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3 Year Syllabus

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199 views47 pages

3 Year Syllabus

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© © All Rights Reserved
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DEPARTMENT OF LEGAL

STUDIES
CHENNAI

3 YEAR LL.B.,
BACHELOR OF LAW
DEGREE COURSE

SYLLABUS

I to VI Semester
(for all Three years)

Compiled by

Dr. N. Kayalvizhi M.L., Ph.D.,


Associate Professor of Law, Chennai Dr.
Ambedkar Govt. Law College,
Pudupakkam - 603 103.
NOTE INDEX
Exam Page
S.No Subject
code No
For the Students admitted from the Academic Year 2017 - FIRST YEAR
2018 onwards the Examination pattern is 70 : 30 (70 Marks SEMESTER - I
1. TA1A English -1 5
for University External examination and 30 marks for Internal
2. TA1B Jurisprudence 7
Assessment Component as given below) 3. TA1C Law of Contracts - I 8
4. TA1D Law of Torts 11
5. TA1E Family Law - I 13
6. TA1F Law of Crimes 15
1. Mid Term Test : 10 Marks
SEMESTER - II
2. (a) Submission of Assignment / Project : 07 Marks 1. TA2A Law of Contracts - II 17
2. TA2B Property Law 21
(b) Presentation of Assignment /Project : 03 Marks
3. TA2C Constitutional Law - I 24
4. TA2D Family Law - II 26
3. Comprehensive Viva-voce : 05 Marks
5. TA2E Clinical Course - I 27
SECOND YEAR
4. Attendance : 05 Marks SEMESTER - III
1. TA3A Constitutional Law - II 31
Total : 30 Marks
2. TA3B Land Laws 33
3. TA3C Interpretation of Statutes 35
4. TA3D Company Law 37
5. TA3E Banking Law 39
(The Four Clinical Courses given in the index SEMESTER - IV
will have only Internal Components for full 100 1. TA4A Law of Evidence 43
2. TA4B Administrative Law 45
Marks.)
3. TA4C Labour Law - I 48
4. TA4D International Law 50
5. TA4E Clinical Course - II 52
Exam Page
S.No Subject
code No
THIRD YEAR
SEMESTER - V FIRST YEAR
1. TA5A Civil Procedure Code 55 I - Semester
2. TA5B Criminal Procedure Code, 57
3. TA5C Environmental Law 60
1. ENGLISH (TA1A)
4. TA5D Labour Law - II 63
5. TA5E Taxation Law 65 Unit - I Prose
6. TA5F Clinical Course - III 68
SEMESTER - VI 1. The Divisions of the Law
1. TA6A Human Rights Law 70
2. Mechanism of Scholarship
2. TA6B Criminology and Penology 74
3. TA6C Intellectual Property Law 76 3. Methods of Study
4. TA6D Clinical Course - IV 79
4. Case Law Technique

5. Working out Problems

6. Moots and Mock Trials

from Learning the Law by Glanville Williams

7. Part-I: Keeping the streams of Justice Clear and Pure from The
Due Process of Law by Lord Denning

Unit - II Linguistics

1. Phonetics - Speech Sounds - Vowels,


Diphthongs & Consonants Transcription

2. Language Acquisition - Uses and


Problems, Language Register, Jargon,
Dialectal Variation of Language

Department of Legal Studies, Chennai Department of Legal Studies,Chennai 5


Unit - III Logic 2. JURISPRUDENCE (TA1B)
General Principles of Logic - Deductive and Inductive Logic,Syllogism,
Rules of Syllogism; Proposition, Distribution of Terms and Fallacies.
Unit - I Nature and definition of Jurisprudence.
Unit - IV Essays Unit - II The various schools of jurisprudence and their methodology.
Essay Writing on topics of Legal Interest Unit - III Nature and definitions of law - Different kinds, and
classification, Imperative theory of law - Constitutional law and
International law - their nature.
Books for Reference Unit - IV The concept of State and Sovereignty - a general outline.
1. Glanville Williams : Learning the Law (14 Edition)
th
Unit - V Sources of law - Legislation, Precedent and Custom.
2. Lord Denning ; The Due Process of Law
Unit - VI Administration of Justice.
3. David Annousamy ; Answers to Language problems
Unit - VII Juristic Concepts of Rights and Duties, Title, Persons,
4. K. Sreedhara Variar ; Logic Liability, Ownership, Possession, Property and Obligation.

5. W. Bedford Soloman ; Pre-University Logic

6. Daniel Jones ; English Pronouncing Dictionary Books for Reference :


7. Sasikumar V. and ; Spoken English: A Self-earning 1. Salmond - Jurisprudence
P.V. Dhamija, 1993 Guide to Conversation Practice. 2. Paton - Jurisprudence.
34 Reprint Tata McGraw Hill,
th
3. Monica David - Jurisprudence.
New Delhi.
4. G.C.V. Subba Rao - Jurisprudence.
8. Lewis, Norma, 1991 ; Word Power Made Easy -
Pocket Books 5. Avatar Singh - Jurisprudence
6. Mahajan - Jurisprudence

*********
***
************

Department of Legal Studies, Chennai Department of Legal Studies,Chennai 6


Unit - IX Flaw in Consent: Mistakes of Fact and Law - As to
3. LAW OF CONTRACT- I (TA1C) identify As to title - As to the existence the Non-Subject matter - As to
‘quality - As to written contract (non est factum) Error in Verbis-Error in
‘Causa’ difference between English and Indian Law.
Unit - I Introduction to General Principles of contract : Basis
and Nature of Contracts. Unit - X Misrepresentation: Innocent or Fraudulent - Elements of
an Effective Representation - Can Silence Amount to Representation
Unit - II Privity of Contract - Development of Contract - which is a Term of Contract or Mere Representation - Condition or
Development of Specialised Contract.
Warranty.
Unit - III Types of Contract - Void. Voidable and Unenforceable Unit - XI Limits or Rights to Rescind.
Contracts: Express and Implied Contracts, Unilateral and Bilateral
Contracts - e - Contracts - Analysis of Contract - Theory Consensus Unit - XII Coercion - Duress. Undue Influence, Unconscionable
- Essential Elements of a Contract. bargains.

Unit - IV Formation: Offer and Acceptance - Offer and Invitation to Unit - XIII Unlawful Agreements: By Common Law (Public
Treat - Fact of Acceptance - acceptance in case of tender - communication Policy) Stiffing of Prosecution, Maintenance, Champerty - Agreements
of acceptance - Acceptance in Person, By Post, Telephone, Telegram etc. which tend to affect the Freedom or Security of Marriage - Immoral -
- Revocation of Acceptance, termination of offer. Agreement - Outside, The Jurisdiction of Courts - Restraint of Trade -
Wagering Contracts Restraint of Parental Right, Restraint of Personal
Unit - V Terms Of Contract: Warranty, Condition, Fundamental Liberty, Consequences of Illegality Impari Delicto - Difference between
Obligation - Ticket Cases. illegal and Void Contract.
Unit - VI Consideration - Definition Indian and English, Executed Unit - XIV Limits of Contractual Obligation : Privity of Contract
- Executory and Past - must move from the promises - Adequacy and -Strangers to a Contract sue or cannot be bound by its terms. Agreement
Reality of Consideration - Performance of Existing Duty - Consideration of Contractual Rights and Liabilities.
in Discharge of Contract - Rule in Pinnels case, High Trees case,
Composition with Creditors - Difference between English and Indian Law. Unit - XV Discharge of Contracts: By Performance - Tender
by express Agreement - Accord and Satisfaction - Bilateral and Unilateral
Unit - VII Intention to Create Legal Obligation Discharge - The Doctrine of Frustration - Theories of Frustration-
Unit - VIII Capacity to Contract: (i) Infants; (ii) Lunatic; (iii) Operation of Doctrine, Effect of Doctrine-Difference between English
Drunken Persons; (iv) Alien Enemies; (v) Corporation; (vi) Foreign and Indian Law.
Sovereigns and Ambassadors; (Vii) Married Women, Contract of Unit - XVI By Breach: Anticipatory Breach.
Necessaries - Basis of such Contracts - Infant Relief Act of 1874
- Beneficial Contracts of Service Equitable Doctrine of Restitution - Unit - XVII. Remedies for Breach of Contract - Measure of
Delictual Liability - English and Indian Law. Damages, Remoteness of Damages, Penalty and Liquidated Damages,
Mitigation of Damages.

8 Department of Legal Studies, Chennai Department of Legal Studies,Chennai 9


Unit - XVIII Quasi Contract: Definition - Historical Basis -
Quantum Meruit, Obligation, Resembling those created by Contract
under Indian Act.
4. LAW OF TORTS (TA1D)
Unit - XIX Miscellaneous: Contingent Contracts - Appropriation of
Payments - Time and Place of Performance - Joint Promises and
Reciprocal Promises. Unit - I General Principles
Unit - XX Specific Relief Act: Recovering Possession of Property Origin and Development of Torts Definition of Tort-distinction
specific performance of contracts - Contracts which can be specifically between Tort and Crime - Tort and Contract, Tort and breach of Trust
enforced contracts which can be specifically enforced - Persons for or - Foundation of Tortious Liability - Fault as a condition of liability.
Essential condition of liability in Tort - Duty of Care - Damnum sine
against whom contracts may be specifically enforced - Discretionary
injuria, Injuria sine damno-Relevance of malice - The impact of Insurance
Powers of Court, Ratification or Instruments - Rescission of Contract, on Tort Liability - Individual and Collective - Motor Accidents Claims.
Cancellation of Instruments - Declaratory Degree - Preventive Relief
- Injunction Generally - Perpetual Injunction. Unit - II General Defences

Statutory Materials with Amendments Volenti - Non fit injuria - Inevitable Accident, Necessity - Private
Defence - Mistake, Statutory Authority - Act of God.
1. The Indian Contract Act. 1872
2. Specific Relief Act, 1963. Unit - III Parties and their capacity
3. Information Technology Act,2000 The State and its Subordinate Officers of State- Minors, Lunatic and
Drunkards - Married Women, Corporation Union Corporate Bodies -
Books for Reference Foreign Ambassadors.
1. Anson - Contracts
Unit - IV Masters and Servants
2. Pollock and Mulla - Contracts (Students Edition)
Servant Independent Contractors, Course Employment and Common
3. Prof. Subba Rao, G.C.V. - Specific Relief Act. Employment - Master’s Duties to Servant and vice versa.
4. Avtar Singh - Law of Contracts.
Unit - V Joint Tort feasors.
5. Cheshire - Law of Contracts
6. Venkatesan - Law of Contracts Unit - VI Remedies.
7. Krishna Nair - Law of Contracts
Unit - VII Remoteness of Damage - Novus Actus Interveniens.
8. N.D. Kapoor - Mercantile law
Unit - VIII Successive actions on the same facts - Effect of
Merger and Death.
*********
***

1 Department of Legal Studies, Chennai Department of Legal Studies,Chennai 1


Unit - IX Specific Torts:
(a) Wrong to Persons and Reputation - Death,Assault, Battery false,
Imprisonment, Nervous shock, Defamation, Status.
5. FAMILY LAW - I (TA1E)
(b) Wrongs to Property to Land and Chattels.

(c) Negligence.
Unit - I
(d) Nuisance - Nuisance and Injury of Servitude’s Highways etc.
(e) Strict & Absolute Liability - Liability for dangerous chattels Source: Traditional and modern sources of personal Laws.
animals and structures or Premises. Evolution of the Hindu Joint Family - The Classical schools.
(f) Conspiracy, Interference with freedom of contractual and
Business relationship - Injurious falsehood slander of title or of Unit - II
goods - Passing off - Abuse of legal procedure.
Law of Marriage: Hindu, Muslim and Christian Laws of marriage
(g) Foreign Torts - Miscellaneous and Doubtful Torts Invasion of
and divorce. The nature of the institution of Marriage and its
Privacy.
development, the capacity, nuptial rights and the effect of void and
Unit -X Discharge of Torts. voidable marriage under the aforesaid systems of law. Hindu law of
marriage and divorce with reference to the changes brought about by
modern legislation. Muslim law of marriage and divorce will include Law
Books for Reference of Dower.

1. Winfield : Law of Torts. Unit - III


2. Salmond : Law of Torts. Law of Adoption: Hindu law of Adoption with special reference
to the juristic concept and development of case laws and changes brought
3. Ramasamy Iyer. S : Law of Torts. about by the Hindu Adoption and Maintenance Act, 1956. The Muslim
Laws of Legitimacy. Parentage and the Doctrine of Acknowledgement of
4. Mitra : Motor Vehicles Act.
paternity.
5. V.N.Shukla : Law of Torts.
Unit - IV
6. B.M.Gandhi : Law of Torts.
The Law of Guardianship: The Hindu Law of Minority and
7. P.S.A.Pillai : Law of Torts. Guardianship and Maintenance and changes brought about by modern
legislation. Muslim Law of minority and Guardianship and Maintenance.
8. Ratanlal Dhirajlal : Law of Torts.

9. R.K.Bangia : Law of Torts. Unit - V


Maintenance: The Hindu, Muslim and Christian law relating to
********* Maintenance.
***

1 Department of Legal Studies, Chennai Department of Legal Studies,Chennai 1


Statutory Materials with Amendments
1. Hindu Widows Re Marriage Act, 1956.
6. LAW OF CRIMES (TA1F)
2. Child Marriage Restraint Act, 1929.
3. Special Marriage Act, 1954.
Unit - I Crime Introduction Crime - Concept - Constituent Elements
4. Hindu Marriage Act, 1955. of Crime - Actus reas and mensrea - Types - Strict Responsibility in
Criminal Law - Mensrea in Statutory Offences.
5. Hindu Adoptions and Maintenance Act, 1956.
6. Hindu Minority and Guardianship Act, 1956. Unit - II General Defences - Conditions - Negative Criminal
Responsibility, Mistake of Fact, Judicial Acts, Accident, Doctrine
7. Hindu Women’s Right to separate Residence Act, 1956.
of Necessity, Infancy, Insanity, Intoxication, Consent,
8. Prohibition of Child Marriages Act,2006 Compulsion,Duress, Triviality, Right of private Defence.
9. Guardianship and Wards Act, 1890.
Unit - III Parties to a Crime - Joint and Constructive Liability -
10. Guardianship Act. Group Liability - Abetment - Conspiracy, Attempt - Corporate Liability
Accessories after the fact.
11. Personal laws(Amendment Act) 2010.
12. Indian Majority Act, 1875. Unit - IV Jurisdiction - Personal, Territorial, Extra - Territorial,
Admiralty.
13. The dissolution of Muslim Marriage Act, 1939.
14. The Christian Marriage Act, 1872. Unit - V Punishment - Objective, Basis and Types.
15. Indian Divorce Act, 1896.
Unit - VI Specific Crimes
(a) Offences affecting public.
Books for Reference
(i) Against State (Sedition)
1. Mulla - Hindu Law
(ii) Against Public Peace - Unlawful Assembly, Rioting, Affray.
2. N.R. Raghavachari - Hindu Law
(iii) Against Public Administration -Bribery, Personation.
3. Mulla - Mohammedan Law
(b) Offence against Administration of Justice Giving and
4. A.A. Fyzee - Outlines of Mohammedan Law Fabricating false statement

5. S.N. Gupta - Maintenance and Guardianship Act (c) Offences against Persons - Homicide (murder, culpable- homicide
and negligent homicide), Hurt and grievous hurt, Wrongful
6. M.N.Srinivasan - Hindu Law restraint and confinement, Kidnapping and abduction Sexual
assault, rape, stalking, voyeurism, etc.,

(d) Offences against Property- Theft, Extortion, Robbery, Dacoity,


************ Criminal misappropriation and Breach of trust, Cheating, Forgery,
Mischief and Criminal Trespass.

1 Department of Legal Studies, Chennai Department of Legal Studies,Chennai 1


(e) Offences relating to Marriage and Religion.

(f) Defamation, Criminal insult, Criminal intimidation etc., II - Semester


(g) Cyber crimes 1. LAW OF CONTRACTS - II (TA2A)
Unit - VII Law of Attempt. Unit - I Indemnity
1. Definition - English and Indian
Statutory Materials with Amendments 2.. Rights of the Indemnity holder
3. Rights of the Indemnifier.
1. The Indian Penal Code, 1860.
4. Rights of Indemnity dealt with Sections 59,145,164 and 222 of
2. Criminal Law Amendment Act, 2010 & 2013. the Contract Act.
5. Codification not exhaustive - principles of equity applicable
Books for Reference: Unit - II Guarantee
1. Kenny : Outlines of Criminal Law 1. Definition - English and Indian definitions
(Chapters relating to General 2. Essentials and nature of guarantee
Principles). 3. Distinction between guarantee and indemnity - guarantee and
Insurance
2. Ratanlal : The Indian Penal Code.
4. Elements of consideration in a contract of guarantee
3. Gour, K.D. : Criminal Law 5. Nature and quantum of surety’s liability
6. Kinds of guarantee and their incidents
4. Dr.H.S.Gour : Penal Law of India 7. Suretyship arises on contract and not on notice-position in
English Law
5. Raghavan V.V. : Law of crimes
8. Duty of disclosure in guarantee
6. Atchutham Pillai : Criminal law 9. Rights of surety against principal debtor - credit or - co - sureties -
difference in English Law - Circumstances which a surety
7. B.M.Gandhi : Indian Penal Code. discharges
Unit - III Bailment
8. Glanavile Williams : Criminal law crimes.
1. Definition - Indian and English definitions
9. Russel : Criminal law 2. Essentials of bailment and classification of bailment
3. Distinction between bailment and pledge - deposit - sale -
10. Ejaz : Law of crimes agency
4. Rights and duties of the bailor and bailee - difference in English
11. Nigam : Law of crime
Law
. 5. Pledge - definition - Rights of the Pawner and Pawnee
********* 6. Pledge by non - pawners
7. Lien - kinds of lien - their nature and incidents - how lost
***
1 Department of Legal Studies, Chennai Department of Legal Studies,Chennai 1
Unit -IV Sale Of Goods Unit -VI Partnership
1. Definition of sale and agreement to sell - distinction between sale 1. Definition of partnership - Essentials of partnership - Joint
and agreement to self -contract of work and layout. Hire purchase
Hindu - partner ship
agreement - Bailment - Exchange - Gift.
2. Distinction between partnership and co-ownership - Joint Hindu
2. Definitions - goods - specific goods - future goods -
family - Incorporation companies - contract of service -
Mercantile agent - Documents of title of goods.
legal notion and mercantile notion
3. How is sale made - rules for fixing price and effect of goods
getting damages or perished in a contract of sale. 3. Kinds of partners and duration of partnership
4. Stipulation as to time and other stipulation 4. Natural rights and duties of partnership.
5. Conditions and warranties - effect of breach - ex - post facto 5. Minor as a partner - difference in English Law
Warrantly - when condition is treated as warranty 6. Rights of Legal Representative and surviving partners
6. Implied conditions and warranties - in a contract of sale - 7. Authority of partners implied and emergency
Exemption clauses - effect of fundamental breach 8. Liability of the partners for the acts of the firm and for the wrongful
7. Rule as to passing off property acts of other partner - nature of liability - limited liability partnership.
8. Sale by non - owners - exception to Nemo data quod non 9. Principles of agency in partnership
habet. 10. Partnership property - Tests
9. Rules as to delivery 11. Settlement of accounts - Goodwill and its disposal - distribution
10. Unpaid vendor - His rights or lien and stoppage in transit of assets
11. Remedies available to seller and buyer 12. Retirement of partners
12. Auction sales 13. Dissolution of firm and modes and circumstances
13. Competition law 14. Effect of non - registration of firm

Unit -V Agency Unit -VII Consumer Protection


1. Definition of contract of agency - Creation of agency - kinds 1. History of Consumer Protection movement in India
of agency 2. Consumer Protection Act. Definition of Complainant,
2. Distinction between Agent and servant and independent Complaint, Consumer, Goods Restrictive Trade practice, Service,
contractor unfair Trade Practice
3. Who may be an agent - kinds of Agents - Authority of the different 3. Consumer Protection councils - its organization, objects and
kinds of Agents - authority of Agents - Ostensible and emergency - procedure
delegation of authority - delegatus non potest delegare - sub agent - 4. Consumer disputes redressal agencies - kinds, establishment,
substituted agent composition, jurisdiction
4. Essentials of ratification and its effect 5. Complaint - manner in which made, procedure on receipt of
5. Effect to notice to agent - necessary conditions to bind Principal Appeals, Limitation period, dismissal of frivolous or vexatious
6. Principal and third parties - The doctrine of undisclosed - Principal complaints.
and concealed Principal 6. Orders of the Consumer Disputes Redressal Agencies - findings of
7. Termination of agency and when it becomes irrevocable the forum - finality of orders, enforcement of orders, penalties.

1 Department of Legal Studies, Chennai Department of Legal Studies,Chennai 1


Statutory Materials with Amendments
1. Indian Contract Act,1872 2. PROPERTY LAW (TA2B)
2. Sale of goods Act 1930 Unit - I Introduction
3. Indian Partnership Act,1932 General principles relating to transfer of property in India Nature
and interest in property, subject matter of transfer restrictive covenants,
4. Consumer Protection Act,1986 future interest, conditional transfers -transfer to unborn persons, capacity
to transfer, doctrines of elections, holding out, holders under defective
5. Limited liability of Partnership Act,2008 titles, lis pendens part, performance
-Fradulent transfer, Benami Transactions Doctrine of priority
6. Indian Partnership ( Tamil Nadu Amendment Act No.21 of 1959 Unit - II Specific Transfers Specific transfers - Sales, Mortgage,
lease, exchange, gift and actionable claims
7. Competition Act, 2002
(a) Definition of Sale
Books for Reference (b) Difference between sale and contract for sale, in English Law and
Indian Law with reference to decide cases, rights and liabilities or
1. Avatar Singh - The Law of Contracts buyers and seller
2. Mulla - Sale of goods (c) Doctrine of marshalling in English and Indian Law
3. Krishna Nair - Law of Contracts (d) Different types of mortgages - simple mortgages, mortgages by
4. Anson - Law of Contracts conditional sale, usufructury mortgage, English Law and Indian Law
with reference to decided cases.
5. Avatar Singh - Competition Law
(e) Mortgage when to be by assurance
6. Avtar Singh - Law of Consumer Protection
(f) Rights and liabilities of mortgagagor
(Principles & Practice)
7. P.K. Majumdar - Law of Consumer Protection (g) Rights and liabilities of mortgages both with reference to English
in India Law and Indian Law

8. S.S. Gulshan - Consumer Protection & (h) Doctrine of clog, clog on the equity of redemption in English Law
Satisfaction and Indian Law
9. Leela Krishnan - Consumer Protection & Legal (i) Doctrine of redemption and mortgagor’s right therein.
Control
(j) Accession to mortgage properties in English and Indian Law
10. Avtar Singh - Law of Contracts (Indemnity (k) Doctrine of priority in English Law and Indian Law.
Gurantee, Bailment & Agency) (l) Doctrine of marshalling and doctrine of contribution in English
Law and Indian Law.

********* (m) Redemption by persons other than the mortagagor.

*** (n) Doctrine of suborgation


(o) Doctrine of tackling in English Law and Indian Law
2 Department of Legal Studies, Chennai Department of Legal Studies,Chennai 2
Unit - III Charge Statutory Materials with Amendments
(a) Definition of charge 1. The Transfer of Property Act, 1882.
(b) Doctrine of notice and tender ‘ 2. The Indian Easement Act, 1882.

3. Benami Transactions Prohibition Act, 1988


Unit - IV Lease
(a) Definition of lease
Books for Reference:
(b) Definition of lessor, lessor premium and rent.
1. G.Sanjiva Row - Commentaries on Easements and
(c) Leases - how made and kinds of leases - Distinction between a lease license
and license
2. Vepa Sarathi - Law of Transfer of Property Act
(d) Right and liabilities of lessor
3. Shah - Principle of Transfer.
(e) Rights and liabilities of the lessee both in English law and Indian Law
with reference to decided cases 4. Mulla - The Transfer of Property

5. Krishna Menon - The Transfer of Property


Unit - V Gift And Exchange
6. G.C.V. Subba Rao - The Transfer of Property
(a) Definition of Exchange, rights and liabilities of parties - Exchange
of money in Indian and English Law 7. A.I.R. Commentaries - The Transfer of Property

(b) Definition of gifts - its ingredients 8. W.Friedmann - Law in a changing society

(c) Gift of existing and future property. Gift to several of whom one does 9. Mitra - Transfer of Property
not accept. 10. Goyle - Transfer of Property
(d) Suspension and revocation of gifts. Onerous gifts, Universal donee. 11. C.L.Gupta - Law of Transfer of Property
Donatio mortis causa and Mohammedan Law. Application in English
and Indian Law. 12. Khatiar - Law of Easements
(e) Transfer of policy of marine insurance with reference to Indian and 13. AIR Commentaries
English Law.

Unit - VI Easements - Easements generally - imposition - acquisition


and transfer of easement - incidence of easement - Disturbance, ************
extinction, suspension, revival of easements.

Unit - VII Licences - Difference between Easements and Licences.

2 Department of Legal Studies, Chennai Department of Legal Studies,Chennai 2


Unit - VIII Fundamental Rights - Part III of the Constitution of
India - Right to Equality - Right to Freedoms - The Six Freedoms -
3. CONSTITUTIONAL LAW - 1 (TA2C)
Protection in respect of Conviction for Offences - Protection of the Life
and Personal Liberty - Safeguards against Arbitrary Arrest and Detention
Unit - I Constitution -• Definition - Constitutional Law - - Right against Exploitation - Right to Freedom of Religion
Classification of Constitution * Difference between Constitutional Law - Culture and Educational Rights - History of Right to Property under the
and Administrative Law. Constitution of India - The 44th Amendment, 1978 - Vestiges of the
Right to Property - Right to Constitutional Remedies.
Unit - II Historical Background - Framing of the Constitution of Unit - IX Directive Principles of State Policy - Object of the
India.
Directives-Scope of the Directives - Directives compared with
Fundamental Rights - Non-Justiciability - Conflict between Fundamental
Unit - III Outstanding Features of the Indian Constitution - Rights and Directive Principles - Sanction behind the Directives -
Nature of the Indian Constitution. Utility of the Directives - Implementation of the Directives -
Directives contained in other parts of the Constitution - Classification of
Unit - IV The Philosophy of the Constitution - Preamble and the Directives - Social and Economic Charter - Social Security Charter -
The Objective Resolution. Community Welfare Charter.

Unit - V The Union and its Territory - Territory of India - 35th Unit - X Fundamental Duties - Need for Fundamental Duties -
& 36th Amendment - Formation of New States and Alteration of Source of Fundamental Duties - Enforcement of Fundamental Duties.
Boundaries, etc. - Procedure for Reorganization of States - Cession of
Territory. Statutory Materials with Amendments
1. Constitution of India,1950
Unit - VI Citizenship - Meaning - Citizenship of India - Citizenship
under the Citizenship Act, 1955 - Loss of Indian Citizenship. Books for Reference:
Unit - VII Fundamental Rights - General Individual Rights and 1. V.N. Shukla - Constitutional Law of India
Fundamental Rights - Origin and Development of Fundamental Rights 2. V.N. Panday - Constitutional Law of India
- Difference between Fundamental Rights and Rights secured by other
provisions of the Constitution. Fundamental Rights in England and in the 3. P.M. Bakshi - Constitutional Law of India
USA - Exceptions to Fundamental Rights - Amendability of Fundamental
4. Seervai H.M. - Constitutional Law of India
Rights -Suspension of Fundamental Rights - Classification of
Fundamental Rights -Parliament’s Power to Modify or Restrict 5. D.D. Basu - Shorter Constitution of India
Fundamental Rights - Enforcement of Fundamental Rights - A Guarantee
6. M.P. Jain - Indian Constitutional Law
against State Action - Definition of State (Article 12) - Laws Inconsistent
with Fundamental Rights - Power of Judicial Review - Effect of Pre- 7. Kashyap S.C. - Basic Constitutional Values.
Constitutional Laws - Waiver of Fundamental Rights.
8. Tope T.K. - Constitution of India.

************
2 Department of Legal Studies, Chennai Department of Legal Studies,Chennai 2
4. FAMILY LAW - II (TA2D) 5. CLINICAL COURSE - I (TA2E)
Unit - I Inheritance, succession, survivorship and management of (INTERNAL)
Joint Family property and Marumakkathayam law - Law of Hindu joint
family, Legal problems relating to debts and partition and impact of PROFESSIONAL ETHICS, AND
Modern Legislation - Law of Stridhana and changes brought about by PROFESSIONAL ACCOUNTING SYSTEM
legislation on Hindu joint Family system - Law of inheritance in
Mithakshara and Dayabhaga Schools and changes brought about by
modern legislation. Mohammedan law of inheritance with special Assessment Scheme
reference to Shia and Sunni Schools - Hindu and Muslim Law of Wills
- Relevant Portions of Indian Succession Act. Dealing with intestate i. Project on Professional Ethics
succession of Christians Charitable and Religious Endowments and (Written Submission) : 25 Marks
Wakfs - Gifts and Preemption.
ii. Case Study
Unit - II Administration of Estates in Mohammedan Law.
(BCI, High Court and SC Judgements) : 25 Marks
Statutory Materials with Amendments
1. Hindu Inheritance Disabilities Removal Act, 1928. iii. Tests (Internal) : 25 Marks
2. Hindu Law of Inheritance (Amendment) Act, 1929. iv. Viva Voce on Project and Case Study : 25 Marks
3. Hindu Gains of Learning Act, 1930.
TOTAL 100 Marks
4. Hindu Women’s Right to Property Act, 1937.
5. Hindu Succession Act, 1956. as amended in 2005.
6. Hindu Succession Act, 1925.
7. The Wakf Act, 1954,as amended in 1995, 2013.
Unit - I Professional Ethics :
8. The Hindu Married Woman Right to Separate Residence and Professional Ethics - meaning and nature - Professional misconduct
Maintenance Act,1946 - meaning and ambit - Organisation, powers and jurisdiction of State Bar
9. Hindu Succession (TamilNadu Amendment Act,)1989 Councils and Bar Council of India - Disciplinary Committee of state Bar
Councils and Bar Council of India - Organisation, procedure and powers -
Books for Reference: Remedies against order of punishment.
1. Dr.Paras Diwan - Family law
2. Paruk - Indian Succession Act
3. R.Swaroop - Hindu Law Of Succession Unit - II Bar Bench Relations:
4. Mulla - Hindu Law
Contempt of Courts Act - Contempt of Court - Meaning and Nature
5. N.R. Raghavachari - Hindu Law
- Categories of contempt of Court - Contempt Jurisdiction of the
6. Mulla - Mohammedan Law Subordinate Courts, High Courts and Supreme Court - Procedure
7. A.A. Fyzee - Outlines of Mohammedan Law -Punishment for contempt of Court - Remedies against Punishment.
8. K. Sreedhara Variar - Marumakkathayam Law
9. Mitra - Indian Succession Act
************
2 Department of Legal Studies, Chennai Department of Legal Studies,Chennai 2
Selected opinions of the disciplinary Committee of the Bar Selected Cases relating to Professional Misconduct and
Council of India on Professional Misconduct: Contempt of Court:
1. Jagadish Singh and others v. T. C. Sharma. 1. Pawan Kumar Sharma v. Gurdial Singh (A.I.R. 1999
S.C. 98)
2. Babulal v. Subash Jain
2. Mahabir Prasad Singh v. M/S Jacks Aviation Pvt. Ltd. (A.I.R.
1999 S.C. 287)
3. Balswaroop soni v. Babulal soni
3. Supreme Court Bar Association v. Union of India (A.I.R. 1998
4. Indure Ltd v. Deo Raj Guptha. S.C. 1895)

4. P. D. Gupta v. Ramamurthy (A.I.R. 1998 S.C. 283)


5. Commissioner of Civil Supplies and Consumer Protection
Department v. V. Balakrishnan. 5. Robtas Singh v. Commissioner Agra Division (A.I.R. 1997
S.C. 278)
6. A. Banumurthy v. Bar Council of Andhra Pradesh
6. Harish Chander Singh v. S. N. Tripathi (A.I.R. 1997 S.C. 879)
7. Dr. D. V. P. Raja v. D. Jayabalan
7. Hikmatali Khan v. Ishwar Prasad Aiyar (A.I.R 1997 S.C. 864)
8. G. M. Hirmani v. Ishwarappa.
8. Prahalad Saran Gupta v. Bar Council of India (A.I.R 1997
S.C. 1338)
9. N. S. (Appellant) v. N. V. (Respondent)
9. Dr. Haniraj L. Chusani v. Bar Council of Maharastra (A.I.R
10. P. R. (Complainant) v. V. I. (Respondent) 1996 S.C. 1708)

11. Ashok Kumar Yadhav v. Bar Council of India (19/1/2015). 10. Inre Dr. D. C. Saxend and. U. Saxena v. Hon’ble Chief Justice of
India (A.I.R. 1996 S.C. 2491).
12. C.Ravichandran Iyer v. Justice A.M.Bhattarcharjee
(Disciplinary Power of Bar Council-Conduct of a Judge). 11. Sambhu Ram Yadhav v. Hanuman Das Khatry (2001 16 SCC
165 ).
13. Supreme Court Bar Association v. Union of India and others (17
12. B.M.Verma v. Uttarkhand Regulatory Commission (Appeal
th April 1998)
No.156 of 2007).
14. An Advocate v. Bar Council of India and another on 29 th 13. R.K.Anand v. Registrar of Delhi High Court (2009 85 SCC
September 1998. 106).

15. D.P.Chadha v. Tiriyugi Narain Mishra and others December 2000 14. Harish Uppal v. Union of India (2003 (1) ACC MR (SC) 1169).

15. J.S. Jadhav Mustafa v. Haji Mohammed Yusuf (AIR 1993 SC


1608).

2 Department of Legal Studies, Chennai Department of Legal Studies,Chennai 2


2 Department of Legal Studies, Chennai Department of Legal Studies,Chennai 2
Accountancy For Lawyers:

Accountancy for lawyers - Purpose of keeping accounts - Important SECOND YEAR


aspects relating to accountancy - Legal requirements for maintaining III - Semester
books of accounts - Accounts of Professionals.
1. CONSTITUTIONAL LAW - II (TA3A)
Statutory Materials with Amendments
1. Advocate Act,1961
2. Contempt of Courts Act, 1971 Unit - I Organization of Executive Power - The President
-Governors - Powers and Functions - Immunities - Pardoning Power -
3. The Bar Council Code of Ethics. Ordinance Making Power - Judicial Decisions.
4. Bar Council of India Rules 1975. Unit - II Organization of Legislative Power - Parliament and the
State Legislatures - Office of the Speaker - Chairperson of Rajya Sabha
Books for Reference: and Legislative Councils - Legislative Privileges - Judicial Interpretations
1. K. V. Krishnaswami Aiyar - “Professional conduct and - Qualifications and Disqualifications - X Schedule.
Advocacy”. Unit - III Organization of Judicial Power - Supreme Court - High
2. Dr. Kailash Rai - Legal Ethics, Accountancy for Lawyers and Bar Courts - Appointment, Transfer and Removal - Independence of Judiciary
Bench Relations. - Tribunals.
3. Nabhi’s Publications - Business and Professional Accounts. Unit - IV Organization, Powers and Functions of the CAG, ECI
4. Prof. B.N.B. Aliga - Traditions of the Bar - A. I. R. and the Public Service Commissions - Constitutional Safeguards for Civil
1991 Journal 161 Servants.

5. Mr. Justice M. M. Ismail - Professional Ethics and Etiquette Unit - V Constitutional Review - Need and extent of Review -
Madras High Court Centenary Constitutional Review Committee’s Report
Celebration Unit - VI Concept of Federalism - Necessity and Justification for
6. Professional Ethics, M.C.Setalvad. Federal Governments - Essential Features of Federal Form of
Government.
7. Judicial Accountability, K.K.Venugopal
Unit - VII Legislative Relations under Indian Constitution
8. Professional Conduct, Taikad SubramaniIyer. - Doctrine of Territorial Nexus - Doctrine of Pith and Substance -
9. The Lawyer’s Strike And The Duty Of The Supreme Court, Colourable Legislation - Implied and Residuary Powers - Central Control
H.M.Seervai. over State Legislation - Areas of Conflict.
10. Role of Bar, H.R.Khanna. Unit - VIII Administrative Relations between Union and
11. The Indian Bar, P.P.Rao. States - “Full Faith and Credit Clause” - Central and Inter-State Conflict
Management.
12. The American Bar Association Organization And Activities.
Unit - IX Fiscal Relations between the Centre and States -
13. Bench-Bar Relations-Crisis Of Credibility, P.P.Rao. Sharing of Taxes and Grants in Aid - Restrictions on the Power of State
14. Temper on The Bench, C.P.Singh. Legislature as Fiscal Powers - Doctrine of Immunity of
Instrumentality - Role of Finance Commission - Borrowing Powers
************ - Constitutional Limitations.
3 Department of Legal Studies, Chennai Department of Legal Studies,Chennai 3
Unit - X Free dom of Trade and Comme rce -
Exceptions - Implications of the Concept of Federation.
Unit - XI Federalism and Emergency Situations -
2. LAND LAWS (TA3B)
Types of Emergency and their Impact on the Federal Structure.
Unit - XII Amendment of the Constitution - Powers and Unit – I Historical Sketch of Land Reforms/land laws:
Procedure for Amendment. Concept of land : Kinds, Ownership and Possession of land – land
reforms and constitutional history : Eminent domain –Right to
Statutory Materials with Amendments Property under Article 31A,31B,31C of the constitution-Article
300A:Protection of personal property - Nineth Schedule-Early Revenue
1. Constitution of India, 1950.
Administration in Tamil Nadu-Grants-Inams-Zamindari system:
Books for reference: Permanent settlement-Ryotwari:Rights and liabilities Of Ryotwari
Pattadar –Tamil Nadu Estates (Abolition and Conversion into
1. Dr. V. N. Shukla - Constitution of India Ryotwari)Act,1948.
2. P. M. Bakshi - Constitution of India Unit – II Acquisition of Land
3. Pandey - Constitution of India Land Acquisition Act,1894(repealed )-Right to Fair Compensation
4. Constituent Assembly Debates and Transparency in land Acquisition , Rehabilitation and
Resettlement act,2013(LARR Act,2013)-Need for new land
5. Palanidurai .G - Dynamics of New Panchayatraj
acquisition law- Definitions:affected family land, landowner, holding of
systems
land etc.,Safeguards against indiscriminate land acquisition
6. D.N.Banerjee Some aspects of Indian constitution –Compensation-Rehablitation and Resettlement-LARR Authority-
7. Seervai H.M. - Constitutional Law of India Apportionment of compensation-Payment of compensation- Temporary
8. D.D. Basu - Shorter Constitution of India Occupation of Land-Amendment Ordinance 2014- Time to time
amendments.
9. M.P. Jain - Indian Constitutional Law
Unit – III Enactments and Cultivating Tenants
10. Dr. Anirudh Prasad - Centre - State Relations in India
The Tamil Nadu Cultivating Tenants ProtectionAct,1955:Definitions-
11. S.N. Jain, Subash landlord not entitled to evict the tenant-Right to restoration of Possession-
C. Kashyap and Special provision for member of armed forces-Bar of Jurisdiction of Civil
N. Srinivasan - The Union and the States Courts-Revision by Highcourts – The Tamil Nadu Cultivating Tenants
12. Dr. K.P. Krishna Shetty - The Law of Union-State arrears of rent relief Act,1972,1980-Tamil Nadu Cultivating Tenants
Relations and India Federalism Protection from Eviction Act,1983,1989.
13. Kashyap S.C. - Our Parliament The Tamil Nadu Cultivating Tenants(Payment of Fair Rent)
14. A.G. Noorani - The Presidental System: Act,1956:Definitions- Interpretations-Right and liabilities of cultivating
The Indian Debate tenants and land owner-Fair rent-Alteration or Revision of Fair Rent-
Kaiaeruvaramdar and Mattuvaramdar- Rent Court and Rent Tribunals-
15. Venkatraman R. - My Presidential Years Exception-Powers of High Court.
16. Verinder Grover - Federal System, Centre - State The Tamil Nadu Agricultural Land Record of Tenancy Right
Relations and State Autonomy Act,1969:Definition-Preparation of Records of Tenancy Rights-Record
17. Kashyap S.C. - Basic Constitutional Values Officer-Advisory Committee- Modification of entries in the draft and
18. Tope T.K. - Constitution of India approved record of tenancy rights.Appeals –Revision-Penalty for failure
to furnish information-cognizance of offence.
************
3 Department of Legal Studies, Chennai Department of Legal Studies,Chennai 3
The Tamil Nadu Occupants of Kudiyiruppu and Conferment of
Ownership Act,1971:Definitions-Occupant-Conferment of
Ownership-Alternative Site-Prohibition of alienation-authorised Officer- 3. INTERPRETATION OF STATUTES (TA3C)
compensation –Offences by companies.
Unit – IV Law and Land Ceiling
Tamil Nadu Land Reforms Fixation of Ceiling on Land Act, 1961 Unit - I
and Amended act 1971: Preliminary –Definitions:Ceiling area, Family, Introduction: What is a Statute? - Different parts of a Statute-
Stridhana Property, Standard Acre, etc., Fixation of Ceiling on land Commencement, Repeal & Revival of Legislation - Codification &
holdings- Land Board- Industrial undertakings –Publication of statement- Consolidation.
Land Tribunal-Authorised officer- Determination of Compensation –
Exemptions-Special Appellate Tribunal-Courts- Penal Provisions. Unit- II
Unit – V Law and Buildings Interpretation: Meaning - Significance of Interpretation - Need for
Tenancy law: The Tamil Nadu Buildings (lease and rent control) interpretation - Object of Interpretation - General principles of
Act, 1960: Introduction-Definitions-Fixation of Fair rent-Changes in Fair Interpretation - Literal or Grammatical - Logical Interpretation - Rules of
Rent-Agreed rent-Procedure for avoid default in payment of rent-Grounds Interpretation - Literal or Plain Reading Rule - Mischief Rule - Golden
for eviction of tenant-Jurisdiction of the Rent Controller Rule - Subsidiary Rules.
–Execution Proceedings by Legal representatives or against Legal
representatives- Appeal. Unit -III Construction:
Tamil Nadu Apartment Ownership Act,1994:Definition-
Beneficial Construction - Restrictive Construction - internal Aids &
Ownership, Heritability and transferability of Apartment –Deeds of
External Aids - The Different Parts of the Statutes in Interpretation.
Apartment and its Registration-Societies or Association of Apartment
Owners, its bye-laws and Functions. Unit -IV Interpretation of Taxing Statutes- Strict Construction
- Beneficial Construction.
(Note: Statutory Materials with Amendments All Acts specified in the
above units.) Unit -V Construction of Penal Statutes - Strict & Beneficial
Interpretation - Interpretation Regarding Punishments - Mensrea.
Books for Reference
1. K. Venkata Rao - The Tamil Nadu Land Reforms Act. Unit -VI Interpretation of Imperative Statutes and Directory
Statutes.
2. V.N. Krishnamoorthy - The Tamil Nadu Building Lease
and Rent Control Act, 1960. Unit - VII Constitutional Interpretation
3. Prof.A.Chandrasekar - Land Laws of Tamil Nadu
a) Interpretation of Constitution: Preamble as a tool for
4. Beverly.H - Commentaries on the Land
Interpretation - In re Berubari Union & Exchange of Enclaves
Acquisition Acts
case - Doctrine of Pith & Substance - Doctrine of Colourable
5. Maheswaraswamy - “Land Laws” Legislation - Presumption in favour of Constitutional Validity of
6. Maheswaraswamy - Land Law Under the Constitution Legislation.
of India
7. V.G.Ramachandran - Land of Land Acquisition and b) Interpretation of Fundamental Rights: Menaka Gandhi’s
Compensation. case - E.R Royappa’s case - Keshavanada Bharati’s case etc.
-Fundamental Rights & Directive Principles - Harmonious
Construction - Human Rights & Fundamental Rights.
************
3 Department of Legal Studies, Chennai Department of Legal Studies,Chennai 3
Unit - VIII
General Clauses Act 1897: Definition - General Rules of 4. COMPANY LAW (TA3D)
Construction - Provisions relating to Order & Rules.

Unit - I Introduction
Books for Reference :
Corporate personality- Definition of a Company - Characteristic
1. M .P Tandon : Interpretation of Statutes and of a Company and other types of Associations - Illegal Association -
Legislation Classes of companies- Lifting or Piercing the Corporate Veil - One
Person company
2. Maxwell : Interpretation of Statutes
Unit - II Formation:
3. Singh G. P. : Interpretation of Statutes
Formation- Formation of a Company- Promoters,Registration
4. Vepa P. Sarathi : Interpretation of Statutes Incorporation,Memorandum of Association,Articles of Association,
Prospectus and deposits - application for registration.
5. Cross : Interpretation of Statutes

6. Craires : Statutory Interpretation. Unit - III Corporate Financing


7. Bindra : Interpretation of Statutes Shares-Application and allotment of shares, members and share
holders, share and shares capital, debentures, charges and debentures
8. T. Bhattacharyas : Interpretation of Statutes holders, dividends, borrowings, lending investments , contracts.

9. General Clauses Act : Bare Act.


Unit - IV Corporate Governance
10. D. D. Basu : Shorter Constitution of India
(2 Vols.) Directors-Independent directors,woman directors and managerial
personnel, meetings, accounts and audits , internal auditing,National
Financial Reporting Authority, e-filing and Information Technology
Act,2000,corporate social responsibility,majority powers and minority
rights ,prevention of oppression and mismanagement, investigation,
********* powers of inspectors , powers of NCLT, Insider trading.
***
Unit - V Compromises, Arrangements and winding up
Compromises, Arrangements and Amalgamations-Mergers and
acquisitions, winding up and kinds of winding up –Administration of
NCLT and CLAT and Special courts –Powers of liquidators, removal of
names of companies from Register of companies, Defunct companies and
restoration, revival and rehabilitation of sick companies.

3 Department of Legal Studies, Chennai Department of Legal Studies,Chennai 3


Unit - VI Securities Exchange Board of India
Securities Exchange Board of India (SEBI) Act,1992 - Amendments 5. BANKING LAW (TA3E)
2014-Establishment of Securities Board of India – Powers and Functions
of Board – Prohibition of Manipulative and Deceptive Devices,Insider
Trading and Substantial Acquisition of Securities or control - Penalities Unit - I Nature and Development of Banking :
and Adjudication-Securities Appellate Tribunal-Miscellaneous
History of Banking in India and England - Different types of Banks
and specific laws relating to them - Banking by individuals, Partnership
Statutory Materials with Amendments
firms, Cooperatives, Companies, Foreign Companies; Scheduled and Non
1. The Companies Act, 2013. scheduled Banks - Nationalization of Banks.

2. Information Technology Act 2002. Unit- II Banker and Customer:


3. Securities Exchange Board of India,1992. Definition of ‘Banker’ - Business permitted and prohibited for a
Banking Company.
Definition of ‘Customer’- General Relationship between Banker
Books for Reference : and Customer.
1. Shah’s Lectures on - Company Law. Special types of Bankers, Customers - Minors, Lunatics, illiterates,
Executors, Hindu Joint Family, Partnership firms, Joint Stock
2. Gower - Company Law. companies, clubs, Societies, Charitable Associations, Trustees etc
3. Basu N.D. - Company Law. Banker as Borrower - Forms of Borrowing, Discounting of
bills, Different types of deposits, payment before due date and
4. Dutt - Company Law. Repayment of different types of deposits, attachment of
deposits by the Courts and income tax authorities.
Different types of accounts - Formalities involved for opening
********* accounts, operating accounts, legal aspects of entries in pass books, effect
of false entries, closing of a bank account.
***
Duties of a Banker: To honour Cheques, To maintain secrecy, To
disclose information, Countermanding of Cheques by customers.
Rights of a Banker- General lien, set off, to combine accounts, to
charge interest and service charges, appropriation (Rule in Clayton’s case)
Banking instruments: Bank notes, Banker’s drafts, deposit receipts,
letters of credit, indemnities, travelers Cheques, postal orders, dividend
warrants, bonds.

3 Department of Legal Studies, Chennai Department of Legal Studies,Chennai 3


Unit - III Paying Banker: Unit - VIII Parties to Negotiable Instruments:
Precautions to betaken by the paying banker-when banker must Holder, holder in due course, Rights and Privileges of a Holder in
refuse payment, statutory protection given to the paying banker, Banker Due Course, Capacity of parties.
as payer of domiciled bills, Recovery of money paid by mistake.

Unit - IV Collecting Banker: Unit - IX Presentation:


Collecting banker as Holder for value - collecting banker as agent, Presentation for Acceptance, Types of Acceptance,
conversion by collecting banker; duties and liabilities of a collecting Presentation for payment; Maturity, when presentation is
banker; statutory protection given to the collecting banker. excused and when is it u nn ec es sa r y. Effects of non
presentation.
Unit - V Laws Relating To Loans, Advances And Investments
By Banks : Unit - X Negotiation:
Subsidiary business operations of bankers with special reference to Negotiation of Negotiable instruments, Negotiation
Safety Deposit Lockers - Liability of banker in case of bank robberies and distinguished from Assignment. Modes of Negotiation, kinds of
fraud by bank employees - Vicarious liability of the bank - Recovery of Endorsements, negotiation by unauthorized persons.
loans and advances - Recovery of debts due to banks, Financial
Institutions Act, 1993. The Securitisation and Reconstruction of Financial Unit - XI Discharge And Dishonour :
Assets and Enforcement of Security Interest Act, 2002-Debt Recovery
Tribunal-Banking and Insurance ombudsman. Discharge of instrument, Modes in which parties are
discharged, Material alterations, dishonour of a bill of exchange; Modes
Unit - VI Miscellaneous: of dishonour, Notice of Dishonour, Effect of dishonour, Noting, Protest,
RBI’s control over commercial banks - Special Status of RBI and Compensation, Acceptance for Honour, Payment for Honour, Drawee in
State Bank of India - Subsidiary Banks - Effect of winding up of case of need.
Banking companies - Rights of customers on winding up of companies -
Necessity for reforms in Indian Banking Law to meet global challenges. Unit - XII Liability:
E-Banking- ATM-CDM-Smart Cards-Net Banking- Electronic clearance
Liability of various parties -Drawer, Maker, Drawee, Endorser;
system-Legal Issues,Regulating E-transactions, Reserve Bank of India’s
Liability for unjustified dishonour. When a banker is justified in refusing
contribution,e-bank issues,International transactions, credit cards and
payments on a Cheque. Liability of transfer by delivery. Liability under
internet related laws,secure electronic transactions
Accommodation bills, Liability on Foreign instruments.
Negotiable Instruments : Unit - XIII Presumptions in favour of Negotiable Instruments.
Unit - VII Definition And Characteristics:
Unit - XIV Cheques :
Definition, Characteristics and categories of Negotiable
Instruments, Definition and Characteristics of Promissory Note, Bill of Crossing of a Cheque, Different types of crossing, who may
Exchange and Cheques, Distinctions between them, Different Kinds of cross, payment of crossed Cheques, Rights of Holder against Banker.
Bills, Hundis, Letters of Credit.
Unit - XV Dishonour of Cheques
Civil and Criminal Liability for dishonour of Cheques under section
138 to section 142 of the Amended Negotiable Instruments Act.

4 Department of Legal Studies, Chennai Department of Legal Studies,Chennai 4


Statutory Materials with Amendments ***
1. Consumer Protection judgements Act,1986
2. The Banking Regulation Act, 1949
3. The Reserve Bank of India Act, 1934
4. The State Bank of India Act, 1955- The State Bank of India
(Subsidary Banks) Act, 1959
5. Negotiable Instruments Act, 1881
6. Bill of Exchange Act, 1882
7. The Cheques Act, 1957
8. Limitation Act, 1963
9. Information Technology Act,2002
10. The Securitisation and Reconstruction of Financial Assets and
Enforcement of Security Interest Act, 2002

Books for Reference:


1. Tannan’s - Banking law and Practice in India (India law house,
New Delhi)

2. Banking law and Practice - PN. Varshney (Sultan Chand & Sons,
New Delhi-110 002)

3. Negotiable Instruments - By Bhashyan & Adiga (Bharat law


house pvt. Ltd. New Delhi)

4. The Negotiable instruments Act. - Khergamvala - Edited by


M.S. Parthasarathy (N.M. Tripathi Private Ltd, Bombay)

5. Dishonour of Cheques, Liability Civil & Criminal By S. N. Gupta


(Universal law publishing Co. Pvt. Ltd. G. T. Karnal Road, Delhi
-110 033)

6. Negotiable Instruments By Avtar Singh (Eastern Book Co. 34


Zallagh, Lucknow -226 001)

7. Sir John Paget - Law of Banking

8. H. P. Sheldon - The practice and law of Banking.

*********
4 Department of Legal Studies, Chennai Department of Legal Studies,Chennai 4
IV - Semester

1. LAW OF EVIDENCE (TA4A)


Unit - I Introduction
The Indian Evidence Act, 1872-Applicability and exclusion. Lex
Fori- Statutory definitions - The Indian Law of Evidence compared with
the English Law of Evidence - Exceptions same; rules of evidence
applicable to civil and criminal proceedings - Doctrine of corpus delicit
- presumptions of laws - and presumptions of fact.

Unit - II
Matters of which proof is allowed - Relevancy and admissibility-
Resgesta - Motive preparation, opportunity and subsequent conduct
- introductory and explanatory facts of relevant facts - Acts of
conspirators - facts otherwise relevant -Facts determining quantum of
damages - Existence or exercise of custom- Statement of bodily or
mental condition similar facts-course of business-Admission and
confession statement of persons who cannot be called as witnesses.
Disposition of former proceedings relevant in public records, maps,
charts, Act or notifications, Law books and law reports - judgment
opinions of witnesses - Character of parties - Civil and Criminal cases
- Previous conviction of parties - General reputation of parties.
Matters of which proof is not required - Judicial Notice - Law and
Custom - Public Administration - Common knowledge -Facts formerly
admitted presumptions - Rebuttal of presumptions.
Matters of which proof is not allowed - Facts which parties are
stopped from proving - stopped by record, deed and conduct.
Unit -III
Proof - oral evidence - Rule against hearsay - The evidence rule -
Admissions, confessions, declaration statement in Public documents -
Documentary evidence, primary and secondary evidence - Digital
evidence - Genuiness of documents - Proof of public documents by
certified copies or by records of the documents, etc. Presumptions
as to documents - parol Evidence respecting. Documents as
substitute for documents - variation or contradiction or
contradiction in aid of interpretation.

4 Department of Legal Studies, Chennai Department of Legal Studies,Chennai 4


Unit - IV
Production and Effect of Evidence : 2. ADMINISTRATIVE LAW (TA4B)
Burden of proof - quantum of proof - cogency of evidence-
competency of witness - compellability - oath or affirmation Unit -I Introduction
- Examination in chief cross examinations questions in cross Definition,Nature,Scope-Origin and Development in UK.,
Examination - re-examination. Hostile witness - Discredit of opposing U.S.A.,France and India – Sources- Administrative Law and
witness - contradiction of witness- dental privilege - Affairs of State- Constitutional law -Rule of Law Concept, Evaluation Of Dicey’s concept
lnformation Legal Professional Communications between spouses of Rule of Law,Modern conception of Rule of Law, Rule of Law IN
accomplices - Discretion of witness - Admissibility of evidence - U.K.,U.S.A, and India,Rule of Law vis-à-vis Administrative Law-
witness called by judge - corroborations - Refreshing memory - Judges Doctrine of Separation of Powers-Meaning, Origin, Montesquieu’s
power to put questions - Appeal against improper admission and Doctrine of Separation of Powers, System of Checks and Balances,
rejection of evidence. Position in U.K.,U.S.A.., and India- Parliamentary Sovereignity in U.K.,
Limited Legislative Powers in U.S.A. and India- Classification of
Administrative Action..
Statutory Materials with Amendments
A. Nature of Powers – Executive , Legislative and Judicial
1. The Indian Evidence Act, 1872.
B. Legislative Function-Quasi Legislative Functions-Administrative
2. Criminal Law (Amendment) Act, 2013. Directions
C. Judicial Function – Quasi Judicial Function – Tribunals and
3. Information Technology Act, 2000.
Administrative Justice. Executive Function-Ministerial Functions
and Discretionary Functions
Books for Reference Unit - II Delegated Legislation:
Meaning , Nature, Origin , Development and Growth of Delegated
1. Ratanlal - The Law of Evidence.
Legislation, Types of Delegated Legislation and Constitutionality of
2. Sarkar - Law of Evidence Delegated Legislation-Delegated Legislation and Conditional Legislation,
Sub-Delegation –Restraints on Delegation of Legislative Power, Doctrine
3. R.D.Agarwal - Commentaries on Indian of Excessive Delegation- Control over Delegated Legislation-Judicial,
Evidence Act. Procedural and Legislative Control-Administrative Directions and
Delegated Legislations.
4. Sir James Fitz Stephen - An Introduction to the Indian
Evidence Act. Unit -III Procedural Fairness and Judicial Review
Principles of Natural Justice- Concept, Parameters and Application
5. Abhinav Mishra’s - Indian Evidence Act.
of the Principles of Natural Justice-Rule against Bias- Audi Alteram
Partem or the Rule of Fair Hearing-Meaning, Object, Ambit and
ingredients of Fair hearing, Institutional Decision, Post decision hearing –
Reasoned decisions-Exceptions to the rule of Natural Justice-Effects of
********* Breach of Natural Justice.
***

4 Department of Legal Studies, Chennai Department of Legal Studies,Chennai 4


Administrative Process and Judicial Review –Meaning and need for Public Undertaking- Object, Importance, Characteristics,
Judicial Review-Scope of Judicial Review, Jurisdiction of Supreme Court- Classification, Reason for the growth-Working of Public Corporation-
Writ Jurisdiction-Appeal by Special Leave (Art. 136)-Scope and Object of Rights ,Duties and Liabilities of Public Corporations-Control over
Article136-Jurisdiction of the High Court- Judicial Review of Puplic Corporations, Government Control, Parliamentary Control,Judicial
Administrative Action through writs-Scope of the Writ Jurisdiction Control, Public Control-Role of Ombudsman in Public Undertaking.
– against whom the writ lies-Territorial extent of Writ Jurisdiction- Relief
against an Interim order –Interim Relief (Art.226 (3)- - Locus standi –
Kinds of Writ-Grounds for issue of Writs-Principles for the exercise of Books for Reference
Writ Jurisdiction, Alternative Remedy Laches or Delay- Res Judicata-
Public Interest Litigation and Locus Standi-Doctrine of Legitimate 1. M.P.Jain and S.N.Jain - Principles of Administrative
Expectation and Doctrine of Proportionality. law.
Statutory Remedies- Injunction-Declaration against the
Government-Exclusion of Civil Suits: 2. S.P.Sathe - Administrative
Privileges and Immunities of Government in legal Proceedings- 3. I.P.Massey - Administrative Law
Privilege to withhold documents-Miscellaneous Privileges of the
Government–Notice,Limitation, enforcement of court order- Binding 4. C.K.Takwani - Administrative Law
nature of Statutes over the states action-Promissory Estoppel- Right to
information 5. Kailash Rai - Administrative Law

Judicial Control of Administrative Discretion- Meaning , Nature and 6. Wade - Administrative Law
Need of administrative Discretion-Ground and Extent of Judicial Review-
Fundamental Rights and Discretionary Power 7. De Smith - Administrative Law
Liability of the state –Liability of the State in Torts and Contracts. 8. Foulkes - Administrative Law
Unit- IV Ombudsman, Lokpal, Lokayakta and Central 9. Indian Law Institute - Cases and Material of
Vigilance Commission Administrative Law.
Meaning, Object,Main Characteristics, Need and Utiltiy –Origin and
10. Markose - Judicial Control of
Development of the Institution-Ombudsman in New Zealand –
Administrative Action
Ombudsman in England(Parliamentary Commissioner)-Ombudsman in
India- Lokpal-Lokayukta in States-Central Vigilance Commission. Unit 11. Griffith and Street - Administrative Law.
- V Administrative Tribunals and Public Undertaking : 12. Report of the Law Commission - First Report, Second Report,
Administrative Tribunals-Meaning, Nature, Main Characteristics Fourteenth Report
,Origin and Development (U.S.A,U.K, and India)-Franks Committee-
13. Report on the
Tribunal and court, similarity and difference- Reason for growth of
committee of Minister’s Power - Franks Committee Report.
Admininstrative Tribunals-Merit and Demerits of Administrative
tribunals-Procedure and Powers of Administrative Tribunal
(U.K.,U.S.A. and India) Tribunal under Constitution-High Court’s
Superintendence over Tribunals-Appeal to Supreme Court by Special
Leave- Working of the Administrative Tribunal-Administrative Tribunals ************
under Administrative Tribunals Act,1985-Administrative Procedure Act in
U.S.A-Domestic Tribunal.

4 Department of Legal Studies, Chennai Department of Legal Studies,Chennai 4


Unit V Law Relating to Wages
3. LABOUR LAW - I (TA4C) Minimum Wages Act,1948:Theories of Wages and Wage Policy
- Concept of Wages - Living Wage,Fair Wage and Minimum Wage
- Fixation of Minimum Rates of Wages-Methodology, Procedure:
Advisory Boards-Inspectors, Powers, Claims - Exceptions and Offences -
Unit I Introduction Equal Remuneration Act
Payment of Wages Act,1936:Definitions-Deductions-Authorities
Labour Legislation:Origin and Development of Labour legislation-
under the Act- Inspectors and their powers-Penalty.
Object and Nature of Labour Legislation- Evolution of concept of Master
and Servant relationship-Theory of Laissez Faire and State Regulation of
Labour Legislation and Its Special Features-Role of International Statutory Materials with Amendments
Labour Organization in setting Labour Standards. Liberalization- 1. Industrial Disputes Act,1947.
Privitization and Globalization(LPG).
2. Trade Union Act,1926

Unit II Trade Union Act,1926 3. Industrial Employment (Standing Orders)Act,1946


4. Minimum Wages Act,1948
Definitions-History of Trade Union Movement-Registration of Trade
Unions-Rights and Liabilities of Trade Unioins-Immunities and Privileges 5. Payment of Wages Act,1936.
of a Registered Trade Union-Trade Union Funds- Collective Bargaining-
Amalgamation and Dissolution of Trade Unions- Recognition of Trade Books for Reference
Unions.
1. Madavan Pillai - Labour and Industrial Law
Unit III Industrial Disputes Act,1947 2. S.N.Mishra - Labour and Industrial Law

Scope,Applicability and Definitions - Appropriate government: 3. V.G.Goswami - Labour Law


Workmen:Industry:Industrial Disputes:Award:Settlemetn:Public Utility
4. O.P.Malhotra - Industrial Disputes Act
Services: Strike: LockOut Retrenchment:Lay Off:Closure- Machinery for
Settlement of Industrial Disputes-Work Committees, Conciliation 5. K.D.Srivatsava - Law Relating to Trade Union
Officers-Board of Conciliation,Court of Inquiry-Labour Court, Industrial
Tribunal National Industrial Tribunal-Reference Power of the Government 6. K.D.Srivatsava - Payment of Wages Act,1936.
Voluntary Arbitration-Unfair Labour Practices.
7. K.D.Srivatsava - Payment of Minimum Wages Act,1948.

Unit IV Industrial Employment (Standing Orders) Act, 1946:


************
Scope and Definitions - Procedure for Certification of Standing
Orders - Duration; Modification of Certified Standing Orders - Domestic
Enquiry and disciplinary proceedings.

4 Department of Legal Studies, Chennai Department of Legal Studies,Chennai 4


Books for Reference :
1. Starke - International Law
4. INTERNATIONAL LAW 2. S.K. Kapoor - International Law
(TA4D)
3. K.K. Bhattacharya - International Law

Unit - I Introduction : 4. Agarwal - International Law

International Law- Definition; Basis; nature and Weakness 5. Oppenheim - International Law
-Differences between Public International Law and Private
International Law - Codification. 6. Briely - International Law

7. Schwarzenegger - International Law


Unit - II Sources of International Law.

Unit - III International Law and Municipal Law- Relationship.

Unit-IV Subjects of International Law :


************
State as a Subject - Rights and Duties or Responsibilities of State -
Individual as a Subject of International Law.

Unit - V State Succession and Liability.

Unit - VI Territorial Sovereignty - Modes of Acquisition and Loss of


Territory; Jurisdiction; Law of Sea; law of the Air.

Unit - VII Extradition and Asylum; Nationality Acquisition and Loss


Related Problems - Refugees - Nuremberg Trial - Disarmament Weapons
of Mass distruction - Peaceful use of chemistry.

Unit - VIII Diplomatic Agents - Consular Missions - their Position,


Privileges and Immunities.

Unit - IX International Treaties - Negotiations - Conclusion of Treaties


- Various Stages - Reservation; Observance of Treaties
- Interpretation of Treaties - Suspension and Termination of Treaties.

Unit - X International Organizations - UNO - General Assembly;


Security Council; International Court of Justice - International Tribunals.

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- enforcement of foreign awards-Appealable orders.

5. CLINICAL COURSE-II (TA4E)


(Internal)
ALTERNATIVE DISPUTE
RESOLUTION

Unit - I - Domestic Arbitration


1. General Provisions - Definition Clause - Meaning of Arbitration,
Valuer, Experts, Valuation, Dispute, Dispute of Civil Nature,
Tort matters, Contract of Apprenticeship, Assignment, Powers
under agreement - Arbitration and litigation - Reference
underArbitration Agreements.

2. Arbitration agreement - Agreement to be in writing - No


prescribed form of agreement-Tenders containing arbitration
clauses - Telex - Fax - Arbitration Agreement and reference
clauses having the effect of arbitration agreement - Rent review
clause. Agreement of reference in the shape of option
- Reference of time - Barred claim etc.

3. Composition of Arbitral Tribunal - and all its attendant


provisions.

4. Jurisdiction of Tribunal

5. Conduct of Arbitral Proceeding.

6. Making of Arbitral Award and Termination of Proceedings.

7. Recourse against Arbitral awards - Finality and enforcement of


Arbitral awards.

8. Appeals and Miscellaneous Provisions.

Unit - II : Enforcement of Certain Foreign Awards


a. International and Commercial Arbitration : Commercial
choice of place and proper law of Arbitration - Governing law of
arbitration - Foreign award - International arbitration - New York
convention awards - Binding force of foreign awards
5 Department of Legal Studies, Chennai Department of Legal Studies,Chennai 5
b. Geneva Convention Awards: Foreign awards for purposes of
this convention - II Schedule & III Schedule - All Implications
Relating to the Geneva Convention Awards.

Unit- III : Conciliation


a. Meaning - Number and qualification of conciliators -
Appointment of conciliators - Principles of Procedure -
Procedure of Conciliation.

b. Settlement : Settlement of Disputes - Status and effect of


settlement agreement - Restrictions on the role of conciliators
-Termination of Conciliation Proceedings - Resort to Arbitral or
Judicial Proceedings - Costs - Deposits.

Unit IV Mediation:
Unit V Schedules
a. First Schedule : Convention on the Recognition
and Enforcement of Foreign Arbitral
awards.

b. Second Schedule : Protocol on Arbitration Clauses.

c. Third Schedule : Convention on the Execution of


Foreign Arbitral Awards.

Statutory Materials with Amendments


1. The Arbitration and Conciliation Act,1996.

2. Arbitration(Amendment )Act, 2011.

3. United Nations Convention of Recognition and enforcement of


Foreign awards (New York 1958).

4. Brussels Convention.

5. European Convention on International Commercial Arbitration.

6. Tamil Nadu Mediation Rules, 2010.

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Books for Reference :
1. Law of Arbitration and Conciliation by Dr. Avtar Singh - THIRD YEAR
Published by Eastern Book Co. Lucknow.
V - Semester
2. The Arbitration and Conciliation Act, 1996 (Act 26 of 1996) byP.
S. Narayana, Advocate, Published by ALT Publications, High 1. CIVIL PROCEDURE CODE (TA5A)
Court Premises, Gate No. 2 , High Court of A. P. Hyderabad - 2
(A. P.) Unit - I Introduction
3. Mani’s- Digest on Arbitration and Conciliation (1996-2014) The Law relating to procedure in civil courts as enacted in the Civil
Procedure Code of 1908 read with the orders and rules made there under
4. Justice.Saraf- The Arbitration and Conciliation (2012 Edition)
as amended upto date, by High Court of Madras with emphasis on the
5. P.C.Markanda,&Sri Ram Panchu’s Mediation Practise and the law following:

6. Law relating to Arbitration and Conciliation (II Volumes) by M.A.


Unit - II Jurisdiction
Sujan Published by Universal Law Publishing Pvt. Ltd, Delhi. Jurisdiction of Civil Courts, the choice of the forums of action and
the doctrine of resjudicata.
7. Law of Arbitration and Conciliation by S. K. Roy Chowdhury and
H. K. Saharay (4th Edition 1996) published by Eastern Law Unit - III Institution of suits
House, New Delhi. Institution of suits and framing of the pleadings with reference to the
general rules relating to pleadings under Orders VI to VIII and Rules
Assessment Scheme relating to misjoinder of parties and cause of action as laid down in
Orders I and II.
1. Case Study in Arbitration Centre
Unit - IV Procedure - Conduct of a suit
(Pratical /Simulation Exercises)
A brief survey of the procedure followed in the conduct of a suit
3 exercises - 20 Marks each : 60 Marks commencing from service of summons, appearance of parties and
consequences of non-appearance, discovery and inspection, production of
documents , settlements of issues, summoning of witnesses and the
2. Tests (Written) : 20Marks pronouncement of judgement and contents of a decree.
Unit - V Modes of Execution
3. Presentation / Viva Voce : 20 Marks Modes of execution of decrees passed by Civil courts and the outline
of the procedure to be followed relating to execution as laid down in
Order XXI.
TOTAL 100 Marks
Unit - VI Suits against the Government
Procedure to be followed in instituting suits against the
********* Government or Public Officers, suits by aliens and by or against foreign
Rulers and Dignitaries and suits relating to Public matters.
***

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Unit - VII Procedure - Filing appeals
Procedure to be followed in filing appeals against original decrees: 2. CRIMINAL PROCEDURE CODE (TA5B)
Appellate decrees, Appealable orders and Appeals to the Supreme Court.
Unit - VIII Reference, Review and Revisions. Unit - I
Unit - IX Procedure - Interlocutory proceedings Important definitions under the Code of Criminal Procedure, 1973
Procedure and law relating to interlocutory proceedings for (Act 2 of 1974). Constitution of Criminal Courts and Officers - Court of
issuing commissions, arrest and attachment before judgement, temporary Session - Assistant Sessions Judges - Judicial Magistrates & Executive
injunction and interlocutory order, appointment of Receivers as laid down Magistrates - Public Prosecutors - Assistant Public Prosecutors.
in orders, XXVI, XXVIII, XXXIX & XLI and preparation affidavits. Powers of Police Officers - Aid and information by Public.
Unit - X Suits appeals by indigent person. Arrests of persons without warrant by Magistrate - by private
persons - search - pursuit of offenders - seizure of offensive weapons
Suits and appeals by indigent person. - Medical examination of arrested persons - Procedure to be followed on
Unit - XI Suits minors and persons of unsound mind arrest.
Suits by or against minors and persons of unsound mind. Unit - II Pre - trial Processes :
Unit - XII Inter pleader suits. Processes to compel appearance summons -service of summons -
warrant of arrest - Search warrant - proclamation and attachment - bond
Unit - XIII Summary suits on negotiable instruments.
for appearance - impounding documents - process to compel the
Unit - XIV Abatement of suits production of things.
Abatement of suits and bringing on record legal representatives of the Unit - III
parties to a suit.
Information to the police and their powers to investigate -
Unit - XV Limitation Act : procedure on investigation - and recording of statements - recording of
Limitation Act Definitions, limitations of Suits Appeals, confession and statement - powers of Police officers on investigation -
Computation of Period of Limitation - acquisition of ownership by inquiry by Magistrate into cause of death.
possession Unit - IV
Statutory Materials with Amendments Jurisdiction of the criminal courts in inquiries and trials - conditions
requisite for initiation of proceedings - cognizance of offences by Courts
1. Civil Procedure Code, 1908. of Sessions - Prosecution in special cases. Complaints - Procedure on
2. Limitation Act, 1963. receipt of complaints.

Books for Reference : Unit - V


1. Mulla - Civil Procedure Code The charge form and contents of charge - effects of errors -
joinder of charges.
2. Takwani - Civil Procedure Code
3. Tandon - Civil Procedure Code Unit - VI Trial Procedure :
4. S. N. Singh - Civil Procedure Code Trial before a court of session- framing of charge - discharge -
5. Bare Act - Limitation acquittal - judgement of acquittal or conviction - trial of warrant cases by
Magistrates - Upon Police Report or otherwise Procedure-Trial of
************ summons cases - Withdrawals - Summary trials - attendance of persons
confined in prison.

5 Department of Legal Studies, Chennai Department of Legal Studies,Chennai 5


Unit - VII Unit XIII The Juvenile Justice
Evidence in enquiries and trials - commission for examination (Care and Protection of Children Act, 2000)
- record of evidence in absence of accused - General provisions as to Object of Juvenile Justice (Care and Protection of Children Act,
enquiries and trials - legal aid to accused at State expense in certain case - 2000)
tendering pardon to accomplice - power to examine the accused -
Juvenile Justice Board - Procedure - Powers.
competence of accused to be a witness - compounding of offences -
withdrawals from prosecution. Observation Homes - Special Homes.
Bail of Juvenile.
Unit - VIII Preventive provisions in the Criminal Procedure
Code: Orders that may be passed regarding Juvenile - Orders that may not
be passed against Juvenile.
Security for keeping the peace and for good behavior - Suspected
persons - habitual offenders - imprisonment in default of security - Child in need of care and protection.
Order for maintenance of wives, children and parents Rehabilitation and Social Re-Integration
- Procedure - Alteration in allowance - enforcement of order of
maintenance - maintenance of public nuisance - injunction pending Statutory Materials with Amendments
enquiry - urgent cases of nuisance or apprehended danger. Disputes 1. The Code of Criminal Procedure 1973
regarding immovable property - procedure for local enquiry
- preventive action to the police - cognizable offences. 2. The Probation of Offenders Act, 1958
3. The Juvenile Justice (Care and Protection of Children) Act, 2000
Unit - IX Miscellaneous and Legal Aid:
4. T.N. Victim Comparisation scheme 30th Nov 2013.
Special provisions as to accused persons of unsound mind
- provisions as to offences affecting the administration of justice 5. Criminal Law (Amendment) Act, 2013.
- judgement -order to pay compensation - confirmation of death
Books for Reference :
sentences.
1. Sohoni’s The Code of Criminal Procedure, 1973 (5 Volumes) (Act
Unit - X 2 of 1974) by R. Nagaratnam, Advocate, Published by the Law
Appeals, Reference and Revision - Transfer of Criminal cases. book Company (P) Ltd.
2. B. B. Mitra on the Code of Criminal Procedure, 1973 (2 Vol)
Unit - XI Edited by S. R. Roy Judge, (Retd) High Court, Published by
Execution, suspension, Remission and commutation of sentence - Kamal Law House 8/2, K.S. Roy Rd, Calcutta.
Death sentences - Imprisonment - levy of fine. Provisions as to bail and
bonds - disposal of property - Limitation for taking cognizance of certain 3. Outlines of Criminal Procedure - R. V. Kelkar.
offences - inherent powers of the criminal courts. 4. The Code of Criminal Procedure,1973 - Ratanlal
Unit - XII The Probation of Offenders Act, 1958. 5. Criminal Procedure Code, 1973 - Durga Das Basu.

Object of Probation of offenders Act - Power of Court to release 6. The Juvenile Justice Act, 1986 with important Judgements(Acts 53
offenders after admonition and on probation of good conduct - Procedure of 1986) by Dr. S. K. Awasthi, Advocate, Published by Law
in case of offenders failing to observe conditions of bond vision 971/1, Tulsipur, Allahabad -211003
- Appointment and duties of probation officers - Probation officers to 7. Juvenile Justice Act. - S. Sambandam.
be Public servants - Sec. 360 of CRPC not to apply in certain areas.
************

5 Department of Legal Studies, Chennai Department of Legal Studies,Chennai 5


Unit - XI
3. ENVIRONMENTAL LAW (TA5C) Water pollution - meaning - authorities under the water act. - powers
and functions of Central and State Pollution Control Boards
- activities prohibited and regulated under the Air Act. - Penalties for
Unit - I violation
Bio - Geographical aspects of our Environment. Unit - XII
Air Pollution - meaning - authorities under the Air Act -Powers and
Unit - II functions of Central and State Pollution Control Boards - activities
Socio - Economic dimensions of our Environment. prohibited and regulated under the Air Act. - Penalties for violation.
Unit - XIII
Unit - III
Noise Pollution - Law relating to noise pollution - provisions under
Problems affecting the Environment and factors responsible for the Police Act - Noise Rules 2000.
environmental degradation.
Unit - XIV
Unit - IV Pollution of Land - waste management - issues relating to use of
plastics - Hazardous waste management rules - Bio-medical waste
Policies of the State for abatement of Pollution and for
Management Rules.
conservation.
Unit - XV
Unit - V Ground water pollution - management of ground water resources
Constitutional obligation to protect the natural environment. - Madras Metropolitan area Ground water Regulation Act. 1987.

Unit - VI Unit - XVI


Law relating to Conservation of Forest and Wild Life.
Right to live in a healthy environment - Evolution and principles
/ Doctrines propounded by the Judiciary. Unit - XVII
Law relating to Prevention of Cruelty to Animals.
Unit - VII
Unit - XVIII
History of evolution of law to handle pollution and other
Environmental Protection Act and Rules made there under-
environmental problems in India.
Notifications issued under the Act.
Unit -VIII Unit - XIX
Remedies for environmental pollution available under common law Role of Social movements in Environmental Management.
and Statute law (Remedies under law of torts, Indian Penal Code, Unit - XX
Criminal Procedure Code, Civil Procedure Code)
International Environmental Law - Significance of various
Unit - IX international convention to protect the environment and the principles
declared in the Conventions.
Laws relating to control of pollution:
Unit - XXI
Unit - X Region Specific environmental problems - Status report of
National Green Tribunal environmental problems in the state of Tamil Nadu.

6 Department of Legal Studies, Chennai Department of Legal Studies,Chennai 6


Statutory Materials with Amendments ***
1. Wild life (Protection) Act. 1972.
2. Prevention of cruelty to Animals Act, 1960.
3. The Water (Prevention and Control of Pollution) Act,1974.
4. Forest (Conservation) Act. 1980.
5. The Air (Prevention and Control of Pollution) Act,1981.
6. Environmental (Protection) Act, 1986.
7. Public Liability Insurance Act, 1991.
8. National Green Tribunal Act, 2010
Books for Reference :
1. Armin Rosencranz Etal (ED), Environmental Law and Policy in
India. - Tripathi, Bombay.
2. Armin Rosencranz Etal (ED), Environmental Law and Policy in
India: Cases, Materials and Statutes, Tripathi, Bombay.
3. Centre for Science and Environment, The State of India’s
Environment - A Citizens’ Report, Delhi.
4. Indian Law Institute, Environmental Protection Act: An Agenda for
Implementation, Tripathi, Bombay.
5. Jaswal Ps.and Nishtha Jaswal, Environmental Law , Pioneer
Publications, Faridabad, Harayana.
6. Lal’s Commentaries on Water, Air Pollution and Environment
(Protection) Law, Law Publishers (India) Pvt. Ltd.
7. Sahasranaman, Pb, Law of Environment Protection (1997)
Classic Publications, Bangalore.
8. W.Bernie, Patricia and Boyle, Alan, Basis Documents on
International Law and the Environment (1995), Oxford
University Press.
9. Paras Dlwan, Environmental Law Volume (1,2,3).
10. P. Leelakrishnan - Environmental law in India.
11. S. K. Shukla - Environmental protection laws.
12. L. Agarwal - Legal control and
Environmental pollutions.
13. S. Shanthakumar - Environmental law

*********
6 Department of Legal Studies, Chennai Department of Legal Studies,Chennai 6
4. LABOUR LAW-II (TA5D)

Unit - I Introduction: Social Security and Labour Welfare


Concept, Evolution and Constituents of Social Security - Object of
Social Security Laws - Social Security and Constitution - ILO on Social
Security.

Unit - II Social Security: Industrial Injuries


The Employees’ Compensation Act, 1923: Scope, Objects,
Coverage and Definitions- Liability of the Employer to Pay
Compensation - Personal Injury, Accident arising out of and in
the Course of Employment, Doctrine of Notional Extension and
Occupational Diseases - Determination and Distribution of
Compensation - Principal Employer’s Right of Indemnity -
Commissioner’s Powers and Functions.

Unit - III Social Security: Social Insurance


The Employee’s State Insurance Act, 1948: Objects, Applications
and ‘Seasonal Factory’ - Definitions - E.S.I. Corporation - E.S.I. Funds,
Payment of Contributions - E.S.I. Benefits - Adjudication of Disputes -
E.S.I. Court - Penalties.

Unit - IV Other Social Security Legislations


The Maternity Benefits Act, 1961: Object and Application -
Eligibility and Maternity Benefits - Notice of Claim Prohibition against
Dismissal, Wage Deduction - Powers and Duties of Inspectors.
The Employee’s Provident Funds and Miscellaneous Provisions
Act, 1952: Scope, Coverage, Application and Definitions - Authorities,
their Powers and Functions Contributions - Employees Provident Fund
Scheme, Employees’ Pension Scheme and Deposit Linked Insurance
Scheme -Penalties.
The Payment of Bonus Act, 1965: Bonus Commission -
Definitions and Coverage - Kinds of Bonus - Eligibility and Extent of
Bonus - Calculation of Bonus - Available Surplus, Allocable Surplus,
Set On Set Off - Forfeiture of Bonus - Prior Charges - Machinery.

6 Department of Legal Studies, Chennai Department of Legal Studies,Chennai 6


Payment of Gratuity Act, 1972: Background, Object and Definitions
- Eligibility for Payment of Gratuity - Forfeiture, Exemption,
Determination - Controlling Authority -Penalties. 5. TAXATION LAW (TA5E)
Unit - V Labour Welfare Legislations Unit - I
Factories Act, 1948: Background and Definitions - Formalities to
start a Factory - Health, Safety and Welfare Measures - Working Hours -
************
Employment of Young Persons - Annual Leave with Wages
- Special Provisions.
The Tamil Nadu Shops and Establishment Act, 1947: Applicability
and Person covered by this Act, - Opening and Closing Hours -
Employment of Young Persons - Working Hours, Public Holiday, Safety,
and Cleanliness - Leave and Annual Leave with Wages.

Statutory Materials with Amendments


1. The Employees’ Compensation Act, 1923
2. The Employees’ State Insurance Act, 1948
3. The Maternity Benefit Act, 1961.
4. The Payment of Bonus Act, 1965.
5. Payment of Gratuity, 1972.
6. Factories Act, 1948.
7. The T.N. Shops and Establishment Act, 1947.

Books for Reference


1. S.N.Mishra - Labour and Industrial Law
2. V.G.Goswami - Labour Law
3. Madhavan Pillai - Labour and Industrial Law
4. S.C.Srivastava - Social Security and Labour Laws
5. K. D. Srivastava - The Employees’ Compensation Act, 1923
6. K.D. Srivastava - The Employees’ State Insurance Act,
1948
7. K. D. Srivastava - The Employees’ Provident Funds and
Miscellaneous Provisions Act, 1961.
8. K. D. Srivastava - The Payment of Bonus Act, 1965
9. K. D. Srivastava - Payment of Gratuity, 1972
10. K. D. Srivastava - Factories Act, 1948

6 Department of Legal Studies, Chennai Department of Legal Studies,Chennai 6


General Principles of Taxation
(a) Definition- Concept - Purpose of Taxation-Nature and
Characteristics of Taxation - Distinction between tax, fee and fine-
Mutual relationship between Tax laws and Finance Act (Amended Act)
–Canons of Taxation- Kinds of Taxes- Progressive- Proportional-
Regressive and Digressive- Eminent Domain Principle- Theory and
Basis of Taxation-Scope and Limitations of Taxation- Inherent
limitations-Requisites of a Valid tax (b) Double taxation- Sec-90 and
Sec.91 of the I.T. Act.- Importance of OECD guidelines in International
Taxation- Black money – Causes and Effect.

Unit - II
Constitutional basis and Taxing powers:
(a) Constitutional Taxing Powers - Constitutional Amendment
101- Amendment of Art.246A - Amendment of Art.248A- Art.249 and
Art.250– Art.243H-Art. 243Z - Art.250- Art.268-Art.269- Art.269A
– Amendment of Art.270-271-Art.286- Amendment of Seventh
Schedule- Art.366- Art.368- Amendment of Sixth Schedule and
Seventh schedule-Constitutional amendment 101- Art. 279 A- GST
Council- Constitutional Limitations.- Significance of Union Territory
Goods and Services Act, 2017- Significance of the Goods and Services
Tax (Compensation to States) Act, 2017.

(b) Historical Development of Tax on supply of Goods and


services -Exemptions to the levy of Goods and Services Tax to
petroleum products- alchoholic liquor for human consumption- Powers
of the GST Council to regulate these goods by notification.- Present
status of Central Sales Tax Act,1957 and Central Excise Act-Customs
Act and Tamil Nadu Value Added Tax Act 2006.

Unit - III
Direct Taxation:
Income Tax Act, 1961.
Preliminary concepts; Income, ‘Agricultural Income ‘ Casual
Income,’ person – Assessee Residential Status- Previous year-
Assessment year – General Charging Section- and Specific Charging

6 Department of Legal Studies, Chennai Department of Legal Studies,Chennai 6


Section- Income- Received- Arising – Accrual- Scope and Total Income Unit - V
– Exempted Income : Tax Liability under Specific Heads i) Income from
Salaries ii) Income from House Property iii) Income from Business or Customs Act -1962 with amendments -Role of customs in
Profession iv) Income from Capital Gains. V) Income from other sources international trade important terms and definitions– Assessable value
: Clubbing of Income: Income of other persons in assessee’s total Income Baggage – Bill of entry Dutiable goods Duty Exporter – Foreign going
– Treatment of Losses- Set off and carry forward of losses-Procedure for vessel – Aircraft goods – import – import Manifest – Importer
assessment- Deduction allowed in certain cases- Chapter VI A – Prohibited goods – Shipping bill – Store – Bill of lading – export
Deductions- Assessment of Special Class of Assessee. manifest – Letter of Credit – Kinds of duties – Basics auxiliary - Basics
of levy – Advalorem – Specific duties – Prohibition of export and import
Unit - IV of goods and provisions regarding notified and specified goods – Import
Indirect Taxation: of goods - Free import and restricted imports – Type of import – import
of cargo, import of personal baggage, import of stores..
A) The Taxation Laws (Amendment) Act,2017- Customs tariff- Central
excise –Central Sales Tax- Miscellaneous – Schedule. *********

a) Central Goods and Services Tax Act,2017 – Definition clauses- Statutory Materials, Relevant acts with Amendments :
Administration-Levy and Collection of Tax-Time and Value of Supply-
Input Tax Credit-Registration-Tax Invoice credit and debit notes.- (Note: Students to prepare answer for illustrative problems) Bare
Accounts and records-Returns- Payment of Tax-Refunds- Assessment-
Acts of all statutory materials.
Audit-Inspection- Search Seizure and Arrest-Demands and Recovery-
Liability to pay in certain cases-Advance –Appeals and Revision- 1. Back ground Material on GST Acts and Draft rules 2017.
Offences and Penalties 2. Black Money (undisclosed foreign income and assets) and
b). Tamil Nadu Goods and Services Tax Act, 2017- Definition- Imposition of Tax Act, 2015.
commencement- Officers under the Act- Powers and functions-Levy and 3. Mohammed Rafi - Indirect Taxation.
collection of Taxes- Chap III-XI scope of supply- Tax liability on
4. Manoharan - Income Tax Act
composite and mixed supplies- Levy and Collection-Composition Levy-
Power to grant exemption from tax. Time and value of supply- input 5. Singhanni Guide to Income Tax Act.
credit tax- Registration-Tax invoice – debit and credit notes- Accounts and 6. Bhagawathi Prasad Income Tax Law and Practice
Records- Returns- Payment of Tax – Refunds-Assessment
– Audit- Inspection –Search- Seizure and Arrest- Demands and 7. N.A.Phalkiwala- Income Tax.
Recovery- Liability to pay in certain cases- Chap XII-XIX-Advance 8. Sukumar Bhattacharya - Income Tax Law Practice
Ruling-Appeals and Revision-Offence and Penalties –Transitional 9. Wolters Kluwer - Step by Step guide to GST
Provisions- Miscellaneous Provisions-Schedules.
10. Wolters Kluwer - GST Acts ,Rules and Forms.
c) Integrated Goods Services Tax and Rules of States and Union : 11. Sita Raman and Company - GST Law and Practice.
Collection and Levy of Integrated General Services Tax- Determination of
Nature of Supply -Cross Utilization of credit-Utilization of IGST credit. 12. Bharat - GST rates of Tax and Compensation CES
Inter- state supply and Intra-state supply- Location of supply- Place of 13. Bharat - Central GST Laws
supply of goods and services or both. Refund of integrated tax to
14. Bharat - GST Ready reckoner .
International tourist.- Zero rated supply-Apportionment of tax and
settlement of funds-Miscellaneous Provisions. 15. V. Nagarajan - Indirect Taxes
16. D.P. Mittal - Indian double Taxation Agreement.

6 Department of Legal Studies, Chennai Department of Legal Studies,Chennai 6


6. CLINICAL COURSE - III (TA5F) Unit - V The Indian Registration 1908 Act With Amendments
(Internal)
DRAFTING, PLEADING AND CONVEYANCING Unit - VI The Indian Stamp Act 1899 With Amendment

Assessment Scheme
i. 15 Practical exercises in drafting
of pleadings (2 Marks for each) : 30 Marks
Books for Reference
1. Shivgopal - Conveyancing Precedents &
ii. 15 exercises in drafting of Forms.
conveyancing : 30 Marks
iii. Internal Tests : 30 Marks 2. Mogha (P. C .) - The Law of Pleading in India.
iv. Viva Voce Examination : 10 Marks
3. Mogha (P. C .) - The Indian Conveyances
TOTAL 100 Marks
4. Desouza’s - Forms and Precedents of
Conveyancing.
Unit - I Drafting :
General principles of drafting and relevant substantive rules shall be
taught.

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Unit - II Pleading:
Civil: I). Plaint ii) Written Statement iii) Interlocutory Application iv)
Original petition v) Affidavit vi) Execution petition and vii) Memorandum
of Appeal and Revision viii) petition underArticle 226 and 32 of the
Constitution of India.

Unit - III Conveyancing:


1. Sale Deed 2. Mortgage Deeds. 3. Lease Deed 4. Gift Deed
5. Promissory note. 6. Power of Attorney 7. Will.

Unit - IV Original side and Appellate side Rules of High


court.

6 Department of Legal Studies, Chennai Department of Legal Studies,Chennai 6


VI - Semester against torture - Protection of prisoners in India.

1. HUMAN RIGHTS LAW


(TA6A)
Unit - I Human Rights - Origin and Development
General - Origin and development - The middle ages - The Magna
Carta - Bill of right - Petition of right - The social contract theory -
American Revolution - The French Revolution
- Opposition to the concept of natural rights - Universalization of human
rights - The Atlantic Charter - Nature, Meaning and Concept of Human
Rights - Philosophical approach - Pragmatic approach - Classification of
Human Rights - The right to self determination - The right to development
- The right to peace - Interdependence of three categories of Human
Rights - Right to information.

Unit - II The United Nations and Human Rights


United Nations Charter based institutions - Centre for Human Rights
United Nations specialized agencies - Origin and preparation of
international bill of Human Rights - Adoption of the International
Covenants on Human Rights and Protocols thereto - Universal declaration
of Human Rights - International covenant on economic, social and
cultural rights - International covenant on civil and political rights -
Instrumentality of enforcement of the covenants.

Unit - III Civil and Political Rights - International Instruments


- Part- Ill of the Constitution of India
A. The right to life, liberty and security of person - Provision of the
United Nations Instruments - Right to life does not include right to
die - Meaning and content of personal liberty in Article 21 - Second
optional protocol to the international covenant on civil and political
rights - Problem of extralegal execution - Provisions of Human
Rights Instruments - Constitution and Powers of Designated Court -
Procedure and power of the Designated Court - Power to grant bill -
Maintainability of Writ Petition in High Court - The Nuclear Arms
Race and Right to life and liberty.
B. Abolition of slavery and slavery-life practice - Abolition of certain
types - forced or compulsory - Provisions of the United Nations
Instruments - ILO Forced Labour Convention 1930 and 1957 -
Exploitation of Children: Article 24 of the Constitution.
C. Protection against torture and other forms of cruelty inhuman or
degrading treatment or punishment -Constitution of the committee

7 Department of Legal Studies, Chennai Department of Legal Studies,Chennai 7


D. Protection against arbitrary arrest and detention - Provisions of
International Human Rights Instruments - Indian Constitution
- Right to be produced before a Magistrate within 24 hours of his
arrest - Right not to be detained beyond twenty four hours without
the authority of Magistrate - Prevention detention -
Communication of the grounds of detention - Detenu’s right of
representation - Subjective satisfaction of the detaining authority.
E. Freedom of thought, Conscience and Religion or Belief Provisions
of the United Nations Instruments -Conscientious objection to
military service - Conscientious objection to military or police
service which were used to enforce apartheid
- Elimination of intolerance and discrimination based on religion
or belief - Freedom to manage religious affairs.
F. Freedom of association including trade union rights - Provisions of
the United Nations Human Rights Instruments. - The International
Covenant on Civil and Political Rights - The Convention on the
right of the child - Provisions of ILO Instruments - Scope of right
to form association - Freedom to form association vis-a-vis armed
forces and police - reasonable restrictions.
G. The right of everyone to take part in the Government of his
country - Right to vote - Right to contest election - Election
Commission - Representation of the People’s Act -Elections to
Local self-Government.
H. Human Rights in the administration of Justice - United Nations
standards and norms - Strategies for effective implementations
- Guidelines on the role of prosecutions - Declaration of basic
principles of justice for victims of crime and abuse of power
- Equality before the law and equal protection of laws -
Prohibition of discrimination on certain grounds - Prohibition of
discrimination in the matter of public employment - Gender
equality in the matter of public appointment - Equal pay for equal
work - Exceptions to the rule of equal opportunity in the matter of
public employment - Enabling provisions for weaker section of the
society - Special provisions, for women and children - Special
provisions for advancement of socially and educationally backward
classes and Scheduled case and Scheduled tribes.

7 Department of Legal Studies, Chennai Department of Legal Studies,Chennai 7


I. The right of everyone to leave any country including his own and to C. Inter-state complaint-mechanism and individual complaint
return to his country - Externment orders an freedom of movement - mechanism.
Deportation of Indian citizens - Police surveillance D. European Court of Human Rights - Jurisdiction - Procedure etc.
- The inalienable right of all displaced inhabitants to return to
E. Human Rights Act, 1993 - National Human Rights Commission
their homes.
- India - Powers, Functions, Officers, Staff etc.
Unit - IV Social, Economic and Cultural Rights - Unit - VII International Humanitarian Law
International Instruments Origin and development of International Humanitarian Law - Geneva
A. Right to work - Provisions on ILO Instruments International Conventions - Defenseless persons, wounded, sick, medical personnel
Covenants - The declaration of elimination of discrimination against etc. - Repatriation - Prisoners of War - International armed conflicts -
women. Obstacles.
B. Right to education - UNESCO - Conventions - Educational rights of Unit - VIII Refugee Law
women and children. Origin and development - Rights, responsibilities of refugees -
C. Right to health - WHO - Global Strategy - Health and women and Juridical status - UNRWA and UNHCR - Legal status of refugees in
children - Vulnerable groups - International Instruments - World India - Resettlement.
Medical Association - Declaration of Helsinki - CIOMS References:
: Proposed International Guidelines for Bio-Medical research Human Rights (Major source documents) - The United Nations
involving human subjects - Council of Europe :Recommendation No. Charter, The Universal Declaration of Human Rights - The 1947
R(90) 3 concerning Medical Research on human beings. Principles of Nuremberg - The Geneva Conventions of 1949 - UN
D. Right to culture - Declaration of the principles of cultural co- Covenant on Civil and Political Rights - UN Covenant on Economic,
operation - UNESCO recommendations. Social and Cultural Rights - The European and American Conventions on
E. Right of family - Fractured societies. Human Rights. United Nations Charter.

Unit - V Human Rights and Vulnerable Groups Statutory Materials with Amendments
A. Rights of women - Objective equality - UN Development Fund for 1. The Human Rights Act,1993.
Women - World Conferences on Women - Nairobi Strategy. 2. Human Rights (Amendment )Act,2006
B. Rights of the Child - 1959 Declaration - UN Children’s Fund
- UNICEF - Convention of right of the child - Right against
Books for Reference
exploitation -1990 Declaration. 1. Gransten - Human Rights Today
C. Rights of the Disabled persons - Mentally retarded persons - Aged 2. Galius Esejoifer - Protect ion of Human
persons etc. Rights under the Law
D. Rights of Minorities - National, ethnic, religious, linguistic etc. 3. John Locke - Civil Government
Unit -VI Enforcement of Human Rights- Adjudication and 4. Richte - Natural Rights
Enforcement 5. Raphael D.D., McMillan - Human Rights old and new
A. How and by whom are human rights violations identified - By 6. R. Dworkin - Taking rights seriously
whom and how are human rights cases judged (1) Global level 7. Dr. U. Chandra - Human Rights, Allahabad
(2) Regional level (UN: Africa) and (3) Country level. Law Agency Publications
B. By whom and how are decisions and judgements about human 8. Paras Diwan - Human Rights and Law,
rights enforced - National sovereignty: The ultimate issue. Universal Publications.

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7 Department of Legal Studies, Chennai Department of Legal Studies,Chennai 7
Modern Crimes and International Crimes: Computer Crime -Kinds of
Computer Crimes - Definition of Computer Crime-Information
2. CRIMINOLOGY AND PENOLOGY (TA6B) Technology Act, 2000-Human Organ Crimes-International Crime-
Environmental Crimes.
Unit- I Introduction Unit - IV The Police and Criminal Justice System
Meaning and Significance of Crime-Concept of Crime and basis of Police: Organizational Structure of Indian Police-Police
Criminalization- Definition of Crime -Criminology-Criminological Bureaucracy -Police Setup-Custodial Deaths-Modernization in Police-
Reminiscence: Global Scenario-Renaissance-Modern Age-Focus on the Crime Records Management - Traditional Vis-a-Vis Modern Crime
need for Criminological Study -Ingredients of Crime-Distinguish Crime Records Management - Police Community Relations-Thana Level
from Non-Crime - Classification of Crimes -Development of Criminal Committee-Police Advisory Committees-Media and Police-Discipline and
Law-Sources of Crime Data-Crime Reporting-Uses of Crime Data- Lawlessness-Interpol.
Schools of Criminology. Criminal Justice System: Objectives of Criminal Justice System-
Rights of Accused and Arrested person-Plea Bargaining-Human Rights
Unit- II Crime Causation and Administration of Criminal Justice.
Individual Centric Causes -Societal Centric Causes- Theories on Unit - V Correctional Institution and Crime Prevention
Crime Causation- Juvenile Delinquency-Legislation- Juvenile Justice Probation and Parole: Origin -Salient features of Probation of
(Care and Protection of Children) Act, 2000- Statutory Bodies and Offenders Act, 1958 -Parole -Parole Regulations-Parole
Procedure-Reformative Institutions under the Act- Rehabilitation Process- Recommendations.
Case Law. Prison: Prison System in India- Problems of Prisoners-Organised
Unit - III Types of Crime Setup -Prison Discipline-Prison Labour-Prison Education-Open Prison-
The Prison Community-Prison Reform in India-Dr. Wreckless Committee
White-Collar Crime and Blue-Collar Crime: Implications of White Report-International Perspective.
Collar Crimes- White Collar Crimes in India-Santhanam Committee Crime Prevention: Theories of Punishment-Kinds of Punishment-
Report- Wanchoo Committee Report - 47th Law Commission Report- Recidivism-Various forms of Recidivist- Prevention of Crime and
Detection and Investigation-Trial of White-Collar Crimes-Case Law. Delinquency.
Crime and Women: Dowry Prohibition (Amendment) Act, 1986 - Books for Reference
Female Criminality-Crimes of Passion-New Legislation-Prostitution
1. Ahamed Siddique - Criminology Problems
-Immoral Traffic Offender (Prevention) Act- Medical Termination of
Pregnancy Act- Pre Conception and Pre Natal Diagnosis Techniques and Perspectives
(Regulation) Act- Domestic Violence Act- Criminal Law Amendment 2. Dr. M. Ponnian - Criminology and Penology
Act,2013. 3. Dr. Rajendra K. Sharma - Criminology and Penology
Terrorism: Definition– Nature of Terrorism-Causative Factors 4. Dr. Sirohi - Criminology
- Funds for Terrorism-Kinds of Terrorism-Terroristic Spectrum- 5. Paranjape - Criminology
Punishments and Measures for Coping with TADA-POTA-Criticism- 6. Bames and Teeters - New Horizons of Criminology
Anti-Terrorist Measures-Communal Violence-Causes and Cures. 7. Sutherland - Criminology
Marginal and Victimless Crimes: Social Deviance and Marginal 8. Taft and England - Criminology
Crimes-Kinds of Marginal Crimes -Victimless Crimes-Hidden victims- 9. Siegel - Criminology
Drug and Crime-Depiction of Offences and Punishments-NDPS Act.
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7 Department of Legal Studies, Chennai Department of Legal Studies,Chennai 7
Unit -V Confidential Information.
3. INTELLECTUAL PROPERTY LAW (TA6C) Introduction - Principles of law - Employer and employee
relationship - Industrial and trade secrets - know how - Remedies.
Unit - VI Trade and Merchandise Marks
Unit - I Introduction:
a. Rational of Protection of Trade Mark as (a) and aspect of
Property - tangible and Intangible property - meaning of intellectual commercial and (b) of Consumer rights.
property - concept of intellectual property - need to protect intellectual
property - protection against unfair competition - various kinds of b. Definition - Concepts of Trade Marks.
intellectual property and their difference. c. Marks registrable and not registrable.- Geographical indications of
goods-conditions for registeration-prohibition of registration of
Unit - II Copy Right (Indian Copy Right Act 1957 with certain geographical indications-
amendments)
d. Registration of trade marks - opposition - Disclaimer-
Definition of copy right - meaning of publication - subject matter of Defensive Registration Certification - Duration of registration
copy right literary, Dramatic & Musical works, Artistic works and - Effect of Registration.
cinematography - Author and ownership of copyright - Right conferred by
copy right-Term of copy right-Assignment; Transmission and e. Distinctiveness - Deceptive similarity - concurrent registration
Relinquishment of copy right- Licenses. - Rectification-Assignment and Transmission - Registered
Users.
Unit - III Patent Right (Indian Patents Act 1970 with f. Infringement - Action for infringement Remedies - Passing off
amendments) action - offence and penalties.
Definition - Concept of patents - Basic principles underlying patent
Unit - VII Global Trends
law in India - Inventions patentable and not patentable.
Origin and functions of World Trade Organisation (WTO) -
Procedure to obtain patent specifications - opposition Agreement of Trade related Intellectual property rights (TRIPS) - Effects
-Examination and disposal of application for patent power of the of Trips on Trade mark, patent and copyright law in India.
controller.
Secrecy of inventions grant and sealing of patents lapse and
restoration of patents - Right and obligations of patentee. Statutory Materials with Amendments
Working of patents - Revocation and surrender of patents - Licenses
1. Indian Copyright Act, 1957 as amended in 1999.
- Compulsory License and acquisition of invention by Government.
2. Indian Patents Act, 1970 as amended in 1999.
Infringement of patents and the remedies therefore.
3. Trade and Merchandise Marks Act, 1958.
Patent agents - Loss or destruction of patents.
4. The Design Act, 2000.
Unit - IV Industrial Designs Act,2000 with amendments
5. Berne Copy right convention.
Introduction - Registrable and Non- registrable design - novelty and
originality - publication. 6. International convention for the protection of Industrial Property
(Paris Convention).
Infringement of copyright in a design - civil remedies against piracy
defences - Action for groundless threat.

7 Department of Legal Studies, Chennai Department of Legal Studies,Chennai 7


Books for Reference :
1. P. Narayanan - Trade marks and Passing off
4. CLINICAL COURSE - IV (TA6D)
2. P. Narayanan. - Copyright and Industrial designs
3. Lal’s - Commentary on Copyright Law (INTERNAL)
4. P. Narayanan - Patent Law MOOT COURT EXERCISE AND INTERNSHIP
5. P. Narayanan - Intellectual Property Law
6. W.R.Cornish - Intellectual Property, Patents , i. Moot Court
Copyrights trademarks and allied
rights (Atleast 3 Moot Problems one each in
Constitutional Law ; Criminal law & Civil Law
7. Dr. B. L.Wadehra - Law relating to patents, with10 marks each i.e. 5 marks for written
trademarks, copyright, submission & 5 marks for oral advocacy) 30 Marks
design and geographical indications
ii. Observance of Trial (Atleast 2 Cases: Civil - 1;
8. Dr.S.R.Myeni - law of Intellectual Property Criminal - 1)(Student shall Attend two trials in
9. P.S.Narayana - Intelluctual Property law in India. the Course of the Last two or three years of
B.A.B.L., Degree Course and Maintain a record
10. Vikas Vashisht - Law and practice of Intellectual and enter the various steps observed during their
Property in India. attendance of different days in the court
11. W.R.Cornish - Intellectual Property, Patents, assignment.) 30 Marks
Copyrights trademarks iii. Interviewing Techniques and Pre-Trial
and allied rights Preparations and Internship Diary (Student shall
12. Arad Sherman and observe two interviewing sessions of clients at
Lawyer’s Office/Legal Aid Office and record
Lionel Bently - The making of modern
proceedings in a diary, Which will carry 15
Intellectual Property Law
marks. Further, student shall observe the
13. David I.Bainbridge - International Property. preparation of documents and court papers by the
14. Allison Coleman - The legal Protection of Trade Advocate and the procedure for the filling of the
Secrets suit / petition and record the same in the diary,
which will carry 15 marks) 30 Marks
15. W.R.Cornish - Cases and materials on iv. Viva Voce Examination (on all the above 3
Intellectual Property.
aspects) 10 Marks
16. Indian Patent system
and Paris convention - legal perspectives - Sangal PS. TOTAL 100 Marks
17. Anderfelt - International Patent
legislation and
developing countries
18. Miller & Davis. - Intellectual Property
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7 Department of Legal Studies, Chennai Department of Legal Studies,Chennai 7
8 Department of Legal Studies, Chennai Department of Legal Studies,Chennai 8

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