ADMISSION INTO 5 YEAR COURSE
5-Year Degree Course:
Candidates should have passed 2-year Intermediate Examination (10+2 pattern) with 45% of aggregate marks or any other examination recognized as equivalent by the University concerned or the Board of Intermediate Education, Andhra Pradesh. 44.5% or more shall be rounded off and treated as 45%.
NOTE: THERE IS A RELAXATION OF 5% OF MARKS OF MARKS IN THE ABOVE QUALIFYING EXAMINATION FOR 3 YEARS / 5 YEAR LAW COURSE IN FAVOUR OF THE CANDIDATES BELONGING TO SC / ST.
FACULTY OF LAW, OSMANIA UNIVERSITY
SCHEME OF B.A., LL.B. FIVE-YEAR INTEGRATED DEGREE COURSE WITH EFFECT FROM 2009-2010
RULES AND REGULATIONS OF B.A., LL.B. FIVE-YEAR DEGREE COURSE
SUBJECTS FOR STUDY
3. Political Science-I
4. Legal Language and Legal Writing
5. History of Courts, Legislatures and Legal Profession in India
2. Political Science-II
4. Law of Torts
5. Consumer Protection Law
2. Political Science-III
4. Law of Contract-I
5. Family Law-I
1. Sociology -II
3. Environmental Studies
4. Law of Contract – II
5. Family Law- II
1. Criminal Law-I
2. Constitutional Law-I
3. Corporate Law-I
4. Environmental Law
5. Law of Evidence
Law of Property
1. Labour Law-I
2. Public International Law
3. Administrative Law
4. Law of Insurance
5. Intellectual Property Law
1. Labour Law-II
2. Interpretation of Statutes
3. Private International Law
4. Land Laws
5. Citizenship and Emigration Law
1. Civil Procedure Code and Law of Limitation
2. Criminal Procedure Code, Law of Juvenile Justice and Probation of Offenders
3. Law of Banking and Negotiable Instruments
4. Alternate Dispute Resolution
5. Professional Ethics and Professional Accounting System
1. Law of Taxation
2. Information Technology Law
3. Optional (The candidate should take any one of the following subjects)
(a) Law Relating to Women
(b) Human Rights Law
4. Drafting, Pleadings and Conveyancing
5. Moot Courts, Observation of Trial, Pre-trial Preparations and Internship
FACULTY OF LAW, OSMANIA UNIVERSITY
SYLLABUS OF B.A., LL.B. (5YDC) FIVE-YEAR INTEGRATED DEGREE COURSE
WITH EFFECT FROM 2009-2010
Unit-I: Simple Sentences (One Clause) (their phrase structure)
(a) Tense and concord
(b) Noun Modifiers (Determiner, propositional phrases, clauses)
(c) Basic transformations:
(i) Passives (ii) Negatives (iii) Questions
Unit-II: (a) Complex and Compound sentences (use of connectives); (b) Conditionals ;(c) Reported Speech ; (d) Question-tags and short responses ; (e) Some common errors.
Unit-III: Vocabulary (Communication skills) — (a) Legal terms and idiomatic expressions.
Unit-IV: (a) Reading Comprehensions (Principles and Practice); (b) Listening Comprehension.
Unit-V: (i) Paragraph writing; (ii) Formal correspondence; (iii) Note taking.
Unit-I: Ancient Indian Cultural Heritage — Social — Political and in the area of Religious Philosophy (with special emphasis on the study of village republican of Ancient India.)
Unit-II: Ancient Legal Systems: The Organization of Central Government in Ancient India — Decentralization and dispute resolution systems in Ancient India — Pre-Islamic period – Law in relation to culture.
Unit-III: The advent of Islam — Interaction between Ancient Indian Cultural Heritage and Islamic Culture and the emergence of synthetic Indian Culture — Innovation by rulers of medieval period in the area of revenue administration — District administration — Court system.
Unit-IV : Impact of European Liberal Though on the Indian National Movement and Constitutional development in India up to 1947 — Study of Social Reform Movements in Modern India and its impact on Indian culture.
Unit-V: Economic History of India during British Period.
PAPER-III: POLITICAL SCIENCE – I
Unit-I: Political Theory: Nature of State — Theories of Origin of State — State as conceived by different Schools of Thought — Forms of Government — Constitution of Government.
Unit-II: Main currents of Indian Political thought — Classical Hindu concept of the State — Islamic concept of State — Liberalism in India — Marxism in India — Gandhism and Sarvodaya in Indian Political thought.
Unit-III: Conception of Political and Legal Sovereignty — The Totalitarian State — Conceptions of representation — Public opinion and participation.
Unit-IV: Organization of Government — Unitary, Federal, Quasi-Federal and Confederal Constitutions and political organization— One party democracies — Military rule — Presidential and Parliamentary forms of Government with reference to India, U.K. and USA.
Unit-V: The Legislature, Executive and Judiciary — the Doctrine of Separation of Powers — Parliamentary Sovereignty and Independence of Jjudiciary.
PAPER-IV: LEGAL LANGUAGE AND LEGAL WRITING
Unit-I : The student shall be explained about reading for understanding the contents and organization of the text, reading for details and language study; vocabulary – identification of sources of law and case law – use of legal dictionaries.
For the above purpose a passage from referred law book, journal or judicial decision may be given. From the passage the student may be asked to
a) Identity legal terms;
b) Explain those terms;
c) Use equivalent other terms;
d) Search and Identify Case law by using Digests;
e) Analise the point of law involved;
f) Answer the questions put based on that passage.
Courts and hierarchy – Difference between Substantive and Procedural Law – Constitutional Law and other laws – Acts and Rules – Importance of specific terms in relevant enactments (about 10 terms like Damage and Damages, void and voidable, Compensation and Solarium).
Unit-II : Civil laws : Suit – Parties to the suit – Plaintiff and Defendant – Plaint – Cause of action – Jurisdiction: Territorial, Pecuniary and Subject-Matter – Evidence : Oral and Documentary – Judgment – Decree – Execution – Attachment – Sale – Arrest – Interlocutory Applications.
Unit-III :Criminal laws : Offense and its connotation – Wrongs against society and individuals – Economic Offenses – Cognizable and Non-cognizable offences – Prosecution – Cognizance – Registration of cases – FIR – Arrest and Preventive Detention – Evidence – Bail – Remand – Custody (Judicial and Police) – Trial – Acquittal – Conviction – Sentence – Imprisonment – Fine – Probation of Offenders – Appeal – Suspension of sentence – juvenile offenders.
Unit-IV: Legal Writing: Pleadings – Plaint – Written Statement – Affidavit –Sale – Agreement of Sale – Power of Attorney – Legal Notice.
Unit-V: Search of Legal Material – Identification of actual problem – Provisions of law applicable to the matter – Search of decided cases or commentaries of renowned authors – Art of using digests – Identification of decided cases, their analysis and application.
PAPER-V: History of Courts, Legislatures and Legal Profession in India
Administration of Justice in the Presidency Towns (1600-1773) and the development of courts and judicial institutions under the East India Company.
Warren Hastings’ Plan of 1772 and the Adalat System of Courts; Reforms made under the Plan of 1774 and reorganization in 1780.
Regulating Act of 1773 — The Supreme Court at Calcutta, its composition, power and functions and failure of the Court — Act of 1781 – Supreme Court vis-a-vis Moffussil Courts.
Judicial measures of Cornwallis 1787, 1790, 1793 – Progress of Adalat System under Sir John Shore.
Unit-II: Indian High Courts Act, 1861 – Conflicts arising out of the dual judicial system – Tendency for amalgamation of the two systems of Courts – the Indian High Courts Act, 1911 – the Government of India Act, 1915 – High Courts under the Government of India Act, 1935 – High Courts under the Indian Constitution.
Development of Rule of Law, Separation of Powers, Independence of
Judiciary — Judicial Committee of Privy Council as a Court of Appeal to hear
appeals from Indian decisions — Abolition of the jurisdiction of the Privy
Council to hear appeals from Indian decisions.
Legislative authority of the East India Company under the Charter of Queen Elizabeth, 1600 — Changes under the Regulating Act, 1773 — Act of 1781 — Act of 1813 — Act of 1833 — Establishment of Legislature of an all India character in 1834.
Unit-IV: The Indian Council Act, 1861 — Central Legislative Council and its
composition, powers and functions.
Government of India Act of 1900 — Government of India Act of 1919 —
Setting up of bicameral system of legislature at the Centre in place of Imperial
Council consisting of one House.
The Government of India Act, 1935 — the Federal Assembly and the Council of States, its composition, powers and functions — Legislative Assemblies in the Province.
Law Reform and Law Commission.
Unit-V: LEGAL PROFESSION:
Legal Profession in Pre-British India — Principles in ancient Indian system.
Law practitioners in the Mayor’s Courts established under the Charter of 1726.
Organization of Legal Profession under the Charter of 1874.
Provision for enrollment of Advocates, Vakils and Attorneys under the Legal Practitioner’s Act, 1853.
PAPER-I: ENGLISH – II
Foreign words and phrases (Important Latin and English affixes)
Certain set expressions and phrases
One word substitution
Words often confused
Unit-II: Comprehension Skills:
Common logical skills
Comprehension of legal texts
Unit-III: Composition of Skills:
Use of cohesive devices (legal drafting)
Precis-writing, summarizing and briefing
Brief-writing and drafting of reports
Essay writing on topics of legal interest
Varieties of sentence structures and verb patterns
Unit-IV: Speech Training:
Reading aloud (Knowledge of proper pauses)
Key sounds, their discrimination and accent
Consulting a pronouncing Dictionary
Unit-V: Speech Making:
1. Rapid reading and debating exercises
2. Writing brief speeches like formally introducing a guest speaker,
introducing the themes/topics of a Seminar to the audience, proposing a
vote of thanks, etc.
PAPER-II: POLITICAL SCIENCE – II
(Foundatios of POLITICAL OBLIGATION)
Unit-I: Concept of Power, Authority and Legitimation.
Unit-II: Legitimacy of power: The classical (Hobbes, Locke and Roousseau) and modern (Max Webber, Karl Marx and Durkheim) approaches to the notion of political obligation.
Unit-III: Utilitarianism (both rule and act utilitarianism) as approaches to political obligation. The problem of civil disobedience and political obligation with special reference to Gandhian and Neo-Gandhian thought.
Unit-IV: The problem of obedience to unjust laws. Foundations of promissory and contractual liability.
Unit-V: The problem of punishment: Use of force by State against the citizen (the basis of criminal sanction).
The contemporary origin of legitimation.
Unit-I: Introduction: Definition and scope of Psychology – History of Psychology – Fields of Psychology – Schools of Psychology.
Psychological methods: Research – Surveys – Observation – Case Study – Interview -Experimental Method.
Biological Basis of Behaviour: The nervous system and the brain – our control center – Hormonal basis of behaviour – the major endocrine glands and their functions –Sensation and perception – Mechanisms of heredity – Chromosomes and genes –Influence of heredity and environment on behaviour.
Unit- II: Developmental Psychology: Freud’s psychosexual stages – Erikson’s psychological stages of development – Piaget’s Cognitive development – Developmental problems.
Motivation and Emotion: Definition and function of Motives – The psychology of Motivation – Maslow’s theory of Motivation – Emotions – Definition and nature of emotions – types of emotions.
Theories of Personality: Psychoanalytical approaches – Behaviouristic, Humanistic approaches and cognitive approaches.
Unit-III: Social Psychology: Definition – Social perception – Understanding Others-Definition and types of Groups – group behavior – Conformity.
Attitudes – Definition – Distinctive features of attitudes.
Nature and Origin of Prejudice – Techniques of reducing Prejudice – Persuasion –
Methods of persuasion – advertising.
Human aggression – Social, Personal and Situational factors – Prevention and
Control of aggression.
Unit-IV: Communication – Definition – Nature and Types of communication – Barriers to effective communication.
Conflict and management: Conflict – causes, management, resolution of conflict.
Abnormal psychology: Overview and classification into Mood disorders – Developmental disorders – Personality disorders – Dissociative disorders – Somatoform disorders.
Unit-V: Counseling – definition – nature and scope of counseling – need for and goals of counseling.
Counseling process – Preparation for counseling – Pre-counselling interview – process of counseling – Physical setting – establishing the relationship – conducting counseling interview and termination of the counseling.
Counseling skills – Relational and Attending skills – Listening skills – Primary level empathy – genuineness – respect and concreteness.
Ethical issues in Counseling – Confidentiality in the Counseling relationship – Transference and the Counseling relationship – Competence, referral, client autonomy and client protection.
PAPER-IV: LAW OF TORTS
Unit-I: Nature of Law of Torts – Definition of Torts – Elements of Torts – Development of Law of Torts in England and India – Wrongful Act and legal damage – Damnum Sine Injuria and Injuria Sine Damnum – Tort distinguished from Crime and Breach of Contract – General Principles of tortuous liability – Fault – Wrongful intent – Malice – Negligence – Liability without fault – Statutory liability.
Unit-II: Parties to proceedings – General Defences – Vicarious liability – The Liability of State for Torts – Defence of Sovereign Immunity – Joint Liability –Liability of Joint Tortfeasors – Rule of Strict Liability (Rylands vs Fletcher) – Rule of Absolute Liability (MC Mehta vs. Union of India) – Occupiers liability.
Unit-III : Specific Torts : Torts affecting persons – Assault – Battery – False Imprisonment – Malicious Prosecution – Nervous Shock. Torts affecting Immovable Property – Trespass to land – Nuisance – Public Nuisance and Private Nuisance – Torts relating to movable property
Unit-IV: Defamation – Negligence – Torts against Business Relations – Injurious falsehood- Negligent Misstatement – Passing off – Conspiracy – Torts affecting family relations.
Unit-V: Extinction of liability – Waiver and Acquiescence – Release – Accord and Satisfaction – Death. Death in relation to tort – Actio Personalis Moritur Cum Persona. Remedies – Judicial and Extra-judicial Remedies – Damages – Kinds of damages – Assessment of Damages – Remoteness of damage – Injunctions. Liability arising out of accidents (Relevant provisions of the Motor Vehicles Act).
PAPER-V: CONSUMER PROTECTION LAW
Unit – I : Consumer Protection Movement– Historical Perspectives –
Consumer Protection Movement in modern times – Emergence
of Consumer Organizations, Consumer Associations and Consumer Action
Groups – Position in India, USA and U.K. – Evolution of Consumer
Protection law – Position in Common Law – Liability for
Negligence and injurious falsehood – Product Liability.
Unit- II: U.N. Guidelines on Consumer Protection – Constitution and Consumer
Protection – Problems of Consumers – Consumer Protection under
various statutes in India – The Agricultural Produce (Grading and
Marking) Act, Bureau of Indian Standards Act – MRTP Act – Essential
Commodities Act – Competition Act -Trademarks Act– Prevention of Food
Adulteration Act – Food Safety and Standards Act – Sale of Goods Act –
Standards of Weights and Measures Act – Drugs and Cosmetics Act etc.
Unit- III: The Consumer Protection Act, 1986 – Aims and Objectives – Salient
features – Rights of Consumers – Definition of Consumer, Consumer
Dispute, Service, Defect in Goods, Deficiency in Services, Uunfair Trade
Practices and Restrictive Trade Practices – Consumer and Public Utility
Services, Professional Services – Liability of Doctors and Hospitals in
Medical Profession – Control of Unfair Trade Practices.
Unit- IV: Consumer Protection Mechanism under the C.P. Act – District
Forum, State Commission and National Commission – Their composition,
Jurisdiction, procedure and powers – Consumer Protection Councils.
Unit – V: Remedies under the C.P. Act – Remedies under other Laws – Appeals and
Revision- Vexatious and frivolous complaints – Procedure for filing a
consumer dispute – Offenses against Consumers – Criminal Responsibility –
Effectiveness of penal sanctions.
SEMESTER – III
1. (a) Sociology – Definition, origin, nature and scope of the subject
(b) Sociology as a science – Data, concepts and theory
(c) Methods and techniques used in Social Research
(d) Sociology and other Social Sciences – Relation with History, Psychology, Economics, Political Science etc.
2. Basic Concepts in Sociology:
(a) Society, Community, Association and Institutions
(b) Structure and Function
(b) Status and Role
(c) Norms and Values
(d) Socialisation, Culture and Social Processes
3. Social Institutions:
(a) Marriage, Family and Kinship
(b) Economic Institutions
(c) Political Institutions
(d) Religious Institutions
(e) Educational Institutions
4. Social Stratification — Caste and class
5. Social control, order and stability
6. Coercion, Conflict and Change
7. Sociology as discipline
8. Law and Society, Sociology of Law, Sociology of Legal Profession
PAPER-II: POLITICAL SCIENCE – III
(International Relations & Organizations)
Unit-I: World Community: Sovereign States — Transnational political parties — Transnational non-official organization such as the Churches, Multinational Corporations, Scientific, Cultural and other organizations.
Unit-II : Components of National Power, Population, Economic organisation, Technology and Military force, Limitations on National Power; International morality, public opinion, International law, fear of violence and destruction, War with conventional and nuclear weapons.
Unit-III : Major source of conflicts, East and West, North and South rivalries, territorial claims, resources, population migrations, International Trade balance of payments and protectionism.
Unit-IV : Avoidance of War and Facilitation of Peaceful Change: Alliance and balance of power approach; Collective security and disarmament and diplomacy and peaceful resolution of conflicts by Negotiation, Mediation, Conciliation, Arbitration and Judicial settlements and recourse to international organization; the cultural approach and the UNESCO; Promotion of international co-operation and the functional approach; the specialized agencies. The case for and against World Government.
Unit-V: Inter-governmental organizations and their constituent instruments; the special features of the ILO and international financial institutions. The United Nations and its principal organs- the relationship between the United Nations and its principal organs – the relationship between the United Nations and regional organizations – Specialized agencies – International non-governmental organizations.
PAPER-III: ECONOMICS –I (General Principles)
Unit-I: Economics as a Science and its relevance to Law — Economics as a basis of Social Welfare and Social Justice — Free Enterprise — Planned Economies and Mixed Economies.
Unit-II: General Principles of Economics: Demand and Supply — Business Organizations — Labor and Wages — Capital and Money — Savings — Consumption — Investment.
Unit-III: Markets — Determination of Prices — International comparisons of development strategies and experiences — Theories of economic growth and problems of development.
Unit-IV: Control of Monopolies and Prevention of economic concentration — Monopolies — Monopolistic competition — Oligopoly.
Unit-V: Banking and Fiscal Policy: Resource mobilization and fiscal resources — Taxation — The Role of Credit and Banking system — Rural Money Markets — International Financial Institutions — Technology and Economic growth.
Paper-IV: LAW OF CONTRACT–I
Unit-I : Definition and essentials of a valid Contract – Definition and essentials of a valid Offer – Definition and essentials of valid Acceptance – Communication of Offer and Acceptance – Revocation of Offer and Acceptance through various modes including electronic medium – Consideration – salient features – Exception to consideration – Doctrine of Privity of Contract – Exceptions to the privity of contract – Standard form of Contract.
Unit-II : Capacity of parties – Effect of Minor’s Agreement – Contracts with insane persons and persons disqualified by law – Concepts of Free Consent – Coercion – Undue influence – Misrepresentation – Fraud – Mistake – Lawful Object – Immoral agreements and various heads of public policy – illegal agreements – Uncertain agreements – Wagering agreements – Contingent contracts – Void and Voidable contracts.
Unit-III: Discharge of Contracts – By performance – Appropriation of payments – Performance by joint promisors – Discharge by Novation – Remission – Accord and Satisfaction – Discharge by impossibility of performance (Doctrine of Frustration) – Discharge by Breach – Anticipatory Breach – Actual breach.
Unit-IV : Quasi Contract – Necessaries supplied to a person who is incapable of entering into a contract – Payment by an interested person – Liability to pay for non-gratuitous acts – Rights of finder of lost goods – Things delivered by mistake or coercion – Quantum meruit – Remedies for breach of contract – Kinds of damages – liquidated and unliquidated damages and penalty – Duty to mitigate.
Unit-V : Specific Relief – Recovering possession of property – Specific performance of the contract – Rectification of instruments – Rescission of contracts – Cancellation of instruments – Declaratory Decrees – Preventive Relief – Injunctions – Generally – Temporary and Perpetual injunctions – Mandatory & Prohibitory injunctions – Injunctions to perform negative agreement.
PAPER-V: FAMILY LAW–I (Hindu Law)
Unit-I : Sources of Hindu Law – Scope and application of Hindu Law – Schools of Hindu Law – Mitakshara and Dayabhaga Schools – Concept of Joint Family, Coparcenary, Joint Family Property and Coparcenary Property – Institution of Karta- Powers and Functions of Karta – Pious Obligation – Partition – Debts and alienation of property.
Unit-II : Marriage – Definition – Importance of institution of marriage under Hindu Law – Conditions of Hindu Marriage – Ceremonies and Registration – Monogamy – Polygamy.
Unit-III: Matrimonial Remedies under the Hindu Marriage Act, 1955 – Restitution of Conjugal Rights – Nullity of marriage – Judicial separation – Divorce – Maintenance pendente lite – importance of conciliation.
Unit-IV: Concept of Adoption – Law of Maintenance – Law of Guardianship – Hindu Adoption and Maintenance Act, 1956 – Hindu Minority and Guardianship Act 1956.
Unit-V : Succession – Intestate succession – Succession to the property of Hindu Male and Female; Dwelling House – Hindu Succession Act, 1956 as amended by the Hindu Succession (Andhra Pradesh Amendment) Act, 1986 & the Hindu Succession (Amendment) Act, 2005 – Notional Partition – Classes of heirs – Enlargement of limited estate of women into their absolute estate.
PAPER-I: SOCIOLOGY – II
Unit-I: The Study of Indian Society: The Development of Indian Society – Unity and Diversity — Continuity and Change — Ancient, Medieval and Modern – Rural and Urban Characteristics.
Unit-II: Indian as Plural Society: Varieties of Cultural Diversities — Linguistic Religious, Political, Economic and Cultural Communities.
Unit-III: Major Institutions of Indian Society — Family —Marriage — Caste — Village — Tribe and Caste in the Traditional Order — Caste and Class in contemporary India — the backward classes.
Unit-IV: Indian Cultural values and developments — Impact of Muslims and British cultures.
Unit-V: Trend of change in Indian Society — Rural and Urbanization — Industrialization — Modernization — Globalization.
PAPER-II: ECONOMICS – II
Unit-I: Indian economy — Trends: Trends in population growth – Estimation of national income in India – Post Independence Economic Policies in India – Trends and inter regional variations in the incidence of rural poverty – Unemployment and employment generation schemes – Labour productivity and wages.
Unit-II: Planning: Planning process – Priorities between agriculture and industry – Deficit financing – Choice of technology – Pricing.
Unit-III : Agriculture: Basic characteristics of the economy and its transformation since independence – Evolution of agrarian relations, integrated rural development – Commercialisation of Agriculture – Economics of farm management – Agricultural credit – Role of capital formation, credit and banking system.
Unit-IV: Industry: Large, Medium and Small Scale Industries – The role of Public, Private and Joint Sectors – Regulation of the Private Corporate Sector (controls, licences and quotas) – Anti Monopolies and Restrictive Trade Practices Regulation – Labour Relations.
Unit-V: Trade policy and foreign investment: Import Substitution and Export Promotion – International Investment – International Aid – International Corporations – Trends in New Economic Order.
PAPER-III: ENVIRONMENTAL Studies
Unit-I: Environmental Studies: Introduction – Definition, Scope and Importance – Basic principle of ecosystem functioning – Concept of ecosystem, structure and functioning of ecosystem, introduction and characteristic features, structures and functions, different ecosystems.
Biodiversity and its conservation: Introduction – Bio-geographical classification of India. Value of biodiversity – consumptive and predictive use, social, ethical and optional values. Biodiversity – Global, National and local levels. Hot spots of biodiversity – Threats to biodiversity – Endangered and endemic species of India – Conservation of biodiversity – In-situ and Ex-situ conservant.
Unit-II: Environmental and Natural Resources: Forest resources – Use and over-exploitation, Deforestation, Timber extraction, Mining and dams – their effects on forests and tribal people. Water resources – Use and over-utilization of surface and ground water, floods, droughts, conflicts over water, dams – effects of extracting and using mineral resources. Food resources – World food problems – change caused by agricultural and overgrazing, effects of modern agricultural fertilizer pesticide problems, water logging and salinity.
Environmental Valuation: Welfare measure and environmental values, definition and classification of environmental values, valuation methods.
Environmental Economics: Economic approach to environmental preservation and conservation, property rights and externalities, management of natural resources.
Unit-III: Environmental Pollution: Causes, effects and control measures of air pollution, water pollution, soil pollution, marine pollution, noise pollution.
Environmental Problems in India: Effects of human activities on the quality of life, Water and River, Ground water, Wasteland reclamation.
Unit-IV: Regional and Sectoral Issues: Urbanization, Agro-forestry, Dry lands, Goods and services, Mountain development, River basin water resources management, sustainable tourism, and Costal zone management.
Environment and Development: The economy and environment interaction, State of the Environment – Economics of development, preservation and conservation. Sustainability: Theory and Practice, Equitable use of resources for sustainable life styles – Role of an individual in prevention of pollution.
Human Population and the Environment: Population growth and environment – Human Rights.
Unit-V: Social Issues and the Environment: Sustainable Development – Resettlement and rehabilitation of people and its problems and concerns.
Environmental ethics: Issues and possible solutions-Consumerism and waste products – Public awareness.
Sustainable resources management.
Design of Environmental Policy — Direct regulation by Government – Command and control instrumentation.
PAPER – IV: LAW OF CONTRACT–II
Unit-I : Indemnity and Guarantee – Contract of Indemnity, definition – Rights of Indemnity holder – Liability of the indemnified – Contract of Guarantee – Definition of Guarantee – Essential characteristics of Contract of Guarantee – Distinction between Indemnity and Guarantee – Kinds of Guarantee – Rights and liabilities of Surety – Discharge of surety. Contract of Bailment – Definition of bailment – Essential requisites of bailment – Kinds of bailment – Rights and duties of bailor and bailee – Termination of bailment – Pledge – Definition of pledge – Rights and duties of Pawnor and Pawnee – Pledge by non-owner.
Unit-II: Contract of Agency – Definition of Agent – Creation of Agency – Rights and duties of Agent – Delegation of authority – Personal liability of agent – Relations of principal and agent with third parties – Termination of Agency.
Unit-III: Contract of Sale of Goods – Formation of contract – Subject matter of sale – Conditions and Warranties – Express and implied conditions and warranties – Pricing – Caveat Emptor.
Unit-IV : Property – Possession and Rules relating to passing of property – Sale by non-owner – Nemo dat quad non habet – Delivery of goods – Rights and duties of seller and buyer before and after sale – Rights of unpaid seller – Remedies for breach.
Unit-V : Contract of Partnership – Definition and nature of partnership – Formation of partnership- Test of partnership – Partnership and other associations – Registration of firm – Effect of non-registration – Relations of partners – Rights and duties of partners – Property of firm – Relation of partners to third parties – Implied authority of partners – Kinds of partners – Minor as partner – Reconstitution of firm – Dissolution of firm.
PAPER – V: FAMILY LAW-II (Muslim Law and Other Personal Laws)
Unit-I : Origin and development of Muslim Law – Sources of Muslim Law – Schools of Muslim Law – Difference between the Sunni and Shia Schools – Sub-schools of Sunni Law – Operation and application of Muslim Law – Conversion to Islam – Effects of conversion – Law of Marriage, nature of Muslim Marriage – Essential requirements of valid Marriage – Kinds of Marriages – distinction between void, irregular and valid marriage – Dower (Mahr) – Origin, nature and importance of dower, object of dower and classification of dower.
Unit-II: Divorce – Classification of divorce – different modes of Talaq – Legal consequences of divorce – Dissolution of Muslim Marriage Act, 1939 – Maintenance, Principles of maintenance, Persons entitled to maintenance – The Muslim Women (Protection of Rights on Divorce) Act, 1986 – Effect of conversion on maintenance and difference between Shia and Sunni Law.
Unit-III: Parentage – Maternity and Paternity – Legitimacy and acknowledgment – Guardianship – Meaning – Kinds of guardianship – Removal of guardian – Difference between Shia and Sunni Law. Gift – Definition of Gift – Requisites of valid gift – Gift formalities – Revocation of gift – Kinds of gift. Wills – Meaning of Will – Requisites of valid Will – Revocation of Will – Distinction between Will and Gift – Difference between Shia and Sunni Law.
Unit-IV : Waqf _ Definition – Essentials of Waqf – Kinds of Waqf – Creation of Waqf – – Revocation of Waqf – Salient features of the Waqf Act, 1995 – Mutawalli – Who can be Mutawalli – Powers and duties of Mutawalli – Removal of Mutawalli and Management of Waqf property. Succession – Application of the property of a deceased Muslim – Legal position of heirs as representatives – Administration – Waqf Tribunals and Jurisdiction.
Unit-V : Special Marriage Act, 1954 – Salient features of Indian Divorce Act, 1869 – Domicile – Maintenance to dependents/ Spouses – Intestate succession of Christians under the Indian Succession Act, 1925.
PAPER-I: CRIMINAL LAW-I
Meaning of Crime – Essential elements of Crime – Crime and Tort – Crime and Breach of Contract – Stages of Crime – Historical Background of Indian Penal Code – Territorial operation of the Code – Punishment of Offences committed beyond India – Extra-territorial operation of the Code.
General Explanations – Punishments – General Exceptions – Abetment – Criminal Conspiracy
Offenses against the State – Offenses relating to Army, Navy and Air force – Offenses against Public Tranquility
Offenses by or Relating to Public Servants – Offenses Relating to Elections – Contempt of the Lawful Authority of Public Servants.
False Evidence – Offenses against Public Justice – Offenses relating to Coin and Government Stamps – Offenses relating to Weights and Measures – Offenses relating to Public Health, Safety, Convenience, decency and Morals – Offenses relating to Religion
PAPER-II: CONSTITUTIONAL LAW-I
Constitution-Meaning and Significance – Evolution of Modern Constitutions -Classification of Constitutions-Indian Constitution – Historical Perspectives – Government of India Act, 1919 – Government of India Act, 1935 – Drafting of Indian Constitution – Role of Drafting Committee of the Constituent Assembly
Nature and Salient Features of Indian Constitution – Preamble to Indian Constitution – Union and its Territories-Citizenship – General Principles relating to Fundamental Rights(Art.13) – Definition of State
Right to Equality(Art.14-18) – Freedoms and Restrictions under Art.19 – Protection against Ex-post facto law – Guarantee against Double Jeopardy – Privilege against Self-incrimination – Right to Life and Personal Liberty – Right to Education – Protection against Arrest and Preventive Detention
Rights against Exploitation – Right to Freedom of Religion – Cultural and Educational Rights – Right to Constitutional Remedies – Limitations on Fundamental Rights(Art.31-A,B and C)
Directive Principles of State Policy – Significance – Nature – Classification – Application and Judicial Interpretation – Relationship between Fundamental Rights and Directive Principles – Fundamental Duties – Significance – Judicial Interpretation
PAPER-III: CORPORATE LAW-I
Corporate Personality – General Principles of Company Law – Nature and Definition of Company – Private Company and Public Company – Characteristics of a Company – Different kinds of Company – Registration & Incorporation of Company – Lifting the Corporate Veil – Company distinguished from Partnership and HUF.
Unit – II
Promoters – Memorandum of Association – Doctrine of Ultravires – Articles of Association – Doctrine of Indoor Management – Prospectus – Civil and Criminal liability for misstatement in prospectus – Statement in lieu of Prospectus – Pre-incorporation Contracts – Membership in a Company – Borrowing Powers – Debentures & Charges.
Shares & Stock – Kinds of shares – Statutory restrictions on allotment of shares – Intermediaries – Call on shares for future of shares- Transfer of shares – Transmission of shares – Reduction on transfer of shares – Rectification of register on transfer – Certification and issue of certificate of transfer of shares – Limitation of time for issue of certificates – Object and effect of share certificate.
Unit – IV
Directors – Position of Directors – Different kinds of Directors – Appointment, position , qualifications and disqualifications, powers of Directors – Rights and Duties of Directors – Registers – Directors’ liabilities – Manager, Secretary, Sole selling agents, Managing agents, Other Managerial Personnel – Meetings and proceedings – kinds of meetings – Statutory meeting- Statutory report – Annual General Meeting – Extraordinary meeting – Power of the Tribunal to order meeting – class meetings – Requisites for a valid meeting – Chairman for meetings – Duties of Chairman – Proxy – Resolutions – Minutes.
Unit – V
Accounts and Audit – Inspection and Investigation – Compromises, Reconstruction and Amalgamation – Majority rule and Rights of minority share holders – Prevention of oppression and mismanagement – Revival and rehabilitation of sick industrial companies – Mergers, Amalgamation and Takeover – Dissolution of a company – Winding up –Modes of winding up – Procedure of winding up – Official liquidator – powers and duties of the liquidator – Consequences of winding up of a company – Winding up of Unregistered and Foreign Companies – Defunct company. Department of Company Affairs – NCLAT, NCLT, Company Law Board, Regional Directors, ROC, Public Trustee or Advisory Committee – Court – Producer Companies.
PAPER – IV: ENVIRONMENTAL LAW
Unit-I The meaning and definition of environment – Ecology – Ecosystems-Biosphere – Biomes – Ozone depletion – Global Warning – Climatic changes – Need for the preservation, conservation and protection of environment – Ancient Indian approach to environment- Environmental degradation and pollution – Kinds, causes and effects of pollution.
Unit-II Common Law remedies against pollution – trespass, negligence, and theories of Strict Liability & Absolute Liability – Relevant provisions of I.P.C. and Cr.P.C. and C.P.C., for the abatement of public nuisance in pollution cases – Remedies under Specific Relief Act – Reliefs against smoke and noise – Noise Pollution.
Unit-III The law relating to the preservation, conservation and protection of forests, wild life and endangered species, marine life, coastal ecosystems and lakes etc. – Prevention of cruelty towards animals – The law relating to prevention and control of water pollution – Air Pollution – Environment pollution control mechanism – Law relating to environment protection – National Environmental Tribunal and National Environmental Appellate Authority.
Unit-IV: Art. 48A and Art. 51A(g) of the Constitution of India – Right to wholesome environment – Right to development – Restriction on freedom of trade, profession, occupation for the protection of environment – Immunity of Environment legislation from judicial scrutiny(Art.31C) – Legislative powers of the Centre and State Government – Writ jurisdiction – Role of Indian Judiciary in the evolution of environmental jurisprudence.
Unit-V International Environmental Regime – Transactional Pollution - State Liability – Customary International Law – Liability of Multinational Corporations/Companies – Stockholm Declaration on Human Environment, 1972 – The role of UNEP for the protection of environment – Ramsar Convention 1971 – Bonn Convention (Migratory Birds) 1992 – Nairobi Convention, 1982 (CFCC) – Biodiversity Convention (Earth Summit), 1992 – Kyoto Protocol 1997, Johannesburg Convention 2002.
PAPER-V: LAW OF EVIDENCE
Unit-I: The Indian Evidence Act, 1872 — Salient features of the Act – Meaning and kinds of Evidence —Interpretation clause — May Presume, Shall presume and Conclusive proof – Fact, Fact in issue and Relevant facts —Distinction between Relevancy and Admissibility – Doctrine of Res Gestae — Motive, preparation and conduct — Conspiracy —When Facts not otherwise relevant become relevant — Right and custom — Facts showing the state of mind etc.
Unit-II : Admissions & Confessions: General Principles concerning Admissions — Differences between “Admission” and “Confession” — Confessions obtained by inducement , threat or promise – Confessions made to police officer – Statement made in the custody of a police officer leading to the discovery of incriminating material — Admissibility of Confessions made by one accused person against co-accused.
Dying Declarations and their evidentiary value — Other Statements by persons who cannot be called as Witnesses — Admissibility of evidence of witnesses in previous judicial proceedings in subsequent judicial proceedings.
Unit-III : Relevancy of Judgments — Opinion of witnesses — Expert’s opinion — Opinion on Relationship especially proof of marriage — Facts which need not be proved — Oral and Documentary Evidence – General Principles concerning oral evidence and documentary evidence — Primary and Secondary evidence — Modes of proof of execution of documents — Presumptions as to documents — General Principles regarding Exclusion of Oral by Documentary Evidence.
Unit-IV: Rules relating to Burden of Proof – Presumption as to Dowry Death — Estoppel — Kinds of estoppel — Res Judicata, Waiver and Presumption.
Unit-V : Competency to testify — Privileged communications – Testimony of Accomplice — Examination in Chief, Cross examination and Re-examination — Leading questions — Lawful questions in cross examination — Compulsion to answer questions put to witness — Hostile witness — Impeaching the credit of witness — Refreshing memory — Questions of corroboration — Improper admission and rejection of evidence.
PAPER-I: CRIMINAL LAW-II
Unit-I: Offences Affecting Human Body – Culpable Homicide – Murder – Death caused by Negligence – Causing of Miscarriage – Injuries to Unborn Children – Hurt – Simple and Grievous Hurt – Wrongful Restraint and Wrongful Confinement – Criminal Force and Assault – Kidnapping and Abduction – Slavery and Forced Labour – Sexual offences
Unit-II: Offences against Property – Theft – Extortion – Robbery & Dacoity – Criminal Misappropriation of Property – Criminal Breach of Trust – Receiving Stolen Property – Cheating – Fraudulent Deeds and Dispositions of Property – Mischief – Criminal Trespass.
Unit-III: Offences relating to Documents and Property Marks – Currency Notes and Bank Notes – Criminal Breach of Contracts of Service.
Unit-IV: Offences relating to Marriage – Cruelty by husband or relative of husband.
Unit-V: Defamation – Criminal Intimidation, Insult and Annoyance – Attempts to commit Offences.
PAPER-II: CONSTITUTIONAL LAW-II
Legislature under Indian Constitution – Union and State Legislatures – Composition, Powers, Functions and Privileges – Anti-Defection Law – Executive under Indian Constitution – President and Union Council of Ministers – Governor and State Council of Ministers – Powers and position of President and Governor
Judiciary under Constitution – Supreme Court – Appointment of Judges, Powers and Jurisdiction – High Courts – Appointment and Transfer of Judges – Powers and Jurisdiction – Subordinate Judiciary – Independence of judiciary – Judicial Accountability
Centre State Relations – Legislative, Administrative and Financial Relations – Cooperation and Coordination between the Centre and States – Judicial Interpretation of Centre-State Relations – Doctrines evolved by Judiciary
Liability of State in Torts and Contracts – Freedom of Interstate Trade, Commerce and Inter course – Services under the State – All India Services – Public Service Commissions
Emergency – Need of Emergency Powers – Different kinds of Emergency – National, State and Financial emergency – Impact of Emergency on Federalism and Fundamental Rights – Amendment of Indian Constitution and Basic Structure Theory
PAPER-III: CORPORATE LAW-II
UNIT – I
Securities Contracts (Regulation) Act, 1956 – Definition of Securities
Contracts – Meaning and Definition of Stock Exchange – Recognised Stock Exchange – Contracts and Captions in Securities – Listing of Securities – Penalties and Procedure – Securities Appellate Tribunal: Constitution, Powers and Functions — Appeals against the orders of Securities Appellate Tribunal – Collective Investment Scheme – Title to Dividends.
Unit – II
Securities and Exchange Board of India Act, 1992 – Definitions of Board, Collective Investment Scheme, Fund, Regulations & Securities — Establishment of Securities and Exchange Board of India – Constitution, Powers and Functions of SEBI – Registration of Stock Brokers – Sub-brokers – Share Transfer Agents etc.- Prohibition of Manipulative and Deceptive Devices, Inside Trading and Substantial Acquisition of Securities or Control – Penalties and Adjudication – Appeals to Securities Appellate Tribunal – High Court and Supreme Court – Capital Markets Regulations.
Unit – III
Depositories Act, 1996 – Definition of Depository Board and Beneficial Owner – Certificate of Commencement of Business – Rights and Obligations of Depositories, Participants, Issuers and Beneficial Owners – Enquiry and Inspection – Penalties – appeals.
Unit – IV
Competition Act, 2002 – Applicability of the Act – Definitions – Prohibition of certain agreements – Abuse of dominant position and Regulation of combinations – Competition Commission of India – Establishment – Powers – Functions – Power of Central Government to supersede Commission – Restriction on disclosure of information – Overriding effect of the Act – Penalties – Appeals – Competition Advocacy.
Unit – V
Foreign Exchange Management Act, 1999 – Definitions – Regulation and Management of Foreign Exchange – Authorised Person Contravention – Penalties – Adjudication and Appeal – Directorate of Enforcement – Powers – Functions.
Non –banking finance Companies – Formation and regulation of NBFC’s Consumer Protection Act, 1986 – Salient Features – Definitions of complainant, Consumer, Manufacturer, Consumer Dispute, Service, Good, Unfair Trade Practices,- Liability of Companies to consumers etc. Corporate Governance – International dimensions of Company Law.
Unit-I: Meaning and Definition of Jurisprudence — General and Particular Jurisprudence – Elements of Ancient Indian Jurisprudence — Schools of Jurisprudence — Analytical, Historical, Philosophical and Sociological Schools of Jurisprudence. Theories of Law — Meaning and Definition of Law — The Nature and Function of Law — The Purpose of Law — The Classification of Law — Equity, Law and Justice — Theory of Sovereignty.
Unit-II : Sources of Law — Legal and Historical Sources — Legislation – Definition of legislation – Classification of legislation- Supreme and Subordinate Legislation – Direct and Indirect Legislation – Principles of Statutory Interpretation. Precedent — Definition of Precedent — Kinds of Precedent — Stare Decisis — Original and Declaratory Precedents — Authoritative and Persuasive Precedents. Custom – Definition of Custom – Kinds of Custom – General and Local Custom – Custom and Prescription – Requisites of a valid custom – Relative merits and demerits of Legislation , Precedent and Custom as a source of Law . Codification — Advantages and disadvantages of codification.
Unit-III: Rights and Duties — Definition of Right — Classification of Rights and Duties — Absolute and Relative Rights and Duties — Rights and Cognate concepts like Liberty, Power, Immunity, Privilege etc.
Persons — Nature of personality — Legal Status of Lower Animals, Dead Persons and Unborn persons — Legal Persons — Corporations — Purpose of Incorporation — Nature of Corporate Personality
Unit-IV : Obligation — Nature of Obligation — Obligation arising out of Contract, Quasi Contract, trust and breach of obligation etc. — Liability — Nature and kinds of liability — Acts — Mens Rea — Intention and Motive — Relevance of Motive — Negligence — Strict Liability — Accident — Vicarious Liability — Measure of Civil and Criminal Liability.
Unit-V: Ownership — Definition and kinds of Ownership – Possession — Elements of Possession – Relation between Ownership and Possession — Possessory Remedies — Property — Meaning — Kinds of Property — Modes of Acquisition of Property — Legal Sanctions – Meaning of Sanction — Classification of Sanctions — Civil and Criminal Justice — Concept of Justice — Theories regarding purpose of Criminal Justice — Deterrent, Preventive, Reformative and Retributive theories.
PAPER-V: LAW OF PROPERTY
Unit-I: Meaning and concept of property — Kinds of property — Transfer of property — Transferable and non-transferable property — who can transfer — Operation of transfer — Mode of transfer — Conditional transfer — Void and unlawful conditions — Condition precedent and condition subsequent — Vested and contingent interest — Transfer to unborn person
Unit-II: Doctrine of Election — Covenants — Transfer by ostensible owner — Doctrine of Feeding the Grant by Estoppel — Doctrine of Lis Pendens — Fraudulent Transfer — Doctrine of Part-performance.
Unit-III: Sale – Essential features — Mode of Sale — Rights and liabilities of parties. Mortgage – Kinds of Mortgages – Rights and liabilities of mortgagor and mortgagee — Marshalling and Contribution — Charges.
Unit-IV: Lease — Essential features — Kinds of leases — Rights and liabilities of lessor and lessee — Termination of lease — forfeiture — Exchange — Gifts — Different types of gifts — Registration of Gifts — Transfer of Actionable Claims.
Unit-V: Easements — Definition of easement — Distinction between Lease and License — Dominant and Servient Tenements. Acquisition of property through testamentary succession — Will — Codicil — Capacity to execute Will — Nature of bequests — Executors of Will — Rights and Obligations of Legatees.
PAPER-I: LABOUR LAW –I
Trade Unions: History of Trade Union Movement – The Trade Union Act 1926 – Definitions – Registration – Rights and Liabilities of Registered Trade Unions – Immunities – Amalgamation and dissolution of Unions – Reorganization of Trade Unions.
Prevention and Settlement of Industrial Disputes in India – The role of State in Industrial Relations – The Industrial Disputes Act 1947 – Definition of industry – Industrial Dispute – Individual Dispute – workman- Lay off – Retrenchment – Closure -Award – Strike – Lockout
Authorities under the IDAct – Works committee – Conciliation – Court of inquiry – Labour Courts- Tribunal – Powers and functions of authorities – Voluntary Arbitration – Provisions under Chapter V-A & V- B of the Act- Alteration of conditions of service – Management rights of action during pendency of proceedings – Recovery of money due from employer – Unfair labour practices – miscellaneous provisions of the Act.
Standing Orders – Concept and Nature of Standing Orders – scope and coverage- Certification process – its operation and binding effect – Modification and Temporary application of Model Standing Orders – Interpretation and enforcement of Standing Orders and provisions contained in the Industrial Employment (Standing Orders ) Act 1946.
Disciplinary Proceedings in Industries – Charge sheet – Explanation – Domestic enquiry – Enquiry officer – Enquiry report – Punishment – Principles of Natural Justice.
PAPER-II: PUBLIC INTERNATIONAL LAW
Unit-I: Definition, Nature, Scope and Importance of International Law — Relation of International Law to Municipal Law — Sources of International Law — Codification.
Unit-II: State Recognition — State Succession — Responsibility of States for International delinquencies — State Territory — Modes of acquiring State Territory
Unit-III: Position of Individual in International Law — Nationality — Extradition — Asylum — Privileges and Immunities of Diplomatic Envoys — Treaties – Formation of Treaties – Modes of Consent, Reservation and termination.
Unit-IV: The Legal Regime of the Seas – Evolution of the Law of the Sea – Freedoms of the High Seas – Common Heritage of Mankind – United Nations Convention on the Law of the Seas – Legal Regime of Airspace – Important Conventions relating to Airspace – Paris, Havana, Warsaw and Chicago Conventions – Five Freedoms of Air – Legal Regime of Outer space – Important Conventions such as Outer space Treaty, Agreement on Rescue and Return of Astronauts, Liability Convention, Agreement on Registration of Space objects, Moon Treaty – Unispace.
Unit-V: International Organizations — League of Nations and United Nations —
International Court of Justice —International Criminal Court – Specialized
Agencies of the UN — WHO, UNESCO, ILO, IMF and WTO.
Unit-I: Nature and scope of Administrative Law — Meaning, Definition and Evolution of Administrative Law—Reasons for the growth of Administrative Law — Relationship between Administrative Law and Constitutional Law.
Unit-II: Basic concepts of Administrative Law — Rule of Law — Interpretation of Dicey’s concept of Rule of Law — Modern trends – Theory of Separation of Powers — Position in India, UK and USA
Unit-III: Classification of Administrative functions — Legislative, Quasi-judicial, Administrative and Ministerial functions — Delegated Legislation — Meaning, Reasons for the growth and Classification of delegated legislation— Judicial and Legislative Control of Delegated litigation.
Unit-IV: Judicial Control of Administrative Action – Grounds of Judicial Control — Principles of Natural Justice — Administrative discretion and its control.
Unit-V: Remedies available against the State — Writs — Lokpal and Lok Ayukta — Liability of the State in Torts and Contracts — Rule of Promissory Estoppel —Administrative Tribunals – Commissions of Inquiry — Public Corporations.
PAPER-IV: LAW OF INSURANCE
Unit – I
Growth of Insurance Business in India – Institution of Insurance and Economic Development – Definition of Insurance – Differences between Contract of Indemnity, Contingent, Wager and Insurance – Principle of utmost good faith
Unit – II
Kinds of Insurance – Insurable interest – Premium – Risk – Certificate of Insurance – Doctrine of Subrogation and Contribution – Rights and Liabilities of Insurer and Insured person – Life Insurance Contract – Personal Accident Insurance – Establishment and functioning of LIC
Unit – III
Nature and scope of Marine Insurance – Classification of marine insurance – Kinds of marine policies – Voyage – Loss – the perils of the sea – Implied warranties in marine insurance contract – Assignment of Marine Policy
Unit – IV
Nature of Fire Insurance Contract – Meaning of the word ‘fire’ – Scope of Fire Policy, Cover note – Right to contribution and right to average – Principle of Reinstatement – Double insurance and reinsurance – Doctrine of Approximation – Burglary Insurance
Social control on Insurance Business – Purpose of compulsory insurance – Rights of Third Parties – Public Liability Insurance – Adjudicating Authorities of Insurance Claims – Powers and Functions of the Insurance Regulatory and Development Authority.
PAPER-V: Intellectual property law
Unit-I: Meaning, Nature, Classification and protection of Intellectual Property — The main forms of Intellectual Property — Copyright, Trademarks, Patents, Designs (Industrial and Layout) — Geographical Indications – Plant Varieties Protection and Biotechnology,
Unit-II: Introduction to the leading International instruments concerning Intellectual Property Rights — The Berne Convention — Universal Copyright Convention — The Paris Union — Patent Co-operation Treaty — The World Intellectual Property Organization (WIPO) and the UNEESCO, International Trade Agreements concerning IPR — WTO — TRIPS.
Unit-III : Select aspects of the Law of Copyright in India — The Copy Right Act, 1957 – Historical evolution — Meaning of copyright — Copyright in literary, dramatic and musical works, computer programmes and cinematograph films — Neighbouring rights — Rights of performers and broadcasters, etc. — Ownership and Assignment of copyright — Author’s special rights — Notion of infringement — Criteria of infringement — Infringement of copyright in films, literary and dramatic works — Authorities under the Act — Remedies for infringement of copyright.
Unit-IV: Intellectual Property in Trademarks and the rationale of their protection – The Trade Marks Act, 1999 — Definition of Trademarks — Distinction between Trademark and Property Mark – Registration — Passing off —Infringement of Trademark — Criteria of Infringement — Remedies. The Designs Act, 2000 — Definition and characteristics of Design — Law in India — Protection and rights of design holders — Copyright in design — Registration — Remedies for infringement.
Unit-V: Patents — Concept of Patent — Historical overview of the Patents Law in India — Patentable Inventions — Kinds of Patents — Procedure for obtaining patent — The Patents Act, 1970 — Rights and obligations of a patentee — Term of patent protection — Use and exercise of rights — Exclusive Marketing Rights — Right to Secrecy — The notion of ‘abuse’ of patent rights — Infringement of patent rights and remedies available.
PAPER-I: LABOUR LAW-II
The Remunerative Aspects – Wages – Concepts of wages – Minimum, Fair, Living Wages – Wage and Industrial Policies – Whitley Commission Recommendations -Provisions of Payment of Wages Act 1936 – Timely payment of wages – Authorised deductions – Claims – Minimum Wages Act 1948 – Definitions – Types of wages -Minimum rates of wages – Procedure for fixing and revising Minimum Wages – Claims -Remedy.
Bonus – concept – Right to claim Bonus – Full Bench formula – Bonus Commission – Payment of Bonus Act 1965 – Application – Computation of gross profit, available, allocable surplus – Eligibility of Bonus – Disqualification of Bonus – set on – set off of allocable surplus- Minimum and Maximum Bonus-Recovery of Bonus.
Employees Security and Welfare aspect – Social Security – Concept and meaning – Social Insurance – Social Assistance Schemes. Social Security Legislations – Law relating to workmen’s compensation – The Workmen’s Compensation Act 1923 – Definitions -Employer’s liability for compensation – Nexus between injury and employment – payment of compensation – penalty for default – Employees State Insurance Act 1948 – Application – Benefits under the Act – Adjudication of disputes and claims – ESI Corporation.
Employees Provident Fund and Miscellaneous Provisions Act 1952 – Contributions -Schemes under the Act – Benefits. The Maternity Benefit Act 1961 – Definitions-Application – Benefits. The Payment of Gratuity Act 1972 – Definitions – application – Payment of gratuity – eligibility – forfeiture – Nomination – Controlling authorities.
The Factories Act 1948 – Chapters dealing with Health, Safety and Welfare of Labour.
Child Labour – Rights of child and the Indian Constitution – Salient features of the Child Labour(Prohibition and Regulation) Act 1986.
PAPER-II: interpretation of statutes
Unit-I: Meaning and Definition of Statutes — Classification of Statues — Meaning and Definition of Interpretation — General Principles of Interpretation — Rules of Construction under the General Clauses Act, 1897.
Unit-II: Grammatical Rule of Interpretation — Golden Rule of Interpretation – Rule of Interpretation to avoid mischief.
Unit-III: Interpretation of Penal Statutes and Statutes of Taxation — Beneficial Construction — Construction to avoid conflict with other provisions — Doctrine of Harmonious Construction.
Unit-IV: External Aids to Interpretation — Statement of objects of legislation, Legislative debates, identification of purpose sought to be achieved through legislation — Internal Aids to Interpretation — Preamble, title, interpretation clause, marginal notes, explanations etc. — Presumptions.
Unit-V: Effect of Repeal — Effect of amendments to statutes — Conflict between parent legislation and subordinate legislation — Methods of interpreting substantive and procedural laws.
PAPER-III: PRIVATE INTERNATIONAL LAW
Unit – I: Meaning and subject mater of Private International Law – Unification of
Private International Law – Evolution of English Private International Law,
Indian Private International Law – Theories of Private International Law –
Theories of Characterization – Doctrine of Renvoi
Unit – II: Application of Foreign Law, Foreign Law as question of fact, English
Law, Indian Law, exclusion of foreign law, Public Policy, Foreign
Penal Code, Foreign Revenue Laws.
Domicile, meaning, Domicile of Independent person, Domicile of origin,
Domicile of choice, Domicile of Dependants – Jurisdiction of Courts
Unit- III: Concept of marriage – Validity of marriage, Formal validity of
Marriage (English Law, Indian Law) matrimonial causes,
Dissolution of marriage, Grounds of Divorce, Recognition of Foreign
Divorces, Nullity of marriage, Recognition of Foreign Nullity
Decrees, Judicial separation, Grounds for Judicial separation,
Recognition of foreign decrees of Judicial Separation – Restitution of
Conjugal Rights, Matrimonial Reliefs in respect of
Polygamous marriages, Enforcement of foreign maintenance orders,
Foreign Custody Orders, Indian Law, English Law, Choice of Law.
Unit-IV: Legitimacy, jurisdiction of courts, Legitimation, Jurisdiction of court,
Recognition of foreign legitimation, Indian Law, English Law, choice of law.
Adoption, jurisdiction of courts, recognition of foreign adoptions, adoption by
foreign parents, Indian Law, English Law. Guardianship and custody,
jurisdiction, recognition and enforcement of foreign guardianship and custody
orders, Indian law, choice of law.
Unit-V: Commercial contracts – Proper law of contract, capacity to contract, Formal and
Material validity of contract, obligations arising under the contract, Discharge
PAPER-IV: land laws
Unit-I: Classification of lands — Ownership of Land — Absolute and limited ownership (tenancy, lease etc.) — Doctrine of Eminent Domain — Doctrine of Escheat – Doctrine of Bona Vacantia — Maintenance of land records and issue of Pattas and Title Deeds etc.
Unit-II: Law Reforms before and after independence — Zamindari Settlement — Ryotwari Settlement — Mahalwari System — Intermediaries — Constitutional Provisions — Abolition of Zamindaries, Jagirs and Inams — Tenancy Laws — Conferment of ownership on tenants/Ryots.
Unit-III: Laws relating to acquisition of property — Land Acquisition Act of 1894 (Issue of notifications, Award enquiry, Payment of compensation & Reference to civil courts etc.) The Land Acquisition and Requisition Act.
Unit-IV: Laws relating to Ceiling on Land Holdings — A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 — Effect of inclusion in the IX Schedule of the Constitution — Interpretation of Directive Principles of State Policy — The Urban Land (Ceiling on Holdings) Act, 1976.
Unit-V: Laws relating to alienation — A.P. Scheduled Areas Land Transfer Regulation 1959 — A.P. Assigned Lands (Prohibition of Transfers) Act, 1977-Resumption of Lands to the Transferor/Government – A.P. Land Grabbing (Prohibition) Act.
PAPER-V: CITIZENSHIP AND EMIGRATION LAW
Nature and scope of citizenship and its associated concepts – Nationality – Domicile – Multiple Citizenship – Common Wealth Citizenship – Corporate Citizenship – Dual Citizenship – Overseas Citizenship to the People of Indian Origin and Non-resident Indians.
Historical Evolution of Citizenship – Ancient Citizenship – Constitutional Debates on Citizenship and Citizenship at the Commencement of Constitution of India – Modern Citizenship and Citizenship in the Age of Globalization.
Theories of Citizenship – Civic Republican, Liberal, Communitarian, Sociological and Multicultural theories of Citizenship.
Citizenship after the commencement of the Constitution – Constitutional Provisions of Citizenship, Citizenship Act 1955 – Citizenship Rules 1956 – Citizenship under International Law – Rights and Duties of Citizens and Non-Citizens under the Constitution and other enactments.
Meaning and Nature of Emigration and its associated concepts – Migration – Citizenship – Allegiance – Emigration – Visas and Passports – Emigration issues – Statelessness – Refugees – Asylum – Extradition – Deportation – determination of status of illegal migrants – double taxation – Rights and Obligations of the sending and receiving states – Discriminative Practices vis-à-vis Emigrants – Protection of Emigrants by International law and impact of Citizenship Policies on Emigration.
PAPER-I: CIVIL PROCEDURE CODE AND LAW OF LIMITATION
Unit-I : Codification of Civil Procedure and Introduction to CPC — Principal features of the Civil Procedure Code — Suits — Parties to Suit — Framing of Suit —Institution of Suits — Bars of Suit – Doctrines of Sub Judice and Res Judicata — Place of Suing — Transfer of suits — Territorial Jurisdiction — ‘Cause of Action’ and Jurisdictional Bars — Summons — Service of Foreign summons.
Unit-II : Pleadings — Contents of pleadings — Forms of Pleading — Striking out / Amendment of Pleadings – Plaint— Essentials of Plaint – Return of Plaint—Rejection of Plaint—Production and marking of Documents— Written Statement — Counter claim — Set off — Framing of issues.
Unit-III : Appearance and Examination of parties & Adjournments — Ex-parte Procedure — Summoning and Attendance of Witnesses — Examination — Admissions — Production, Impounding, Return of Documents — Hearing — Affidavit —Judgment and Decree — Concepts of Judgment, Decree, and Interim Orders and Stay — Injunctions — Appointment of Receivers and Commissions — Costs — Execution — Concept of Execution — General Principles of Execution — Power of Execution — Power of Executing Courts — Procedure for Execution — Modes of Execution — Arrest and detention — Attachment and Sale.
Unit-IV: Suits in Particular Cases — Suits by or against Government — Suits relating to public matters;— Suits by or against minors, persons with unsound mind, – Suits by indigent persons — Interpleader suits — Incidental and supplementary proceedings – Appeals, Reference, Review and Revision — Appeals from Original Decrees — Appeals from Appellate Decrees — Appeals from Orders — General Provisions Relating to Appeals.
Unit-V: Law of Limitation — Concept of Limitation — Object of limitation – General Principles of Limitation — Extension — Condonation of delay — Sufficient Cause — Computation of limitation — Acknowledgment and Part-payment — Legal Disability — Provisions of the Limitation Act, 1963 (Excluding Schedule)
PAPER-II: CRIMINAL PROCEDURE CODE, LAW OF JUVENILE JUSTICE
AND PROBATION OF OFFENDERS
Unit-I : The Code of Criminal Procedure, 1973 : The rationale of Criminal Procedure — The importance of fair trial — Constitutional Perspectives : Articles 14, 20 & 21 — The organization of Police, Prosecutor and Defence Counsel — Pre-trial Process — Arrest — Distinction between “cognizable” and “non-cognizable” offences — Steps to ensure presence of accused at trial — Warrant and Summons cases — Arrest with and without Warrant — The absconder status — Rights of arrested persons under Cr.P.C. and Article 22 (2) of the Constitution of India.
Unit-II: Search and Seizure — Search with and without warrant — Police search during investigation — General Principles of Search — Seizure — Constitutional aspects of validity of Search and Seizure proceedings.
Unit-III : Trial Process: Commencement of Proceedings — Dismissal of Complaint — Bail, Bailable and Non-bailable Offences — Cancellation of Bails — Anticipatory Bail — General Principles concerning Bail Bond — Preliminary pleas to bar trial — Jurisdiction — Time Limitations — Pleas of Autrefois Acquit and Autrefois Convict — Fair Trial — Concept of fair trial — Presumption of innocence — Venue of trial —Jurisdiction of Criminal Courts — Rights of accused — Constitutional Interpretation of Article 21 as a right to speedy trial — Charge — Form and content of Charge — Trial before a Court of Session : Procedural steps and substantive rights.
Unit-IV: Judgment: Form and content — Summary trial — Post-conviction orders in lieu of punishment — Modes of providing judgment copy — appeals, review and revisions.
Unit-V: Probation and Parole: Authority granting Parole — Supervision — Conditional release — suspension of sentence — Procedure under Probation of Offenders Act, 1958 — Salient features of the Act. Juvenile Justice System — Juvenile Justice (Care and Protection of Children) Act of 2000 — Procedure under Juvenile Justice…Act — Treatment and Rehabilitation of Juveniles —— Protection of Juvenile Offenders — Legislative and Judicial
PAPER-III: LAW OF BANKING AND NEGOTIABLE INSTRUMENTS
Unit-I: History of the Banking Regulation Act — Salient features — Banking Business — and its importance in modern times.
Unit-II: Relationship between Banker and Customer — Debtor and Creditor Relationship — Fiduciary Relationship — Trustee and Beneficiary — Principal and Agent — Bailer and Bailee — Guarantor, etc.
Unit-III: Cheques — Crossed Cheques — Account Payee — Banker’s Drafts — Dividend warrants — Postal order and money orders — Travelers cheques and circular notes— Negotiable instruments and deemed negotiable instruments — Salient features of Negotiable Instruments Act.
Unit-IV: The Paying Banker — Statutory protection to Bankers — Forgeries—Collecting Banker – Statutory protection.
Unit-V: Banker’s lien and set off. Advances – Pledge – Land – Stocks – Shares – Life Policies – Document of title to Goods – Bank Guarantees – Letters of credit.
PAPER-IV: ALTERNATE DISPUTE RESOLUTION
The written examination of this paper will be for 50 marks and the remaining 50 marks for record and viva voce. There shall be classroom instruction on the following topics:
Unit-I: Alternate Dispute Resolution — Characteristics — Advantages and Disadvantages——Unilateral — Bilateral — Triadic (Third Party) Intervention — Techniques and processes — Negotiation — Conciliation —Arbitration — Distinction between Arbitration, Conciliation and Negotiation.
Unit-II: The Arbitration
and Conciliation Act, 1996 — Historical Background and Objectives of the Act — Definitions of Arbitration, Arbitrator, Arbitration Agreement — Appointment of Arbitrator — Termination of Arbitrator — Proceedings in Arbitral Tribunal — Termination of Proceedings — Arbitral Award — Setting aside of Arbitral Award — Finality and Enforcement of Award — Appeals – Enforcement of Foreign Awards. Conciliation – Appointment of Conciliators – Powers and Functions of Conciliator — Procedure – Settlement of disputes through conciliation.
Unit-III: Other Alternative Dispute Resolution Systems —Tribunals — Lokpal and Lokayukta — Lok Adalats — Family Courts. Section 89 and Order X, Rules 1A, 1B and 1C of Civil Procedure Code.
Practical Exercises (30 marks)
(a) The students are required to participate in 5 (five) simulation proceedings relating to Arbitration, Conciliation, Mediation and Negotiation. Participation in each such simulation proceeding shall be evaluated for a maximum of 4 (four) marks (Total 5×4=20marks).
(b) Students are required to attend and observe the proceedings of Lok Adalats, Family Courts, Tribunals and other ADR Systems. Each student shall record the above observations in the diary which will be assessed. Record submitted by the student shall be evaluated for 10 marks by the teacher concerned. The Records of the students duly certified by the University Representative appointed by the Controller of Examinations in consultation with the Chairman, BOS in Law shall be submitted to the University before the commencement of the theory examinations
Viva- voce (20marks): There shall be viva-voce examination on the above components. The Viva-voce Board consisting of (i) Principal of the College/the teacher concerned (ii) University Representative appointed by the Controller of Examinations in consultation with the Chairman, BOS in Law, and (iii) an advocate with 10 years experience at the Bar shall evaluate the student in the Viva. The proceedings of the viva-voce shall be recorded.
Note: Attendance of the students in all the four components of the paper (written examination, participation in simulation proceedings, submission of record and attendance in viva) shall be compulsory.
PAPER-V: PROFESSIONAL ETHICS AND PROFESSIONAL
The written examination of this paper will be for 50 marks and the remaining 50 marks for record and viva voce. There shall be classroom instruction on the following topics:
Unit-I: Development of Legal Profession in India — Advocates Act, 1961 — Right to Practice — a right or privilege? — Constitutional guarantee under Article 19(1) (g) and its scope — Enrolment and Practice — Regulation governing enrolment and practice — Practice of Law — Solicitors firm — Elements of Advocacy.
Unit-II : Seven lamps of advocacy — Advocates duties towards public, clients, court, and other advocates and legal aid ; Bar Council Code of Ethics.
Unit-III: Disciplinary proceedings — Professional misconduct — Disqualifications — Functions of Bar Council of India/State Bar Councils in dealing with the disciplinary proceedings —Disciplinary Committees — Powers and functions – Disqualification and removal from rolls.
Unit-IV: Accountancy for Lawyers — Nature and functions of accounting — Important
branches of accounting — Accounting and Law — Bar-Bench Relations.
Record (30 marks): Each student shall write 50 selected opinions of the
Disciplinary Committees of Bar Councils and 10 major judgments of the
Supreme Court of India in the Record. The Record shall be evaluated for 30
marks by the teacher concerned. The Records of the students duly certified by
the University Representative appointed by the Controller of Examinations in
consultation with the Chairman, BOS in Law shall be submitted to the
University before the commencement of the theory examinations.
Viva- voce (20marks): There shall be viva-voce examination on the above components. The Viva-voce Board consisting of (i) Principal of the College/the teacher concerned (ii) University Representative appointed by the Controller of Examinations in consultation with the Chairman, BOS in Law, and (iii) an advocate with 10 years experience at the Bar shall evaluate the student in the Viva. The proceedings of the viva-voce shall be recorded.
Note: All the three components of the paper (written examination, submission of record and attendance in viva) shall be compulsory.
PAPER-I: LAW OF TAXATION
Unit-I : Constitutional basis of power of taxation — Article 265 of Constitution of India — Basic concept of Income Tax — Outlines of Income Tax Law — Definition of Income and Agricultural Income under Income Tax Act — Residential Status — Previous Year — Assessment Year — Computation of Income.
Unit-II: Heads of Income and Computation — Income from Salary, Income from House Property. Profits and Gains of Business or Profession, Capital Gains and Income from other sources.
Unit-III: Law and Procedure — P.A.N. — Filing of Returns — Payment of Advance Tax — Deduction of Tax at Source (TDS) — Double Tax Relief — Law and Procedure for Assessment, Penalties, Prosecution, Appeals and Grievances — Authorities.
Unit-IV : Wealth Tax — Charge of Wealth Tax — Persons liable to Wealth Tax — Persons exempted from Wealth Tax — Assessment — Deemed Assessment — Debts — Assessment year — Previous Year — Valuation Date — Rate of Wealth Tax — Wealth Tax Procedure — Filing of Returns — Statement of net wealth, Computation of Wealth Tax, Valuation rules for immovable property, Business Assets, Jewelry.
Unit-V: Sales Tax & Value Added Tax — Relevant important provisions of A.P. General Sales Tax and VAT laws – Assessment — Procedure -Practice of Sales Tax and VAT – Authorities – Powers and Jurisdiction.
PAPER-II: INFORMATION TECHNOLOGY LAW
Concept of Information Technology and Cyber Space- Interface of Technology and Law -Jurisdiction in Cyber Space and Jurisdiction in traditional sense – Internet Jurisdiction – Indian Context of Jurisdiction – Enforcement agencies – International position of Internet Jurisdiction – Cases in Cyber Jurisdiction
Information Technology Act, 2000 – Aims and Objects — Overview of the Act – Jurisdiction – Electronic Governance – Legal Recognition of Electronic Records and Electronic Evidence – Digital Signature Certificates – Securing Electronic records and secure digital signatures – Duties of Subscribers – Role of Certifying Authorities – Regulators under the Act – The Cyber Regulations Appellate Tribunal – Internet Service Providers and their Liability – Powers of Police under the Act – Impact of the Act on other Laws .
E-Commerce – UNCITRAL Model – Legal aspects of E-Commerce – Digital Signatures – Technical and Legal issues – E-Commerce, Trends and Prospects – E-taxation, E-banking, online publishing and online credit card payment – Employment Contracts – Contractor Agreements, Sales, Re-Seller and Distributor Agreements, Non-Disclosure Agreements- Shrink Wrap Contract ,Source Code, Escrow Agreements etc
Cyber Law and IPRs-Understanding Copy Right in Information Technology – Software – Copyrights vs Patents debate – Authorship and Assignment Issues – Copyright in Internet – Multimedia and Copyright issues – Software Piracy –Patents – Understanding Patents – European Position on Computer related Patents – Legal position of U.S. on Computer related Patents – Indian Position on Computer related Patents –Trademarks – Trademarks in Internet – Domain name registration – Domain Name Disputes & WIPO -Databases in Information Technology – Protection of databases – Position in USA,EU and India
Cyber Crimes – Meaning of Cyber Crimes – Different Kinds of Cyber crimes – Cyber crimes under IPC, Cr.P.C and Indian Evidence Law – Cyber crimes under the Information Technology Act,2000 – Cyber crimes under International Law – Hacking Child Pornography, Cyber Stalking, Denial of service Attack, Virus Dissemination, Software Piracy,Internet Relay Chat (IRC) Crime, Credit Card Fraud, Net Extortion, Phishing etc – Cyber Terrorism – Violation of Privacy on Internet – Data Protection and Privacy
PAPER-III OPTIONAL (Any one of the following subjects)
LAW RELATING TO WOMEN
Unit-I : Historical background and status of women in ancient India — Constitutional Provisions and gender justice — Relevant provisions relating to women in Directive Principles of State Policy and Fundamental Duties etc. under the Indian Constitution.
Unit-II: Laws relating to marriage, divorce and succession and maintenance under the relevant personal laws with special emphasis on women — Special Marriage Act — Maintenance under Cr. P.C.
Unit-III : Special provisions relating to women under the Indian Evidence Act, 1872 — Offences against women under Indian Penal Code – outraging the modesty of women -sexual harassment – rape – bigamy – mock and fraudulent marriages – adultery – causing miscarriage – insulting women etc.
Unit-IV: Socio-Legal position of women and the law — Dowry Prohibition Act, 1961, Medical Termination of Pregnancy Act — Law relating to the Pre Natal Diagnostic Techniques (Regulation and Prevention of Misuse) and Sex selection — Immoral Traffic (Prevention) Act — Law relating to domestic violence.
Unit-V : Relevant provisions relating to women under Maternity Benefit Act, 1961, Factories Act and other Labour & Industrial Laws — Position of Women under International instruments — Salient features of Convention for Elimination of all forms of Discrimination Against Women (CEDAW) — International Covenant on Civil and Political Rights — International Covenant on Social, Cultural and Economic Rights.
(B) HUMAN RIGHTS LAW
Meaning and definition of Human Rights – Evolution of Human Rights – Human Rights and Domestic Jurisdiction
Adoption of Human Rights by the UN Charter – U.N.Commission on Human Rights – Universal Declaration of Human Rights – International Covenants on Human Rights( Civil and Political; Economic, Social and Cultural).
Regional Conventions on Human Rights – European Convention on Human Rights – American Convention on Human Rights – African Charter on Human Rights(Banjul).
International Conventions on Human Rights – Genocide Convention, Convention against Torture, CEDAW, Child Rights Convention, Convention on Statelessness, Convention against Slavery, Convention on Refugees – International Conference on Human Rights(1968) – World Conference on Human Rights(1993).
Human Rights Protection in India – Human Rights Commissions – Protection of Human Rights Act – National Human Rights Commission (NHRC) – State Human Rights Commissions – Human Right Courts in Districts.
PAPER-IV: DRAFTING, PLEADINGS AND CONVEYANCING
Class-room instruction and simulation exercises on the following items shall be extended.
Drafting: General Principles of Drafting and relevant Substantive Rules shall be taught.
Pleadings: (i) Civil—Plaint, Written Statement, Interlocutory Application, Original Petition, Affidavit, Execution Petition, Memorandum of Appeal and Revision.
(ii) Petition under Article 226 and 32 of the Constitution of India – Drafting of Writ Petition and PIL Petition.
(iii) Criminal— Complaint, Criminal Miscellaneous Petition, Bail Application, Memorandum of Appeal and Revision.
Conveyancing: Sale Deed, Mortgage Deed, Lease Deed, Gift Deed, Promissory Note, Power of Attorney, Will, Trust Deed
Apart from teaching the relevant law, the course includes not less than 15 (fifteen) practical exercises in drafting of pleadings carrying a total of 45 marks (3 marks for each) and 15 (fifteen) exercises in conveyancing carrying another 45 marks (3 marks for each exercise) and remaining 10 marks for viva-voce.
These 30 exercises shall be recorded. Each student shall be served with different problems for the purpose of exercise. These exercises shall be assessed and marks may be allotted.
These exercises shall be evaluated by a common committee consisting of (i) Principal of the College/the concerned teacher (ii) University Representative appointed by the Controller of Examinations in consultation with the Chairman, Board of Studies in Law, O.U.; and (iii) an Advocate with 10 years experience at the Bar. The same committee will also conduct viva-voce on the above concepts. The proceedings of the viva-voce shall be recorded.
1. Attendance of the students for viva-voce shall be compulsory.
2. The above records certified by the University Representative appointed by the Controller of Examinations in consultation with the Chairman, BOS in Law shall be submitted to the University for Further Verification
PAPER-V: MOOT COURTS, OBSERVATION OF TRIAL, PRE-TRIAL
PREPARATIONS AND INTERNSHIP
This paper has three components of 30 marks each and viva-voce for 10 marks.
(A) Moot Court (30 marks): Every student is required to participate in at least three moot courts in the X Semester with 10 marks for each. The moot court work will be on an assigned problem and it will be evaluated for 5 marks for written submissions and 5 marks for oral advocacy.
Marks will be given on the basis of written submission and oral advocacy. Written submissions shall include brief summary of facts, issues involved, provisions of laws and arguments, citation, prayer, etc. Marks for oral advocacy may be awarded for communication skills, presentations, language, provisions of law; authorities quoted, court manners, etc. Written Memorials submitted by the students shall be kept by the College for Further Verification.
The performance of student in the moot court shall be evaluated by a committee consisting of (i) Principal of the College (ii) an Advocate with 10 years experience at the Bar; and (iii) the teacher concerned.
(B) Observance of Trial in two cases, one Civil and one Criminal (30 marks):
Students are required to attend courts to observe at least one civil and one criminal case. They shall maintain a record and enter the various steps observed during their attendance on different days in the court assignment. The Court Observation Record submitted by the students should be evaluated by a committee consisting of (i) Principal of the College/the concerned teacher (ii) University Representative appointed by the Controller of Examinations in consultation with the Chairman, Board of Studies in Law, O.U.; and (iii) an Advocate with 10 years experience at the Bar and average be taken. Court attendance shall be compulsory and attendance has to be recorded in a register kept therefor. This may be carried under the supervision of a teacher of the college. This scheme will carry 30 marks.
(C) Interviewing Techniques and Pre-Trial Preparations and Internship Diary
Each student should observe two ‘interview sessions’ of clients either in the Lawyer’s Office or in the Legal Aid Office and record the proceedings in a diary, which will carry 15 marks.
Each student has to further observe the preparation of documents and court papers by the Advocate and the procedure for the filing of the suit / petition. This shall be recorded in the diary which will carry 15 marks.
The diary shall clearly indicate the dates on which the above observations are made and they shall be authenticated by the advocate concerned.
Evaluation of the above diary shall be made by the committee consisting of (i) Principal of the College/the concerned teacher (ii) University Representative appointed by the Controller of Examinations in consultation with the Chairman, Board of Studies in Law, O.U.; and (iii) an Advocate with 10 years experience at the Bar and average be taken.
(D)Viva-voce (10 marks): There shall be viva-voce examination on all the above three components. The Viva-voce Board consisting of (i) Principal of the College/the concerned teacher (ii) University Representative appointed by the Controller of Examinations in consultation with the Chairman, BOS in Law; and (iii)an advocate with 10 years experience at the Bar shall evaluate the student in the Viva. The proceedings of the viva-voce shall be recorded.
1. Attendance of the students in all the four components of the paper shall be compulsory.
2. The above records, diary certified by the University Representative appointed by the Controller of Examinations in consultation with the Chairman, BOS in Law shall be submitted to the University for Further Verification.