Academic Course : B.A - L.L.B
COURSES PRESCRIBED FOR 3 YEAR LL.B DEGREE COURSE
| Semester | Subject |
| 1st Sem | 1. Constitutional Law-I - Syllabus as per Appendix – IX |
| 2. Contract- I | |
| 3. Law of Torts | |
| 4. Family Law-I ; Hindu Law | |
| 5. Criminal Law- I ; Indian Penal Code | |
| 6. English (For those who write examinations in Kannada) Syllabus as per Appendix - II | |
| 2nd Sem | 1. Constitutional Law – II Syllabus as per Appendix - X |
| 2. Contract - II | |
| 3. Labour Law – I Syllabus as per Appendix - XI | |
| 4. Property Law | |
| 5. Family Law – II | |
| 6. Kanunu Kannada/Kannada Kali (For non-Kannadiga students) | |
| 3rd Sem | 1. Jurisprudence |
| 2. Labour Law – II Syllabus as per Appendix - XII | |
| 3. Law of Taxation | |
| 4. Criminal Law – II CRPC | |
| 5. Administrative Law | |
| 4th Sem | 1. Public International Law |
| 2. Human Rights | |
| 3. Banking Law | |
| 4. Clinical Course – I Professional Ethics | |
| 5. Clinical Course –II Alternative Dispute Resolution | |
| 5th Sem | 1. Company Law |
| 2. Civil Procedure Code CPC | |
| 3. Penology & Victimology | |
| 4. Interpretation of Statutes IOS | |
| 5. Clinical Course – III : D.P.C. | |
| 6th Sem | 1. Law of Evidence |
| 2. Environmental Law | |
| 3. White collar crimes | |
| 4. Land Law | |
| 5. Clinical Course – IV : Moot court |
I Year I Semester: Appendix - IX
Subject : I Constitutional Law-I
Objectives :
The purpose of the course is to acquaint the students with the idea that the Indian Constitution is a normative Constitution with value aspirations. The Indian Constitution envisages to establish a justice system with legal technique. The basic postulate of constitution like the constitutional supremacy, Rule of law and concept of Liberty are emphasized in this paper. Exhaustive analysis of Fundamental Rights and committed approach to Directive principles would form the essence of the course.
UNIT-1 :
Meaning and Definition of constitution : kinds of constitution, Constitutionalism, Salient features of Indian Constitution.
Preamble : Meaning, Scope, Importance, objectives and Values enshrined in the preamble.
Citizenship – modes of acquisition and termination.
UNIT-II ;
State : Definition under Article 12, New Judicial trends on concept of State Action – need for widening the definition.
Definition and Meaning of Law : Pre-constitutional and Post – Constitutional Laws, Doctrine of severability and Doctrine of eclipse, judicial review and Article -13.
Equality and social justice: General Equality clause under Article 14, New Concept of Equality, judicial interpretation of Equality.
UNIT-III ;
Protective Discrimination and Social justice under Articles 15 and 16, New Judicial trends on social justice, Constitutional provisions on untouchability under Article 17.
Right to Freedom : Freedom of speech and expression, Different dimensions – Freedom of Assembly, Association, Movement and Residence, Profession, occupation, Trade or business, Reasonable restrictions.
UNIT-IV ;
Rights of the Accused : Ex-post facto law- Double jeopardy – Right against self incrimination (Article-20) Rights of the arrested person, preventive Detention Laws, (Article 22) Right to Life and personal liberty, various facts of Life and Liberty (Article 21) Right against Exploitation, secularism – Freedom of Religion, Judicial interpretation, restrictions on freedom of religion.
UNIT-V ;
Cultural and Educational Rights of minorities : Recent trends – Right to constitutional Remedies; Article 32 and 226 – kinds of writs – Right to property (prior to 1978 and the present position) Directive Principles of State policy and Fundamental Duties – inter relation between fundamental rights and directive principles.
Prescribed book :
1. Dr. V.N. Shukla – Constitution of India
2. M. P. Jain – Indian Constitutional Law
Reference books :
1. H.M. Seervai – Constitutional Law of India
2. T.K. Tope – Constitutional Law
3. D,D, Basu Shorter constitution of India
4. S. Shiva Rao – Framing of Indian Constitution
5. Subhash. C. Kashyap – Parliamentary procedure
6. Subhash C. Kashyap – History of Indian Parliament
7. R.C. Agarwal – Constitutional Development and National Movement
8. A.B. Keith – Constitutional History of India
9. D.J. De- The constitution of India Vol. I and II.
Subject : II CONTRACT - I:
Objectives:
Contracts are at the basis of majority of transactions especially transactions dealing with the property. Whether the transaction is in the ordinary course of life or in the electronic world (ecommerce) the general principles governing contracts remain same. For this reason it is very important to introduce the students to the basic principles governing contracts and lay a powerful foundation for their study of other transactional and related laws in higher semesters.
Course content:
UNIT – I
History - Formation of Contract - Agreement and Contract - Definitions - Classification Offer and Acceptance - Communication - Revocation - Essential elements - Invitation to Offer - Tenders.
Consideration - Nudum Pactum - Essential elements - Privity of Contract and of Consideration Exceptions - Unlawful Consideration and its effect.
Contractual Ability – Electronic Documents as web pages – Digital certificates as Entry passes -
Time and place of contract – Secured custody of Electronic Records.
UNIT – II
Capacity to Contract - Minor's Agreements and its effects – Persons of unsound mind - Persons disqualified by Law.
Free Consent - Coercion - Undue influence - Misrepresentation -Fraud - Mistake - Legality of Object - Void Agreements – Agreements against Public Policy - Wagering Agreements - Its exceptions -Contingent Contracts.
UNIT – III
Discharge of Contracts and its various Modes - by performance – Time and place of performance - Performance of reciprocal promises - Appropriation of Payments - Discharge by Agreement - By operation of Law - By frustration (Impossibility of Performance) - By Breach (Anticipatory and Actual).
UNIT – IV
Remedies for Breach of Contracts - Damages - Remoteness of damages - Ascertainment of damages - injunction - When granted and when refused- Restitution - Specific performance when granted – Quasi Contracts.
UNIT – V
The Specific Relief Act
Nature of Specific Relief - Recovery of Possession of movable and immovable Property Specific performance when granted and not granted - Who may obtain and against whom Discretionary remedy - Power of Court to grant relief - Rectification of instruments -Cancellation – Declaratory decrees - Preventive relief - Temporary injunctions - Perpetual and mandatory injunctions.
Government as a contracting party: Constitutional provisions - Government powers to contract Procedural requirements - Kinds of Government Contracts, their usual clauses, performance of such contract, settlement of disputes and remedies.
Prescribed Books:
1. Avtar Singh, Law of Contracts
2. Avtar Singh, Specific Relief Act
Reference Books:
1. Pollock & Mulla, Indian Contract Act
2. P. S. Atiya, Introduction to the Law of Contract
3. G. C. Cheshire, Law of Contract
4. William Anson, Law of Contract
5. Henry Maine, Ancient Law
Subject : III LAW OF TORTS:
Objectives:
This course is designed to study the principles of Tortious liability, the defences available in an action for torts, the capacity of parties to sue and be sued and matters connection there with. Further, this course is designed to study specific torts against the individual and property. With rapid industrialization, inadequacy of the law to protect the individual is exposed. An attempt shall be accorded to the individuals against mass torts and industrial torts. Keeping in the expensive character of judicial proceedings the students should reflect on the alternative forms, and also forms, and also the remedies provided under the Consumer Protection Act, 1986.
Course content:
UNIT - I
Evolution of law of torts- Nature and scope of law of torts- Meaning-Torts distinguished from Contract- Crime- Development of Ubi jus ibi Remedium- Mental elements-Intention, Motive, Malice in Law and in Fact.
UNIT-II
General Defences, Vicarious Liability.
UNIT –III
Negligence; Nuisance; Absolute and Strict liability. Legal Remedies Awards- Remoteness of damage.
UNIT –IV
Torts against person: Torts affecting body- Assault, Battery, Mayhem and False Imprisonment; Torts affecting reputation-Libel and Slander, Torts affecting freedom-Malicious Prosecution, Malicious Civil Action and Abuse of Legal Process, Torts affecting domestic and other rights Marital Rights, Parental Rights, Rights to Service, Contractual Rights, Intimidation and Conspiracy. Torts against property.
UNIT – V
Consumer Protection Act, 1986.
Prescribed Books:
Ratanlal and Dhirajlal, Law of Torts, Nagpur:Wadhwa and co.
Singh Gurubax, Law of Consumer Protection, Jaipur: Bharat Law Publications
Reference Books:
Winfield and Jolowicz, Tort London: Sweet and Maxwell Hepple and Mathews,
Tort: Cases and Materials,
London :Butterworths Baxi Upendra and Danda Amita, Valiant victims and Lethal Litigation-The Bhopal Case, 1990 Bombay M Tripathi Pvt., Ltd., 1990 Salmond, On Torts.
Avtar Singh - The law of torts
D. N. Saraf - Law of consumer protection in India
Subject : IV FAMILY LAW-I: HINDU LAW:
Objectives:
The knowledge of family laws is important for lawyers. This course is designed to endow the students with knowledge of both the codified and uncodified portions of Hindu law. The course concerns itself with the sources, schools, institutions, succession, maintenance, menace of dowry, etc.
Course content:
UNIT – I
Introduction - Concept of Dharma - Sources of Hindu Law - Modem and Ancient - Importance of Dharma Shastra on Legislation - Two Principal Schools of Hindu Law -Application of Hindu Law.
UNIT – II
Marriage and Kinship - Evolution of the Institution of Marriage and Family- Law Prior to Hindu Marriage Act -A detailed study of Hindu Marriage Act, 1955 -Matrimonial Remedies Maintenance and Alimony. Customary Practices and legislative provisions relating to dowry prohibition.
UNIT – III
Hindu undivided family - Mitakshara Joint Family - Formation and Incidents - Property under both Schools - Kartha: His Position, Powers, Privileges and Obligations - Debts - Doctrine of Pious Obligation - Partition and Reunion -Religious and Charitable Endowment.
UNIT – IV
Inheritance and Succession - Historical perspective of traditional Hindu Law relating to Inheritance - A detailed study of Hindu Succession Act, 1956.
Stridhana- Woman's Property - Recent State and Central Amendments to Hindu Succession Act Gifts and Testamentary Succession - Wills.
UNIT – V
Law relating to Hindu Minority and Guardianship: Kinds of Guardians: Duties & Powers of Guardians. A detailed study of Hindu Adoption and Maintenance Act, 1956. Maintenance: Traditional Rights and Rights under Hindu Adoption & Maintenance Act 1956.
Prescribed Books:
Paras Diwan - Modern Hindu Law
Reference Books:
John D. Mayne - Hindu Law Usages
Mulla - Principles of Hindu Law
Paras Diwan - Law of Adoption, Ministry Guardianship's custody
J. D. M. Derrett - Hindu Law - Past and Present
Subject : V COURSE-V: CRIMINAL LAW-I: INDIAN PENAL CODE:
Objectives:
This course is designed to understand the meaning of crime, methods of controlling them and the essential principles of criminal liability by a study of a range of offences under the Indian Penal Code.
Course content:
UNIT – I
General Principles of Crime; Conceptions of Crime; Distinction between Crime and other wrongs under common Law - Crime and morality distinction - Circumstances when morality amounts to crime - State's responsibility to detect, control and punish crime.
Principles of criminal liability - Actus reus and mens rea (also statutory offences) and other maxims. Variations in liability - Mistake, intoxication, compulsion, legally abnormal persons. Possible parties to the crime: Principal in the I degree; Principal in the II degree; Accessories before the fact; Accessories after the fact.
Indian Penal Code: General Explanation, Section 6 - 33 and 39 - 52A; Punishment, Section 53 75- social relevance of Capital Punishment - Alternatives to Capital Punishment - Discretion in awarding punishment and minimum punishment in respect of certain offences with relevance to precedents (Judgments).
UNIT – II
General Exceptions, Section 76 - 106; Criminal act by several persons or group: Sections 34 38; Abetment - Sections 107 - 120; Criminal Conspiracy - Sections 120A & 120B; Offences against State – Sections 121 - 130; Offences against the public tranquility - Sections 141 - 160; Offences relating to election - Sections 171 A-I 71; Contempt of lawful authority and public servants - Sections 172 - 190; False evidence and offences against public trust - Sections 172 to 229; Offences relating to coins and Government Stamps - Sections 230 - 263A; Offences relating to weights and measures - Sections 260 - 294A; Offences relating to religion Section 295 – 298
UNIT – III
Offences affecting human life, causing miscarriage, injuries to unborn children,. Exposure of infants, concealment of birth - Hurt, grievous hurt - Wrongful restraint,. Wrong confinement Criminal force and Assault (Sections 299 - 358)
UNIT – IV
Kidnapping, Abduction - Slavery and forced labour - Rape: custodial rape, marital rape Prevention of immoral traffic,. Prevention of sati – Prohibition of indecent representation of women,. Unnatural offences, theft, robbery and dacoity - Criminal Misappropriation of property ,. Criminal breach of trust - Receiving of stolen property - Cheating - Fraudulent deeds and disposition of property (Section 378 - 424)
UNIT – V
Mischief (Sections 425 - 440) ,. Criminal Trespass (Sections 441 - 462) - Offences relating to document and property marks (Sections 463 - 480) - Offences relating to marriage (Sections 493 - 498 A) ,. Defamation (Sections 499 - 502). Criminal intimidation and annoyance and attempt to commit such offences, Sections 506 - 511
Prescribed Books:
Rathanlal and Dhirajlal- Indian Penal Code.
Kenny's Outlines of English Criminal Law.
References Books:
K. D. Gaur - A Text Book on the Indian Penal Code
P. S. Achuthan Pillai - Criminal Law.
Glanville Williams - Criminal Law
Subject : VI English : (For those who write Examination in Kannada )
Syllabus as per Appendix - II
Objectives :
English is a forceful language with a rich vocabulary that can make a positive impact on the outcome of a case. Knowledge of English is essential to understand the precepts, principles and underlying meaning of the Law Some judgments may come in vernacular languages at the lower courts, but the importance of English both at the lower and higher courts cannot be denied. A budding lawyer with a good command over the regional as well as English language can become a competent judicial officer as well as a successful lawyer. So, the need of the hour is to perform well in the field of Law.
The prose text introduces a student to the nuances of the legal profession and the social responsibilities of a lawyer The syllabus also aims to strengthen the basic features of the English language, as well as the importance of vocabulary and their usage. Comprehension of unseen passages helps to understand important ideas and paves the way for logical thinking. Translation is an intellectual and demanding task, as it fine tunes the drafting skills and facilities learning as well. Translations of old vernacular legal documents are vital for the outcome of a case.
UNIT-1 :
1. Law and Lawyers - M.K. Ganghi.
UNIT-2 :
1. Articles, parts of Speech / their usage, some word used as different parts of speech.
2. Identification of errors.
3. Types of sentences, transformation of sentences.
4. Change of voice.
5. Reported speech.
6. Idioms.
7. Legal words and their usage.
UNIT-3 :
Applied writing :
1. Paragraphs Writing
2. Report Writing / Press Report.
3. Prescribed writing, Summarizing.
4. Essay Writing.
5. Cohesive devices.
6. Comprehension passages.
7. Letter Writing.
UNIT-4 :
Professional Writing :
1. Petitions.
2. Notices.
3. Refutation.
4. Essay Writing on topics of legal interest.
5. Comprehension legal content.
6. Legal words and their usages.
7. Use of Cohesive legal devices.
UNIT-5 :
Translation:
1. Principles of Translation.
2. Translation exercises ( Translation from legal texts and decided cases)
Text and reference Books :
1. The law and lawyers by M.K. Gandhi, compiled and edited by S.B. Kher, Navajivan publishing
House, Ahmedabad.
2. Contemporary English Grammar, David Green, Macmillan Ltd.,
3. Legal language writing and General English by Dr. S.C. Tripathi, Cantal Law publications
4. Wren and Martin English Grammar and Composition.
5. Legal Language, Legal writing and General English by Dr. S.C. Tripathi, Central Law
publications.
6 ಅನುವಾದ ಕಲೆ – ಎಸ್. ನಾಗಭೂಷಣ
7. ಭಾಷಾಂತರ ಸೌರಭ್ - ಲಕ್ಷ್ಮೀನಾರಾಯಣರೋರಾ
8. ಭಾಷಾಂತರ ಕಲೆ – ಪ್ರಧಾನ ಗುರುದತ್
9. ಭಾಷಾಂತರ – ಕನ್ನಡ ವಿ.ವಿ. ಪ್ರಕಟಣೆ
10. ಭಾಷಾಂತರ ಸಂಸ್ಕ್ರತಿಕ ನೆಲೆಗಳು - ಕನ್ನಡ ವಿ.ವಿ. ಪ್ರಕಟಣೆ
I Year II SEMESTER :
Subject : I Constitutional Law –II Appendix – x
Objectives :
This course gives the students a picture of constitutional parameters regarding the organization, powers and functions of the various organs of the Government. The emphasis is also on the study of the nature of federal structure and its functioning . A Critical analysis of the significant judicial decisions is offered to highlight judicial restraint, judicial activism and judicial balancing. Finally, the students should be able to articulate their independent views over contemporary crucial constitutional issues.
UNIT - I ;
Federal System : Organization of State.
Relationship between the centre and the state : Legislative, Financial and Administrative, Co-operative Federalism and recommendation of Commission.
Freedom of Trade and Commerce, Official Language, Local self- government with special emphasis on 73rd and 74th Amendment.
Constitutional provision of Jammu and Kashmir ( Art 370)
UNIT- II ;
Executive : Centre and state : President and Governor ; powers and functions.
Parliament and State Legislature : Bicameralism, Composition, powers and function.
Councils of ministers : collective responsibility, position of prime Minister and Chief Minister.
UNIT – III :
Speaker ; Parliament and State Legislature, powers and functions, privileges Anti-defection law.
Judiciary ; Union and States, appointment, powers, jurisdiction, and Transfer of judges.
UNIT-IV;
Subordinate judiciary: Administrative Tribunals.
Public service commission; services under the centre and the state, Constitutional protection to civil servants.
Election Commission ; powers and functions.
State Liability for Torts and Contract.
UNIT-V;
Emergency : Types, Effects and effects on Fundamental Rights,
Constitutional interpretation
Amendment ; Basic structure theory Schedules,
Review of working of the Constriction.
Prescribed books :
1. M.P. Jain – Indian Constitutional Law vol I & II
Reference Books :
1. H.M. Selvaraj – Constitutional Law of India
2. V.N. Shukla – Constitution of India
3. T.K. Tope – Constitutional Law
4. S.Shiva Rao – Framing of Indian Constitution.
5. Subash C. Kashyap – Parliamentary procedure,
6. Subash C. Kashyap – Constitution of India
7. D.J. De – the constitution of India, vol I and II
8. J. N. Pandey – Constitutional Law of India
9. D.D. Basu – Constitutional Law of India.
Subject : II CONTRACT-II:
Objectives:
In the society wherein all major ventures are getting corporatized, a law student should acquaint himself with the knowledge of special contracts apart from equipping himself with general principles of contract. This law is contained in several legislations apart from the Indian Contract Act. This course equips the students to better appreciate the legal services required in a corporate office so that he can enhance his relevance as a lawyer in society.
Course content:
UNIT – I
Contract of Indemnity - Documents! Agreements of Indemnity - Definition, Nature and Scope Rights of indemnity holder - Commencement of the indemnifier's liability - Contract of Guarantee - Definition, Nature and Scope - Difference between contract of indemnity and Guarantee – Rights of surety - Discharge of Surety - Extent of Surety's liability - Co-surety.
Contract of Bailment - Definition - Kinds - Duties of Bailer and Bailee -Rights of Finder of goods as Bailee - Liability towards true owner -Rights to dispose of the goods.
Contract of pledge - Definition - Comparison with Bailment - Rights and duties of Pawnor and Pawnee
UNIT – II
Agency - Definition - Creation of Agency - Kinds of Agents – Distinction between Agent and Servant - Rights and Duties of Agent - Relation of Principal with third parties - Delegation Duties and Rights of Agent - Extent of Agents authority - Personal liability of Agent Termination of Agency.
UNIT – III
Indian Partnership Act - Definition - Nature, Mode of determining the existence of Partnership - Relation of Partner to one another - Rights and duties of partner - Relation of partners with third parties - Types of partners - Admission of partners - Retirement - Expulsion -Dissolution of Firm - Registration of Firms.
UNIT – IV AND UNIT – V
Sale of Goods Act - The Contract of sale - Conditions and Warranties - Passing of property Transfer of title - Performance of the Contract - Rights of Unpaid Seller against goods Remedies for Breach of Contract
Prescribed Books:
Avtar Singh - Law of Contract
J. P. Verma - The Law of Partnership in India
Saharay H. K - Indian Partnership and Sale of Goods Act
Krishnan Nair - Law of Contract
Hire Purchase Act
Reference Books:
Pollock and Mulla - Indian Contract Act
Anson - Law of Contract
A vtar Singh - Sale of Goods Act
Mulla - Sale of Goods Act
S. D. Singh and S. P. Gupta - Law of Partnership
Subject : III LABOUR LAW-I Appendix – XI
OBJECTIVES :
In this course, the students are to be acquainted with the Industrial relations framework, Further, the importance of the maintenance of industrial peace and efforts to reduce the incidence of strikes and lockouts are to be emphasised. The main objective is to critically examine the provisions in the Trade Unions Act, 1926; the machineries contemplated under the Industrial Disputes Act, 1947 for the prevention and settlement of Industrial disputes and other matters. Further, the objectives underlying the Industrial Employment (Standing orders ) Act, 1946 and Disciplinary Enquiry for misconduct are to be studied with a view to acquaint misconduct and the procedure to be followed before imposing punishment for misconduct alleged and established.
Referring wherever necessary to the constitutional provisions and the ILO conventions and recommendations will do learning of these legislations. We will be looking at the judicial response, legislative response and probable amendments required to the industrial relations laws to meet the challenges posed by economic liberalisation. In order to understand the above mentioned legislations in their proper perceptive, a brief historical background of these legislations will also be examined.
In this course, students shall also acquaint with legal frame-work relating to social security and welfare. The concept of social security, its importance and also constitutional basis for the same are introduced. The importance of ensuring health, safety and welfare of the workmen, social assistance and social insurance schemes and the regulation of wages under various legislations are to be emphasised. The objective is also to understand the provisions of the Employees Compensation Act, 1923, the Employees state Insurance Act, 1948, the payment of Wages Act, 1936, the Factories Act, 1948. These legislations are to be studied with a view to acquaint the students regarding various rights and benefits available to the workmen thereunder. Legislations are to be analysed by examining historical background, objectives underlying these legislations, judicial interpretations, and effectiveness of these legislations in the changed economic policies.
UNIT-1 ;
Historical aspects – Master and slave Relationship, Trade Unionism in India and UK- Enactment of the Trade Unions Act, 1926- ILO conventions relating to Trade Unions and relevant constitutional provisions.
A bird's eye view of the Act- Definitions – Trade Union, Trade Dispute, etc., provisions relating to registration, withdrawal and cancellation of registration – Funds of Trade Union, Immunities, problems of Trade Union, Amalgamation of Trade Union – Recognition of Trade unions – Methods, need and efforts in this regard, Collective Bargaining – Meaning, methods, status of collective bargaining settlements, collective bargaining and liberalisation.
UNIT-II ;
Historical Background and introduction to the Industrial Disputes Act, 1947 – Definitions – Industry, workman, Industrial Dispute, Appropriate Government etc.,, Authorities / Industrial Dispute resolution machinery – works committee, Conciliation and Board of Conciliation – powers and Functions, court of Inquiry, Grievance settlement Authority.
Voluntary Arbitration U/S 10-A, Compulsory, Adjudication – Government's power of reference U/S-10 – Critical analysis with reference to decided cases. Compulsory Adjudication – Composition, Qualification, jurisdiction, powers of adjudication authorities – Award and settlement – Definition, period of operation, binding nature and juridical Review of award.
UNIT-III
Law relating to regulation of strikes and lockouts – Definition of strikes and lockouts, Analysis with reference to judicial interpretations, Regulation U/S 22,23,10-A (4-A) and 10(3), Illegal strikes and lockouts, penalties – regulation of job losses – concepts of lay-off, Retrenchment, closure and transfer of undertakings with reference to statutory definition and judicial interpretations – Regulation of job losses with reference to the provisions of ID Act, 1947- Regulation of managerial prerogatives – Sec 9A, 11A, 33 and 33A of ID Act,1947 – certified standing orders – meaning and procedure for certification, certifying officers – powers and Functions, etc.,
UNIT-IV
Concept and importance of social security – Influence of I.L.O – constitutional Mandate. The employees compensation Act, 1923 – Definitions – employee, employer, dependent, partial disablement, total disablement etc., Employer's liability for compensation – conditions and Exceptions – procedure for claiming compensation, commissioner-jurisdiction, powers etc.,
The employees state Insurance Act 1948, - Definitions – Employment injury, contribution, dependent, employee, principal employer, etc., Employees state Insurance funds – contribution, Benefits available – Administrative mechanism – E.S.I. corporation, standing committee, medical benefits council – composition, powers, Duties – Adjudication of disputes – E.S.I. courts, comparative analysis of the E.S.I. Act, 1948, with the employees compensation Act, 1923.
UNIT-V
The payment of wages Act, 1936- Definitions – employed person, factory, industrial and other establishment, wages, etc., - Deductions – Authorities – Inspectors and payment of wages authority.
The Factories Act, 1948 – Definitions – factory, manufacturing process, occupier, worker, hazardous process etc., provisions of the Factories Act relating to health, safety and welfare of workers – provisions relating to Hazardous process – provisions relating to working conditions of employment – working Hours, weekly leave, annual leave facility – provisions relating to regulation of employment of women, children, and young persons.
Books Prescribed :
- S.C. Srivastava – Industrial Relations and Labour Laws.
- Dr. V.G. Goswami –Labour Industrial Laws
- S.N. Mishra – Labour and Industrial Laws.
- S.C. Srivastava, Treatise on social security.
- The Trade Unions Act 1926.
- The Industrial Disputes Act, 1947
- The Industrial Employment (Standing orders) Act, 1946.
- The Employees Compensation Act, 1923
- The Employees state Insurance Act 1948.
- The payment of wages Act, 1936.
- The Factories Act, 1948.
Reference books :
- O.P. Malhotra – Law of Industrial Disputes.
- G. Ramanjum – Indian Labour Movements.
- P.L. Malik – Industrial Law.
- Mamoria and Mamoria – Dynamics of Industrial Relations.
- First National Labour Commission Report, 1969.
- Second National Labour commission Report 2002.
- International Labour Conventions and Recommendations.
Subject : IV PROPERTY LAW
Objectives:
The focuses of this course in on the study of the concept of 'Property' the' nature of property rights' and the general principles governing the transfer of property. A detailed study of the substantive law relating to particular transfers, such as sale, mortgage, lease, exchange, gift and actionable claims will also be undertaken. The course also includes an exposure into the concept of trust.
Course content:
UNIT – I
General principles of Transfer of Property by Act of parties inter- vivos- Concept and meaning of immovable property- Transferable Immovable Property- Persons Competent to transfer Operation of Transfer- Conditions restraining alienation and restrictions repugnant to the interest created- rule against perpetuity and exceptions- Direction for accumulation- Vested and Contingent interest.
UNIT – II
Doctrine of election- transfer by ostensible and co-owner- Apportionment- Priority of rights Rent paid to holder under defective title- Improvements made by bonafide holder- Doctrine of Lis pendense-Fraudulent transfer and part-performance
UNIT – III
Mortgages of Immovable property: Definition- Kinds of mortgages and their features- Rights and liabilities of mortgagor and mortgagee- Priority of securities- Marshalling and contribution Charges.
UNIT – IV
Sale of immovable property: Rights and liabilities of seller and buyer before and after completion of sale- Difference between sale and contract for sale. Leases of immovable property: Definition- Scope- creation of lease- rights and liabilities of lessor and lessee- Determination and holding over. Exchange: Definition and mode- Actionable Claims. Gifts: Scope- meaning- mode of transfer- universal gifts- onerous gifts.
UNIT – V
Law of Trusts with Fiduciary Relations: Definitions of Trust and its comparison with other relationships like Debt, Ownership, Bailment, Agency and Contract. Kinds of Trusts- Creation of Trust- Appointment of Trustees- Duties and Liabilities of Trustees- Rights and Powers of Trustees- Disabilities of Trustee- Rights and Liabilities of the Beneficiary- Vacating the office of trustee and Extinction of Trusts.
Prescribed Books:
Mulla - Transfer of Property Act, 1882.
M. P. Tandon - Indian Trust Act.
Reference Books:
Subbarao - Transfer of Property
Shah - Principles of the Law of Property
Shukla - Transfer of Property Act
Menon - Property Law
M. P. Tandon - Indian Trust Act.
Subject : V FAMILY LAW -II: MOHAMMEDAN LAW AND INDIAN SUCCESSION ACT:
Objectives:
The knowledge of family laws is important for lawyers. This course is designed to endow the students with knowledge of both the codified and uncodified portions of Mohammedan Law. The course concerns itself with the sources, schools, institutions, succession, maintenance, menace of dowry, etc. In addition the students have to familiarize themselves with the provisions of the Indian Succession Act.
Course content:
UNIT-I
Development of Islamic Law: Advent of Islam & development of Muslim Law, Schools of Islamic Law, the Shariat Act, 1937. Concept of Marriage: Definition, object, nature, essential requirements of a Muslim marriage, classification of marriage - Legal effects of valid, void and irregular marriage - Muta marriage; Sources of Islamic law; Customary practices and State regulation: Polygamy; Child marriage; Pre-emption; Wakf; Dower.
UNIT –II
Conversion and its consequences on family: Marriage, Guardianship, Succession. Child and Family: Legitimacy, Custody, maintenance and education, Guardianship and parental rights
UNIT-III
Matrimonial Remedies under Islamic Law and Indian Divorce Act,1869(Amended Act) Nullity of marriage - Bar to matrimonial relief. Alimony and Maintenance: Alimony and Maintenance as an independent remedy- A review under Muslim law, Indian Divorce Act, 1869, provisions under the Criminal Procedure Code, 1973. Maintenance of divorced Muslim Women under the Muslim Women (Protection of Rights on Divorce) Act, 1986.
UNIT –IV
Will and Inheritance: Will-Meaning, difference between will and gift, Will made in death bed or during illness; Muslim law of Inheritance - Shia and Sunni schools. Distribution of property under Indian Succession Act of 1925( Of Christians, Parsis and Jews)- Domicile - Parsis Intestate succession and Non Parsis Intestate succession, Succession certificate, Probate and letters of administration, powers and duties of executor.
UNIT – V
Wills - Privileged and unprivileged wills - Construction of Wills in brief - Void bequests, void wills, kinds of legacies - Protection of property of the deceased. Family Courts Act, 1984Constitution, powers, and its functions. Need for Uniform Civil Code- Article 44 of Indian Constitution.
Prescribed Books:
Mulla - Principles of Mohammedan Law
Paras Diwan - Law of Intestate and Testamentary Succession
Reference Books:
B B Mitra - Indian Succession Act, 1925
A. A. A Fyzee - Outlines of Mohammedan Law
D. D Basu - Law of Succession
Paras Diwan - Family Law: Law of Marriage and Divorce in India
A. M Bhattachargee - Muslim Law and the Constitution
Tahir Mohamood - Mohammedan Law.
Indian Divorce Act, 1869 - Bare Act
Subject : VI 1st Year II Semester
Subject ; VI KANNADA / KANNADA KALI
Kannada -1 ಕಾನೂನು ಕನ್ನಡ
Kannada subject is for those students who have taken
Kannada in 10th standard and Pre-University course as their first language.
ಕೋರ್ಸ್ 1 : ಕಾನೂನು ಕನ್ನಡ
ಘಟಕ – 1 ಚೆಲುವ ಕನ್ನಡ ನಾಡು
ಘಟಕ – 2 ಸಾಹಿತ್ಯದಲ್ಲಿ ಸಾಮಾಜಿಕ ಮೌಲ್ಯಗಳು ಮತ್ತು ಕಾನೂನು
ಕಾನೂನಿನ ಜಗತ್ತಿನಲ್ಲಿ ಭಾಷೆ ಮತ್ತು ಸಾಹಿತ್ಯ ; ಡಾ. ಪಿ. ಈಶ್ವರ್ ಭಟ್.
1) ದುಜðನರ ಸಂಗ ಬೇಡ - ವಚನ ಸಾಹಿತ್ಯ
2) ಕುಲ ಕುಲ ಕುಲವೆಂದು ಹೊಡೆದಾಡದಿರಿ – ದಾಸ ಸಾಹಿತ್ಯ
3) ಆಳಾಗಬಲ್ಲವನು ಆಳುವನು - ಸವðಜ್ಞ
4) ಪೆಣ್ಣು ಪೆತ್ತವರು ಪೆಚ್ಚುವರು - ಸಂಚಿ ಹೊನ್ನಮ್ಮ
5) ದುಡ್ಡು ಕೊಟ್ಟಿದ್ದು ನೋಡಣ್ಣ - ಶಿಶುನಾಳ ಶರೀಫ
6) ಕುರುಡು ಕಾಂಚಾಣ - ಅಂಬಿಕಾತನಯದತ್ತ
7) ಕಷ್ಟ ನೀತಿ ನಿದ ಹೊರೆ - ಡಿ.ವಿ.ಜಿ.
8) ಯಾವ ಕಾಲದ ಶಾಸ್ತ್ರವೇನು ಹೇಳಿದರೇನು ? ಕುವೆಂಪು
9) ಮೂರನೆಯ ಸಲಹೆ - ಕೆ.ಎಸ್. ನರಸಿಂಹಸ್ವಾಮಿ.
10) ವಿಚಾರಣೆ - ಜಿ.ಎಸ್. ಶಿವರುದ್ರಪ್ಪ
11) ಹಕ್ಕು - ಕೆ.ಎಸ್. ನಿಸಾರ್ ಅಹಮದ್.
12) ಸಾವಿರಾರು ನದಿಗಳು - ಸಿದ್ದಲಿಂಗಯ್ಯ
13) ನ್ಯಾಯಾದೀಶ - ರವೀಂದ್ರನಾಥ ಠಾಗೂರ್.
14) ಎರಡು ನೆನಪುಗಳು - ನವರತ್ನ ರಾಮರಾವ್.
15) ಜೋಗ್ಯೋರ ಅಂಜನಪ್ಪನ ಕೋಳಿ ಕತೆ - ಶ್ರೀನಿವಾಸ
16) ಒಂದು ಉಪಾಯ ! ಕೋ ಚನ್ನಬಸಪ್ಪ
ಘಟಕ – 3 ಭಾಷೆ ಮತ್ತು ಕಾನೂನು :
1) ಕನ್ನಡ ಭಾಷೆಯ ಪ್ರಾಚೀನತೆ.
2) ಆಡಳಿತ ಬಾಷೆಯಾಗಿ ಕನ್ನಡ
3) ಕನ್ನಡದಲ್ಲಿ ಕಾನೂನು ಸಾಹಿತ್ಯ ಬೆಳೆದುಬಂದ ದಾರಿ – ಡಾ. ಪಿ. ಈಶ್ವರ್ ಭಟ್.
4) ಭಾಷೆ ಮತ್ತು ಸಾಂವಿಧಾನಿಕ ಹಕ್ಕುಗಳು - ಡಾ. ಪಿ. ಈಶ್ವರ್ ಭಟ್.
ಘಟಕ – 4 ಕಾನೂನು ಪತ್ರ ವ್ಯವಹಾರ :
1) ಮಾಲೀಕ – ನೌಕರರ ಕರಾರು ಪತ್ರ
2) ಬಾಡಿಗೆ ಕರಾರು ಪತ್ರ
3) ಸಾಲದ ಕರಾರು ಪತ್ರ
4) ಕ್ರಯಪತ್ರ
5) ಪಾಲು ವಿಂಗಡಣೆ / ವಿಭಾಗ ಪತ್ರ
6) ಅಧಿಕಾರ ಪತ್ರ / ಮೊಕ್ತ್ಯರು ನಾಮೆ
7) ನೋಟಿಸು
8) ವಾದ ಪತ್ರ
10) ಪ್ರಮಾಣ ಪತ್ರ
11) ಉಯಿಲು
ಘಟಕ – 5 ರಚನೆ ಮತ್ತು ಭಾಷಾಭ್ಯಾಸ
1) ಗಾದೆ ವಿಸ್ತರಣೆ
2) ಪ್ರಭಂಧ ರಚನೆ
3) ಸಂಕ್ಷೇಪ ಲೇಖನ
4) ಭಾಷಾಂತರ
ಅನುಭಂದ ;
1) ಎರವಲು ಪದಗಳು
2) ಕಾನೂನು ಪದಕೋಶ
ನಿಗಧಿಪಡಿಸಲಾದ ಪಠ್ಯಪುಸ್ತಕ : ' ಕಾನೂನು ಕನ್ನಡ' ಕರ್ನಾಟಕ ರಾಜ್ಯ ಕಾನೂನು ವಿಶ್ವವಿದ್ಯಾಲಯ, ಹುಬ್ಬಳ್ಳಿ 2020
ಪರಾಮಶðನ ಗ್ರಂಥಗಳು ;
ಡಾ. ಪ್ರಧಾನ್ ಗುರುಧತ್ತ , ಭಾಷಾಂತರ ಕಲೆ (2007)
ಜಯತೀಥð ಭಾರತಿ (2009)
ಜಯತೀಥð ರಾಜಪುರೋಹಿತ, ಕನ್ನಡ ತೀಪುðಗಳು (1977)
ಕಂಠೀರಾವ್ ಭಾರತೀಯ ನ್ಯಾಯ ಪದ್ದತಿ (1985)
ಎಚ್ಚೆಸ್ಕೆ ಕಾನೂನು ಕನ್ನಡ (2018)
ಜಿ. ವೆಂಕಟಸುಬ್ಬಯ್ಯ - ಎರವಲು ಪದಕೋಶ
ರಂ. ಶ್ರೀ. ಮುಗಳಿ – ಕನ್ನಡ ಸಾಹಿತ್ಯ ಚರಿತ್ರೆ.
ಕರ್ನಾಟಕ ಸರಕಾರ , ಕಾನೂನು ಪದಕೋಶ
ರಾ.ಯ. ಧಾರವಾಡಕರ ,ಕನ್ನಡದಲ್ಲಿ ಕಾನೂನು ಸಾಹಿತ್ಯ
ಮುಖ್ಯಮಂತ್ರಿ ಚಂದ್ರು ಮತ್ತು ಡಾ. ಎ. ಮುರಿಗೆಪ್ಪ ಆಡಳಿತ ಕನ್ನಡ (2009)
ಜ್ಯೋತಿ ಮುತಾಲಿಕ ದೇಸಾಯಿ, ಜಾನಪದ ಸಂಸ್ಕ್ರತಿಯಲ್ಲಿ ಮಾನವಿಕ ಹಕ್ಕು ಮತ್ತು ಕತðವ್ಯಗಳ ಪರಿಕಲ್ಪನೆ. (2017)
ಎಚ್. ಎಂ. ಚನ್ನಪ್ಪಗೋಳ, ಕನ್ನಡ ಸಾಹಿತ್ಯೋಕ್ತ ಅಪರಾಧ ಮತ್ತು ದಂಡನೆಗಳು (2009)
Kannada Kali -1
Kannada kali subject is for those students who have taken Sanskrit or other languages except Kannada in 10th standard and Pre-University course and Kannada Kali is for those students who have come from the other state.
Appendix – VIII-A
ಕನ್ನಡೇತರ ವಿದ್ಯಾರ್ಥಿಗಳಿಗಾಗಿ ರಚಿಸಲಾದ ಪಠ್ಯಕ್ರಮ 2018-2019
ಕನ್ನಡ ಕಲಿ
(ಪಠ್ಯ ಕ್ರಮ)
ಉದ್ದೇಶಗಳು :
ಕನ್ನಡ ಕಲಿ ಎಂಬ ಈ ಭಾಷೆಯು ಪಠ್ಯವನ್ನು ಪದವಿಯ ಶಿಕ್ಷಣ ತರಗರತಿಯಲ್ಲಿ ಅಬ್ಯಾಸ ಮಾಡುತ್ತಿರುವ ಕನ್ನಡೇತರ ವಿದ್ಯಾರ್ಥಿಗಳಿಗಾಗಿ ರಚಿಸಲಾಗಿದೆ, ಹೊರ ರಾಜ್ಯಗಳಿಂದ ನಮ್ಮಲ್ಲಿ ಶೈಕ್ಷಣಿಕ ವ್ಯಾಸಂಗಕ್ಕಾಗಿ ಬರುವ ಕನ್ನಡೇತರ ವಿದ್ಯಾರ್ಥಿಗಳಿಗೆ ಕನ್ನಡ ಬಾಷೆಯ ಜ್ಞಾನ ಅತ್ಯವಶ್ಯಕವಾಗಿರುವುದರಿಂದ ಕರ್ನಾಟಕ ರಾಜ್ಯ ಕಾನೂನು ಮಹಾವಿದ್ಯಾಲಯ ವ್ಯಾಪ್ತಿಗೆ ಒಳಪಡುವಂತಹ ಕಾನೂನು ಮಹಾವಿದ್ಯಾಲಯಗಳಲ್ಲಿ ಕನ್ನಡ ಬಾಷಾ ಜ್ಞಾನವನ್ನು ಕಡ್ಡಾಯಗೊಳಿಸುವ ಸದುದ್ದೇಶದಿಂದ ಪಠ್ಯಕ್ರಮದಲ್ಲಿ ' ಕನ್ನಡ ಕಲಿ' ಎಂಬ ಪುಸ್ತಕವನ್ನು ನಿಗದಿಪಡಿಸಲಾಗಿದೆ.
ಕನ್ನಡೇತರ ವಿದ್ಯಾರ್ಥಿಗಳ ಅಧ್ಯಯನಕ್ಕೆಂದು ರಚಿಸಲಾಗಿರುವ ಕನ್ನಡ ಕಲಿ ಪಠ್ಯವನ್ನು ಈ ಕ್ಷೇತ್ರದಲ್ಲಿ ಪರಿಣಿತರಾದ ಶ್ರೀ ಲಿಂಗದೇವರು ಹಳೆಮನೆ ಅವರು ವಿಶೇಷ ಪರಿಶ್ರಮದಿಂದ ಮತ್ತು ಈ ಕ್ಷೇತ್ರದ ತಮ್ಮ ಸುದೀಘð ಅನುಭವದಿಂದ ತುಂಬಾ ಆಸಕ್ತಿ ವಹಿಸಿ ರಚಿಸಿಕೊಟ್ಟಿದ್ದಾರೆ, ಕನ್ನಡ ಬಾಷೆಯನ್ನು ಅತ್ಯಂತ ಸುಗಮವಾಗಿ ಕಲಿಯಲು, ಪ್ರಯೋಗಿಸಲು ಮತ್ತು ಅದರಲ್ಲಿ ವ್ಯವಹರಿಸಲು ಮತ್ತು ಆ ಮೂಲಕ ತಮ್ಮ ವಿಷಯ ಕ್ಷೇತ್ರದಲ್ಲಿ ಈ ನಾಡವರೊಡನೆ ಅರ್ಥಪೂಣð ಸಂಪಕð ಮತ್ತು ಸಂವಹನವನ್ನು ಸಾಧಿಸಲು ನೆರವಾಗುವ ರೀತಿಯಲ್ಲಿ ಇದು ರಚಿತವಾಗಿದೆ.
ಕನ್ನಡ ಭಾಷೆಯ ಸಂರಚನೆಯನ್ನು ತಿಳಿಸಲಾಗಿದೆ. |
ಘಟಕ - 1 (Unit - 1) |
ಘಟಕ - 2 (Unit - 2 ) |
ಘಟಕ - 3 (Unit - 3 ) |
ಘಟಕ - 4 (Unit - 4 ) |
ಘಟಕ - 5 (Unit - 5 ) |
ಕನ್ನಡ ಕಲಿ ಲೇಖಕರು : ಶ್ರೀ ಲಿಂಗ ದೇವರು ಹಳೆಮನೆ (ಕನ್ನಡ ವಿಶ್ವವಿದ್ಯಾಲಯ, ಹಂಪಿ, ಬಳ್ಳಾರಿ)
II Year III SEMESTER ;
Subject : I JURISPRUDENCE:
Objectives:
Any academic discipline, worthy of the name, must develop in the student the capacity for critical thought Legal education needs to teach both law and its context- social, political and theoretical.
At the heart of legal enterprise is the concept of law Without deep understanding of this concept neither legal practice nor legal education can be a purposive activity This course in Jurisprudence is designed, primarily, to induct students into a realm of questions concerning nature of law Therefore, the first part of the course is concerned with important questions like, what is law What are the purposes of law? the relationship between law and justice and the like The second part is concerned with the important sources of law The emphasis is on important issues concerning law with reference to ancient and modern Indian Legal Thought.
One important branch of Jurisprudence consists in analysis of legal concepts The law of contract and tort is concerned with different rights which one person may have against another Jurisprudence, on the other hand, studies the meaning of the term "rights" in the abstract and seeks to distinguish various kinds of rights which are in theory possible under a legal system Similarly it investigates other legal concepts and tries to build up a general and more comprehensive picture of each concept as a whole This course is designed primarily on English model but native India Orientation is given wherever possible.
Course content:
UNIT –I
Meaning and nature of 'Jurisprudence' - Purpose and value of Jurisprudence -Schools of Jurisprudence: Natural law, Imperative Theory, Legal Realism, Historical School, Sociological School.
UNIT – II
Functions and purpose of law, questions of law, fact and discretion - Justice and its kinds - Civil and Criminal Administration of Justice - Theories of Punishment and Secondary functions of the Court
UNIT – III
Sources of Law: Legislation, Precedent and Custom - A Comparative Study
UNIT –IV
Legal Concepts: Right and Duty, Kinds, Meaning of Right in its wider sense -Possession: Idea of Ownership, kinds of Ownership, Difference between Possession and Ownership - Nature of Personality, Status of the Unborn, Minor, Lunatic, Drunken and Dead Persons.
UNIT-V
Liability: Conditions for imposing liability - Wrongful act: Damnum Sine injuria, causation, mens rea, intention, malice, negligence and recklessness, strict liability, vicarious liability, obligation.
Prescribed Books:
Fitzgerald - Salmond on Jurisprudence
R W M Dias - Jurisprudence
Reference Books:
W Friedman - Legal Theory
V D Mahajan - Jurisprudence and Legal Theory
Paton - Jurisprudence
Edgar Bodenheimer – Jurisprudence
Subject : II LABOUR LAW-II Syllabus as per Appendix – XII
OBJECTIVES :
In this course, students are to be acquainted with legal frame-work relating to social security and welfare. It is necessary to know the concept of social security, its importance and also constitutional basis for the same. The importance of ensuring health, safety and welfare of the workmen and social assistance and social insurance schemes under various legislations are to be emphasized. The main theme underlying the programme is to critically examine provisions of the Factories Act, 1948, the child Labour (Prohibition and Regulation) Act, 1986, the contract Labour (Relation and Abolition) Act 1970, the Minimum wages Act, 1948, the payment of Bonus Act, 1965, the payment of Gratuity Act, 1972, the Employee's State Insurance Act, 1948, the Employees Provident Fund (Family pension Fund and Deposit Linked Insurance Fund)Act, 1952, the Maternity Benefit Act 1961, the Unorganized Sector workers social security Act 2008, These Legislations are to be studied with a view to acquaint the students regarding various rights and benefits available to the workmen thereunder. These Legislations are to be analyzed by examining historical background, objectives underlying these legislations, judicial interpretations and effectiveness of these legislations in the changing times.
UNIT-1 : Constitutional Dimensions of Industrial Relations and Labour :
Constitutional and Labour Welfare – The Bonded Labour System Abolition Act 1976 – The Equal Remuneration Act, 1976 – the Inter-state Migration of workers Act 1979 – the sexual Harassment of workplace (prevention, prohibition and Redressal) Act 2013.
UNIT-II ; Wages, Bonus and Gratuity :
Concept of Wages – Theories of wages and kinds of wages. The minimum wages Act 1948 – Definitions – appropriate government, employer, employee, scheduled employment, etc. – Fixation of Minimum rates of wages – Methods – Regulation and working conditions – payment of wages, Working Hours, etc.,
Bonus – context – a claim for share in profits even after payment of wages according contract of employment ? Is it a breach of contract or an implied term of the contract ? – concepts of bonus and right to share in profits – The payment of Bonus Act 1965 – definitions – provisions relating to payment of bonus – judicial interpretations and constitutionality of the provision relating to Governments power to exempt.
Gratuity – Context – reward for long drawn loyal service – employees liability or good gesture ? Historical developments. The payment of Gratuity Act 1972 – definitions – judicial interpretation and parliamentary amendment of the definition of employee – payment of gratuity – determination of the amount of gratuity – authorities.
UNIT-III Protection of Child Labour and contract labour :
Child labour – practice and reasons for child labour – competing views on necessity and feasibility of abolition of child labour – Human rights perspective and constitutional provisions for the protection of Child – the child labour (prohibition and Regulation ) Amendment Act 2016, and criticisms.
Abolition and regularization of contract labour, regulation of contract labour under the contract Labour (Regulation and Abolition) Act 1970 – judicial decisions relating absorption of sham practice of contract Labour – evaluation of the working of the Act in the present days.
UNIT-IV Social Security :
The Employee's provident Fund (Family pension Fund and Deposit Linked Insurance Fund) Act 1952 – Definitions – Contribution, employee, employer, factory, fund etc – provident fund scheme, family pension scheme, employees deposit Linked insurance scheme – scope, contribution – Benefits – Authorities under the Act – powers latest judicial pronouncements.
The maternity benefit Act 1961, object and scope of the Act, Definitions – appropriate government employer, establishment, factory, maternity benefit, wages etc – Benefits under the Act – Inspectors.
UNIT-V ; Protection of unorganized labour :
Features and scheme of protection of workers in unorganized sector under the unorganized workers social security Act 2008.
Necessity of protection of unorganized labour in shops and establishments by regulating their working conditions – the Karnataka Shops and Commercial Establishments Act 1961, application of the Act, Hours of work, annual leave with wages – wages and compensation – employment of children and women – authorities and penalties.
Globalization, Privatization and open Economy – Effects of Globalization on Industry and Labour – constitutional Mandate of Welfare state and effectiveness of social security and social welfare legislations in India under new economic policy – Review of laws to meet new challenges – Legislative and Judicial response / trend towards application of Labour laws – Emergence of Laws relating SEZs, etc.
Prescribed Books :
- K.M. Pillai – Labour and Industrial Laws.
- S.N. Mishra – Labour and Industrial Laws.
- S.C. Srivastava, Treatise on social Security.
- Sairam Bhat, Privatisation and Globalisation ; The challenging legal paradigm
- Jwitesh Kumar Singh, Labour Economics ; principles, problems and practices.
- Joanne conagham, Labour Law in an Era of globalization, Transformative practices and possibilities.
- C.S. Venkata Ratnam, Globalisation and Labour – Management Relations, Dynamics of change.
Reference Books :
- Dr. V.G. Goswami – Labour Industrial Laws
- O.P. Malhotra – The law of Industrial Dispute.
- N.G. Goswami – Labour and Industrial Laws.
- Khan and Khan – Labour Law
- Bhargava. V.B – Industrial and Labour Laws.
- Pai G.B ; Labour Law in India
- Srivatasava , S.C - Industrial Relations and Labour Laws.
- Singh . S. N - Law and Social change ; Essays on Labour laws and welfare research methodology and environmental protection.
- Report of the First National Commission on Labour (m 1966-69)
- Report of the National Commission on Labour, Government of India, 2002.
- ILO Recommendations.
Subject : III LAW OF TAXATION
OBJECTIVES :
Legal regime of Tax encompasses the policies, Laws and rules for Taxation process, Income Tax Law is concerned with tax imposed on various sources of income. With regard to indirect tax latest in the pipeline of fiscal policy is introduction of uniform Goods and Service Tax (G S T) regime by July 1, 2017, Tax policy is related to duties on imports from foreign countries and all compulsory levies imposed by the Government on Individuals firms, limited companies, Govt., organisations, Local Authorities and others for the benefit of the state. The object here is imparting conceptual understanding to the students of the provisions of both direct and indirect tax laws. The students of law are required to know the impact of taxation on business transactions.
Unit – 1 - General :
Concept of Tax – Nature and characteristics of different types of taxes – Direct and Indirect taxes – Distinction between tax and fees, tax and Cess – Tax evasion, Tax planning and Tax avoidance – Retrospective Taxation – Federal Base of Taxing power – power of Taxation under the constitution, Immunity of State agencies / instrumentalities – Fundamental Rights and the power of Taxation – commerce clause, Interstate commerce and Taxation, scope of taxing powers of parliament, delegation of taxing power to State Legislatures and local bodies.
Unit-II : Direct Tax Regime :
The Income Tax Act 1961 : Basis of taxation of Income – Basic concepts, Person, Residential status and incidence of tax, income from salaries – income from House property – Income from Business or profession and vocation – capital gains, Income from other sources – Deemed assesse , Set off and carry forward Loss ; incomes exempt from tax, permissible deductions and chapter VI – A deductions, Assessment, kinds of assessment, Income Tax authorities – Appointment – powers and functions, Provisions relating to collection and recovery of tax – filing of returns, electronic filing I.T. Portal working and Refund of tax appeal and revision provisions, offences and penalties.
Unit-III : Indirect Tax Regime :
Concept of Goods and service Tax (GST) – The constitution (122nd Amendment) Act, 2017, The Central goods and services Tax Act, 2017- Dual GST model taxation – GST council – Central GST (CGST) GST levy on transactions – sale, transfer, purchase, barter, lease, or import of goods and / or services . IGST / SGST / UTGST / compensation law to state governments GSTN-goods and services tax network portal ; Tax invoice, GST on imports and Exports, benefits of GST of trade, industry, e-commerce and service sector and the consumers at large, impact of GST on GDP of India and inflation.
Unit-IV – Indirect Tax Regime :
IGST – Integrated GST (IGST) levied by the central Government, Interstate transactions and imported goods or service – State GST (SGST); The state goods and service Tax Law, power of central Government to levy tax on interstate taxable supply, impact of GST on State revenue ; Indemnifying State Revenue Loss ; UTGST – Union Territory goods and service Tax Law-GST exemption on the sale and purchase of securities Transaction Tax (STT)
Unit – V : Custom Law
Legislative Background of the levy-ports- Warehouses – Nature and restrictions on exports and imports – levy, exemption and collection of customs, duties and overview of law and procedure – clearance of goods from the port, including baggage – Goods imported or exported by post and stores and goods in transit – Duty drawbacks provisions, Authorities – powers and functions and SEZ units.
Prescribed Books :
Sumit Dutt Majumder, GST in India, 2nd edn., (New Delhi; Centax publications Pvt., Ltd., 2016/2017.
Taxmann's Income Tax Act, 60th edn., (New Delhi ; Taxman publications pvt., Ltd., 2016/2017.
R.K. Jha and P.K. Singh, A Bird's Eye view of GST, 1st edn., (Hyderbad ; Asia Law House, 2017)
Reference Books / websites / portals :
Arvind P Datar, Kanga and Palkhivals's The Law and practice of Income Tax, 10th edn., (Nagapur ; LexisNexis 2014)
Sampath Iyengar's Law of Income Tax, 11th edn., ( New Delhi ; Bharat Law House pvt., Ltd., 2011)
Income – Tax Act, 1961 and Income – Tax Rules, 1962 as amended by latest Finance Act, 2016-2017.
Subject : IV CRIMINAL LAW -II: CRIMINAL PROCEDURE CODE, 1973,
Objectives:
Procedural Law providing for a fair procedure is significant for a just society The course is aimed at driving home the students how the pretrial, trial and the subsequent process are geared up to make the administration of criminal justice effective The course will acquaint the student with organization of the functionaries under
the Code, their power and functions at various stages and the procedure according to which these powers and functions are to be exercised The students will also undertake the study of two cognate Acts as a part of this course viz; Juvenile Justice Act and Probation of Offenders Act In additions the course teacher shall Endeavour to familiarise the students with the case paper like FIR, Police statement, charge sheet, etc
Course content:
UNIT – I
Introductory and Pre-trial Process Meaning of procedure; The organization of the functionaries under the Code; their duties. Functions and powers; First Information Report, complaint; Arrest; Types of trial and Features of a trial.
UNIT – II
Trial Process-I:
1 Magisterial Powers to take cognizance
2 Commencement of proceedings
3 Dismissal of complaints
4 Charge
5 Processes to compel appearance and production of things
6 Bail
7 Preliminary pleas to bar trial
UNIT – III
Trail Process-II:
1 Provisions as to Inquiries and Trials
2 Judgment
3 Appeals, Revision and Reference
4 Security for keeping peace and good behaviour
5 Maintenance
UNIT – IV
Miscellaneous:
1 Transfer of cases
2 Execution, suspension, remission and commutation of sentences
3 Disposal of property
4 Preventive action of the police
5 Irregular proceedings
6 Limitation oftaking cognizance
7 Compounding of offences and plea bargaining
8 Criminal Rules and Practice
UNIT- V
1. Salient features of the Juvenile Justice (Care & Protection of Children) Act, 2000
2. Salient features of the Probation of Offenders Act, 1958
Prescribed Books:
Ratanlal & Dhiraj Lai, The Code of Criminal Procedure, Nagpur: Wadhwa & Co
Juvenile Justice (Care & Protection of Children) Act, 2000 -Bare Act
Probation of Offenders' Act, 1958-Bare Act
Reference Books:
R V Kelkar, Criminal Procedure, Lucknow: Eastern Book Co Report of the Committee on Reforms of Criminal Justice System
Subject : V ADMINISTRATIVE LAW:
Objectives:
One of the perennial problems of the civilized society is to control the exercise of public power. Administrative Law is concerned with controlling the misuse of public power, by laying down general norms of administrative behavior. This course will deal with the nature, scope and functions of Administrative Law, the nature and control of delegated legislative power, regulation of discretionary powers and general principles of Administrative adjudication. This course further deals with the role played by courts in the development of Administrative Law. The Focus is on their role in protecting the rights of individuals against abuse of administration. In addition adjudicatory powers of the administration and liability of administrative authorities are also studied in this course.
Course content:
UNIT – I
Evolution- Nature and Scope of Administrative Law- Relation with Constitutional Law Separation of powers and concepts- Rule of law- Counsil d' Etate, (French system) Classification of Administration Action functions- Administrative direction and discretion.
UNIT –II
Legislative power of the administration- Extent of delegation and control over delegated Legislation- Sub-delegation- Judicial- Parliamentary control over delegated Legislation.
UNIT – III
Judicial power of Administration- Nature of procedure- Principles of Natural justice- Effect of non-compliance with principle of natural justice- Exception to principle of Natural justice.
UNIT – IV
Judicial control of Administrative action - Writs, Principles and Procedure- Public Law review and Private Law review of Administration action-Liability of State - Torts, Contract Promissory estoppels-Government
Privileges- Right of information- Doctrine of Legitimate expectation- Doctrine of Accountability- Waiver- Doctrine of Proportionality.
UNIT –V
Corporations and Public undertaking- Commission of Enquiry- Ombudsman in India (Lokpal and Lokayuktha)- Central Vigilance Commission- Parliamentary Committees-Civil services in India- Accountability and responsibility- Problems of Prospectives- Administrative deviance Corruption- Mal- administration- Control mechanism of Accountability.
Prescribed Books:
M. P. Jain & S. N. Jain - Principles of Administrative Law
Reference Books:
Wade - Administrative Law
De Smith - Judicial Review of Administrative Action
S. P. Sathe - Administrative Law
I. P. Massey - Administrative Law
II Year IV SEMESTER ;
Subject : I PUBLIC INTERNATIONAL LAW:
Objectives:
The course includes the study of general principles of international law including law of peace. Third world concerns in respect of security and development and the role of U.N. and International Agencies in structuring solutions in the context of changing balance of power are also to be appreciated.
Course content:
UNIT-I
Nature, definition, origin and basis of International Law. Sources of International Law. Relationship between Municipal and International Law. Subjects of International Law.
UNIT – II
States as subjects of International Law: -States in general; Recognition; State territorial sovereignty
UNIT –III
State Jurisdiction: Law of the sea; State Responsibility; Succession to rights and obligations.
UNIT – IV
State and Individual - Extradition, Asylum and Nationality; the agents of international business; diplomatic envoys, consuls and other representatives; the law and practice as to treaties.
UNIT – V
The United Nations Organization - Principal organs and their functions World Trade Organization-Main features International Labour Organization.
Prescribed Books:
J G Starke, An Introduction to International Law
P. W. Bowett, International Institutions.
Reference Books:
J B Brierly - The Law of Nations
D H Harris - International Law (Cases and Materials)
Oppenheim - International law, Volume I, Peace,
S K Kapoor - International Law
Bhagirathlal Das - World Trade Organization
Subject : II HUMAN RIGHTS LAW AND PRACTICE:
Objectives:
The objectives of the course are to prepare for responsible citizenship with awareness of the relationship between Human Rights, democracy and development; to foster respect for international obligations for peace and development; to impart education on national and international regime of Human Rights; to sensitize students to human suffering and promotion of human life with dignity; to develop skills on human rights advocacy and to appreciate the relationship between rights and duties and to foster respect for tolerance and compassion for all living creatures.
Course contents:
UNIT- I
Jurisprudence of Human Rights Nature, definition, origin and theories of human rights
UNIT – II
Universal protection of human rights -United Nations and human rights - Universal Declaration of Human Rights, 1948; International Covenant on Civil and Political Rights, 1966; International Covenant Economic, Social and Cultural Rights, 1966.
UNIT – III
Regional Protection of Human rights - European system - Inter American System - African System
UNIT – IV
Protection of human rights at national level Human rights and the constitution The Protection of Human rights Act, 1993.
UNIT – V
Human Rights and Vulnerable Groups: Rights of Women, Children, Disabled, Tribals, Aged and Minorities - National and International Legal Developments.
Prescribed Books:
Meron Theodor, Ed, Human Rights and International Law: Legal and Policy Issues, 2 Vols,
Oxford: Clarendon Press, 1983 S K Kapoor, Human rights Under International Law and Indian Law.
Reference Books:
Henkin Luis, Rights of Man Today.
Singh Nagendra, Enforcement of Human Rights in Peace and War and the future of humanity. Relevant International Instruments.
United Nations Charter, 1945.
Universal Declaration of Human Rights, 1948.
International Convention on the Elimination of All Forms of Racial Discrimination, 1948.
International covenant on civil and Political Rights, 1966.
International covenant on Economic and Cultural Rights, 1966.
Convention on Elimination of All forms of Discrimination Against Women, 1979
Convention on the Rights of the Child, 1989.
Subject : III BANKING LAW:
Objectives:
Banking Institutions have become important players in the present day economy They play pivotal role in the growth of trade, commerce and industry Several policy initiatives and legislative amendments have changed the role of Banks from being mere economic institutions in to agents of social change Appreciating the importance, the Government has enacted several enactments to direct, regulate and control the banks and banking operations, through Reserve Bank of India and Ministry of Finance .
The course is designed to primarily acquaint the students with operational parameters of banking law, and to teach the general principles of banking law and to develop appreciative faculties of the students in statutory as will as well as case - law in this area.
Course contents:
UNIT – I
Indian Banking Structure - Origin - Evolution of Banking Institutions - Types and functions of banks - Commercial banks - functions – Banking companies in India - RBI - Constitution, Management and Functions - Banking Regulation Act, 1949 - State Bank of India- UTI, IDBI, RRBs' - Local banks
UNIT – II
Employment of funds - Loans and Advances- Guarantees- Advances secured by Collateral securities- Agency Services- Financing of Exports- Special Banking Services -Advances to Priority Sectors and Credit Guarantee schemes - Securitization Act, 2002.
UNIT – III
Law relating to Negotiable Instruments, 1881 Act (Read with the amended Act of 2002) Negotiable Special rules of evidence - Material alteration - Noting 'and protest - Paying banker and collecting banker - Bills in sets - Penal provisions under NI Act - Banker's book evidence Act.
UNIT-IV
Banker and customer Relationship – Definition of banker and customer - General relationship -Special relationship - Banker's duty of secrecy, banker's duty to honour cheques, banker's lien, and banker's right to set off- Appropriation of payments - Garnishee order - Customer's duties towards his banker.
Opening of New Accounts - Special types of customers - Minor's A/C, Joint A/C,, Partnership A/C, Company's A/C, Married women's A/C,, Trust A/C,, Joint Hindu family A/C - Illiterate persons, lunatics, executors - Precautions required in case of administrators, clubs, societies and charitable institutions to open an account.
UNIT – V
Ancillary Services and E- Banking: Remittances - General, DD, MT, TT, Traveler's cheques, bank orders, credit card, debit/smart cards, safe deposit vaults, gift cheques, stock invest.
E - Banking - Definition - E – Banking includes - Internet banking, mobile banking, ATM banking, computerized banking -E- banking services - retail services - wholesale services – E – Cheque – authentication – Cyber Evidence - Banking Ombudsman.
Prescribed Books:
M L Tannan - Law of Banking
Khergamvala - Negotiable Instruments Actr- M S Parthasarathy (Ed)
Justice Bhaghabati Prasad Banerjee- Guid- to Securitisation and
Reconstruction of financial assets and Enforcement of Security Interest act, 2002.
Reference Books:
Avtar Singh - Negotiable Instruments Act
Basu - Review of current banking theory and practice
Paget, Law of Banking - Butterworths, Londbn
L C Goyle - The Law of Banking and Bankhs - Eastern Book Co
Relevant provisions of Information Technology Act, 2000.
Subject : IV
CLINICAL COURSE-I: PROFESSIONAL ETHICS AND PROFESSIONAL ACCOUNTING SYSTEM
Objective:
Professions are noble The movement of all professions, hitherto, has been from chaos to organization, organization to consolidation and consolidation to autonomy and monopoly Same is true of the law profession also The prime reason for conferring autonomy and monopoly by the society on the professionals is the fact that they are a body of learned persons and the interest of society and individuals is safe in their hands The Bar
should set enviable standards of ethics and scrupulously adhere to them as also enforce them It is too good of the society to trust the learned body of the professionals to regulate themselves and not to empower an outsider to sit in judgment over their activities The trust reposed by the society in profession is to be zealously guarded The Bar should live up to the expectations of the society The society has a right to expect of the professionals such ideal behaviour The course is designed to imbue students with these high values forming the basis of the profession so that they can live up to those standards in their professional life Course contents:
UNIT-I
The legal profession and its responsibilities; The equipment of the lawyer; Conduct in court; Professional conduct in general; Privileges of a lawyer; Salient features of the Advocates Act, 1961
UNIT –II
Duty to the court; Duty to the profession; Duty to the opponent; Duty to the client; Duty to the self; Duty to the public and the state;
UNIT -III
Contempt of Court Act, 1972
Selected major judgments of the Supreme Court:
- In the matter of D, An Advocate, AIR 1956 SC 102
- PJ Ratnam v D Kanikaram, AIR1964 SC 244
- NB Mirzan v The disciplinary committee of Bar Council of Maharastra and Another, AIR
1972 SC 46
- Bar Council Of Maharastra v MV Dabholkar, etc, AIR 1976 SC 242
- VCRangadurai v D Goplan and others, AIR 1979 SC 201
- Chandra Shekhar Soni v Bar Council of Rajasthan and Others, AIR 1983 SC 1012
- In Re an Advocate, AIR 1989 SC 245
- In Re Vinay Chandra Mishra, 1995 (Vol-I) IBR 118
- Supreme Cburt Bar Association v Union of lndia, AIR 1998 SC 1895
- Ex-Capt Harish Uppal v Union of lndia, AIR 2003 SC 739.
UNIT –IV
Selected opinions of the Bar council of India
1 DC Appeal No 16/93 1998 (Vol. 1) IBR 135
2 BCITr CaseNo40/91 1998 (Vol. 1) IBR139
3 DC Appeal No 8/94 1998 (Vol. 1) IBR 153
4 DC Appeal No 20/94 1997 (Vol. 3 &4) IBR 193
5 BCITr Case No 76/95 1997 (Vol. 3 &4) IBR 201
6 DC Appeal No43/96 1997 (Vo1. 3 &4) IBR 207
7 DC Appeal No 18/91 1997 (Vol. 1 &2) IBR 271
8 DC Appeal No24/90 1996 (Vol. l) IBR 135
9 DC Appeal No 19/93 1996 (Vol. 1) IBR 152
10 BCITr Case No 1 04/90 1996 (Vol. 1) IBR 155
11 BCITr CaseNo52/89 1994 (V0l. 1) IBR 187
12 BCITr Case No 127/88 1992 (Vol. 3 &4) IBR 125
13 BCITr CaseNo39/87 1992 (Vol. 3 &4) IBR 147
14 BCITr CaseNo39/89 1992 (Vol. 3 &4) IBR 149
15 BCITr Case No 16/88 1989 (Vol. l) IBR 99
16 BCITr CaseNo2/88 1989 (Vol. l) IBR 102
17 BCITr CaseNo52/88 1989 (Vol. 2) IBR 11 0
18 DC Appeal NoAl/87 1989 (Vol. 2) IBR 122
19 BCITr CaseNo29/81 1989 (Vol. 2) IBR 245
20 DC Appeal No 14/88 1989 (Vol. 2) IBR 258
21 BCITr Case No 14/80 1989 (Vol. 2) IBR 264
22 DC Appeal No24/87 1989 (Vol. 2) IBR 273
23 DC Appeal No46/86 1989 (Vol. 2) IBR 280
24 DC Appeal No3/88 1989 (Vol. 2) IBR 285
25 BCITr CaseNo2/80 1989 (Vol. 2) IBR 289
26 BCITr Case No 1 0/86 1989 (Vol. 3 &4) IBR 520
27 BCITr Case No 1 01188 1989 (Vol. 3 &4) IBR 524
28 DC Appeal No23/88 1989 (Vol. 3 &4) IBR 532
29 DC Appeal No35/87 1989 (Vol. 3 &4) IBR 536
30 BCITr CaseNo27/88 1989 (Vol. 3&4) IBR 542
31 BCITr CaseNo6/84 1989 (Vol. 3 &4) IBR 560
32 BCITr CaseNo24/86 1989 (V0l. 3&4) IBR 563
33 DC Appeal No 1 0/88 1989 (Vol. 3 &4) IBR 572
34 DC Appeal No. 45174 1988 (Vol. 1 &2) IBR 182
35 DC Appeal No23/87 1989 (Vol. l & 2) IBR 187
36 DC Appeal No6/81 1988 (Vol. l & 2) IBR 193
37 BCITr Case No 16/86 1988 (Vol. l & 2) IBR 197
38 DC Appeal No41/86 1988 (Vol. l & 2) IBR 200
39 DC Appeal No33/86 1988 (Vol. 3 &4) IBR 354
40 DC Appeal No21185 1988 (Vol. 3 &4) IBR 359
41 BCITr CaseNoA3/82 1988 (Vol. 3 &4) IBR 364
42 DC Appeal No28/86 1988 (Vol. 3& 4) IBR 374
43 DC Appeal No. 64174 1987 (Vol. 2) IBR 314
44 DC Appeal No 3 0/84 1987 (Vol. 2) IBR 319
45 DC Appeal NoAO/86 1987 (Vol. 3) IBR 488
46 DC Appeal No 10/86 &10A/86 1987 (Vol. 3) IBR 491
47 DC Appeal No7/86 1987 (Vol. 3) IBR 496
48 DC Appeal No7/81 1987 (Vol. 4) IBR 735
49 DC Appeal No 12/86 1987 (Vol. 4) IBR 745
50 BCI Tr CaseNo57/87 1987 (Vol. 4) IBR 753
UNIT- V
Accountancy for lawyers:
Need for maintenance of accounts- Books of accounts that need to be maintained- Cash Book, journal and ledger:
Elementary aspects of bookkeeping: Meaning, object, journal, double entry system, closing of accounts.
The cash and bulk transaction- The Cash book-Journal proper especially with reference to client's accounts- Ledger, Trial balance and final accounts- Commercial mathematics.
Mode of assessment: There shall be a written examination for this course for a maximum of 80 marks, and viva voce for 20 marks The viva voce shall be conducted by the course teacher and the Principal.
Prescribed Books:
K V Krishnaswamy Iyer, Professional Conduct and Advocacy.
B S Raman, Accountancy.
Reference Books:
N R Madhava Menon, (ed,) - Clinical Legal Education
Dr B Malik, (Ed) - Art of Lawyer (New Delhi, Universal Book Agency, 1999)- Relevant articles Contempt of Court Act, 1971.
Subject : V CLINICAL COURSE-II: ALTERNATIVE DISPUTERESOLUTION SYSTEMS:
Objectives:
Today alternative disputes resolution systems have become more relevant than before both at local, national and international levels Certain of the disputes, by nature are fit to be resolved through specific method of resolution Each of these dispute resolution systems involves different style of planning and execution The skills involved are also different as also preparation This course trains the students in ADRs The course teacher shall administer simulation exercises for each of the methods
Course contents:
UNIT – I
General; Different methods of dispute resolution; Inquisitorial method; Adversarial method; Other methods- both formal and informal- like arbitration, conciliation, negotiation, mediation, etc; Advantages and disadvantages of above methods; Need for ADRs. International commitments; Domestic needs; Suitability of ADRs to particular types of disputes Civil Procedure Code and ADRs
UNIT –II
Arbitration: Meaning of arbitration; Attributes of arbitration; General principles of arbitration; Different kinds of arbitration; Qualities and qualifications of an arbitrator; Arbitration agreement and its drafting; Appointment of arbitrator; Principal steps in arbitration; Arbitral award; Arbitration under Arbitration and Conciliation Act, 1996.
UNIT –III
Conciliation: Meaning; Different kinds of conciliation- facilitative, evaluative, court-annexed, voluntary and compulsory; Qualities of a conciliator; Duties of a conciliator; Role of a conciliator; Stages of conciliation; Procedure; Conciliation under statutes- Industrial Disputes Act, 1947; Family Courts Act, 1984; Hindu Marriage Act, 1955; Arbitration and Conciliation Act, 1996.
UNIT –IV
Negotiation: Meaning; Different styles of negotiation; Different approaches to negotiation; Phases of negotiation; Qualities of a negotiator; Power to negotiate.
UNIT – V
Mediation: Meaning; Qualities of mediator; Role of mediator; Essential characteristics of the mediation process - voluntary, collaborative, controlled, confidential, informal, impartial & neutral, self-responsible; Different models of mediation; Code of conduct for mediators.
Prescribed Books:
Sridhar Madabhushi, Alternative Dispute Resolution, 2006,
Lexis Nexis Butterworths, New Delhi.
Raj and RD, A Primer on Alternative Dispute Resolution, 2005,
Barathi Law Publications, Tirunelveli.
Reference Books:
Sampath DK, Mediation, National Law School, Bangalore
Gold Neil, etal, Learning Lawyers Skills, (Chapter-7)
Michael Noone, Mediation, (Chapters-1, 2 & 3)
III Year V SEMESTER
Subject : I COMPANY LAW
Objectives:
The course is designed to understand the formation, management and other activities of the companies. In view of the important developments that have taken place in the corporate sector. Important regulations pertaining to the issue of shares and the capital raising have come into force. This course aims to impart the students, the corporate management, control, possible abuses, the remedies and government regulation of corporate business and winding up of companies.
Course content:
UNIT – I
Company Act, 1956 - Corporate Personality and its kinds - Promoters - Registration and Incorporation –
M O A
UNIT – II AND III
AOA - Prospectus - Directors - Meetings - Role of Company Secretary -Dividends. Brief analysis corporate ethics.
UNIT – IV AND V
Issue of Shares - Types of Shares - Debentures - Procedure for allotment of shares and debentures - share capital - Rights and privileges of shareholders - Preventions of Oppression and Mismanagement - Different modes of winding up of companies.
Prescribed Books:
Taxman's Corporate Laws
Avtar Singh - Company Law
Reference Books:
Ramaiah, Company's Act, PART I and II
Shah - Lectures on Company Law
Taxman's Company Law
S. C. Kuchal - Corporation Finance: Principles and problems.
Y. D. Kulshreshta - Government regulation of financial management of private corporate sector in India.
S. K. Roy - Corporate Image in India
Gower - Company Law
Sen - New Horizons in company law
D. L. Majumdar - Towards a philosophy of modem corporation.
Pennington - Company Law
Rajiv Jain - Guide on foreign collaboration - Policies & Procedures.
C. Singhania - Foreign collaborations and Investments in India – Law and procedures, Joyant M Thakur – Comparative Analysis of FEMA – FEMA – Act, 1999 with FERA.
Sanjiv Agarwal - Bharat's guide to Indian capital.
Subject : II CIVIL PROCEDURE CODE AND LIMITATION ACT: C P C
Objectives:
Study of procedural law is important for a Law student This course is designed to acquaint the students with the various stages through which a civil case passes through, and the connected matters The course also includes law of limitation The course teacher shall Endeavour to familiarize the students with the case papers (like plaints, written statements, Interlocutory applications, etc) involved in civil cases and touch upon the provisions of Evidence Act wherever necessary.
Course contents:
UNIT-I
Civil Procedure Code:
Introduction; Distinction between procedural law and substantive law History of the code, extent and its application, definition Suits: Jurisdiction of the civil courts Kinds of jurisdiction-Bar on suits- Suits of civil nature (Sec9) Doctrine of Res sub judice and Res judicata (Sec 10,11 and 12) Foreign Judgment (Sec 13,14) Place of Suits (Sec 15 to 20) Transfer of Cases (Sec 22 to 25)
UNIT – II
Institution of suits and summons: (Sec 26, 04 and Sec 27, 28, 31 and 05); Interest and Costs (Sec 34, 35, 35A, B); Pleading: Fundamental rules of pleadings- Plant and written statement Return and rejection of plaint-Defenses - Set off- Counter claim Parties to the suit (Order 1): Joinder,
Misjoinder and non-joinder of parties- Misjoinder of causes of action- Multifariousness.
UNIT – III
Appearance and examination of parties (09, 018) - Discovery, inspection and production of documents (011 & 13) - First hearing and framing of issues (010 and 14) - Admission and affidavit (012 and 19) – Adjournment (017) - Death, marriage-Insolvency of the parties (022) - Withdrawal and compromise of suits (023) - Judgment and Decree (020) Execution (Sec 30 to 74, 021): General principal of execution- Power of executing court- Transfer of decrees for execution-
Mode of execution-
a) Arrest and detention,
b) Attachment,
c) Sale.
UNIT – IV
Suits in particular cases; Suits by or against Governments (Sec 79 to 82 027); Suits by aliens and by or against foreign rulers, ambassadors (Sec 85 to 87); Suits relating to public matters (Sec 91 to 93); Suits by or against firms (030); Suits by or against minors and unsound persons (032); Suits by indigent persons (033); Inter-pleader suits (Sec 88, 035); Interim Orders; Commissions (Sec 75, 026); Arrest before judgment and attachments before judgment (038); Temporary injunctions (039); Appointment of receivers (040); Appeals (Sec 90 to 109, 041, 42, 43, 45); Reference-Review and Revision (Sec 113, 114, 115, 046, 046); Caveat (Sec 148-A)- Inherent powers of the court (Sec 148, 149, 151)
UNIT-V
Civil Rules of Practice and Limitation Act.
Prescribed Books:
Mulla - Civil Procedure Code
SanjiwaRao - Civil Procedure Code
Karnataka Civil Rules of Practice - Bare Act
Reference Books:
P M Bakshi - Civil Procedure Code
C K Takwani - Civil Procedure Code
Subject : III PENOLOGY & VICTIMOLOGY:
Objectives:
This course offers a specialist understanding of criminal policies including theories of punishment, their supposed philosophical and sociological justifications and the problem of exercise of discretion in sentencing In addition the course introduces students to the discipline of victimology which will shift the study from accused centric approach to much needed victim centric approach.
Course contents:
UNIT -I
Introduction: Notion of punishment in law; Difference between crime prevention and control; Theories of punishments and introduction of criminology.
UNIT – II
Kinds of punishment; Sentencing policies and processes; The riddle of capital punishment.
UNIT – III
Prison reforms; Alternatives to imprisonment; Victimology- Introduction, history and philosophy.
UNIT – IV
Victimology- European experience; American experience Victim witness assistance programmes Restitution.
UNIT – V
Victimology - Indian experience Legal framework Role of Courts Role of NHRC.
Prescribed Books:
Edwin H Sutherland, Criminology
Ahmad Siddique, Criminology
V N Rajan, Victimology in India
Reference Books:
H L A Hart, Punishment and Responsibility.
S Chabra, Quantum of Punishment in Criminal Law.
Herbert L Packer, the Limits of Criminal sanctions.
Subject : IV INTERPRETATION OF STATUTES & PRINCIPLES OF LEGISLATION:
Objectives:
Enacted laws, i.e. acts and rules are drafted by legal experts Language used will leave little or no room for interpretation or construction But the experience of all those who have to bear and share the task of application of the law has been different Courts and lawyers are busy in unfolding the meaning of ambiguous words and phrases and resolving inconsistencies. The statute is to be construed according 'to the intent of them that make i t . To ascertain the true meaning, intent of the maker, numerous rules of interpretation were formulated by courts and jurists The objective of this course is to make the student familiar with various rules of interpretation.
Course contents:
Unit-I
Basic Principles; Guiding rules; Internal aids to construction
Unit-II
External aids to construction.
Unit-III
Subsidiary rules; Operation of statutes; Expiry and repeal of statutes
Unit-IV
Statutes affecting the state; Statutes affecting the jurisdiction of courts.
Construction of taxing statutes and evasion of statutes; Remedial and penal statutes.
Unit-V
Principles of Legislation.
Prescribed Books:
G P Singh - Principles of Statutory Interpretation
Upendra Baxi, Bentham's theory of Legislation
Reference Books:
Maxwell on the interpretation of Statutes, XII Ed (Bombay: NM Tripathi,1976)
V P Sarathi - Interpretation of Statute - General Clauses Act 1897
Bindra - Interpretation of Statutes.
Subject : V CLINICAL COURSE-III: DRAFTING, PLEADING AND CONVEYANCE: [D P C}
Objectives:
Translation of thoughts into words- spoken and written is an essential ingredient of an effective lawyer The students should be trained in drafting of pleadings and conveyances and other essential documents The skill of drafting can be acquired and sharpened by undertaking the exercises under the supervision of an expert in the field The course aims at equipping the students with drafting skills.
Course contents:
1. General principles of drafting and relevant substantive rules.
2. Pleadings- Civil: plaint, written statement, interlocutory application, original petition,
affidavit, execution petition, memorandum of appeal and revision, petition under Art. 226
and Art. 32 of the Constitution of India
3. Pleadings- Criminal: complaint, criminal miscellaneous petition, bail application,
memorandum of appeal and revision
4. Conveyance: sale deed, mortgage deed, lease deed, gift deed, promissory note, power of
attorney, will, trust deed
5. Drafting of writ petition and Public Interest Litigation petition.
This course shall be taught through class room instructions and simulation exercises preferably with the assistance of practicing lawyers or retired judges.
Examination and allocation of marks:
1) Each Student shall undertake 15 practical exercises in drafting of pleadings carrying 45 marks
(3 marks for each exercise)
2) Each student shall undertake 15 practical exercises in conveyancing, which carries 45 marks
(3 marks each)
3) The above-mentioned drafting of pleadings and conveyancing exercises shall be in the handwriting of the students on one side of the bond size papers The papers shall be bound accompanied by a certificate signed by the course teacher and the principal to the effect that it is the bonafide work of the concerned candidate.
4) The cover shall indicate the name of the examination, subject, seat number, and the center code number .
5) There shall be a contents page.
At the end of the semester, the student shall appear for a viva voce, which shall carry 10 marks Viva to be conducted by the Principal and the course teacher.
III Year VI SEMESTER
Subject : I LAW OF EVIDENCE:
Objectives:
The law of Evidence has its own significance amongst Procedural Laws .The knowledge of law of Evidence is indispensable for a lawyer. The course is designed to acquaint the students with the rules of evidence in relation to relevancy of facts and proof In addition they are introduced to law relating to production of evidence The course teacher shall familiarize the students with appreciation of evidence and use innovative techniques like simulation exercises wherever necessary.
Course contents:
UNIT-I
Introduction: Distinction between substantive and procedural law- Conceptions of evidence in classical Hindu and Islamic Jurisprudence- Evidence in customary law systems (Non-state law)-Introduction to the British 'Principles of Evidence'- Legislations dealing with evidence (other than Indian Evidence Act) with special reference to CPC, CRPC/Bankers Book Evidence Act, Commercial Document Evidence Act, Fiscal and revenue Laws- Salient features of the Indian Evidence Act, 1861, Applicability of the Indian Evidence Act Central Conceptions in Law of Evidence - Facts - Facts in issue and relevant facts- Evidence- Circumstantial and direct evidence-Presumptions, proved, disproved, not proved- Witness- Appreciation of evidence Relevancy of Facts- Facts connected with facts in issue-Doctrine of Res gestae; section 6, 7, 8 and 9 of Evidence Act- Evidence of Common Intention-Sec 1 0, Relevancy or otherwise irrelevant facts- Facts to prove right or custom (sec-13)-Facts concerning state of mind/state of body or bodily feelings (Sec 14 and 15)- Relevancy and admissibility of admissions, privileged admissions evidentiary value of admissions (sec 17 to 23, IEA)
UNIT - II
Relevancy and admissibility of confessions- Admissibility of information received from an accused person in custody- Confession of co-accused (sec 24 to 30 IEA)- Admitted facts need not be proved (58) Dying declaration- Justification for relevance- Judicial standards for appreciation of evidentiary value-32 (1) with reference to English Law - Other statements by persons who cannot be called as witnesses- (Sec 32(2) to (8) IEA 33)- Statement under special, circumstances (Sec 34 to 39 IEA) Relevance of judgments- General principles - Fraud and collusion (Sec 40 to Sec 44 IEA) Expert testimony: General principles (Sec 45-50 IEA) - Who is an expert- Types of expert evidence - Problems of judicial defence to expert testimony.
UNIT -III
Character evidence- Meaning - Evidence in Civil Criminal cases; English Law (sec 52-55 IEA)Oral and documentary Evidence -Introduction on Proof of facts- General principles concerning oral; Evidence (59-60)- General principles concerning documentary; Evidence (61-90)- General principles regarding exclusion by evidence (Sec 91-100).
UNIT -IV
Burden of Proof - The general conception of onus probandi (sec 101)- General and special exception to onus probandi (sec 102-106)- The justification of presumption and burden of proof (sec 107 to 114) with special reference to presumption to legitimacy of child and presumption as to dowry death- Doctrine of judicial notice and presumptions. Estoppel Scope of Estoppel - Introduction as to its rationale (sec 115) – Estoppel distinguished from Res judicata -Waiver and Presumption- Kinds of Estoppel- Equitable and Promissory Estoppel Tenancy Estoppel (Sec 116).
UNIT-V
Witness, Examination and Cross Examination: Competence to testify (Sec 118 to 120)-Privileged communications (121 to 128)- General principles of examination and cross examination (Sec 135 to 166 IEA)- Leading questions (141-145)- Approver's testimony (Sec 133)- Hostile witnesses (Sec 154)- Compulsion to answer questions (147,153)- Questions of corroboration(156-l 57)- Improper admission of evidence.
Prescribed Book:
Ratanlal and Dhirajlal - Law of Evidence.
Reference Books:
Best- Law of Evidence.
Sarkar-Law of Evidence.
M Rama Jois - Legal and Constitutional History of India.
Batuklal - Law of Evidence.
Subject : II ENVIRONMENTAL LAW:
Objective:
Environmental problems have attained alarming proportions It is essential to sensitize the students to environmental issues and the laws The important principles in the field like intergeneration equity, carrying capacity, sustainable development and precautionary, polluter pays principles are to be appreciated The law in practice is to be analyzed and evaluated The course is designed towards these objectives
Course contents:
UNIT-I
The Idea of Environment: Ancient and Medieval Writings, Traditions, Natural and Biological Sciences - Perspectives: Modem concept, Conflicting dimensions, Recent issues -Environment and sustainable development - National and International Perspectives - Population and Development.
UNIT-II
Environmental Policy and Law: Environmental Policy: Pre & Post Independence Period; From Stockholm to Johannesburg Declaration (Rio) and Role of Government - Five year Plans - Forest Policy – Conservation strategy - Water Policy Conservation of Natural Resources and its Management Constitution and Environment: Right to Environment - Constitutional provisions on
Environment and its Protection - Role of Judiciary on Environmental issues - Evolving of new Principles – Polluter pays principle - Precautionary principle - Public trust doctrine.
UNIT – III
International Law and Environmental Protection: International conventions in the development of Environmental Laws and its Policy – From Stockholm to recent conventions (Special Emphasis on Major conventions & Protocols) - Control on Marine Pollution Common Law aspects of Environmental Protection Remedies under other Laws ( I P C , CRPC, CPC) Riparian rights and prior-appropriation.
UNIT – IV
Prevention and Control of Pollution: Pollution of Water, Sources, Legal Control, The Water Act 1974 - Pollution of Air, Modalities of control, The Air Act, 1981 - Noise Pollution and its control. Noise Pollution control order - Disposal of Waste, laws on waste, disposal and its control - Trans-boundary Pollution hazards & Regulation Biological Diversity and Legal Order: Bio-diversity and Legal regulation - Utilization of flora and fauna - Experimentation on animals Legal and Ethical issues – Genetic Engineering - Wildlife Protection Act 1972 - Forest Conservation Act, 1980 -Prevention of Cruelty against animals - Problems in Legal regulation of medicinal plants - The plant varieties Act – Wetland Conservation.
UNIT – V
Environment Protection Act 1986 including, Environment Protection Rules, Coastal Zone Regulation, ECO-Mark, Environment Impact Assessment, Environmental Audit, Public Participation in Environmental decision making, Environment information, public hearing, Regulation on Bio- Medical Waste.
Prescribed Books:
1 Armin Rosen Cranz - Environmental Law and Its Policy in India
2 P Leelakrishnan - Environmental Law in India / Cases
3 Lai's commentaries on Water and Air Pollution laws along with Environment (protection)
Act and Rules, 1986, Delhi: Delhi Law Houses.
Reference Books:
1 Simon ball Stuart Bell - Environmental Law
2 Sanjay Upadhyay and Videh Upadhyay - Handbook on Environmental Laws
3 Introduction to Environmental Law - S Shantha Kumar
4 Relevant Bare Acts / Notifications.
Subject : III WHITE COLLAR CRIMES
Objectives:
This course focuses on the criminality of the privileged classes – the wielders of all forms of state and social power The course focuses on the relation between privilege, power and deviant behaviour The traditional approaches which highlight white collar offences, socio-economic offences or crimes of powerful deal mainly deal with the deviance of the economically resourceful The dimension of deviance associated with the bureaucracy, the new rich, religious leaders and organizations, professional classes are to be addressed In teaching this course, current developments in deviants reflected in press and media, law reports and legislative proceedings are to be focused.
Course contents:
UNIT- I
Introduction - Concept of white collar crime - Indian approaches to socio economic offences- forms of privileged class deviance - official deviance(Legislators, judges and bureaucrats), professional deviance, trade union deviants, land law deviance, upper class deviance, police deviance, gender based deviance, deviance by religious leaders and organizations.
UNIT - II
Official deviance; Prevention of Corruption Act, 1988
UNIT - III
Police and politicians' deviance; N. N. Vorha Committee Report; Lokpaland Lokayuktha institutions.
UNIT - IV
Professional deviance; Medical profession - The Lentin Commission Report; Legal profession -Opinions of Disciplinary Committee of Bar Council of India.
UNIT-V
Gender based deviance - sexual harassment; Offences against scheduled castes and scheduled tribes.
Prescribed Books
Edwin H Sutherland, Criminology
Ahmad Siddique, Criminology.
Reference Books:
Upendra Baxi, the Crisis of Indian Legal system.
Upendra Baxi, Law and Poverty.
Upendra Baxi, Liberty and corruption.
A R Desai ed, Violation of Democratic Rights in India.
Subject : IV LAND LAWS Appendix-I
Objectives:
Land plays an important role in the lives of individuals because of which it is elevated to the level of a constitutional status. Of late there is a shift in the approach of the State towards land which is reflected in the laws and their interpretation. Apart from introducing the students to the basic legal regime applicable to land, it is important to introduce them to diverse aspects of land dealings like land revenue, prohibition of transfer, acquisition, conversion, compensation, rehabilitation, resettlement etc., This course is designed towards this end.
Unit-I :
The Right to fair compensation and Transparency in land Acquisition, Rehabilitation and Resettlement Act, 2013- Determination of social impact and public purpose; provision to safeguard food security; notification and acquisition; rehabilitation and resettlement award and procedure.
Unit-II
The Right to fair compensation and Transparency in land Acquisition, Rehabilitation and Resettlement Act, 2013- utilisation, conversion; National Monitoring committee; Acquisition, Rehabilitation and resettlement Authority; appointment of compensation and payment of compensation.
Unit-III :
The Karnataka Land Revenue Act 1964- Revenue officers and their procedure, Revenue appellate Tribunal, Appeal and Revision, Land and land revenue, Record of rights, realisation of land revenue.
Unit-IV :
The Karnataka Scheduled Castes and Schedule Tribes (Prohibition of Transfer of certain Lands) Act, 1978 and Rules 1979.
The Karnataka Land Reforms Act, 1961 – general provisions regarding tenancies, conferment of ownership on tenants, ceiling on land holdings, restrictions on holding or transfer of agricultural lands, co-operative farms, fragmentation and consolidation of holdings.
Unit-V :
The Real Estate (Regulation and Development) Act, 2016 – registration of real estate project and registration of real estate agents, functions and duties of promoter, rights and duties of allottees, the real estate regulatory authority, the real estate appellate tribunal, offences, penalties and adjudication.
The Karnataka Real Estate (Regulation and Development) Rules, 2017.
Books prescribed :
S.G. Biradar, Land Acquisition – A Paradigm shift, KAS officer's Research and Training Institute, Bangalore.
Relevant Statutes and Rules.
Subject : V CLINICAL COURSE-IV: MOOT COURT EXERCISE AND INTERNSHIP
Objectives:
This course is designed to hone advocacy skills in the students Moot Courts are simulation exercises geared up to endow students with facility in preparation of written submissions and planning, organizing and marshalling arguments in the given time so as to convince the presiding officer.
The students should familiarize themselves with the various stages of trial in civil and criminal cases They should be exposed to real court experience Further they should imbibe the skills of client interviewing .This component may be planned to be part of the internship Each student enrolled in 3 year course shall undergo an internship for minimum 12 weeks (20 weeks for 5 year LLB course) during the entire course under NGO, trial and appellate advocates, legal regulatory authorities, legislatures and parliament, other legal functionaries, market institutions, law firms, companies, local self-government and other such bodies as the university may stipulate However, the internship shall not be for a period of more than four weeks continuously in an academic year.
Course contents:
Moot Court (30 marks)
1.1 Each student shall participate in at least 3 moot courts Each Moot court exercise shall carry 10
marks,
which shall be divided as under:
- for oral advocacy: 5 marks and
- Written submission: 5 marks
1.2 The student shall make written submission on behalf of the party for whom he makes oral
advocacy as assigned by the course teacher.
1.3 The written submissions for the three moot courts shall be neatly written on one side of the
bond size papers and bound together with a certificate signed by the course teacher and the
principal to the effect that it is the bonafide work of the concerned student
- The cover shall indicate the name of the examination, subject, seat number and the center code
Number
Observation of Trial (30 marks)
1.1 Each student shall attend trial in two cases one civil and one criminal in the course of last to or
three years.
1.2 The student shall maintain a record and enter the various steps observed during their
Attendance on different days in the court.
1.3.The record shall be neatly written on one side of the bond size paper and bound It will cry a
certificate by the course teacher and principal to the effect that it is the bonafide work of the
concerned student.
1.4 The record shall be valued for 30 marks.
1.5 The cover page shall indicate the name of the examination, subject, seat number and the center
code number.
Client interviewing (30 marks)
1.1 Each student shall observe two session of client interviewing at the Lawyer's Office/Legal Aid
Office and record the proceedings in a diary, which shall carry 15 marks.
- Each student shall 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 a diary, which shall carry 15marks
- The Diaries shall be neatly written on one side of bond size papers and bound with a certificate signed by the course teacher and the Principal to the effect that it is the bonafide work of the concerned student.
1.4.The cover page of the diary shall indicate the name of the examination subjects seat number,
and the center code number
Viva (10 marks Viva marks)
At the end of the semester, the student shall appear for a viva voce, which shall carry 10 marks.
Method of assessment: The submissions of Moot courts shall be valued by the course teacher The diaries relating to trial observation and client interviewing and pre-trial preparations shall be valued by the professional under whose supervision the student has completed internship and the course teacher if it is so planned If internship is with an Authority wherein trial observation and client interviewing is not possible, the student shall undertake these exercises separately and it shall be evaluated by the course teacher The viva shall be conducted by the Principal of the college and the course teacher.
