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19-Apr-2017. This is the text version of LL.B. Sem-5 Gujarat University syllabus as
published by the university.
No claim is made/ implied about truthfulness of the document.
Reader is encouraged to also refer to the document as published by the university at,
http://www.gujaratuniversity.org.in/web/NWD/Downloads/Syllabus/List%20of
%20Syllabus/20%20-%20UG-CBCS%20Syallabus%20(wef%20Jun-
2011)/LLB/Syllabus_Law%20Sem-1-to-6%20(Upgraded)%20wef-04-Jun-2013.pdf

CONTENTS
THREE YEARS LL.B. PROGRAMME
Semester V

1) 301 --- Civil Procedure Code and Limitation Act

2) 302 --- Criminal Procedure Code
3) 303 --- Law of Evidence
4) 304E --- Public interest Lawyering
5) 305E --- Intellectual Property Law
6) 306F --- Principles of Negotiable instruments
7) 307K --- Rehabilitation of Criminals & Juveniles in Society & Law

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CORE COURSE 301

Civil Procedure Code and Limitation Act

Objectives of the course :

Civil Procedure code is a subject daily use by the courts and lawyers and a student
cannot afford to have scant knowledge of civil procedure when he goes out to practice
as a lawyer. True that it is through expenses one gets expert knowledge of civil
procedure. However, it is necessary to have good grounding in the subject before one
enters the profession. While the substantive law determines the rights of parties.
Procedural law sets down the norms for enforcement. Whenever civil rights of persons
are affected by action, judicial decisions will supply the omissions in the law.
The Code of Civil Procedure in India has a chequered history and lays down the details
of procedure for redressal of civil rights. Many questions may prop up when one goes to
indicate one's civil rights. The courts where the suit is to be filed, the essential forms
and procedure for institution of suit, the documents in support and against, evidence
taking and trial, dimensions of an interim order, the peculiar nature of the suits, the
complexities of executing a decree and provisions for appeal and revision are all
matters which a lawyer for any side is to be familiar with.
A delay in filing the suit, besides indicating the negligence of the plaintiff in effectively
agitating the matter on time, may place courts in a precarious situation. They may not
be in a position to appreciate the evidence correctly. Evidence might have been
obliterated. Hence the statute of Limitation fixes a period within which a case has to be
filed.
Weightage of Marks :
Civil Procedure Code : 80 Marks
Limitation Act : 20 Marks

SYLLABUS :

1) Introduction, Basic Principles and Jurisdiction of the Courts :

1.1) Concept, Plaint, Written Statement, Affidavit, Order, Judgment , Decree
1.2) Restitution, Execution, Decree-holder, Judgment-debter, Mesne Profits
1.3) Distinction between decree and judgment and between decree and order.
1.4) Kinds and Jurisdiction of Courts, Hierarchy of Courts :
1.4.1) Suits of Civil Nature : Scope and limits, Place of Suing, Institution of Suit
1.4.2) Parties to suit, Joinder, Non-Joinder and Mis-joinder of Parties,

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Representative suit, Framing of Suit, Cause of Action,

1.4.3) Res Judicata and Res Sub-judice, Foreign Judgment & its enforcement
1.4.4) Provisions relating to ADR : Settlement of the Disputes outside the
courts (Sec.89) object, purpose, background and procedure
1.4.5) Issuance of Summons

2) Trial Procedure, Judgment, Suits in particular cases :

2.1) Appearance of parties, Ex-parte procedure, Effect of Death, Marriage &
Insolvency of Parties
2.2) Attendance of witnesses, Adjournments, Set off and Counter Claims, Discovery,
Inspection & Production of Documents
2.3) Trial procedure, Interim orders: Commission, arrest or attachment before
judgment, injection and appointment of receiver, Interest and costs
2.4) Suits in particular cases :
2.4.1) Suits by or against Government/Public Officers (Sec. 79-82)
2.4.2) Suits by aliens and by or against foreign rules or ambassadors (ss83-
87A)
2.4.3) Suits relating to Public nuisance (ss 91-93)
2.4.4) Suits by or against firm 2.4.4 Suit by Indignant persons(O. 33), Suit of
Mortgage
2.4.5) Interpleader suits
2.4.6) Suits relating to public charities
2.4.7) Summary Suits and other special suits
2.5) Execution: Concept, General Principles, Procedure & Powers Execution of Decree
(Sec.52-54)
2.6) Enforcement, arrest and Detention (Sec. 55-59), Attachment (Sec. 60-64), Sale
(Sec.65-97), Delivery of Property, Stay of Execution

3) Appeals, Review, Reference, Revision and Miscellaneous

3.1) Appeals : Concept and General Provisions
3.1.1) Appeals from original decree
3.1.2) Appeals from appellate decree
3.1.3) Appeals from orders
3.1.4) Appeal to the Supreme Court
3.1.5) First Appeal and Second Appeal
3.2) Review, Reference and Revision
3.3) Miscellaneous Provisions :
3.3.1) Transfer of cases

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3.3.2) Restitution
3.3.3) Caveat
3.3.4) Inherent powers of courts
3.4) Law Reform: Law Commission on Civil Procedure Amendments

4) Limitation Act:
4.1) Concept and object of the Act
4.2) law assists only vigilant and not those who sleeps over his rights
4.3) Distinction with latches, acquiescence, Prescription
4.4) Extension and suspension of Limitation, Liability of Govt. Departments for delay
& Judicial pronouncements
4.5) Sufficient cause for not filling the proceedings :
4.5.1) Illness
4.5.2) Mistaken Legal Advise
4.5.3) Mistaken view of Law
4.5.4) Poverty, minority and Purdha Imprisonment Defective Vakalatnama,
Legal Liabilities
4.5.5) Foreign rule of limitation : contract entered into under a foreign law,
Acknowledgement - essential requisites continuing tort and continuing
breach of contract

GO TO CONTENTS.

Suggested Readings :
Mulla, Code of Civil Procedure, Universal, Delhi.
C.K. Thakker, Code of Civil Procedure, Universal, Delhi.
M.R. Mallick (ed), B.B. Mitra on Limitation Act, Eastern Lacknow.
Majumdar P.K. and Kataria R.P. Commentary on the Code of Civil Procedure, 1908,
Universal, Delhi.
Jain M.P., Code of Civil Procedure with Amendments, Wadhwa
Shah A.N. The code of civil procedure, Universal, Delhi. Sarkar's Law of Civil Procedure,
Vols, Universal, Delhi.
Sukumar Ray, Textbook on the Code of Civil Procedure, Universal Law Book Co.
Dr. Avtar Singh, Code of Civil Procedure, Central Law Publication
Universal's Code of Civil Procedure

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Jain MP, The Code of Civil Procedure, Wadhwa Nagpur Publication

Avtar Singh, Code of Civil Procedure, Central Law Publication
Mathur D. N., The Code of Civil Proceudre, Central Law Publication
U. N. Mitra, Limitation and Prescription
AIR Commentaries on the Limitation Act
S. R. Myneni, Law of Limitation, Asia Law House, Hyderabad

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CORE COURSE 302

Criminal Procedure Code

SYLLABUS :

1) Constitution and powers of Criminal Courts and Police Officers & Provisions relating to
Maintenance of Wives, Children & Parents :
1.1) Definitions : Bailable and Non-bailable offenses, Cognizable and Non-cognizable
offenses, Investigation,
1.2) Constitution, Classes of Criminal Courts, Powers of superior officers of police,
Provisions relating to arrest of persons, Service of Summons
1.3) Provisions relating to attachment and forfeiture of property, Security for keeping
peace and good behavior
1.4) Order for maintenance of Wives, Children and Parents
1.4.1) Maintenance of divorced wives
1.4.2) Judicial Pronouncements

2) Maintenance of Public Order & Tranquility, Investigation, Inquiry and Jurisdiction of

the Criminal Courts and Trial Procedures in Criminal Cases :
2.1) Maintenance of Public Order & Tranquility, Powers of the police to take preventive
actions
2.2) FIR, Criminal Complaint, Power of Police to make investigation, procedure, filing
of report, Charge-sheet
2.3) Jurisdiction of Criminal Courts in Inquiries and trials
2.4) Charge :
2.4.1) Provisions relating to framing of Charge
2.4.2) Addition of Charges
2.4.3) Alteration of Charge
2.4.4) Separate charges for distinct offenses

3) Trial Procedure in Criminal Cases & its General Provisions :

3.1) Criminal Trials :
3.1.1) Trial before the Court of Session
3.1.2) Warrant Trial Cases by Magistrates - procedure
3.1.3) Summons Trial Cases by Magistrates - Procedure
3.1.4) Summary Trials
3.1.5) Distinction: Discharge, Acquittal and Conviction

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3.2) Plea Bargaining procedure

3.3) General Provisions relating to Inquiries and Trials :
3.3.1) Person once convicted/acquitted, not to be tried for same offence
3.3.2) Public Prosecutors, Legal Aid to accused, Tender of Pardon to accomplice,
Compounding of Offences and other provisions
3.4) Provisions as to accused persons of unsound mind
3.5) Provisions relating to judgment
3.6) Submission of Death Sentence for confirmation

4) Appeals, Reference, Revision, Transfer of cases, Provisions relating to Bail and Bonds
and Miscellaneous provisions
4.1) Appeal: Concept - creation of statute - cannot be filed as a matter of right
4.1.1) Kinds of Appeal:
4.1.1.1) Against conviction
4.1.1.2) For enhancement of sentence
4.1.1.3) Against acquittal order: By Public Prosecutor & by private person
4.1.1.4) For compensation to victims
4.1.2) When appeal is not permissible
4.1.3) Special Right to prefer appeal (Appeal in non-appealable cases)
4.1.4) Powers of the Appellate Court
4.2) Revision : Scope and purpose
4.2.1) When permissible?
4.2.2) Revisional Courts & their Powers
4.3) Reference : purpose and significance
4.4) Execution, Suspension, Remission and Commutation of Sentences
4.5) Provisions relating to Bail and Bonds,
4.5.1) Bail in Bailable and Non-bailable Offences & related provisions
4.5.2) Anticipatory Bail
4.5.3) Approach of the Apex Court in granting Bail
4.6) Miscellaneous:
4.6.1) Inherent Powers of High Courts
4.6.1.1) Powers to quash FIR, Criminal Complaints and Criminal
Proceedings
4.6.1.2) Judicial approach and guidelines given by the Apex Court while
exercising quashing powers by High Courts

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GO TO CONTENTS.

Suggested Readings :
Retanlal & Dhirajlal , Code of Criminal Procedure, Lexis Nexis -
Butterworths Wadhwa, Nagpur
Chandrasekharan Pillai (Ed), Kelkar Lectures on Criminal Procedure, Eastern, Lucknow.
Principles, Commentaries on the Code of Criminal Procedure, 2 Vol., Universal
Woodroffe : Commentaries on Code of Criminal Procedure, 2 Vol, Universal
Chandrasekharan Pillai (Ed), Kalkar's Outlines of Criminal Procedure,
Eastern, Lacknow.
AIR's Criminal Major Act, AIR, Nagpur
R.V. Kelkar, Criminal Procedure, Eastern Book Co.
C. K. Thakkar, Criminal Procedure Code, Eastern Book Co.
S. N. Mishra, Code of Criminal Procedure, 1973 with Probation of Offenders Act and
Juvenile Justice (Care & Protection of Children) Act, 2000, Central Law Publication
D. A. Sen, Criminal Major Act, Bharat Publication

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CORE COURSE 303

Law of Evidence

Objectives of the course :

The law of evidence, is an indispensable part of both substantive and procedural laws. It
imparts credibility to the adjudicatory process by indicating the degree of veracity to be
attributed to 'facts' before the forum. This paper enables the student to appreciate the
concepts and principles underlying the law of evidence and identify the recognized
forms of evidence and its sources. The subject seeks to impart to the student the skills
of examination and appreciation of oral and documentary evidence in order to find out
the both. The art of examination and cross-examination and cross-examination and the
shifting nature of burden of proof are crucial topics. The concepts brought in by
amendments to the law of evidence are significant parts of study in this course.

SYLLABUS :

1) Introduction, Definitions and Relevancy of Facts :

1.1) Main features of the Evidence Act and its applicability
1.2) Definitions: Proved', 'Disproved and Not Proved', 'May Presume and 'Shall
Presume, Conclusive Proof
1.3) Relevancy of Facts, Facts in Issue, Distinction between them
1.3.1) Facts necessary to explain/introduce relevant facts
1.3.2) When Facts not otherwise relevant become relevant
1.4) Admission : definition,
1.4.1) Admission by different persons,
1.4.2) Oral admission, relevant provisions
1.5) Confession: Definition, Distinction between Admission and Confession
1.5.1) Confession made before different persons/authorities and its relevancy
and evidential importance, relevant provisions
1.6) Distinction between Oral and Documentary Evidence
1.7) Statement by persons who cannot be called as witnesses
1.8) Statements made under special circumstances
1.9) Judgments of courts of justice, when relevant
1.10) Opinion of third persons: Its relevancy:
1.10.1) Opinion of Experts

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1.10.2) Opinion as to handwriting experts

1.10.3) Opinion as to digital signature other relevant provisions as to expert
opinion
1.10.4) Relevancy of opinion as to character

2) Types of evidence :
2.1) Judicial Notice
2.2) Oral Evidence : General Provisions
2.3) Documentary Evidence : General Provisions
2.3.1) Primary and Secondary Evidence and its related provisions
2.3.2) Special provisions as to evidence relating to electronic record and its
Admissibility, proof as to digital Signature & its Verification
2.3.3) Public documents and private documents
2.4) Presumptions as to documents including Gazettes in electronic forms
2.5) Statement by persons who cannot be called as witnesses
2.6) Presumption in case of Dowry Death and cases involving violation of women's
rights

3) Dying Declaration, Stages of Examination of Witnesses :

3.1) Dying Declaration: Definition, Principle for relying upon Dying Declaration
3.1.1) Evidential Value of Dying Declaration
3.1.2) Essentials for recording Dying Declaration
3.1.3) Judicial Approach for appreciation of the contents of Dying Declaration
3.2) Stages of Examination of Witnesses:
3.2.1) Examination in Chief
3.2.2) Cross Examination :
Essentials
Art of Cross Examination
3.2.3) Re-examination
3.3) General Principles of examination and cross examination
3.4) Lawful questions in cross-examination
3.5) Leading questions
3.6) Hostile witness, Impeaching of the standing or credit of witness

4) Burden of Proof and Estoppel :

4.1) Burden of Proof: Meaning
4.1.1) The general conception of onus probandi

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4.1.2) General and special exceptions to onus probandi

4.2) The Justification of presumption and of the doctrine of judicial notice
4.3) Justification as to presumptions as to certain offences
4.3.1) Presumption as to abetment of suicide by a married woman (Sec. 113-A)
and dowry death (Section 113-B)
4.3.2) Presumption as to absence of consent in certain prosecution for rape
(Sec. 114-A)
4.4) The Scope of the doctrine of judicial notice (Section 114)
4.5) Estoppel: Meaning, importance
4.5.1) Distinction : Estoppel, res judicata, Waiver and presumption
4.5.2) Kinds of Estoppel:
Estoppel by deed
Estoppel by conduct
Equitable and Promissory Estoppel
Tenancy Estoppel
4.6) Questions of corroboration (Section 156-157)

GO TO CONTENTS.

Suggested Readings :
Sarkar and manohar, Sarkar and Evidence, Wadha & Co. Nagpur
Sir John Wood Roffe & Syed S. Amir Alis Law of Evidence Vol. 1-4
Indian Evidence Act, (Amendment up to date)
Ratan Lal & Dhiraj Lal Law of Evidence, LexisNexis Butterworths Wadhwa, Nagpur
Pole in Murphy, Evidence) Universal Delhi.
Albert S. Osborn, The Problem of Proof, Universal Publication, Delhi.
Avtar Singh, Principles of the Law of Evidence, Central Law Agency, New Delhi
Batuk Lal, The Law of Evidence, Central Law Agency

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ELECTIVE COURSE 304E

Public interest Lawyering

Objectives of the course :

The entire paper is designed taking into consideration the development, growth,
popularity and importance of Public Interest Litigation in the country. It is expected
from the law students to thoroughly digest necessary principles, rules, cases and
relevant Constitutional provisions before initiating Public Interest Litigation. The object
of the PIL is to secure and protect the fundamental rights of people at large, more
particularly the rights of poor, illiterate and ignorant people. The study of relevant
constitutional provisions is also must. In this course students will also study the concept
of PIL by observing the trend of Judicial Activism of the Courts as well as landmark
decisions of the courts in important areas like Human Rights, Environment Protection,
Protection of Rights of Women, prevention of Misuse of Powers by Public Officials etc.
Students are expected to study and prepare themselves by studying Hypothetical
problems also. The new entrant to the Bar must know that the Public Interest Litigation
is not for gaining cheap popularity or taking revenge or for obtaining personal benefit.
The course is designed for imparting theoretical as well as practical knowledge of Public
Interest Litigation.

SYLLABUS :

1) Public Interest Lawyering

1.1) Historical Background of PIL, Concept and Meaning,
1.2) Origin of PIL in other countries and in India
1.3) Development & Scope of PIL in India
1.4) When PILs can be filed and when cannot be filed ?
1.5) PIL AS a silent Revolution
1.6) PIL Relaxation of the Principle of Locus Standi.

2) Powers of the Courts to entertain Public Interest Litigation:

2.1) Jurisdiction of the Courts to hear PILS :
2.1.1) Relevant Constitutional Provisions : PIL - part of Writ Jurisdiction
2.1.2) Powers of High Courts under Article 226 of the Constitution
2.1.3) Supreme Court Powers under Article 32 and Article 142 of the
Constitution
2.2) The High Court of Gujarat Practice and Procedure for Public Interest Litigation

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Rules, 2010 and proforma for filing PIL before the High Court of Gujarat
2.3) Powers of Courts to award compensation in PILs
2.4) Precautions necessary for a lawyer before filing PILs

3) Advantages, Disadvantages and Limitations of PILs :

3.1) Advantages of PIL :
3.1.1) PIL : Blessings for poor and illiterate persons
3.1.2) PIL : protecting Human Rights of Prisoners (Including Article 21),
persons in police custody
3.1.3) PIL : An effective tool for protection of Environment
3.1.4) PIL : Necessary to prevent politicians / Executives from exercising
arbitrary powers
3.1.5) PIL : Necessary to issue guidelines in the event of lacuna of law in any
situation (Article 142)
3.1.6) PIL : Necessary for Protecting Women's Rights and safety
3.1.7) PIL : Necessary for maintaining independence and impartiality of
Judiciary
3.1.8) Other advantages of PIL
3.2) Disadvantages of PILs :
3.2.1) PIL : Breach of doctrine of Separation of Powers
3.2.2) PIL : Responsible for Judicial over-activism
3.2.3) Often difficult for the Executives to obey orders due to financial
constraints, shortage of time or for other reasons
3.3) Limitations ofPILs :
3.3.1) Every wrong cannot be rectified through PIL
3.3.2) Impossible to curtail the misuse of PIL by the Courts
3.3.3) Consumption of time during litigation
3.3.4) Problems of implementation of orders through administrative agencies
and practical difficulties to implement the orders

4) Judicial Pronouncements and Hypothetical Problems related to PILs :

4.1) Important Judicial Pronouncements of the Supreme Court in various areas like
Human Rights, Environment, Protection of FRs of people at large, Compensation
to victims etc. (Latest important cases may be taken into consideration)
4.2) For laying down important Principles like: Polluter Pays Principle, Public Trust
Doctrine, Precautionary Principle, Principle of Absolute Liability, Principle of
Sustainable Development etc.
4.3) Problems ofPILS based on Hypothetical Facts

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GO TO CONTENTS.

Suggested Readings :
Kailas Rai : Public Interest Lawyering
Dr. B. L. Wadehra, Public Interest Litigation, Universal Law Book Publication
V. N. Shukla, Constitutional Law of India, Eastern Book Company
M. P. Jain, Constitutional Law of India, Eastern Book Co.
Pandey J. N., Constitution of India,
M. P. Jain, Constitutional History of India
Dr. N. V. Paranjape, Public Interest Litigation, Legal Aid & Services, Lok Adalats & Para-
Legal Services, Central Law Agency
Dr. S. S. Sharma, Legal Services, Public Interest Litigation and Para-legal Services,
Central Law Agency
S. Bava, Public Interest Litigation, Allahabad Law Agency
O. P. Tewari, Public Interest Litigations, Allahabad Law Agency
Mamta Rao, Public Interest Litigation (Legal Aid and Lok Adalats), Eastern Book
Company
Dr. S. R. Myneni, Public Interest Lawyering, Legal Aid and Para Legal Services, Asia Law
House
G. B. Reddy, Judicial Activism in India : Gogiya Law Agency, Hyderabad
Public Interest Litigation: P. S. Narayana : Asia Law House
Reputed Law Journals and Legal Software for perusal of Latest Cases on PIL
www.gujarathighcourt.nic.in (for Gujarat High Court PIL Rules, 2010)

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ELECTIVE COURSE 305E

Intellectual Property Law

OBJECTIVES OF THE COURSE :

The importance of this Branch of their law is to be sufficiently realized in the Indian
Legal Education. Compendious courses on the law of copyright, trademarks and patents
are offered in few law schools as optional courses, but these do not either integrate the
significance of these subject matters under any comprehensive aspect of
"modernization" or "development " nor do they spread even emphasis between and
among the subject areas represented by these three interconnected bodies of the law.
The three areas are now internationally conceptualized as representing intellectual
property. It is often the case that while the law of patents and trademarks is referred to
as industrial property, the law relating to copyright is named intellectual property. While
both these terms could be suitably invoked, we here speak of intellectual property as
signifying all the three bodies of the law as well as the law on industrial designs.
Unlike other forms of property, intellectual property refers to regimes of legal
recognition of primarily the products of the mind or imagination. The subject matter of
property related rights is here pre eminently based on mental labour the law relating to
intellectual property protects the right to mental labour.
The law confers right of proprietary nature on relative intellectual labour primarily on
the basis that it is in the interest of society and state to promote creativeness and
inventiveness. Limited monopoly provides incentive for greater inventive and innovative
efforts in society. An important aspect of the exploration in this course would be the
ways in which the laws strike a fair balance between the interests and rights of the
intellectual labourers on the one hand and organized industrial enterprises on the other
Another dimension in a study of the ways in which this regime of laws militates against
or favours, community property in national cultures.
As concerns "modernization' crucial questions arise in the field of copyright protection in
computer software and hardware, interest electronic music and scientific research. Both
copyright , trademarks, design and patent law here relate basically to the law of unfair
competition and constitute an aspect of consumer protection and welfare not only in the
context of national perspectives but also in view of the waves of globalization already
set in. Both from the standpoint of human resources development, modernization and
justice it is important that the curricular change takes serious notice of these areas.

SYLLABUS :

1) Introductory :
1.1) The meaning of intellectual property

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1.2) Competing rationales of the legal regimes for the protection of intellectual
property
1.3) The main forms of intellectual property : copyright trademarks, patents, designs
1.4) Other new forms such as plant varieties and geographical Indians Introductions
to the leading international instruments concerning intellectual property rights :
The Berne Convention, Universal Copyright Convention, Union TRIPS the World
Intellectual Property Rights Organization (WIPO) and the UNESCO.
1.5) The status and position of IPRs in India in context with the International Regime
1.6) Amendments in various legislations relating to IPRs India including legislations of
Patent, Copyright and Trademark in India and effects thereof

2) Select Aspects of the Copyright Law in India :

2.1) Historical evolution of the law
2.2) Meaning of copyright,
2.3) Availability of Copyright protection:
2.3.1) Copyright in literary and Artistic work, dramatic and musical Works
2.3.2) Copyright in Sound records and cinematograph films
2.3.3) Copyright in computer programme, Internet and database
2.4) Author and Ownership of copyright, Term of copyright, authorities under the
Copyright Act and their powers, Registration of copyright, Copyright Society and
its powers, Appeal provisions
2.5) Rights conferred by copyright, Assignment, Transmission and relinquishment of
copyright, Provisions relating to licence
2.6) Infringement of Copyright : Criteria, various types of infringement
2.7) Acts not constituting infringement, Fair use provisions, Piracy in internet
2.8) International copyright
2.9) Remedies and Penalty provisions

3) Intellectual Property Rights in Trademarks and Design :

3.1) The rationale of protection of trademarks as (a) an aspect of commercial and (b)
of consumer rights, Definition and concept of trademarks in goods & services
3.2) Registration, Distinction between trademark and property mark The doctrine of
honest current user, Doctrine of deceptive similarity Protection of well-known
marks
3.3) Passing off and infringement of trademarks : (Definitions, Concept and
Distinction)
3.4) Standards of proof in passing off action
3.5) Remedies and Penalty provisions

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3.6) Industrial Designs, Designs Act, 2000 : Authorities, Procedure for registration of
designs, Controller and Registrar : powers and duties, Assignment and
transmission of designs, Powers of the Central Government, Copyright on
registration of Industrial Designs : related provisions, Patents to designs, Piracy
of registered designs, Remedial aspects, Appeal provisions,

4) The Law of Intellectual Property: Patents :

4.1) Concept of patent, Essentials, Historical view of the patents law in India
4.2) Patentable inventions with special reference to biotechnology products entailing
creation of new forms of life including Amendments of the year 2005
4.3) Patent protection for computer programme and computer software
4.4) Process of obtaining a patent :
4.4.1) Application and Examination : Procedure, Essentials for obtaining
patent : Elements of Novclty, Non-obviousness
4.4.2) Opposition and sealing of patent : general introduction, Grounds for
opposition
4.4.3) The problem of limited locus standi to oppose, especially in relation
inventions having potential of ecological and mass disasters
4.5) Patent Co-operation treaty : Object, reasons and important provisions
4.6) Wrong fully obtaining the invention : Prior Publication or anticipation,
Obviousness and the lack of inventive step, Insufficient description
4.7) Rights and obligations of a Patentee:
4.7.1) Patents as chose in action
4.7.2) Duration of patents law and policy considerations, Use and exercise
rights, Right to secrecy
4.7.3) The notion of "abuse" of patent rights, Compulsory licenses, Special
Categories, Employee Invention Law and Policy Consideration
4.8) International Patents, Transfer of Technology, Know-How and problems of self
reliant development.
4.9) Infringement, Criteria of infringement, Onus of Proof in India, Modes of
infringement, Doctrine of Colorable Variation
4.10) Remedies in case of Infringement : Injunctions and related remedies, Defense
in suits of infringement
4.11) Penal Provisions

GO TO CONTENTS.

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Suggested Readings :
Cornish W.R., Intectual Property, Patents, Trade Marks, Copy Rights and Allied Rights,
Asia Law House, Hyderabad.
Vikas Vashishth, Law and Practice of Intellectual Property, Bharat Law House, Delhi.
P. Narayanan, Intellectual Property Law, Eastern Law House, Calcutta.
Dr. B. L. Wadehra, Law relating to Intellectual Property, Universal Law Publishing Co.
Chakravarty's Intellectual Property Law, Ashoka Law House, New Delhi
Bibeck Debroy (ed), Intellectual Property Rights Rajiv Gandhi Foundation, Delhi.
E.I.F. Anderfelt, International Patent Legislation and Developing Countries
W.R. Cornish. Intellectual Property, Sweet and Maxwell.
Mata Din, Law of Passing off and Infringement Action of Trade Marks
P.S. Sengal and Kishore Singh, Indian Patent System and Paris Convention : Legal
Perspectives
K. Thairani, Copyright The Indian Experience
W.R. Cornish, Para and Materials on Intellectual Property, Sweet & Maxwell.
N. K. Acharya, Textbook on Intellectual Property Rights, Asia Law House
Dr. S. R. Myneni, Law of Intellectual Property, Asia Law House
Justice P. S. Narayanas Intellectual Property in India, Gogia Law Agency
Manish Arora, Guide to Trademarks Law, Universal Law Book Co.
Iyengar's The Trademarks Act, Universal Law Book Co.
Pr. Ashwani Kr. Bansal, The Designs Law, Universal Book Co.
Dr. B. L. Wadehra, Law Relating to Patent, Trademarks, Copyright, Designs &
Geographical Indication, Universal Law Publishing Co.
Patent Co-operation Treaty

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FOUNDATION 306F
Principles of Negotiable instruments

OBJECTIVES OF THE COURSE :

In a fast growing society, no business transaction is possible in absence of any
Negotiable Instrument. It has now become very essential, not only for the law students
but even for a common man to know the provisions relating to transaction of the
Negotiable Instruments like Promissory Notes, Bills of Exchange and Cheques. It is very
important to know all the rights conferred to the payee and remedies available to him to
recover the debts from the debtor under the Act. Being innocent and bonafide payee of
any instrument, one can claim all the rights available over any Negotiable Instrument
and claim the amount mentioned therein. The provisions relating to Electronic Cheque is
also required to be studied along with the basic concept and types of the Negotiable
Instruments under the Act.
There is a drastic change in the provisions relating to dishonour of cheque and its
remedies available to the creditor under the Negotiable Instruments Act, 1881. In the
year 2002, there are significant amendments made in Chapter XVII of the Negotiable
Instruments Act, 1881 in order to effectively protect the right of the Payee of a cheque.
The Burden of Proof is upon the drawer of the cheque in the criminal prosecution. Mens
rea is not considered at all. The entire chapter is to be studied taking into consideration
various important decisions of the Supreme Court on the different issues arising out of
civil and criminal litigations relating to dishonour of cheque.

SYLLABUS :

1) Introduction :
1.1) The Negotiable Instruments Act, 1881 : Object and Reasons
1.2) Types of Negotiable Instruments
1.3) Negotiable Instruments covered under the Act: Promissory Notes, Bills of
Exchange and Cheques including Electronic Cheque, Validity period of cheque (3
months by RBI amendment)
1.4) Definition and Characteristics of the Negotiable Instruments
1.5) Presumptions relating to Negotiable Instruments
1.6) Drawer, Drawee and Payee : Definition, Rights and duties
1.7) Honder and Holder in due course : advantages, rights and powers
1.8) Distinction between Holder and Holder in due course

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2) Various terms and phenomenon under the Act :

2.1) Ambiguous Instrument, Inchoate Stamped Instrument
2.2) Drawee in case of need
2.3) Acceptance for honour, Payment for honour
2.4) Notice of Dishonour, liabilities of Drawee and Drawer
2.5) Maturity of Negotiable Instrument and Days of Grace
2.6) Endorsement : Types and advantages
2.7) Crossing of Cheque : kinds of crossing, advantages of crossing
2.8) Negotiation of Instrument, Negotiation Back
2.9) Noting and Protest

3) Special provisions relating to Dishonour of Cheque and its remedies : (Section 138 to
147 of the Negotiable Instruments Act, 1881)
3.1) Remedy to initiate criminal proceedings in case of dishonour of Cheque
3.2) Absolute Liability of Drawer of Cheque in case of its dishonour, absence of Mens
rea no defence at all (Sec. 139), Object and reasons of inserting chapter XVII
under the Act
3.3) Modes of Dishonour of Cheque: Stop Payment, Funds not arranged for, Account
Closed, Referred to the Drawer, Insufficient Funds, Post Dated Cheque etc. - its
consequences
3.4) Essentials for criminal proceedings in case of dishonour of cheque:
3.4.1) Cheque must be written pursuant to Legal Debt
3.4.2) Notice of dishonour within prescribed time
3.4.3) Cheque : can be deposited in bank more than once within its validity
period before initiating criminal proceedings
3.4.4) Filing of criminal complaint : formalities, Forum of Criminal court, time
limit, jurisdiction of criminal courts
3.5) Penal Provisions under the Act in case of dishonour of cheque
3.6) Dishonour of cheque by a company or a firm : consequences, joint and several
liabilities, Discharge from liability in case of Ex-officio Directors of Government
Companies
3.7) Offence committed against a company or firm, persons competent to file criminal
complaints, prior formalities
3.8) Delay in filing of criminal complaint u/s 138 of the Act: consequences
3.9) Compounding of offences under the Act: Powers of the Magistrate
3.10) Defences available to the Drawer of the Cheque
3.11) Important decisions of the Supreme Court

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GO TO CONTENTS.

Suggested Readings :
Avtar Singh, Negotiable Instruments Act, 1881 : Eastern Book Company
Bhashyam & Adiga, Negotiable Instruments Act, 1881, Bharat Law House, Delhi
Tannan's Banking Law & Practice in India, India Law House
Avtar Singh, Law of Banking & Negotiable Instruments, Central Law Publication
P. L. Malik, Negotiable Instruments Act, Eastern Book Company
Saharay, Negotiable Instruments Act with Special Emphasis on Dishonour of Cheques,
Central Book Agency, Kolkotta
R. K. Suri, Dishonour of Cheques (Prosecution & Penalties), ALT Publications, Hyderabad
K. S. Gopala, Dishonour of Cheques (Law, Practice & Procedure), ALT Publications
P. S. Narayan, Law of Negotiable Instruments and Dishonour of Cheques, Asia Law
House
Khcrgauwala, Negotiable Instruments Act, Butterworths S. N. Gupta, Dishonour of
Cheques-Liability - Civil and Criminal, Universal Law Book Co.
R. K. Bangia, Negotiable Instruments Act, Allahabad Law Agency
S. M. Chaturvedi, Negotiable Instruments Act, Central Law Agency
R. Swaroop, A Case Book on Dishonour of Cheques, Jain Book Depot.

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SOFT SKILL 307K

Rehabilitation of Criminals & Juveniles in Society & Law

OBJECTIVES OF THE COURSE :

It is impossible to imagine any civilized society without crime and criminals. At the
same time we should not forget that the factor of punishment is necessary to maintain
law and order in the society. For every law student it becomes necessary to study the
causes of crime and socio-economic factors behind crime and different theories for
causation of crime as well as theories of punishment, kinds of punishment and
significance thereof. In the modern era, the object of rehabilitation of the criminals in
the main stream is given prime importance and accordingly the legislations are enacted
taking into consideration the rehabilitation criteria for the first offenders as well as
juveniles. This has become the dire need of the society. It is expected from the law
students to thoroughly digest the Constitutional as well as legislative aspects relating to
criminal and juveniles and the process of their reformation.

SYLLABUS :

1) Introduction :
1.1) Crime Causation :
1.1.1) "Man is not born as a criminal, but circumstances compels him to do
crime.'
1.1.2) Broken Home Theory, Neglected Juveniles involvement in crime
1.1.3) Various theories of causation of Crimes : Lombroso, Enrico Ferri, Taft etc.
1.1.4) Differential Association Theory of Crime (Sutherland's Theory)
1.2) Punishment:
1.2.1) Meaning, need and object
1.2.2) Different Theories of Punishment in civil Society
Retributive Theory
Deterrent Theory
Preventive Theory Expiation Theory
Reformative Theory
1.2.3) World wide acceptance of Reformative Theory of Punishment in civilized
and cultural Societies
Kill the crime, not the criminal.

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1.3) Kinds of Punishment:

1.3.1) Various kinds of punishment
1.3.2) Punishments accepted under the Indian Penal Code

2) Constitutional and Legislative Majors towards rehabilitation of Criminals on their good

behavior :
2.1) Constitutional Provisions :
2.1.1) Powers of the President of India to tender the pardon the criminal
2.1.2) Powers of the Governor of State to tender the pardon to the criminal
2.1.3) Powers of the Supreme Court under Article 142 (Complete Justice)
2.2) Criminal Procedure Code:
2.2.1) Chapter VIII : Security for Good Behaviour (Sec. 108-109)
2.2.2) Tender of pardon to accomplice (Sec. 306308)
2.2.3) Order to release on Probation of good conduct or after admonition
(Sec.360-361)
2.3) Indian Penal Code
2.3.1) Commutation of Death Sentence and Life Imprisonment (Sec. 54-55)
2.4) Parole and Furlough to the prisoners : concept, facilities and rules
2.5) Probation of Offenders' Act, 1958
2.5.1) Powers of the court
To release certain offenders after admonition
To release certain offenders on probation of good conduct
To require released offenders to pay compensation and COStS
2.5.2) Restriction on imprisonment of offenders under 21 years of age
2.5.3) Powers and duties of the probation officer

3) Legislative Protection and care for Juveniles:

3.1) Juvenile Justice (Care and Protection of Children) Act, 2000 (or any other
legislation substituted for the time being in force)
3.1.1) Object, reasons and salient features of the Act
3.1.2) Definitions: child in need of care and protection, Juvenile, Juvenile in
conflict with law
3.1.3) Machineries for taking care and rehabilitation of Juveniles: Remand
Homes, Observation Homes, Shelter Homes, Special Homes : Roles and
functions
3.1.4) Juvenile Justice Board, Child Welfare Committee: Constitution, Functions
and Powers

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3.1.5) Provisions relating to escaped juveniles

3.1.6) Provisions relating to protection, employment and rehabilitation of
Juveniles (Sec. 23-26)
3.1.7) Rehabilitation and social integration of Juveniles (Chapter IV - Sec. 40-
45)
3.1.8) Presumption and determination of age of Juvenile
3.2) Approach of the society towards rehabilitation of Criminals and Juveniles:
3.2.1) Role of parents, society, Government and NGOs

GO TO CONTENTS.

Suggested Readings :
Sutherland, H.W. and Cressey, D.R.: Principles of Criminology, 6th Edition, The Times of
India Press, Bombay
N.V.Paranjape, Criminology and Penology, Eastern Book Co.
Ahmed Siddiki, Criminology & Penology, Eastern Book Co.
S.S. Srivastava, Criminology& Criminal Administration, Central Law Agency, Allahabad
J.P.S. Sirohi, Criminology and Penology, Allahabad Law Agency
S. N. Mishra, Code of Criminal Procedure, 1973 with Probation of Offenders Act and
Juvenile Justice (Care & Protection of Children) Act, 2000, Central Law Publication -
S. K. Bava, Law relating to Juvenile Justice, Probation of Offender, Allahabad Law
Agency
K.S.Shukla, "Sociology of Deviant Behaviour" in 3 ICSSR Surver of Sociology and Social
Anthropology 1969-179(National Report)
S. K. Bhattacharyya, Juvenile Justice : an Indian Scenario, Regency Publications, New
Delhi
K.G.Balakrishnan J., Vijay Hansaria, P.I. Jose, Juvenile justice system : along with
Juvenile Justice (Care and Protection of Children) Act, 2000 and rules, 2007 : working
manual for stake holders, Universal Law Publication Co.
Universal's Juvenile Justice (Care and Protection of Children) Act, 2000
D. K. Ganguli, Commentaries on Juvenile Justice (Care and Protection of Children) Act,
2000, Dwevedi Law Agency
Asutosh Mookarjee, Commentaries on Juvenile Justice (Care and Protection of Children)
Act, 2000, Kamal Law House,
Ke Pt Simha, Chitrangada Singh, A Handbook on Juvenile Justice: With Commentary on

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the Juvenile Justice (Care and Protection of Children) Act, 2000 & the Juvenile Justice
(Care and Protection of Children) Rules, 2007, Bright Law House
Prem Prakash Batra, The Probation of Offenders Act, 1958, Khurana Publication
N. K. Chakrabarti, Probation system, in the administration of criminal justice, Regal
Publication (former Deep & Deep Publication), New Delhi
S. C. Raina, Probation : Philosophy, Law & Practice, Regency Publications, New Delhi

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