B.A. LL.B 4th Syllabus
B.A. LL.B 4th Syllabus
FACULTY OF HUMANITIES
REVISED CURRICULUM
OF
UNDERGRADUATE DEGREE COURSES OF LAW 2017-18
for
5. Third Year B.A. LL.B., Third Year B.B.A. LL.B. and First Year LL.B. :
7. Fifth Year B.A. LL.B., Fifth Year B.B.A. LL.B. and Third Year LL.B. :
Objective of the Course : The Course is designed with an objective to acquaint the students
with the Federal principles of Indian Constitution and the powers, functions and structures of
various Constitutional bodies. The course is to be studied in the social, economic and political
context in which the constitution operates.
Objectives of the Course : The subject covers the study of the Transfer of Property Act, 1882
and the Easement Act, 1882. The subject is fundamental law that covers principles applicable to
transfers of all kinds of properties. A sound grasp of this subject is the foundation necessary for
a better understanding of all special laws that affect property. The course will enable the student
to appreciate the fundamental principles, features, rights and liabilities of parties and the
consequences of specific transactions affecting immovable property. The topic of actionable
claims is very relevant in the modern business environment and financing models. The course
also covers law relating to easements and licenses.
Module 01 Concepts, Meaning and types of Properties (Sections 1 to 4 of the T.P. Act,
1882) :
1. Meaning of property
2. Kinds of property - Movable and immovable, tangible and intangible,
existing and future, real and personal
3. Role of property rights in social and economic development
4. Doctrine of notice
Module 02 Transfer of Property by Act of Parties (Sections 5 to 9) :
1. Meaning and Definition Transfer of Property, Properties which may be
transferred
2. Essentials of a valid transfer of property
3. Operation and method of transfer property
4. Procedural perspective for transfer of property
5. Effect of non-payment of stamp duty and non-registration
Module 03 General Principles Relating to Transfer of Property (Sections 10 to 37) :
1. Conditions restraining alienation, enjoyment, defeating insolvency or
assignability
2. Transfers to unborn persons
3. Rule against perpetuity and accumulation of income
4. Vested and contingent interests
5. Conditions precedent and subsequent, conditional transfers
6. Doctrine of Election and Apportionment
Module 04 General Principles Relating to Transfer of Immovable Property (Sections
38 to 53A) :
1. Doctrine of holding out
2. Feeding the grant by estoppel
3. Dotrine of priority
4. Transfer lis pendens
5. Fraudulent transfer
6. Doctrine of part performance
Module 05 Sales and Exchanges (Sections 54 to 57 and 118 to 121) :
1. Meaning and definition of Sale and Exchange
2. Distinction between sale and Exchange
3. Essentials of a valid sale, Parties to a sale, Formalities
4. Distinction between Sale and contract for sale
5. Registration of a contract for sale and effect of non-registration,
6. Rights and liabilities of a buyer and seller
7. Discharge for encumbrances on sale
8. Exchange, Rights and liabilities of parties to exchange
Module 06 Mortgages (Sections 58 to 98) :
1. Definition of mortgage - Types of mortgages, Mortgagor, Mortgagee,
Mortgage money,
2. Essentials of a valid mortgage and Formalities
3. Distinction between charge, mortgage, pledge, hypothecation and other
security interests over property
4. Rights and liabilities of a mortgagor and mortgage
5. Doctrine of substituted security
6. Charge of immovable property
7. Marshalling
8. Mortgagee’s and charge-holder’s rights and remedies under the
Securitisation and Reconstruction of Financial Assets and Enforcement of
Security Interest Act, 2002
Module 07 Leases (Sections 105 to 117) :
1. Definition of lease, Lessor, lessee, Kinds of leases, premium and rent
2. Essentials of a valid lease and Formalities
3. Rights and liabilities of the lessee and Lessor
4. Term and determination of lease
5. Forfeiture and relief against forfeiture
6. Leases for agricultural purposes
7. Distinction between lease under the Transfer of Property Act, 1982 and the
Maharashtra Rent Control Act, 1999
Module 08 Gift and Transfers of Actionable Claims (Sections 122 to 129 and 3, 130 to
137) :
1. Definitions of Gift, Donor and Donee
2. Essentials of a valid gift, Revocation of gifts
3. Distinction between property and donatio mortis causa and gifts under
Mohammedan law
4. Actionable claims :
a) Definition, Formalities, and their importance in commercial
transactions
b) Requirement of notice to debtor, and effect of notice
c) Rights and liabilities of transferor and transferee
Module 09 Law of Easements (Sections 1 to 51 of the Easement Act, 1882) :
1. Definitions and Types of easements
2. Formalities for creating an easement
3. Creation and acquisition of Easements, Dominant and servient owners and
Heritages, Grant, Custom, Necessity, Quasi-necessity, Prescription
4. Rights, duties and liabilities of dominant and servant owners
5. Remedies for disturbance of easements
6. Extinction of easements, Suspension and revival of easements
Module 10 Law of Licenses (Sections 52 to 64 of the Easement Act, 1882) :
1. Definition of License, Essentials of a license, kind and Formalities
2. Transfer of license, Transfer of grantor’s interest
3. Death of licensor or licensee
4. Rights and liabilities of licensee, Revocable and Irrevocable license
5. Rights of licensee on revocation and eviction
6. Distinction between leases and licenses
7. Distinction between licenses under Easement Act, 1882 with that of the
Maharashtra Rent Control Act, 1999
Recommended Readings :
1. V P Sarathi’s Law of Transfer of Property - Including Easements, Trusts and Wills, Malika
Taly (ed), Eastern Book Company, 2017.
2. Poonam Pradhan Saxena, Property Law, LexisNexis, 2017.
3. Avatar Singh, Textbook on the Transfer of Property Act, Universal Law Publishing, 2016.
4. Shriniwas Gupta, A Text Book on Transfer of Property Law, Thomson Reuters, 2016.
5. A P Singh and Ashish Srivastava, Property Laws, LexisNexis, 2015.
6. G P Tripathi, The Transfer of Property Act, 19th ed., Central Law Publications, 2016.
7. AP Singh and Ashish Kumar Srivastava, Property Laws, LexisNexis, 2015.
8. Sanjiva Row, Transfer of Property Act (in 2 volumes), Universal Law Publishing, 2016.
9. Shriniwas Gupta, Law Relating to Transfer of Property, Thomson Reuters, 2016.
10. Darashaw Vakil, Commentaries on the Transfer of Property Act, LexisNexis, 2017.
11. Mulla, The Transfer of Property Act, 12th ed, M R Hariharan (ed), LexisNexis, 2014.
12. H S Gour, Commentary on Transfer of Property Act, Delhi Law House, 2014.
13. B B Katiyar, Law of Easements and Licences, Universal Law Publishing, 2010.
LC 0703 Public International Law :
Objective of the Course : This course provides an insight into Public International Law and its
significance in the economically globalised world. It enables the students to understand the
interdependence of the countries and how they are constantly addressing the global issues
through peaceful measures. In view of the vastness of the subject, only important chapters have
been covered here. An Introductory perspective to International Law is aimed to provoke the
inquisitiveness of the students. A grasp on the key features and subtle perspective of the law and
its relevance will help the students in the preparation of various competitive examinations.
Module 01 Nature and Development of International Law :
1. Meaning and Definition of International Law
2. Theoretical Basis of International Law - Natural law Theory, Positive Law
Theory, Grotius Theory and Consent theory
3. Historical perspective of International Law - Codification of International
Law, Work of International Law Commission
Module 02 Sources of International Law :
1. Statute of the International Court of Justice, 1945 (Article 38) - International
Treaties and Conventions, International Custom, General Principles of Law
Recognized by Civilized Nations, Judicial Decisions of International and
National Courts, and Juristic Opinion
2. Other Sources of International Law - Resolutions of General Assembly,
Resolutions of Security Council
Module 03 Relationship between International Law and Municipal Law :
1. Theoretical Perspectives - Monistic Theory, Dualistic Theory,
Transformation theory, Delegation Theory, and Specific Adoption theory
2. Practice of States - United Kingdom, United States of America and India
Module 04 Subjects of International Law :
1. Meaning and Definition of State
2. Kinds of Different States in International Law – Sovereign States, Semi-
Sovereign States, Protectorate, Vassal, Trust Territories, Special type of
States - Holy State and Neutralized States
3. Individuals as subjects and object of Public International Law
4. Role and Status of Multi National Companies
Module 05 Recognition of States :
1. Meaning and Significance of Recognition
2. Theories of Recognition - Constitutive Theory, Declarative Theory,
Stimson Doctrine and Estrada Doctrine
3. Types of Recognition - De-facto, and De-jure
1. Recognition of Insurgency and Belligerency
Module 06 State Territory and State Succession :
1. Meaning and Definition of State Territory
2. Types of Acquiring and Loss of State Territory – Occupation, Prescription,
Accretion, Cession, Dismemberment, Retrocession (The Case of Hong
Kong)
3. Meaning and Concept of State Succession - Difference between State
Succession and Succession of Governments
4. States Succession to Treaties – Membership of International Organizations
Recent Developments, State succession to Public Property, Torts, Debts, and
Archives
5. Theories of State Succession to Treaties - Theory of Universal Succession,
Theory of Negativism, Contemporary Theories (Neo-Universalism and
Neo-Negativism), and Theory of Gestation (Nyerere Doctrine)
Module 07 State Jurisdiction :
1. Territorial Jurisdiction - Civil and Criminal jurisdiction, Universal
Jurisdiction, Extra territorial Jurisdiction of State
2. State Jurisdiction and State Territory-Land Territory -National Waters-
Territorial sea-Contiguous zone-Exclusive Economic Zone—Air and Outer
Space – obligations of states under outer space Treaty 1966
3. Jurisdiction based on Nationality - Modes of Acquiring and Losing
Nationality, Double Nationality, and Nationality of Married Women - Indian
position
4. Meaning and Significance of Statelessness - Role of UNHCR
5. Meaning and Definition of Extradition - Types of offenders and Process of
Extradition
6. Definition and Significance of Asylum - Territorial and Extra-Territorial
Asylum
Module 08 State Immunities and Privileges :
1. State Immunity - Absolute theory and Restrictive Theory of Immunity,
Views of the International Law Commission, and Waiver of Immunity
2. Significance and Functions of Diplomatic Agents and Classification of
Diplomatic Agents
3. Immunities and Privileges of Diplomatic Agents - Inviolability of
Diplomatic Agents
4. Inviolability of Premises - Immunity from local, Civil, Administrative and
Criminal Jurisdiction, Immunity from Taxes and Custom Duties, Freedom
of Movement, Travel, Communication and Worship
Module 09 Law of State Responsibility :
1. Nature and Basis of State Responsibility - Elements of State Responsibility,
State Responsibility in different fields
2. Theories of State Responsibility - Fault or Subjective Theory, Risk or
Objective theory, Eclectic Theories of Responsibility, Absolute Liability
3. Significance of Doctrine of Culpa
4. Defences precluding State Responsibility
Module 10 Law of Treaties :
1. Meaning and Definition of a Treaty, Types of Treaties
2. Parties to a treaty - Formation of a Treaty, Significance of Pact Sunt
Servanda
3. Significance of Jus Cogens, Role of Rebus Sic Stantibus (Changed
Circumstances) in Treaties
4. Procedure for Termination of Treaties
Module 11 Settlement of Disputes :
1. Legal and Political Disputes
2. Pacific Means
3. Extra-judicial Pacific Means- Negotiation- Good Offices- Mediation-
Conciliation- Inquiry- Arbitration
4. Coercive and Compulsive Measuresaa - Retortion - Reprisals - Embargo -
Pacific Blockade - Intervention.
Module 12 International Institutions :
1. Historical Origin of International Institutions - League of Nations - An
Overview, United Nations - Purposes and Principles
2. Structure, Powers and functions of (a) Security Council, (b) General
Assembly, (c) Economic and Social Council, (d) Trusteeship Council, (e)
Secretary General - Appointment, Powers and Functions
3. International Court of Justice - Historical Evolution and Composition, Types
of Jurisdiction of the Court - Contentious and Advisory, Law Applied by the
Court and Binding Nature of Judgment
4. Legal Status of International Organisations
Recommended Readings:
1. Robert Jennings and Arthur Watts (eds.), Oppenheim’s International Law (Vol. I – Peace)
Oxford University (2008).
2. I. Brownlie, Principles of Public International Law, 7th ed., Oxford University (2008).
3. I.A. Shearer, Starke’s International Law, 1st Indian ed., Butterworths (2007).
4. D.J. Harris, Cases and Materials on International Law, Sweet & Maxwell Ltd., 7th ed.,
(2010).
5. H.O. Agarwal, International Law and Human Rights, Central Law Publications, 21st ed.,
(2016).
6. Malcolm N. Shaw, International Law, Cambridge University Press, 7th ed., (2015).
7. J.G. Strake, Introduction to International Law, 10th Edition, Butterworth-Heinemann;
(1989).
8. D.W. Bowetts, Law of International Institutions (6th edn), Sweet and Maxwell, (2011).
9. S.K. Verma, An introduction to Public International Law, Prentice Hall (1998).
10. Gurdip Singh, International Law, Eastern Book Company, (2015).
11. V.K. Ahuja, Public International Law, Lexis Nexus (2016).
12. S.K. Kapoor, International Law and Human Rights, Central Law Agency.
13. Shilpa Jain, Introduction to International Law, Eastern Book Company (2016).
LP 0704 Practical Training Paper I - Professional Ethics and Contempt of Court Law :
Objectives of the Course : The professional ethics encompasses an ethical code governing the
conduct of persons engaged in the practice of law as well as persons engaged in the legal sector.
The objective of this course is to acquaint the students as to (a) legal profession in India during
- ancient, medieval and modern period, (b) professional ethics or duties, (c) the provisions of the
Advocate Act, 1961, and (d) the provisions of the Contempt of Courts Act, 1971. The purpose
of the course shall also be to provide or to enhance the practical knowledge of the students and
to acquaint them with the link between theory and practice.
Scheme of Marking :
Part A : University Written Examination : 80 Marks
Part B : Written Submissions (10 Marks) & Viva voce Examination (10 Marks) : 20 Marks
Note :
1. The college shall organise Interaction Session(s) of experts in the area of professional
ethics, contempt of courts, etc. with the students.
2. The purpose of the interaction session(s) should be to provide or to enhance the practical
knowledge of the students with respect to the course.
3. The concerned teacher is advised to orient the students, before organisation of interaction
session, as to purpose of interaction, concerned legal provisions, etc.
Recommended Readings :
1. K.V. Krishnaswamy Iyer, Professional Conduct and Advocacy, Oxford University Press.
2. Dr. Kailash Rai, Legal Ethics – Accountancy for Lawyers and Bench - Bar Relations
Central Law Publications, Allahabad, 2015.
3. B.R. Aggarwala, Supreme Court Practice and Procedure, Eastern Book Co.
4. P. Ramanath Iyer, Advocate his Mind and Art, Wadhwa Nagpur, 2003.
5. Dr. S.P.Gupta, Professional Ethics, Accountancy for Lawyers and Bench-Bar Relations,
Central Law Agency, Allahabad, 2004.
6. M.P. Jain, Outline of Indian Legal History, Chapter : Development of Legal Profession,
LexisNexis, 2014.
7. M.R. Mallick, The Advocates Act, 1961 with Professional Ethics, Advocacy, and Bar-
Bench Relationship. Kamal Law House, Calcutta, 2000.
8. Dr B Malik, The Art of a Lawyer The University Book Agency, Allahabad, 1999.
9. Raju Ramachandran : Professional Ethics for Lawyers, Changing Profession, Changing
Ethics, LexisNexis, 2004.
10. Saadiya Suleman, Professional Ethics & Advertising by Lawyers, Universal Law
Publishing, New Delhi, 2014.
11. M.K. Gandhi, The Law and the Lawyers, Navjeevan Publication, Ahemadabad.
12. Law Commission of India, Report No.274 on Review of the Contempt of Courts Act, 1971,
April 2018.
Optional Subject 3 (Any one from the following) :
Objectives of the Course : This course aims to acquaint the students with scope and significance
of comparative study of the constitutional law from the point of view of its making and it’s
contemporary working. It will help the students to appreciate the constitutional developments
from the national and international perspectives. It takes in its fold the basic principles of
interpretation of Constitution. It will enhance the comprehension of Constitutional law as a
branch of public law.
Recommended Readings :
1. D.D. Basu, Comparative Constitutional Law, LexisNexis Butterwoths Wadhwa, Nagpur.
2. D.D. Basu, Comparative Federalism, Wadhwa and Company, Nagpur.
3. Dr. Chakradhar Jha, Judicial Review of Legislative Acts, LexisNexis Butterwoths Wadhwa,
Nagpur.
4. M. V. Paylee, Constitutions of The World, Universal Law Publishing, Delhi, Vol.1&2.
5. M.P. Jain, Indian Constitutional Law, Wadhva and Company, Nagpur.
6. H.R. Khanna, Making of India’s Constitution, Eastern Book Co., Lucknow.
Objectives of the Course : The securities market plays a very important role in the growth and
development of Indian market economies. Mature and well-regulated securities market supports
corporate initiatives and also facilitate the management of financial risks. Also, retail investors
are investing an increasing proportion of their money in mutual funds and other collective
investments which places the securities markets at the central of individual wealth. This course
aims to introduce students to the various laws and regulations enacted by the competent
legislative and regulating bodies governing the operation and movement of security market.
Recommended Readings :
1. Sanjeev Agarwal, Guide to Indian Capital Market, Bharat Law House, 2009.
2. Imaad A Moosa, Foreign Direct Investment: Theory Evidence and Practice, Palgrave
MacMillan, 2010.
3. Niti Bhasin, FDI In India, New Century Publication, 2008.
4. V.A. Avdhani, Investment and Securities Market in India, Himalaya Publishing House,
2011.
5. Vishal Saraogi : Capital Markets and Securities Laws Simplified, Lawpoint Publication.
6. E. Gordon & K. Natarajan: Capital Market in India; Himalaya Publishing House.
7. V.L. Iyer : SEBI Practice Manual; Taxmann Allied Service (P) Ltd.
Objectives of the Course : The Indian Penal Code, 1860 is not the only criminal law in India,
though it is one of the major criminal law. Apart from Indian Penal Code there are many other
criminal legislations. In a post-independence period many legislations were enacted by the
Centre and State to control crime and criminal behavior. These special legislations redefined
crime and the criminal procedure to be followed. These legislations are rampantly been used by
police and courts in day to day life. The course is designed to acquaint the students with few
important criminal laws, which are essential for all criminal law lawyers.
Recommended Readings:
1. Sunil Dighe, The Maharshtra Police Act 1951, Snow White Publication, 2016.
2. D.R. Chaudhary & A.N. Choudhary, The Maharashtra Control of Organized Crime Act
1999, CTJ Publications.
3. A.S. Ramachandra Rao, Commentary on the Prevention of Corruption Act, Universal
Publication Co., New Delhi.
4. R.P Kataria, Law Relating to Narcotic Drugs and Psychotropic Substances in India,
Oriental Publication.
5. Taxmann on Juvenile Justice (Care and Protection of Children) Act, 2015.
6. Dr. R.K. Chaubey, ‘An Introduction to Cyber Crime and Cyber Law’, Kamal Law House.
7. Dr. J.P. Mishra, An Introduction to Cyber Laws, Central Law Publications, 1st edn. 2012.
8. Rohatgi and Karkare, ‘Guide to Cyber Law & Crimes’, 3rd edn. Whytes & Co. 2018.
Objectives of the Course : This course enables a student a study of the form of organisation set
up for mutual benefit. The first part of the course is about principles of cooperation, its history,
growth and development and the characteristics of a cooperative society. The other
part of the course is a detailed study of the Maharashtra Co-operative Societies Act 1960 (the
MCS Act, 1960) which will enable a student to know about the process of formation,
management and control of cooperative societies, their relations with third parties and its
members, and settlement of disputes between the society and its members. This study will equip
a student to understand this special law, and to specialize in this branch of law.
Objectives of the Course : Private International Law, also known as conflict of laws, is a
national law, consisting of rules that enable finding that law of that country which will govern
disputes among private parties that involve a foreign element.
This course is important for every student interested in developing civil and commercial practice
relating to cross border issues involving contracts, property, succession, marriage, divorce, and
adoption. Study of this law will also give an international and comparative perspective to the
study of different laws required in practice of civil law.
Module 01 Introduction :
1. Meaning and definition of Private International Law
2. Historical development of Private International Law and Indian Private
International Law
3. Nature, scope, theories and sources of Private International Law
4. Relationship between Public International Law and Private International
Law
Module 02 Characterization :
1. Meaning, and nature of problem requiring characterization
2. Concept and theories of characterization - based on lex fori, lex causae;
Two-fold characterization (primary and secondary), Comparative Law
3. Process and stages of characterization -
a) Characterization of factual situation
b) Characterization of connecting factor
c) Characterization of proper law
4. Doctrine of renvoi : Meaning, process and theories of renvoi
a) The mutual disclaimer theory
b) The theory of renvoi proper
c) The foreign court theory
Module 03 Domicile as a Connecting Factor :
1. Meaning and definitions
2. Acquisition of domicile -
a) Domicile of independent persons : Domicile of origin; Domicile of
choice: residence and intention, abandonment of domicile of choice,
comparison between domicile of origin and choice; Domicile of
refugees, fugitives
b) Domicile of dependents : married women, minor children, lunatics
c) Domicile of legal persons
Module 04 Law of Property :
1. Characterization - movable and immovable property
2. Transfer of immovable property, concept of lex situs, capacity and formal
validity of transfer, the Mozambique rule and exceptions
3. Transfer of tangible and intangible movable property, meaning, Theories -
lex domicile, lex actus, lex situs and proper law; Issues in transfer of tangible
movables, Assignment of intangibles - debts and documents,
voluntary and involuntary assignment
Module 05 Law of Contractual Obligations :
1. Proper law of contract - meaning and nature, freedom of choice, implied
choice of law, Real and substantial connection theories
2. Validity and formation of contract - creation of contract, formal and material
validity, capacity, contracts contrary to public policy and procedural law
3. Interpretation of contract
4. Discharge of contract - performance and impossibility of performance, lex
loci contractus and lex loci solutionis
Recommended Readings :
1. Dicey, Morris & Collins, Conflict of Laws, Sweet and Max well 15th ed., 2016.
2. James Fawcett and Janeen M Carruthers, Cheshire and North’s Private International Law
Oxford University Press, 14th ed., 2008.
3. Setalvad, Atul M., Conflict of Laws, Lexis Nexis, 2014.
4. Paras Diwan, Private International Law : Indian and English; Deep & Deep, 2008.
5. K.B. Agraawal & Vandana Singh, Private International Law in India, Wolters Kulwer
International, 2010.
6. Universal Law Series, Private International Law, Universal Law Publishing, 2016.
7. V. C. Govindraj, The Conflict of Laws in India- Inter-Territorial and Inter-Personal
Conflict Oxford University Press, 2011.
Objectives of the Course : The labour movement has been instrumental in the enacting of laws
protecting labour rights in the 19th and 20th centuries. Labour rights have been integral to the
social and economic development since the industrial revolution. After the Independence the
government of India has enacted numerous legislations for the regulation of labour relations
and their welfare. Labour and Industrial law mediates many aspects of the relationship between
trade unions, employers and employees. It defines the rights and obligations of workers, union
members and employers in the work place. An understanding of Labour Laws is very essential
for law students because of the fact that the scope and ambit of these laws is very wide and is
touching the lives of millions of people in the country.
Recommended Readings :
1. Avtar Singh and Harpreet Kaur, Introduction to Labour and Industrial Law, LexisNexis.
2. G.M. Kothari, How to Conduct and Defend Disciplinary Inquiry and Cases, Eastern Book
Company.
3. H.L. Kumar, Law Relating to Disciplinary Proceedings in Industries, Universal Publishing
Co Pvt. Ltd.
4. P.L. Malik, Handbook of Labour and Industrial Law, Eastern Book Company.
5. S.D. Puri and Sandeep Puri, Treatise on the Contract Labour (Regulation and Abolition)
Act,1970, Snow White Publications.
6. S.K. Puri, Labour and Industrial Law, Allahabad Law Agency.
7. S.N. Mishra, Labour and Industrial Laws, Central Law Publications.
8. S.P. Jain, Industrial and Labour Laws, Dhanpat Rrai & amp: Co.
9. Taxmann's Labour Law.
10. V.G. Goswami, Labour and Industrial Laws, Central Law Agency.
LC 0802 Jurisprudence :
Objectives of the Course : The course aims at developing an analytical approach to understand
the nature of law and the development of legal system. Jurisprudence seeks to answer
fundamental questions about law. The concerns of jurisprudence are an inescapable feature of
the law and legal system. Jurisprudence has generous frontiers. It accommodates copious
subjects of intellectual enquiry. This course identifies and elucidates several of the major
preoccupations of legal theory. This course also create an understanding of basic legal concepts
like Rights, Person, Property, Title, Possession, Ownership, Liability, Obligation which are basic
to the study of Law.
Recommended Readings :
1. Bodenheimer Jurisprudence – The Philosophy and Methods of Law, Universal Law
Publishing, 1996.
2. Fitzgerald, (ed.) Salmond on Jurisprudence, Sweet & Maxwell, 1999.
3. W. Friedman, Legal Theory, Universal Law Publishing, New Delhi, 1999.
4. H.L.A. Hart, The Concept of Law, Oxford University Press, ELBS, 1970.
5. Hilaire McCoubreyand Nigel D. White, Textbook on Jurisprudence, Oxford University
Press, 1999.
6. M.D.A. Freeman (ed.), Lloyd’s Introduction to Jurisprudence, Sweet and Maxwell, 1994.
7. Mark Kelman, A Guide to Critical Legal Studies, Universal Law Publishing Co., 2010.
8. N.Y. Jayakumar, Lectures in Jurisprudence, 2nd Ed., LexisNexis.
9. P.S. Atchthew Pillai, Jurisprudence and Legal Theory, Eastern Book Company.
10. Paton G. W. Jurisprudence, Oxford University Press, ELBS, 1972.
11. Raymond Wacks, Understanding Jurisprudence, Oxford University Press, 2012.
12. Roscoe Pound, Introduction to the Philosophy of Law, 1998 Re-print, Universal
Publication, Delhi.
13. Suri Ratnapala, Jurisprudence, Cambridge University Press, 2009.
14. V. D. Mahajan, Jurisprudence and Legal Theory, 1996 Re-print, Eastern Books, Luknow.
15. Vijay Ghormade, Lectures on Jurisprudence & Legal Theory, Hind Law House, Pune.
Objectives of the Course : The Indian Evidence Act, 1872 is the important source of Law of
Evidence. The objectives of the course are to equips the students with knowledge of : (a) the
fundamental principles of evidence law, (b) the strict application of it in judicial proceedings,
(a) the role of evidence law in civil and criminal proceedings, (d) the connection of the course
with substantive and other procedural laws, and (e) the relevance of the course in non-litigation
practice. The student will also be exposed to the concerned provisions of the Information
Technology Act, 2000.
Objectives of the Course : The objective of this course is to acquaint the students with various
modes of Alternate Dispute Resolution System (ADR). The ADR mechanism is less bound by
procedural formalities and speedy in giving results. For this reason ADR is appreciated by many
countries around the world. The course is designed to give the students insightful knowledge
about this emerging area. The goal of the course is to help the students to understand practically
the various methods of resolving disputes under ADR system, so that they can help their clients
and society to select and employ the most effective, just and humane methods. The inability to
resolve disputes in a timely manner eviscerates public and private rights obligations. To
overcome this drastic situation ADR is highly recommended and accepted. The course covers
study of the Arbitration and Conciliation Act, 1996, the Legal Services Authority Act, 1987 and
few international perspectives and enforcement of foreign awards.
Scheme of Marking :
Part A : University Written Examination : 80 Marks
Part B : Written Submissions (10 Marks) & Viva voce Examination (10 Marks) : 20 Marks
Note :
1. The college shall organise interaction session(s) of experts in the Alternate Dispute
Resolution System with the students.
2. The college shall also organise a visit of students to State Legal Services Authority / District
Legal Services Authority / Taluka Legal Services Committee / Local Legal Aid Centre to
observe actual working of the Authority. Alternatively, the college may organise an
interaction session(s) of experts in the concerned area with the students.
3. The purpose of the visit / interaction session should be to provide or to enhance the practical
knowledge of the students with respect to the course.
4. The concerned teacher is advised to orient the students, before organisation of visit /
interaction session, as to purpose of visit / interaction, concerned legal provisions, etc.
Objectives of the Course : The National Legal Systems recognized the rights of individuals
from ancient periods and extended protection through various legal regulations. However, they
could not provide an effective remedy for breaches outside the state and state violations. This
scenario and other developments in the beginning of 20th century led the nation-states to bring
the aspects of individual's rights under the purview of international law and appropriately titled
them as Human Rights with the adoption of Charter of UN in 1945. In pursuance of the
directions of the preamble and other provisions of Charter, a plethora of international instruments
have been agreed upon by the States Parties to Protect and promote the Human Rights of
Individuals both at international and domestic levels. In view of the gaining significance of
International Law of Human Rights, this course presents subtly an overview of the International
and Domestic perspectives of Human Rights along with the redressal mechanism.
Module 01 Introduction :
1. Historical origins of Human Rights in International and National Scenario -
Nature and an overview
2. Basic Components of Human rights – Value, Dignity, Equality, Justice,
Morals and Ethics and Significance
3. Perspectives on Rights and Duties – Relationship between Rights and
Duties
4. Provisions under the Charter of UN – Preamble, Articles 1(3), 13(1)(b), 55
and 56
5. International Bill of Human Rights (UDHR, ICCPR, ICESCR) - Nature and
significance
6. Introduction to generation of Human Rights
Module 02 First Generation Human Rights :
The Civil and Political Rights – ICCPR, Part III of the Constitution of India and
Landmark Cases :
1. Civil Rights: Freedom of Opinion - Freedom of Expression and Press, Right
to Personal Security in relation to justice and police, Equality before Law,
Right to Life and Liberty, Right to Privacy, Right to Religion
2. Political Rights: Equal access to Public, Participation in Governance, Right
to Vote and Good Governance
Module 03 Second Generation Human Rights :
The Economic, Social and Cultural Rights : ICESCR, Part IV of the Constitution
of India and Landmark Cases :
1. Economic and Social Rights: Labour Rights, Right to Property, Right to
Education, Freedom of Association, Right to Social Security (Pension,
Medical Services - Right to insurance for sickness, old age – Unemployment
allowance etc.)
2. Cultural Rights: Right to develop Languages, Right to follow Customs,
Folkways, Literature, and Traditions, Right to enjoy Scientific and
Technological benefits
Module 04 Third and Fourth Generation Human Rights :
1. Group Rights (Third Generation Rights) : Right to Development, Right to
Self-determination, Right to Peace and Happiness, Right to Safe and Decent
Environment, Right to Human Assistance, Right to Adequate Food, Right to
water - Landmark Cases
2. Right to Genetic Engineering (Fourth Generation Rights) : Right to Protect
Human Genome against unethical and unfair exploitation of genetic
information (The UNESCO Declaration on Human Genome from 1997),
Right to Genetic Identity, Right to impose restrictions on medical (Scientific
and Technology) interference, Right to Die in Peace and Dignity, Right to
Life of the Unborn (with reference to abortion and infanticide). Relationship
of Science & Technology and Human Rights
3. Upcoming Human Rights –right to science, right to participate in science,
right to benefit from science, right to benefit from a person's own contribution
or invention, etc.
4. The Conflict Between Generations of Rights
Module 05 Human Rights of Vulnerable and Disadvantaged Groups :
1. Meaning and Definition of Vulnerable and Disadvantaged Groups
2. Social and Economic Status of Women and Children
3. Status of Socially and Economically Disadvantaged groups - Rights of
Indigenous People (Scheduled Tribes), Scheduled Caste, Minorities, Aged
and Disabled
4. Vulnerable Groups - Sex Workers, Domestic Workers, Stateless Persons,
Migrant Workers, HIV/AIDS patients, LGBTQ and Prisoners
Module 06 Enforcement Mechanism of International Human Rights - Constitution,
Powers and Functions :
1. The Human Rights Committee under ICCPR
2. The Committee on Economic, Social and Cultural Rights under ICESCR
3. The Committee on Elimination of Discrimination Against Women under
CEDAW
4. The Committee on the Rights of the Child under CRC
5. Role of Human Rights Council and Office of the High Commissioner for
Human Rights
Module 07 Human Rights Enforcement in India :
1. The Protection of Human Rights Act, 1993 – Object, Nature, Scheme,
Definitions, Landmark cases
2. Constitution, Powers and Functions of -
a) National Human Rights Commission
b) National Commission for Women
c) National Commission for Protection of Child Rights
d) National Commissions for Scheduled Castes, Scheduled Tribes,
Minorities and other disadvantaged groups
3. Role of Judiciary in Enforcement of Human Rights
4. Human Rights Courts and their importance
Module 08 Significance of Human Rights Education :
1. Meaning and Definition of Human Rights Education
2. Role of UN in the Promotion of Human Rights Education
3. Role of Government of India in the Promotion of Human Rights Education
– UGC and Universities
Recommended Reading:
1. V. K. Ahuja, Public International Law, LexisNexis, Noida, 2016.
2. Gurdip Singh, International Law, Eastern book company, Lucknow, 2016.
3. Editors, Eibe Riedgal, Gilles Giacca, Christophe Golay, Economic social and Cultural
Rights in International Law, Oxford University Press, 2014
4. Walter Kailin and JorgKunzli, The Law of International Human Rights Protection, Oxford
University Press, New York, 2010.
5. Peter N. Strarms, Human Rights in World History, Routledge, New York, 2010.
6. De Schutter, International Human Rights Law, Cases, Materials Commentary, Cambridge
University Press, New Delhi, 2010.
7. V.R. Krishna Iyer, The Dialectics and Dynamics of Human Rights in India - Yesterday,
Today and Tomorrow, Eastern Law House, New Delhi.
8. Manoj Kumar Sinha, Implementation of Basic Human Rights, LexisNexis.
9. Editors, Ian Brownlie and Guy S. Goodwin-Gill, Basic Documents on Human Rights,
Oxford University Press.
LO 0806 Competition Law :
Objectives of the Course : There is aggressive competition in today’s market. New start-ups
and entrepreneurs are emerging almost every day. With opening of Indian markets in almost all
sectors, the study of Competition law becomes inevitable. It is a rapidly growing area of law,
which reflects the free market economy and increasing world globalization. The course aims to
give an overview on the basics of Competition Law in India through a comparison of the main
jurisdictions (especially USA, UK and EU) and thus provide a solid background for further
studies on this subject. The course will examine and compare the application of competition law
to business agreements, the exercise of dominant position, the combinations between the firms
and sellers and the enforcement mechanisms.
Module 01 Introduction :
1. Basic Concepts : Customer and Consumer, Market, Types of Market –
Perfect Market, Monopoly, Oligopoly and Monopsony
2. Rationale behind Competition Law
3. Constitutional aspect of Competition Law with respect to Human Rights
and Social Justice (Article 39 (b) and (c) of the Constitution of India)
4. Relation between Competition Policy and Competition Law
5. Objectives of Competition Law
6. Economic analysis of Competition Law
Module 02 Historical Development of Competition Law :
1. History and Development of Competition Law / Antitrust Law
2. Development of Competition Laws in USA, UK and EU
3. Sachar Committee Report, Raghavan Committee Report
4. Salient Features of the MRTP Act, 1969
5. The Competition Act, 2002 vis a vis the MRTP Act, 1969
6. The Competition Act, 2002 – Objectives and Salient Features
7. Important Definitions under the Competition Act, 2002
8. Brief overview of Competition Law in USA, UK and EU
Module 03 Anti-Competitive Agreements :
1. Anti- Competitive Agreements : Meaning and Scope
2. Types of Anti-competitive agreements - Horizontal and Vertical agreement
3. Per se Illegal Practices and Rule of Reason
4. Exemption from anti-competitive agreements
5. Prohibition of anti-competitive agreement / cartel / bid rigging
6. Practices, decisions and agreements resulting into cartels
7. Pro-competitive and anti-competitive effects of joint ventures
8. Pro-competitive and anti-competitive effects of vertical agreements
9. Prevention of anti-competitive agreements in USA, UK and EU
Module 04 Regulation of Abuse of Dominant Position :
1. Economics of abuse of dominance
2. Types of Abuse by a Dominant Player : Exploitative Abuses : Vertical
restraints and Excessive pricing: Exclusionary Abuses - Price
discrimination, discounts and predation Enterprise
3. Relevant Market
4. Dominance in Relevant Market
5. Relevance of sector specific competitive dynamics on dominant position
6. Predatory Pricing
7. Defenses against abuse of dominance
8. The remedies in case of abuse of dominance
9. Prevention of Abuse of Dominant Position in UK and USA
Module 05 Regulation of Combinations :
1. Combinations : Merger, Acquisition, Amalgamation and Takeover
2. Jurisprudence of Horizontal, Vertical and Conglomerate Mergers
3. Private Equity Investments
4. Notification of combinations
5. Jurisdictional test : Turn over, Asset, Domestic nexus, Exemptions
6. Regulations and Penalties
7. Position in USA, UK and EU
Module 06 Enforcement Mechanisms :
1. Establishment and Constitution of Competition Commission of India,
Powers and Functions
2. Jurisdiction of the CCI
3. Director General of Investigation (DGI) - Penalties and Enforcement
4. Competition Appellate Tribunal
5. Adjudication and appeals
6. Competition Advocacy in India and International Perspective
Module 07 Interface of Competition Law with other Laws :
1. Intellectual Property Rights and Competition Law
2. International Trade and Competition Law
3. Consumer Law and Competition Law
Recommended Readings :
1. Richard Whish and David Bailey, Competition Law, Oxford University Press, 9th ed, 2018.
2. Avtar Singh, Competition Law, Eastern Book Company, 1st ed, 2012.
3. Vinod Dhall, Competition Law Today, Oxford University Press. 2nd ed, 2019.
4. Abir Roy, Competition Law in India: A Practical Guide, Kluwer Law International B. V.,
2016.
5. Srinivasan Parthasarathy, Competition Law in India, Kluwer Law International B.V., 2017.
6. T. Ramappa, Competition Law in India: Policy, Issues, and Developments, Oxford
University Press, 2014.
7. Alison Jones, Brenda Sufrin, EU Competition Law: Text, Cases, and Materials, Oxford
University Press, 6th ed, 2016.
8. Barry Rodger, Angus MacCulloch, Competition Law and Policy in the EU and UK,
Routledge, 5th ed, 2104.
9. Kirsty Middleton, Barry Rodger, Angus MacCulloch, Cases and Materials on UK and EC
Competition Law, Oxford University Press, 2nd ed, 2009.
10. Maher M. Dabbah, International and Comparative Competition Law, Cambridge University
Press, 2010.
11. Cedric Ryngert, Jurisdiction Over Cross – Border Mergers : A US –EU perspective.
Competition Law – Emerging Trends, 94-124, P. Satyanarayana Prasad ed., The ICFAI
University Press, Amicus Books, 1ST ed. 2007.
LO 0807 Vulnerable and Disadvantaged Groups and Criminal Law :
Objectives of the Course : In India there are multiple socio-economic disadvantages that
members of particular groups experience. The task of identifying the vulnerable groups is not an
easy one. Besides there are multiple and complex factors of vulnerability with different layers
and more often than once it cannot be analyzed in isolation. In this course the vulnerable groups
that face discrimination include- Women, Scheduled Castes (SC), Scheduled Tribes (ST) and
Children. Since the British era, criminal law was used to eradicate social evils. The fear of
punishment was a tool of social change. In post-Independence period the modern State has used
criminal law to bring social change. This Course will help students to understand the role of
Criminal Law in protecting the vulnerable and disadvantaged groups in India.
Recommended Reading :
1. P.S. Narayana, Commentary on the Protection of Children from Sexual Offences Act, 2002
and Rules, Universal Law Publishing, New Delhi.
2. B. R. Beotra’s the Immoral Traffic (Prevention) Act, 1956 (With State Rules), The Law
Book Company (p) Ltd, Allahabad.
3. Laita Dhar Parihar, Women & Law from Impoverishment to Empowerment- A Critique,
Eastern Book Company, Lucknow.
4. B.P. Beri, Commentaries on the Dowry Prohibition Act, 1961, Eastern Book Company.
5. The Dowry Prohibition Act, 1961, by SCC Editorial, Eastern Book Company.
6. Smita Narula, Broken People : Caste violence against India’s Untouchables, Human
Rights Watch.
7. K.B Saxena, Report on Prevention of Atrocities against Scheduled Castes, National Human
Rights Commission, 2002.
Objectives of the Course : This Course covers subjects that a civil practitioner needs to address
very often. The aim of the course is to introduce the students the knowledge law with respect to
Interest, Civil Courts, Suits Valuation, Court Fees, Registration of documents, Stamp duties and
Negotiable Instruments.
Module 01 The Interest Act, 1978 :
1. Object, application and definitions under the Act
2. Power of court to allow interest
3. Effect of provisions relating to interest in other statutes
4. Section 34 of the Civil Procedure Code
5. Powers of an arbitrator to award interest
Module 02 The Maharashtra Civil Courts Act, 1869 :
1. Object, application and definitions under the Act
2. District Courts, Joint District Judges and Additional District Judges
3. Civil Judges - Appointment, Jurisdiction, Classes of Civil Judges, Transfer of
Suits and Appeals
4. Temporary Vacancies
Module 03 The Suits Valuation Act, 1887 :
1. Object, application and definitions under the Act
2. Valuation for Suits relating to Land
3. Valuation in other Suits
4. Objections in Appeals to over valuation or under valuation
Module 04 The Maharashtra Court Fees Act, 1959 :
1. Object, application and definitions under the Act
2. Rule Regarding to the Valuation of Suits
3. Court fees, Nature of levy
4. Documents chargeable to court-fees, Plaint and counter-claims
5. Exempted documents, Mandatory nature of payment
6. Computation of court fees, Fixed fees and ad-valorem fees, Modes of
collecting court fees, Cancellation of stamp
7. Decision of questions as to valuation
8. Refund of court fees
9. Multifarious suits
Module 05 The Registration Act, 1908 :
1. Object, application and definitions under the Act
2. Establishment of Authorities, their Powers and Duties, Register - Books
3. Registrable Documents - compulsory, optional, contents of documents
4. Time of Presentation and place for Registration
5. Procedure of Registration
6. Registration and Deposit of wills
7. Inspection and copies of Books and Indexes Registration
8. Effect of Registration and Non-registration
9. Refusal to Register, Grounds for refusal
Module 06 The Maharashtra Stamp Act, 1958 :
1. Object, application and definitions under the Act
2. Authorities under the Act and their powers and functions
3. Liability of Instruments to Duty
4. Stamps and mode of using them
5. Valuations for Duty
6. Duty by whom Payable
7. Adjudication as to Stamps
8. Instruments not duly Stamped
9. Offence, Penalties and Procedure
Module 07 The Negotiable Instruments Act, 1881 :
1. A negotiable instrument, types, definitions
2. Essential features of negotiable instruments, and type of instrument,
Instruments payable to order or to bearer, payable at specified time or on
demand
3. Maturity of an instrument
4. Parties to negotiable instruments, their rights and liabilities
5. Negotiation – Meaning, Requirements, Types of endorsements, Modes of
negotiation, Who can negotiate?, Effect of negotiation by various modes,
Negotiation in particular cases (Sections 57-59), Period of negotiation (Section
60)
6. Presentment - Purposes of presentment, Time for presentment, Place of
presentment, Presented to whom? Effective presentment, Delay in presentment,
When is presentment not necessary? Liability of banker for negligent dealing
7. Payment and Interest, Delivery of instrument, Immunity to bankers
8. Discharge from liability on negotiable instruments, Modes of discharge
9. Dishonour, Modes of dishonor, Notice of dishonor, Noting and protest
10. Acceptance and payment for honour and reference in case of need
11. Compensation
12. Rules of evidence, Presumptions and estoppel
13. Crossed cheques
14. Bills in sets
15. Penalties in case of dishonor, Criminal liability, Procedure
Recommended Readings :
1. Mulla, The Registration Act, 13th ed, K Kannan (ed), LexisNexis, 2016.
2. Malik’s Commentary on The Registration Act 1908 with State Amendments, 4th ed, Delhi
Law House, 2016.
3. Sanjiva Row, Registration Act, 15th ed, Law Publishers, 2015.
4. K Krishnamurthy’s The Indian Stamp Act, 12th ed, M R Hariharan Nair and Boris Paul
(ed), LexisNexis, 2017.
5. Sunil Dighe, The Maharashtra Stamp Act, Snow White Publications, 2017.
6. Mahendra Jain and H M Bhatt, The Maharashtra Stamp Act 1958, Law Times, 2017.
7. A N Khanna, Law of Court Fees and Suits Valuation, 8th ed, Universal Law Publishing,
2011.
8. MLJ Manual on the Court Fees Act 1870, LexisNexis, 2017.
9. Khergamvala on the Negotiable Instruments Act as amended by Negotiable Instruments
(Amendment) Act 2015, S Abdul Khader Kunju ed., 22nd ed, LexisNexis, 2017.
10. D S Chopra, A Commentary on Sale of Goods, Partnership and Negotiable Instruments,
Thomson Reuters, 2016.
LO 0809 International Economic Law :
Objectives of the Course : With the Changing dimensions of Globalisation and the increasing
dependence on economic relations by the nation states, the significance of international law has
grown considerably in the contemporary era. The relations of nation-states are mostly depending
on economic cooperation than on political perspectives as compared to yester years. In order to
have a broad outlook of the nation-state relations in the field of economic era, this course equips
the student to get an overview of economic legal scenario of states.
Module 01 Introduction :
1. Definition and Nature of International Economic Law
2. Sources of International Economic Law
3. Relationship between national and international economic laws
Module 02 Developments in the context of De-colonization :
1. Origin and Development of International Economic Law - Bretton Woods
Conference
2. Concern of Developing States: New International Economic Order (NIEO)
3. Significance of Resolution on Permanent sovereignty Over Natural
Resources
4. The Charter of Economic Rights and Duties Law
5. Sustainable Development under United Nations
Module 03 International and Regional Financial Institutions :
1. IBRD Structure Powers and Functions - Significance of IRO
2. Structure Powers and functions of IMF
3. Structure Powers and Functions of World Bank
4. Structure powers and Functions of Asian Development Bank
5. Structure Powers and Functions of G-20
6. Structure Powers and functions of BRICS
Module 04 International Trade Law :
1. GATT :
a) Historical origin
b) Organs
c) Uruguay round and its impact on International Economic Law
d) Significance of most Favoured Nations Clause and National Treatment
e) Objective Principles of GATT 1994 –Reduction of Tariff and Non-
Tariff Barriers to Trade.
f) General Exceptions to Article XX and XXI of GATT 1994
g) Safe Guard Measures under XIX of GATT 1994
2. WTO and International Economic Law :
a) Historical origins of WTO
b) Structure Powers and Functions
c) Role and Responsibility of Secretariat
d) Dispute Settlement System under WTO
e) Impact of WTO Law on Domestic Law
Module 05 International Investment Law :
1. Foreign Investment: Meaning and Types
2. BITs
3. Dispute Settlement Regime (ICSID)
4. Indian Perspective
Module 06 International Business Law :
1. International Sale and Carriage of Goods
2. Rome Convention
3. CISG (UN Convention on Contracts for International Sale of Goods)
Recommended Readings :
1. Asif H. Qureshi, International Economic Law (London: Sweet & Maxwell, 1998).
2. John Jackson, William Davey and Alan Sykes, International Economic Relations (West
Academic Publishing, 1995).
3. Matthias Herdegen, Principles of International Economic Law (Oxford University, 2016).
4. Hazel Fox (ed.), International Economic Law and Developing States: Some Aspects
(British Institute of International, 1992).
5. I.Seidi, Hohenveldern, International Economic Law (Kluwer Law International, 1992).
6. Bhandari and Sykes, Economic Dimensions in International Economic Law (Cambridge
University Press, 1999).
7. Van Meerhaeghe, International Economic Institutions (Springer, 1998).
8. O’Conell, International Law, Vol. I & II, Oxford University Press.
9. Harves D.D., Cases and Materials on International Law, (Sweet & Maxwell; 1991).
10. Schwazenberger, Foreign Investment and International law, Article published by Modern
Law Review, November, 1969.