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LLB Syllabus Sem 5

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61 views10 pages

LLB Syllabus Sem 5

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mehar29kalra
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Available Formats
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BA LLB

5
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L L & I R – I

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is course is designed to acquaint the students with the framework After completing this course students should be able to:
of Industrial relations in our country. Further, the importance of the . Understand the provisions of the Trade Union and industry.
maintenance of Industrial peace and e orts to reduce the incidence . Comprehend the standards and techniques of Industrial relations.
of Strikes and Lockouts is to be emphasized. e main theme un- . Understand the technicalities and concepts of industrial dispute
derlying the course is to critically understand the provisions of the and apply the relevant provisions of law.
Trade Unions, the types of machinery contemplated under the . Know the legal provisions and concepts of Lay-O and Lock-
provisions relating to the Industrial Disputes for the prevention and Out, Retrenchment, Strike, Wages and Workman.
settlement of industrial disputes Further, the objectives underlying . To develop extensive knowledge regarding provisions relating to
the Industrial Employment (Standing Orders) and Disciplinary trade unionism
Enquiry for Misconduct are to be studied to acquaint the students . To understand the provisions relating to minimum payment of
with misconduct and the procedure to be followed before punishing wages, Bonus, etc of the workers.
the misconduct alleged and established. Further, the students are to . Understand in detail Laws related to Factories and Apprentices
be acquainted with the social security framework prevailing in our . Know the o ences and penalties under the Wages code
country. It is necessary to know the concept of social security, its
importance and the constitutional basis for the same in India. e :
importance of ensuring the health, safety and welfare of the work-
men and social assistance and social Insurance Schemes under vari- . B. Pai, Labour Law in India ( )
ous legislations are to be emphasized. e main theme underlying . L.Malik, K.D. Srivastava‘s Law Relating to Trade Unions and
the course is to critically examine the provisions relating to payment Unfair Labour Practices in India ( th ed., , with Supplement
of wages of the workmen and the machinery provided for protect- )
ing the interests of the workers. e course aims to impart knowl- . C. Srivastava (Rev.)Labour Law and Labour Relations : Cases
edge about the wages, payment of bonus, audits, etc for workmen in and Materials (Indian Law Institute, )
industries and factories as per the Wages Code, . . M. Rao, O.P. Malhotra‘s e law of Industrial Disputes( th ed.,
)
. D. Srivastava, Industrial Employment (Standing Orders) Act,
( th ed., with Supplement )
. Bare Act: Industrial Relations Code
. Bare Act: Wages Code

Industrial Relations Code (Industrial Relations: e Trade Unions)


. Historical reasons for the formation of combinations of workers, legal impediments
. International Labour Organisation (ILO)— its in uence in bringing changes in national legislations.
. Trade Union— De nition, Registration and Recognition
. Immunities in trade disputes: Criminal and Civil.
Industrial Relations: e Industrial Disputes
. Industry – Conceptual Analysis.
. Standing orders
. Mechanism to dispute Resolution
. Concept of ‘Workman’
Causes Of Industrial Dispute
. ‘Strike’ & ‘Lock out’: Concepts, legality, & justi cation
. ‘Lay o ’, ‘Retrenchment’, & ‘Closure’
. Analysis of the Concepts, Pre-requisites
. Unfair Labour Practices
Wages Code
. Minimum Wages and Payment of Wages
. Payment of Bonus
. O ences and Penalties
. Miscellaneous
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L O C S R – I

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e objective of the course is to enable the students to understand . Ansons, Law of Contract, (OUP UK)
the contractual obligations and their signi cance. ey will be able . Bajaj Puneet, Law of Contract (Macmillan)
to identify the nature of contracts and various types of contracts. To . Bangia, R.K, Contract I: With Speci c Relief Act (LexisNexis)
enumerate and understand the essentials of a valid contract and . Bhatt Sairam, Law Of Business Contract s In India Sage Publi-
make out what amounts to the performance of a contract. ey will cations
acquire the ability to identify if there is a breach of contract and to . Chopras D.S, Cases And Materials On Contract Law & Speci c
explain the remedies in case of breach of contract. e course also Relief ( omson Reuters)
covers the Speci c Relief Act and hence aims to understand . Charles Fox, Working with Contracts, What they don’t teach you
the remedies available therein and actions aggrieved parties can at Law Schools . Cracknell, D.G, Obligations: Contract Law, (Old
seek. Baily Press London)
. Fifoot, Law of Contract (Butterworth).
: . Gupta Ritu, Law of Contract: Includes the Speci c Relief Act
, ( LexisNexis Haryana)
After completing this course, the students will be able to . Shetty Krishna, Simplest Book on Contract Law, Naveen Publi-
. Identify the commencing point of contractual obligations. cations.
. Test the validity of contracts by applying the essentials of valid . Kapoor S.k, “ Law of Contracts I Section to of the Indian
contracts. Contract Act, and the Speci c Relief Act , (Central Law
. Identify the nature of the contract and contractual liabilities. Agency)
. Understand the performance of a contract . Mitra S.C, Law of Contracts, (Orient Publishing)
. Identify and Apply the remedies available in case of breach of . Mulla Dinshaw F, Indian Contract Act, (LexisNexis)
contract from the Contract Act and Speci c Relief Act. . Muray, Rayan, Contract Law: e Fundamentals, (Sweet &
. Understand the remedies that can be availed by adopting various Maxwell)
legal proceedings. . Pathak Akhileshwar, Contract Law, (Oxford)
. Pollock & Mulla "Indian Contract Act and Speci c Relief Act”
(LexisNexis)
. Ramaswamy, B.S, Contracts and their Management, (Lexis
Nexis).
. Singh Avatar, (EBC)
. Singh, R. K, Law Relating to Electronic Contracts (LexisNexis).

Indian Contract Act, : Sections – , – ,& –


. Introduction
- History and nature of a contractual obligation
- Contemporary relevance
. O er, Acceptance, & its Communication
. Types of Contracts
- Contingent Contracts
- Quasi Contracts
- Standard Form Agreements
- e-Contracts (Includes Legal Recognition to e-Contracts as per the Information Technology Act (Section – ), De nitions, Digi-
tal Signatures, Electronic Governance, Attribution, Acknowledgment and Despatch of electronic records, Clickwrap and Shrink
Wrap Contracts)
Indian Contract Act, : Sections -
. Essential Ingredients for Enforceability (Sections – )
. Competency of Parties
. Free Consent
. Consideration
. Unlawful Object and Consideration
. Void Agreements
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Indian Contract Act, : Sections – & -
. Performance of Contract
. Discharge of contract
. Breach of Contract
. Types of Damages & Remedies for Breach
Speci c Relief Act,
. Origin of Speci c Relief as Equitable Relief
. Kinds of Relief in Speci c Relief Act
. . Possessory Remedies
. . Speci c Performance of Contracts
. . Contracts that cannot be speci cally performed
. . Substituted Performance of Contract
. . Recti cation of Instruments
. . Recession of Contract
. . Cancellation of instrument
. . Declaratory Decree
. . Injunctions
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L O T ,M A C ,&
C P

: . Fathom the principles of vicarious and strict liability and the


Judicial and extrajudicial remedies.
is course is designed to study the principles of Tortious liability, . Grasp the concepts in the Consumer Protection Act, the impor-
the defences available in an action for torts, the capacity of parties tance of consumer protection law and its implementation through
to sue and be sued and matters connected therewith. Further, this consumer dispute redressal commission.
course is designed to study speci c torts against the individual and . Identify and understand the elements of Motor Accident Claims
property. With rapid industrialization, the inadequacy of the law to under the Motor Vehicles Act.
protect the individual is exposed. An attempt shall be accorded to
the individuals against mass torts and industrial torts. e objective :
of the course is to set out the law of private rights and remedies
which is unique in nature as it is not covered under any statute. . Salmond and Heuston – On the Law of Torts, Universal, Delhi
Students will be well acquainted with this branch of law governing . D.D. Basu. e Law of Torts, Kamal, Calcutta. D. M. Gandhi
actions for damages for injuries to certain kinds of rights, like the Law of Tort Eastern, Lucknow
right to personal security, property, and reputation. e students will . P.S. Achuthan Pillai, e Law of Torts, Eastern,
be able to conceptually understand the standing of a person in tort, . Ratanlal & Dhirajlal, e Law of Torts, Wadhwa.
justi cations of tort, discharge of torts, vicarious liability, strict . Saraf, D. N. Law of Consumer Protection in India, Tripathi,
liability, product and services liability and remedies. Students will be Bombay
acquainted with the rules for Motor Vehicle Accident Claims and . Avtar Singh. e Law of Consumer Protection, Principles and
the rights and remedies under Consumer Protection Act, . Practice, Eastern Book Co. Lucknow.
. J. N. Barowalia, Commentary on Consumer Protection Act, ,
: Universal Delhi.
. P. K. Majumdar, e Law of Consumer Protection In India,
After completing this course, the students will be able to: Orient Publishing Co. NewDelhi.
. Understand the Concept of Tort as a civil wrong and the reme- . R.M. Vats, Consumer, and the Law, Universal, Delhi.
dies available to the aggrieved party. . Win eld and Jolowiz on Tort, Sweet and Maxwell London.
. Gain knowledge about Torts against persons, including Assault, . Saraf, D. n. Law of Consumer Protection in India, Tripathi,
Battery, Mayhem, False imprisonment. Bombay
. Understand Torts against property and the concept of Trespass. . P. Mathur’s Law Relating to Motor Vehicles: Eastern Book
. Comprehend the concepts of Defamation, Nuisance, Negligence, Company (Revised by Justice G. C. Mathur)
Fraud.

General Principles of Tort


. Tort: De nition, Nature, Scope and object of Tort, Tort in India.
. Distinction from Crime, Breach of Contract etc., who may sue, who may not be sued.
. Damnum Sine Injuria, Injuria Sine Damnum
. Volenti non- t Injuria, Ubi jus ibi remedium
. Extinguishment of Liability in Tort
. General Defenses and Discharge of Torts
Torts against person, property, Freedom & Reputation
. Trespass to Person: Assault, Battery, Mayhem, False imprisonment.
. Torts a ecting Property (Movable & Immovable): Trespass, Trespass ab initio etc.
. Torts related to Reputation (Defamation) & Personal Relations
. Torts a ecting person & Property: Nuisance, Negligence, Fraud
. Joint Tort-Feasors, Nervous Shock and Malicious abuse of Legal Process.
Principles of Liability in Torts and Legal Remedies
. Vicarious Liability: Basis, scope, Justi cation, Di erent types.
. Principle of Strict Liability: Ryland V. Fletcher case with exceptions.
. Principle of Absolute Liability: Bhopal Gas Disaster case and Shree Ram Food Oleum Gas Leakage
case and orientation to Public liability Insurance Act, .
. Judicial and Extra Judicial Remedies.
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Concept of Consumer & Consumer Protection Act
. Consumer: De nition; Defect in goods.
. Services: Types of services, De ciency-meaning, Denial of Services, Commercial & Professional Ser-
vices, Medical Services.
. Consumer Protection Councils.
. Consumer Disputes Redressal Agencies: District Commission, State Commission & National Com-
mission, Judicial Review.
. Motor Vehicles Act, - Motor Accidents Claims- Claims Tribunals.
. Liability without fault and third-party risks under Motor Vehicles Act, .
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L L

: :

e Course aims at training students for the legal profession from . Legal language and Legal Writing by Prof D.K. Shukla.
the perspective of language of the law and its interpretation and . Legal Language and Legal Writing by Prof. Dr. K.L.Bhatia.
enabling them to get familiar with concepts and principles of law. . G.P Singh, Principles of Statutory Interpretation
is course will equip students to become familiar with the formal- . Golden Legal Maxims by Maxwell
ized and professional language which is used in the Court of Law. . Broom’s Legal Maxims, Lexus Nexis
ey will be able to understand the meaning and application of . Law Lexicon
legal Maxims in written and oral submissions advanced before the . Latin words, phrases, and maxims by R. S. Vasant
Courts. is course intends to train the students in reading, intellec- . Maxwell on Interpretation of Statutes.
tually understanding and citing cases. e students will acquire . N.S. Bindra’s Interpretation of Statutes
expertise in comprehending the abbreviation of Law Reports and . V. Sarthy, Interpretation of Statutes
search of case laws in the relevant Law Reports and e-data bases. . Avatar Singh Interpretation of Statutes
e students will be well versed in the study of precedents with . Dr. Shrikant Mishra’s Legal Language and Legal Writing
relation to case laws involving matters of public importance, decided . Wren and Martin, English Grammar
by the various Courts.

After completing this course the students will be able to-


. Get accustomed to the language of the Court and with the legal
concepts.
. Search the case laws with ease.
. Understand the application of Legal Maxims.
. Understand the use of Law Reports.
. Read and understand statute and its classi cation
. Use the precedents in the litigation.

Module
. Legal Concepts
- Law - State - Writ - Acquittal
- Custom - Plaint - Stay Order - Conviction
- Justice - Complaint - Injunction - Legal heirs
- Right - Suit - Adjournment - Legal Representa-
- Duty - A davit - Cause of Action tive
- Wrong - Judgment - Issue - Power of Attorney
- Remedy - Appeal - Charge - International Law
- Fact - Review - Bail - Arbitration
- Person - Revision - Ex-Parte - Jurisdiction
- O ence - Reference - Discharge - Amicus Curiae
. Legal Maxims
Actus de nemini facit injuriam Quod ab initio non valet in tractu temporis non convalesscit
Salus populi est suprema lex Nullus commodum capere potest de injuria sua propria
Nemo tenetur sepisum accusare Cessante retione legis cessat ipsa lex
Leges postpriores priores contrarias abrogant Acta exteriora indicant interiora secreta
Nova constituito futris formam imponere debet non praetertis. Domus sua cuique est tutissimum refugium
Noscitur a sociis Nemo est haeres viventis
Expressio unis est exclusio alterius Ignorantia facti excusat, ignorantia lex non excusat
Vigilantibus, non domientibus, jura subveniunt
Module
. Law Reports, Magazines and References to Case Laws
Law Reports e search of a case law
Law Magazines Abbreviations of law Reports
Explanation of citations
. Statutes (Enactments) — Meaning and Classi cation
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. Commencement of Statutes
Prospective application Provisions dealing with repeal under the General
Retrospective e ect Clauses Act
Repeal of Statutes
. General English: essay writing, comprehension, & rules of grammar
Active-passive
Direct & indirect speech
Degrees of comparison
Kinds of sentences: interrogative, exclamatory, imperative, assertive, positive, & negative
Question tags
Module
. Legislative Material
Internal Aids (Parts of a statute and their function in in- External Aids (External Aids to the interpretation of a
terpretation of a statute): statute):
Short and long titles Dictionaries
Preamble Translations
Schedules Travaux Preparatiories
Marginal headings Statutes in pari materia
Parts & their captions Contemporanea Exposito
Chapters & their captions Debates & Reports
Marginal & section-headings
De nitions clause & types of de nitions
Explanations, exceptions, illustrations, & provisos
Language & punctuation
Non-obstante clause & saving clause
. Judicial Material
Ratio and guidelines of courts in the following cases, minority & majority judgements:
- D.K. Basu v. State of West Bengal – AIR SC
- M.C. Mehta V. Union of India – AIR SC
- Vishakha v. State of Rajasthan – AIR SC
- Joseph Shine v. Union of India – AIR SC
- Aruna Shanbaug v. Union of India – AIR SC
- Young Lawyers Association v. the State of Kerala – AIR SC
Module
. Rules of interpretation of Statutes
Literal, Mischief and Golden rule of interpretation
Secondary Rules or Subsidiary Rules of Interpretation:
Noscitur a Sociis
Ejusdem Generis
Reddando Singula Singulis
Interpretation with reference to the subject matter and purpose:
Restrictive and bene cial construction
Taxing statutes
Penal statutes
Welfare legislation
Interpretation of directory & mandatory provisions
Interpretation of substantive & adjunctively statutes
. 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
Presumption against impairing obligations or permitting advantage from one’s own wrong
. General Clauses Act,
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P T – I: P E
& P A S

Professional legal education cannot be sans practical aspects. is At the end of the course, the students will be able to:
course is as prescribed by the Bar Council of India(BCI) as a com- . Understand the eligibility and procedure for enrolment and re-
pulsory clinical course. e objective of this course is to equip the quired ethical standards of the legal profession.
students with the knowledge about the Bar, enrolment into the Bar, . Distinguish between the di erent kinds of lawyers and their roles
di erent terminology used to refer to practitioners of law, Bar .Know the qualities of a good lawyer, privileges of a lawyer and the
Councils under the Advocates Act, qualities of a good lawyer, Right right to practice
to practice and privileges, e course is designed to imbibe in stu- .Know duties of advocates andthe rules of legal professionalism
dents the values forming the basis of the profession so that they can .Know professional misconduct and powers and procedure for
live up to those standards in their professional life and hence in- disciplinary action against erring advocates
cludes BCI laid down professional ethics and the disciplinary pow- . Know and apply the contempt of court law and basic accountancy
ers of Bar Council over the advocates for misconduct in the teach- required for advocates
inglearning of this course. e course aims at providing an insight
into the Contempt of Courts Act, as prescribed by BCI. e :
course endeavors to teach the bar- bench relations and accountancy
for lawyers. . Mr. Krishnamurthy Iyer’s book on “Advocacy”
. Professional Conduct and Advocacy B S Raman
. Advocates Act,
. Contempt of Courts Act,
. N R Madhava Menon, (ed,) - Clinical Legal Education ( ),
Dr B Malik, (Ed)
. Art of Lawyer (New Delhi, Universal Book Agency, )

Module
. Enrolment of Lawyers: Quali cations prescribed u/s of the Advocates Act and procedure
. Common Terminology
- Solicitor - Legal Practitioners
- Advocate - Barrister
- Lawyer - AOR
- Senior Counsel - Amicus Curie
- Junior Counsel
. Seven Lamps of Advocacy
- Honesty - Eloquence
- Courage - Judgment
- Industry - Fellowship
- Wit
. e Bar Council of India & the State Bar Council— Constitution, Powers, and Functions
. Privileges of a lawyer— Salient features of the Advocates Act,
. Right to Practice
. Designation as Senior Counsel: Indira Jaising v/s SC of India (SC )
Module
. Professional Ethics
Power of Bar Council of India
Meaning & Standards of professional conduct & etiquette
. Duties
A. Duty to the court D. Duty to the profession
B. Duty to the client E. Duty to the colleagues
C. Duty to the opponent F. Duty to public, state and society
. Duty to Render Legal Aid
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J
T
D
E
C
E
i
1
C
f
O
D
9
T
c
6
M
e
1
I
R
V
E
Th
a
E
E
s
S
A
S
Th
l
Th
D
s
1
ff
9
I
i
7
N
1
G
o
S
1
r
n
9
7
a
1
a
fi
i
l
n
i
n
c
1
g
9
c
9
9
o
1
9
Th
u
9
Th
8
n
2
t
4
i
r
n
o
g
1
f
9
6
e
1
2
0
s
y
1
7
s
s
i
t
o
e
n
1
9
m
6
a
1
s
l
t
h
i
c
s
Module
. Professional Misconduct
. Punishment for misconduct
. Remedies against the order of punishment
. Review by the State Bar Council of its own order
. Disciplinary Committee of the State Bar Council— Organisation and powers and procedure
. Disciplinary Committee of the Bar Council of India— Organisation and powers and procedure
. Transfer of proceedings from the State Bar Council to the Bar Council of India
. Selected opinions of the Disciplinary Committee of Bar Councils & Major Judgments of the
Supreme Court on the subject.
Module
. e Contempt Law and Practice— Articles & of the Constitution of India, Contempt of
Courts Act,
. Bar Bench relations— Role of the Bar to Strengthen Bar-Bench Relations
. Accountancy for Lawyers
i. Amount due to the client or amount due by the client
ii. Penalty for not keeping Account Books
iii. Bar council Rules relating to accounting
iv. Basic principles of accounting, nancial statements, balance sheet, income statement
3
3
3
3
3
3
3
3
4
4
4
1
2
3
4
5
6
7
8
1
2
3
Th
3
4
1
9
7
1
fi
1
2
9
2
1
5

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