3-Year LL.B. (Hons.) Course 1 st Semester PAPER-I CONSTITUTIONAL LAW OF INDIA I

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1 3-Year LL.B. (Hons.) Course 1 st Semester PAPER-I CONSTITUTIONAL LAW OF INDIA I Unit - I a. Nature of Indian Constitution b. Salient Features of Indian Constitution c. Preamble Unit - II a. Union and its Territory b. Citizenship at the commencement of the Constitution c. Citizenship under the Indian Citizenship Act 1955 Unit - III a. Provision relating to State; Laws inconsistent with Fundamental Rights b. Right to Equality c. Right to Freedom Unit - IV a. Right against exploitation; Right to freedom of Religion b. Cultural and Educational Rights c. Right to Constitutional Remedies Unit - V a. Meaning, Nature and Object of Directive Principles of State Policy b. Inter-relationship between Fundamental Rights and Directive Principles c. Fundamental Duties 1. Constitution of India by H.M.Seervai 2. Constitution of India by D.D.Basu 3. Constitutional Law of India by J.N.Pandey 4. Constitutional Law of India by V.N.Shukla 5. Constitutional Law of India by M.P.Singh 6. Indian Constitutional Law by M.P.Jain

2 PAPER-II LAW OF CONTRACT I Unit - I a. Proposal General offer & Invitation to Offer, Communication and Revocation of Proposal. b. Acceptance Communication of Acceptance and Revocation of Acceptance c. Essential Elements of Consideration Unit - II a. Capacity to Contract b. Free Consent c. Agreement in Restraint of Trade Unit - III a. Performance of Contract b. Discharge of Contract by Anticipatory Breach of Contract. c. Discharge of Contract by Frustration Unit - IV a. Quasi Contract b. Damage (Meaning, Nature, Measurement of Damage) c. Kinds of Damage (Liquidated Damage & Penalty) Unit - V a. Specific Relief Meaning, Nature b. Contracts which may be specifically enforced and which cannot be specifically enforced c. Power of Court to award Compensation 1. Anson s-law of Contract 2. Indian Contract Act (2 vol) by Pollock and Mulla 3. Pollock and Mulla on the Indian Contract & Specific Relief Act by J.L.Kapur 4. Law of Contract by R.K.Bangia 5. Law of Contract by Avtar Singh 6. The Specific Relief Act by Pallavi. S. Desai 7. The Specific Relief Act by Justice Rajesh Tandon

3 PAPER-III LAW OF CRIMES (IPC) I Unit - I a. Definition, Stages & Mental Elements. b. Territorial Extentability and Joint liability, Punishment c. General Exception (Mistake, Accident, Necessity, Infancy, Insanity, Drunkenness consent and Right of Private defence) Unit - II a. Abetment, Criminal Conspiracy b. Sedition, Unlawful Assembly, Riot, Affray c. Fabricating False Evidence, Perjury, Rush & Negligent Driving Unit - III a. Culpable Homicide, Murder, Negligent Homicide b. Dowry Death, Abetment and Attempt of Suicide. c. Attempt to Commit Murder, Hurt Unit - IV a. Wrongful Restraint & Wrongful Confinement b. Criminal Force & Assault c. Kidnapping & Abduction, Rape & Unnatural Offence Unit - V a. Theft, Extortion, Robbery, Dacoity b. Criminal Misappropriation (403), Criminal Breach of Trust ( ), Cheating, Mischief, Fraud c. Criminal Trespass, Adultery, Bigamy, Cruelty, Defamation, Criminal intimidation, Attempt 1. The Indian Penal code by Ratanlal & Dhirajlal 2. Penal law of India by H.S.Gour 3. Outlines of Criminal Law by Kenny 4. Essay on Indian Penal Code 5. Indian Penal Code by Prof.S.N.Mishra 6. Indian Penal Code by R.N. Saxena 7. Indian Penal Code by M.P. Tandon 8. Principles of Penal Code by Dr.R.G.Cheturvedi

4 PAPER-IV PROPERTY LAWS -I Unit - I a. Property defined, What may be transferred, Oral transfer, Condition restraining alienation (Sec- 10, 11 &12) b. Transfer for benefit of unborn person, Rules against Perpetuity(Sub-Sec-13&14) c. Vested Interest, Contingent Interest, Election when necessary (Sec-35) Unit - II a. Transfer by Ostensible Owner (Sec-41), Feeding the estoppel by Grant (Sec-43) b. Part Performance; Sale of Immovable property (Sec-54) c. Exchange of Property (Sec-118 & Sec-119) Unit - III a. Mortgage, Kinds of Mortgage b. Right of Redemption (Sec-60) c. Right of Foreclosure or Sale (Sec-67) Unit - IV a. Marshalling Securities (Sec-81) b. Contribution to Mortgage- debt(sec-82) c. Subrogation (Sec-92) Unit - V a. Leases of Immovable Property (Sec-105), Distinction between lease & licence Duration of Lease (Sec-106), Lease how made (Sec-107), Determination of leases (S-111) b. Gifts (Sec-122), How effected (Sec-123), When gift may be Suspended or Revoked (Sec-126) c. Transfer of Actionable Claim (Sec-130 to Sec 132) 1. Row s Transfer of Property Act by Justice S.N. Dwivedi 2. The Transfer of Property Act by Mulla 3. Law on Transfer of Property by G.V. Subba Rao 4. The Transfer of property Act by S.N.Shukla 5. The Transfer of property Act by Krishna menon 6. The Transfer of property Act by R.K. Sinha 7. The Transfer of property Act by G.P.Tripathy

5 PAPER-V JURISPRUDENCE - I Unit I Introduction a. Definition of Law b. Nature and Scope of Jurisprudence c. Relation between Jurisprudence and other Sciences Unit II Schools of Jurisprudence - I a. Natural Law b. Austin s Theory of Law c. Kelson s Pure Theory of Law Unit III Schools of Jurisprudence - II a. Historical Approach Von Savigny Henry Maine b. Sociological approach R. Pound c. Realistic Approach Unit IV Source of Law a. Custom b. Precedent c. Legislation Unit V Concept of Law a. Rights and Duties b. Ownership and Possession c. Personality 1. Jurisprudence by Salmond 2. Jurisprudence by Sethana 3. A text book of Jurisprudence by G.W.Paton 4. Jurisprudence by S.N.Dhyani 5. Jurisprudence & Legal Theory by B.N. Mani Tripathy 6. Jurisprudence & Legal Theory by G.C.Venkata Subbarao

6 PAPER-VI PROFESSIONAL ETHICS AND PROFESSIONAL ACCOUNTANCY - I Full Marks 70 Unit I Development of Legal profession in India a. Importance of Legal Profession b. Legal Profession during British Period c. Admission, Enrolment and Rights of Advocates Unit II Bar Councils a. State Bar Council : Establishment and Power & Function b. Establishment and Organisation of Bar Council of India c. Power & Functions of Bar Council of India Unit III Ethics of Legal Profession a. Meaning, Nature and Need of Legal Ethics b. Duty of Court and Client c. Professional Misconduct and its violation thereof Unit IV Bar Bench Relation a. Duties of Judges in Administration of Justice b. Duties of Advocates in Administration of Justice c. Rights and Privileges of Advocates Unit V Contempt of Court a. Meaning, Nature and Category b. Constitutional Validity c. Punishment for Contempt of Court and Remedies against the Punishment 1. Professional Ethics, Accountancy for Lawyers, Bench-Bar-Relations by Dr.S.P. Gupta 2. Professional Ethics, Accountancy for Lawyers, Bench-Bar-Relations by Dr. Kailash Rai 3. Contempt of Courts Act

7 Unit-I Unit-II Indian Union 3-Year LL.B. (Hons.) Course 2 nd Semester PAPER-I CONSTITUTIONAL LAW OF INDIA II a. The Executive (The President) & the Council of Ministers b. Union Parliament formation, Law Making Procedures, Powers, privileges and Immunities of Parliament and its Members c. The Union Judiciary The States a. The Governor b. State Legislature Powers, privileges and Immunities of state legislatures and their Members c. The High Courts Unit-III Federal System a. Centre-State Relations b. Freedom of Trade and Commerce c. Elections-Constitution, Powers and function of Election Commission Unit-IV Unit-V Miscellaneous provisions-i a. Judicial Review and Judicial Activism b. Tribunal Justice Delivery System c. Liability of State under contracts and Torts Miscellaneous Provisions-II a. Emergency Provisions b. Services under the Union and the States c. Amendment of the Constitution 1. Constitution of India by H.M.Seervai 2. Constitution of India by D.D. Basu 3. Constitutional Law of India by J.N.Pandey 4. Constitutional Law of India by V.N.Shukla 5. Constitutional Law of India by M.P.Singh 6. Indian Constitutional Law by M.P.Jain

8 Unit-I PAPER-II SPECIFIC CONTRACTS/ SALE OF GOODS AND PARTNERSHIP Indemnity and Guarantee a. Indemnity- meaning, Rights of Indemnity Holder. Difference between Indemnity and Guarantee. b. Guarantee- Definition and essential features. c. Nature and Quantum of Surety s liability, Discharge of surety from liability Unit-II Bailment and Pledge a. Meaning of Bailment, essentials of Bailment, Distinction between Bailment and Pledge b. Rights and duties of Bailer and Bailee. c. Pledge-Meaning, Rights and Duties of Pawner and Pawnee Unit-III Agency a. Definition & Essentials of Agency, kinds of Agents. b. Rights and duties of an agent, Determination of Agency. c. Relation of Principal with third parties Unit-IV Sale of Goods Act-1930 a. Definition and essentials of sale, Distinction between sale and Agreement to sale, sale and hire purchase agreement b. Conditions and warranty c. Passing of property, Transfer of title. Unit-V Indian Partnership Act, 1930 a. Definition of Partnership, Distinction between partnership and company, partnership and Hindu undivided family. b. Rights and duties of Partners inter se, minor as a partner. Relation of partners to third parties. c. Registration and Dissolution of a Firm. Books for Reference 1. Law of Contract by Avtar Singh 2. Law of Contracts by R.K.Bangia 3. Indian Contract Act.by Pollock and Mulla 4. Law of Contract-I & II by S.S.Srivastava 5. Lindley on Partnership.

9 PAPER-III CR.P.C. Unit- I a. Definitions b. Constitution of Criminal Courts c. Power of Courts and its Jurisdiction in inquiries & trial; Unit- II a. Processes to compel appearance b. Processes to compel production of things. c. Bail provisions; Unit-III a. Information to the police and their powers to investigate. b. Security Proceedings; c. Maintenance of Public order & tranquillity, Conditions requisite for invitation of proceedings, Complaint to Magistrates, and commencement of proceedings before Magistrates. Unit-IV a. Charge b. Evidence in inquiries and trials, General provisions as to inquiries and trials. c. Trial of cases (Warrant-cases, summons cases, Summons trial, Before a Court of Session, Plea Bargaining. Unit-V a. Execution, Suspension, Remission and commutation of sentences. b. Appeals, Reference & Revisions c. Transfer of Criminal cases; Limitation for taking of resonance, Order for maintenance of arises, children and parents. Books for Reference 1. Code of Criminal Procedure by Tatanlal & Dhirojlal (St.Edu) 2. Code of Criminal Procedure by D.D.Mitra 3. Code of criminal Procedure by Nand lal 4. Code of Criminal Procedure by Iyer 5. Code of Criminal Procedure by S.N.Mitra

10 PAPER-IV EVIDENCE ACT Unit-I a. Evidence, kinds of Evidence-(Direct, Hearsay), circumstantial evidence; proved, disproved, not proved; may presume, shall presume, conclusive proof; b. Relevancy of facts connected with the facts in issue Relevancy of admissions and confession c. Relevancy of statements made by persons who can not be called as witnesses. Unit-II a. Judgment in REM Judgement when liable to be impeached b. Opinion of experts (S.45); Opinion as to handwriting, when relevant c. Relevancy of character in civil proceedings Relevancy of character in criminal proceedings Relevancy of previous bad character Unit-III a. Facts of which court must take judicial notice, Facts admitted need not be proved, Proof of Facts by oral evidence; b. Proof of contents of documents; Primary evidence; Secondary evidence; c. Public documents, Private document, Presumption of documents 30yrs. Old. Unit-IV a. Exclusion of oral by documentary evidence. b. Burden of Proof (S.101): Burden of proving death of a person known to have been alive within 30yrs; Burden of proving that a person is alive who has not been heard for seven years; Birth during marriage conclusion proof of legationary. c. Estoppels; kinds of estoppels. Unit-V a. Competency of witness; Communication during marriage; official communication, Professional communication. b. Accomplice witness, Number of witnesses impeaching credit of witness. c. Examination in Chief, cross examination and Re-examination leading questions. Books for Reference 1. The Law of Evidence by Ratanlal & Dhiraj Lal (St. Edu.) 2. The of Evidence by Sarkar 3. The Law of Evidence by S.L.Phipson 4. The Law of Evidence by Best.

11 PAPER-V LAW OF TORTS Unit- I a. Development of law of torts in England and India, Definition of Tort b. Tort distinguished from contrast, quasicontrast, crime c. Constituents of Tort and Mental element in Tort ions liability. Unit-II a. General defence (i) violent manful injuries, (2) Act of god (3) Inevitable accident, (4) Necessityprivate defence b. Capacity to sue and be sued c. Liability of state and sovereign immunity. Unit-III a. Vicarious liability. b. Strict liability and Absolute liability c. Remedies (1) Bam ayes, Remote nothing damage, injunction, extra legal remedies. Unit-IV a. Defamation b. Assault and Battery, False Imprisonment-Malicious Prosecution c. Trespass- To land, goods, Unit-V a. Nuisance b. Negligence c. Contributory Negligence Books for Reference 1. Torts-by Wenfield 2. Law of Torts- by R.K.Bangin 3. Law of Torts- by S.P.Singh 4. Law of Torts- by N.V.Paranjape 5. The Law of Torts- by M.N.Shukla

12 PAPER-VI ALTERNATIVE DISPUTE RESOLUTION Unit-I a. Concept and need of ADR, Development of Law of Arbitration in Indian b. Advantages and limitation of ADR, c. Different Techniques of ADR-Arbitration, conciliation, mediation, Negotusion of lok adalats difference between as ADR Unit-II a. Arbitration Agreement, b. Composition Arbitral Tribunal, Jurisdiction of Arbitral Tribunal. c. Duties and Responsibility of Arbitral Tribunal, Challenge to an arbitrator. Unit-III a. Conduct of Arbitral Proceedings. b. Making of Arbitral Award and Termination of Proceedings. c. Recourse against Arbitral Award, Finality and Enforcement Arbitral award, Appeal Unit-IV a. Enforcement of Foreign Award, Newyork convention b. Nature, scope and methods of conciliation c. Commencement of conciliation Proceeding, Appointment of conciliators and Role of conciliators Unit-V a. Characteristics and purpose of Lok adalat system b. Organisation and Function of Lok adalats (district, state & National level conciliation. c. Permanent Lok adalats, Advantages and Disadvantages of Lok adalats. Books for Reference 1. Attractive Dispute Resolution- by Rao and She field 2. Arbitration and conciliation Act by Johari 3. Arbitration and conciliation- by S.C.Tripathy 4. Teriboolon Arbitration & conciliation with Attractive dispute-by M.Sahary 5. Legal service Authorities Act Arbitration & conciliation and Alternates dispute resolution system- by S.R. Hynens

2. Venkatesh Iyyer: The Law of Contracts and Tenders, Gogia & Company Hyderabad.

2. Venkatesh Iyyer: The Law of Contracts and Tenders, Gogia & Company Hyderabad. FACULTY OF LAW, OSMANIA UNIVERSIT SYLLABUS OF LL.B. (3YDC) THREE-YEAR DEGREE COURSE WITH EFFECT FROM 2009-2010 LL.B. II SEMESTER PAPER I: LAW OF CONTRACT II Unit-I : Indemnity and Guarantee - Contract