National Legal Services Authority, State Legal Services Authority and District Legal Services Authority and District Legal Services Authority (e) 50 Selected opinions of the Disciplinary Committees of Bar Council of India and 10 major judgements of the Supreme Court on the subject.

Part – B 20 Marks VIVA – VOCE Students are required to write two opinions of the Disciplinary Committee Council of India and Two major Judgements of the Supreme Court of India on the Subject. Further they have to attend legal aid camp and have to report the same in their diary. The Viva-voce examination shall be conducted by a committee of three persons. In the Committee, there shall be two Internal Examiners and one External Examiner . The Committee shall award marks on the basis of written submission by the students and performance in the Viva-Voce examination.

24 LEADING CASES : 1. Parmanand Sharma v. Bar Council of Rajasthan, AIR 1999 Raj. 171 2. H.V. Panchaksharappa v. K.G. Eshwar, 2000 DNJ (SC) 350 3. Dhook Singh v. State of Raj., 1999 WLC (Raj.) UC 727 [ (WLC equal Western Law Cases (unreported cases)] 4. D.P. Chadha v. Triyugi Narain Mishra, AIR 2001, SC 457 5. Ranveer Singh v. State of Rajasthan, 2001 (4) WLN 429 6. Bandhua Mukti Morcha v. Union of India (1984 3 SCC 161 7. Olga Tellis v. Bombay Municipal Corporation (1985) 3 SCC 545 8. Sukhdas v. Union Territory of Arunachal Pradesh, AIR 1986 SC 928 9. Sheel Barse v. State of Maharashtra, AIR 1988 SC 378

SUGGESTED READINGS : 1. Anirudh Prasad : Professional Ethics 2. Kailash Rai : Legal Ethics 3. R.L. Rathi : o`frd vkpkj lafgrk 4. P.N. Bhagwati : Legal Aid as a Human Right 5. Sujan Singh : Legal Aid – Human Right of Equality 6. S.S. Sharma : Legal Assistance to Poor 7. P.N. Bajpayee : Legal Aid & the Bar Council

25 LLB . Second Year

Compulsory Papers : 2.1 Jurisprudence 2.2 Law of Crimes 2.3 The Law Relating to Transfer of Property and Easement 2.4 Law of Contract – II (Indian Contract Act, Indian Partnership Act, Sale of Goods Act and Specific Contracts) 2.5 International Law and Human Rights) 2.6 Labour and Industrial Laws 2.7 Law of Taxation

Optional Paper : 2.8 (a) Insurance Laws OR (b) Banking Law and Negotiable Instruments Act

Practical Paper : 2.9 Alternate Dispute Resolution Internship : Internship of 4 weeks is compulsory for every student

26 COMPULSORY PAPERS Paper 2.1 JURISPRUDENCE Max. Marks: 100 Min. Marks: 36 Note : a. In order to ensure that students do not leave out important port ions of the syllabus , examiners shall be free to repeat the questions set in the previous examination . b. Leading cases prescribed under this paper may be read whenever they are relevant .

CONTENTS Jurisprudence - Def inition, Nature and Scope . (i) Importance of Jurisprudence , (ii) School of Jurisprudence : Analytical , Historical anc Sociological including American Realism and Natural Law School and Kelson 's pure theory of Law. Nature of Law : Definition - Austin, Salmond, Holland , Gray , Hart , Law & Morality: Sources of Law : Meaning, Kinds (A) Custom: Definitions , Kinds Essentials of legal custom; Importance of custom ; . (B) Judicial Precedents : Definition, Kinds, ratio decidendi obiter dicta; Declaratory theory of precedent; judge - made law theory , (C) Legislation: Definition , Kinds, comparison between legislation and other sources of law . Concept of Law : (1) Person : Nature of personality : kinds , corporate personality and it kinds, theories of corporate personality; legal persons and punishment . (2) Rights and Duties: Nature of Rights and Duties; corelation of Rights and Duties ; Kinds of Rights and duties . (3) Property; Definition and Kinds . (4) Ownership and Possession: (A) Meaning of Ownership : Kinds , Definition of Ownersh ip by Austin and Salmond , (B) Relation between Ownership and Possession . Importance of Possession : Elements of corporeal possession and problems : Theories of possession ; Salmond and Savigny . (5) Negligence ; (6) Criminal liability.

SUGGESTED READINGS : 1. Salmond : Jurisprudence 2. Dias & Huges : Jurisprudence 3. Dhyani’s S.N. : Fundamentals of Jurisprudence 4. Mahajan, V.D. : Jurisprudence and Legal theory 5. ijkatis] ,u- oh- : fof/k 'kkL= 6. vfu:) izlkn : fof/k 'kkL= ds ewy fl)kar 7. Agarwal & Raizada : Some Thoughts on Modern Jurisprudence. 8. R.D. Yadav : Glimpses of Jurisprudence

27 Paper 2.2 LAW OF CRIMES Max. Marks: 100 Min. Marks: 36

1. Gene ral Principles of Crimina l Law . 2. The Ind ian Penal Code , 1860 : Territor ial Jur isd iction, Stages of Cr ime : Do ctrine of Mens e ra; Inchoate crimes - Preparation, attempt, General Explanation ; Pub li c Servant, Movable Property -Wrongful gain and wrongful loss ; Disho ne sty Fraudulently , Reason to believe, Counterfeit ; Valuable Security, 'Act' and 'Omission ', Voluntarily, Inju ry, Good faith, Illegal Injury, O ffe nce, Do cument Harbour , Judge . 3. Punishments - 4. General Exceptions : (A) Mistake of Facts and Mistake o f Law , Jud icial Ac t Accident , Act done without criminal intention and to prevent other harm ; Act of person of unsound mind , Act of intoxicated pe rson . (B) Acts done with consent, Act done in good faith w ithout cons ent Communication made in good faith, Acts don e under compulsio n, Act causing slight ha rm; Right of Private defence . 5. Joint Li ab ili ty : Common intention , Commo n object , Abetme nt, Criminal Conspiracy, Constructive Liability . 6. Of fe nce s Affec ti ng Publi c Peace & Sta te Authori ties : Unlawful as semb ly Rioting, Affray . Public Servants, Taking gratification other than legal remunera ti on in r espect of official act, False evidence , giving false ev idence , Fab ri ca tin g false evi denc e, Sedition, Public nuisance. 7. Offe nce s Affecting the Human Body : Culpable homicide , Mu rde r, Cri minal neg ligence and rashness , Attempt to commi t murder and suicide m isca rri age hurt, Gr ievous hurt , Voluntar y restraint and w rongful co nfinemen t For ce and cri minal force, Assault, Kidnapping and abdu ction .

28 8. Offences Against Property : Theft, Extortion , Robber y, Dacoity , Criminal misappropr iati on of pr ope rty , Criminal breac h o f tru st, receiving sto len pr op ert y cheating , mischief, cr iminal trespa ss. house brea king . 9. Offen ce relating to Documen t: Fo rge ry, mak ing a false do cum ent . 10 . Offe nces re lating to Sex a nd Marriage : Rape, Sexua l offe nce s, Unna tur al off enc e, Adultery, Bigam y. 11 . Offences affec ting Personal Peace and Reputat ion Defamat ion , Cri minal In timidati on, Criminal Insult .

LEADING CASES : 1. R.V. Mc . Naughton (1843), 10 Cal , & F. 20 0, 4s t, Tr . (N .S.) 84 7. 2. Reg . v. Govinda , 1876 , I Born . 42 . 3. Ke da r N ath v . State of Bihar , AIR 1962 , SC 955 . 4. Tapti Prasad v.K.E., 1917 , 15 A .L.J. 5 90 . 5. K.M. Nanavati v . State of Maharashtr a, AIR 1 962 SC 6 05

SUGGESTED READINGS : 1. Nigam, R.C. : n.M fof/k 2. Ratan lal Dhiraj Lal : The Indian Penal Code (St. Ed.) 3. Nigam, R.C. : Principles of Criminal Law (English & Hindi)\ 4. Shamshual Huda : Principles of Criminal Law 5. Hari Singh Gaur : Penal law of India. 6. T. Bhattacharya : Indian Penal Code (English & Hindi) 7. Amar Singh Yadav : Indian Penal Code (Hindi) 8. Raja Ram Yadav : Indian Penal Code (Hindi)

29 Paper 2.3 THE LAW RELATING TO TRANSFER OF PROPERTY AND EASEMENT Max. Marks: 100 Min. Marks: 36

LEADING CASES : 1. Raj Cooar Koondoo & Other s v. Jo hn & Maria Mequeen (1873) 11 Beng. L .R. 46 (P .C.) 2. Manak Lal v . H.J. Ginwala & So ns, AIR 1953 , SC 3. Phool Kure v . Prem Kure, AI R 1952, SC 307 . 4. Chunchun Jha v . Sheikh Ebadat Ali & Others , AIR se 345 . 5. Radha Krishan v . Rine J . Prasad S. Prasad, AIR 1966, Raj 219 .

SUGGESTED READINGS : 1. The Transfer of Property Act (Act IV of 1882) as amended upto-date. 2. Mulla : Transfer of Property Act, 1882 3. Joshi : The Indian Easements Act (Act V of 1882). 4. Manon, A.K. : The Law of Property. 5. Sarthi, V.P. : Law of Transfer of Property. 6. Shukla, S.N. : Transfer of Property Act. 7. Saxena, I.C. : Transfer of Property Act. 8. Bhansali & Sharma : Transfer of Property Act. (Hindi) 9. Kulshrestha, J.N. : Transfer of Property Act. (Hindi) 10. Tripathi, J.P. : Transfer of Property Act. (Hindi)

31 Paper 2.4 LAW OF CONTRACT – II (Indian Contract Act, Indian Partnership Act, Sale of Goods Act and Specific Contracts) Max. Marks: 100 Min. Marks: 36

Note : 1. In order to ensure that students do not leave out important port ions of the syllabus , examiners shall be free to repeat the questions set in the previous examination . 2. Leading cases prescribed under this paper may be read whenever they are relevant .

Cont ract of Indemnity and Guarantee: (a) Meaning, Distinction between indemnity and guarantee and k inds aguarantee . (b) Rights of Indemnity holder . (c) Rights of the surety, Extent of the Liability of the surety . (d) Discharge of liability of the surety . 2. Contracts of Bailment and Pledge : (a) Meaning & Kinds of Contract of Bailment – Bailment without consideration. (b) Rights and Duties of Bailee and Bialer. (c) Termination of Contract of Bailment. (d) Position of the finder of the goods under law. (e) Contract of Pledge – Meaning and definition, Pledge by Unauthorised Persons. 3. Contract of Agency : (a) Definition, Kinds and Modes of creation of Agency. (b) Relation between – (i) The Principal and the Agent (ii) The Principal and Third Party (iii) The Agent and the Third Party (c) Determination of Agent’s authority - (i) By act of Parties ; and (ii) By operation of Law – Irrevocable Authority. 4. Contract of Sale of Goods : (a) Sale – Meaning, Definition and Elements. (b) Agreement of Sell, Hire- Purchase, Agreement and a Contract and a Contract for work and labour- meaning and distinction from sales. (c) Goods – Existing, Future and Contingent. (d) Condition and Warranties. (e) Passing of Property and Risk from seller to buyer. (f) Sale by Unauthorised person. (g) Law relating to performance of sale. (h) Rights of unpaid seller. 5. Contract of Partnership : (a) Meaning, Definition, Formation & the Characteristics of Contract.

32 (b) Distinction between – (i) Co-ownership & Partnership (ii) Joint Hindu Family Firm and Partnership (iii) Company and Partnership (c) Position of Minor (d) Relation interse of Partners and relation of partners with third parties. (e) Registration of Partnership Firm. (f) Dissolution of Partnership & of firm.

LEADING CASES : 1. Amrit Lal Goverdhan Lallan v. State Bank of Travancore, A.I.R. 1960, S.C. 1432. 2. Patnaik & Col. v. State of Orrisa, A.I.R. 1965, S.C. 1955. 3. State of Gujarat v. Mamon Mohd. A.I.R. 1967, S.C. 1885 4. Gheru Lal Pareekh v. Mahadeo Das Munja, A.I.R. 1959. 1959, S.C. 781 5. Cox v. Hickman, 1860, HLC

BOOK FOR STUDY : 1. Atiyah, P.S. : An Introduction to the Law of Contract. 2. Pollock & Mullah : Indian Contract and Specific Relief Act. 3. V.G. Ramchandra : The Law of Contract in India, Law of Agency. 4. Desai, S.T. : The Law of Partnership in India and Pakistan 5. Agarwal ,D.P. : The Indian Partnership Act, 1932. The Sale of Goods Act, 1930 6. Kapoor, N.D. : Merchantile Law 7. Avtar Singh : Law of Partnership; Principle of the Law of Sale of Goods. 8. Avtar Singh : lafonk fof/k 9. I.C. Saxena, : lafonk fof/k R.L. Novalakha 10. Kapoor, S.K. : lafonk fof/k 11. R.L. Bhatt : okf.kT; fof/k 12. Kailash Rai : lafonk fof/k 13. Dr. Y.S. Sharma : lafonk fof/k 14. ;equk 'kadj “kekZ : Hkkxhnkjh fof/k

33 Paper 2.5 PUBLIC INTERNATIONAL LAW AND HUMAN RIGHTS Max. Marks: 100 Min. Marks: 36

1. Definition, Nature and Basis of International Law. Weakness of International Law Codification and Developme nt of International Law . Relation between Internat ional Law and Municipal Law, Subjects of International Law, Nationalit y, Extradition and Asylum . 2. Recognition of States and Governments, Recognition of Insurgency and Belligerenc y de -facto and dejure recognition, State succession ; State jurisdiction ; Territorial jurisdiction, Criminal jurisdiction in International Law, Intervention. 3. Diplomatic agents, Counsels, Classification and Function of Diplomatic agents privileges and Immunities with reference to Vienna Convention on Diplomatic Relation, 1961 Treaties , Definition Basis, Classification and Formation of treaties, Interpretation and Revision of treaties, Principles of jus cogens and pecta sunt ser venda , termination of treaties , Vienna Convention on he law of treties , Pacific and Compulsive means of settlement of International Disputes . 4. War, its legal character and effects, Enemy character, Armed conflicts and other hostile relations Belligerent occupation, War crimes, Termination of war and doctrine of post liminium and Prize courts . 5. The Law of Neutrality: Basis of Neutrality, Rights and duties of neutral states , quas i-neutrality, neutrality and U.N . Character, Right of Angary , Contraband , Blockade, Unneutral service, Right of visit and search. 6. International Institut io n : United Nations, History and information of United Nations, Organs of United Nations with specific reference to general Assembly Security Council and International Court of Justice. 7. Human Rights : Meaning, Universal Declaration of Human Rights , 1948 International Covenants on Civil and Political Rights, 1966 , International conventio ns on Economic, Social and Cultural Rights, 1966. Regional 34 Conventions on Human Rights, Right of Women and Child, Protection of Human Rights Act, 1993. LEADING CASES :

1. The S.S. Lotus P. (1) 1927 Series, ANOP 2. The Carfu Channel Case (Merits) ICJ Rep. 1949, p.4 3. Haya De La Torre Case of Asylum Case ICJ Rep. (1905) p.266 4. West Rand Central Gold Miningg Co. v. The King (1905) p. K.B. 391 5. The Zamora Case, 1916, 2 A.C. 77.