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SEMESTER - VI
All Subject of SEMESTER six
6.1 Principles of Public Administration VI
6.2 Torts, Motor Vehicles Act and Consumer Protection Act
6.3 Family Law II (Succession)
6.4 Law of Contract II (Optional Legal)
6.5 Social Research Methods (Research methodology)
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5026 Principles of Public Administration VI
Paper - I
Nature and scope, relation with other social sciences a. Meaning, Nature and Scope of Public Administration
b. Relations with other social sciences; politics, sociology, economics and Law.
c. Difference between Public Administration and Private Administration and Private Administration. d. Evolution of Public Administration - Pub. Ad. in developed and developing countries.
Unit -2: Theories of Organization
a. Classical Theory
b. Scientific Theory and Human Relation Theory.
c. Principles of organization - Hierarchy, span of control, unity of command, centralization and decentralization; delegation of power.
Unit -3: Public Personal Administration
a. Concept and importance of Personal Administration. b. Methods and machinery of recruitment, training and development
c. Motivation d. Grievances and Human Relations
Unit -4: Structure of organization
a. Structure of organization: Chief executive types and functions of Chief executive
b. Control our Pub. Ad. : Legislative, Executive and Judiciary
c. Decentralized Administration - 73 and 74h Constitutional Amendments.
Unit -5: Financial Administration
a. Nature, scope and importance of financial administration. b. Agencies of Financial Administration.
c. Principles budgeting feature of good budget. d. Preparation and passing of budget.
e. Planning in India - Planning Commission /NITI Aayog / National Development Council.
Books Recommended:
1. Chaturedi (Ed.), Comparative Administration, IIPA, New Delhi. 2. Amreshwar Avasthi and SriramMaheshwari, Public Administration, Laxmi NarayanAgarwal Publishers, New Delhi
3. SriramMaheshwari, Indian Administration, Hyderabad Orient Longman, Hyderabad
4. Bhattacharya, Mohit, New Horizons of Pub. Ad., JawaharPublihsers, New Delhi 5. M. P. Sharma, B. L. Sharma, HarpreetKaur, Public Administration in Theory and Practice, Kitab Mahal Publishers, New Delhi 6. S. L. Goel, Advanced Public Administration, Second Edition, Deep and Deep Publication New Delhi.
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5027 TORTS INCLUDING MOTOR VEHICLES ACCIDENT AND CONSUMER PROTECTION LAW
Paper - II
Unit -1: Evolution of Law of Torts:, Its development by courts in England, Forms of Action, Emergence of specific remedies from case to case, Reception of Law of Torts in India, Principles of Equity, Justice and Good Conscience, Uncodified character-advantages and disadvantages. Unit -2: Definition, Nature, Scope and Objects: A Wrongful act-violation of a duty (in rem) imp osed by law, duty which is owed to people generally, Legal damage-Damnum sine injuria and Injuria sine damnum., Tort distinguished from Crime, Breach of Contract etc., The concept of unliquidated damages, Changing scope of Law of Torts: Expanding character of duties owed to people generally due to complexities of modern society-scientific and technological progress, industrialisation, urbanisation, specialization, occupational hazards, Objects-Prescribing stan dards of human conduct, redressal of wrongs by payment of compensation, proscribing unlawful conduct by injunctions.
Unit -3: Principles of Liability in Torts: Fault, Wrongful intent, Negligence, Liability without fault, Violation of Ethical codes, Statutory liability, Fatal Accidents Act, Railway Act, Work men's Compensation Act, Motor Vehicles Act, Carrier Act, Insurance Laws, Place of motive in Torts.
Unit -4: Justification in Torts: Volenti non fit injuria - What is free concent?: Informed consent,
mere knowledge and knowledge coupled with assumption of risk, Necessity, Private and Public,
Plaintiff's default,. Act of God and Inevitable Accident, Private defense, Statutory authori
zation, Judicial and Quasi-judicial Acts, Parental and quasi parental authority.
Unit- 5: Extinguishment of Liability in Certain situations: Death, actio personalis moritur cum persona Exceptions, Law Reform (Miscellaneous Provisions) Act. 1934, Waiver and acquies cence, Release, Accord and satisfaction, Limitation. Unit -6: Standing: Who may sue in torts, Aggrieved individuals, Class Action, Social Action Groups Statutes granting standing to certain persons groups, Who may not be sued Ambassadors, Lunatics, Infants. Unit- 7: Doctrine of Sovereign immunity and its Relevance in India: Liability of States Sovereign and non-sovereign functions, Crown Proceedings Act of U.K., Federal Tort Claims Act of U.S.A. Constitution of India, Arts 299 and 300, Act of State.,
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Unit -8: Vicarious Liability: Basis, scope and justification, Express authorization, Ratification, Abetment, Special Relationship, Master and servant-arising out of and in the course of employment who is master? - Control test who is servant? Borrowed servant Independent Contractor, Principal and Agent, Corporation and Principal Officer.,
Unit-9: Torts Against Persons and Personal Relations: Assault, Battery, Mayhem, False Imprisonment, Defamation-Libel, slander including law relating to privileges, Marital Relations, domestic Relations, parental Relations Master and Servant relations, Malicious prosecution, Shortened Expectation of life, Nervous shock, Defences.
Unit-10: Wrongs Affecting Property: Trespass to land, Trespass ab initio, Dispossession, Movable Property-Trespass to goods, Detinue, conversion, Torts against Business interests Injurious falsehood, misstatements, passing off, Defences.
Unit -11: Negligence: Basic concepts, Theories of Negligence,. Standards of care, Duty to take care carelessness inadvertence, Doctrine of contributive negligence, Res ipsa loquitor and its importance in contemporary, . Professional liability due to Negligence with special reference to consumer Protection Law.
Unit -12: Absolute/Strict Liability: The Rule in Ryland vs. Fletcher. Principle for application of these rules, Storing of dangerous things. Escape of dangerous things - application of principles in concrete cases of damage arising out of industrial activity. (The Bhopal Disaster, Oleam Gas Escape, Machua Dam Burst, M.C. Mehta Case, Nuclear Installations and their hazards),
Defences.. Liability under Motor Vehicle Act, Railway Act etc. Unit -13: Nuisance: Definition, Essentials, Types, Acts which constitute nuisance-obstructions
of highways, pollution of air, water, noise, interference with light and air.
Unit -14: Legal Remedies: Legal Remedies, Award of damages-simple, special, punitive, Remoteness of Damages-Foreseability and directness tests, Injunction, Specific Restitution of Property, Extra-Legal Remedies-self help, Re-entry in land, Recapture of goods, distress damage feasant abetment to nuisance.
Unit- 15: Judicial Process in Tort: Dilatoriness, Complicated rules of procedures and evidence, Experts in trial process, Reports of Testing labs, Court fees, Problems of access.
Unit -16: Tort and Consumer Protection Law: Duty to take care and liability for negligence: Manufacturers and traders and providers of services such as lawyers, doctors and other professional, Caveat emptor and caveat venditor, Deceit and false advertisement, Liability for
hazardous and inherently dangerous industrial activity,
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Product liability - EEC directives, Right to common property resources-right to pass and repass on pathways, Consumer Protection Act, 1986.
Unit-17: Motor Vehicles Act, 1988.
Books Recommended:
1. Winfield & Jolowicz: Tort, XII Edition, Sweet and Maxwell, London 1994
2. Salmond and Heuston: Law of Torts, India reprint Universal Books Traders,
New Delhi 1994.
3. Ramaswamy Iyer: The Law Torts
4. Achutan Pillai: The Law of Torts, Eastern Book Co., Lucknow. 5. Durga Das Basu: The Law of Torts, X Edition Prentice Hall of India, New Delhi
6. Ratna Lal & Dhiraaj Lal: The Law of Torts, Wadhwa & Company, Nagpur, 1992
7. R.K. Bangia: The Law of Torts, Allahabad Law Agency, Allahabad, 1999
8. J.N. Panday: The Law of Torts, Central Law Publications, Allahabad, 1999
9. Vivienne Harpwood: The Law of Torts, Cavandish Publishing Ltd., London, 1993
10. Hepple & Mathews: Tort - cases and materials, Butterworth, London, 1980. 11. D.N. Saraf, Law of Consumer Protection in India, MN Tripathi, Bombay.
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5028 FAMILY LAW - II (Testamentary and Intestate Succession)
Paper - III
Unit- 1: Concept of property: property concept, scope and evolution, New Property concepts,
Such As Skill, Job, etc. as new forms of property.
Unit-2: Inheritance: Hindus, historical perspective of traditional Hindu law as a background to the study of Hindu succession Act, 1956. Succession to property of a Hindu male dying intestate
under the provisions of Hindu Succession Act. 1956. Unit- 3: Devolution of interest in Mitakshara coparcenary with reference to the provisions of
Hindu Succession Act, 1956.
Unit- 4: Succession to property of Hindu female dying intestate under the Hindu succession Act. 1956. Disqualifications relating to succession, General Rules of Succession, Hindu Succession
amendment Act, 2005
Unit- 5: Disqualifications, general principles.
Unit- 6: Muslim Law of Inheritance and Succession, Rules governing Sunni and Shia law
of inheritance, Differences between Shia and Sunni Law, Administration of Estates, Wills under
Muslim Law.
Unit- 7: Indian Succession Act: Domicile, Intestate Succession, Will-Codicil, Interpretation
Revocation of Will, Bequests-conditional - contingent or void bequests, Legacies, Probate and letters of administration, Executor-administrators, Succession certificate.
References:
1. Tahir Mahmood: The Muslim Law of India, Law Book Company, Allahabad:
2 Aquil Ahmed: Text Book of Mohammadan
3. Prof. G.C.V. Subba Rao: Family Law in India, S. Gogia & Company, Hyderabad.
4. Asaf A.A. Fyzee: Outlines of Mohammadan Law, Oxford University Press Delhi.
6. Paras Divan: Family Law (Hindu, Muslim, Christian, Parsi and others) Allahabad Law Agency, Allahabad.
7. M.A. Qureshi: Text Book on Muslim Law,, Central Law Publications, Allahabad. 8. Hidayatullah : Mulla Principles of Mohammadan Law, (4th reprint), N.M. Tripathi Private
Limited, Bombay.
9. Tondon M.P.: Muslim law in India, Allahabad Law Agency, Allahabad.
10. Prasad V.: The Indian Succession Act, 1982, Allahabad Law Agency, Allahabad.
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5029 LAW OF CONTRACT II (SPECIAL CONTRACTS)
(Optional Legal)
Paper - IV
Unit-1 Indemnity and Guarantee: Indian Contract Act, 1872, Contract of Indemnity and guarantee (Secs. 134, 127); Definition, Rights to Indemnity holder, Liability of the Indemnifier, Contract of Guarantee, Definition of Guarantee, Essential characteristics of contract of Guarantee, Distinction between contract of indemnity and contract of Guarantee, Kinds of guarantee, Rights and liabilities of surety, Discharge of surety, Contract of Bailment (Secs. 148 181 of Indian Contract Act, 1872).
Unit-2: Bailment: Definition, Essential requisites of Bailment, Kinds of Bailment, Rights and Duties of Bailor and Bailee, Termination of Bailment, Pledge, Definition, Rights and duties of Pawn or and Pawnee, Pledge by Non Owners. Unit-3: Contract of Agency: (Secs. 182-238 of the Indian Contract Act 1872), Definition of
Agent, Creation of Agency, Rights and duties of Agent, Delegation of authority, Personal
liability of Agent, Relations of Principal with Third parties, Termination of Agency.
Unit-4: Contact of Sale of Goods: (The Indian Sale of Goods Act, 1934), Formation of Contract, Subject-matter of Contract of Sale, Conditions and Warranties, Express and implied conditions and warranties, Caveat Emptor, Property, Possession and risk, Passing of Property, Sale of non-owners, Delivery of goods, Rights and duties of Seller and buyer before and after sale,
Rights of unpaid seller.
Unit-5: Contracts of Partnership: (The Indian Partnership Act, 1932). Definition and nature of Partnership, Formation of Partnership. Test of Partnership, Partnership and other associations, Registration of Firm, Effect of non registration, Relation of Partners, Rights and duties of Partners, Properties of the Firm, Relation of Partners to third parties, Implied authority of a partner, Kinds of partners, Minor as partner, Reconstitution of a firm, Dissolution of firm.
Unit-6: Hire purchase
Unit-7: Negotiable Instruments Act, 1881: Definition of negotiable instrument, essential features of promissory note, bill of exchange and cheque, holder, holder in due course, payment
in due course, dishonor of cheque.
References:
1. Anson's Law of Contract, Oxford University Press, London
2. Venkatesh Iyer: The Law of Contracts and Tenders. Gogia & Co., Hyderabad3. Cheshire & Fifoot: Law of Contract, Buttersworth, London,
4. Mulla: The Indian Contract Act, N.M. Tripathi (P) Ltd. Bomb
5. G.C.V. Subba Rao: Law of Contract, S. Gogia & Co., Hyderab
6. K. Krishnan Nair: Law of Contract, S. Gogia & Company, Hyderab
7. Avtar Singh: Law of Contract, Eastern Book Company, Luckno
8. A. Ramaiah's Sale of Goods Act, 4th Edition 1998, The Law Book Co. Allahabad 9. Benjamins Sale of Goods, Ist Edition. 1978, Sweet & Maxwell, Lond
10. P.S. Atiyah: Sale of Goods Act 1997, Universal Book Traders, Delhi 11. Chales D. Drale: Law of Partnership, Sweet & Maxwell, Londononw,adaday
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5030 SOCIAL RESEARCH METHODS
(Research Methodology
(Optional Legal)
Paper - V
Unit- 1: Introduction to Social Research Philosophy of Social Research Social research meaning and significance Types of social research - pure and applied research Values and ethics in social research.
Unit-2: Research Methods
a) Socio Legal Research
b) Doctrinal and non-doctrinal
c) Relevance of empirical research
d) Induction and deduction
Unit- 3: Identification of Problem of research
a) What is a research problem?
b) Survey of available literature and bibliographical research.
i) Legislative materials including subordinate legislation, notification and policy
statements
ii) Decisional materials including foreign decisions; methods of discovering the "rule of the case" tracing the history of important cases and ensuring that these have not been over-ruled; discovering judicial conflict in the area pertaining to the research problem and
the reasons thereof.
iii) Juristic writings a survey of juristic literature relevant to select problems in India
and foreign periodicals.
iv) Compilation of list of reports or special studies conducted relevant to the problem.
Unit- 4: Preparation of the Research Design a) Formulation of the Research problem
b) Devising tools and techniques for collection of data : Methodology
i) Methods for the collection of statutory and case materials and juristic literature iv)Use of questionnaires/interview
ii) Use of historical and comparative research materials
iii) Use of observation studies
v) Use of case studies
vi) Sampling procedures - design of sample, types of sampling to be adopted.
vii) Use of scaling techniques Law
viii) Jurimetrics
c) Computerized Research - A study of legal research programmes such as Lexis and West
law coding
Unit- 5:Classification and tabulation of data - use of cards for data collection Rules for tabulation. Explanation of tabulated data & Analysis of data research - presentation and interpretation Qualities of good research report
Unit- 6: Report Writing: Importance of report writing Writing qualitative and quantitative
References:
1. Ahuja, Ram. 2007, Research Methods. Rawat Publication. Jaipur.
2. Bhandarkar, P. L. and Wilkinson. 2007, Methodology and Techniques of Social Research, Himalaya
Publishing House, New Delhi.
3.Bryman, Alan. 2008. Social Research Methods, Oxford University Press.
4.Goode and Hatt. 2006, Methods in Social Research. Surjeet Publication, New Delhi.
5. Haralambos, and Holborn 2007, Sociology: Themes and Perspectives, London: Collins. 6.Newman, Lawrence.2011. Social Research Methods: Qualitative and Quantitative Approaches, Pearson
Education.
7.Beteille A and T.N. Madan 1975 Encounter and Experience Personal Accounts of Fieldwork, New
Delhi: Vikas Publishing House.
8.Garrett Henry 1981 Statistics in Psychology and Education David Mckay Indian Publication. 9.Mrs. A.F. Sheikh for Vakils, Bombay, Tenth Reprint.
10. Jayaram. N. 1989, Sociology Methods and Theory, Madras : Mac Millian.
11. Kothari C.R. 1989. Research Methodology : Methods and Techniques, Bangalore, Wiley Eastern. 12. Punch, Keith 1996. Introduction to Social Research, London: Sage.
13. Shipman Martin 1988. The Limitations of Social Research, London: Sage.
14. Srinivas, M.N. and A.M. Shah, 1979, Fieldworker and The Field, Delhi : Oxford. 16. M.O.Price, H.Bitner and Bysicwiez, Effective Legal Research (1978) 21. Erwin C. Surrency, B.Fielf and J. Crea, A Guide to Legal Research (1959)
15. Young. P.V. 1988, Scientific Social Surveys and Research, New Delhi: Prentice Hall.
17. Pauline V. Young, Scientific Social Survey and Research, (1962)
18. William J. Grade and Paul K. Hatt, Methods in Social Research, Mc Graw-Hill Book Company,
London
19. H.M.Hyman, Interviewing in Social Research (1965)
20. Payne, The Art of Asking Questions (1965)
22. Morris L. Cohan, Legal Research in Nutshell, (1996).
23. West Publishing Co. Havard Law Review Association, Uniform System of Citations.
24. ILI Publication. Legal Research and Methodology.
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