Friday, October 14, 2022
ALTERNATIVE DISPUTE RESOLUTION (Clinical Legal Education-2) Paper - V
5040 ALTERNATIVE DISPUTE RESOLUTION
(Clinical Legal Education-2)
Paper - V
Unit-1: Judicial dispute resolutions: Characteristics, Operating Principles, Party participation and Control, Short focus on issue, Reasoned Decision, Finality, Adversary Process, What course do and do not do effectively? Advantages and Disadvantageous of such resolution.
Unit-2: Alternative dispute resolution: Alternative to formal adjudication Techniques processes, Unilateral - Bilateral - Triadic (Third party) Intervention, Advantages - Limitations, Distinction between arbitration - conciliation and negotiation, Distinction between judicial. settlement and alternative dispute resolution.
Unit-3: Self-help, avoidance and limping, Negotiation, mediation, Conciliation, Arbitration;
Distinction between, Alternate models of dispute resolutions: Role of Panchayat, Role of Grama
Sabhas, Lokpal, Lakayukta, Lok Adalats, Family Courts. Unit-4: The Arbitration and Conciliation Act, 1996, Background of the Act. Definitions of "Arbitration". "Arbitrator", Arbitration Agreement", Appointment of "Arbitrator", grounds for
changing the arbitrator, terminator of Arbitrator.
Unit-5: Proceedings in arbitral tribunals and enforcement of awards, Arbitral Award Termination of Proceedings, Setting aside of arbitral award, Finality and Enforcement, Appeals, Enforcement of foreign awards, New York and Geneva Convention Awards. Unit-6: Section 89 and O-10, R-1-AB and C of CPC Conciliation, Meaning and definition
conciliation agreement, appointment of conciliator, powers and function of conciliator,
techniques of successful conciliation proceedings, enforceability. Unit-7: Other Alternative modals of dispute resolution, Family Courts, Family Courts Act, 1984, family council ling techniques, Tribunals, Motor Accent Tribunals, MV Act, relevant provisions, Administrative Tribunals, Consumer Forms.
Unit-8: Legal Services Authority. Unit-9: Role of N.G.Os in dispute resolutions.
Books Recommended:
1. O.P. Tiwari: The Arbitration and Conciliation Act (2nd Edition): Allahabad Law Agency.
2. Johar's: Commentary on Arbitration and Conciliation Act, 1996: Kamal Law House.
3. Acharya N.K.: Asia Law House, Hyderabad.
4. Tripathi S.C.: Central Law Agency, Allahabad.
5. Avatar Singh: Arbitration and Conciliation, Eastern Law Book House, Lucknow.
6. Murthy KKSR: Gogia Law Agency, Hyderabad.
7. P.C. Rao Alternate Dispute Resolution 2001 Ed. Universal Book Traders, New Delhi.
8. S.D. Sing: Alternate Dispute Resolution 2001 Ed. Universal Book Traders, New Delhi.
Note: There shall be a University written examination on this paper for 50 marks, 35 marks for record and viva voce examination carrying 15 marks at the college level. The candidate shall get a minimum 20 marks at examination and 20 marks at college level to get aggregate of 40 percent.
INTERPRETATION OF STATUTES (Optional Legal) Paper-IV
5039 INTERPRETATION OF STATUTES (Optional Legal)
Paper-IV
Unit-1: Introduction: Difference Between Construction and Interpretation, Concept and Power of Interpretation, Literal Construction, Other principals of Interpretation, General Principals of interpretation: The Primary rule: Literal construction, the other main Principals of interpretation, Reading words in their context: the external aspect, Reading words in context: the statutory aspect.
Unit-2: Beneficial construction and restrictive construction, Consequences to be considered,
Presumption against changes in the common Law, mens rea in statutory offences. Unit-3: Theoretical or ideological approaches to interpretation, Judicial Restraint, Judicial activism, Juristic Restraint, Juristic activism Unit-4: Presumptions regarding jurisdiction. Presumptions against ousting established
jurisdictions, Presumptions against creating new and enlarging established jurisdictions. How
far statutes affect the crown Further presumptions regarding jurisdiction, Territorial extent of
British legislation, How far statutes conferring rights affect Foreigners, Presumption against
violation of International Law.
Unit-5: Construction to avoid collision with other provisions, construction most agreeable to justice and reason, Presumption against intending what is inconvenient or unreasonable, Presumption against intending injustice or absurdity, Presumption against impairing obligations. permitting advantage from ones own wrong. Retrospective operation of statutes. Unit-6: Exceptional Construction, Modification of the Language to meet the intention.
Equitable construction, Strict Construction of penal Laws, Statues encroaching on rights or imposing burdens, Construction to prevent evasion, Construction to prevent abuse of powers. Unit-7: Intentions attributed to the legislature when it expresses none, Imperative and directory and enactments. Absolute and qualified duties, Impossibility of compliance, Waiver. Public and private remedies.
Unit- 8: Rules of statutory interpretation: their judge made character, Legalism and Creativity: Mischief and Golden Rule, Rule of Construction in Fiscal and Criminal Statutes, Technicality: Rules as to necessary and implied repeal: Rule for interpretation of codifying, consolidating and amending statute, Values and Interpretation, countemporaneo exposito, nositur a sociis. Ejusdem Generis
Unit-9: Constitutional interpretation, differentiation from statutory interpretation Rex Vs Burah as example, Literal interpretations, Harmonious construction, Reference to constituent assembly debates, Pith and substance, Occupied field, Residuary power, Repugnancy, Amending power Directive Principles as source of constitutional interpretation, stare decisis, the doctrine has inherited by us, Techniques of innovation (Subversion) of stare decisis, Supreme Court's authority to over rule its own decisions (Eg: Antulay Case), Advisory jurisdiction and its import on precedent, retrospective overruling in India, Objections to judicial review as anti-majoritarian. Unit-10: Principles of legislation: Principles of the civil code, principles of the penal code of punishments.
Books Recommended:
1. D.D. Basu-Limited Government and Judicial Review.
2. Jeremy Bentham: Theory of Legislation, Butterworths Publications. 3. Vepa P. Sarathi: Interpretation of Statutes, Eastern Book Co, Lucknow
4. Maxwell: Interpretation of Statutes, Butterworths Publications.
5. Crawford: Interpretation of Statutes, Universal Publishers, Delhi
6 Chatterjee: Interpretation of Statutes.
7. G.P. Singh: Principles of Statutory Interpretation, Wadhwa and Company, Nagapur.
LABOUR LAW II Paper-III
5038 LABOUR LAW II Paper-III
Unit-1: Remuneration for Labour.
Unit-2: Law relating to wages and bonus: Theories of wages; marginal productivity, subsistence, wage fund. supply and demand, residual claimant, standard of living. Concepts of wages (minimum wage, fair wage, living wage, need-based minimum wage); Constitutional provisions: components of wages: Minimum Wages Act, 1948: Objectives and constitutional validity of the Act; procedure for fixation and revision of minimum rates of wages - exemptions and exceptions; Payment of Wages Act, 1936: Regulation of payment of wages; Authorized Deductions, Payment of Bonus Act; Bonus Its historical background, present position and exemptions: Payment of Bonus (Amendment) Act, 2007.
Unit-3: Social security against employment injury and other contingencies: Concept and development of social security measures; Employers liability to pay compensation for employment injury: Legal protection: Workmen's Compensation Act, 1923 - Concept of accident arising out of and 'in the course of the employment: Doctrine of notional extension and doctrine of added peril; Total and partial disablement: Quantum and method of distribution of compensation. Employees State Insurance Act, 1948: Benefits provided under the Act; Employees' State Insurance Fund and Contributions; Machinery for the implementation of the
Act; ESI Court and appeal to High Court.
Unit-4: Law relating to retirement benefits: Employees Provident Fund and Miscellaneous Provisions Act, 1952; Family Pension Scheme 1971 and Employees Pension Scheme 1995: The changing rules regarding Employees Provident Fund and Pension Schemes; Payment of Gratuity Act, 1972 - Concept of Gratuity, Eligibility for payment of gratuity: Determination of gratuity: Forfeiture of gratuity.
Unit-5 Labour Welfare: Philosophy of Labour Welfare; Historical Development of Labour welfare legislation; Health, Safety and welfare measures under Factories Act, 1948. Welfare of women and child labour: Protective provisions under Equal Remuneration Act & Maternity Benefit Act.
Unit-6: Contract Labour: Problems of contract labour; Process of contractualisationof labour;
Legal protection: Contract Labour (Regulation and Abolition) Act, 1970; Controversy regarding
Abolition of contract labour and their absoption: Land mark cases: Air India Statutory Corpn.
V. United Labour Union, (1997) & SAIL. case (2002); proposed amendment and its impact on
the contract labour.
Unit-7: Unorganised Sector: Problem of Definition and Identification: Unionization problems Historical backdrop of proposed bills on social security for unorganized sector (2004, 2005 & 2007): Unorganized Sector Workers' Social Security Act, 2008
Unit-8: Protection of Weaker Sections of Labour: Problems of bonded labour, bidi workers. domestic workers, construction workers inter-state migrant workmen; Legal protection: Bonded Labour System (Abolition) Act, 1976; Inter State Migrant Workmen (Regulation of Employment
and Conditions of Service) Act, 1979.
Books Recommended:
1. R.F. Rustomji: The Law of Industrial Disputes in India.
2. J.N. Malik: Trade Union Law
3. Bagri: Law of Industrial Disputes, Kamal Law House, Delhi.
4. Srivastava: Law of Trade Unions., Eastern Book Company.
5. Dr. V.G.Goswami, Labour and Industrial Law, Central Law Agency, Allahabad.
6. S.N.Mishra, Labour and Industrial Law, Central Law Agency, Allahabad.
7. Khan and Khan Labour Law, Asia Law House, Hyderabad.
COMPANY LAW Paper-II
5037 COMPANY LAW
Paper-II
Unit-1: Meaning of Company, essential characteristics, corporate personality and lifting the
corporate veil, Forms of Corporate and non-Corporate Organisations: Corporations, partnerships
and other associations of persons, state corporations, government companies, public sector private sector, their-role, functions and accountability of companies. Unit-2: Incorporation. Memorandum of Association - various clauses - alteration therein - doctrine of ultra vires, Articles of Association binding force alteration its relations with memorandum of association doctrine of constructive notice and indoor management exceptions, Prospectus issue contents liability for misstatements -statement in lieu of prospectus, Promotors position duties and liabilities
Unit-3: Shareholders: Shares - general principles of allotment statutory restrictions - share certificate its objects and effects - transfer of shares - restrictions on transfer procedure for transfer - refusal of transfer role of public finance institutions - relationship between transferor and transfers - issue of shares at premium and discount, Shareholder who can be and who cannot be a shareholder modes of becoming a shareholder calls on shares forfeiture and surrender of shares - lien on shares rights and liabilities of shareholder, Share capital - kinds - alteration and reduction of share capital - further issue of capital conversion of loans and
debentures into capital duties of court to protect the interests of creditors and shareholders.
Unit-4: Directors position appointment qualifications, vacation of office removal.
resignation - powers and duties of directors -meeting, registers, loans remuneration of directors - role of nominee directors-compensation for loss of office managing directors and other managerial personnel, Meetings - kinds procedure - voting
Unit-5: Dividends, Debentures, Borrowing Powers: Dividends - payment capitalization of
bonus shares, Audit and accounts, Borrowing powers effects of unauthorised borrowing
charges and mortgages loans to other companies investments contracts by companies,
Debentures-meaning-floating charge - kinds of debentures-shareholder and debenture holder
remedies of debenture holders. Unit-6: Majority rule: Protection of minority rights, Prevention of oppression and mismanagement, who can apply when can he apply, powers of the court and of the Central Government.
Unit-7: Other Allied Aspects: Private companies nature advantages conversion into public company foreign companies, government companies, holding and subsidiary companies, Investigations- Powers, Reconstruction and amalgamation, Defunct company Law Tribunal, powers and functions.
Unit-8: Law and Multinational Companies: Collaboration agreements for technology transfer. Control and regulation of foreign companies taxation of foreign companies, share capital in such
companies.
Unit-9: Winding Up: Winding up - types - by court reasons grounds who can apply procedure, powers of liquidator-powers of court consequences of winding up order- voluntary
winding up by members and creditors winding up subject to supervision of court. Unit-10: Winding up proceedings: appointment of liquidator, powers and duties of official liquidator, Liability of past members - payment of liabilities - preferential payments, unclaimed dividends-winding up of unregistered company.
Books Recommended:
1. Avatar Singh: Company Law. Eastern Book company, Lucknkow 2. Anantha Raman, lectures on company Law, Wadhwa and Company
3. Kailash Rai, Company Law, Allahabad Law Agency, Allahabad 4. Majumdar, Company Law, Taxman Publications
6. Palmer, Company Law
5. Tandon M.P. Company Law, Allahabad Law Agency, Allahabad
7. Gover, Company Law
8. Ramaih, A Guide to Companieis Act, Wadhwa Publications
CRIMINAL PROCEDURE CODE paper 1
5036 CRIMINAL PROCEDURE CODE
(including Juvenile Justice Act and Probation of Offenders Act)
Paper-I
Unit -1: Criminal justice system: Inquisitorial and Adversary Accusatorial; International norms regarding the basic principles of criminal justice system; Constitutional perspectives - Articles 14, 20, 21 & 22: The rationale of criminal procedure, Salient features of the Criminal Procedure Code, 1973; The organization of police, prosecution & defense and prison authorities-duties, functions and powers, Constitution of criminal courts and the significance of the segregation of magistrates into judicial and executive magistrates categories under the code:Important definitions: Investigation, first information, cognizable and non cognizable offence, bailable and non bailable offences, complaint, inquiry, charge, trial, summons and warrant cases, compoundable and non compoundable offences, discharge and acquittal, appeal, revision and
reference.
Unit-2: Investigation proceedings: Initiation of investigation proceedings (sec.154-157); Interrogation powers of police officer (Sees. 160 161); evidentiary value of FIR and statements made to police officer (Sec162 of Cr.P.C. and Sec. 145 &157 of Evidence Act); Arrest with and without a warrant exercise of power and execution rules (Secs.41-60 & 70-80); Preventive powers of the Police (Sec. 149-153),Rights of arrested person (Socs.50.50A.54-57,75,76,303,304 of Cr.PC & An 22), 23 Search and Seizure (Secs.51,93-103, 165,166 & 166A, 166B). Proclamation and attachment (sec.82-89) Recording of confessions and statements (sec. 164); Special remand order (Sees.167); Police diary (Sees 172); Police report (See.173); Inquest
proceedings (Sees.174-176).
Unit-3: Jurisdiction of Courts, Inquiry proceedings & Bail provisions: General principle of jurisdiction of criminal courts (Sec. 177); Exceptions to the principle (sec. 178-188). Initiation of Inquiry proceedings (Sec. 190-194); Exceptions to the general principle of moving criminal courts (Secs.195-199); Complaint to magistrates (Sees 200-203). Inquiry proceedings before magistrates (Secs.204-209); Bail provisions (Secs.436-450).
Unit-4: Security and Maintenance proceedings: Security for keeping peace and for good behavior (Secs. 106-124), 4.2 Maintenance of Public order and tranquility: Unlawful Assemblies (Secs 129-132); Public Nuisance (Secs133-144); Disputes as to immovable property (Secs.145 148); Maintenance of wives, children and parents: Order of maintenance (Secs.125). The Muslim Women (Protection of Rights on Divorce) Act.1986): Procedure, alteration and enforcement (Secs. 127&128).
Unit-5: Trial Proceedings: Concept of fair trial: Presumption of innocence, right of silence & right to speedy trial: Charge: Content and form (Sees 211-217); General principle to be tried separately for every charge and its exceptions (Sees 218-224); Trial before a court of session (Secs 225-237); Trial of warrant cases before magistrates (Sec.238-250); Trial of summons cases (Sec.251-265); Summary trials (Secs.260-265); Pleas and limitations to bar trail: Principle of Autrefois acquit and autrefois convict (Secs 300& Art20): Compounding of offences (Sec. 320); Withdrawal from prosecution (Secs.321), ); Irregular proceedings (Sees.461,462 & 479); Limitations to take cognizance of offences. (Secs.467-473). Evidence in inquires and trials Secs.272-283); Tender of pardon (Secs.307-309): Provisions as to Accused persons of unsound
mind (S$.328-339)
Unit-6: Judgment. Appeals, Reference, Revision and Execution: Judgment: Mode and other provisions (Sec.353-365); Confirmation of death sentence (Sees.366-371); Appeals (Sees.372 394). Reference and Revision (Sec.395-405); Transfer of criminal cases (Secs 406-412); Execution, suspension, remission and commutation of sentences (Secs.413-435). Unit-7: Juvenile Justice System: Concept of juvenile justice; Historical perspective of juvenile justice system: Provisions relating to juvenile offenders under IPC(Secs.82&83) and Criminal Procedure Code(Sees 27&260): Juvenile Justice Act, 1986 Distinction between juvenile offender and neglected juvenile; Constitution of Child welfare boards and juvenile courts: Observation and juvenile homes; Powers of the State Government to constitute Advisory Boards and release the juvenile from juvenile or special home; 7.3 Juvenile Justice (Amendment) Act. 2000-major changes made to the JJ Act, 1986;
Unit-8: Probation of offenders and Parole: Concept of probation; Development of probation
system in India; Probation of Offenders Act 1958: Salient features; Role of probation officers:
Role of Judiciary in the implementation of the Act; Parole system: Concept and distinction with
the probation system
Unit-9: Reforms in Criminal Procedure: Major recommendations made in the Mall math Committee, 2002 in relation to Criminal Procedure Code; The Code of Criminal Procedure Code (Amendment) Act, 2005 important changes. The Code of Criminal Procedure Code
(Amendment) Act 2006-significant changes. Books Recommended:
R.V. Kelker, Lecturers on Criminal Procedure Code 2. S.N. Mishra, Criminal Procedure Code
1. 3. Achutan Pillai: Criminal Law, Butterworth Co. 4. Ratan Lal and Dhiraj Lal: Indian Penal Code, Wadhwa & Co. 5. Gour K.D.: Criminal Law -Cases and material, Butterworth Co.
6. Kenny's: Outlines of Criminal Law.
All 4 year 8 sem
Semester-VII
7.1 Law of Crimes
7.2 Property Law & Easement Act
7.3 Labour Law I
7.4 Administrative Law
7.5 Professional Ethics
Semester-VIII
8.1 Criminal Procedure Code
Syllabus :-
Assignment :-
Notes:-
Exam paper :-
Mcq:-
Lecture video :-
8.2 Company Law
Syllabus :-
Assignment :-
Notes:-
Exam paper :-
Mcq:-
Lecture video :-
8.3 Labour Law II
Syllabus :-
Assignment :-
Notes:-
Exam paper :-
Mcq:-
Lecture video :-
8.4 Interpretatin of Statutes (Optional Legal)
Syllabus :-
Assignment :-
Notes:-
Exam paper :-
Mcq:-
Lecture video :-
8.5 ADR 6 (Clinical Legal Edn)
Syllabus :-
Assignment :-
Notes:-
Exam paper :-
Mcq:-
Lecture video :-
land law old paper
SUBJECT CODE NO-7805 FACULTY OF HUMANITIES
Examination March/April-2022 (To be held in Paper-VI
LLB. (Sem-VD)
N.B
20 mark each
1) Attempt any five
2) All questions carry equal marks
Q1 discuss on termination of tenancy & its grounds under HTAL Act, 1950 with remedy for reinstate of tenancy
Q2 Describes various kinds of tenants under HTAL ACL 1950. Give detail note on the rights of tenants
03 What are the land records? explain the role of talathi in regard to record of Rights under MLRC,1966
Q4 What is meant by essential supply or services under Miharashtra Rent control Act, 1999? When landlord can out off or withheld such supply and what remedy available to tenant?
Q5 Discuss the grounds of recovery of possession of the landlord under Maharashtra Rent control act 1999
Q.6 What is Nistar patrak & wajibul-arz? The powers of collector relating declaration of rights
Q7 What is surplus land? Explain the power of collector regarding submission of returns and its failure with other provisions of law of Maharashtra land Revenues ?
Q.8 Explain the power, functions duties of the local Bodies to enrich the land laws in Maharashtra?
Q.9 Short notes (any four)
a) Boundary marks and its demarcation
b) Procedure to distribution of surplus land
C ) Non-Agricultural permission
D) Standard Rent & Maximum Rent
e) Survey officers
f ) Tenancy rights are heritable.
10.5 Moot Court (Clinical Legal Edn.)
5050 MOOT COURT (Clinical Legal Education - IV)
Paper - V
Class room instructions and simulation exercises on the following items shall be extended:
Unit 1: Drafting of Moot Problem: Civil and Criminal.
Unit 2: Pre trial observation, client interviewing techniques
Unit 3: Stages of trial: Civil and Criminal proceedings
Unit 4: Framing of issues
Unit 5: Tools of oral presentation, written presentation and memorials
Unit 6: Examination of witnesses.
The student must acquainted with civil and criminal matters a trial courts, high courts and other courts like family court, Labour court etc.
Note: There shall be a University written examination on this paper for 50 marks, 35 marks for record and viva voce examination carrying 15 marks.
The candidate shall get a minimum 20 marks at examination and 20 marks at college level to get aggregate of 40 percent.
Books Recommended:
1. Dr. Kailash Rai: Moot Court Pre-Trial Preparation and Participation in Trial Proceedings.
2. Amita Danda: Moot Court for Interactive Legal Education, Gogia Law Agency, Hyderabad.
3. Blackstone's: Books of Moots, Oxford University Press.
4. Mishra: Moot Court Pre-Trial Preparation and Participation in Trial Proceedings. 5. NRM Menon, Clinical Legal Education, Pre.Law Education Series, EBC
10.4 Insurance Law (Optional Legal)
5049 INSURANCE LAW
(Optional Legal)
Paper-IV
Unit-1 Contract of Insurance: Subject matter of the insurance principles applicable - Formation
of Contract.
Unit-2: Definition and meaning of the term insurance.
Unit-3: History of Insurance in England and India in brief butline.
Unit-4: Nature of Insurance Contract: Contract uberrima fidei Contract of Indemnity Contract of wager and conditional contracts.
Unit-5: Classification of Insurance - construction of Insurances policies.
Unit-6: General principle of insurance common to all branches insurable interest -premium
risk and proximate cause-non-disclosure-representations and Warranties assignment contribution
and subrogation-double insurance and over insurance-reinsurance.
Unit-7: Life Insurance: Nature and scope, definition, Kinds of life insurance, the policy formation of life insurance contract-Life insurance conditions, circumstances affecting the risk. assignment & nomination, amounts recoverable, persons entitled to payment, settlement of
claims and payment of money.
Unit-8: Fire Insurance: Definition and scope of fire insurance, nature of fire insurance contract, meaning of fire, formation of contract, insurable interest, indemnity, reinstatement, causa proxima, Kinds of policies, conditions in fire policies. The alteration, notice of abandonment, average conditions. Right after loss, amount recoverable.
Unit-9: Marine Insurance: Nature and scope of Marine Insurance contract, nature of the contract, the Marine Adventure. The step in Marine Insurance, Classification of Marine Policies, Deviation and change of voyage. The perils of the sea and Maritime perils, proximate cause. Loss: Partial, General average and particular over age: total loss actual total loss and constructive loss. Notice of Abandonment, Inchmaree clause, sue and labour clause, assumption, Burglary Insurance: Nature and scope, Meaning the term burglary, exceptions in the policy Accident Insurance: Nature and scope meaning, the risk Guarantee insurance: Nature and Scope, Contract, Contracts of Guarantee and insurance contracts, fidelity policies, insurance of debts. Unit-10: Liability Insurance: General, defense by insurer of assured, statutory subrogation, practice, employer's liability insurance.
Unit-11: Motor Vehicle Insurance: Relevant Provisions. Rights of Third parties. Clauses
restricting cover.
Unit-12: Statutory Materials: The Insurance Act 1938: 2. The Life Insurance Corporation Act,
1956: 3.The Marine Insurance Act 1963: 4. The General Insurance Act, 1972. The Motor
Vehicles Act.
Books Recommended:
1. M.N. Srinivasan: Principles of Insurance Law
2. K.S.N. Murthy, Modern Law of Insurance in India
3. Brijmohan Singh, Law of Insurance.
4. Mac Gillivray, Insurance Law
5. Porter, Insurance
6. Arnold's Marine, Insurance
7. Houseman, Life Insurance
8. Chambers Marine, Insurance Act, 1906
9. Collinvaux, Insurance
10. Johan Bird, Insurance
10.3 Intellectual Property Law
5048 INTELLECTUAL PROPERTY LAW
Paper-III
Unit-1: Introductory: The meaning of intellectual Property. The main forms of intellectual property: copy rights, marks, patents, designs. The competing rationales for protection of rights in Copyright Trademarks Patents designs Introduction to the leading international instruments concerning intellectual property rights: the Berne convention, Universal Copyright Convention, the Paris Union, the World Intellectual Property Rights Organization (WIPO) and the UNESCO; TRIPS; WIPO.
Unit-2: Meaning of Copyright Copy-right in literacy, dramatic and musical works. Copyright in Musical and Works and cinematograph films, Ownership of Copyright, Assignment of Copyright, Author's special rights. Infringement of copyright, Fair use Provisions, Remedies.
Unit-3: Intellectual Property in Trademarks: The rationale of protection of trademarks as (a) an aspect of commercial and (b) of consumer rights, definition, conception of Trade Marks, Registration; Distinction Between Trade Mark and Property Mark, Geographical Indicators. Unit-4: The law of intellectual property: Patents: Conception of Patent. Historical over view of the patent law in India. Patentable inventions with special reference to biotechnology products entailing creation of new forms of life, Process of obtaining a patent. Various grounds for
refusing patent grant.
Unit-5: Rights and obligations of a patentee, limitations and patents as chose in action,
Duration of Patents Law
Unit-6: Litigation in Copyright Law.
Unit-7: Litigation in Trade Mark Law
Unit-8: Litigation in Patents Law.
Books Recommended:
1. P. Narayanan: Patent Law, Eastern Law House.
2. Roy Chowdhary, S. K. & Other, Law of Trademark, Copyrights, Patents and Designs.
3. Dr. G.B. Reddy, Intellectual Property Rights and the Law, Gogia Law Agency.
4. John Holyoak and Paul Torremans, Intellectual Property Law.
5. B.L. Wadhera, Intellectual Property Law, Universal Publishers.
6. W.R. Cornish, Intellectual Property Law, Universal Publishers.
10.2 Public International Law
5047 PUBLIC INTERNATIONAL LAW
Paper-II
Unit-1: Basic Aspects of International Law:: Nature and Basis of International Law, Definition of International Law, Relationship between Muncipal Law and International Law, Sources of International Law (Treaties custom, general principles, recognized by civilized Nation, ICJ decisions).
Unit-2: State as subject of international law: Essentials of statehood- not fully sovereign states and other entities, Right and duties of states, Modes of acquisition and loss of state territory, State responsibility.
Unit-3: Recognition, Succession: Concept of recognition, theories, kinds and consequences of
recognition, recognition.
Unit-4, Individual as a subject of International Law: The Basic modification, post charter position: Nationality, Extradition, UNO & Human Rights, UDHR, Covenant on Civil Political Rights, 1966, Covenant on Economic Social and Cultural Rights, 1966.
Unit-5: Equitable resource utilization and justification: Law of the Sea Air, Law of Outer Space, Common Heritage of Mankind. Unit-6: State Jurisdiction: Basis of Jurisdiction, Sovereign Immunity, Diplomatic Privileges and Immunities.
Unit-7: Treaties: Making of Treaty, Reservations to treaty, Pacta sunt servanda, Modes of
termination of treaty.
Unit-8: UNO, Principles and Purpose of UNO, Security Council (Composition, powers and functions), General Assembly (Composition, powers and functions, ECOSOC (Composition, powers and functions) Trusteeship Council, ICJ (Composition, types of jurisdiction) Unit-9: International Economic Institutions: a) WTO (Organization and functions) b) IMF (Compositions, powers and functions) c) IBRD (Composition, powers & function) and d) UNCTAD.
Books Recommended:
1. Oppenhiem, International Law, Longman, 9th Edn
2. Ian Bronnlie, Principles of Public Internal Law Oxford University Press,
3. Malcom N Shaw, International Law, Cambridge Publication.
4. H.O Agarwal;. International Law and Human Rights, Central Law Publications Allahabad. 5. S.K.Kapoor, Public International Law, Central Law Agency.
6. J.G.Starke, Introduction to International law, Aditya Books, New Delhi.
7. S.K. Varma, An Introduction to International Law, Printice Hall of India, New Delhi
8. Bowett, International Institutions.
9. International Law; Sir Robert Jennings and Sir Arthur Watts (ed) Longman
10.1 Civil Procedure Code and Limitation Act
5046 CIVIL PROCEDURE CODE AND LIMITATION ACT
Paper - 1
Unit-1: Introduction: Conceptions of Civil Procedure in India before the advent of the British
Rule, Evolution of Civil Procedure from 1712 to 1901, Principal features of the Civil Procedure Case. Importance of State Amendments. Types of Procedures - Inquisitorial and Adversary Importance of observance of procedure. Law Reforms, the Code of Civil Procedure (Amendment) Act, 2002.
Unit-2: Suits: Concept of Law Suit, Order 1, Parties to Suit, Order II, Frame of Suit, Order IV. Institution of suits, Bars & Suit: Doctrines of Sub Judice & Res Judicata, Place of Suing (Section 15, 20) Territorial Jurisdiction., "Cause of Action" and Jurisdictional Bars, Summons (Sections 27,28,31. Orders IV.VI,IX), Service of Foreign Summons (Section 29). Power for
Order (Section 30 order XI).
Unit-3: Pleadings: (Order VI), Material Facts, Forms of Pleading, Condition Precedent. Presumptions of Law, Striking Out/Amendment. Plaint: (Order VII), Particulars (esp., in money suits/suits for immovable Property). Showing of doferosni's interest and liability. Ground of Limitation, Return of Plaint, Rejection of Plaint, Production and listing of Documents, Written Statement, Counter Claim, Set off, Framing of issues; Appearance and Examination:, Appearance, Ex-parte procedure, Default of Portion, Summoning and attendance of witnesses, Examination. Admissions, production, importing, return of documents, hearing, affidavit; Adjournments:, Order XVII. Adjournment, Judicial Discretion& problems Arrears; Unit-4: Judgment and decree: Concepts of judgment. Decree, and Interim Orders and stay Injunctions, Appointment of Receivers, Costs. Execution: (Order XXI), Concept of "Execution", General Principles of Execution, Power for Execution of Decrees (Section 38-46), Procedure for Execution (Section 51-54), Enforcement: Arrest and Detention (section 55-59), Attachment (Section 60-64), Sale (Section 65-67).
Unit-5: Suits in Particular Cases: Suits by or against Government (Section 79-82), Suits by Aliens and by or Against Foreign Rulers, Ambassadors and (Section 91-93), Suits relating to public matters, Incident and supplementary proceedings (Section 75-78, 94-95), and Suits against Minors, persons with unsound mind, indigent persons etc., Inter pleader suits.
Unit -6: Appeals: Appeals from Original Decrees (Section 96-99-A) and Order XLI., Appeals from Appellate Decrees (Sections 100-101). Appeals from Orders (Sections 104-106) (Order XLII), General Provisions Relating to Appeals (Section 107-108), Appeals to the Supreme Court (Section 108).
Unit-7: Commissions: The Rationale of Commissions, Order XXVI, Socio-Legal Commissions
of Inquiry in "Social Action" or "Public Interest Litigation". Unit -8: Limitation: Concept of Limitation - Why limitation, General principles of limitation, Extension - sufficient causes-acknowledgment, Legal disability-Condonation - when comes
to an end, Limitation Act, 1963 (excluding Schedules). Books Recommended:
1. .K. Takwani: Civil Procedure, 4 Edition, Eastern Book Co., Lucknow, 2007. 2. A.N. Saha: Code of Civil Procedure
3. Mulla: Code of Civil Procedure: Tripathi (Abridged Edition), (Student Edition).
4. B.B.Mitra: Limitation Act, 17 Edition, Eastern Law House, Calcutta, 1974, Allahabad, 1973.
5. Sanjiva Row: Limitation Act, 7 Edn. (in 2 Vol.s), Law Book Co., Allahabad, 1973.
6. Sanjiva Row: Code of Civil Procedure, 3 rd Edn, (in 4 Vols), Law Book Co., Allahabad. 7. AIR Commentaries on Limitation Act, W.W. Chitaley, AIR Ltd., Nagpur.
9.5 Drafting. Pleading and Conveyance
***************************
Silyabus
***************************
5045 DRAFTING, PLEADING AND CONVEYANCING(Clinical Legal Education-III)[Paper - V]
(Class room instructions and simulation exercises on the following items shall be extended: )
(a) Drafting:
General principles of drafting and relevant substantive rules shall be taught.
(b) Pleadings:
1. Civil: (i) Plaint, (ii) Written Statement, (iii) Interlocutory Application, (iv) Original Petition, (v) Affidavit, (vi) Execution Petition, (vii) Memorandum of Appeal and Revision and
(viii) Petition under Article 226 and 32 of the Constitution of India.
2. Criminal: (i) Complaints, (ii) Criminal Miscellaneous Petition, (iii) Bail Application and
(iv) Memorandum of Appeal and Revision. (c) Conveyancing: (i) Sale Deed, (ii) Mortgage Deeds, (iii) Lease Deed, (iv) Gift Deed, (v)
Promissory Note, (vi)Power of Attorney and (vii) Will etc of 15 exercises.
Note: There shall be a University written examination on this paper for 50 marks, 35 marks
for record and viva voce examination carrying 15 marks.
The candidate shall get a minimum 20 marks at examination and 20 marks at college level to get aggregate of 40 percent.
Books Recommended:
I. R.N. Chaturvedi : Pleadings and Conveyancing, Central Law Publications.
2. De Souza: Conveyancing, Eastern Law House.
3. Tiwari: Drafting, Pleading and Conveyancing, Central Law Agency. 4. Mogha: Indian Conveyancer, Eastern Law House.
5. Mogha: Law of Pleadings in India, Eastern Law House. 6. Shiv Gopal: Eastern Book Company.
7. Narayana P.S. Justice: Civil Pleadings and Practice, Asia Law House.
8. Narayana P.S. Justice: Criminal Pleadings and Practice, Asia Law House.
9. Noshirvan H.Jhabvala: Drafting, Pleadings, Conveyancing & Professional Ethics.
**************************
Notes
**************************
*(a) Drafting:
General principles of drafting and relevant substantive rules shall be taught.
General principles of drafting :
Relevant substantive rules of drafting :
____________________
*(b) Pleadings:
1. Civil:
(i) Plaint:
(ii) Written Statement:
(iii) Interlocutory Application :
(iv) Original Petition :
(v) Affidavit :
(vi) Execution Petition :
(vii) Memorandum of Appeal and Revision :
(viii) Petition under Article 226 and 32 of the Constitution of India.:
2. Criminal:
(i) Complaints :
(ii) Criminal Miscellaneous Petition :
(iii) Bail Application :
(iv) Memorandum of Appeal and Revision. :
*(c) Conveyancing:
(i) Sale Deed:
(ii) Mortgage Deeds:
(iii) Lease Deed:
(iv) Gift Deed :
(v)Promissory Note :
(vi) Power of Attorney :
(vii) Will etc of 15 exercises :
Note: There shall be a University written examination on this paper for 50 marks, 35 marks
for record and viva voce examination carrying 15 marks.
The candidate shall get a minimum 20 marks at examination and 20 marks at college level to get aggregate of 40 percent.
9.4 Land Laws including Tenure and Tenancy Law
***************************
Silyabus
***************************
5044 LAND LAWS INCLUDING TENURE AND TENANCY LAWPaper - IV
Unit- 1: Ownership of land - Doctrine of eminent domain -doctrine of Escheat.
Unit-2: Movement of Law reforms: Pre-Independence position Zamindari Settlement- Ryotwari
Settlement -Mahalwari System - Intermediaries - Absentee Landlordism Large holdings. Post dependence Reforms: Abolition of Zamindaries Laws relating to abolition of Intermediaries.
Unit-3: Land Ceiling: Urban Land Ceiling and Agrarian Land Ceiling, Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961,
Unit -4: The Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947.
Unit -5: Laws relating to acquisition of property and Governmental control and use of land Land Acquisition Act of 2013.
Unit-6: The Hyderabad Agricultural & Tenancy Act, 1950
Unit-7: Laws relating to Law and Revenue under the Maharashtra Land Revenue Code.
Books Recommended
1. Choudhary D. H.-The Maharashtra Land Revenue Code, 1966. 2. Dalal J. H.-Maharashtra Rent Control Act. 1999.
3. Govt. Publication-Agricultural Land Ceiling Act, 1961.
4. Gupte A. K.-Land Laws in Maharashtra, The Maharashtra Rent Control Act, 1999.
5. Gupte A. K. and Dighe S. D.-Maharashtra Land Revenue Code, 1966.
6. A. K. Gupte-The Maharashtra Agricultural lands (Ceiling on Holdings) Act, 1961. 7. N. M. Swamy - Land Laws Under Constitution of India
8. Chakraborty R. - The right to fair compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Orient Publishing House, New Delhi
9. Moulvi H. S. - The Hyderabad Tenancy and Agricultural Lands Act, 1950, Nasik Law House.
10. Ram Shelkar - The Hyderabad Tenancy and Agricultural Lands Act, 1950 with rules 11. Kulkarni's Maharashtra Land Revenue Code.
12. Agarwal's Law of Rent Control, Eviction and Leases in India
**************************
Notes
**************************
Unit- 1:
Ownership of land :-
Doctrine of eminent domain :-
doctrine of Escheat:-
___________
Unit-2:
Movement of Law reforms:
Pre-Independence position Zamindari Settlement-
Ryotwari Settlement -
Mahalwari System -
Intermediaries -
Absentee Landlordism Large holdings.
Post dependence Reforms:
Abolition of Zamindaries Laws relating to abolition of Intermediaries:
________________
Unit-3:
Land Ceiling:
Urban Land Ceiling :
Agrarian Land Ceiling:
Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961:
____________________
Unit -4:
The Bombay Prevention of Fragmentation :
Consolidation of Holdings Act, 1947:
___________
Unit -5:
Laws relating to acquisition of property :
Governmental control and use of land Land Acquisition Act of 2013 :
_____________
Unit-6:
The Hyderabad Agricultural & Tenancy Act 1950 :
____________
Unit-7:
Laws relating to Law and Revenue under the Maharashtra Land Revenue Code.
9.3 Environmental Law
***************************
Silyabus
***************************
Paper-III
Unit -1: Basic Aspects: Meaning and definition of environment and pollution, kinds of pollution. sources and consequences of pollution: Significance of environmental Law: Ancient Indian
Philosophy relating to environment protection.
Unit-2: Territory law, Constitution provisions concerning environment Articles 14,15,(2) (b) 19 (e),21,31,32,38,39,42,47, 48-A,49,51,51-A: Constitutional provisions about states powers concerning acquisition, regulation and distribution of natural resources (water, forests, mines, oil) with special emphasis on Arts 14, 15, 19, 31A, 31B, 31C, 39 (b) & (c): Union lists (Entries 6,52,56,57) State list (Entries 17,18,21,23) Concurrent List (Entries 17,17-1,178,18,20) of Ninth Schedule and land reforms, Abolition of intermediaries and land ceiling.
Unit-3: Primary Protective Laws: Water Act, 1974, Air Act, 1981, Environment (Protection) Act 1972 and Forest Act, 1927 and Forest Conservation Act, 1980, Biodiversity Act, 2002, NET 1995, NEAA 1997, Schedule Tribe (Forest Rights) Act. Act.
Unit-4: Secondary Laws noise pollution regulations: Environment Impact Assessment (EIA).
rules relating to waste management (Solid wastes, hazardous wastes, bio-medical wastes, CRZ Notification).
Unit-5: Common Law & Criminal Law Remedies for Environmental Problems: Nuisance, Negligence, strict liability and absolute liability. Provisions of IPC relating to environmental problems (public nuisance u/s 268 and others (Sections 269,270,277,284,285,286,425 to 44m Section 133 of Cr.P.C.
Unit-6: International Law and Environmental Protection: Stockholm Conference 1972, Rio
summit, 1992, UNEP, WSSD, 2002, Trail Smelter Arbitration.
Unit-7: Environment and Development Meaning and concept of development - Its impact on environment; conflict between environment and development, Concept of Sustainable Development. (Principles of integration, polluter pay principle, precautionary principle, interpenetrated equity). Public Trust Doctrine. people's movements (Chipko, Tehri, Silent valley and NBA) Land Acquisition for development projects - Social and legal problems. Unit-8: Judicial Activism and Environment: Public interest litigation for environmental
protection; landmark Judgments-(Reference cases; Bhopal case, Olium gas leakage case, Rural
Litigation and Entitlement Kendra, Dehradun. (Dehradoo case, (1985) Supp SCC 487). A.P
Pollution Control Board v. Prof M.V. Nayudu (1999) 2 SCC 718), Vellore Citizen Welfare
Forum v. Union of India, (1996) 5SCC 647), Ganga Pollution case (1988) 1 SCC ), Olga Tellis v. Bombay Muncipal Corporation ((1985) 3 SCCS 45). S. Jagannath v. UOI (1997) SCC867)
Samatha case, M.C.Mehta V. Kamalnath (1997) I SCC 388) and other latest landmarks judgments.
Books Recommended:
1. S.C.Sastry, Environmental Law
2. Tiwari, Environmental Law
3. S.Shanta Kumar, Environmental Law
4. Armin Rosencranz, Shyam Divan, Martha L. Noble: Environmental Law 5. Leela Krishna, P, The Evolving Environmental Law and Policy in India
6. Leela Krishna, P, Environmental Law
7. Paras Diwan, Environmental Law, Policy, Administration 8. Animal Laws of India, Maneka Gandhi, University Law Publishing Co. Pvt. Ltd.
**************************
Notes
**************************
5043 ENVIRONMENTAL LAW (Including Laws for The Protection of The Wild Life & other Living Creatures Including Animal Welfare)
Paper-III
Unit -1: Basic Aspects: Meaning and definition of environment and pollution, kinds of pollution. sources and consequences of pollution: Significance of environmental Law: Ancient Indian
Philosophy relating to environment protection.
Unit-2: Territory law, Constitution provisions concerning environment Articles 14,15,(2) (b) 19 (e),21,31,32,38,39,42,47, 48-A,49,51,51-A: Constitutional provisions about states powers concerning acquisition, regulation and distribution of natural resources (water, forests, mines, oil) with special emphasis on Arts 14, 15, 19, 31A, 31B, 31C, 39 (b) & (c): Union lists (Entries 6,52,56,57) State list (Entries 17,18,21,23) Concurrent List (Entries 17,17-1,178,18,20) of Ninth Schedule and land reforms, Abolition of intermediaries and land ceiling.
Unit-3: Primary Protective Laws: Water Act, 1974, Air Act, 1981, Environment (Protection) Act 1972 and Forest Act, 1927 and Forest Conservation Act, 1980, Biodiversity Act, 2002, NET 1995, NEAA 1997, Schedule Tribe (Forest Rights) Act. Act.
Unit-4: Secondary Laws noise pollution regulations: Environment Impact Assessment (EIA).
rules relating to waste management (Solid wastes, hazardous wastes, bio-medical wastes, CRZ Notification).
Unit-5: Common Law & Criminal Law Remedies for Environmental Problems: Nuisance, Negligence, strict liability and absolute liability. Provisions of IPC relating to environmental problems (public nuisance u/s 268 and others (Sections 269,270,277,284,285,286,425 to 44m Section 133 of Cr.P.C.
Unit-6: International Law and Environmental Protection: Stockholm Conference 1972, Rio
summit, 1992, UNEP, WSSD, 2002, Trail Smelter Arbitration.
Unit-7: Environment and Development Meaning and concept of development - Its impact on environment; conflict between environment and development, Concept of Sustainable Development. (Principles of integration, polluter pay principle, precautionary principle, interpenetrated equity). Public Trust Doctrine. people's movements (Chipko, Tehri, Silent valley and NBA) Land Acquisition for development projects - Social and legal problems. Unit-8: Judicial Activism and Environment: Public interest litigation for environmental
protection; landmark Judgments-(Reference cases; Bhopal case, Olium gas leakage case, Rural
Litigation and Entitlement Kendra, Dehradun. (Dehradoo case, (1985) Supp SCC 487). A.P
Pollution Control Board v. Prof M.V. Nayudu (1999) 2 SCC 718), Vellore Citizen Welfare
Forum v. Union of India, (1996) 5SCC 647), Ganga Pollution case (1988) 1 SCC ), Olga Tellis v. Bombay Muncipal Corporation ((1985) 3 SCCS 45). S. Jagannath v. UOI (1997) SCC867)
Samatha case, M.C.Mehta V. Kamalnath (1997) I SCC 388) and other latest landmarks judgments
Thursday, October 13, 2022
9.2 PRINCIPLES OF TAXATION LAW Silyabus
5042 PRINCIPLES OF TAXATION LAW
Paper-II
Unit-1: Constitutional Provisions- Arts. 265 to 289 Scope of Tax Laws: b. Tax and Fee.
Capital Receipt and Revenue Receipt distinguished.
Unit -2: BASICS AND DEFINITIONS - INCOME TAX ACT,1961: Background, Concept and Mechanism of Income Tax Definitions, Concept of Income, Previous Year, Assessment Year Distinction between Capital and Revenue Receipts and Expenditure, residential status, Basis of
Charge and Scope of Total Income.
Unit -3: INCOMES WHICH DO NOT FORM PART OF TOTAL INCOME: Difference
between exemption and deduction, Section 10 Deduction
Unit - 4: COMPUTATION OF TOTAL INCOME UNDER VARIOUS HEADS: Salaries, Income from House Property, Profit and Gains of Business or Profession, Capital Gains, Income from other sources (Practical' problems of each head and computation of total income for the purpose of Internal exam - 20 Marks).
Unit -5: INCOME OF OTHER PERSONS INCLUDED IN ASSESSE'S TOTAL INCOME: Aggregation of Income and Set Off or Carry Forward of Losses, Various deductions to be made in Computing Total Income, Rebates and Reliefs, Applicable Rates of Taxes and Tax
Liability.
Unit -6: TAXATION OF VARIOUS PERSONS: Individuals including Non-Residents,
Hindu Undivided Family, Firms, LLP, Association of persons, Cooperative Societies, Trusts
Charitable and Religious Institution.
Books Recommended:
I Dr. Vinod K. Singhania, Student Guide to Income Tax, Taxman.
2 Dr. Vinod K. Singhania, Direct Taxes Law & Practice, Taxman Allied Service Pvt. Limited.
3 Myneni S.R., aw of Taxation, Allahabad Law Series.
4 Kailash Rai, Taxation Laws, llahabad Law Agency.
5 Dr. Gurish Ahuja, Systematic Approach to Income Tax, Bharat Law House Pvt. Limited, Delhi
6 V.S. Datey: Law and Practice Central Salkes Tax Act, 2003, Taxman Publications.
7. Nani Palkivala: Income Tax, Butterworths Publications.
8. Dr. GK Pillai, VAT- A Model for Indian Tax Reforms
9. Naidu's Sales Tax Act
9.1 LAW OF EVIDENCE Notes
Silyabus
5041 LAW OF EVIDENCE. Paper - 1
Unit-1: Introductory: Conceptions of evidence in classical Hindu and Islamic Jurisprudence. The Introduction of the British "Principles" of evidence, The Main Features of the Indian Evidence Act, 1872. Applicability of Evidence Act, Administrative Tribunals, Industrial Tribunals, Commissions of Enquiry. Court-martial. Central Conceptions in Law of Evidence, Facts: Section 3 definition relevant facts/facts in issue, Evidence: Oral and documentary and real Primary and secondary evidence, Circumstantial Evidence and Direct and indirect Evidence,Hearsay Evidence, "proving" not proved and "disproving", Witness, Appreciation of Evidence Presumption (Section 4)
Unit-2: The Doctrine of Res Gestae (Sections 6,7,8). Test identification parade Sec.9), Evidence of Common Intention (Section 10). The problems of relevancy of "Otherwise Irrelevant Facts (Section 11), Proof of Custom (Section 13). Facts concerning state of body and mind (Sections 14,15 & 16).
Unit-3: Admissions and Confessions, General Principles concerning Admissions (Sections 17-23), Differences between "Admission" and "Confession". The problems of non-admissibility of confessions caused by, "any inducement, three or promises" (Section 24), Inadmissibility of confession made before
a police officer. (Section 25). Admissibility of "Custodial" Confessions (Section 26), Admissibility of information" received from an accused person in custody; with special reference to the problem of discovery based on "joint statement" (Section 27). Confession by co-accused (Section 30). The problems with the judicial action based on a "retracted confession".
Unit-4: Statement of persons who cannot be called as witnesses: Dying declarations: The justification for reliance on dying declarations (Section 32). The judicial standards for appreciation of evidentiary value of dying declarations. Other statements by persons who cannot be called as witnesses, Sections 32(2) to (8) and 33:
Unit-5: Relevance of judgments, general Principles (Sections 40-44), Admissibility of Judgments in Civil and Criminal matters (section 43), "Frand" and collusion" (Section 44)
Unit-6: Expert testimony: General principles (Sections 45-51). Who is on expert? Types of expert evidence, The problems with expert testimony. Evidence of character.
Unit-7: Oral evidence: general principles concerning Oral Evidence (Sections 59-60), exceptions to hearsay evidence.
Unit-8: Documentary evidence: General Principles concerning documentary evidence, primary and secondary evidence,(Ss. 61-66) Public document and private document Sections 74-78) General Principles Regarding Exclusion of Oral by Documentary Evidence (Sections 91-92)
attested documents (Ss 67-72) Ambiguous documents (S593-100) presumptions regarding documents (Ss 79-90).
Unit-9: Of Witnesses: Competency and compellability of witnesses, Examination of witnesses, Competency to testify (Section 118-122). Privileges of communications: matrimonial privileges(Section 122) State Privilege (Section 123), Professional Privilege (Sections 126,127,128). Accomplice (Section 133), General Principles of Examination (Sections 135 166), Leading Questions (Sections 141-143), Lawful Questions in Cross-Examination (section 146), Flostile witness (Section 154), Impeaching of the standing the credit of witnesses (Section 155), refreshing the memory (Sec. 164).
Unit-10: Burden of proof: The general conception of burden of proof (Section 101-104), General and Special Exceptions to burden of proof, Presumption as to dowry death (Sections 113-B), The Scope of the doctrine of judicial notice (Sections56-57) Facts admitted need not be proved (Sec 58).
Unit-11: Estoppel: What is Estoppel? Estoppel, Res judicata and w 90/102 Promissory Estoppel, (Secs. 115-117), Improper admission and of witness in civil and criminal cases.(S. 167)
Unit-12: Law Reform: Amendment to Indian Evidence Act by the IT Act, 2000.
Books Recommended:
1. Vepa P. Saradhi: Law of Evidence, Eastern Book Co., Lucknow
2. Batuk Lal: The Law of Evidence, Central Law Agency, Allahabad.
3. Avtar Singh: Principles of the Law of Evidence, Central Law Publications. 4. V. Krishnama Chary: The Law of Evidence, S.Gogia & Company, Hyderabad
5. M. Monir: Principles and Digest of the Law of Evidence, the Universal Book Agency,Allahabad.
9.1 LAW OF EVIDENCE Silyabus
Silyabus
******************************************
5041 Law Of Evidence.
Paper - 1
Unit-1: Introductory: Conceptions of evidence in classical Hindu and Islamic Jurisprudence. The Introduction of the British "Principles" of evidence, The Main Features of the Indian Evidence Act, 1872. Applicability of Evidence Act, Administrative Tribunals, Industrial Tribunals, Commissions of Enquiry. Court-martial. Central Conceptions in Law of Evidence, Facts: Section 3 definition relevant facts/facts in issue, Evidence: Oral and documentary and real Primary and secondary evidence, Circumstantial Evidence and Direct and indirect Evidence,Hearsay Evidence, "proving" not proved and "disproving", Witness, Appreciation of Evidence Presumption (Section 4)
Unit-2: The Doctrine of Res Gestae (Sections 6,7,8). Test identification parade Sec.9), Evidence of Common Intention (Section 10). The problems of relevancy of "Otherwise Irrelevant Facts (Section 11), Proof of Custom (Section 13). Facts concerning state of body and mind (Sections 14,15 & 16).
Unit-3: Admissions and Confessions, General Principles concerning Admissions (Sections 17-23), Differences between "Admission" and "Confession". The problems of non-admissibility of confessions caused by, "any inducement, three or promises" (Section 24), Inadmissibility of confession made before
a police officer. (Section 25). Admissibility of "Custodial" Confessions (Section 26), Admissibility of information" received from an accused person in custody; with special reference to the problem of discovery based on "joint statement" (Section 27). Confession by co-accused (Section 30). The problems with the judicial action based on a "retracted confession".
Unit-4: Statement of persons who cannot be called as witnesses: Dying declarations: The justification for reliance on dying declarations (Section 32). The judicial standards for appreciation of evidentiary value of dying declarations. Other statements by persons who cannot be called as witnesses, Sections 32(2) to (8) and 33:
Unit-5: Relevance of judgments, general Principles (Sections 40-44), Admissibility of Judgments in Civil and Criminal matters (section 43), "Frand" and collusion" (Section 44)
Unit-6: Expert testimony: General principles (Sections 45-51). Who is on expert? Types of expert evidence, The problems with expert testimony. Evidence of character.
Unit-7: Oral evidence: general principles concerning Oral Evidence (Sections 59-60), exceptions to hearsay evidence.
Unit-8: Documentary evidence: General Principles concerning documentary evidence, primary and secondary evidence,(Ss. 61-66) Public document and private document Sections 74-78) General Principles Regarding Exclusion of Oral by Documentary Evidence (Sections 91-92)
attested documents (Ss 67-72) Ambiguous documents (S593-100) presumptions regarding documents (Ss 79-90).
Unit-9: Of Witnesses: Competency and compellability of witnesses, Examination of witnesses, Competency to testify (Section 118-122). Privileges of communications: matrimonial privileges(Section 122) State Privilege (Section 123), Professional Privilege (Sections 126,127,128). Accomplice (Section 133), General Principles of Examination (Sections 135 166), Leading Questions (Sections 141-143), Lawful Questions in Cross-Examination (section 146), Flostile witness (Section 154), Impeaching of the standing the credit of witnesses (Section 155), refreshing the memory (Sec. 164).
Unit-10: Burden of proof: The general conception of burden of proof (Section 101-104), General and Special Exceptions to burden of proof, Presumption as to dowry death (Sections 113-B), The Scope of the doctrine of judicial notice (Sections56-57) Facts admitted need not be proved (Sec 58).
Unit-11: Estoppel: What is Estoppel? Estoppel, Res judicata and w 90/102 Promissory Estoppel, (Secs. 115-117), Improper admission and of witness in civil and criminal cases.(S. 167)
Unit-12: Law Reform: Amendment to Indian Evidence Act by the IT Act, 2000.
_______________________________________
Books Recommended:
1. Vepa P. Saradhi: Law of Evidence, Eastern Book Co., Lucknow
2. Batuk Lal: The Law of Evidence, Central Law Agency, Allahabad.
3. Avtar Singh: Principles of the Law of Evidence, Central Law Publications. 4. V. Krishnama Chary: The Law of Evidence, S.Gogia & Company, Hyderabad
5. M. Monir: Principles and Digest of the Law of Evidence, the Universal Book Agency,Allahabad.
*****************************************
Evidence law Notes (Paper I)
Unit-1:
_______________
Introductory: Conceptions of evidence in classical Hindu and Islamic Jurisprudence.
_______________
The Introduction of the British "Principles" of evidence, The Main Features of the Indian Evidence Act, 1872.
_______________
Applicability of Evidence Act, Administrative Tribunals, Industrial Tribunals, Commissions of Enquiry. Court-martial. Central Conceptions in Law of Evidence, Facts: Section 3 definition relevant facts/facts in issue, Evidence: Oral and documentary and real Primary and secondary evidence, Circumstantial Evidence and Direct and indirect Evidence,Hearsay Evidence, "proving" not proved and "disproving", Witness, Appreciation of Evidence Presumption (Section 4)
Unit-2: The Doctrine of Res Gestae (Sections 6,7,8). Test identification parade Sec.9), Evidence of Common Intention (Section 10). The problems of relevancy of "Otherwise Irrelevant Facts (Section 11), Proof of Custom (Section 13). Facts concerning state of body and mind (Sections 14,15 & 16).
Unit-3: Admissions and Confessions, General Principles concerning Admissions (Sections 17-23), Differences between "Admission" and "Confession". The problems of non-admissibility of confessions caused by, "any inducement, three or promises" (Section 24), Inadmissibility of confession made before
a police officer. (Section 25). Admissibility of "Custodial" Confessions (Section 26), Admissibility of information" received from an accused person in custody; with special reference to the problem of discovery based on "joint statement" (Section 27). Confession by co-accused (Section 30). The problems with the judicial action based on a "retracted confession".
Unit-4: Statement of persons who cannot be called as witnesses: Dying declarations: The justification for reliance on dying declarations (Section 32). The judicial standards for appreciation of evidentiary value of dying declarations. Other statements by persons who cannot be called as witnesses, Sections 32(2) to (8) and 33:
------------------
Unit-5: Relevance of judgments, general Principles (Sections 40-44), Admissibility of Judgments in Civil and Criminal matters (section 43), "Frand" and collusion" (Section 44)
-----------------
Section 40 (Indian Evidence Act, 1872):-
Section 41 (IEA )
Section 42 (
Section 43
Section 44
-----------------
Unit-6: Expert testimony: General principles (Sections 45-51). Who is on expert? Types of expert evidence, The problems with expert testimony. Evidence of character.
Section 45
Section 46
Section 47
Section 48
Section 49
Section 50
Section 51
_____________
Unit-7: Oral evidence: general principles concerning Oral Evidence (Sections 59-60), exceptions to hearsay evidence.
Section 59
Section 60
________
Unit-8: Documentary evidence: General Principles concerning documentary evidence, primary and secondary evidence,(Ss. 61-66) Public document and private document Sections 74-78) General Principles Regarding Exclusion of Oral by Documentary Evidence (Sections 91-92)
attested documents (Ss 67-72) Ambiguous documents (S593-100) presumptions regarding documents (Ss 79-90).
Unit-9: Of Witnesses: Competency and compellability of witnesses, Examination of witnesses, Competency to testify (Section 118-122). Privileges of communications: matrimonial privileges(Section 122) State Privilege (Section 123), Professional Privilege (Sections 126,127,128). Accomplice (Section 133), General Principles of Examination (Sections 135 166), Leading Questions (Sections 141-143), Lawful Questions in Cross-Examination (section 146), Flostile witness (Section 154), Impeaching of the standing the credit of witnesses (Section 155), refreshing the memory (Sec. 164).
Unit-10: Burden of proof: The general conception of burden of proof (Section 101-104), General and Special Exceptions to burden of proof, Presumption as to dowry death (Sections 113-B), The Scope of the doctrine of judicial notice (Sections56-57) Facts admitted need not be proved (Sec 58).
Unit-11: Estoppel: What is Estoppel? Estoppel, Res judicata and w 90/102 Promissory Estoppel, (Secs. 115-117), Improper admission and of witness in civil and criminal cases.(S. 167)
Unit-12: Law Reform: Amendment to Indian Evidence Act by the IT Act, 2000.
All ADR
1927
Total No. of Printed Pages: 01
SUBJECT CODE NO: 7127
FACULTY OF HUMANITIES
LL.B (Sem-VII)
Examinations March/April-2022 (To be held in June/July-2022)
ADR (Clinical Legal Edn.)
IMax. Marks:50
ITime: 3.45 Hours]
Please check whether you have got the right question paper.
Solve any five.
II. All questions carry equal marks.
N.B
I.
10
Q1 Define the term 'Arbitration' discuss the essential of Arbitration Agreement under the Arbitration
and conciliation act 1996.
92 What are the advantages of altemative dispute resolution system over court litigations?
10
Q3 Examine the role of Panchayat System as Alternative dispute Resolution system.
10
Q4 Define the provision relating to Conciliation of disputes arising out of legal relationship under the
Arbitration and conciliation act, 1996.
10
Q5 Explain the constitution and Jurisdiction of lok Adalat and and award of Lok adalat under legal
10
services Authorities act, 1987.
Q.6 Discuss the teritorial, Pecuniary revisional and appellate jurisdiction of the consumer disputes
10
redressal commission.
Q.7 Examine the provisions regarding the Administrative tribunal under Art. 323 (A) and 323 (B) of the 10
constitution and judicial review of their decisions.
O.8 Write note on any two.
LSettlement agrcement.
IL Costs and deposits
10
Termination of mandate of an arbitrator
V. International commerc
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