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.

9.5 Drafting. Pleading and Conveyance

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Silyabus

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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.

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Notes

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*(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

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Silyabus

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5044 LAND LAWS INCLUDING TENURE AND TENANCY LAW

Paper - 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

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Notes

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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

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Silyabus

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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.

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.

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Notes

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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

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 Silyabus

Silyabus

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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.

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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:

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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

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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.