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SYLLABUS

B.A. LL.B./B.B.A. LL.B. (FIDC)


(Five Year Course in Law)
Semester System Examination in Law
(VII Semester to X Semester)
(2017-18 to 2018-19)

JAI NARAIN VYAS UNIVERSITY


JODHPUR

1
I M PO R T A N T
Wi th a vi ew to bri ng about greater reli abi li ty, vali di ty and obj ecti vi ty i n
the exam i nati on system and also for closer i ntegrati on of teachi ng,
learni ng and evaluati on.
(i ) T he syllabus has been di vi ded i nto uni ts. Questi ons wi ll be set from
each uni t wi th provi si on for i nternal choi ce.

(i i ) In order to ensure that students do not leave out i m portant porti on


of the syllabus, exam i ners shall be free to repeat the questi ons set
i n the previ ous exam i nati ons.
[ Ref. Resol uti on N o. 21 (c) of Academi c C ounci l dated 9-2-84]

T he exam i nees be perm i tted to use thei r personal transi stori sed pocket
battery operated calculators i n the exam i nati ons. T he calculator to be
used by the candi dates i n the exam i nati ons should not have m ore than
12 di gi ts, 6 functi ons and 2 m em ori es and should be noi seless and
cordless. A calculator belongi ng to one candi date shall not be allowed
to be used by another candi date. T he Superi ntendent of the centre wi ll
have com plete di screti on to di sallow the use of a calculator whi ch does
not conform to the above speci fi cati on.
[ Ref. Res. N o. 6/90 of Academi c C ounci l dated 20th Jul y, 1990]

In Engi neeri ng and any other exam i nati ons where the use of calculators
i s already perm i tted, i t shall rem ai n undi sturbed.

NOT I FI CAT I ON
In compliance of decision of the Hon'ble High Cour t all students are
required to fulfil 75% attendance rule in each subject and there
must be 75% attendance of the student before he/she could be
permitted to appear in the examination.

REGIST RAR
(Academ i c)

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FACULTY OF LAW
LIST OF TEACHING STAFF

S.No. Name Designation Qualification

1. Prof. (Miss) Chandan Bala Professor LL.M., Ph.D.


2. Prof. V.K. Sharma Professor LL.M., Ph.D.
3. Dr. Sunil Asopa Associate Professor LL.M., Ph.D.
4. Dr. V.K. Bagoria Assistant Professor LL.M., Ph.D.
5. Dr. S.P. Meena Assistant Professor LL.M., DCLL, Ph.D.
6. Dr. Nidhi Sandal Assistant Professor LL.M., Ph.D.
7. Dr. Dalpat Singh Assistant Professor LL.M., DCLL, Ph.D.
8. Dr. P.K. Musha Assistant Professor LL.M., Ph.D.
9. Dr. Kuchata Ram Assistant Professor LL.M., Ph.D.
10. Dr. Vinod Kumar Meena Assistant Professor LL.M., Ph.D.

3
Format of Question Paper
(From Examination 2017-2018 & 2018-2019)
B.A.LL.B. and B.B.A. LL.B. - VII, VIII, IX & X Semester
Durations 3 Hours Max. Marks : 50

Section-A
Two questions from each Unit.
10 very small question. Each question carry 1 mark. Answer of each question shall be limited
upto 30 words.

a
b
c
d
e
f
g
h
i
j

Section-B

10 Question (Two questions from each Unit) Students will answer one question from each
Unit. Each question will carry 3.5 marks. Answer of each question shall be limited upto 250
words.

Unit – 1
1 Question A or B
Unit – 2
2 Question A or B
Unit – 3
3 Question A or B
Unit – 4
4 Question A or B
Unit – 5
5 Question A or B

Section-C
This section will include 05 questions (one question from each unit). Student will answer
any 03 questions. Each question will carry 7.5 marks. Answer of each question shall be
limited upto 500 words.

1 One Question from Unit 1


2 One Question from Unit 2
3 One Question from Unit 3
4 One Question from Unit 4
5 One Question from Unit 5

_________________

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Note: - Total Marks for Each Paper will be as under :-
Theory Marks Term Test Marks Project / Moot Total
Court Marks Marks
50 30 20 100

L Stands for Lecture of 55 minutes


T Stands for Tutorials
P Stands for Project
For a pass, a candidate must obtain :
(a) 40 percent marks in each written, paper, i,e 20 out of 50 and in
(b) 50 percent marks in aggregate in all the subjects. practical/viva voce 40% in aggregate in
the paper and.

(A) Introduction: Faculty of Law, Jai Narain Vyas University is a mission driven institution.
It is among the oldest Law School of North India. Since, its inception as an erstwhile Jaswant
Law Centre, it has produced a galaxy of Legal Luminaries including Judges of Supreme
Court, High Court, diplomats, eminent politicians and legislators together with top
beaurocrates in the Country.

Jai Narin Vyas University has already been accredited with 'B' grade status by (UGC)
NAAC. Banking upon its history of quality research along with long and excellent teaching
experience, it is going to introduce new five year integrated law course from the academic
year 2011-2012 to prepare new generation of Law students who can successfully meet the
challenges thrown by fast changing social cultural and legal milieu in a unipolar globalized
world.

Apart from producing successful lawyers and legal researchers, it is dedicated to nurturing
students in to leadership inculcating in them the intellectual and ethical values that will
mould them into socially responsible professionals, proficient in the dynamic domain of Law.
Legal education is increasingly becoming multidimensional as it requires not only procedural
skill but deep understanding in various epistemologies. For this integrated degree courses
like law and management or Law and Social Sciences or Law and Natural Science are
becoming popular and assuming much importance in the corporate world. Legal skills are
now mixed with management or scientific analytical skills to advance the rational judicial
system, with this backdrop, the new curriculum of five year integrated courses in Law is
based upon these paradigms.

This course will run on Self-Finance Basis.

(B) General Instructions for the Five Year BA LL.B. & BBA LL.B. (Professional)

Degree in the Faculty of Law: Whereas the Bar Council of India in exercise of its powers
under section 7(b) and (i), 24 & 49(i) of the Advocates Act, 1961 and all other powers
enabling it to lay down standards of legal education in the country for the purpose of

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admission to the Bar, has originally prepared a new scheme for legal education in 1981-82
and has updated/revised it from time to time and directed the universities to implement the
same in consonance with the rules framed, and whereas the JN Vyas University which
already implemented the scheme in 1983-84 and continued it up to 1991 & then closed it for
some extraneous considerations. It has again decided to reintroduce the scheme with
modifications / alterations in consonance with the rules and regulations framed for the
purpose by BCI.

The Degree of Bachelor of Law: There shall be a Five Year Course of the degree of BA
LL.B. & BBA LL.B. (Professional) in the JN Vyas University, Jodhpur. The University shall
confer the Degree of BA LL.B./BBA LL.B. (Professional) on such candidates who, being
eligible for admission to the five year LL.B. Degree Course, have received regular
instructions in the prescribed course of study, under gone required practical training, passed
all the prescribed examinations and have fulfilled such other conditions as are laid down
under the relevant Act, statutes and Regulations of the University from time to time.

The Five year course for the Degree of BA. LL.B. & BBA LL.B. (Professional) on Semester
basis shall be introduced w.e.f. the Academic Session 2011-2012.

Explanation: A regular course of study includes the prescribed percentage of attendance by


the candidates in the lectures, tutorials, moot courts and practical training and also study in
the library, contact with the teachers as may be prescribed from time to time by the Dean,
Faculty of Law.

Admission can not be claimed by any candidate as a matter of right. The Dean may refuse
admission to any candidate on moral grounds. The admission of a student is liable to be
cancelled if he/she at any time violates the provisions of the University Act, Statutes,
Regulations, Rules or Orders of the Faculty and the University or if he/she is found to have
been convicted of a crime or involved in any criminal activity or if it is discovered that
he/she has furnished wrong information or false documents for the purpose of his/her
admission.

Admission Requirement
Eligibility and Admission (a) A candidate who has passed 10+2 qualifying examination
with 50% marks or more may opt either B.A. LL.B. Course or BBA LL.B. Courses. In both
the streams in the First Four Semesters there shall be some core courses and optional courses.
Candidates of both the streams i.e. B.A. LL.B. or BBA LL.B. are required to clear common
papers in addition to their optional papers. After passing the first Four Semesters of LL.B.
Examination from 5th Semester of LL.B. onwards, the main regular Law papers as
prescribed by the Bar Council of India shall be taught.

(b) That in the case of candidates belonging to scheduled castes or scheduled tribes a
relaxation up to 5 percent in marks in qualifying examination shall be given. The candidates
who have passed in supplementary of the qualifying examination shall not be eligible for
admission. Admission shall be made on the basis of merit and in the manner prescribed by
the University.

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Fees: Candidates on being provisionally admitted to the First Semester of Five Year BA
LL.B. & BBA LL.B. Degree Course, shall pay a total annual fee of Rs. 38000/- (Tuition
Rs. 28000, Admission Rs. 4,000, Library Rs. 4,000 and caution money Rs. 2000, total
Rs. 46990) excluding university fee & Examination Fee.
Number of Students to be admitted: Initially 60 students shall be given admission in the
First Semester in each stream i.e. B.A. LL.B. & BBA LL.B. of 5 year integrated course in
law i.e. total 120 students shall be given admission.

Attendance: In compliance of decision of the Hon'ble High Court all students are required to
fulfill 75% attendance rule in each subject and there must be 75% attendance of a student
before he/she could be permitted to appear in the examination.

Medium of Instruction and Examination: The medium of instruction and scheme of


examination shall be English.

Scheme of Examination: Each paper shall be of 100 marks; however the scheme of
examination for 100 marks is divided as under

(a) There shall be two terminal tests 15 marks are for each test i.e. 15x2 = 30 Marks.

(b) A project report/ moot court on important topic of Law / social sciences and management
discipline will be submitted and presented by each student on a date fixed by the Dean
Faculty of Law in consultation with Director/Course Coordinator.

Marks allotted for Project Report / Moot Courts 20

(c) Marks allotted for final written examination at the end of the semester are 50.

Total Marks 30+20+50=100 Marks.

A Candidate has to secure 40% marks in theory paper i.e. 20 out of 50 and 40% in aggregate
in each paper to clear that paper.

A candidate who has secured minimum 40% marks in aggregate in each paper and 50% in
aggregate of all the subjects will be declared passed.

Division- The Division shall be awarded to a successful candidate on the basis of marks of
all the examinations in respect of all the Semesters and will be given second division and
who has secured 60% and more marks will be given first division.

Course Design
A candidate for the Degree of Bachelor of Law (Professional) shall undertake the following
course for which the syllabus in detail is as under :
The Course is divided for students opting either B.A. LL.B. or BBA LL.B, however both
categories of students are required to study certain common compulsory subjects with their
optional subjects in the Semester of Five Year LL.B. Courses.

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The Five Year Degree Course of B.A. LL.B. / BBA LL.B. will consist of Ten Semesters.
One academic session of one year will be divided into two Semesters. Candidates shall be
admitted to B.A. LL.B. or BBA LL.B. in First Semester only and thereafter required to
qualify all Ten Semesters, consequently to earn the degree of B.A. LL.B. or BBA LL.B.
After admission in Semester I, candidate shall be admitted to the next Semester only after
having qualified the present Semester as per the criteria laid down in the scheme of
examinations.

Note: (1) Students will be required to take admission in all respective Semesters by applying
in the prescribed admission form of the University. (2) Each student will be required to
submit the examination form in each Semester along with the examination fee as prescribed.
(3) Semester examinations will be held in the month of December and May every year.

The Promotion: A candidate will be promoted in the next semester if he/she fails in only
three papers in the examination of the semester.

Such candidates may be permitted to make-up the deficiency at subsequent but regular and
scheduled programmes / examinations only. Subsequent examinations of the respective
semesters will be treated as main examination. There shall be no make-up or special
examination for making up such deficiency.

Also a candidates appearing at an examination to make up the deficiency shall have to appear
at such examination based on the Course of Studies in force at the time, unless the paper
itself no longer forms the part of the course of the studies. In such eventuality the course of
the study soon before the deletion shall be deemed to be relevant. However, the department
shall have no responsibility to organize and impart teaching in the paper in which the
candidate has deficiency.

Those candidates who appeared at the subsequent examination for clearing the deficiency
shall be awarded actual marks obtained.

The candidate who fails at main written examination and re-appears as ex-student shall not
be required to clear the three written tests / Project Report / Moot Courts / Practical Training/
Legal Aid Camps respectively. If he/she was already completed the above referred
requirements and passed.

In such cases the marks obtained in the previous examination shall be carried forward.

The candidates will be promoted to the next Semester even if he/she is not able to get pass
marks in three papers of each Semester. The Maximum number of deficiencies (backlog)
shall never be more than fourteen papers during whole course i.e. 10 Semesters.

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A candidate failing to pass any of the Semester Examination will be exempted to reappear in
that specific paper in which he/she has obtained 60% or more. The consolidated mark sheet
of B.A. LL.B. or BBA LL.B. will be issued and the degree will be awarded only after
completing all the requirements i.e. passing in aggregate in all the main written examinations
of all the Ten Semester, and passing the three written tests in each Semester along with
Project Report / Moot Courts / Practical Training / Legal Aid Camps respectively. Thus to
clear a semester a candidate is required to get minimum 50% marks in aggregate inclusive of
marks obtained in the three written tests, Project Report / Moot Courts / Practical Training /
Legal Aid Camps respectively. However a minimum of 40% marks is required in each
individual subject.

Note 1: For grace-marks and revaluation the rules and regulations declared by the University
from time to time will be applicable.

Note 2: All candidates will have to complete all the requirements of the B.A. LL.B./BBA
LL.B. within 10 Semesters.

B.A. LL.B. or BBA LL.B. degree will be awarded out of 6800 marks
B.A. LL.B. / B.B.A. LL.B. Semester I 800 Marks
B.A. LL.B. / B.B.A. LL.B. Semester II 800 Marks
B.A. LL.B. / B.B.A. LL.B. Semester III 800 Marks
B.A. LL.B. / B.B.A. LL.B. Semester IV 800 Marks
B.A. LL.B. / B.B.A. LL.B. Semester V 600 Marks
B.A. LL.B. / B.B.A. LL.B. Semester VI 600 Marks
B.A. LL.B. / B.B.A. LL.B. Semester VII 600 Marks
B.A. LL.B. / B.B.A. LL.B. Semester VIII 600 Marks
B.A. LL.B. / B.B.A. LL.B. Semester XI 600 Marks
B.A. LL.B. / B.B.A. LL.B. Semester X 600 Marks

Total 6800 Marks

COURSE CONTENTS
For VII-Semester to X-Semester
(A) Scheme of Examination: Each paper shall be of 100 marks, however the scheme of
examination for 100 marks is divided as under :

(i) There shall be two terminal tests of 15 marks each (15x2=30).


(ii) Every student is required to participate in Moot Court in all semester. For
participation in each Moot Court will be of 20 marks.
The break up of marks for award out of 20 marks shall be as follows : 12
marks for presentation, 4 marks for written submission and 4 marks for
general etiquettes and dress code (12+4+4 = 20 marks).

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(iii) The cases for Moot Courts shall be selected either from the leading cases
prescribed in each paper or any case or cases suggested by the concerned
teacher of the concerned subject.

In Semester 5.7 (Seventh Semester)

In place of Moot Court, the students will submit Projects in 5.7.4 (A) Law of
Taxation (Income Tax) and Money Laundering Act OR 5.7.4 (B) Criminology,
Penology & Victimology and 5.7.6 Professional Ethics, which will be of 20
marks. In rest of the subjects they will have to appear in Moot Court which will
be of 20 marks.

In Semester 5.8 (Eighth Semester)

In place of Moot Court, students will submit Projects in 5.8.6 Principles of


Legislation, which will be of 20 marks. In rest of the Papers, they will have to
appear in Moot Court which will be of 20 marks.

In Semester 5.9 (Ninth Semester)

In place of Moot Court, the students will submit Projects in Paper 5.9.3.
Environmental Protection and Law, 5.9.4. Arbitration and 5.9.5 Drafting,
Pleading and Conveyancing.

In Paper 5.9.5 Drafting, Pleading & Conveyancing Project marks will be of 10


marks only and 10 marks will remain reserved for Court Visit.

In Semester 5.10 (Tenth Semester)

In place of Moot Court, the students will submit Project in paper 5.10.3 Trade
Law including International Trade Laws, 5.10.4 Law Relating to Child, Women
and Gender Justice and 5.10.5 Banking Law Laws. In rest of the papers, they will
have to appear in Moot Courts.

In Paper 5.10.3 Trade Law including International Trade Laws project will be of
10 marks only and 10 marks will remain reserved for Court Visit.

There shall be Court Visit and Training under a Lawyer for IX & X Semesters
students. The students have to get training in court report it in their diary. This
will be of 10 marks.

10
(B) Marks allotted for final written theory examination at the end of academic session
are 50.
Note: - Total Marks for Each Paper will be as under :-
Theory Marks Term Test Marks Project / Moot Total
Court Marks Marks
50 30 20 100

(C) Course Design : A student of VII, VIII, IX and X Semester of LL.B. 5 Year Course
(Professional) shall undertake the following subjects for which the syllabus in detail
is as under :-
B.A. LL.B./B.B.A. LL.B. - Semester – VII

Course Subjects Maximum Examination Period Per T/P


Code Marks Hours Week Per Week
5.7.1 Family Law II (Mohammedan Law) 100 3 4 1
5.7.2 Company Law 100 3 4 1
5.7.3 Labour & Industrial Law 100 3 4 1
5.7.4 (A) Law of Taxation (Income Tax) and Money Laundering Act
OR
100 3 4 1
OR Criminology, Penology & Victimology
5.7.4 (B)
5.7.5 Law relating to Intellectual Property 100 3 4 1
5.7.6 Professional Ethics Advocacy for Lawyers and Bar –Bench 100 3 4 1
Relations, Public Interest Lawering, Legal Aid and Para Legal
Services

B.A. LL.B./B.B.A. LL.B. - Semester – VIII

Course Subjects Maximum Examination Period Per T/P


Code Marks Hours Week Per Week
5.8.1 Family Law II (Mohammedan Law) 100 3 4 1
5.8.2 Company Law and Negotiable Instrument Act 100 3 4 1
5.8.3 Labour & Industrial Law 100 3 4 1
5.8.4 Law relating to Intellectual Property 100 3 4 1
5.8.5 Cyber Law, Information Technology Act and Space Law 100 3 4 1
5.8.6 Principles of Legislation and Interpretation of Statues 100 3 4 1

B.A. LL.B./B.B.A. LL.B. - Semester – IX

Course Subjects Maximum Examination Period Per T/P


Code Marks Hours Week Per Week
5.9.1 Law of Property 100 3 4 1
5.9.2 Civil Procedure Code 100 3 4 1
5.9.3 Environment Protection and Law 100 3 4 1
5.9.4 Arbitration, Conciliation and Alternative Mechanism and
100 3 4 1
Competition Act
5.9.5 Drafting, Pleading and Conveyancing 100 3 4 1
5.9.6 Land Laws 100 3 4 1

B.A. LL.B./B.B.A. LL.B. - Semester – X

Course Subjects Maximum Examination Period Per T/P


Code Marks Hours Week Per Week
5.10.1 Property Law and Easement 100 3 4 1
5.10.2 Civil Procedure Code and Law of Limitation 100 3 4 1
5.10.3 Trade Law Including International Trade Laws 100 3 4 1
5.10.4 Law relating to Child, Women and Gender Justice 100 3 4 1
5.10.5 Banking Laws 100 3 4 1
5.10.6 Land Laws including Land Acquisition Act 100 3 4 1

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B.A. LL.B./B.B.A. LL.B. Five Year VII Semester
5.7.1 FAMILY LAW II (MOHAMMEDAN LAW)

Note : - (i) The syllabus has been divided into three parts. Part-A shall contain 10 question (one question
from each Unit) of 1 mark each Answer of each question shall be limited upto 30 words. Part-B shall contain
10 question (two question from each Unit with internal choice) students will have to attempt 5 questions each
question will carry 3.5 marks. Answer of each question shall be limited upto 250 words. Part-C shall contain 5
questions, 1 from each unit; students will have to attempt any three questions from this part. Each question
shall carry 7.5 marks. Answer of each question shall be limited upto 500 words.
(ii) In order to ensure that students do not leave out important portions of the syllabus, examiners shall be free
to repeat the questions set in the previous examination.

Unit 1: Origin, Development, Sources, Schools, Application, Interpretation and


Conversion Marriage: Nature of marriage, Essentials of marriage ,Khyar-ul-
bulug, Iddat, Khilwat-us-sahi,

Unit 2: Matrimonial Stipulations, Kinds of marriage and effects of marriage Mehar :


Meaning and nature of Mehar (dower), kinds, objects and subject matter of
dower, wife's rights on non-payment of Mehar.

Unit 3 : Guardianship Appointment of guardian, Kinds of guardianship Dissolution of


marriage : Talaq, Ila, Zihar, Talaqe-tafweez, Mubarat, Khula, Lian, Faskh,
Section 2 of the Dissolution of Muslim Marriage Act, 1939; Legal effects of
divorce.

Unit 4 : Pre-emption : Meaning and nature of Haq Shufa (Preemption), classification of


pre-emption, Right of pre-emption when conflict of law, subject matter and
formalities of pre-emption, Legal effect of pre-emption, Devices for evading pre-
emption

Unit5 Legal effect of pre-emption, Devices for evading pre-emption, Gift : Meaning of
gift (Hiba), Requisites of gift, Gift of Musha, conditional and future gift, Life
Interest Hiba-bil ewaj, Hiba-shart-ul-ewaj

BOOKS RECOMMENDED
Faize : Mohammedan Law
Mulla: Principles of Mohammedan Law
Verma, B.R. : Islamic Law
Aquil Ahmed : Mohammedan Law

12
5.7.2 COMPANY LAW AND NEGOTIABLE INSTRUMENT ACT

Note : - (i) The syllabus has been divided into three parts. Part-A shall contain 10 question (one question
from each Unit) of 1 mark each Answer of each question shall be limited upto 30 words. Part-B shall contain
10 question (two question from each Unit with internal choice) students will have to attempt 5 questions each
question will carry 3.5 marks. Answer of each question shall be limited upto 250 words. Part-C shall contain 5
questions, 1 from each unit; students will have to attempt any three questions from this part. Each question
shall carry 7.5 marks. Answer of each question shall be limited upto 500 words.
(ii) In order to ensure that students do not leave out important portions of the syllabus, examiners shall be free
to repeat the questions set in the previous examination.

Unit 1 : Definition of company, kinds of company, Corporate personality, formation of


company,
Unit 2 : Lifting the corporate veil,The Memorandum of Association and Article of
Association, Binding effects,
Unit 3: Doctrine of Ultra Vires and Doctrine of Indoor Management, Promoters and
preliminary Contract.
Unit 4: Prospectus, Share Capital, shares, Members and shareholders,
Unit 5: Debentures, Directors and borrowings, Managing directors

BOOKS RECOMMENDED
Shah S.M. : Lectures on Company Law
Avtar Singh : Company Law
Sen, G.M. : Company Law. Cases and Materials Indian Partnership Act, 1932
Sanghal P.S. : National and Multinational Companies : Some Legal Issues.

13
5.7.3 LABOUR & INDUSTRIAL LAWS

Note : - (i) The syllabus has been divided into three parts. Part-A shall contain 10 question (one question
from each Unit) of 1 mark each Answer of each question shall be limited upto 30 words. Part-B shall contain
10 question (two question from each Unit with internal choice) students will have to attempt 5 questions each
question will carry 3.5 marks. Answer of each question shall be limited upto 250 words. Part-C shall contain 5
questions, 1 from each unit; students will have to attempt any three questions from this part. Each question
shall carry 7.5 marks. Answer of each question shall be limited upto 500 words.
(ii) In order to ensure that students do not leave out important portions of the syllabus, examiners shall be free
to repeat the questions set in the previous examination.

ACTS FOR STUDY


1. The Industrial Disputes Act, 1947,
2. The Trade Unions Act, 1926,

. Unit l :Historical Development of Industrial Disputes legislation in India; Objects and


Reason, Various modes of settlement of disputes.

Unit2: Scope and Definitions of important terms, Authorities under this Act
Reference of Disputes to Boards, Courts or Tribunals, Procedure, powers and Duties
of Authorities.

Unit 3: Strike and Lock-out, Lay-off and Retrenchment, Special Provision Relating to Lay-
off, Retrenchment and Closure in certain establishments.
Unit 4: Change in condition of service during pendency of dispute, unfair labour practices.

Unit5 : Trade Union Movement in India-Aims and Object-Extent and commencement of the
Trade Unions Act, 1926.

BOOKS RECOMMENDED

Indian Law Institute : Law and Labour Management Relations in India


Giri, V.V.: Labour Problems in Industry
Malik, P.L. : Industrial Law (6th Ed.)
Dhingra, L.C. : Labour Law
Goswami, VG.: Labour and Industrial Law

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OPTIONAL PAPER
5.7.4 (A) LAW OF TAXATION (INCOME TAX)
AND MONEY LAUNDERING ACT

Note : - (i) The syllabus has been divided into three parts. Part-A shall contain 10 question (one question
from each Unit) of 1 mark each Answer of each question shall be limited upto 30 words. Part-B shall contain
10 question (two question from each Unit with internal choice) students will have to attempt 5 questions each
question will carry 3.5 marks. Answer of each question shall be limited upto 250 words. Part-C shall contain 5
questions, 1 from each unit; students will have to attempt any three questions from this part. Each question
shall carry 7.5 marks. Answer of each question shall be limited upto 500 words.
(ii) In order to ensure that students do not leave out important portions of the syllabus, examiners shall be free
to repeat the questions set in the previous examination.

INCOME TAX ACT


Unit 1: Basic concept : Assessment year, Previous year, Person, Assessee, Income ,
Agricultural Income, Casual Income, Capital Asset, Charitable purpose, Total
Income, Gross Total Income, step system and slab system

Unit 2: Basic concept of Capital and Revenue, Avoidance of tax and tax evasion, Income tax
authorities. Residential; status and Tax Incidence - Exemptions and deductions of
Income

Unit 3 : Income under the Head `Salaries' Income from House Property, Income of other
persons included in Assessee's Total income

Unit 4: Profits and Gains of Business or Profession, Depreciation allowance, Capital Gains,
Income from other sources, Set off and carry forward of losses

Unit 5: Return of Income, Assessment and Re-assessment, Assessment of Firms and


Partners and Penalties offences and prosecution under this Act, Appeal and
revision, the Prevention of Money Laundering Act 2005

BOOKS RECOMMENDED
Bhattacharyan, S.: Income Tax Act Acts amended up-to-date Lakhotia, R.N. : Indian Income
Tax Law and Practice and Practice of Income Tax in India
Saxena,A.K. : Law on Income Tax in India
Gaur, K.D. : Tax Offences, Black Money and Law
Prevention of Money Laundering Act 2005
Vinod Singhania : Direct Taxes
Kailash Rai : Taxation Laws
Bhattacharyan, S.: Income Tax Act Acts amended up-to-date Lakhotia, R.N. : Indian Income
Tax Law and Practice and Practice of Income Tax in India
Saxena, A.K. : Law on Income Tax in India

15
OPTIONAL PAPER

5.7.4 (B) CRIMINOLOGY, PENOLOGY AND VICTIMOLOGY

Note : - (i) The syllabus has been divided into three parts. Part-A shall contain 10 question (one question
from each Unit) of 1 mark each Answer of each question shall be limited upto 30 words. Part-B shall contain
10 question (two question from each Unit with internal choice) students will have to attempt 5 questions each
question will carry 3.5 marks. Answer of each question shall be limited upto 250 words. Part-C shall contain 5
questions, 1 from each unit; students will have to attempt any three questions from this part. Each question
shall carry 7.5 marks. Answer of each question shall be limited upto 500 words.
(ii) In order to ensure that students do not leave out important portions of the syllabus, examiners shall be free
to repeat the questions set in the previous examination.

Unit 1: Criminology : Definition, Nature and Scope, Methods of studying criminal behaviour,
Importance of Criminology Crime : Definition and Nature, classification of crime,
organised and professional crime
Unit 2 : Schools of Criminological Thoughts:
1. Ancient School
2. Classical School
3. Cartographical or Ecological School
4. Socialistic School
5. Typological School
6. Sociological School
7. Multifactor School
Unit 3 : Control of Crime : Police and Law Courts, Prison system, Resocialisation of the offender,
Prevention of crime delinquency, Alcoholism and Drugs. Influence of mass media
Unit 4: Definition of punishment. Relationship between criminology and penology, History of
punishment. Kinds of Punishment, White collar criminals, Female offenders, Juvenile
Delinquent and adolescent offenders
Unit5: Victimology :
(i) Definition and types of the victim.
(ii) Persons vulnerable to victimization 1.Elderly,
2. Children, 3. Female.
(iii) Compensation to victims.
(iv) Judicial activism and victims.
(ii) Devictimization and UN charter.

SUGGESTED READINGS
Barnes, H.B. and Tectors : New Horizons in Criminology
Vold, G.S. : Theoretical Criminology
Pillai, K.S. : Criminology
R. Teft, Donald: Criminology
Edwin, H. Sutherland and Donald R. Grussey : Principles of Criminology
Horman Mannhaim : Pioneers in Crimmology
Hon-Barren, Mays: Crime and the Social Structures
Ahmed Siddiqui : Criminology-Problems and Perspectives
Lord Pakenham : Causes of Crime
S. Venugopala Rao : Facts of Crime in India
Komm, R.R. and Mogorble : Law-Criminology and Penology Grunhut : Criminal Justice and Reconstruction, Madolm : Criminal Justice
and Reconstruction, Gorden Rose: The Struggle for Penal Reform , LL.T. : Essays on Indian Penal Code, Ben-Penology: Old and New-
Tagore Law Lectures
Clict : Conflicting Penal Theories in Statutory Criminal Law , Shamsul Huda : Tagore Law Lectures on Criminal Law, Lawburse : Crime,
Its Causes and Remedies, Dequires : Modern Theories of Criminology
Gillin : Criminology and Penology, Beccaria : Crime and Punishment, The Criminal Procedure Code

16
5.7.5 LAWS RELATING TO INTELLECTUAL PROPERTY

Note : - (i) The syllabus has been divided into three parts. Part-A shall contain 10 question (one question
from each Unit) of 1 mark each Answer of each question shall be limited upto 30 words. Part-B shall contain
10 question (two question from each Unit with internal choice) students will have to attempt 5 questions each
question will carry 3.5 marks. Answer of each question shall be limited upto 250 words. Part-C shall contain 5
questions, 1 from each unit; students will have to attempt any three questions from this part. Each question
shall carry 7.5 marks. Answer of each question shall be limited upto 500 words.
(ii) In order to ensure that students do not leave out important portions of the syllabus, examiners shall be free
to repeat the questions set in the previous examination.

Unit 1 : Concept, Nature and Scope of Intellectual Property Rights (IPR) International
Regime of IPR with special reference to world Trade Organization (WTO),

Unit 2 Trade Related Intellectual Property Rights (TRIPS),The Copyrights Act 1957 as
amended from time to time: Nature, meaning, object and works in which copyrights
subsists. Copyrights Authorities: Powers and functions.

Unit 3: Ownership of copyrights, Rights of owner, assignment, term of copyrights, license


compulsory license. Copyrights societies, international copyrights.

Unit 4: Rights of broadcasting organization and of performers. Registration infringement,


remedies and appeals.

Unit 5: The Patent Act, 1970 as amended from time to time.


(i) Inventions patentable and non-patentable
(ii) Rights of inventor/patentee
(iii) Procedure for obtaining patent, opposition, grant, sealing

SUGGESTED READINGS
B.L. Wadhera : Law Relating to Patents, Trade Marks, :Copyrights Designs & Geographical
Indications, 1999
GB. Reddy's Intellectual Property Rights Law, Steward, G.M. : International Copy Right and
Neighbouring Rights Steward, GM.: Indian Copy RightAct,1957
Steward, GM.: Borne Convention Implementation Act, 1988 Vikas Vashistha : Law and
Practice of Intellectual Property Vikas Vashistha: The Trade and Merchandise
MarksAct,1959 S. P. Narayan : Patent Law (1985 ed.)

17
5.7.6 PROFESSIONAL ETHICS, ADVOCACY FOR LAWYERS AND
BAR-BENCH RELATIONS, PUBLIC INTEREST LAWERING,
LEGAL AID AND PARA LEGAL SERVICES

Note : - (i) The syllabus has been divided into three parts. Part-A shall contain 10 question (one question
from each Unit) of 1 mark each Answer of each question shall be limited upto 30 words. Part-B shall contain
10 question (two question from each Unit with internal choice) students will have to attempt 5 questions each
question will carry 3.5 marks. Answer of each question shall be limited upto 250 words. Part-C shall contain 5
questions, 1 from each unit; students will have to attempt any three questions from this part. Each question
shall carry 7.5 marks. Answer of each question shall be limited upto 500 words.
(ii) In order to ensure that students do not leave out important portions of the syllabus, examiners shall be free
to repeat the questions set in the previous examination.

Unit 1 : Legal Profession in its Historical perspective-Position before Legal Practitioners


Act, 1879; upto. Indian Bar Council Act, 1926, and history of Legal Profession up
to Advocates Act, 1961. Professional conduct and Professional ethics-Nature and
Scope, Duty to the Profession, Rights and Privileges of an advocate

Unit 2 : Duties towards Courts and clients Duties towards opponent and Duties towards
public. Code of professional ethics, punishment for misconduct and procedure,
Under the Advocate Act, 1961

Unit 3: Selected opinions of disciplinary committees and Supreme Court decisions on


professional misconduct as reported in the immediate preceding year

Unit 4: Legal Aid-Meaning, Nature, Scope and Development.


(a) Legal Aid and Constitution of India
(b) Legal Services Authorities Act-Objectives, Establishment of Authorities and
their powers, Eligibility for Legal Aid.
(c) Legal Aid to accused at State expenses (303-304 of the Cr. P.C.)

Unit 5 : (a) Public Interest Litigation-Meaning, Scope, Necessity, Locus-Standi


(b) Lok Adalats and their working
(c) Para-Legal Counselling Meaning, Necessity, Scope, Training for Para-legal
services
(d) One leading case of the Supreme Court on PIL

READING MATERIAL

1. M. Krishna Murthy lyer's Book on Advocacy


2. The Contempt Law of Practice
3. The Bar Council Code of Ethics
4. SQ selected opinions of the Disciplinary Committee of Bar Council and 10 major
judgements of the Supreme Court on the subject, in the immediate preceding year

18
B.A. LL.B./B.B.A. LL.B. Five Year VIII Semester
5.8.1 FAMILY LAW II (MOHAMMEDAN LAW)
Note : - (i) The syllabus has been divided into three parts. Part-A shall contain 10 question (one question
from each Unit) of 1 mark each Answer of each question shall be limited upto 30 words. Part-B shall contain
10 question (two question from each Unit with internal choice) students will have to attempt 5 questions each
question will carry 3.5 marks. Answer of each question shall be limited upto 250 words. Part-C shall contain 5
questions, 1 from each unit; students will have to attempt any three questions from this part. Each question
shall carry 7.5 marks. Answer of each question shall be limited upto 500 words.
(ii) In order to ensure that students do not leave out important portions of the syllabus, examiners shall be free
to repeat the questions set in the previous examination.

Unit 1 : Will : Competence of testator and legatee, valid subject of will, testamentary
limitation, Formalities of a will and Abatement of legacy .Legitimacy and
acknowledgement : Legitimacy and legitimation.

.Unit 2 Presumption of legitimacy under Muslim Law and Section 112 of the Indian
Evidence Act, Conditions of valid acknowledgment Maintenance: Persons
entitled to Maintenance, Principles of maintenance. The Muslim Women
(Protection of Rights on Divorce) Act, 1986
Unit 3 Death-Bed-Transactions: Meaning and effect of Marjulmaut Wakf : Meaning and
essential of a Wakf, Beneficiaries of Wakf, the Wakf Validating Act, 1913,
Formalities for creation of Wakf of Musha, kinds of Wakf,

Unit 4 : Muslim religious institutions and offices, Administration of Wakfs Inheritance:


General Principles of law of inheritance, Doctrines ofAul and Radd under Hanafi
and Shia Law.

Unit 5: Protection of Women Against Domestic Violence Act, 2005, Definitions: aggrieved
person, child, compensation order, custody order, domestic violence, Protection
Officer, protection order, residence order, service provider, shared household,
Jurisdiction.of the Court, Procedure for seeking relief under the Act, remedies and
reliefs, Penalty for breach of protection order by respondent., Cognizance and
proof. Penalty for not discharging duty by Protection Officer Cognizance of
offence committed by Protection Officer.

Books Recommended:
Faize : Mohammedan Law
Mulla: Principles of Mohammedan Law
Verma, B.R. : Islamic Law
Aquil Ahmed : Mohammedan Law

19
5.8.2 COMPANY LAW AND NEGOTIABLE INSTRUMENT ACT

Note : - (i) The syllabus has been divided into three parts. Part-A shall contain 10 question (one question
from each Unit) of 1 mark each Answer of each question shall be limited upto 30 words. Part-B shall contain
10 question (two question from each Unit with internal choice) students will have to attempt 5 questions each
question will carry 3.5 marks. Answer of each question shall be limited upto 250 words. Part-C shall contain 5
questions, 1 from each unit; students will have to attempt any three questions from this part. Each question
shall carry 7.5 marks. Answer of each question shall be limited upto 500 words.
(ii) In order to ensure that students do not leave out important portions of the syllabus, examiners shall be free
to repeat the questions set in the previous examination.

Unit1 : Majority power and minority rights: Prevention of Oppression and


Mismanagement, Merger, Acquisitions Takeover

Unit 2 : Amalgamation and reconstruction, Meetings of company, Winding up and


Dissolution: Distinction.

Unit 3: Winding up by Court, voluntary winding up, compulsory winding up, Liquidators

Onit4: Negotiable Instrument Act, 1881: essential features, Promissory note, Bill of
Exchange, Cheque, Dishonour.

Unit5: Incohate stamped, Holder, Holder in due course, Kinds of endorsement, Noting,
Public Notary, Discharge from Liabilituy, Civil Liability, Liability, Procedure for
Prosecution, extent of Penalty.

BOOKS RECOMMENDED
Shah S.M. : Lectures on Company Law
Avtar Singh : Company Law
Sen, G.M. : Company Law. Cases and Materials Indian Partnership Act, 1932
Sanghal P.S. : National and Multinational Companies : Some Legal Issues
Avtar Singh: Newgotiable Instrument Act, 1881
Bashyam and Adiga, The Negotiable Instruments Act (1997)
Bharath Law House, New Delhi.

20
5.8.3 LABOUR & INDUSTRIAL LAWS

Note : - (i) The syllabus has been divided into three parts. Part-A shall contain 10 question (one question
from each Unit) of 1 mark each Answer of each question shall be limited upto 30 words. Part-B shall contain
10 question (two question from each Unit with internal choice) students will have to attempt 5 questions each
question will carry 3.5 marks. Answer of each question shall be limited upto 250 words. Part-C shall contain 5
questions, 1 from each unit; students will have to attempt any three questions from this part. Each question
shall carry 7.5 marks. Answer of each question shall be limited upto 500 words.
(ii) In order to ensure that students do not leave out important portions of the syllabus, examiners shall be free
to repeat the questions set in the previous examination.

ACTS FOR STUDY

1. The Trade Unions Act, 1926,


2. The Factories Act, 1948,
3. The Minimum Wages Act, 1948

Unit:1Definition and nature of Trade Union


Registration of Trade Unions : Rights and Liabilities of Registered Trade Unions,
Recognition to Trade Unions, Dissolution, Collective Bargaining.

Unit 2 :History of Factory Legislation : Objects and Reasons-Scope and applicability-


Definitions of some Important terms The Inspecting Staff : Health, Safety, Welfare
Provisions.

Unit 3:working hours for Adults, Employment of Young persons, Annual Leave with Wages
Concept of Wages, particularly, Minimum Fair and Living wages.

Unit4:Aims and Objects of the Minimum Wages Act. Application, Fixation and revision of
minimum rates of wages.

Unit5:Adjudication of claims relating to Minimum wages and Miscellaneous provisions.

BOOKS RECOMMENDED
Indian Law Institute : Law and Labour Management Relations in India
Giri, V.V.: Labour Problems in Industry
Malik, P.L. : Industrial Law (6th Ed.)
Dhingra, L.C. : Labour Law
Goswami, VG.: Labour and Industrial Law

21
5.8.4 LAWS RELATING TO INTELLECTUAL PROPERTY

Note : - (i) The syllabus has been divided into three parts. Part-A shall contain 10 question (one question
from each Unit) of 1 mark each Answer of each question shall be limited upto 30 words. Part-B shall contain
10 question (two question from each Unit with internal choice) students will have to attempt 5 questions each
question will carry 3.5 marks. Answer of each question shall be limited upto 250 words. Part-C shall contain 5
questions, 1 from each unit; students will have to attempt any three questions from this part. Each question
shall carry 7.5 marks. Answer of each question shall be limited upto 500 words.
(ii) In order to ensure that students do not leave out important portions of the syllabus, examiners shall be free
to repeat the questions set in the previous examination.

Unit1 : Patent office, controller, his functions and powers.


Working of patents, compulsory licenses, Revocation, Acquisition of patent by
Central Government..

Unit 2: Infringement, remedies, offences and penalties.


Patenting life forms and animal variety. Trade Marks Act 1999 as amended for
time to time. Meaning of Trade Marks, Kinds of Trade Marks.

Unit 3: Registration of Trade Marks, procedure, duration, renewal and effect of registration.
Infringement of Trade Marks and remedies. Transfer and transmission of trade
Marks.Use and registered user of trade marks.

Unit 4: Certification of trade Marks, Textile goods and Trade marks.


Offence and Penalties. Law relating to protection of Plant Breeders Rights

Unit 5: Geographical Indications of Goods. Bio-diversiaty Act. Trade in Intellectual


Property.

SUGGESTED READINGS
B.L. Wadhera : Law Relating to Patents, Trade Marks, :Copyrights Designs & Geographical
Indications, 1999
GB. Reddy's Intellect+ ual Property Rights Law, Steward, G.M. : International Copy Right
and Neighbouring Rights Steward, GM.: Indian Copy RightAct,1957
Steward, GM.: Borne Convention Implementation Act, 1988 Vikas Vashistha : Law and
Practice of Intellectual Property Vikas Vashistha: The Trade and Merchandise
MarksAct,1959 S. P. Narayan : Patent Law (1985 ed.)

22
5.8.5 CYBER LAW, INFORMATION TECHNOLOGY ACT
AND SPACE LAW

Note : - (i) The syllabus has been divided into three parts. Part-A shall contain 10 question (one question
from each Unit) of 1 mark each Answer of each question shall be limited upto 30 words. Part-B shall contain
10 question (two question from each Unit with internal choice) students will have to attempt 5 questions each
question will carry 3.5 marks. Answer of each question shall be limited upto 250 words. Part-C shall contain 5
questions, 1 from each unit; students will have to attempt any three questions from this part. Each question
shall carry 7.5 marks. Answer of each question shall be limited upto 500 words.
(ii) In order to ensure that students do not leave out important portions of the syllabus, examiners shall be free
to repeat the questions set in the previous examination.
.
Unit 1 : International Prospective of Cyber Law
United States Cyber Law
Australian Cyber Law
Japanese Cyber Law
U.K. Computer Act
French Computer Crime
Marinitius Cyber Law
SriLanka‟s Cyber Crime Law
Pakistan Cyber Law
Bangladesh Cyber Law
Cyber Crimes – Definition
Reasons for Cyber Crimes
Classification of Cyber Crimes
Viruses, Hacking, E-mail Spoofing, Computer Vandalism,
Cyber Terrorism, Cyber Ponography, Cyber defamation
E-mail frauds (Spam), Money Laundering, Data-diddling

Unit 2: Preliminary
Digital Signatures
Electronic Governance
Attribution, Acknowledgment and Dispatch of Electronic Records

Unit 3 : Secure Electronic Records and Secure Digital Signatures


Regulation of Certifying Authorities.
Digital Signature Certificates,
Duties of Subscribers

Unit 4 : Penalties and Adjudication


The Cyber Regulations Appellate Tribunal
Offences
Cyber Crimes- Definitions, Classifications and types
Network Service Providers not to be liable in certain cases
Miscellaneous – e-mail frauds, money laundering, data hiding

23
Unit 5 : Space Law
Definition, nature, sope and development
Sources
UN and Outer Space
International co-operation for peaceful use
Development by General Assembly resolutions
UN space treaties : strengths and needs
Development of law by treaties
The space treaty 1967
The rescue Agreement 1968
The Liability Convention 1972
The Registration Convention 1975
The Moon Treaty 1979
Partial Test Ban Treaty 1963
Weather Modification Convention 1977
Environmental protection
IPR rights
India and Space Law
Space policy
Need for the law in the country

BOOKS RECOMMENDED
Azbeyratne, RIR,. Legal and Regulatory Issues in International Aviation (1996),
Transnational Publishers, NY.
Bhatt S., The New Aviation Policy of India : Liberalization and Deregulation, (1997),
Lancers Books, N. Delhi.
Bhatt S. Et. Al. (Ed.), Air Law and Policy in India (1994), Lancers Books, N. Delhi
Blackloack, Mark. (Ed.), International Civil Aviation Organization: 50 Years Global
Celebrations 1944-1994. (1995), International Systems and Communication Ltd., London
Blackshaw, Carole, Aviation Law and Regulation-A Framework for Civil Aviation Industry
(1992), Pitman Publishing, London
Button, Kennath, (ed.), Airline Deregulation : International Experience (1991), Fulton
Publishers, London
Groenewege, A.D., Compendium of International Civil Aviation (1996), International Civil
Aviation Corprn., Montreal
Mani V.S., Et. Al., (Eds.), Recent Trends in International Space and Policy, (1997), Lancers
Books, N. Delhi.
Wassenbergh, H.A. Principales and Practices in Air Transport Regulations (1993), ITA
Press, Paris

24
PAPER 5.8.6
PRINCIPLES OF LEGISLATION AND INTERPRETATION OF
STATUTES

Note : - (i) The syllabus has been divided into three parts. Part-A shall contain 10 question (one question
from each Unit) of 1 mark each Answer of each question shall be limited upto 30 words. Part-B shall contain
10 question (two question from each Unit with internal choice) students will have to attempt 5 questions each
question will carry 3.5 marks. Answer of each question shall be limited upto 250 words. Part-C shall contain 5
questions, 1 from each unit; students will have to attempt any three questions from this part. Each question
shall carry 7.5 marks. Answer of each question shall be limited upto 500 words.
(ii) In order to ensure that students do not leave out important portions of the syllabus, examiners shall be free
to repeat the questions set in the previous examination.

Unit 1 : Principles of Legislation


Law-making - the legislature, executive and the judiciary, Legislation as a source of law, Relation
of legislation to other sources of law, Advantages of legislation over precedent and precedent over
legislation and Distinction between morals and legislation.
Interpretation of Statutes
Meaning of the term „statutes‟, Commencement, operation and repeal of statutes, and Purpose of
interpretation of statutes.
Unit 2 : Aids to Interpretation
Internal aids, Title, Preamble, Headings and marginal notes, Punctuation marks, Illustrations,
exceptions, provisos and saving clauses, Schedules, Non-obstante clause, External aids,
Dictionaries, Statutes in pari materia, Contemporanea Exposito, Debates, inquiry commission
reports and Law Commission reports
Unit 3 : Rules of Statutory Interpretation
Primary Rules, Literal rule, Golden rule, Mischief rule (rule in the Heydon‟s case), Rule of
harmonious construction, Secondary Rules, Noscitur a sociis, Ejusdem generis, Red Nb dendo
singula singulis,
Presumptions in statutory interpretations
Statutes are territorial in operation, Presumption as to jurisdiction, Presumption against what is
inconvenient or absurd, Presumption against intending injustice, Presumption against intending
injustice, Presumption against impairing obligations or premitting advantage from one‟s own
wrong, Prospective operation of statutes.
Unit 4 : Maxims of Statutory Interpretation
Delegatus non protest delegare, Expressio unius exclusio alterius, Generalia specialibus non
derogant, In pari delicto potior est conditio possidentis, Utres valet potior quam pareat,
Expressum facit cessare facitum, In bonam partem.
Interpretation with reference to the subject matter and purpose
Restrictive and beneficial construction, Taxing statutes, Penal statutes, Welfare legislation,
Unit 5 : Interpretation with reference to the subject matter and purpose
Interpretation of substantive and adjunctival statues, Interpretation of directory and mandatory
provisions, Interpretation of enabling statutes, Interpretation of codifying and consolidating
statutes.
Principles of Constitutional Interpretation
Doctrine of pith and substance, Colourable legislation, Ancillary powers, “Occupied Field”.
Principle of Severability, Principle of Eclipse.
BOOKS RECOMMENDED:
G.P. Singh, Principles of Statutory Interpretation, (7th Edition) 1999, Wadhwa, Nagput.
P.St. Langan (Ed.). Maxwell on The Interpretation of Statutes (1976) N.M. Tripathi, Bombay.
K.Shanmukham, N.S. Bindras‟s Interpretation of Statutes, (1997) The Law Book Co. Allahabad.
V. Sarathi, Interpretation of Statutes, (1984) Eastern, Lucknow.
M.P. Jain, Constitutional Law of India, (1994 Wadhwa & Co.
M.P. Singh, (Ed.) V.N. Sukha‟s Consitution of India, (1994) Eastern, Lucknow.
U.Baxi, Introduction to Justice K.K. Mathew‟s, Democracy Equality and Freedom (1978) Eastern, Lucknow

25
B.A. LL.B/BBA LL.B.-IX SEMESTER

5.9.1 LAW OF PROPERTY

Note : - (i) The syllabus has been divided into three parts. Part-A shall contain 10 question (one question
from each Unit) of 1 mark each Answer of each question shall be limited upto 30 words. Part-B shall contain
10 question (two question from each Unit with internal choice) students will have to attempt 5 questions each
question will carry 3.5 marks. Answer of each question shall be limited upto 250 words. Part-C shall contain 5
questions, 1 from each unit; students will have to attempt any three questions from this part. Each question
shall carry 7.5 marks. Answer of each question shall be limited upto 500 words.
(ii) In order to ensure that students do not leave out important portions of the syllabus, examiners shall be free
to repeat the questions set in the previous examination.

Unit 1 : Preliminary: Definition, Essentials of Transfer, Competence of parties, subject


matter of transfer, transfer to unborn person, registration of transfer, etc.,

Unit 2 : General Rules or Transfer, Restrains on alienation absolute or partial, Restrains on


free enjoyment, Covenants affecting enjoyment, divesting on insolvency

Unit 3 : Rules against Perpetuities, Future estates, -Doctrine of acceleration, Accumulation


of income, exceptions
Unit 4 : Conditional transfer, Condition precedent, condition subsequent; vested and
contingent interest, Doctrine of Election, Priority of rights.

Unit 5: Notice, transfer by limited owners transfer of property out of which maintenance
claims have to be met. Transfer by person authorized only under certain
circumstances to transfer. Transfer where third person is entitled to Maintenance
Section 39. Transfer by holding out; Transfer by co-owner.

BOOKS RECOMMENDED
The Transfer of Property Act (Act IV of 1882) as amended upto date Mulla :
Transfer of Property Act
Joshi : The Indian Easements Act (Act V of 1882)
Menon, A.D. : The Law of Property
Sarthi, V.P. : Law of Transfer of Property
Shukla, S.N. : Transfer of Property Act
Saxena, LC.: Transfer of Property Act

26
5.9.2 CIVIL PROCEDURE CODE

Note : - (i) The syllabus has been divided into three parts. Part-A shall contain 10 question (one question
from each Unit) of 1 mark each Answer of each question shall be limited upto 30 words. Part-B shall contain
10 question (two question from each Unit with internal choice) students will have to attempt 5 questions each
question will carry 3.5 marks. Answer of each question shall be limited upto 250 words. Part-C shall contain 5
questions, 1 from each unit; students will have to attempt any three questions from this part. Each question
shall carry 7.5 marks. Answer of each question shall be limited upto 500 words.
(ii) In order to ensure that students do not leave out important portions of the syllabus, examiners shall be free
to repeat the questions set in the previous examination.

Unit 1 : Definitions, suits in general, suits of civil nature

Unit 2 : Res judicata, Res subjudice, Foreign Judgment

Unit 3 : Place of trial, Transfer of suits,

Unit 4 : Joinder, non-joinder and mis-joinder of parties and causes of action

Unit 5 : Service of Summon and Procedure thereafter.

BOOKS RECOMMENDED
Mulla : The Code of Civil Procedure, Student Edition, The Arbitration and Conciliation Act,
1996
Subbarao, GVC. : Law of Specific Relief

27
5.9.3 ENVIRONMENT PROTECTION AND LAW

Note : - (i) The syllabus has been divided into three parts. Part-A shall contain 10 question (one question
from each Unit) of 1 mark each Answer of each question shall be limited upto 30 words. Part-B shall contain
10 question (two question from each Unit with internal choice) students will have to attempt 5 questions each
question will carry 3.5 marks. Answer of each question shall be limited upto 250 words. Part-C shall contain 5
questions, 1 from each unit; students will have to attempt any three questions from this part. Each question
shall carry 7.5 marks. Answer of each question shall be limited upto 500 words.
(ii) In order to ensure that students do not leave out important portions of the syllabus, examiners shall be free
to repeat the questions set in the previous examination.

Unit 1: Environmental Pollution-Meaning, definition and kinds, sources and causes of environmental
pollution, Effects of environment degradation, Historical background of environmental
legislation, Environmental education, management policy and programme
Unit 2 : General Law applicable to environmental violations:
(a) Civil Law-The Constitutional Law of India-Preamble, Articles 21, 48-A and 51-A(g),
The Code of Civil Procedure-Section 9 and Order 39, Rule 1 to 5 Law relating to
nuisance, trespass, negligence, strict liability reparion rights and prior
appropriation.
(b) Penal Law-The Indian Penal Code, 1860-Sections 268, 277, 278, 304A, 336, 338,
425-428 and 430-432, The Code of Criminal Procedure, 1973, Sections 133 and 144;
The Police Act-Sections 30, 32,34 and 363
Unit 3 : The Water (Prevention and Control of Pollution) Act, 1974 The Air (Prevention and
Control of Pollution) Act, 1981
Unit 4 : The Environment (Protection)Act, 1986
Aims and Objects; Definition; General powers of the Central Government
Prevention, Control and abatement of Environmental Pollution; Standards for
Commission or discharge of pollutants
Unit 5 : Protection of Natural Resources
The Wild Life (Protection) Act, 1972 and The Forest Conservation Act, 1984
Public Interest Litigation judicial activism pertaining to environmental pollution

BOOKS RECOMMENDED
VR. Krishna Iyer : Environmental Pollution and the Law
Lall's Commentaries on Water and Air Pollution Laws
Suresh Jain and Vimal Jain : Environmental Laws in India
Citizen Report, Published by the Centre for Science and Environment, New Delhi
Marudhar Mridul : Public Interest Litigation-A Profile
The Water (Prevention and Control of Pollution) Act, 1974.
The Air(Prevention and Control of Pollution)Act, 1981
The Environment (Protection)Act, 1986
The Wild Life (Protection) Act, 1972 ThePolice Act, 1861
The Insecticide Act, 1961
The Motor Vehicles Act, 1988 The Income Tax Act, 1961
The Public Liability Insurance Act, 1968
The Forest Conservation Act, 1980
Paras Diwan : Law and Environment
ILI Publication Editor Dr. S.N. Jain : Seminar Proceedings of Environment Protection Law
Rahimatulla Khan: Law, Science and Environment
M.C.J., Kagzi (Editor) : Environmental Pollution and Law, Published by University Studies in Law, Jaipur
The Code of Civil Procedure, 1908
The Code of Criminal Procedure, 1973
The Indian Penal Code, 1980

28
5.9.4 ARBITRATION, CONCILIATION AND ALTERNATATIVE
MECHANISM/COMPETITION ACT

Note : - (i) The syllabus has been divided into three parts. Part-A shall contain 10 question (one question
from each Unit) of 1 mark each Answer of each question shall be limited upto 30 words. Part-B shall contain
10 question (two question from each Unit with internal choice) students will have to attempt 5 questions each
question will carry 3.5 marks. Answer of each question shall be limited upto 250 words. Part-C shall contain 5
questions, 1 from each unit; students will have to attempt any three questions from this part. Each question
shall carry 7.5 marks. Answer of each question shall be limited upto 500 words.
(ii) In order to ensure that students do not leave out important portions of the syllabus, examiners shall be free
to repeat the questions set in the previous examination.

Unit 1: Arbitration and Conciliation Act, 1996 : General provisions: Arbitration agreement;
Arbitral Tribunal : Composition and Jurisdiction; Conduct of Arbitral Proceeding.

Unit 2: Arbitral awards: Termination of proceedings, setting aside the Arbitral award;
Enforcement of Artibral awards, Appeals; Code of ethics for Arbitrators.

Unit 3: Enforcement of Foreign-awards; Geneva convention International arbitration


institutions

Unit 4: Conciliation : Conciliators, Procedure of Conciliation; Role of conciliator settlement


Agreement; Termination of conciliation proceedings; Resort to arbitral and Judicial
proceedings Negotiation and Conciliation Skills.

Unit 5: Alternate Dispute Settlement system for Multinational Corporations, Indian


Council of Arbitration : Recognition of its arbitration services; Settlement through
Lok Adalats, Competition Act

SUGGESTED READINGS
The Arbitration and Conciliation Act, 1996
Baxi, P.M. : Arbitration Law
Avtar Singh : Law of Arbitration and Conciliation Publication of Indian Arbitration, New
Delhi
Competition Act.

29
5.9.5 DRAFTING, PLEADING AND CONVEYANCING

Note : - (i) The syllabus has been divided into three parts. Part-A shall contain 10 question (one question
from each Unit) of 1 mark each Answer of each question shall be limited upto 30 words. Part-B shall contain
10 question (two question from each Unit with internal choice) students will have to attempt 5 questions each
question will carry 3.5 marks. Answer of each question shall be limited upto 250 words. Part-C shall contain 5
questions, 1 from each unit; students will have to attempt any three questions from this part. Each question
shall carry 7.5 marks. Answer of each question shall be limited upto 500 words.
(ii) In order to ensure that students do not leave out important portions of the syllabus, examiners shall be free
to repeat the questions set in the previous examination.

Unit 1 : Pleading : Meaning, Kinds; Fundamental principles of pleading and their


exceptions, amendment of pleadings, alternate and inconsistent pleadings
Doctrine of set-off: Legal set-off and equitable set-off

Unit 2 : Drafting of pleadings and Judgement writing

Unit 3 : Conveyancing : Meaning, General Rules of Conveyancing, Salient parts of


conveyancing, rules relating to their drafting

Unit 4 : Drafting of Deeds : Partnership deed, mortgage by conditional


sale, notice for eviction, writing of government contract

Unit 5 : Registration Act, Court Fee Act & Law relating to Suit Valuation.

30
5.9.6 LAND LAWS

Note : - (i) The syllabus has been divided into three parts. Part-A shall contain 10 question (one question
from each Unit) of 1 mark each Answer of each question shall be limited upto 30 words. Part-B shall contain
10 question (two question from each Unit with internal choice) students will have to attempt 5 questions each
question will carry 3.5 marks. Answer of each question shall be limited upto 250 words. Part-C shall contain 5
questions, 1 from each unit; students will have to attempt any three questions from this part. Each question
shall carry 7.5 marks. Answer of each question shall be limited upto 500 words.
(ii) In order to ensure that students do not leave out important portions of the syllabus, examiners shall be free
to repeat the questions set in the previous examination.

THE RAJASTHAN TENANCY ACT, 1955

Unit 1: Preliminary Objects and Reasons : Definitions (S.5) : Agricultural year, Grove
holder, Grove Land, Improvement, Land Tenant, Trespasser, Classes of
Tenants, (S.14, 15, 17, 17-a) Lands on which Khatedari Rights do not accrue
(S. 16).

Unit 2: Primary Rights of tenants (Ss. 31 to 37), Devolution of tenancies, Transfer of


tenancies, Exchange of tenancies, Surrender. Abandonment and extinction of
tenancies, improvement and trees (Ss. 38 to 87) Groveholders (Ss. 194 to 205)

Unit 3 : Grounds for Ejectment of tenants and Remedies for Wrongful ejectment (Ss.
169 to 188), Provision for injunction and appointment of Receiver

Unit 4: Procedure and Jurisdiction of Courts (Ss. 216 to 221), Appeal

Unit 5: Review, Revision, Reference (Ss. 222 to 232), Question of tenancy right in
Civil Courts (S. 242) Conflict of Jurisdiction (S. 243)

BOOKS RECOMMENDED
Suresh Chand H. Mathur : Law of Tenancy in Rajasthan
Shivlal Gupta : The Rajasthan Tenancy Act
S.K. Dutt : Tenancy Law in Rajasthan

31
B.A. LL.B/BBA LL.B.-X SEMESTER

5.10.1 PROPERTY LAW AND EASEMENT

Note : - (i) The syllabus has been divided into three parts. Part-A shall contain 10 question (one question
from each Unit) of 1 mark each Answer of each question shall be limited upto 30 words. Part-B shall contain
10 question (two question from each Unit with internal choice) students will have to attempt 5 questions each
question will carry 3.5 marks. Answer of each question shall be limited upto 250 words. Part-C shall contain 5
questions, 1 from each unit; students will have to attempt any three questions from this part. Each question
shall carry 7.5 marks. Answer of each question shall be limited upto 500 words.
(ii) In order to ensure that students do not leave out important portions of the syllabus, examiners shall be free
to repeat the questions set in the previous examination.

Unit 1 : Ownership by estoppel, feeding the grant by estoppel, Doctrine of Part-performance,


Sale of immovable property.

Unit 2 : Mortgage and Charge : Kinds of mortgage, Rights and liabilities of Mortgage and
mortgagee, Priority, marshalling, contribution and subrogation

Unit 3 : Exchange, Lease, Gift, Actionable claims

Unit 4: Easements : Essentials of Easements, Imposition, Acquisition, Incidents,


Disturbance, Extinction, Suspension

Unit 5 : Revival of Easement, easement and customary rights, Kinds of Easement, Quasi
easement, Easement and Prescriptive rights License, Difference between lease and
License.

BOOKS RECOMMENDED
The Transfer of Property Act (Act IV of 1882) as amended upto date Mulla :
Transfer of Property Act
Joshi : The Indian Easements Act (Act V of 1882)
Menon, A.D. : The Law of Property
Sarthi, V.P. : Law of Transfer of Property
Shukla, S.N. : Transfer of Property Act
Saxena, LC.: Transfer of Property Act

32
5.10.2 CIVIL PROCEDURE CODE AND LAW OF LIMITATION

Note : - (i) The syllabus has been divided into three parts. Part-A shall contain 10 question (one question
from each Unit) of 1 mark each Answer of each question shall be limited upto 30 words. Part-B shall contain
10 question (two question from each Unit with internal choice) students will have to attempt 5 questions each
question will carry 3.5 marks. Answer of each question shall be limited upto 250 words. Part-C shall contain 5
questions, 1 from each unit; students will have to attempt any three questions from this part. Each question
shall carry 7.5 marks. Answer of each question shall be limited upto 500 words.
(ii) In order to ensure that students do not leave out important portions of the syllabus, examiners shall be free
to repeat the questions set in the previous examination.

Unit 1 : Attachment before judgement, Arrest before judgement.

Unit 2: Execution in general : Courts by which decrees may be executed, powers of the court
executing the decree.

Unit 3 : Transfer of decrees for Execution and Modes of Execution, Stay of Execution, Suits
in particular cases (Orders xxix to xxxiii). Abatement of suits

Unit 4 : Temporary injunction and Appointment of Receiver, Appeals-Appeals against order


and appeal against order and decree, Review. Revision and Reference

Unit 5 : The Limitation Act, 1963, Definitions, Relationship between limitation, laches,
acquiscence, estoppel and res judicata; Limitation of suits, appeals and applications,
disability„ computation of period of limitation

BOOKS RECOMMENDED
Mulla : The Code of Civil Procedure, Student Edition, The Arbitration and Conciliation Act,
1996
Subbarao, GVC. : Law of Specific Relief

33
5.10.3 TRADE LAW INCLUDING INTERNATIONAL TRADE LAWS

Note : - (i) The syllabus has been divided into three parts. Part-A shall contain 10 question (one question
from each Unit) of 1 mark each Answer of each question shall be limited upto 30 words. Part-B shall contain
10 question (two question from each Unit with internal choice) students will have to attempt 5 questions each
question will carry 3.5 marks. Answer of each question shall be limited upto 250 words. Part-C shall contain 5
questions, 1 from each unit; students will have to attempt any three questions from this part. Each question
shall carry 7.5 marks. Answer of each question shall be limited upto 500 words.
(ii) In order to ensure that students do not leave out important portions of the syllabus, examiners shall be free
to repeat the questions set in the previous examination.

Unit 1 : 1. Historical perspectives


United Nations: GATT, Evolution of New International Economic Order
(NIEO), Essential components of NIEO, State acceptance and practice of
NIEO principles.
2. Charter of Economic Rights and Duties
Sovereignty over wealth and natural resources, TNCS, Foreign
investment, Transfer of technology, Elimination of colonalisation,
apartheid, racial discrimination, Extension of tariff preferences, Most
favoured nation treatment, North-south gap widened or narrowed.

Unit 2 : 1. Institutions

UNCTAD (United Nations Conference on trade and Development),


UNCITRAL, GATT, Objectives, Strengths and weaknesses, Salient
features of GATT 1994 (Final Act of Urugway Round)

2. WTO

Structure, principles and working, Difference between GATT and WTO,


Problems : Agriculture, Sanitary and phyto sanitary measures (SPS),
Technical barriers of trade (TBT), Textiles and clothing, Anti-dumping,
Customs valuation, Services, TRIPS, TRIMS, Disputes settlement,
Labour, Transfer of technology, Trade facilitation, E-Commerce,
Information and technology agreement, Special permission for developing
and less developed countries, Trade and development committee, Balance
of payment provisions in WTO, India and WTO.

Unit 3 : 1. Trade in Goods


2. Trade related investment measures (TRIMS)
Relationships with GATT, Inalienable rights of member countries.
3. General Agreements on Trade in Services (GATS)
Principle: non-discrimination, Benefits to India.
4. Trade Related Intellectual Property Rights (TRIPS)
Structure, Principles, Minimum Standards, Copy rights and related rights,
Trade marks, Geographical indications, industrial designs, Patents,

34
Undisclosed information, Anti competitive practice, Enforcement of IPR,
Transparency, New issues.

Unit 4 : 1. Dispute settlement

Judicial system: Dispute Settlement Board (BSB), Elements of the system,


Prompt settlement, Balancing of rights and obligations, Objective of
satisfactory settlements, Outcomes, Withdrawal of the measure – violation
of WTO, Continuation of the measure with compensation for the loss
suffered by the affected country, Continuation of the measures with
retaliation by the affected country to make good the loss suffered by the
affected country, Special steps of DSB ad WTO Secretaries for developing
countries, Process of settlement by DSB.

2. International Monitory Fund

Structure and functions, Concept of par value systems, Currency


convertibility, Breakdown of par value system, Re-structuring of IMF.

Unit 5 : 1. International Bank for Reconstruction and Development

Structure and functions, International financial co-operation, International


development association, Lending by World Bank.

2. Regional Development Banks

Structure and functions, Asian Development Bank, Inter American


Development Bank, Banking in relation to European Union.

3. Sustainable Development

The concept, Stockhom to Rio: developments of the concept, Right to


development, Basic con ept, State acceptance and practice, UNCED (UN
Commission on Environment and Development) report, Principles, Rio
principles related to sustainable developments.

BOOKS RECOMMENDED:

Bandari Surendra, World Trade Organization and Developing Countries (1995), Universal, Delhi
Myneni Srinivasa Rao, International Economic Law (1996), Pioneer Books, New Delhi.
Arun Goyal (ed.), WTO in the new Millennium (2000), Academy of Business Studies, New Delhi-110002
Schwarzenberger, Economic World Order (1970 Manchester University Press.
Jayanta Bagchi, World Trade Organization : An Indian Perspective (2000), Eastern Law House, Calcutta.
J.G. Starke, Introduction to International Law (1989) Buttrworths
UNCED, Our Common Feature (1986), Oxford.

35
5.10.4 LAW RELATING TO CHILD, WOMEN AND
GENDER JUSTICE
Note : - (i) The syllabus has been divided into three parts. Part-A shall contain 10 question (one question
from each Unit) of 1 mark each Answer of each question shall be limited upto 30 words. Part-B shall contain
10 question (two question from each Unit with internal choice) students will have to attempt 5 questions each
question will carry 3.5 marks. Answer of each question shall be limited upto 250 words. Part-C shall contain 5
questions, 1 from each unit; students will have to attempt any three questions from this part. Each question
shall carry 7.5 marks. Answer of each question shall be limited upto 500 words.
(ii) In order to ensure that students do not leave out important portions of the syllabus, examiners shall be free
to repeat the questions set in the previous examination.

Unit 1 : l. International concerns and conventions

3. Women in India
Pre-independence period, Social and legal inequality, Social Reform,
Movement in India, Karachi Congress – Fundamental Rights Resolution,
Equality of Sexes.

4. Women in post independence India

Preamble of the Constitution : equality provisions in Fundamental Rights


and Directive Principles of State Policy, Personal laws – unequal position
of women, Uniform Civil Code towards gender justice.

Unit 2 : 1. Sex Inequality in inheritance Rights

Feudal institution of joint family – women‟s inheritance position, Hindu


Law, Muslim Law, Matrimonial property, Movement towards Uniform
Civil Code.

Unit 3 : 1. Women participation in democratic government


Parliament, State Legislation, Local bodies
2. Women and Employment
Law relating to exploitation and harassment in work places

3. Protection and enforcement agencies


Courts, Family courts, Commission for women, NGOs.

4. Social Constitutional and International Legal Status of Child


Magnitude of the problem, Special Status of Child – national policies,
Constitutional concern – Article 15(3), Article 24 and Article 45,
International concern and endeavour for the welfare of the children,
Minimum Age conventions, Child rights conventions, U.N. Declaration of
the rights of the child 1924, 1959.

36
Unit 4 : 1 Legal Control of Child Labour

Regulation of the employment: protection of the health and well-being,


International conventions and recommendations of the ILO,
Recommendations of the National Commission of Labour, Legislation
relating to factories, plantation labour, mines, merchant shipping, motor
transport workers, apprentices, shop & establishments and child labour.

2. Family Relations and Child

The status of a child in matters of marriage, legitimacy, guardianship,


adoption, maintenance and custody, Provisions in the statutes relating to
Hindu marriages, restraint on child marriage, guardians and wards, Hindu
minority and guardianship, Hindu adoptions and maintenance and in the
Indian Evidence Act 1872.

Unit 5 : 1. Child and Criminal Liability

Protection of Children against sexual offences (POCSO) Act 2013

2. Discrimination Against Female Children


Amniocenthesis, Deferred infanticide through based nutritional
discrimination, Termination of pregnancy. Pre-conception and pre-natal
diagnosis techniques (Prohibition of sex selection)

BOOKS RECOMMENDED

Gandhi to the Women (ed. Hingorani) 1941, Position of Women, 12 Tean Down the Purdah p. 213,
Young India 1918.
Jawaharlal Nehru thoughts on women-economic bondage of Indian women (Produced Memorial and
Library)
7th Plan. Ch. 14 Socio economic programmes for women.
Relevant case Law
Revasia & Revasia, Women Social Justice & Human Rights (1998) PP.H. Publishing, New Delhi
Ajnes, Flavia, Law as Gender inequality, N. Delhi, Oxford (1999)
Sumithra Vashnu V. Union of India 1985 SC 1618
42nd Report Law Commission, the Dissenting Note of Justice Anna Chandy on provision of adultery,
p. 366.
Towards Equality – Report of the Committee on the Status of Women (Govt. of India), Chapters IV
& Section IV General Conclusions & Recommendations.
Balram – Women workers the labour legislation in India 1984 (2) I.L.J. 1527.
Lotika Sarkar, The Law Commission of India (1988)
Indian Law Institute, Child and the Law (1979, S.N. Jain ed.)
U.Baxi, Law and Poverty : Critical Essay (1988), Eastern, Lucknow.

37
5.10.5 BANKING LAW

Note : - (i) The syllabus has been divided into three parts. Part-A shall contain 10 question (one question
from each Unit) of 1 mark each Answer of each question shall be limited upto 30 words. Part-B shall contain
10 question (two question from each Unit with internal choice) students will have to attempt 5 questions each
question will carry 3.5 marks. Answer of each question shall be limited upto 250 words. Part-C shall contain 5
questions, 1 from each unit; students will have to attempt any three questions from this part. Each question
shall carry 7.5 marks. Answer of each question shall be limited upto 500 words.
(ii) In order to ensure that students do not leave out important portions of the syllabus, examiners shall be free
to repeat the questions set in the previous examination.

Unit 1 : 1. Introduction :

Banking: definition-common law and statutory, Commercial banks:


functions, Essential functions, Agency services, General utility services,
International trading service, Information services, Emergence of multi
functional dimensions, Systems of Banking : Unit banking, branch
banking, group banking and chain banking, Banking companies in India.

Unit 2 : 1. Banks and Customers :

Customer: Meaning, Legal character of banker-customer relationship,


Rights and obligations of banks, Right of set-off, Banker‟s lien, Right to
charge interest and commission, Obligation to honour customers‟
cheques, Duty of confidentiality, Nature and justification of the duty,
Exceptions to the duty, Garnishee orders, Accounts of customers, Current
Accounts, Deposit Accounts, Joint Accounts, Trust Accounts, special
types of customers:-Lunatics, minors, agents, administrators and
executors, partnership firms and companies.

2. Control over Banks

Control by Government and its agencies, Need for – elimination of


systemic risk, avoidance money laundering, consumer protection,
promotion of fair competition on management, On account and audit, On
money lending, Reorganization and reconstruction, On suspension and
winding up, Control by Ombudsman, RBI.

Unit 3 : Control Banking Theory and the RBI

Evolution of Central Banks, Characteristics and functions of central


banks, Central bank as banker and adviser of the State, Central bank as
banker‟s bank, the Reserve Bank of India as central bank in India,
Objectives and organizational structure, Functions, Regulations of the
monetary system, Monopoly of note issue, Credit control, Determination
of bank rate policy, Open market operations, Banker to government,
Control over Non-banking financial institutions, economic and statistical
research, Staff training, Control and supervision of other banks.

38
Unit 4 : Lending by Banks

Principles of good lending, Securities for bank advances, pledge,


mortgage, charge, goods or documents of title to goods, life insurance
policies as security, debentures as security, guarantees as security, contract
of guarantee and contract of indemnity, kinds of guarantees: specific &
continuing, surety‟s rights and liabilities, Repayment, Interest: Rule
against penalties, Default and Recovery, Recovery of Debts Due to Banks
and Financial Institutions Act 1993, Establishment of; debt recovery
tribunals-constitution and functioning.

Unit 5 : 1. Merchant Banking

Merchant Banking in India, SEBI (Merchant Bankers) Regulations, 1992.

2. Letter of Credit and Demand Guarantee

Letter of Credit, Basic features, Parties to a letter of credit, Fundamental


principles, Demand Guarantee, Legal character, Distinction between
irrevocable letter of credit and demand guarantees.

BOOKS RECOMMENDED:

M.S. Parthasarathy (Ed.), Kherganvala on the Negotiable Instruments Act (1998)


Buterworth, New Delhi.

M.L. Tannen, Tannen‟s Banking law and Practice in India, (2000) India Law House, New
Delhi.
S.N. Gupta, The Banking Law in Theory and Practice, (1999) Universal, New Delhi.
G.S.N. Tripathi (Ed.) Sethi‟s Commentaries on Banking Regulation Act 1949 and Allied
Banking Laws (2000) Law Publishers, Allahabad.
Bashyam and Adiga, The Negotiable Instruments Act (1997) Bharath Law House, New Delhi
S.N. Gupta, Banks and the Consumer Protection Law (2000) Universal, Delhi.
Mukherjee. T.K., Banking Law and Practice (1999), Universal, Delhi.

39
5.10.6 LAND LAWS INCLUDING LAND ACQUISITION ACT

Note : - (i) The syllabus has been divided into three parts. Part-A shall contain 10 question (one question
from each Unit) of 1 mark each Answer of each question shall be limited upto 30 words. Part-B shall contain
10 question (two question from each Unit with internal choice) students will have to attempt 5 questions each
question will carry 3.5 marks. Answer of each question shall be limited upto 250 words. Part-C shall contain 5
questions, 1 from each unit; students will have to attempt any three questions from this part. Each question
shall carry 7.5 marks. Answer of each question shall be limited upto 500 words.
(ii) In order to ensure that students do not leave out important portions of the syllabus, examiners shall be free
to repeat the questions set in the previous examination.

THE RAJASTHAN LAND REVENUE ACT, 1956


Unit 1: The Board of Revenue (Ss. 4 to 14), Revenue Courts and Officers (Ss. 15 to
36),Appeal, Reference, Revision and Review (Ss. 74 to 87);

Unit 2: Land : use of land, use of Agricultural Land for Non-.Agricultural purposes (s.
90-A), unauthorised Occupation of Land (S. 91), Allotment of Land for
Agricultural purpose (S. 101), Survey and Record operations: General (Ss.
106 to 109) Boundary Marks (Ss. 110 to 111) Maps and Field Books (S.112)

Unit 3: Record of Rights (Ss. 113 to 121) Mutations (Ss. 122 to 137). Settlement
operation: General (Ss.142 to 146), Economic Survey (S.148) Formation of
Assessment Circles (S. 149), Soil classification (S.150), Evolution and
Modification of rent rates, preparation of rent rate reports. its submission and
finalisation (Ss. 151 1 to 167),

Unit 4: Tenants option to refuse rent determined and its effect (Ss. 168 to 172),
Preparation of Dastoor Ganwai (Ss. 173 to 174), Term of settlement (Ss. 175
to 177), Processes for Recovery of Revenue (S. 228), Writ of demand and
citation to appear (Ss. 229 and 229-A), Attachment and Sale of movable
property (S. 230), Attachment of the Land (Ss. 231 to 233), Sale of defaulters
specific Area, Path or estate (Ss. 235 to 253)

Unit 5: (1) The Rajasthan Rent Control Act, 2001 : Definition, Application, Revision
of rent, Determination of rent, eviction of tenant, right of land lord,
restriction of possession to illegally evicted tenant, constitution, powers,
Jurisdiction of Rent Tribunal, Appellate Rent Tribunal, Amenities.
(2) Land Acquisition Act.

BOOKS RECOMMENDED
S.K. Dutt : Rajasthan Land Revenue Act
S.K. Dutt: Rent Control in Rajasthan

______________

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