Semester Five All Subject and Syllabus (5 years B. A. LL.B. Third year under CBCS Pattern w.e.f. 2018-19)

 

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All Subject of Semester V

5.1 Local Self Government - 5

5.2 Jurisprudence

5.3 Family Law 1 (Family Relations)

5.4 Law of Contract 1

5.5 Banking Law Including Negotiable Instruments Act

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5021 LOCAL SELF GOVERNMENT  - V syllabus

Paper - I

Unit-1: Nature and scope of Local self government in India

a. Meaning, Nature and scope of local - self government.

b. Significance of local self government.

c. Theory of decentralized local self government.

Unit-2: Historical background of Local self government in India

a. Rural and urban administration in ancient India.

b. Rural and urban administration in medieval period.

c. Local self government in the British rule.

Unit- 3: Evolution of Local self government in the post independence

a. Community Development programme and National Extensive Service

b. Balwantrai Mehta Committee (1957) and Ashok Mehta Committee Report and

their recommendations

c. Various committees on panchayati Raj system and their recommendations.

d. The relationship between panchyati Raj and state government.

Unit -4: Urban Local self Government and its administration.

a. Classification of Municipalities

b. Powers and functions of urban governments.

c. State government supervision and guidance to local self government

d. Standing committees-powers and functions. 

Unit-5: Constitutional Amendments and Elections for Local self government

a. 73rd and 74th Constitutional Amendments Acts of 1993- salient features

b. Election for local self governments The Panchayats, the Municipalities; the scheduled and Trible areas, and the State Election Commission for the purpose.

c. Political parties and Local self government

Books recommended:

1. Shriram Maheswar: Local self government India

2. Iqbal Narain, Panachayati Raj Administration

3. L. P. Sharma, History of Medieval India, 1000-1740 AD

4. Nrij Kishore Sharma, Introduction of Constitution of India

5. Rural and Urban Ship Committee Report

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5022 JURISPRUDENCE

(Legal Method, Indian Legal System and Basic Theory of Law)

Paper - II

Unit-1 Need to study jurisprudence - its relationship with political and power structures and just society.

Unit-2: What is a norm, What is a normative system. Kelsen Pure theory.

Unit-3: Concept of law, its difference with laws of natural sciences, social sciences, statistics, history, Laws on obligation, H.L.A.HART's Concept of Law, Law as system of Rules.

Unit-4: Why are laws obligatory? Define and discuss the following legal concepts liability, obligations, sanction, coercion, compulsion, duty, estoppel, promise, dharma with case material.

Unit-5: Contractarian Theories - general-will theories and free-will theories and autonomous theories particularly positivist theories and autonomous theories particularly positivist theories connected (development of Austin onwards; Reference to Dworkin, Rawls and Marxian terms of the doctrine of withering away of State, Transcendental Theories, Law as a means of social control, Law as Volksgeist.

Unit- 6: Personality; people: state-with particular reference to Directive Principles of State policy; locus standi Randhir Singh, Golaknath and other relevant cases.

Unit-7: Theories of Authority, Types of authority legislative, judicial and customary their binding nature, Bindingness with regard to Precedent, Determination of ratio 

Unit-8: Limits on legislative authority., Positivist view that there are no limits. Discuss with reference to Austin, Kalsen. Refer Indian cases like Golaknath and D.C. Wadhwa's case.

Unit-9: Natural Law view that the limits are defined by principles of morality or natural justice - the legislation, from whatever source, must be in accordance with such principles. Discuss with reference to Aquinas, Finnis, The Rationalis view that the limits are get by rational principles of justice - Discuss with reference to Kant, Rawls,

Unit-10: The Basic Structure Doctrine - that the limits are set by the basic structure of the constitution or the law itself; any legislation contrary to the basic structure is non law (Refer Kesavananda and Coelho cases)., Define and discuss the basic legal concept of reasonableness with reference to Indian cases. State of Madras V.G. Row (1952 SC 196), Dwaraka Prasad Laxmi Narayan V. State of U.P. (AIR 1954 SC 224), Krishnachandra V. Commissioner of Police (1961 3 SCR 135) Hardhan Shah V. State of West Bengal (1975 3 SCC 198). AIR India V. NargeshMeerza (AIR 1987 SC 1829). Maneka Gandhi V. Union of India (1978 2SCR 621).Judicial Decions particularly the decions of Indian Supreme Court on contemporary socio political, legal and economic issues.

Unit-11: The functions of Law, Law as the upholder of the moral order in the society, Concept of dharma and connection between law and morality, Law for bringing efficiency and social stability, the utilitarian views,

Unit-12: The differences between the ends of a legal order, a political order and a religious order. Are they inter changeable? Can one replace another? Issue concerning the dialectics of law.

Books Recomended:

1. Salmond, Jurisprudence, Universal Publishers.

2. Paton, Jurisprudence

3. Allen, Law in Making, Universal Publishers, 

4. Mahajan V.D, Legal Theory and Jurisprudence.

5. Dias, Jurisprudence.

6. Lloyd, Introduction to Jurisprudance

7. S.N. Dyani, Fundamental of Jurisprudance: Indian Approach

8. G.C.V.Subba Rao, Jurisprudence and Legal Theory

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5023 FAMILY LAW-I

(Comparative Family Institutions)

Paper - III

Unit -1: Concept of family, nuclear family and joint family, Joint Hindu Family (Mitakshara and Dayabhaga): Mitakshara joint family Mitakshara coparcenary - formation and incidents. Property under Mitakshara law-separate property and Copercenary property, Dayabhaga coparcenary - Formation and incidents, Property under Dayabhaga Law, Karta of the joint family-his position, powers, privileges and obligations, Alienation of property-separate and coparcenary, Debts doctrines of pious obligation and antecedent debt.Partition and Reunion Joint Hindu Family as a social security institution and impact of Hindu Gains of Learning Act and various tax laws on it. 

Unit-2: Marriage And Kinship: Evolution and importance of institutions of marriage and family.Role of Religions, Indian Family Law., Impact of customs on marriage and family. 

Unit-3: Applicability & Sources of Law: Who is a Hindu, who is a Muslim, who is a Christian, Sources of Hindu Law, Sources of Muslim Law, Schools of Law. Hindu and Muslim laws. 

Unit-4: Essentiaf Conditions of Marriage State intervention through various legal measures,

Essentials conditions of valid Hindu Marriage Hindu Marriage Act, essential conditions of valid Muslim marriage, concept of dower, essential conditions of marriage for valid Christian Marriage 4/ Indian Christian Marriage Act, 1882, special marriage Act, kinds of marriages under Hindu and Muslim systems, kinds marriage. 

Unit-5: Matrimonial Remedies: Annulment, RCR Judicial separation, Divorce Conditions for grant of matrimonial remedies under Hindu Marriage Act, Indian Divorce Act; Matrimonial Remedies for Muslims (Talaq, lla, Zihar, Tafwiz, khula, Mubara) Muslim wife's grounds of divorce 4/ Dissolution of Muslim Marriage Act, 1939, Bars to Matrimonial Relief. 

Unit-6: Maintenance: Maintenance of divorced wives, neglected wives, minor children and parents under Hindu Marriage Act & Hindu Adoptions and Maintenance Act: Maintenance of Muslims wives during and after divorce; Protection of Rights on Divorce Act, 1986 S.125 of Cr.P.C.

Unit- 7: Child and the family: Legitimacy, Adoption, Custody and Maintenance 4/ Hindu Law (HMA, 1956) & Muslim law Guardianship, guarandianship law of Hindu and Muslims.

Unit-8: Costmary practices and the law: Dowry and Dowry Prohibition Act, 1961 Child Marriage and Child Marriage Restraint Act, 1929. Sati and Sati Act, 1987 

Unit 9: Family Courts, Need for UCC: composition, power and functions of Family Courts (Family Courts Act 1984) Article 44 of the Indian Constitution

References:

1. Maine's Treatise on Hindu Law and Usage, Bharat Law House, Delhi

2. Muslim Law; the Personal Law of Muslim in India on Pakistan, Faiz Badruddin Tyabji

N.M Tripathi Publications, N. Delhi 

3. Paras Divan, Modern Hindu Law, Central Law Agency.

4. Paras Divan, Family Law, Central Law Agency.

5. Mohammedan Law, Dr. Mohammed Nazmi Central Law Agency

6. Vasudha, Towards Uniforms Civil Code, I LI, Delhi 

7. Marriage and Family Law Reforms in India, Archana Parasher Sage Publications.

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5024 LAW OF CONTRACT

(General Principles of Contract (Secs. I to 75) including Specific Relief Act)

Paper -IV

Unit-1: History and nature of contractual obligations - writs of debt, covenant and account actions on the case and on assumption of consideration moral basis for contractual obligations subjective and objective theories sanctity of contracts.

Unit-2: Agreement and contract definitions, elements and different kinds.

Unit-3: Proposal and acceptance - their various forms, essential elements, communication and revocation-proposal and invitations for proposal-floating offers, tenders-dumping of goods. 

Unit-4: Consideration-nudum pactum-its need, meaning, kinds, essential elements privity of contract and of consideration-its exceptions-adequacy of consideration-present, past and adequate consideration-unlawful consideration and its effects-views of law commission of India on consideration-evaluation of the doctrine of consideration.

Unit-5: Capacity to contract-meaning-incapacity arising out of status and mental defect-minor's agreements-definition of minor accessories supplied to a minor agreements beneficial and detrimental to a minor affirmation-restitution in cases of minor's agreements-fraud by a minor ratification in cases by a person of an agreement made by him while he was a minor-agreements and estopped-evaluation of the law relating to minor's agreements-other illustrations of incapacity to contract.

Unit-6: Free consent-its need and definition-factors vitiating free consent, Coercion definition essential elements-duress and coercion-various illustrations of coercion doctrine of economic duress-effect of coercion-evaluation of Sec. 15., Undue Influence definition-essential elements between which parties can it exist? Who is to prove it? Illustrations of the undue influence independent advice-pardahanashin women unconscionable bargains effect of undue influence.. Misrepresentation-definition misrepresentation of law and of fact-their effects and illustration, Fraud-definition essential elements-suggest also supper sioveri-When does silence amounts to fraud? Active concealment of truth-importance of intention.

Unit-7: Legality of Object: Void agreement-lawful and unlawful considerations, objects-void, voidable, illegal and unlawful agreements their effects. Unlawful consideration and objects: Forbidden by law, Defeating the provision of any law, Fraudulent, Injurious to person or property, Immoral, Against public policy, Void Agreements, Agreements without consideration, Agreements in restraint of marriage,. Agreements in restraint of trade-its exceptions-sale of goodwill, Sec. II restriction, under the Partnership Act, trade combinations exclusive dealing agreements, restraints on employees under agreement of service., Agreements in restraint of legal proceedings-its exceptions, Uncertain agreements, Wagering agreements-its exceptions.. 

Unit-8: Discharge of a contract and its various modes; By performance-conditions of valid tender of performance-how? By Whom? Where? When/In what manner? Performance of reciprocal promises-time essence of contract. By breach-anticipatory breach and present breach, Impossibility of performance-specific grounds of frustration - effect of frustration-frustration and restitution. By period of limitation, By agreement rescission and alteration-their effect-remission and waiver of performance extension of time-accord and satisfaction.

Unit 9: Quasi-contracts or certain relations resembling those created by contract.

Unit-10: Remedies in Contractual Relations:, Damages-kinds-remoteness of damages ascertainment of damages. Injunction-When granted and when refused? Why?, Refund and restitution, Specific performance-When? Why?

Unit-11: Specific Relief: Specific Relief Act, 1969 Definition, Recovering possession of property, Specific performance of contracts. Rectification of instruments, Rescission of contracts, Cancellation of Instruments, Declaratory decrees. Preventive relief.

Books Recomended:

I. Anson: Law of Contract, Clarendon Press, Oxford, 1998

2. Cheshire and Fifoot, Law of Contract

3. G.C.V. SubbaRao : Law of Contract, S. Gogia& Co., Hyderabad 1995

4. T.S. Venkatesalyer. Law of Contract revised by Dr.Krishnamachary, S. Gogia& Co.,Hyderabad, 1995

5. Avatar Singh: Law of Contract and specific Relief Act- Eastern Book Company, Lucknow, 1998.

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5025 BANKING LAW INCLUDING NEGOTIABLE INSTRUMENTS ACT

[Optional Legal]

Paper-V

Unit-1: Banker and customer: General relationship between banker and customer, essential features of general relationship, special relationship.

Unit-2: Business aspects of banking: Opening of new account, kinds of accounts: current account, savings account, deposit account, joint account, accounts of special customers. (Minor, partnership, company, trust, married women etc.)

Unit-3: Pass book; over-over, draft-appropriation of payments; right of set-off, combining of several accounts, receipt of valuable for safe custody garnishee orders.

Unit- 4: Rights of banker over securities for bank advances: Banker's lien, pledge, guarantee, documents of title goods a) bill of lading, dock warrant, warehouse keeper certificate, delivery order, railway receipt, Bankers commercial of letters credits. 

Unit-5: Definition of Negotiable instrument, essential features of negotiable instruments, difference between negotiability and assign ability, Promissory note-bill of exchange, cheque and other analogous instruments(Bankers draft, travelers cheque, dividend warrant). 

Unit-6: Cheque: Kinds of cheques, crossing of cheques, endowments and its kinds, holder and older in due, payment in due course, marking of cheques.

Unrt-7: Liabilities of the parties to the negotiable instruments: Dishonour of cheques, statutory protection of paying banker and collecting banker; forgeries.

Unit-8: Banking Companies Regulation Act, 1949: General and specific powers of the Reserve Bank of India and central government, restrictions and loans and advances.

Unit- 9: The Reserve Bank of India Act, 1934: Functions and promotional role of the Reserve Banks of India, RBI and commercial banks.

Unit-10:Nationalisation of Banks: Effect of nationalization, achievements and drawbacks:

globalization and its impact.

Unit-11: Innovations in Banking: e-Banking, off-shore banking and RBI guide lincs.

Books Recommended:

1. Paget-Law of Banking

2. Sheldon-Practice and Law of Banking

3. Tannan-Law of Banking

4. Gulati- Banking Companies Act 5. Maheswari- Banking Law and Practice

6. Bashyam and Adiga-Negotiable Instruments Act 7. Parthasarathi, Negotiable Instruments Act.

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