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karnataka state law university llb, Lecture notes of Law

kslu latest SYLLABUS for llb 2017 batch

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2018/2019

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KARNATAKA STATE LAW UNIVERSITY SYLLABUS
COURSES PRESCRIBED FOR 3 YEAR LL. B. DEGREE COURSE
I Semester:
Course I Contract-I
Course-II Constitution
Course-III Law of Torts
Course-IV Family Law-I: Hindu Law
Course-V Criminal Law-I: Indian Penal Code
II Semester:
Course-I Contract-II
Course-II Company Law
Course-III Property Law
Course-IV Administrative Law
Course-V Family Law –II: Mohammedan Law & Indian Succession Act
III Semester:
Course-I Environmental Law
Course-II Labour Law
Course-III Criminal Law-II: Criminal Procedure Code, JJ Act & Probation of
Offenders Act
Course-IV Jurisprudence
Course-V Clinical Course-I: Professional Ethics and Professional
Accounting System
IV Semester:
Course-I Public International Law
Course-II Optional-I: Human Rights Law and Practice / Insurance Law
Course-III Optional-II: Banking Law / Right to Information
Course-IV Clinical Course-II: Alternative Dispute Resolution Systems
V Semester:
Course-I Civil Procedure Code and Limitation Act
Course-II Optional-III: Intellectual Property Rights-I / Penology &
Victimology
Course-III Optional-IV: Interpretation of Statutes & Principles of Legislation
/ Competition Law
Course-IV Clinical Course-III: Drafting, Pleading and Conveyance
VI Semester:
Course-I Law of Evidence
Course-II Taxation
Course-III Optional – V: Intellectual Property Rights-II / White Collar
Crimes
Course-IV Optional – VI: Women and Criminal Law & Law relating to child
/ International Trade Economics
Course-V Clinical Course-IV: Moot Court exercise and Internship
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KARNATAKA STATE LAW UNIVERSITY SYLLABUS

COURSES PRESCRIBED FOR 3 YEAR LL. B. DEGREE COURSE

I Semester: Course I Contract-I Course-II Constitution Course-III Law of Torts Course-IV Family Law-I: Hindu Law Course-V Criminal Law-I: Indian Penal Code II Semester: Course-I Contract-II Course-II Company Law Course-III Property Law Course-IV Administrative Law Course-V Family Law –II: Mohammedan Law & Indian Succession Act III Semester: Course-I Environmental Law Course-II Labour Law Course-III Criminal Law-II: Criminal Procedure Code, JJ Act & Probation of Offenders Act Course-IV Jurisprudence Course-V Clinical Course-I : Professional Ethics and Professional Accounting System IV Semester: Course-I Public International Law Course-II Optional-I : Human Rights Law and Practice / Insurance Law Course-III Optional-II : Banking Law / Right to Information Course-IV Clinical Course-II : Alternative Dispute Resolution Systems V Semester: Course-I Civil Procedure Code and Limitation Act Course-II Optional-III : Intellectual Property Rights-I / Penology & Victimology Course-III Optional-IV : Interpretation of Statutes & Principles of Legislation / Competition Law Course-IV Clinical Course-III : Drafting, Pleading and Conveyance VI Semester: Course-I Law of Evidence Course-II Taxation Course-III Optional – V : Intellectual Property Rights-II / White Collar Crimes Course-IV Optional – VI : Women and Criminal Law & Law relating to child / International Trade Economics Course-V Clinical Course-IV : Moot Court exercise and Internship

SYLLABUS PRESCRIBED FOR 3 YEAR LL. B. DEGREE COURSE

I SEMESTER:

COURSE I: CONTRACT-I: GENERAL PRINCIPLES OF CONTRACTS

Objectives:

Contracts are at the basis of majority of transactions especially transactions dealing with the property. Whether the transaction is in the ordinary course of life or in the electronic world (e-commerce) the general principles governing contracts remain same. For this reason it is very important to introduce the students to the basic principles governing contracts and lay a powerful foundation for their study of other transactional and related laws in higher semesters.

Course contents:

UNIT – I

History – Formation of Contract – Agreement and Contract – Definitions – Classification

  • Offer and Acceptance – Communication – Revocation – Essential elements – Invitation to Offer – Tenders.

Consideration – Nudum Pactum - Essential elements – Privity of Contract and of Consideration – Exceptions – Unlawful Consideration and its effect.

Contractual Ability – Electronic Documents as Web Pages – Digital Certificates as Entry Passes – Time and Place of Contract – Secured Custody of Electronic Records.

UNIT – II

Capacity to Contract – Minor’s Agreements and its effects – Persons of unsound mind – Persons disqualified by Law.

Free Consent – Coercion - Undue influence – Misrepresentation – Fraud – Mistake – Legality of Object – Void Agreements – Agreements against Public Policy – Wagering Agreements – Its exceptions – Contingent Contracts.

UNIT – III

Discharge of Contracts and its various Modes – by performance – Time and place of performance – Performance of reciprocal promises - Appropriation of Payments – Discharge by Agreement – By operation of Law – By frustration (Impossibility of Performance) – By Breach (Anticipatory and Actual).

UNIT – IV

Remedies for Breach of Contracts – Damages – Remoteness of damages – Ascertainment of damages -Injunction – When granted and when refused– Restitution – Specific performance when granted – Quasi Contracts.

Judicial process under the Constitution, Nature of Judicial Review, Judicial Review- Arts.32, 226 and 227, Court system in India, Judges- Appointments, conditions of service, etc., Advisory Jurisdiction of the Supreme Court, Public Interest Litigation, Activism v. Restraint.

UNIT-IV

Federalism, Center-State Relations, Freedom of Inter State Trade, Methods of Constitutional Amendment, Limitation on Constitutional Amendment.

UNIT-V

Emergency provisions, Services under the State, State Liability.

Prescribed Books : Jain M.P. - Indian Constitutional Law.

Reference Books: Seervai H.M. - Constitutional Law of India (3 Volumes). Shukla V.N. - Constitution of India. Basu D.D. - Shorter Constitution of India Basu D.D. - Shorter Constitution of India. Austin Granville- The Indian Constitution: Corner Stone of a Nation

COURSE-III: LAW OF TORTS

Objectives:

This course is designed to study the principles of Tortious liability, the defences available in an action for torts, the capacity of parties to sue and be sued and matters connection there with. Further, this course is designed to study specific torts against the individual and property. With rapid industrialization, inadequacy of the law to protect the individual is exposed. An attempt shall be accorded to the individuals against mass torts and industrial torts. Keeping in the expensive character of judicial proceedings the students should reflect on the alternative forms, and also the remedies provided under the Consumer Protection Act, 1986.

Course contents:

UNIT-I

Evolution of law of torts- Nature and scope of law of torts- Meaning- Torts distinguished from Contract- Crime- Development of Ubi jus ibi Remedium - Mental elements- Intention, Motive, Malice in Law and in Fact.

UNIT-II

General Defences, Vicarious Liability.

UNIT-III

Negligence; Nuisance; Absolute and Strict liability.

Legal Remedies-Awards-Remoteness of damage.

UNIT-IV

Torts against person: Torts affecting body- Assault, Battery, Mayhem and False Imprisonment; Torts affecting reputation-Libel and Slander, Torts affecting freedom- Malicious Prosecution, Malicious Civil Action and Abuse of Legal Process; Torts affecting domestic and other rights-Marital Rights, Parental Rights, Rights to Service, Contractual Rights, Intimidation and Conspiracy; Torts against property.

UNIT- V

Consumer Protection Act, 1986

Prescribed Books: Ratanlal and Dhirajlal- Law of Torts. Singh Gurubax- Law of Consumer Protection.

Reference Books: Winfield and Jolowicz- Tort. Hepple and Mathews- Tort: Cases and Materials Baxi Upendra and Danda Amita- Valiant victims and Lethal Litigation-The Bhopal Case, 1990 Salmond- On Torts. Avtar Singh - The law of Torts. D. N. Saraf - Law of Consumer Protection in India.

COURSE-IV: FAMILY LAW-I: HINDU LAW

Objectives:

The knowledge of family laws is important for lawyers. This course is designed to endow the students with knowledge of both the codified and uncodified portions of Hindu law. The course concerns itself with the sources, schools, institutions, succession, maintenance, menace of dowry, etc.

Course contents:

UNIT – I

Introduction - Concept of Dharma - Sources of Hindu Law – Modern and Ancient - Importance of Dharma Shastra on Legislation – Two Principal Schools of Hindu Law - Application of Hindu Law.

UNIT – II

Marriage and Kinship - Evolution of the Institution of Marriage and Family- Law Prior to Hindu Marriage Act -A detailed study of Hindu Marriage Act, 1955 -Matrimonial Remedies - Maintenance and Alimony; Customary Practices and legislative provisions relating to dowry prohibition.

UNIT – III

Hindu undivided family – Mitakshara Joint Family - Formation and Incidents - Property under both Schools – Kartha: His Position, Powers, Privileges and Obligations - Debts –

General Exceptions: Sections 76 – 106; Criminal act by several persons or group: Sections 34 – 38; Abetment: Sections 107 – 120; Criminal Conspiracy: Sections 120A & 120B; Offences against State: Sections 121 – 130; Offences against the public tranquility: Sections 141 – 160; Offences relating to election: Sections 171A – 171; Contempt of lawful authority and public servants: Sections 172 – 190; False evidence and offences against public trust: Sections 172 – 229; Offences relating to coins and Government Stamps: Sections 230 – 263A; Offences relating to weights and measures: Sections 260 – 294A; Offences relating to religion: Section 295 – 298.

UNIT – III

Offences affecting human life, causing miscarriage, injuries to unborn children - Exposure of infants, concealment of birth - Hurt, Grievous Hurt - Wrongful restraint - Wrong confinement - Criminal force and Assault (Sections 299 – 358).

UNIT – IV

Kidnapping, Abduction - Slavery and forced labour – Rape: custodial rape, marital rape - Prevention of immoral traffic - Prevention of sati - Prohibition of indecent representation of women - Unnatural offences, theft, robbery and dacoity - Criminal Misappropriation of property - Criminal breach of trust - Receiving of stolen property – Cheating - Fraudulent deeds and disposition of property (Sections 378 – 424).

UNIT – V

Mischief (Sections 425 – 440) - Criminal Trespass (Sections 441 – 462) - Offences relating to document and property marks (Sections 463 – 480) - Offences relating to marriage (Sections 493 – 498 A) - Defamation (Sections 499 – 502); Criminal intimidation and annoyance and attempt to commit such offences (Sections 506 – 511).

Prescribed Books: Rathanlal and Dhirajlal: Indian Penal Code. Kenny’s Outlines of English Criminal Law.

References Books: K. D. Gaur - A Text Book on the Indian Penal Code P. S. Achuthan Pillai - Criminal Law. Glanville Williams – Criminal Law

II SEMESTER:

COURSE-I: CONTRACT-II

Objectives:

In the society wherein all major ventures are getting corporatised, a law student should acquaint himself with the knowledge of special contracts apart from equipping himself with general principles of contract. This law is contained in several legislations apart from the Indian Contract Act. This course equips the students to better appreciate the legal services required in a corporate office so that he can enhance his relevance as a lawyer in society.

Course contents:

UNIT – I

Contract of Indemnity – Documents/Agreements of Indemnity - Definition, Nature and Scope - Rights of indemnity holder – Commencement of the indemnifier’s liability – Contract of Guarantee – Definition, Nature and Scope – Difference between contract of indemnity and Guarantee – Rights of surety – Discharge of Surety – Extent of Surety’s liability – Co-surety.

Contract of Bailment – Definition – Kinds – Duties of Bailer and Bailee – Rights of Finder of goods as Bailee – Liability towards true owner – Rights to dispose off the goods.

Contract of pledge – Definition – Comparison with Bailment – Rights and duties of Pawnor and Pawnee

UNIT – II

Agency – Definition – Creation of Agency – Kinds of Agents – Distinction between Agent and Servant – Rights and Duties of Agent – Relation of Principal with third parties

  • Delegation – Duties and Rights of Agent – Extent of Agents authority – Personal liability of Agent – Termination of Agency.

UNIT – III

Indian Partnership Act – Definition – Nature, Mode of determining the existence of Partnership – Relation of Partner to one another – Rights and duties of partner – Relation of partners with third parties – Types of partners – Admission of partners – Retirement – Expulsion – Dissolution of Firm – Registration of Firms.

UNIT – IV

Sale of Goods Act – The Contract of sale – Conditions and Warranties – Passing of property – Transfer of title – Performance of the Contract – Rights of Unpaid Seller against goods – Remedies for Breach of Contract

UNIT – V

Hire Purchase Act 1972 – Rights and Obligation of the Hirer and Owner, Form and contents of Hire Purchase Agreements, Warranties and Conditions - Standard Form of Contracts: Nature, Advantages – Unilateral Character, Principles of Protection against the possibility of exploitation – Judicial Approach to such Contracts – Exemption Clauses – Clash between two standard forms of contracts.

Prescribed Books: Avtar Singh - Law of Contract J. P. Verma - The Law of Partnership in India Saharay H. K - Indian Partnership and Sale of Goods Act Krishnan Nair - Law of Contract Hire Purchase Act

Reference Books: Pollock and Mulla - Indian Contract Act

Y. D. Kulshreshta- Government regulation of financial management of private corporate sector in India. S. K. Roy- Corporate Image in India. Gower - Company Law. Sen – New Horizons in company law. D. L. Majumdar- Towards a philosophy of Modern Corporation. Pennington - Company Law. Rajiv Jain - Guide on foreign collaboration – Policies & Procedures. C. Singhania – Foreign collaborations and Investments in India – Law and procedures. Joyant M Thakur – Comparative Analysis of FEMA – FEMA Act, 1999 with FERA. Sanjiv Agarwal - Bharat’s guide to Indian capital.

COURSE-III: PROPERTY LAW

Objectives:

The focus of this course in on the study of the concept of ‘Property’, the ‘nature of property rights’ and the general principles governing the transfer of property. A detailed study of the substantive law relating to particular transfers, such as sale, mortgage, lease, exchange, gift and actionable claims will also be undertaken. The course also includes an exposure into the concept of trust.

Course contents:

UNIT – I

General principles of Transfer of Property by Act of parties inter- vivos - Concept and meaning of immovable property- Transferable Immovable Property- Persons Competent to transfer - Operation of Transfer- Conditions restraining alienation and restrictions repugnant to the interest created- rule against perpetuity and exceptions- Direction for accumulation- Vested and Contingent interest.

UNIT – II

Doctrine of election- transfer by ostensible and co-owner- Apportionment- Priority of rights- Rent paid to holder under defective title- Improvements made by bonafide holder- Doctrine of Lis pendens - Fraudulent transfer and part-performance.

UNIT – III

Mortgages of Immovable property: Definition- Kinds of mortgages and their features- Rights and liabilities of mortgagor and mortgagee- Priority of securities- Marshalling and contribution- Charges.

UNIT – IV

Sale of immovable property: Rights and liabilities of seller and buyer before and after completion of sale- Difference between sale and contract for sale; Leases of immovable property: Definition- Scope- creation of lease- rights and liabilities of lessor and lessee- Determination and holding over; Exchange: Definition and mode- Actionable Claims; Gifts: Scope- meaning- mode of transfer- universal gifts- onerous gifts.

UNIT – V

Law of Trusts with Fiduciary Relations: Definitions of Trust and its comparison with other relationships like Debt, Ownership, Bailment, Agency and Contract; Kinds of Trusts- Creation of Trust- Appointment of Trustees- Duties and Liabilities of Trustees- Rights and Powers of Trustees- Disabilities of Trustee- Rights and Liabilities of the Beneficiary- Vacating the office of trustee and Extinction of Trusts.

Prescribed Books: Mulla – Transfer of Property Act, 1882. M. P. Tandon – Indian Trust Act.

Reference Books: Subbarao – Transfer of Property Shah – Principles of the Law of Property Shukla – Transfer of Property Act Menon – Property Law M. P. Tandon – Indian Trust Act.

COURSE-IV: ADMINISTRATIVE LAW

Objectives:

One of the perennial problems of the civilized society is to control the exercise of public power. Administrative Law is concerned with controlling the misuse of public power, by laying down general norms of administrative behaviour. This course will deal with the nature, scope and functions of Administrative Law, the nature and control of delegated legislative power, regulation of discretionary powers and general principles of Administrative adjudication. This course further deals with the role played by courts in the development of Administrative Law. The Focus is on their role in protecting the rights of individuals against abuse of administration. In addition adjudicatory powers of the administration and liability of administrative authorities are also studied in this course.

Course contents:

UNIT – I

Evolution- Nature and Scope of Administrative Law- Relation with Constitutional Law- Separation of powers and concepts- Rule of law- Counsil d’ Etate , (French system) - Classification of Administration Action- functions- Administrative direction and discretion.

UNIT –II

Legislative power of the administration- Extent of delegation and control over delegated Legislation- Sub-delegation- Judicial- Parliamentary control over delegated Legislation.

Conversion and its consequences on family: Marriage, Guardianship, Succession; Child and Family: Legitimacy, Custody, maintenance and education, Guardianship and parental rights.

UNIT-III

Matrimonial Remedies under Islamic Law and Indian Divorce Act, 1869(Amended Act) - Nullity of marriage - Bar to matrimonial relief; Alimony and Maintenance: Alimony and Maintenance as an independent remedy- A review under Muslim law, Indian Divorce Act,1869, provisions under the Criminal Procedure Code , 1973; Maintenance of divorced Muslim Women under the Muslim Women (Protection of Rights on Divorce) Act, 1986.

UNIT-IV

Will and Inheritance: Will-Meaning, difference between will and gift, Will made in death bed or during illness; Muslim law of Inheritance- Shia and Sunni schools; Distribution of property under Indian Succession Act of 1925(Of Christians, Parsis and Jews)- Domicile

  • Parsis Intestate succession and Non Parsis Intestate succession, Succession certificate, Probate and letters of administration, powers and duties of executor.

UNIT-V

Wills – Privileged and unprivileged wills - Construction of Wills in brief - Void bequests, void wills, kinds of legacies - Protection of property of the deceased; Family Courts Act, 1984- Constitution, powers, and its functions; Need for Uniform Civil Code- Article 44 of Indian Constitution.

Prescribed Books: Mulla - Principles of Mohammedan Law. Paras Diwan - Law of Intestate and Testamentary Succession.

Reference Books: B. B. Mitra - Indian Succession Act, 1925. A. A. A Fyzee - Outlines of Mohammedan Law. D. D. Basu - Law of Succession. Paras Diwan - Family Law: Law of Marriage and Divorce in India. A. M. Bhattachargee - Muslim Law and the Constitution. Tahir Mohamood - Mohammedan Law. Indian Divorce Act, 1869 – Bare Act

III SEMESTER:

COURSE-I: ENVIRONMENTAL LAW

Objective:

Environmental problems have attained alarming proportions. It is essential to sensitise the students to environmental issues and the laws. The important principles in the field like inter-generation equity, carrying capacity, sustainable development, and precautionary principle, polluter pay principles are to be appreciated. The law in practice is to be analysed and evaluated. The course is designed towards these objectives.

Course contents:

UNIT – I

The Idea of Environment:

Ancient and Medieval Writings, Traditions, Natural and Biological Sciences – Perspectives: Modern concept, Conflicting dimensions, recent issues -Environment and sustainable development - National and International Perspectives - Population and Development.

UNIT – II

Environmental Policy and Law: Environmental Policy : Pre & Post Independence Period; From Stockholm to Johannesburg Declaration (Rio) and Role of Government - Five year Plans - Forest Policy - Conservation strategy - Water Policy; Conservation of Natural Resources and its Management; Constitution and Environment: Right to Environment - Constitutional provisions on Environment and its Protection - Role of Judiciary on Environmental issues - Evolving of new Principles - Polluter pays principle - Precautionary principle - Public trust doctrine.

UNIT - III

International Law and Environmental Protection: International conventions in the development of Environmental Laws and its Policy - From Stockholm to recent conventions (Special Emphasis on Major conventions & Protocols) - Control on Marine Pollution; Common Law aspects of Environmental Protection; Remedies under other Laws (I.P.C., Cr.P.C, C.P.C.) - Riparian rights and prior-appropriation.

UNIT – IV

Prevention and Control of Pollution: Pollution of Water, Sources, Legal Control, The Water Act, 1974 - Pollution of Air, Modalities of control, The Air Act, 1981 - Noise Pollution and its control, Noise Pollution control order - Disposal of Waste, laws on waste, disposal and its control - Trans-boundary Pollution hazards & Regulation; Biological Diversity and Legal Order: Bio-diversity and Legal regulation - Utilization of flora and fauna - Experimentation on animals - Legal and Ethical issues - Genetic Engineering - Wildlife Protection Act, 1972 - Forest Conservation Act, 1980 - Prevention of Cruelty against animals - Problems in Legal regulation of medicinal plants - The plant varieties Act - Wetland Conservation.

UNIT - V

Environment Protection Act, 1986 including, Environment Protection Rules, Coastal Zone Regulation, ECO-Mark, Environment Impact Assessment, Environmental Audit, Public Participation in Environmental decision making, Environment information, public hearing, Regulation on Bio-Medical Waste.

Prescribed Books:

  1. Armin Rosencranz - Environmental Law and Its Policy in India.
  2. P. Leelakrishnan - Environmental Law in India /Cases.
  3. Lal’s commentaries on Water and Air Pollution laws along with Environment (Protection) Act and Rules, 1986.

Chapter IIA-Notice of change, section 11-A and sections 33,33A; Recovery of money due from an employer.

Industrial Employment (Standing Orders) Act, 1946 and Disciplinary Enquiry

UNIT-III

Trade Unions Act, 1926: Salient features of the enactment and important definitions - Registration of Unions, Amalgamation of Unions, Cancellation and Registration of Trade Unions, Funds of the Union, Immunity enjoyed by the Union.

Workmen’s Compensation Act, 1923: Emergence of the legislation-Total and partial disablement –Dependent-Workman-Wages-Liability of the employer to pay compensation and right of the workman to receive compensation-Accident “Arising out of and in the course of employment”-Occupational disease-Doctrine of ‘Added peril’

UNIT –IV

Labour Welfare Legislations:

The Employees State Insurance Act, 1948: Corporation, Standing Committee and Medical Benefit Council; Contributions; Benefits; Adjudication of disputes and Claims; Penalties.

The Employees Provident Fund Act, 1952: Employees Provident Fund Scheme and Authorities; Miscellaneous.

The Maternity Benefit Act, 1961- Its object and its scope.

UNIT-V

The Minimum Wages Act, 1948- Fixation of minimum rates of wages - working hours and determination of wages and claims

The Factories Act- its essential features, Safety, Health and Welfare measures.

The Contract Labour (Regulation and Abolition) Act, 1970 - Its object and its essential features.

Prescribed Books: S. N Mishra - Labour Laws S. C Srivastava - Social Security and Labour Laws.

Reference Books: Malhotra O. P - Industrial Disputes Act Vol. I and II. Madhavan Pillai - Labour and Industrial Laws. Srivastava K. D - Commentaries on Industrial Disputes Act, 1947. V. V Giri - Labour problems in Indian Industry. Labour Law and Labour Relations Published by Indian Law Institute.

COURSE-III: CRIMINAL LAW –II: CRIMINAL PROCEDURE CODE, 1973,

JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2000

AND PROBATION OF OFFENDERS ACT, 1958.

Objectives:

Procedural Law providing for a fair procedure is significant for a just society. The course is aimed at driving home the students how the pre-trial, trial and the subsequent process are geared up to make the administration of criminal justice effective. The course will acquaint the student with organisation of the functionaries under the Code, their power and functions at various stages and the procedure according to which these powers and functions are to be exercised. The students will also undertake the study of two cognate Acts as a part of this course viz.; Juvenile Justice Act and Probation of Offenders Act. In additions the course teacher shall endeavour to familiarise the students with the case paper like FIR, Police statement, charge sheet, etc.

Course contents:

UNIT – I

Introductory and Pre-trial Process

Meaning of procedure; The organization of the functionaries under the Code; their duties, functions and powers; First Information Report, complaint; Arrest; Types of trial and Features of a fair trial

UNIT - II

Trial Process-I:

  1. Magisterial Powers to take cognizance.
  2. Commencement of proceedings.
  3. Dismissal of complaints.
  4. Charge.
  5. Processes to compel appearance and production of things.
  6. Bail. 7. Preliminary pleas to bar trial.

UNIT - III

Trail Process-II

  1. Provisions as to Inquiries and Trials.
  2. Judgment.
  3. Appeals, Revision and Reference.
  4. Security for keeping peace and good behaviour.
  5. Maintenance.

UNIT - IV

Miscellaneous

  1. Transfer of cases.
  2. Execution, suspension, remission and commutation of sentences.
  3. Disposal of property.
  4. Preventive action of the police.
  5. Irregular proceedings.
  6. Limitation of taking cognizance.
  7. Compounding of offences and plea bargaining.
  8. Criminal Rules and Practice.

UNIT – II

Functions and purpose of law, questions of law, fact and discretion - Justice and its kinds

  • Civil and Criminal Administration of Justice - Theories of Punishment and Secondary functions of the Court.

UNIT – III

Sources of Law: Legislation, Precedent and Custom - A Comparative study

UNIT – IV

Legal Concepts: Right and Duty, Kinds, Meaning of Right in its wider sense; Possession: Idea of Ownership, kinds of Ownership, Difference between Possession and Ownership; Nature of Personality, Status of the Unborn, Minor, Lunatic, Drunken and Dead Persons.

UNIT – V

Liability: Conditions for imposing liability - Wrongful act: Damnum Sine Injuria , causation, mens rea , intention, malice, negligence and recklessness, strict liability, vicarious liability, obligation.

Prescribed Books: Fitzgerald – Salmond on Jurisprudence. R. W. M. Dias – Jurisprudence

Reference Books: W. Friedman – Legal Theory V. D. Mahajan – Jurisprudence and Legal Theory Paton – Jurisprudence Edgar Bodenheimer – Jurisprudence

COURSE-V: CLINICAL COURSE-I: PROFESSIONAL ETHICS AND

PROFESSIONAL ACCOUNTING SYSTEM

Objective:

Professions are noble. The movement of all professions, hitherto, has been from chaos to organization, organization to consolidation and consolidation to autonomy and monopoly. Same is true of the law profession also. The prime reason for conferring autonomy and monopoly by the society on the professionals is the fact that they are a body of learned persons and the interest of society and individuals is safe in their hands. The Bar should set enviable standards of ethics and scrupulously adhere to them as also enforce them. It is too good of the society to trust the learned body of the professionals to regulate themselves and not to empower an outsider to sit in judgment over their activities. The trust reposed by the society in profession is to be zealously guarded. The Bar should live up to the expectations of the society. The society has a right to expect of the professionals such ideal behaviour. The course is designed to imbue students with these high values forming the basis of the profession so that they can live up to those standards in their professional life.

Course contents:

UNIT-I

The legal profession and its responsibilities; The equipment of the lawyer; Conduct in court; Professional conduct in general; Privileges of a lawyer; Salient features of the Advocates Act, 1961.

UNIT-II

Duty to the court; Duty to the profession; Duty to the opponent; Duty to the client; Duty to the self; Duty to the public and the state;

UNIT-III

Contempt of Court Act, 1972 Selected major judgments of the Supreme Court:

  1. In the matter of D, An Advocate , AIR 1956 SC 102.
  2. P.J.Ratnam v. D.Kanikaram , AIR1964 SC 244.
  3. N.B.Mirzan v. The disciplinary committee of Bar Council of Maharastra and Another , AIR 1972 SC 46.
  4. Bar Council Of Maharastra v. M.V.Dabholkar, etc ., AIR 1976 SC 242.
  5. V.C.Rangadurai v. D.Goplan and others, AIR 1979 SC 201.
  6. Chandra Shekhar Soni v. Bar Council of Rajasthan and Others, AIR 1983 SC 1012.
  7. In Re an Advocate , AIR 1989 SC 245.
  8. In Re Vinay Chandra Mishra , 1995 (Vol-I) IBR 118.
  9. Supreme Court Bar Association v. Union of India , AIR 1998 SC 1895.
  10. Ex-Capt. Harish Uppal v. Union of India , AIR 2003 SC 739.

UNIT-IV

Selected opinions of the Bar council of India

  1. DC Appeal No. 16/93 1998 (Vol.1) IBR 135
  2. BCI Tr. Case No.40/91 1998 (Vol.1) IBR
  3. DC Appeal No. 8/94 1998 (Vol. 1) IBR 153
  4. DC Appeal No. 20/94 1997 (Vol. 3 &4) IBR 193 5 BCI Tr. Case No. 76/95 1997 (Vol. 3 &4) IBR 201 6 DC Appeal No.43/96 1997 (Vol. 3 &4) IBR 207 7 DC Appeal No.18/91 1997 (Vol. 1 & 2) IBR 271 8 DC Appeal No.24/90 1996 (Vol.1) IBR 135 9 DC Appeal No.19/93 1996 (Vol.1) IBR 152 10 BCI Tr. Case No.104/90 1996 (Vol.1) IBR 155 11 BCI Tr. Case No.52/89 1994 (Vol.1) IBR 187 12 BCI Tr. Case No.127/88 1992 (Vol. 3 &4) IBR 125 13 BCI Tr. Case No.39/87 1992 (Vol. 3 &4) IBR 147 14 BCI Tr. Case No.39/89 1992 (Vol. 3 &4) IBR 149 15 BCI Tr. Case No.16/88 1989 (Vol.1) IBR 99 16 BCI Tr. Case No.2/88 1989 (Vol.1) IBR 102