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26-Jun-2017. This is the text version 2.0 of LL.B. Sem-1 Gujarat University syllabus as
published by the university. Compiled by [email protected]
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
R RS LL.. PROGRAMME
Semester I

1) 101 --- Law of Tort including MV Accident And Consumer Protection Laws.
2) 102 --- Criminal Law Paper - I (General Principies of Penal Law).
3) 103 --- Criminal Law Paper II (Specific Offences).
4) 104 --- Law of Contract.
5) 105 --- Special Contract.
6) 106F --- Constitutional History of India.
7) 107K --- Use of Law Journals and Legal Software.

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CORE COURSE 101

LAW OF TORT INCLUDING MV ACCIDENT AND CONSUMER PROTECTION LAWS

Objectives of the Course :

With rapid industrialization, tort action came to used against manufacturers and
industrial unit for products injurious to human beings. Presently the emphasis is on
extending the principles not only to acts, which are harmful, but also to failure to comply
with standards that are continuously changing due to advancement in science and
technology. Product liability is now assuming a new dimension in developed economics.
In modern era of consumer concern of goods and services, the law of torts has an added
significance with this forage into the emerging law of consumer protection. It operates in
disputes relating to the quality of goods supplied and services rendered and in those
areas relating to damage suffered by consumers. The law relating to consumer
protection, lying scattered in myriad provisions of various legislation and judicial
decisions in India, so connected with the human right for a healthy life and environment,
has now a core subject to be taught as an indispensable part of a socially relevant
curriculum. The provisions of the Motor Vehicles Act relating to payment of
compensation in case of hit and run accidents and compulsory third party insurance are
also included in this paper.

SYLLABUS :

1) General Principles of Tort

1.1) Tort : Definition, Distinction from Crime, Breach of Contract etc., Nature, Scope
and object of Tort, who may sue? Who may not be sued ?
1.2) Damnum sine Injuria, Injuria Sine Demnumn.
1.3) Volenti non fit Injuria, ubi jus ibi remedium
1.4) Vicarious Liability : Basis, scope, Justification, Different types
1.5) Extinguishment of Liability in Tort
1.6) Justification in Tort, defences to the defendants
2) Torts against person, property, Freedom & Reputation
2.1) Trespass to person : Assault, Battery, Mayhem, False Imprisonment
2.2) Torts affecting Property (Movable & Immovable) : Trespass, Traspass ab initio etc.
2.3) Torts related to Reputation (Defamation) & personal relations
2.4) Torts affecting person & Property : Nuisance, Negligence, Fraud
2.5) Third party liability of owner under the Motor Vehicles Act
3) Principles of Liability in Torts and Legal Remedies

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3.1) Principle of Strict Liability: Ryland V. Fletcher case with exceptions

3.2) Principle of Absolute Liability ; Bhopal Gas Disaster case and Shree Ram Food Gas
Leakage case
3.3) Remoteness of damage foresee ability and directness Injunction Specific
restitution of property
3.4) Extra-legal remedies self-help, re-entry on land, re-caption of goods, distress
damage feasant
4) Concept of Consumer & Consumer Protection Act
4.1) Consumer : Definition,
4.2) Services : Types of services, Deficiency- meaning,
4.3) Commercial & Professional Services, Medical Services
4.4) Denial of Services
4.5) Consumer Protection Councils
4.6) Consumer Disputes Redressal Agencies : District Forum, State Commission &
National Commission, Judicial Review

Go To Contents.

Suggested Reading :
Salmond and Heuston On the Law of Torts, Universal, Delhi
D.D. Basu. The Law of Torts, Kamal, Calcutta. D. M.
Gandhi Law of Tort Eastern, Lucknow
P.S. Achuthan Pillai, The Law of Torts, Eastern, Lacknow
Ratanlal & Dhirajlal. The Law of Torts, Universla, Dehi.
Winfield and Jolowiz on Torts, Sweet and Maxwell, London.
Saraf, D. N. Law of Consumer Protection in India, Tripathi, Bomaby. Avtar Singh. The
Law of Consumer Protection, Principles and Practice, Eastern Book Co. Lucknow.
J. N. Barowalia, Commentary on Consumer Protection Act, 1986, Universal Delhi.
P. K. Majundar, The Law of Consumer Protection in India, Orient Publishing Co. New
Delhi.
R.M. Vats, Consumer and the Law, Universal, Delhi. Winfield and
Jolowiz on Tort, Sweet and Maxwell London.
Saraf, D. n. Law of Consumer Protection In India, Tripathi, Bombay. Avtar Singh, The
Law of Consumer Protection Principles and Practice, Eastern Book Co. Lucknow
J. N. Barowalia, Commentary on Consumer Protection Act, 1986, Universal Delhi.
P. K. Majundar. The law of Consumer Protection. In India, Orient Publishing Co . New

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Delhi.
R. M. Vats, Consumer and the Law, Universal, Delhi.
Motor Vehicles Act, 1988: Eastern Book Company
A. P. Mathurs Law Relating to Motor Vehicles : Eastern Book Company (Revised by
Justice G. C. Mathur(Retd.))

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Core Course 102

CRIMINAL LAW PAPER I
(GENERAL PRINCIPLES OF CRIMINAL LAW)

Objective of the course :

The Indian Society has changed very rapidly since independence. A proper
understanding of crimes, methods of controlling them and the socio-economic and
political reasons for their existence is now extremely important in the larger context of
Indias development . If students are to use their knowledge and skills to build a just
and humane society. The curriculum outlined here attempts to bring in these new
perspectives.

SYLLABUS :
1) General:
1.1) Conception of Crime, Stages of Crime, (including Section 511)Mens Rea
1.2) Applicability of the Indian Penal Code : Intra-Territorial Jurisdiction and Extra-
Territorial Jurisdiction -
1.3) General Explanations : Public Servant, Wrongful Gain, Wrongful Loss, Valuable
Security, Harbour
1.4) Group Liability
1.4.1) Common Intention
1.4.2) Criminal Conspiracy
1.5) Abetment
2) Punishments
2.1) Theories of punishment
2.2) Kinds of Punishment :
2.2.1) Death Sentence : Constitutionality & Judicial Approach
2.2.2) Life Imprisonment
2.2.3) Imprisonment : Simple and Rigorous, Solitary Confinement
2.2.4) Forfeiture of Property
2.2.5) Fine : Rules imposing fine
2.3) Discretion in awarding punishment
3) General Defenses :
3.1) Mental Incapacity, Minority, involuntary intoxication and Insanity as a defence
3.2) Right of Private Defence : Justification and limits

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3.3) When private defence extends to causing of death to protect body and property ?
3.4) Necessity
3.5) Mistake of facts
4) Offences Relating to Public Tranquality:
4.1) Unlawful Assembly
4.2) Rioting
4.3) Affray
4.4) Common Object
4.5) Distinction between Common Object & Common Intention
5) Offences against State, giving of false evidence, etc.:
5.1) Offences against State :
5.1.1) Wagging war against the Government of India etc.
5.1.2) Sedition
5.2) Giving/fabricating false evidences : Offences & Punishment
5.3) Offences relating to election
5.4) Offences by or against Public Servants

Go To Contents.

Suggested Reading :
Kennys Outlines of Criminal Law Universal Law Publishing Co.
Russell on Crime Universal Law Publishing Co. (2 Volumes)
K. D. Gaur, Criminal Law Cases and Materials, Butterworths, India
Ratanlal & Dhirajlal's Indian Penal Code Butterworths Wadhwa, Nagpur K. D. Gaur, A
text Book on the Indian Penal Code, Universal Delhi.
P. S. Achuthan Pillai, Criminal Law Eastern Book Co.,
B. M. Gandhi, Indian Penal Code, Eastern Book Co,

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Core Course 103

CRIMINAL LAW PAPER II
(SPECIFIC OFFENCES)

SYLLABUS :
1) Offences against Human Body I
1.1) Culpable Homicide
1.2) Murder :
1.2.1) Ingredients and exceptions
1.2.2) Distinction between Culpable Homicide and Murder
1.3) When Culpable Homicide is Murder ?
1.4) Suicide : Attempt punishable as offence & its Constitutionality
2) Offences against Human Body II
2.1) Hurt, Grievous Hurt
2.2) Criminal Force, Wrongful Restraint, Wrongful Confinement
2.3) Kidnapping : Types, Abduction
2.4) Causing death by rash or negligent Act
2.5) Death caused by consent of the deceased euthanasia and surgical operation:
Constitutionality
3) Offences against Property, Defamation & Miscellaneous offences:
3.1) Theft & Extortion, Robbery and Dacoity, Distinction between them, receiving and
disposing of Stolen Prooperty & other related offences
3.2) Criminal Misappropriation, Criminal Breach of Trust, Mischief
3.3) Cheating : Types, Forgery and Making false documents
3.4) Defamation : Exceptions
3.5) Criminal Intimidation
4) Offences against Women
4.1) Rape : Custodial Rape, Relevancy of Consent,
4.2) Intercourse by man with his wife : When Rape, Un-natural offence
4.3) Dowry Death, Cruelty by Husband or Relatives of Husband
4.4) Offences relating to marriage
4.5) Outraging modesty and annoyance of woman

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Go To Contents.

Suggested Reading :
Kenny's Outlines of Criminal Law Universal Law Publishing Co.
Russell on Crime Universal Law Publishing Co. (2 Volumes)
K. D. Gaur, Criminal Law Cases and Materials, Butterworths, India
Ratanlal & Dhirajlals Indian Penal Code Butterworths Wadhwa, Nagpur
K. D. Gaur, A text Book on the Indian Penal Code, Universal Delhi.
P. S. Achuthan Pillai, Criminal Law Eastern Book Co.,
B. M. Gandhi, Indian Penal Code, Eastern Book Co,

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CORE COURSE 104

LAW OF CONTRACT

Objectives of the course :

Every man in his day to day life from dawn to dusk makes a variety of contracts, Mans
contract making activities increase with the increasing trade, commerce and industry. In
a way living in a modern society would be impossible if the law did not recognize this
contract making power of person. This prompted Roscoe Pound to make his celebrated
observation: Wealth, in a commercial age, is made up largely of promises. In this sense
India is also a Promissory Society.
The conferment and protection by the law of this contract making power of person gives
them a considerable leeway to strike best bargain for the contract making person. In a
way they are permitted to regulate and define their relations in a best possible manner
they chose. However, the contours of contractual relations in a feudal, colonial and
capitalist society of pre-independence India cannot necessarily be the same in an
independent and developing Indian society. Whatever may be the nature of a given
society, the contractual relations as are obtained in that society, are governed by certain
principles which are more or less of a general and basic nature. In India these general
principles are enacted in the form of the Indian Contract Act, 1972.
This course is designed to acquaint a student with the conceptual and operational
parameters of these various general principles of contractual relations.
Specific enforcement of contract is an important aspect of the law of contracts. Analysis
of the kinds of contracts that can be specifically enforced and the methods of
enforcement forms a significant segment of this study.

SYLLABUS :
1) General Principles of Law of contract:
1.1) Agreement and contract definitions, elements and kinds Proposal, Communication
and revocation proposal and invitation for proposal floating offers
1.2) Acceptance their various forms, essential elements
1.3) Consideration its need, meaning, kinds, essential elements
1.4) Capacity to Contract
2) Capacity to contract & Free Consent:
2.1) Minor, Age of Majority, Nature of minors agreement & effects thereof. Accessories
supplied to a minor, Agreement beneficial and detrimental to a minor
2.2) Free consent -its need and definition, Effects of force, coercion & undue influence
on contract
2.3) Mistake : definition - kinds- fundamental error mistake of law and of fact their

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effects
2.4) Legality of objects :
2.4.1) Unlawful Agreements: Kinds and effects thereof
2.4.2) Void Agreements, Uncertain Agreements, wagering Agreements, Illegal &
Void Agreements
3) Discharge of Contract & Quasi-Contracts :
3.1) Various modes of discharge of contract and effects thereof
3.2) Anticipatory Breach of Contract
3.3) Impossibility of performance specific grounds of frustration application to
leases- theories of frustration effect of frustration frustration and restitution,
by period of limitation
3.4) Rescission and alteration their effect- remission and waiver of performance
extension of time accord and satisfaction
3.5) Quasi-contracts or certain relations resembling those created by contracts,
Quantum Meruit
4) Specific Relief Act
4.1) Persons against whom specific enforcement can be ordered
4.2) Rescission and cancellation
4.3) Injunction : Temporary and Perpetual
4.4) Declaratory orders
4.5) Discretion and power of court

Go To Contents.

Suggested Reading :
Beasten (Ed), Ansons Law of Contract
P. S. Atiya, Introduction to the Law of Contract (Claredon Law Series)
Avtar Singh, Law of Contract, Eastern Lucknow
G. C. Cheshire, and H. S. Fifoot and M. P. Formston Law Contract ELBS with
Butterworths.
M. Krishnan Nair, Law of Contract,
G.H. Trinel, Law of Contract Sweet & Maxwell
R.K. Abichandani (ed), Pollock and Mulla on the Indian contract and the Specific Relief
Act, Butterworths Publication
Benerjee S.C. Law of Specific Relief, Universal

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Anson, Law of Contract, Universal

Dutt on Contract, Universal
Anand and Aiyer, Law of Specific Relief, Universal.

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CORE COURSE 105

SPECIAL CONTRACT

Objectives of course :
This course is to be taught after the students have been made familiar with the general
principles of contract in which the emphases is on understanding and appreciating the
basic essentials of valid contract and on the existence of contractual relationship in
various instances. Obviously a course on special contracts should initiate the students to
different kinds of contracts with emphasis on the intricacies therein. This course also
should provide an insight into the justification for special statutory provisions for certain
kinds of contracts.

SYLLABUS :
1) Indemnity and Guarantee
1.1) Indemnity : concept, Need for indemnity, definition
1.2) Methods of creating indemnity obligations ..
1.3) Commencement, Nature and extent of liability of the indemnifier
1.4) Situations of various type of indemnity creations, Documents/ agreements of
indemnity, Nature of indemnity clauses
1.5) Guarantee : Concept, essentials for a valid guarantee contract
1.6) Rights & Liabilities of Surety
2) Bailment, Pledge and Agency :
2.1) Bailment : Essential Features, Rights & duties of Bailor & Bailee
2.2) Pledge : Definition Righes and duties of Pawnee, who can pledge?
2.3) Agency :
2.3.1) Definition, Essentials, kinds of agents, creation of Agency
2.3.2) Relations of Principal and Agent : Rights and duties of Agent
2.3.3) Relations of Principal with Third Parties
2.3.4) Methods of termination of Agency Contract
2.3.5) Liabilities of Principal and Agent before and after termination of Agency
Contract
3) Sale of Goods Act :
3.1) Contract of sale : Concept, Essentials, Implied Terms
3.2) Rule of Caveat Emptor
3.3) Conditions and Warrantees

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3.4) Transfer of title and passing of risk

3.5) various rules regarding delivery of goods
3.6) Unpaid Seller and his rights
4) Partnership Act:
4.1) Partnership : Nature, scope Definition, Kinds of Partnership
4.2) Rights and dutics of Partners, Liabilities of Partners
4.3) Registration of Firm, Effect of non-Registration
4.4) Dissolution offirm and its effects
4.5) Liability of Partners under the Limited Liability Partnership Act

Go To Contents.

Suggested Reading :
Beasten (Ed), Ansons Law of Contract
P. S. Atiya, Introduction to the Law of Contract (Claredon Law Series)
Avtar Singh, Law of Contract, Eastern Lucknow
G. C. Cheshire, and H. S. Fifoot and M. P. Formston Law Contract ELBS with
Butterworths. -
M. Krishnan Nair, Law of Contract,
G.H. Trinel, Law of Contract Sweet & Maxwell
R.K. Abichandani (ed), Pollock and Mulla on the Indian contract and the Specific Relief
Act, Butterworths Publication
Benerjee S.C. Law of Specific Relief, Universal
Anson, Law of Contract, Universal
Dutt on Contract, Universal
Anand and Aiyer, Law of Specific Relief, Universal.
Pollok and Mulla, Partnership Act, Butterworths Publication
Mulla on Sale of Goods Act

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FOUNDATION 106 F
CONSTITUTIONAL HISTORY OF INDIA

SYLLABUS :
1) Constitutional History of India
1.1) Fourth Law Commissions Recommendations regarding Independence
1.2) Simon Commission Report
1.3) Motilal Nehru Report on Simon Commission
1.4) Muslim League Demand and Poona Pact, 1932 (Communal Award)
1.5) Government of India Act, 1935:
1.5.1) Federal Government
1.5.2) Federal Court
1.5.3) Provincial Autonomy
1.5.4) Provincial Government
1.5.5) All India Federation
1.5.6) Dyarchy at the Center
1.5.7) Federal Legislature - Provincial Legislature
1.5.8) Distribution of Power between center and provinces
1.5.9) Special Provisions for Minority
1.5.10) Abolition of Indian Council
2) Important Constitutional Developments before framing of Constitution of India : -
2.1) Round Table Conferences -
2.2) The Cripps Mission, 1942
2.3) Cabinet Mission
2.4) C. Rajagopalacharis Formula, 1944
2.5) Wavell Plan and Simla Conference, 1945
2.6) Attlees Statement (1947)
2.7) Mountbatten Plan, 1947
3) Committees to draft the Constitution of India
3.1) Framing of the Constitution of India
3.2) Constituent Assembly, Chairman, members and their contribution
3.3) Drafting Committee, Chairman, members and their contribution,

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3.4) Final Draft and adoption of the Constitution of India

3.5) Indian Independence Act, 1947: Main Features

Go To Contents.

Suggested Reading :
D. D. Basu : Introduction to the Constitution of India
G. N. Singh : Landmark in Indian Constitutional & National Development V. D.
Kulshreshthas Landmarks in Indian Legal & Constitutional History, Eastern Book Co. J.
N. Pandey: Constitutional Law of India
Keith : Constitutional History in India
M. P. Jain : Indian Constitutional Law
M. V. Pylee : Constitutional History of India
Shiva Rao ; Framing of the Constitution of India (Vols. 1-4)
V. N. Shukla : Constitution of India

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SOFT SKILL 107 K

Use of Law Journals and Legal Software

Objectives of the Course :

The purpose behind introduction of this course is to provide the law students basic
information about various Indian and Foreign Law Journals and make them acquaint
with the use thereof. An art to find out the judgments supporting a legal issue will be
taught to the student. After having acquired basic knowledge, by continuous practice,
students are expected to know how to read and interpret the judgments of court. In the
era of ICT, knowledge of Legal Software and use thereof has become inevitable. In this
course, with the theoretical background, the students will become familiar about the use
of legal software and its application at the library or at the office of a law firm.

Note : While teaching the subject, the college may select any one of the various well
known legal software for providing the information to the students.

SYLLABUS :
1) Requirements of Legal Journalism & Basic about Law Journals
1.1) Code of Ethics of Legal Journalism (Adopted at the Stockholm Symposiums, 1991)
1.2) Legal Reasoning : meaning, nature application and Importance
1.3) Importance of Law Journals in the legal profession :
1.3.1) Importance of Legal Articles
1.3.2) Importance of criticism and analysis of judgments
1.4) Information about new Bills and Legislations from Law Journals
1.5) International and Foreign Law Journals : its importance in India
1.6) Kinds of International & Foreign Law Journals:
1.6.1) All England Reports
1.6.2) Halsbury's Laws of England
2) Use of Law Journals and importance thereof
2.1) Format of Law Journals
2.2) Types of Law Journals
2.3) Art of finding relevant judgments from Law Journals
2.4) How to read a Judgment : Significance of Minority and Majority views
3) Legal Software : General Information and use :
3.1) Various types of Legal Softwares :

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3.1.1) General Information about Legal Software

3.1.2) Characteristics and features of various Legal Software
3.1.3) Legal Software : Operating System, Utility Programme, upgradation &
Installation, Dongle Lock Facility in Legal Software
3.1.4) Various Options available for searching judgments from Legal Software
3.1.5) Options to find out relied and overruled judgments from legal software
3.2) Court Cases :
3.2.1) Commenting and Reporting of Judgments
3.2.2) Crime Reporting

Go To Contents.

Suggested Reading :
Nandan Kamath - Law Relating to Computers and Internet, Universal Law Publishing Co.
Allan M. Gahten :- Internet : Law and Legal Profession Kant D. Stuckey - Internet and
online law
Michoel D. Rostoker - Computer Jurisprudence and Legal Responses to the Information
Revolution
Rega Rao - Use of computer, Interned for Law students & Legal Profession (Asia Law
Book House, Hyderabad)
Baxi Upendra :- Legal Education in 1St Century

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