THE UNIVERSITY OF BURDWAN 5 - Year B.A. LL.B. (Hons.) Course

THE UNIVERSITY OF BURDWAN
5 - Year B.A. LL.B. (Hons.) Course
(Introduced from the Academic Session
2009-2010 onwards)
DETAILED SYLLABUS
SEMESTER – I
Paper – 5.1.1
GENERAL ENGLISH
Total Marks - 100
Grammar:
20 Marks
A. Sentences (Clauses Their Phrase Structure)
i-Tense
ii-Basic Transformation
iii-One-work Substitution – a) Passive b) Negatives c) Questions
B. Complex & Compound Sentences: Use of Connectives
C. Conditionals
D. Some Common Errors
E. Appropriate Prepositions.
Comprehension:
30 Marks
Formal Correspondence (Business):
30 Marks
Essay Writing:
20 Marks
Questions are to be set from all units as compulsory.
Paper – 5.1.2
Total Marks -100
POLITICAL SCIENCE – I
(HISTORY OF POLITICAL SCIENCE)
1.
General Features of Greek Political order and civil society
2.
General Features of Roman Political thought with special reference to
citizenship and law
3.
Emergence of European Renaissance
4.
Hobbs doctrine of supremacy of state power; his contribution to the
foundation of science of materialist politics.
5.
Locke; his theories of rights and resistance, consent and legislative
Supremacy
6.
Rousseau’s concept of general will, political significance of the
1
French Revolution.
7.
Hagel’s theory of state and his concept of freedom.
8.
Contribution if Bentham and J.S. Mill
9.
Emergence of Marxism ; its historical and theoretical roots.
10.
Lenins contribution to the development of Marxism
Recommended Books:
Gettel - History of Political Theory
Sabine – A History of Political Theory
Amal Kumar Mukhopahahyay – Western Political Thought
David Thomson (ed.) – Political Ideas
George Lichtheim – A short History of Socialism
Daniel Guerin – Anarchism : From Theory to Practice
G. D. H. Cole – History Socialist Thought, Vol. I
Tapan Chattopadhyay & Dipak Kumar Das – Varieties of Socialism
J. V. Stalin – Foundation of Leninism
Five questions are to be answered out of ten.
Paper – 5.1.3
Total Marks -100
SOCIOLOGY - I
(INTRODUCTORY SOCIOLOGY)
1.
Introductory: What is Sociology? Scope. Sociology and other
social sciences.
2.
Basic concept in Sociology: Society and institutions; Community
and Association; Groups and its Forms; Status and Role; Culture
and Society; Folkway and Mores; Custom Norms and Value.
3.
Socialization: Meaning and agencies;
socialization; and anticipatory socialization.
4.
Social process: Cooperation; competition and conflict; assimilation
and accommodation.
5.
Social stratification: Characteristic and forms; social mobility;
meaning and forms.
6.
Social control: Meaning, forms and agencies.
7.
Gender: Sex vs. Gender; gender differences; gender socialization.
8.
Social change: Concept; types and factors; social progress; social
development.
9.
Social institutions: Functions of family; education and religion.
concept
of
adult
2
Book Recommended :
NJ Smelser- Sociology(Prentice Hall)
Anthony Giddens- Sociology(Polity)
Bottomore- Sociology: A guide to Problems and literature (Blackie & Sons
India Ltd.)
Guy Rocher; A general Introduction to Sociology (Academic Publisher)
Five questions are to be answered out of ten.
Paper – 5.1.4
Total Marks -100
ECONOMICS - I
(MICRO & MACRO ECONOMICS)
Group A – General Principles
1.
2.
40 Marks
Demand analysis : determinants of demand – law of demand – why
is demand curve downward sloping – exceptions to law of demand –
shift of demand curve – Elasticity of demand : definition &
measurement of price, income & cross – price elasticity of demand –
determining factors & importance of elasticity of demand.
Theory of consumer’s behaviour : total utility & marginal utility – law
of diminishing marginal utility – law of equimarginal utility –
consumer’s surplus – definition & properties of indifference curve –
consumer’s equilibrium with the help of indifference curve & budget
line – concept of income effect, price effect & relationship between
them.
Group B –
Macro economics
60 Marks
Concept of Inflation, Deflation and Stagflation : Inflationary Gap –
Distinction between Demand-pull and cost-push Inflation-Effects of
Inflation – Anti Inflationary Monetary and Fiscal Policy.
Banking: Functions of Commercial Banks, Credit Creation – Functions of
Central Banks, Credit Control Methods.
Principles of Taxation : Benefit and Ability to pay Approach – Direct and
Indirectly Taxation – Regressive, Progressive and Proportional
Taxation – Public Debt. Internal and External, Burden of Debt.
International Trade : Distinction between Internal and International Trade
– Basis of Trade, Absolute and Comparative Advantage – Arguments
for Free and Protection.
Book Recommended :
1. A.W. Stonier and D.C. Hague- A text Book of Economic Theory,
Longman Group, London Group London
2. Lipsey & Chrystal- An Introduction to Positive Economics.
3. Gupta S.B. – Monetary Economics, S.Chand and Co. New Delhi.
3
Two questions are to be answered out of four from Group – A &
three questions out of six from Group - B.
Paper – 5.1.5
LAW OF CONTRACT
Total Marks -100
Fundamental basis of the Law of Contract
Formation of Contract and the Fundamental rules relating to the
agreement with special reference to Indian and English Law, (Sec. 2
to Sec.9 of the Indian Contract Act, 1872)
Essential conditions of a contract with special reference to Indian and
English Law , (Including chapters on minor, consideration free
consent and vitating factors; void, Illegal agreement, voidable
contract etc., with detailed studies on general and specific rules
thereof : (Sec. 10 of Sec.30).
Contigent Contract (Sec. 31- Sec. 36)
Discharge of Contract (Sec.37 to Sec. 75). The chapter includes rules
of performance, quasi contracts, doctrine of frustration, breach of
contract and remedies thereof, etc.
Books Recommended:
Mulla – Indian Contact Act, 1872 (Student’s Edition)
Desai – Indian Contract Act, 1872
Anson – English Law of Contract
Cheshire and Fifoot – Law of Contract
Basu – Law of Contract
Ponnuswami & Puri – Cases & Materials on Contract
Dr Avter Singh – Introduction to the Law of Contract
V.G. Ramchandra – Law of Contract
Five questions are to be answered out of ten.
Paper – 5.1.6
Total Marks -100
LAW OF TORT INCLUDING MV ACCIDENT AND CONSUMER
PROTECTION LAWS
Law of Torts :
60 Marks
1.
Nature and Principles of Tort : Historical development of Laws of
Torts and applicability in India. Basic foundation of Law of Torts,
Meaning, Ingredients, Relevancy of Mens Rea & Malice, , Felonious &
Foreign Tort, Constituents of Tortuous liability.
2.
Immunity from tortuous liability – Partial and Total in the Context of
minority, husband and wife relationship, married women, Sovereign
4
3.
4.
5.
6.
immunity and Act of State.
Justification – Inevitable accident, Act of God, Statutory Authority,
Volenti-non fit injuria.
Vicarious liability – By relation and ratification – Doctrine of Course
of employment, Common employment, Independent Contractor.
Remedies & Damages : Judicial & extra-judicial remedies Direct &
consequential Cause, Remoteness test
Special Torts : (a) As to person – Assault, Battery, Mayhem & False
imprisonment, Malicious Prosecution Deformation, (b) As to
Property: Trespass, Trespass ab-intio, (c) As to Person & PropertyNegligence-Contributory Negligence, Test of Standard of care,
Defences Nuisance – Public & Private remedies.
Consumer Protection Laws:
20 Marks
The Consumer Protection Act 1986, Sec.2,9-27.
The Motor Vehicles Act, 1988 :
20 Marks
1.
Preliminary – Sec. 1 and 2.
2.
Registration of Motor Vehicles – Sec.39, 43, 50 and 55.
3.
Liability without fault in certain cases – Sec.140, 141 and 142.
4.
Insurance of Motor Vehicles Against Third Party Risks – Sec.
163A.
5.
Claims Tribunals – Sec.165, 173 and 175.
6.
Offences, Penalties and Procedure – Sec.177, 180, 183, 184,
185, 195, 196 and 208.
Books Recommended :
1.
Bangia – Law of Torts
2.
Avtar Singh – Law of Carriages
3.
Avtar Singh – Consumer Protection
4.
Retanlal & Dhirajlal – Law of Torts
5.
Salmond – Law of Torts
6.
Law of Torts – D.Basu
7.
R.H. Bhatt – Consumer & The Land
8.
J.N. Barowala – Commentary of the Consumer Protection Act
1986.
Three questions out of six are to be answered from law of torts & one
question each out of two from Consumer Protection laws & Motor
Vehicles Act.
SEMESTER – II
Paper –5.2.1
ENGLISH – I
(English Literature)
Total Marks -100
1. The Merchant of Venice by William Shakespeare
Marks – 50
a) Non – detailed study :
Act – I, Sc iii
Act – iii, Sc iii
Phraseology & vocabulary from the said scenes – meaning in modern
5
English Class teaching : reading & interpretation’ Shakespearian
phraseology & vocabulary --------- its equivalent in modern English.
b) Detailed study :
Act IV, Sc I (Trail scene)
Context questions : Two questions
(Extracts from the scene & brief questions, Answers to be limited to 3 to 5
simple sentences)
Characterization : One question
2. Justice by John Galsworthy
Marks – 50
Two questions with alternatives.
Nature of the play; Significance of the title ; Galsworthy as dramatist;
scene analysis; Character sketch; any other as decided.
Context questions :
(Extract from play & short questions.)
Paper – 5.2.2
Total Marks - 100
POLITICAL SCIENCE II
(INDIAN POLITICAL THOUGHT)
1.
Ancient Indian Political Thought : Features; Kautilya’s
contribution (with special reference to theory of ‘Saptanga’ and the
concept of ‘Dandaniti’.
2.
Rammohun Roy, Syed Ahmed Khan : their perception of British
Colonial Rule and role as Modernizers.
3.
Aurobindo : Nationalism and Theory of Resistance.
4.
Gandhi : Philosophy of Politics.
5.
Nehru : Socialism and Democracy.
6.
Subhas Bose : Nationalism : Alternative Model.
7.
M N Roy : Neo-humanism.
8.
Savarkar and Jinnah : Religious Nationalism.
9.
Tagore : State, Society and Nation.
10. Ambedkar : Social Justice.
Books Recommended :
1.
T Panthan and K Deutsch (ed.), Political Thought in Modern India, (Sage
Publications, New Delhi).
2.
V P Verma, Modern Indian Political Thought.
3.
___, Hindu Political Thought.
4.
R S Sharma, Aspects of Political Ideas and Institutions in Ancient India.
5.
P R Tripathy, The State and Religion in Mughal India.
6
6.
K A Nizami (ed.), Politics and Society during the Early Mediaeval Period.
7.
Amales Tripathy, The Extremist Challenge.
8.
U R Mehta, Foundation of Indian Political Thought (Manohar, New Delhi).
9.
B Parekh, Gandhi (OUP, Oxford).
10.
K N Kadam (ed.), Dr B R Ambedkar (New Delhi).
11.
A T Embrece and Stephen Hay, Source of Indian Tradition, vols. I & II.
12.
Debesh Roy Choudhury and Tarun Banerjee (ed.), Colonial India:Ideas
and Movements.
13.
Irfan Habib and A Alzahuddin, Political Theory of Delhi Sultanate.
14. B R Nanda, Gandhi and His Critics.
Five questions are to be answered out of ten.
Paper – 5.2.3
Total Marks – 100
SOCIOLOGY - II
(SOCIAL PROBLEMS IN INDIA)
1. Poverty: Concept: Causes and Consequences: Strategies for
Alleviating Poverty
2. Unemployment: Concept and Types: Causes and Consequences.
3. Population Explosion: Concept: Causes and Consequences:
Population Policy and Family Welfare in India.
4. Secularism, Communalism and Communal Violence: Concept of
Secularism & Communalism, Varieties of Communalism; Problems
of Communalism.
5. Corruption: Concept, Causes, Social Effects.
6. Drug Addiction: Concept, Causes, Social Effects.
7. AIDS: Concept, Causes, Social Effects.
8. Child Abuse and Child Labour, Policy on Child Labour.
9. Women: Violence against Women; Dowry; Status of Women.
Books Recommended :
1. Ram Ahuja: Social Problems in India (Rawat)
2. G.R.Madan: SocialProblems in India.
3. R.Dutta and Sundharam: Indian Economy (Chapters on Poverty,
Unemployment and Corruption)
4. Ram Ahuja: Society in India (Rawat)
5. Ram Ahuja: Indian Social System (Rawat).
Five questions to be answered out of ten.
7
Paper – 5.2.4
Total Marks – 100
ECONOMICS - II
(INDIAN ECONOMY)
1.
Features and Causes of Underdevelopment of the Indian Economy.
2.
National Income of India: Trend, Estimation and Distribution.
3.
Population: Trends of Population Growth, Population Policies of the
Govt.
4.
Dualism in the Indian Economy: Poverty Line[Poverty Eradication
Programmes in India.
5.
Agriculture, Causes of Low Productivity
6.
Land Reforms: Meaning, Importance, Evaluation of the Programmes
7.
New Technology and Green Revolution and its effects
8.
Industry: Role of Cottage, Small-scale and Large-scale Industries in
India’s Economic Development – Problems and Solutions
9.
Banking: More of Indian Commercial Banks – Credit Control Policy
of Reserve Bank of India – Money market in India.
10.
Indian Public Finance: Sources of Revenue of Union and State
Government – Union-State Financial Relation.
11.
India’s Foreign Trade : Volume and Direction of trade in the post
liberalization period.
12.
Indian Planning : Achievements and failures of India’s Five-year
plans.
Books Recommended :
1.
2.
3.
4.
5.
R. Dutta and K.P.M. Sundaram – Indian Economy, S. Chand and Co.
New Delhi
S.K. Misra and V.K.Puri – Indian Economy , Himalayas Publishing
Co., Mumbai
A.N. Agarwal – Indian Economy, Vikash Publishing Co., Delhi
S.B. Gupta – Menetary Planning in India, Oxford University press ,
Delhi.
P.N. Dhar – Indian Economy.
Five questions are to be answered out of ten.
Textual Hindu Law
Paper – 5.2.5
FAMILY LAW – I
Total Marks – 100
20 Marks
Sources of Hindu Law, Hindu Joint Family System and
Copercenary, General Principles of succession under the Dayabhaga
and the Mitakshara systems, women’s property and stridhana.
8
Distinction between Dayabhaga and the Mitakshara systems and effect
of modern statutes.
Statutory Hindu Law
1.
Hindu Marriage Act, 1955
20 Marks
2.
Hindu Succession Act, 1955
20 Marks
3.
Hindu Adoption and Maintenance Act, 1956 and
4.
Hindu Minority and Guardianship Act, 1956
20 Marks
Special Marriage Act, 1954
20 Marks
Books Recommended :
Mulla – Hindu Law
S.K. Mitter – Hindu Law
Venkatraman – A Treatise on Hindu Law
Derret – Modern Hindu Law
Hindu Marriage Act, 1955
Hindu Succession Act, 1956
Hindu Minority and Guardianship Act, 1956
Hindu Adoptions and Maintenance Act, 1956
Jhabvala – Hindu Law
Paras Diwan – Modern Hindu Law
S.S.Singh – Unification of Divorce Laws in India
Tahir Mohamood – Hindu Law
Desai – Hindu Law
One question out of two are to be answered from Textual Hindu
Law & one out of two from Hindu Marriage Act, one out of two
from Hindu Succession Act and one out of two from Hindu
Adoption and Maintenance Act., 1956 and Hindu Minority and
Guardianship Act, 1956, one out of two from special Marriage
Act.
Paper – 5.2.6
Total Marks – 100
SPECIAL CONTRACT
1. Sale of Goods Act, 1930
Marks 20
2. Indian Partnership Act, 1932
Marks 60
3.Indian Contract Act relating to Specific Contracts
Indemnity, Guarantee, Pledge, Bailment and Agency.
Marks 20
Books Recommended:
1. Pollock & Mulla – Indian partnership Act 1932
2. M.C. Shukla – Mercantile Law
9
3. Desai – Indian Partnership Act
4. Kapoor – Meracntile Law
5. Indian Partnership Act, 1932
6. Sale of Goods Act, 1930
One question out of two are to be answered from sale of goods,
three questions are to be answered out of six from partnership,
one question out of two are to be answered from remaining part.
SEMESTER – III
Paper – 5.3.1
Total Marks -100
ENGLISH – II
(Legal Language I)
Group A :
50 Marks
Meaning of Legal Terms (In English) and making sentences :
● Adidem ● Adinterim ● Adjourn Sine Die ● Ad Valorem ● Agnate ●
Alimony ● Animus Possidendi ● Approbate and Reprobate ● Appurtenances
● Authentication ● Ab-initio ● Act of God ● Affidavit ● Amicus Curiae ●
Attorney ● Barratry ● Blockade ● Bail ● Bailment ● Bye Laws ● C.I.F.
Contract ● Causus Omissus ● Cestui qui Trust ● Certiorari
● Charge ●
Circumstantial Evidence ● Codicil ● Common Law ● Complainant ●
Consensus Ad Idem ● Corroboration ● Costs ● Counsel ● Counter claim ●
Courts of Record ● Crime ● Cross Examination ● Culpable Homicide ●
Custody ● Darpatni ● Dejure ● Denovo ● De- Facto ● Del Credere ● Double
Jeopardy ● Ex-Post Facto ● Ejusdem Generis ● Eminent Domain ●
Encumbrance ● Ex Parte ● Feme Sole ● Fiduciary ● Foreclosure ●
Gratuitous ● Habeas Corpus ● Hearsay ● Honoris Causa ● Hostile Witness
● Hypothecation ● In Camera ● Injunction ● Inter Alia ● In Toto ● Injuria ●
Inter Se ● Ipso Facto ● Judgement ● Khas Dakhal ● Lex Fori ● Lex Loci ●
Laches ● Laissez Faire ● Leading Question ● Lien ● Liquidated Damages ●
Locus Standi ● Market Overt ● Mukarari ● Malicious Prosecution ●
Mandamus ● Mens Rea ● Modus Operandi ● Pari Passu ● Pendente Lite ●
Power of attorney ● Pre – Emption ● Prima facie ● Quo Warranto ● Ratio
Decidendi ● Respondent Superior ● Sine Die ● Soverign Immunity ● Suo
Moto ● Tortfeasor ● Ultra vires ● Vicarious Liability ● Writ ● Warrant
Group B :
50 Marks
10
Meaning of the Maxims in English:
● Absoluta Sententia Expositore Non Indiget
● Accusare Remo Se Debet
● Vis Major
● Actio Personalis Moritur Cum Persona
● Actus Non Facit Reum, Nisi Mens Sit Rea
● Aequitus Sequitur Legem
● Causa Proxima Non Remota Spectatur
● Commodum Ex Injuria Sua Nemo Habere Debet
● Delegatus Non Potest Delegare
● Electio Semel Facta Non-Petitur Regressum
● Executio Juris Non Habet Injuriam
● Ex-Turpi Causa Non Oritur Actio
● Factum Valet Quod Fieri Non Debuit
● Ignorantia Judicis Est Calamitas Innocentis
● In Propria Causa Nemo Judex
● Interest Reipublicae Ut Sit Finislitium
● Ignorantia Legis Juris Neminem Execusat
● Plus Valet Unusoclatus Testis Quam Auriti Decem
● Qui Facit Per Alium Facit Per Se
● Ratihabitio Mandato Aequiparatur
● Sic Uteri Tus Ut Alienum Non Leadas
● Ut Res Magis Valeat Quam Pereat
● Vigilantibus Non Dormientibus Jura Subveniunt
● Res Judicata Pro Veritate Accipitur
● Solo Cedit Quicuid Solo Plantatur
● Ubi Jus Ibi Remedium
● Salus Populi Suprema Lex
Books Recommended :
1. Conveyancing by Desouza
2. Indian Conveyance of Mogha
3. Mitra’s Legal and Commercial Dictionary
4. Thorton : Legilative drafting (Chap. 6-8, 13)
5. Prof. Amit Sen, Legal Language, Legal Writing and Legal Drafting
11
6. Black’s Law Dictionary
7. Wharton Law Lexcicon
8. Strout’s Judician Dictionary
Paper – 5.3.2
Total Marks -100
POLITICAL SCIENCE III
(POLITICAL THEORY)
1.
Definition, Nature, Declining of Political theory and Resurgence from
1970s.
2.
Different approaches: (a) Traditional, (b) Marxist and (c) Behavioural
with special reference to David Easton’s system analysis.
3.
The concept of State Sovereignty: (a) Monistic,, (b) Pluralistic and (c)
Popular.
4.
Rights, Liberty and Equality : Meaning and their inter-relationship.
Rawl’s concept of Justice.
5.
Ideology: Meaning and its variants – (a) Anarchism, (b) Fascism and
(c) Liberalism and Neo-liberalism.
6.
Socialism – its variants:
Democratic (basic tenets).
7.
Theories of the State: (a) Idealist, (b) Marxist and (c) Gandhian.
8.
Gramsci: concept of hegemony.
9.
Concept of Democracy: Liberal and Marxist.
(a)
Utopian,
(b)
Scientific
and
(c)
Books Recommended:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
David Marsh and Gerry Stoker, Theory and Methods in Political Science
(Macmillan, London).
Stephen Wasby, Political Science : The Discipline and its Dimensions.
A R Ball, Modern Politics and Government.
N P Barry, Introduction to Modern Political Theory (Macmillan, London).
R Dahl, Modern Political Analysis (Prentice Hall, Englewood Cliffs, NJ).
Madan G Gandhi, Modern Political Theory.
G Pontor and P Gill, Introduction to Politics.
Andrew Heywood, Basic Concepts.
Tom Bottomore, A Dictionary of Marxist Thought.
S P Verma, Modern Political Theory (Vikas, New Delhi).
P Gauba, An Introduction to Political Theory (Macmillan, Delhi).
John Gray, Liberalism (Buckingham Open University Press).
David Hel, Political Theory and the Modern State (Polity Press, Cambridge,
England).
S Ramaswamy, Political Theory : Ideas and Concepts (Macmillan, Delhi).
L P Basadat, Political Ideologies : Their Origins and Impact (Prentice Hall,
Englewood Cliffs, NJ).
R N Barki, Socialism (John Dent and Sons, London).
C Funddertunk and R G Thobaben, Political Ideologies : Left, Centre and
Right (Collins College Pub, Harper, New York).
12
Five questions are to be answered out of ten.
Paper – 5.3.3
Total Marks -100
ECONOMICS-III
(INDIAN ECONOMIC DEVELOPMENT AND POLICY)
Economics of Development
1. Concepts of Economic Development and Growth
2. Factors of Economic Growth – Economic and Non-economic
3. Obstacles of Economic Development
4. Inequalities of income
Issues in Economic Development
1. Debate on State vs. Markets
2. Public vs. Private Sectors
3. Economic Planning in India-meaning and significance of planning,
size of the plans, strategy of the plans, pattern of resource
allocation, assessment of performance during plans
4. Infrastructure and development
International Trade
1. Free Trade and Protection
2. Fixed and Flexible Exchange Rates
3. Balance of Trade and Balance of Payments
4. International Institutions- IMF, WB, WTO
Liberalization, globalization and related issues
1. New Economic Policy- Structural Adjustment Programme (SAP)
2. Second Generation Reforms
3. Regional Trading Blocks and Bilateral Trade Treatise
4. SEZ, FDI, Inclusive Growth
Books Recommended :
1. Todaro, M. Economic Development in the Third World;
2. Myint, H. The Economics of Developing Countries;
3. Economic Survey- Latest Issue
4. Jhingan, M.L. Development Economics;
5. Dhingra, I.C. Indian Economy;
6. Mishra, S.K. and V.K. Puri Indian Economy; Himalaya Publishing House;
7. Mathur, B.P. Public Enterprise Management;
8. Myneni, S.R. Indian Economics; Allahabad Law Agency; Faridabad
Five questions are to be answered out of ten.
13
Paper –5.3.4
Total Marks -100
SOCIOLOGY - III
(SOCIOLOGY AND LAW)
1. Social Basis of Law
a. Relation between law and society
b. Customary law- some case studies
c. Role of courts and lawyers as social engineers
d. Social legislation and social justice
e. Social change and law
2. Social Problems and Social Legislation
a. Issues of ethnic and inter – caste conflicts
b. Communalism and fundamentalism
c. Alcoholism and drug addiction
d. Terrorism
e. Poverty
3. Social Control
a. Social Control- its meaning; mechanisms and agents of social
control, functions and dysfunctions of social control
b. Distinction between formal and informal social control
c. Informal Agencies of social control-customs, folkways, mores and
religion
d. Formal Agencies- public opinion, media, propaganda and law
4. Social Deviance
a. Meaning and types of deviance
b. Forms of crime-violent crime, property crime, white collar crime,
organized crime, sex crimes, environmental crime, cyber crimes
c. Issues of domestic violence and juvenile delinquency
d. Some important theories of deviance-biological, psychological,
anomie, sub-culture, learning and social disorganization
Books Recommended :
1.
Harlambos, M. Sociology: Themes and Perspectives; Oxford
University Press, 1980
2.
Bottomore, T.B. Sociology: A Guide to Problems and Literature;
Blackie and Sons India Ltd; 1971
3.
Horton. P.b. and C.L. Hunt Sociology; McGrew- Hill book Company,
Singapore, 1984.
4.
Giddens, A. Sociology; Polity Press, UK; 1993
5.
Prasad, S.K. Social Problems in India; Mohit Publications Ltd. India;
2000
6.
Anleu. S. and N.L. Roach Law and social changes; Sage Publications
Ltd. Delhi; 2000
7.
Saxena, D.r. Law, Justice and Social Change; Vedam Books, Delhi;
1996.
Five questions are to be answered out of ten.
14
Paper – 5.3.5
Total Marks – 100
CONSTITUTIONAL LAW – I
1)
Constitutional developments since 1858-1947
Making of Indian Constitution
Nature and special features of the Constitution of India
Rule of law & Separation of powers
2)
State under Article 12 of the Constitution
Right to Equality (Articles 14-18)
Right to Freedom (Articles 19-22)
Right against Exploitation (Articles 23-24)
3)
Concept of secularism : historical perspective
Right to Freedom of Religion (Articles 25-28)
Cultural and Education Rights (Articles 29-30)
Fundamental Duties (Article 51A)
4)
Directive Principles – directions for social change – A new social order
Fundamental Rights and Directive Principles of State Policy, Interrelationship, judicial balancing
Constitutional amendments – to strengthen Directive Principles
5)
Remedies for enforcement of rights contained in Part III – Habeas
Corpus, Mandamus, Certiorari, Prohibition and Quo-warranto under
Articles 32 and 226 of the Constitution Judicial Review
Judicial activism and restraint.
Books Recommended :
1.
J. N. Pandey
2.
M.P. Singh
3.
H.M. Survai
4.
V.N. Sukla
5.
M.P. Jain
Constitutional Law of India
Act
Constitution of India
Five questions are to be answered out of ten.
Paper – 5.3.6
Total Marks – 100
FAMILY LAW – II
1. Concept and Background of Muslim Law : Sources
Muslim Law as applied and interpreted in India
&
Schools,
15
2. Marriage, Dower and maintenance
3. Dissolutions of Marriage
4. Parentage, Legitimacy and Guardianship
5. Gift, Wills, Waqf and Administration of Estate
6. Pre-emption
7. Inheritance.
Books Recommended :
1.
Abdur Rahim, Principle of Islamic Jurisprudence (1994)
2.
Syed Ameer Ali, Mahommedan Law, Tagore Law Lectures
3.
Baillie, Digest of Moohummudan Law
4.
The Durrul Mukhtar, (Tr. By Brij Mohan Dayal)
5.
Fyzee, A.A.A. , Outlines of Muhammadan Law
6.
Hedaya, Tr. Into English by C.l. Hamilton
7.
S. Mahmassani, The Philosophy of Jurisprudence in Islam.
8.
Tyabji, F. B., Muhammadan Law, The Personal Law of Muslims.
9.
I. A. Khan (ed). Muslim Law.
10. S. Khalid Rashid, Muslim Law.
Five questions are to be answered out of ten.
SEMESTER - IV
Paper – 5.4.1
Total Marks – 100
ENGLISH III
(LEGAL LANGUAGE – II)
Group – A
General Requirements of Deeds Transfer (Legal writing) 40 Marks
Description of the Deed and the terms by which each part is described.
Registration of Deeds.
Delivery of Deeds.
Arrangement of different parts of deed.
Group – B
Concept and Definition
Grant of receipt.
Deed of Lease
Agreement of Sale
Deed of Conveyance of and
Characteristic of will and requisites of a valid will.
20 Marks
16
Group – C
Drafting of Notice
Suit against Government
Tenant to Landlord for repairing of the premise.
Land Lord to tenant for conversion.
Demand for repayment of loan or mortgaged money.
Public notice for sale of business or property.
Assignment of debt.
Claim of Compensation.
Removal of nuisance.
(Practices to test the writing Capacity in English)
40 Marks
Book Recommended :
9. Conveyancing by Desouza
10.Indian Conveyance of Mogha
11.Mitra’s Legal and Commercial Dictionary
12.Thorton : Legilative drafting (Chap. 6-8, 13)
13.Prof. Amit Sen, Legal Language, Legal Writing and Legal Drafting
14.Black’s Law dictionary
15.Wharton Law Lexcicon.
Two Questions each out of four are to be answered from Group A
and Group C and 1 question out of two from Group B.
Paper – 5.4.2
Total Marks – 100
POLITICAL SCIENCE – IV
(COMPARATIVE GOVERNMENT AND POLITICS)
1.
2.
3.
4.
5.
6.
7.
Constitutions and constitutionalism: Modes of distribution of powers
in different constitutions.
Constitutions and Conventions with particulars reference to the UK.
Rule of Law in the UK. Methods of constitutional amendment.
Ideological Bases of Constitutions: Liberal and Socialist Democracies.
Federal and Unitary Systems: Federalism in the USA . Nature of
Unitarianism in France and the UK. The constitutional system of the
PRC and democratic centralism.
Parliamentary and Presidential Systems: Systemic similarities and
dissimilarities between British, French and American practices.
Political Parties: Their functions and role in liberal and Socialist
democracies. Party systems in the UK, USA, PRC and France.
Pressure Groups and their role performance in the UK, USA and
France.
Legislatures in the UK, USA, France and PRC: Composition and
functions of the legislative chambers; inter chamber comparisons.
The committee system in the UK and USA.
17
8.
Executives: Nominal and real Executive as applied to the UK, USA,
France and PRC. The Presidency in the USA and France. The Prime
Ministers of the UK and France. The British Cabinet System, French
and American counterparts. The British Crown, and French and
American Presidents as heads of their respective states and
Governments. Relations between the Executive and the legislature in
the UK, USA, France and PRC.
9. Judicial System: Structure and functions in the UK, USA, French and
PRC. Role performance: Judicial Review in the USA, rule of Law in the
UK, Judicial and Advisory Councils in France. The French Constitution
Council and Administrative Law.
10. The systems of election. (relating to national, regional and local
legislation and executive bodies ) in the UK, USA, France and PRC.
The local government system of France – mode of election and
functional role.
Books Recommended :
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
Cater, Banney and Herz - The Government of France
Dorothy Pickles - The Fifth French Republic : Institutions and Politics
Ogg and Zink - Modern Foreign Governments
Richard Baaron - Parties and Politics in Modern France
J.C. Johari – Major Modern Political Systems
A.C. Kapur - Select Constitutions
D.C. Bhattacharya - Modern Political Constitutions
Friedrich – Constitutional Government and Democracy
Peter Self – Political Theorities of Modern Government
C.F. Strong – Modern Constitutions
S.F. Finer – Comparative Government.
Five questions are to be answered out of ten.
Paper – 5.4.3
Total Marks – 100
CONSTITUTIONAL LAW – II
1)
President of India – election, qualification, salary, impeachment; powers-legislative
executive and discretionary
Prime Minister – cabinet system, council of ministers, collective responsibility,
position of the Prime Minister
Governor and State Government – constitutional relationship, appointment,
qualification, term of office and powers including ordinance making and to grant
pardons etc.
Legislative privileges and Fundamental Rights
2)
Constitution of Parliament qualification of membership of Parliament composition,
duration, powers, privileges and immunities, parliament and its members.
Constitution of Legislatures in state, composition, duration, qualification, powers
privileges and immunities of state legislative and its members
Legislative Procedure – rules of procedure as to introduction and passing Bills,
definition of Money Bill- special procedure in respect of Money Bill
Procedure in Parliament with respect to estimates Appropriation Bills special
procedure as to Financial Bills.
3)
Establishment and constitution of the Supreme Court, qualifications
disqualifications of the Judges, powers and jurisdiction of the Supreme Court
18
and
Constitution of the High Court, appointment, qualification and disqualifications of
Judges of a High Court, powers and jurisdiction of a High Court.
Appointment of District judges, control over subordinate judiciary,
Judicial Independence
4)
Emergency –meaning and scope, proclamation of emergency – conditions effect of
emergency conditions effect of emergency on Center-State relation, emergency and
suspension of fundamental rights, Constitutional amendment, methods of
constitutional amendment, development of the basic structure
Relations between the Union and States-legislative relations and administrative
relations
5)
Freedom of trade, commerce and intercourse
Services under the Constitution – doctrine of pleasure (Art. 310); protection against
arbitrary dismissal removal or reduction in rank (Art 311), exceptions to Articles
311
Administrative Tribunals
Books Recommended :
1. J. N. Pandey
2. M.P. Singh
3. H.M. Survai
4. V.N. Sukla
5. M.P. Jain
Constitutional Law of India
Act
1. The Constitution of India
2. Administrative tribunals Act, 1985
Five questions are to be answered out of ten.
Paper – 5.4.4
Total Marks – 100
PROPERTY LAW – I
Transfer of Property Act, 1882 :
1. Preliminary (Sections 1 – 4)
2. Of Transfers of Property by Act of Parties (sections 5 – 53 A)
3. Of Sales of Immovable Property (sections 54 – 57)
4. Of Mortgages of Immovable Property (Sections 58 – 104)
Books Recommended :
1. Transfer of Property Act 1882
2. Mulla’s transfer of Property Act Ed. VII
3. G. P. Tripathi, The Transfer of Property Act
4. R. K. Sinha , The Transfer of Property Act
5. Vepa sarathi, Law of Transfer of Property
6. S.N.Shukla, Transfer of Property Act
19
Five questions are to be answered out of ten.
Paper – 5.4.5
Total Marks – 100
THE INDIAN PENAL CODE – 1860
1. Chapter I to VI
2. Chapter VIII to XI
3. Chapter XIV
4. Chapter XVI to XVIII
5. Chapter XX to XXIII
Books Recommended :
1. Kenny – Outline of Criminal Law.
2. Ratan Lal – Indian Penal Code.
3. K.D. Gam – Indian Penal Code.
4. S.N. Misra – Indian Penal Code.
5. B.M. Gandhi – Indian Penal Code.
Five questions are to be answered out of ten.
Paper – 5.4.6
Total Marks – 100
CRIMINAL PROCEDURE CODE
The Code of Criminal Procedure 1973 :
Chapter
Chapter
Chapter
Chapter
Chapter
Chapter
Chapter
Chapter
Chapter
Chapter
Chapter
Chapter
Chapter
Chapter
Chapter
Chapter
Chapter
Chapter
Chapter
Chapter
Chapter
Chapter
Chapter
Chapter
I
II
III
V
VI
VII
VIII
IX
X
XI
XII
XIII
XIV
XV
XVI
XVII
XVIII
XIX
XX
XXI
XXIV
XXIX
XXX
XXXI
Section
Preliminary
1–5
Constitution of Criminal Courts and Offices
6–25A
Powers of Course
26–35
Arrest of Persons
41,43,44,46–54,56,57
Processes to Compel Appearance
70–86
Processes to Compel the Production of things
93 –101
Security for keeping the peace and for good behaviour 107 – 110, 115, 116,122
Order for Maintenance of Wives, Children and Parents.
125-128
Maintenance of Public Order and Tranquility
133-148
Preventive Action of the Police
151
Information to the Police & their Powers to Investigate
154-176
Jurisdiction of the Criminal Courts in Inquiries and Trials
177-189
Conditions Requisite for initiation of proceedings
190-199
Complain to Magistrates
200-203
Commencement of Proceedings before Magistrates
204-210
The Charge
211-224
Trial before a Court of Session
225-237
Trial of warrant-cases by Magistrates
238-250
Trial of Summons Cases by Magistrates
251-259
Summary Trials
260-265
General Provisions as to Inquiries and Trials
300,304,309-311A, 313,317,320
Appeals
372-394
Reference and Revision
397-401
Transfer of Criminal Cases
406-410
20
Chapter XXXIII
Chapter XXXV
Chapter XXXVI
Provisions as to Bail and Bonds
Irregular Proceedings
Limitation for Taking Cognizance of Certain Offences
436-439
460,461
467-469
Books Recommended :
1. Ratanlal – The Code of Criminal Procedure
2. B.B. Mitra –. The Code of Criminal Procedure
3. Sarkar – The Code of Criminal Procedure
4. Justice Thakkar The Code of Criminal Procedure
5. S.N. Mishra -. The Code of Criminal Procedure
Five questions are to be answered out of ten.
SEMESTER - V
Paper – 5.5.1
Total Marks – 100
POLITICAL SCIENCE – V
(PUBLIC ADMINISTRATION)
1.
Public Administration : Nature and Scope; Stages of growth;
Identity crisis.
2.
Concepts and principles of Administration : Hierarchy; Unity of
Command; Span of Control; Line and Staff; Centralization,
Decentralization and Delegation of Authority; Planning and
Performance Budgeting.
3.
Weberian ideas of Bureaucracy, Marxian critique and PostWeberian development.
4.
Recent advances in the discipline of Public Administration: Public
choice approach, new public management paradigm, good
governance.
5.
Development Administration: meaning and importance; Ecology
and sustainable development : Riggsian model.
6.
All-India Services: IAS, IPS Central Services: IFS – recruitment
and training. Union and State Public Service Commissions:
composition, functions and role.
7.
Union Administration: PMO; Cabinet Secretary and the
Secretariat; Relationship between the Secretariat and the
Directorate.
8.
Local Administration in West Bengal: Panchayets with special
reference to Zilla Parishads; Role of the Sabhadhipati.
Municipalities and Corporations – legal institutional framework
and role in development.
21
Books Recommended :
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
A Avasthi and S Maheshwari, Public Administration (Lakshmi
Narain Agarwal, Agra).
S Maheshwari, Indian Administration (Orient Longman, New
Delhi).
Ramesh K Arora and Rajni Goyel, Indian Public Administration
(Wishwar Prakashan, New Delhi).
F A Nigro and L G Nigro, Modern Public Administration.
The West Bengal Panchayet Act, 1973 (Govt of West Bengal,
Kolkata).
L N Dutta, West Bengal Municipal Act (Tax’ N Law, Kolkata).
Kalpana Maheswari and Indira Maheswari, The Calcutta
Municipal Act, 1980.
Mohit Bhattacharyya, Public Administration : Structure, Process
and Behaviour.
S N Jha and P C Mathur (ed.), Decentralization and Local Politics
in India (Sage Publications, New Delhi).
Rumki Basu, Public Administration : Concepts and Theories
(Sterling Pub. Pvt. Ltd., New Delhi).
Mohit Bhattacharyya, Indian Administration (The World Press Pvt
Ltd, Kolkata).
C P Bhambhri, Public Administration, Theory and Practice (Jai
Prakash Nath & Co., Merrut City).
Mohit Bhattacharyya, Public Administration (The World Press Pvt
Ltd, Kolkata).
Asok Mukhopadhyay, Municipal Government.
Provat Dutta, The Second Generation Panchayets in India.
Perspectives in Political Science (Academic Staff College, BU).
Five questions are to be answered out of ten.
Paper – 5.5.2
Total Marks – 100
PROPERTY LAW II
Transfer of Property Act, 1882 :
80 Marks
1. Of Leases of Immovable property (sections 105 – 117)
2. Of Exchanges (Sections 118 – 121)
3. Of Gifts (Sections 122 – 129)
4. Of Transfers of Actionable Claims (Sections 130 – 137)
Indian Easements Act, 1882 :
20 Marks
Books Recommended
1. Transfer of Property Act 1882
2. Mulla’s Transfer of Property Act Ed. VII
3. G. P. Tripathi, The Transfer of Property Act
22
4. R. K. Sinha , The Transfer of Property Act
5. Vepa sarathi, Law of Transfer of Property
6. S.N.Shukla, Transfer of Property Act
Four questions out of eight are to be answered from Transfer of
Property Act and one question out of two from Indian Easements
Act.
Paper – 5.5.3
Total Marks – 100
ADMINISTRATIVE LAW
1. Nature and Scope including Definition of Administrative Law.
2. Subordinate Legislations – Types, Control and reasons of its growth.
3. Norms of Natural Justice – Rule against bias, Right to he heard and
Reasoned decisions.
4. Ombudsman – Lokpal and Lokayuktas
5. Public Undertakings – its types and control and reasons of their
growth.
6. Judicial Control of Administrative Actions – Writs, Special Leave to
Appeal, Statutory control and equitable remedies; Judicial Review
and P.I.L.
7. Administrative Tribunals
Books Recommended :
1.
K.C. Davis
2.
Bernard Schwartz
3.
S.P. Sathe,
4.
Takwani,
5.
Kesari,
6.
Massey.
Administrative Law
Five questions are to be answered out of ten.
Paper – 5.5.4
Total Marks – 100
LAW OF EVIDENCE
The Indian Evidence Act 1872 :
Chapters – I, II, III, IV, V, VI, VII, VIII, IX, X, XI.
Books Recommended :
1. Ratanlal Dhiraj Lal – The Law of Evidence
23
2. Avtar Singh – Principles of Law of Evidence
3. Batuklal – the Law of Evidence
4. Best – Law of Evidence
5. V. P. Sarathi – Elements of Law of Evidence
6. Indian Evidence Act 1872
7. H. Mondal – Law of Evidence
8. K. N. Tandon – The Evidence.
Five questions are to be answered out of ten.
Paper – 5.5.5
Total Marks – 100
Public International Law
1. Nature, Origin and Basis of International Law.
2. Sources of International Law.
3. Subjects of International Law.
4. Relationship between International Law and Municipal Law.
5. Recognition.
6. State Jurisdiction.
7. Asylum and Extradition.
8. Treaties.
9. United Nations – Purposes, Principles, and Membership.
10.The Principal Organs of the UN.
Books Recommended :
1. J.G. Starke – Introduction to International Law.
2. Gurdip Singh – International Law.
3. S.K. Kapoor – International Law.
4. H.O. Agarwal – International Law.
5. D.J. Harris – Cases and Materials on International Law.
Five questions are to be answered out of ten.
Paper – 5.5.6
Total Marks – 100
JURISPRUDENCE (Legal Method, Indian Legal System and
Basic theory of Law)
1.
Definition, meaning,
Jurisprudence
nature,
classification,
and
value
of
2.
Legal theories – Natural Law theories, Imperative theory, Theory of
Legal realism, Pure theory of Law, Sociological theories, Historical
School
24
3.
Meaning, Nature and Purpose of law, Nature of International Law.
4.
Law and Morals.
5.
Sources of Law – Legislation, Precedents and Custom
6.
Administration of Justice
7.
Legal right : Meaning, Nature, Characteristics and elements,
Relation between rights and duties, Kinds of Legal right.
8.
Concept of ownership : Idea of ownership, subject matter and
characteristics of
ownership. Kinds of ownership, Modes of
acquisition of ownership.
9.
Possession : Meaning, elements of possession, Kinds of Possession,
Distinctions between ownership and Possession.
10.
Personality : Meaning, nature, Natural and Artificial persons, Legal
Status of Animals, dead and unborn Persons, Corporate personality.
11.
Codification – Meaning, Merits and Demerits
12.
Property – Meaning, Kinds of Property, Modes of acquisition of
Property.
Books Recommended:
1.
Salmond – Jurisprudence
2.
G.W. Paton- Jurisprudence
3.
Dias – Jurisprudence
4.
Friedman – Legal theory
5.
B.N. Mani Tripathi – Jurisprudence and legal theory
6.
Dr. S. K. Tiwari - Schools of Jurisprudence
7.
Dr. S. K. Tiwari - Elements of Law
8.
S.N. Dhyani- Fundamentals of Jurisprudence
9.
Lloyd – Introduction of Jurisprudence
10. V.D. Mahajan - Jurisprudence
Five questions are to be answered out of ten.
SEMESTER - VI
Paper – 5.6.1
Total Marks – 100
POLITICAL SCIENCE – VI
(INTERNATIONAL RELATIONS)
1.
Evolution of International Relation as a discipline since First World
War – Traditional and Scientific approaches to the study of
International Relations – uses and limitations of theory in
International Relations.
2.
International Relations : Nature and Scope of International Relations;
Approaches to the Study of International Relations: Realist and
Systems.
25
3.
Actors of International Relations: State and Non-State Actors.
4.
National Power: concept, constituents and measurability.
5.
Balance of Power: Meaning, techniques and effectiveness; concepts
of bipolarity, unipolarity and multipolarity; Balance of Power vs.
Collective Security.
6.
Contemporary Issues: (A) Globalization and Global Terrorism:
Meaning and impact on International Relations. (B) Human Rights”
Rioghts and Human Rights – Universal Declaration of Human Rights.
7.
United Nations: Its emergence; General Assembly and the Security
Council; Secretariat; Political Role of the Secretary General;
Collective Security under the UN Charter; Pacific Settlement of
Desputes under the UN Charter.
8.
Nuclear Arms Control: NPT and CTBT: India’s position.
9.
Political Economy of International Relations: Neo-colonialism: New
International Economic Order; South-South Cooperation.
10. Regional Cooperation : South Asian Association
Cooperation (SAARC) – objectives and problems.
for
Regional
11. Foreign Policy and Diplomacy; India’s Foreign Policy: Basic tenets and
recent developments.
Books Recommended :
1.
Couloumbus and Wolfe, Introduction to International Relations
(Prentice Hall of India, New Delhi).
2.
Peter Calvocoressi, World Politics Since 1945 (Longman, London).
3.
R Chakraborti, UNO: A Study in Essentials (K P Bagchi & Co.,
Kolkata).
4.
R J Holsti, International Politics: A Framework for Analysis.
5.
R Chakraborti, The Theory and Practice of International Politics
(Macmillan, New Delhi).
6.
H J Morgenthau, Politics:Among Nations (Scientific Book Agency,
Kolkata).
7.
P K Mishra and R S Beal, International Relations Theory (Vikas,
Delhi).
8.
J C Johari, International Relations and Politics (Sterling, New Delhi).
9.
Appadorai and Rajan, India’s Foreign Policy and Relations (South
Asian Pub, New Delhi).
10. D C Bhattacharyya, International Relations in the Twentieth Century
(Vijoya, Kolkata)
11. Debendra Kr Das (ed.), SAARC: Regional
Development (Deep and Deep, New Delhi).
Cooperation
and
26
12. M Hogan (ed.), The End of Cold War: Its Meaning and Implications.
13. J Bandyopadhyay, The Making of India’s Foreign Policy (Allied, New
Delhi).
14. H Hartmann, The Relations of Nations (Macmillan, New York).
15. Raghubir Chakraborty, International Relations (World Press, Kolkata).
16. Evan Luard, A History of the United Nations (Macmillan, London).
17. P K Mishra, Dhaka Summit and SAARC (K P Bagchi & Co.. Kolkata).
Five questions are to be answered out of ten.
Paper – 5.6.2
Total Marks – 100
CIVIL PROCEDURE CODE AND LIMITATION ACT
Civil Procedure Code
80 Marks
1.
The function of the Code of Civil of Civil Procedure with a brief
history, Important definitions of words like Decree, Mesne Profits,
Order, Public Officer etc.
2.
Jurisdiction of Civil Courts – Courts to try all civil suits unless
expressly or impliedly barred – What are suits of a civil nature.
When pendence of a suit bars a fresh suit. Principle underlying
Section 10.
3.
Principles of Res. Judicata – Constructive res judicata as embodied
in Explanation IV or Section II.
4.
When Foreign Judgements are not conclusive (Section 13).
5.
Place of Suing – Section 15 to 21A provide the key to the topic.
Power of transfer and General power of transfer and withdrawal of
suits (Section 22 to 25).
6.
Service of Summons to Defendants under different circumstances;
Section 27 to 29 and order V.
7.
Execution of decrees and orders – Section 31 to 74 and order XXI
contain the details of the procedure of execution – Executing courts
– Function of Determines all questions relating to execution,
discharge and substitution of decree – Section 47 bars fresh suit in
all matters relating to execution, discharge and satisfaction of
decree – ‘Executing court cannot go behind the decree – exception
to this principle. Determination of any question under Section 47 is
not a decree under the amended code. To what extent salary is
attachable Section 10 Proceeds if execution sale to be rateably
distribution among decree – Arrost and attachment before
judgement (Order XXXVIII) – Temporary injunction Order XXXIX).
8.
Power of Civil court to issue commissions (Secs 75 to 78). Details of
procedure relating to Commissions (Order XXVI).
9.
Suits by or against Govt. or Public Officer in the Official capacity
(Secs. 79 to 81) – Notice to the Govt. or Public Officer (Section 80)
Interpleader Suits – Section 88 and order XXXV.
27
10.
Filling of a suit in respect of public Nuisance (Section 91).
11.
Procedure for filling of a suit in respect of breach of any expressor
or constructive trust created or public purposes of a charitable or
religious nature (Section 92).
12.
Appeals – from original decrees – from final decree where no appeal
from Preliminary decree Second appeal when St.5 lies – Appeals
from orders – Powers of appellate court – when appeal lies to the
Supreme Court (Section 96 to 112 and Orders XLI to XLIII).
13.
Review of Judgements (Section 114-Revision of Judgement (Section
115) – Order XLVII deals with details of review.
14.
The principle of restitution when decree is set aside or modified –
Section 144 – Determination of any question under Sec.144 is a
decree.
15.
Enforcement of Liability of Surety – Section 145.
16.
Right to lodge a Caveat by a person claiming a right to appears
before the court – Section 148A.
17.
Inherent power of court to make order for the ends of justice or to
prevent abuse of the process of Court (Sec. 151) – Amendments of
judgements, decrees and orders (Section 152) – General power to
amend (Section 153) power to amend decree of order where appeal
is summarily dismissed (Section 153A).
18.
Appeals by indigent persons – Suits in favour of paupers – Order
XXXIII and Order XLIV deal with detailed procedure on the topic.
The Limitation Act 1963
20 Marks
Sec. 1 – 20.
Books Recommended :
1.
Mulla – Code of Civil Procedure
2.
Mukherjee A. N. – Code of Civil Procedure
3.
C.K. Takwani - Civil Procedure
4.
S. Chakravarti and B. Nath – Cases and Materials
5.
A.N. Saha - Civil Procedure Code
6.
B.B. Mitra – The Limitation Act
7.
Ganguly – Civil Code Practice & Procedure
8.
V.G. Ramchandran – Law of Limitation
Four questions out of eight are to be answered from Civil
Procedure Code and one out of two from The Limitation Act.
28
Paper – 5.6.3
COMPANY
Total Marks – 100
LAW-I
1.
Concept of Company and history of company Legislations in
India.
2.
Procedure relating to formation of a Company (Sec. – 1 - 63 A)
3.
Finance of Company (Sec. – 69 – 164 and Sec. 224 – 233)
4.
Management of Company affairs. (Sec 165-223 & Sec 252-291388)
Note: Provisions of the Companies Act, 1956 should be studied with latest
amendments and SEBI guidelines.
Books Recommended :
1.
2.
3.
A Ramaiya - Guide to the Companies Act.
The Law relating to Government Control of Private Companies.
Indian Law Institute – Government Regulations of Financial
Management of private corporate Sector in India.
4.
T. R. Srinivasa Iyenger – The Law relating to the private Limited
Companies.
5.
N.D.Kapoor – Elements of Companies.
6.
Avtar Singh – Indian Companies Law
7.
S.C.Sen – New Frontier on Company Law
8.
S.M.Shah – Lectures on Company Law
9.
Fariedmann – Company Law and Capitalism ( Hudden Tom Public
Corporation )
10. Palmer – Principles of Modern Company Law (Grower Company
Guide)
11. S.C.Sen – Mergers, Amalgamation and Take overs (responsible
Company))
12. Pundy, Lindhal and Casyer – Corporate Concentration and Public
Policy.
13. Department of Company Affairs – Company News and Notes
Journal.
14. Company Law Journal – M.L. J. Press, Madras
15. K.I.Kali – A study on Sacchar Committee Report.
Five questions are to be answered out of ten.
Paper – 5.6.4
Total Marks – 100
LABOUR AND INDUSTRIAL LAW - I
Industrial Disputes Act :
80 Marks
1.
Object of the Act.
2.
Definition of Industry and Industrial Dispute, Appropriate Govt.
Average pay, Award, Controlled Industry, Employer, layoff,
Lockout, strike etc. workmen.
29
3.
4.
5.
6.
Procedure for the settlement of dispute and Authorities under the
Act. References of dispute, voluntary references to arbitration,
Awards and settlement.
Strike and Lock out – Prohibition, illegality penalties.
Lay off, Retrenchment of workmen, Transfer and closing down
under taking.
Miscellaneous – Change of condition of service, unfair labour
practices, Protected workman, Representation of parties, Recovery
of money due from employers.
Trade Unions Act :
20 Marks
1.
Scope and the object of the Act.
2.
Definitions : Trade Union, Trade dispute, Registrar, workmen etc.
3.
Registration of the Trade Union.
4.
Rights and privileges of Registered Trade Union, dissolution etc.
5.
Recognition.
6.
Collective bargaining and trade union.
7.
Unfair labour practices, Penalities and miscellaneous
All Statutes to be read with up to date amendments.
Books Recommended :
1.
P.L. Malik – Industrial Law
2.
S. N. Mishra – An Introduction of Labour and Industrial Law
3.
N. D. Kapoor – Handbook of Industrial Law
4.
S. Srivastave – Industrial Relations and labour Law
5.
S. M. Chaturbedi – Labour and Industrial Laws
6.
H.K. Saha Ray – An Industrial and Labour Laws in India
7.
Labour Laws Journals.
Four questions out of eight are to be answered from Industrial
Disputes Act and one question out of two from Trade Unions Act.
Paper – 5.6.5
Total Marks – 100
PRINCIPLES OF TAXATION
1.
Basic Concept : Direct and Indirect Tax, Source of Income Tax Law in
India, Basic Principles of Charging Income Tax, Diversion & Application of
Income, ‘Equity’, ‘quio and Pro quo and res-judication principles in taxation
provisions, Exemption & Deductions, Tax evasion, Tax avoidance, Tax
Planning, Rate or Rates of Tax, CBDT.
2.
Important Definitions: Person, Assessee, Assessment year, Previous year,
Income, Gross Total Income, Heads of Income, Casual income, Business,
Capital assets, Capital receipts and Revenue receipts, Capital expenditure
30
and Revenue expenditure, Amalgamation, Demarger, Infrastructure capital
company and infrastructure capital fund.
3.
Residential status and tax incidence.
4.
Income exempt from tax (sec.10).
5.
Agricultural Income – Meaning, Instances of agricultural income and nonagricultural income, Treatment of partly agricultural income, Tax treatment
of agricultural income and computation of agricultural income.
6.
Computation of Taxable income of individual, salaries and
house-property; only concepts and simple problems.
7.
Deduction from gross total income: Section: 80C, 80CCC, 80D, 80DD,
80DDB, 80E and 80G.
8.
Tax Management: Submission of returns and procedure of assessment,
PAN, TAN, Preliminary ideas of deduction and collection of tax at source,
Advancement of tax, Refund of tax, Appeals and Revision.
9.
Central Sales Tax Act, 1956: Introduction, objects, basic features,
definition of certain terms, incidence and levy of tax, Registration of dealers
& procedures thereof.
income from
10. West Bengal Value Added Tax: VAT Concepts, Salient features of VAT,
VAT versus sales tax, Merits & demerits of VAT, Coverage of goods under
VAT, Goods outside VAT, Method of computation of VAT, Definitions of
certain terms, Registration of dealers.
Books Recommended :
Taxmann : Direct Taxes : Law and Practice
Taxmann : Indirect Taxes : Law and Practice
Taxmann : Income Tax Act.
Five questions are to be answered out of ten.
SEMESTER – VII
Paper – 5.7.1
Total Marks – 100
COMPANY LAW – II
1
Majority rule
2
Control of Company affairs (Sec-234 – 251 and 389 – 409)
3
Procedure relating to winding up of a Company (Sec. 425 – 538)
4
Miscellaneous provisions ( Sec 539 – 658)
Note
:
Provisions of the Companies Act, 1956 should be studied with
Latest amendments & SEBI guidelines.
Books Recommended :
1.
A Ramaiya - Guide to the Companies AC.
2.
The Law relating to Government Control of Private Companies.
31
3.
Indian Law Institute – Government Regulations of Financial
Management of private corporate Sector in India.
4.
T. R. Srinivasa Iyenger – The Law relating to the private Limited
Companies.
5.
N.D.Kapoor – Elements of Companies.
6.
Avtar Singh – Indian Companies Law
7.
S.C.Sen – New Frontier on Company Law
8.
S.M.Shah – Lectures on Company Law
9.
Fariedmann – Company Law and Capitalism ( Hudden Tom Public
Corporation )
10.
Palmer – Principles of Modern Company Law (Grower Company
Guide)
11.
S.C.Sen – Mergers, Amalgamation and Take overs (responsible
Company))
12.
Pundy, Lindhal and Casyer – Corporate Concentration and Public
Policy.
13.
Department of Company Affairs – Company News and Notes
Journal.
14.
Company Law Journal – M.L. J. Press, Madras
15.
K.I.Kali – A study on Sacchar Committee Report.
Five questions are to be answered out of ten.
Paper – 5.7.2
Total Marks – 100
LABOUR AND INDUSTRIAL LAW - II
The Factories Act
40 Marks
1.
Object of the Act.
2.
Definitions : Sec. 2 of the Act.
3.
Approval and Licensing.
4.
Powers and functions of the Inspecting staff i.e. Inspector and
certifying surgeon.
5.
Provisions of Health, Safety and Welfare measures.
6.
Working conditions of Adult, Adolescent and Child workers including
women.
7.
Annual leave with wages.
The Worksmen Compensation Act
40 Marks
1.
Scope and objective of the Act including definitions under Sec. 2 of
the Act.
2.
Liability and defence against workmen’s compensation.
3.
Amount and distribution of compensation.
4.
Notice and claim of compensation, requirement under fatal
accident.
5.
Liability of the master for the act of third party.
32
6.
7.
8.
Commissioner : Appointment, Powers, reference, settlement of
dispute.
Registration of agreement and effect of non-registration.
Appeals, recovery etc.
The Minimum Wages Act
20 Marks
1.
Scope and object of the Act (including definitions including concept
of fair wage and living wage).
2.
Fixation and revision of minimum wage.
3.
Enforcement of the Act.
Note : All the Statutes to be read with up to date amendments.
Books Recommended :
1.
P.L. Malik – Industrial Law
2.
S. N. Mishra – An Introduction of Labour and Industrial Law
3.
N. D. Kapoor – Handbook of Industrial Law
4.
S. Srivastave – Industrial Relations and labour Law
5.
S. M. Chaturbedi – Labour and Industrial Laws
6.
H.K. Saha Ray – An Industrial and Labour Laws in India
7.
Labour Laws Journals.
Three questions out of six are to be answered from the Factories
Act and one question each out of two from the Worksmen
Compensation Act and The Minimum Wages Act.
Paper – 5.7.3
Total Marks – 100
ENVIRONMENTAL LAW
1.
U.N.
Stockholm
Declaration
1972,
Rio-Declaration
Johannesburg Declaration 2002 – Basic principles evolved.
2.
Environment Policy in India – Constitutional mandates, Enlargement
of interpretation of Article 21 of the Constitution.
3.
Environment (Protection) Act, 1986 ; Definitions and other
provisions of the Act.
Air (Prevention and Control of Pollution)
Definitions and other provisions of the Act.
Act,
1992,
1981;
Water (Prevention and Control of Pollution) Act, 1974 ;
Definitions and other provisions of the Act.
4.
Administration and functioning of Pollution Control Board:
(a)
For human being pertaining to water, Air, Noise & Nuclear
radiation.
(b)
For non human being pertaining to wild life, land use,
irrigation, forests etc.
33
5.
Laws relating to the role of Courts to protect environmental
pollution – Enlargement of locus standi and concept of Public
Interest litigation; Principles evolved.
6.
Legal sanctions and strategies to Control pollution – with reference
to E.P. Act, Water Act, Air Act & Public Liability Insurance Act, 1991
National Environment Tribunal Act, 1995.
7.
Prevention of cruelty to Animals Act 1960.
8.
Wild Life (Protection) Act 1972.
Books Recommended :
1.
Paras Diwan & Parag Diwan – Environment Management, Law &
Administration.
2.
P. Leelakrishnan – Environment and the Law
3.
Biswajit Mukherjee – Law and Environment
4.
K. Thakur - Environment Protection Law & Policy in India
5.
Armin Rosencranz, Shyam Diwan, Marth L, Noble – Environment
Law and policy in India – Cases, Materials and Statutes.
6.
Ball and Bell – Environment Law.
Five questions are to be answered out of ten.
Paper – 5.7.4
Total Marks – 100
DRAFTING, PLEADING AND CONVEYANCE
(Practical Paper)
1. Drafting –
45 Marks
General principles of drafting and relevant substantive rules (its
include not less than 15 practical exercises in drafting carrying a
total of 45 marks (3 marks for each).
2. Pleadings -
45 Marks
i) Civil – Plaint, Written Statement, Interlocutory Application,
Original Petition, Affidavit, Execution Petition, Memorandum of
Appeal and Revision, Petition under Art.226 and 32 of the
Constitution of India.
ii) Criminal – Complaint, Criminal Miscellaneous petition, Bail
Application, Memorandum of Appeal and Rivision.
iii) Conveyance – Sale Deed, Mortgage Deed, Lease Deed, Gift
Deed, Promissory Note, Power of Attorney, Will, Trust Deed.
iv) Drafting of Writ petition and PIL petition.
(It include 15 exercise in conveyancing carrying a total of 45 marks
(3 marks for each)
34
3. Viva-Voce –
10 Marks
Books Recommended :
1. Ganguly A. C. – Civil Court Practice Procedure
2. Ghosh S.C. – Forms & Peading
3. Gupta – Conveyancing, Pleading and Deeds – 5 vols.
4. Mazumder A.B. – Pleading
5. Mogha – Indian Conveyancer
6. Mulla – Civil Procedure Code (Students Edition).
Note : This course will be taught through class instructions and
simulation exercise, preferably with assistance of practicing
lawyers/retired judges.
Paper – 5.7.5
Total Marks – 100
INTERPRETATION OF STATUTES AND PRINCIPLES OF
LEGISLATION
1)
Meaning of the term ‘statute’
Purpose of interpretation of statutes
Internal aids – Title, Preamble; Heading and Marginal notes; Sections
and sub-sections, Punctuation marks, Illustrations, exceptions, provisos
and saving clause; Schedules, Non-obstante clause
External aids – Dictionaries, Translations, Travaux repertoires, Statutes
in pari material Contemporanea Exposito, Debates, inquiry commissions
reports and Law Commission Reports.
Presumptions in statutory interpretation – Statutes are valid, statutes
are territorial in operation, presumption as to jurisdiction presumption
against what is inconvenient or absurd presumption against intending
injustice
Prospective operation of statutes
2)
Rules of Statutory Interpretation
Primary Rules – Literal rule, Golden rule, Mischief rule (rule in the
Haydens case) Rule of harmonious construction
Secondary Rules – Noscitur a sociis, Ejusdem generis; Reddendo singular
singulis
3)
Maxims of Statutory Interpretation
Delegatus non potest delegare
Expressio unius exclusion alterius
Generalia specialibus non derogant
In pari delicto potior est condition possidentis
Utres valet potior quam pareat
Expressum facit cessare tacitum
In bonam partem
4)
Restrictive and beneficial construction – Taxing statutes, Penal statutes;
Welfare Legislation
Interpretation of enabling statutes
Interpretation of statutes conferring rights
5)
Principles of Constitutional Interpretation
35
Harmonious construction
Doctrine of pith and substance
Colourable legislation
Ancillary powers
Residuary power
Doctrine of repugnancy
Books Recommended :
1.
G.P. Singh, Principles of Statutory Interpretation
2.
Maxwell on The Interpretation of Statutes
3.
V. Sarathi, Interpretation of Statutes
4.
N. S. Bindra’s Interpretation of Statutes
Five questions are to be answered out of ten.
SEMESTER – VIII
Paper – 5.8.1
Total Marks – 100
ALTERNATE DISPUTE RESOLUTION
1.
Alternate Dispute Resolution Merits and demerits
Meaning,
Nature,
Scope,
2.
Arbitration and conciliation Act 1996 Sections – 2, 7-9, 10 – 33,
34 – 37, 44 – 50, 53 – 59, 62 – 76, 81
3.
Legal Services Authorities Act 1987
Books Recommended :
1.
P.C. Rao – Alternate Dispute Resolution
2.
S. K. Roy Choudhury and H.K.Saharay – Law of Arbitration and
Conciliation
3.
Tiwari – Arbitration and Conciliation Act
4.
Dr. A. Sen – Lok Adalat, Arbitration, Conciliation and ADR.
Arbitration and Conciliation Act 1996
Five questions are to be answered out of ten.
Paper – 5.8.2
Total Marks – 100
LAND LAWS INCLUDING TENURE AND TENANCY SYSTEM
1.
The West Bengal Land Reforms Act,
1955
- 60 Marks
2.
The West Bengal Premises Tenancy Act, 1997
- 20 Marks
3.
The West Bengal Apartment Act,
- 20 Marks
1972
36
Books Recommended :
1.
A. N. Saha
- West Bengal Land Reforms Act
2.
D. P. Chatterjee- West Bengal Land Reforms Act.
3.
N. K. Roy
4.
S. K. Sen
5.
Justice Mallick
6.
A. N. Saha
-
7.
Amal Das
- West Bengal Land Reforms Act, 1955
- West Bengal Land Reforms Act
- West Bengal Premises Tenancy Act
- West Bengal Land Reforms Act, 1955
Premises Tenancy Act
8. State Govt. Publication–The West Bengal Apartment Act, 1972
Three questions out of six are to be answered from (a), one
question each out of two from (b) & (c).
Paper – 5.8.3
Total Marks – 100
DIRECT TAXATION
Group – A
1.
Computation of Taxable Income
(a)
Heads of Income: Salaries, Income from house property, income
from profits & gains of business or profession, capital gains and
income from other sources.
(b)
Deduction from gross total income: Section: 80C, 80CCC, 80D,
80DD, 80DDB, 80E, 80G, 80GG, 80GGA, 80-IA, 80-IAB, 80-IB.
2.
Set off and carry forward of losses – Principles, Meaning, Intersource and Inter-head set off, carry forward and set off of losses
under section 71, 71B, 72A,73, 74, 79 and 94(7).
3.
Clubbing of Income.
4.
Assessment and Computation of Tax Liability: Individual, Firms and
Companies.
5.
Penalties and Prosecutions, Appeals and Revisions.
Group-B : Wealth Tax
6.
Introduction, Assesses liable to Wealth Tax, Persons exempt from
wealth-tax, definition of certain terms, Deemed assets, Incidence of
tax – how to compute net Wealth, Rounding off of tax, interest, etc.
Books Recommended
1. Taxmann : Direct Taxes : Law and Practice
2. Taxmann : Indirect Taxes : Law and Practice
37
3. Taxmann : Income Tax Act.
Five questions are to be answered out of ten.
Paper – 5.8.4
Total Marks – 100
INDIRECT TAXATION
1.
Central Sales Tax:
Sales tax law and general sales tax law, incidence of central sales tax,
sales exempt from sales tax, Administration of Central sale Tax Act,
Meaning of inter-state sale, sale or purchase which ‘occasions movement
of goods’ – meaning sale by transfer of documents, Transactions which do
not constitute inter-state sale, sale or purchase in the course of import or
export, persons liable to pay central sales tax, Registration of dealers,
compulsory registration, voluntary registration, Procedure for registration,
issue of certificate of registration, security of registration, forfeiture of
security, refusal to grant registration, Amendment of certificate of
registration, Benefits of registration, Rates of tax on sale in the course of
inter-state trade Commerce, Transactions which are exempt from CST,
Special provisions for taxation of declared goods, various declaration forms
under the CST Act, Penalties and Prosecution, Central Sales Tax Appellate
Authority, Determination of turnover, computation of tax liability.
West Bengal Value Added Tax
General principles of state-level VAT, Source of Law relating to value
added tax in West Bengal, Persons liable to pay tax under VAT, incidence
of tax on turnover of purchases of raw jute, cessation of liability to pay
VAT, General levy of tax on sales, General tax rate under VAT, Certain
restriction on claim to input tax credit, inadmissibility of input tax credit in
certain cases, carry forward to input tax credit, input tax credit in case of
branch transfer, Restrictions on input tax credit for sale at reduced price,
Input tax credit on capital goods, Registration of dealers. Maintenance of
accounts, records, etc., Particulars to be stated in an invoice, Cash memo
or bill, payment of tax and filing of return, Determination of net tax credit,
computation VAT liability.
Central Excise Duty
Introduction, Definition of some important terms, salient feature of the
Central Excise Act, 1944, Levy and Collection of Duty, Valuation of
excisable goods, Registration of prescribed persons, Registrations on
possession of certain goods, Price of goods to indicate the amount of duty
paid thereon. A preliminary concept of CENVAT Credit.
4.
Service Tax
Introduction, Constitutional provisions, salient features of service tax,
source of service tax law, classification of taxable services, valuation of
taxable services, persons liable to pay service tax, Registration, Payment
of service tax, Returns of service tax, Assessment procedures and other
provisions.
Books Recommended :
1. Taxmann : Direct Taxes : Law and Practice
2. Taxmann : Indirect Taxes : Law and Practice
3. Taxmann : Income Tax Act.
Five questions are to be answered out of ten.
38
Paper – 5.8.5
Total Marks – 100
HUMAN RIGHT LAW AND PRACTICE
1. Introduction to Human Rights
2. Philosophy, History and Development of Human Rights
3. International Human Rights Laws –
(a) Universal Declaration of Human Rights 1948.
(b) International Convenant on Civil and Political Rights – 1966.
(c) International Covenant on Economic, Social And Cultural Rights –
1966.
(d) Two Protocols of 1966 & 1989
4. The Protection of Human Rights Act 1993
5. Human Right Provisions in the Indian Constitution
6. Role of Judiciary Media & NGOs in the protection of Human Rights in
India
Books Recommended :
1.
D. Basu – Human Rights in Constitutional Law.
2.
P. Diwan – Human Rights and the Law.
3.
R.C. Hingorani – Human Rights in India.
4.
Paul Sieghart – The International Law of Human Rights.
5.
Brownlie – Basic Documents on International Law and Human
Rights.
Five questions are to be answered out of ten.
SEMESTER - IX
Paper – 5.9.1
Total Marks – 100
PROFESSIONAL ETHICS AND PROFESSIONAL
ACCOUNTING SYSTEM
(Practical Paper)
Written
Viva-Voce
Group - A
1.
The Advocates Act. 1961
2.
Bar-Bench Relation
3.
Contempt of Court
– 80 Marks
– 20 Marks
60 Marks
39
Group – B
Accountancy for Lawyers
20 Marks
Special lecture be arranged by inviting Professors of
Accountancy and Senior members of the Tax Bar to deliver lectures in
Accountancy for lawyers.
Group – C
20 Marks
Viva-Voce
Books Recommended :
1. Dutta Mazumdar N. - Professional Ethics
2. Justic Mukherjee. P.B.– Professional Ethics
3. S. P. Gupta – Professional Ethics and Bar Bench Relation.
4. Bare Act – The Advocates Act, 1961
Three questions out of six are to be answered from Group A and
one question out of two from Group B.
Paper – 5.9.2
Total Marks – 100
GENDER JUSTICE AND FEMINIST JURISPRUDENCE
1. Introduction :
1. Meaning, Object and Utility of Study of Gender Justice.
2. Feminism – Growth and Schools of Feminism.
3. Socio-legal Status of Women in Pre and Post Independence
India.
2. Rights of Women :
1. Rights of Women under the Indian Constitutional Law.
2. Women’s Rights under International Law.
3. Conventional on the Elimination of all forms of Discrimination
Against Women, 1979.
3. Some Legislations :
1. The Domestic Violence Act, 2005.
2. The Immoral Traffic (Prevention) Act, 1956.
3. The Indecent Representation of Women (Prohibition) Act.
4. Equal Remuneration Act, 1986.
Books Recommended :
1. Flavia Agnes – Law Relating to Gender Inequality : The Policies
of Women’s Right in India.
2. Hilare Barnett – Introduction to Feminist Jurisprudence.
3. S.P. Sathe – Towards Gender Justice.
4. N.K. Chakraborty and S. Chakraborty – Gender Justice.
Five questions are to be answered out of ten.
40
Paper – 5.9.3
Total Marks – 100
BANKING LAW
1.
Negotiable Instruments Act, 1882;
2.
Banking Regulator Act, 1949;
3.
Regional Rural Banks Act, 1976;
4.
Reserve Bank of India Act, 1934;
5.
Securitization and Reconstruction of Financial Assets and
Enforcement of Security Interest Act, 2002;
6.
Banking Ombudsman Scheme.
Books Recommended :
1.
Gupta, S.N. : The Banking Law in Theory and Practice, 3V.
2.
Singh, Avtar : Laws of Banking and Negotiable Instruments : An
Introduction.
3.
Sreekantaradhya, B.S. : Banking and Finance : Perspectives on
Reform.
4.
Tannan’s Banking Law and Practice in India.
Five questions are to be answered out of ten.
Paper – 5.9.4
Total Marks – 100
PETENT RIGHT CREATION AND REGISTRATION
1.
INTRODUCTION:
Definitions, Scope, Value, and Attributes of Patents, objects;
features of patent; rights and duties of patentee; Patentable and
non-patentable patents; product patents.
2.
ORIGIN AND DEVELOPMENT OF PATENT:
Developments of patent in India; Developments through
International treaties and conventions (Paris Convention, WIPO and
WIPO Treaties, Patent Co-operation Treaty, TRIPS.
3.
RIGHTS AND OBLIGATIONS OF PATENTEE:
Nature of Patent rights, limitations of patentee rights, Obligations of
patentee.
4.
AMENDMENTS,
RESTORATION,
SURRENDER
AND
REVOCATION OF PATENTS: Amendments of application before
Controller, High Court; Restoration of lapsed patents, application
and procedure of application; Rights of Patentee on restrictions;
Surrender of patents; Revocation of patents.
41
5.
PRODUCT PATENT IN CASE OF MEDICINE AND DRUG:
Exclusive marketing rights(EMR), prior users of the invention
protected, compulsory licensing in respect of EMR, Power of central
Govt., Suits, Validity of grant of exclusive rights.
6.
PATENT OFFICE , REGISTER OF PATENTS, THE CONTROLLER
AND HIS POWERS:
Register of patents, rectification of register, Patent office and its
branches, power of controller, power of central govt. Appeal
7.
ESSENTIALS OF PATENT FOR REGISTRATION:
Patentable subject matter, Novelty, Anticipation, non-obviousness.
8.
REGISTRATION OF PATENT:
Importance of registration, who may apply? Form and procedure of
application; publication and examination of applications, search and
search report, procedure for acceptance and disposal of application,
Exclusion of Marketing rights, patent of addition, grant and sealing
of patents, Exclusion of Marketing rights, term of patent and
statutory provision.
9.
SPECIFICATION:
General meaning, filing of specification and their contents,
provisional specification, complete specification, construction of
specification, amendments of specification.
10.
OPPOSITION OF GRANT OF PATENTS:
Procedure, discretion of controller, Grounds of opposition, grant and
sealing of patents.
11.
TRANSFER OF PATENTS RIGHTS:
General, Scope of power to transfer patent rights, assignments,
Licences , Compulsory licenses, Licenses of right and revocation for
non-working.
12.
REVOCATION AND SURRENDER OF PATENTS:
General, revocation of patents by interested person; grounds for
revocation; prior secret use, prior grant, lack of novelty or
anticipation, obviousness or lack of inventive step, combination
patents, selection patents, inutility, insufficiency, non disclosure of
best method, claim not clearly defined; surrender of patent
13.
INFRINGEMENTS OF PATENT:
General; what constitute infringement; action for infringement;
Relief for infringement, Literal Infringement
Doctrine of Equivalence, Contributory Infringement, Defenses to
infringement including experimental use, inequitable conduct,
patent misuse
42
14.
SUIT IN CASE OF INFRINGEMENT OF PATENTS:
General, court in which suit to be instituted, reliefs may be claimed,
defenses which may be taken, burden to prove, procedure, power
of courts, restrictions on the power of the courts, appeal to
appellate board established under T.M. Act for the purpose of
patent Act 1970.
15.
SCIENTIF ADVISOR AND PATENT AGENT:
General, scientific advisor, roll of scientific advisor, patents agents,
register of patent agents, qualification for patent agents, rights and
function of patent agents, procedure of registration of patent
agents.
Books recommended:
1. Terrell on the Law of Patents, Sweet and Maxwell
2. Brian C. Reid, A Practical Guide to Patent Law, Sweet and
Maxwell.
3. Narayanan, P. :Patent Law, Eastern Law House,
4. Mainly on Patents, Buttorworths.
5. P. Narayanan, Intellectual Property Law, Eastern Law House
Five questions are to be answered out of ten.
Paper – 5.9.5
Total Marks – 100
AFFIRMATIVE ACTION AND DISCRIMINATIVE JUSTICE
1. Equality Rights and Justice
2. Reservation policy of the Government in General and Public
Employment.
3. Women Protection and Child Protection.
4. Abolition of Racial Discrimination and begar system.
5. Economic democracy in India.
Books Recommended :
1. J. N. Pandey
2. V.N. Sukla
Constitutional Law of India
3. M.P. Jain
4. Abolition of Bonded Labour by S.K. Singh.
Five questions are to be answered out of ten.
43
Paper – 5.9.6
Total Marks – 100
CORPORATE GOVERNANCE
1. Concept of Corporate Governance
2. Corporate Governance - Historical Perspective
3. Corporate Governance and Role of Institutional Investors
4. Principles of Corporate Governance – OECD Guidelines :
The right of shareholders and equitable treatment of shareholders
The Role of Stakeholders in Corporate Governance.
Disclosure and Transparency.
5. Mechanism and Control :
Internal Corporate Governance Control.
External Corporate Governance Control.
6. The legal obligation of Board of Directors in Corporate Governance
and Board –Management relationship.
7. The Concept of Corporate Social Responsibility (CSR) in India.
Books Recommended :
1.
Subhas Chandra Das – Corporate Governance in India : An
Evaluation.
2.
Sanjay Bhayana – Corporate Governance Practice.
3.
Robert A.G.Monks – Corporate Governance.
4.
Avtar Singh – Company Law
5.
Darryl Reed and Sanjay Mukherjee – Corporate Governance,
Economic Reforms and development.
6.
Sanjay Agarwal – Corporate Social Responsibility in India.
7.
Ravi pullani I and Mahesh Pullani (ed) - Bharat’s Manual of
Companies Act and Corporate Laws : including SEBI Rules,
Regulations, etc.
Five questions are to be answered out of ten.
SEMESTER - X
Paper – 5.10.1
Total Marks – 100
INSURANCE LAW
General Principles;
Definitions of Insurance;
Essential Elements : Insurable Interest;
Materiality of Facts;
Life Insurance;
44
Fire Insurance;
Marine Insurance;
Liability Insurance;
The Insurance Act, 1938;
The Insurance Regulatory and Development Authorities Act, 1999.
Books Recommended :
Murthy, K.S.N. and Sarma, K.V.S. : Modern Law of Insurance in India.
Singh, Avtar : Law of Insurance.
Bharat’s Manual of Insurance Laws.
Misra, M.N. : Insurance Law.
Nagarjun, R.K. : Law of Insurance.
Five questions are to be answered out of ten.
Paper – 5.10.2
Total Marks – 100
MOOT COURT EXERCISE AND INTERNSHIP
(Practical Paper)
1.
Moot Court –
30 Marks
Every student may be required to do at least three moot courts in a
semester with 10 marks for each. The moot court work will be an
assigned problem and it will be evaluated 5 marks for written
submissions and 5 marks for oral advocacy.
2.
Observance of Trial in two cases, one Civil and one Criminal (In
District Court, High Court and Supreme Court) –
30 marks.
Students may be required to attend two trials in the course of the
last two or three years of LL B studies. They will maintain a record
and enter the various steps observed during their attendance on
different days in the court assignment.
3.
Interviewing techniques and pre-trial preparation and Internship
diary –
30 marks
Each student will observe two interviewing sessions of clients at the
Lawyer’s Office/Legal Aid Office and record the proceedings in a
diary which will carry 15 marks.
Each student will further observe the preparation of documents and
45
court papers by the Advocate and the procedure for the filing of the
suit/petition. This will be recorded in the diary, which will carry 15
marks.
4.
Viva-Voce –
10 marks
Paper – 5.10.3
COPYRIGHT
Total Marks – 100
1.
INTRODUCTION:
Definition, Nature, Scope, history, Indian copyright, main
features, object, International conventions, copyright and GATT,
fixation of copyright, originality as an element of copyright,
Ideas, impact of digital medium.
2.
SUBJECT MATTER OF COPYRIGHT: SUBJECT IN WHICH
COPYRIGHT SUBSISTS:
The works in which copyright subsists, qualification for
subsistence, Literary work, Dramatic work, Musical work, Musical
work, Artistic work, Cinematographic film, Sound recording,
Computer
programme,
Broadcasting,
Cable
Network,
photograph, Book.
3.
OWNERSHIP OF COPYRIGHT:
Who is author? Joint authorship, status of the author, first owner
of copyright, Employee work, Commissioned work, Author of a
cinematographic work and sound recording, Computer
generated works, ownership of moral right and related right.
4.
TERM AND LIMITATIONS ON COPYRIGHT:
Introduction, term in case of published literary, dramatic musical
or dramatic works, term in case of anonymous and
pseudonymous work, term in case of posthumous, photograph,
cinematograph, sound recording, Government works, works of
public undertakings and in work of international organisation;
Limitations to of copyright, temporal limitations, statutory
licences, Fair Access to copyrighted creations, Doctrine of Fair
dealing or permitted acts.
5.
RIGHTS UNDER COPYRIGHT:
General, interest of authors, exclusive economic right, moral
right, and related rights.
6.
RIGHTS
OF
BROADCASTING
ORGANISATION
AND
PERFORMERS
General, broadcasting reproductions rights, infringement, acts
not constituting infringement, copyright subsisting in the
contents of broadcast, television, musical work, recording;
performers right, infringement of performers right, act not
constitution infringement of performers rights
46
7.
TRANSFER OF COPYRIGHT:
Assignments, transfer by law, relinquishment of copyright;
licences, voluntary licences, non-voluntary licences
8.
COPYRIGHT OFFICE, COPYRIGHT BOARD AND COPYRIGHT
SOCIETY:
Copyright office, Register of copyright office, evidentiary value of
register of copyright, function and obligation of registrar of
Copyright; Copyright Board, constitution and function of
copyright board, power and procedure of copyright board and its
obligation; Copyright society, registration of copyright society,
function and obligation of copyright society, control of owners of
copyright, rights and liabilities of pre-existing societies.
9.
REGISTRATION OF COPYRIGHT:
Introductory, qualification for registration, procedure for
registration, entries in register, correction of entries, rectification
of register by Copyright Board.
10.
INTERNATIONAL COPYRIGHT:
Introduction, extension of copyright in foreign works, works of
certain international organisations, restrictions of rights, order
as to International copyright to be laid before Parliament.
11.
INFRINGEMENT OF COPYRIGHT:
General, what is infringement? When copyright is infringed?
Which are not infringements of copyright? When breach of
conditions amount to infringement of copyright? Importation of
infringing copy, transit rights of land locked countries, obligation
of copyright societies in case of account, resale- share right in
original copies of author.
12.
REMEDIES
AGAINST
THE
INFRINGEMENT
OF
COPYRIGHTS:
Introduction ; Who can claim remedy? Against whom one may
proceed? Civil remedies, Criminal remedies, Administrative
remedies, Anton Pillar order, Protection of separate rights,
restriction of remedies, suit for declaration, jurisdiction of court,
delivery of infringing copies and plates. Remedy by appeal.
Books recommended:
1.
P. Narayanan, Copyright and Industrial Design, Eastern Book
House.
2.
W.R. Cornish, Intellectual Property, Sweet and Maxwell,
3.
S.M. Steward, International Copyright and Neighbouring Rights,
Butterworths.
4.
Alka Chawla, Copyright and Related Rights Nayional and
International perspective, Macmillan India Ltd.
5.
P. Narayanan, Intellectual Property Law, Eastern Law House
Five questions are to be answered out of ten.
47
Paper – 5.10.4
Total Marks – 100
LEGISLATIVE DRAFTING
1. Of Legislation :Definition, Meaning, Principles, Nature, Scope, Advantages,
Disadvantages and Types
2. Meaning, concept and historical background of legislative drafting
3. Responsibilities of draftsmen
4. Difficulties in legislative drafting
5. Legislative drafting techniques
6. General rules of legislative drafting
7. Use of words, syntax and punctuation in legislative drafting
8. Scrutiny of drafting
9. Forms of Legislative instruments
Books Recommended :
1. Thornton, Legislative Drafting, 2nd Ed. 1979
2. Miers, Legislation
3. Hutton, The Mechanics of Law Reform
4. The Process of Legislation, Second Report from the Select
Committee on Procedure 1971
5. Allen, C. K., Law in the Making (1997), First Indian Reprint,
Universal Law Publishing Co. Pvt. Ltd., New Delhi.
Five questions are to be answered out of ten.
Paper – 5.10.5
Total Marks – 100
OFFENCES AGAINST CHILD AND JUVENILE OFFENCES
1.
The Indian Penal Code, 1860 – sections.
2.
The Juvenile Justice (Care and Protection of Children) Act, 2000.
3.
The Child Labour Prohibition Act, 1976.
4.
The Trafficking of Children and Immoral Traffic Prevention Act.
5. The Pre Natal Diagnostic Techniques (Prohibition) Act, 1994.
Books Recommended :
1. K.D. Gam – Criminal Law and Criminology
2. Ved Kumari – The Juvenile Justice System in India.
3. R.N. Choudhuri – Law relating to Juvenile Justice in India.
4. S.S. Srivastava – Criminology & Criminal Administration.
Five questions are to be answered out of ten.
48