V Ba LLB
V Ba LLB
HANDBOOK FOR
FIFTH YEAR B.A. LL.B.
(FIVE YEAR LAW COURSE)
2018-2019
Our Mission
Rules
SYLLABUS
Fifth Year of the Five Year Law Course 1 ILS Law College, Pune
SEMESTER IX
PAPER NO. 29 : THE CODE OF CIVIL PROCEDURE AND LIMITATION ACT
– 100 MARKS
1 The Code of Civil Procedure, 1908 (as amended upto date) 80 marks
2 Limitation Act, 1963 20 marks
Books recommended :
Fifth Year of the Five Year Law Course 2 ILS Law College, Pune
SEMESTER IX
PAPER NO. 30 : LAND LAWS INCLUDING CEILING AND OTHER LOCAL
LAWS – 100 MARKS
Books Recommended :
Fifth Year of the Five Year Law Course 3 ILS Law College, Pune
SEMESTER IX
PAPER NO. 31 : INTERPRETATION OF STATUTES – 100 MARKS
1. Introduction :
Meaning and objects of Interpretation – The General Clauses Act, 1897
2. General Principles of Interpretation
Literal Rule, Golden Rule, Mischief Rule, Statute must be read as a whole in its
context, Statute to be construed to make it effective and workable, Omissions not
to be inferred, Every word in a statute to be given a meaning.
3. Internal Aids to Construction
Preamble, Definition, Sections, Heading, Marginal Notes, Punctuation,
Illustrations, Proviso, Explanation and Schedules
4. External Aid to Construction
Parliamentary history, Historical facts and surrounding circumstances, Social,
Political and Economic Developments, Reference to other statutes,
Contemporanea exposition and other external aids, Codifying statutes and
Consolidating statutes
5. Subsidiary Rules
Same word same meaning, Use of different words. Rule of last antecedent, Non
Obstante Clause, Legal fiction, Mandatory and directory provisions, Conjunctive
and disjunctive words ‘or’ and ‘and’, Construction of general words – Noscitur A
Socis, Rule of ejusdem generis, Words of rank, Reddendo Singula Singulis etc.
6. Interpretation of Statutes affecting Jurisdiction of Courts
General Principles, The extent of exclusion, Exclusion of Jurisdiction of superior
Courts
7. Interpretation of Penal and Taxing Statutes
Rule of Strict Construction of Taxing Statutes, General Principles of Strict
Construction, Limits of the Rule of Strict Construction, Means Rea in statutory
offences and Indian Penal Code, Vicarious Liability in statutory offences
8. Interpretation of Remedial Statutes
Distinction between Remedial and Penal Statutes, Liberal construction of
remedial statutes.
9. Operation of Statutes
Commencement, Retrospective Operation
Fifth Year of the Five Year Law Course 4 ILS Law College, Pune
10. Expiry and Repeal of Statutes
Perpetual and Temporary Statutes, Effect of Expiry of Temporary Statutes,
Express or implied Repeal, Consequences of Repeal
11. Interpretation of Constitutional Documents
Rules of Interpretation of Constitutional Documents as developed by the Courts
of India.
Fifth Year of the Five Year Law Course 5 ILS Law College, Pune
SEMESTER IX
PAPER NO. 32 : ADMINISTRATIVE LAW – 100 MARKS
4. Administrative Tribunals
a. Nature, Growth and Need
b. Judicial Control on Administrative Tribunals, Doctrine of ULTRA VIRES,
Lack of Jurisdiction
c. Principles of Natural Justice : Bias, Audi Alteram Partem or Rule of Fair
Hearing
5. Administrative Discretion
a. Judicial Review of Administrative Discretion
b. Judicial Control of Exercise of Administrative Discretion
6. Commission of Enquiry
a. Nature, Scope, Need and Functions
b. Procedure and Legal Status
8. Public Corporations
a. Growth, Needs, Rights and Liabilities
b. Parliamentary Control, Judicial Control, Government Control
Fifth Year of the Five Year Law Course 6 ILS Law College, Pune
9. Suits against the Govt. in Torts and Contract, Court Privileges in Legal Proceeding
10. The Ombudsman : The Necessity of Ombudsman. Judicial Control of Ombudsman
in India – The Lokpal and Lokayukta
11. The Right to Information Act, 2005
Text Books :
Fifth Year of the Five Year Law Course 7 ILS Law College, Pune
SEMESTER X
PAPER NO. 33 : THE CODE OF CRIMINAL PROCEDURE, JUVENILE
JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT,
THE PROBATION OF OFFENDERS ACT – 100 MARKS
1 The Code of Criminal Procedure, 1973 (as amended upto date) 80 marks
2 The Juvenile Justice Act (Care & Protection of Children) Act, 10 marks
2000
3 The Probation of Offenders Act, 1958 10 marks
All the above Acts with latest amendments are required to be studied.
Books recommended :
Fifth Year of the Five Year Law Course 8 ILS Law College, Pune
SEMESTER X
PAPER NO. 34 : COMPANY LAW – 100 MARKS
1. Introductory
Definition and characteristics of a company, Lifting of Corporate Veil,
Company and Partnership firm, Kinds of company
2. Formation of Company
Registration, documents to be filed with the registrar, promoter, pre-
incorporation contracts
3. Memorandum of Association
Meaning, purpose, form, contents, alteration, doctrine of ultra vires
4. Articles of Association
Meaning, purpose, form, contents, alterations, doctrine of indoor
management, relation between Memorandum and Articles
5. Prospectus
Definition, contents, registration, effects of misstatement, penalty, statement
in lieu of prospectus
6. Membership in a Company
Member and shareholders, qualifications, modes of becoming member,
cessation of membership, rights and liabilities, register of members, index of
members
7. Share Capital
Meaning, kinds, alterations, reductions, voting rights, buy back of shares
8. Shares
Definition, nature, types, issues, allotment of share, share transfer, surrender,
forfeiture, transmission of shares, share certificate, share warrant, dividends
9. Borrowing Powers
Debentures, kinds of debentures, creation of charges, fixed and floating
charges, effects of winding up on floating charge
10. Management and Administration
Directors : maximum number, appointments, restrictions on their
appointments, position of directors, disqualifications, their duties and
liabilities, board of directors – meaning and powers
11. Meetings
Kinds of meetings, notice of meetings, contents of notice, conduct of
meetings, quorum, minutes, proxies, voting and poll resolutions, kinds of
resolutions, appointment of auditor, powers, rights and liabilities to auditor.
Fifth Year of the Five Year Law Course 9 ILS Law College, Pune
12. Majority Rule and Minority Rights
Rule in Foss v/s Harbottle case
13. Prevention of Oppression and Mismanagement
Meaning, who can apply to National Company Law Tribunal, Powers of
National Company Law Tribunal and Central Government
14. Reconstruction and Amalgamation – Compromises and Arrangements
15. Winding Up
Meaning, types of winding up, petition of winding up, commencement of
winding up, liquidator : his rights, duties and liabilities, Contributors,
consequences of winding up, dissolution of company.
Books recommended :
Fifth Year of the Five Year Law Course 10 ILS Law College, Pune
SEMESTER X
PAPER NO. 35 : PRACTICAL TRAINING PAPER-I MOOT COURT, PRE-
TRIAL PREPARATIONS AND PARTICIPATION IN TRIAL
PROCEEDINGS – 100 MARKS
This paper will have three components of 30 marks each and a viva-voce for 10 marks.
1. Moot Court
Every student should participate in at least three Moot Courts in a year. The
Moot Court work will be on assigned problems
2. Observance of trial
It is expected that students should observe trial at least in two cases, one civil
and one criminal. A student will maintain a Journal for the year’s work and all
the written submission and assignments will be written in the journals
provided by the College. A student will maintain a record of all steps
observed in the trials (including the facts of the case, the arguments and
findings of the Court)
3. Interviewing techniques and pretrial preparations
Each student should observe two interviewing sessions of clients at the
lawyer’s office / legal aid office and record the proceedings in the journal.
Each student will further observe the preparation of documents and court
papers by the Advocate and the Procedure for the suit/ petition. This will be
recorded in the Journal.
4. Viva-voce
The fourth component of this paper will be viva-voce on the basis of above
mentioned topics
Distribution of marks :
1 Moot Court Pre Trial Preparation and participation in trial 30 marks
Proceeding (10 marks for each Moot Court i.e. 5 marks for
written submissions and 5 marks for oral submissions) 10 x 3
2 Observance of trial in two cases 30 marks
3 Interview Techniques and Pre Trial Preparations 30 marks
4 Viva-voce 10 marks
TOTAL 100 marks
(Note: The marks for the journal will be awarded by the College after evaluating the
Journal)
Fifth Year of the Five Year Law Course 11 ILS Law College, Pune
Reference books :
1. Gupta S.P. – Moot Court Pre Trial Preparation and participation in trial proceeding
2. Liberhan M.S. – Moot Court for Interactive Education (Nalsar Law University
Hyderabad)
3. Rai Kailash - Moot Court Pre Trial Preparation & participation in trial proceeding
4. Tewari O.P. - Moot Court Pre Trial Preparation and viva-voce
Fifth Year of the Five Year Law Course 12 ILS Law College, Pune
SEMESTER X
PAPER NO. 36: DRAFTING, PLEADING AND CONVEYANCING (THEORY
PAPER) – 100 MARKS
DRAFTING / PLEADING
I. CIVIL
1. Plaint in a suit for :
a. Specific performance of a contract
b. Recovery of money on the basis of a promissory note
c. Recovery of money for price of goods sold or work done
d. Partition of Joint Hindu Family Property
e. Suit for dissolution of partnership and accounts
f. Permanent injunction (public nuisance)
g. Damages for Defamation
h. Suit for possession against a trespasser
i. Mesne profits
j. Suit for cancellation of sale deed
k. Suit for possession by landlord against tenant under the Maharashtra Rent
Control Act, 1999
l. Written statement of the above suits.
1-A. Affidavit
2. Execution petition i.e. Darkhast on the basis of a civil court
3. Matrimonial
(Original Petition)
Petition under the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954.
a. Restitution of conjugal rights
b. Judicial separation
c. Divorce
d. Divorce by mutual consent
4. Petition for
a. Succession certificate
b. Probate on the basis of will
5. Petition under Article 32 and 226 of Constitution of India
a. Habeas Corpus
b. Mandamus
c. Prohibition
Fifth Year of the Five Year Law Course 13 ILS Law College, Pune
d. Certiorari
e. Quo Warranto
6. Application for compensation before the Motor Accidents Claims Tribunal under the
Motor Vehicles Act, 1988
7. Complaint under the Consumer Protection Act, 1986.
8. Interlocutory Application (Interim Relief)
9. Memorandum of Appeal, revision and review
10. Application under the Code of Civil Procedure, 1908
a. Taking adjournment
b. Substituted service
c. Amendment of the plaint of written statement
d. Granting leave to deliver interrogatories order
e. Bringing legal heirs and representative on record
f. Setting aside and abatement of the suits
g. Appointment of a commission
h. Attachment of the property of the defendant before judgment
i. Appointment of receiver
j. Permission to sue as Indigent person
k. Caveat application
II. CRIMINAL
1. A Private Criminal complaint in court relating to :
a. Criminal Trespass, hurt, abuses and threatening
b. Cheating
c. Defamation
d. Bigamous marriage
e. Under Section 498-A
f. Complaint under Section 138 of the Negotiable Instruments Act
Fifth Year of the Five Year Law Course 14 ILS Law College, Pune
c. Anticipatory bail
d. Bail before the court convicting an accused who intends to present an appeal
e. Application for cancellation of bail
f. Cancellation of warrant issued against the accused
g. Calling and recalling of witness
h. Disposal of property under Sections 451, 452 of Cr.P.C.
III. CONVEYANCING
a. Sale Deed
b. Mortgage Deed
c. Lease Deed
d. Gift Deed
e. Promissory Note
f. Power of Attorney
g. Will Deed
h. Legal Notices
i. Assignments, Deed of Exchange
j. Adoption Deed
k. Deed of Dissolution of Partnership
l. Deed of Public Trust
m. Partition Deed
n. Partnership Deed
o. Leave and License
Fifth Year of the Five Year Law Course 15 ILS Law College, Pune
13. Stone and Iyer – Pleading
14. Taxman’s – The Code of Civil Procedure, 1908
15. Taxman’s – The Code of Criminal Procedure, 1973
16. Tijoriwala M.T. – Law and Practice of Conveyancing
17. G.M. Divekar – Conveyancing
18. Retawade – Legal Drafting (Paper Book)
19. Mukherjee – Law of Civil Appeals, Revisions References and 13 Revisions and
Law of Criminal Appeals, Revisions
20. Banerjee and Awasthi – Guide to Drafting
21. Retawade – Drafting, Pleading and Conveyancing
22. R. N. Chaturvedi – Pleading, Drafting and Conveyancing
Fifth Year of the Five Year Law Course 16 ILS Law College, Pune
SEMESTER X
PAPER NO. 37 : OPTIONAL PAPER – ANY ONE – 100 MARKS
(A) LAW OF TAXATION (OPTIONAL)
Books recommended :
Fifth Year of the Five Year Law Course 17 ILS Law College, Pune
SEMESTER X
PAPER NO. 37 : OPTIONAL PAPER – ANY ONE – 100 MARKS
(B) BANKING LAWS INCLUDING NEGOTIABLE
NSTRUMENTS ACT
Books recommended :
Fifth Year of the Five Year Law Course 18 ILS Law College, Pune
SEMESTER X
PAPER NO. 37 : OPTIONAL PAPER – ANY ONE – 100 MARKS
(C) CO-OPERATIVE LAW
Fifth Year of the Five Year Law Course 19 ILS Law College, Pune
SEMESTER X
PAPER NO. 37 : OPTIONAL PAPER – ANY ONE – 100 MARKS
(D) INVESTMENT AND SECURITIES LAWS
• Offer Documents :
Prospectus
Norms for Disclosure under :
a. The Companies Act, 1956
b. The Securities Contract Regulation Act, 1957
c. The Securities Exchange Board of India Act, 1988
d. Bombay Stock Exchange Act
Fifth Year of the Five Year Law Course 20 ILS Law College, Pune
f. Derivatives
g. Listing of Shares
Relevant Provisions of :
1. The Companies Act, 1956
2. The Securities Exchange Board of India Act, 1988
3. The Securities Contract Regulation Act, 1957
4. Bombay Stock Exchange
• Investors Protection
Role and Functions of SEBI Tribunal
Depositories Act
Dematerialisation
Advantages and Disadvantages
Role and Functions of Rating Agencies
Note :
In addition to the Acts mentioned above, relevant provisions of the following Acts must
be studied in the appropriate places :
1. Law regarding Foreign Exchange Management Act, 1999
2. Public Debt Act
3. Reserve Bank of India Act, 1934
In addition to above, in order to get the latest information regarding this law, students
can go through the web sites.
Recommended books
Fifth Year of the Five Year Law Course 21 ILS Law College, Pune