Faculty of Law

Saurashtra University
Rajkot

Faculty of Law
Syllabus of LL.B.
L.B. Three years
Effective From: 2022-2023
2023

Saurashtra University
University Campus, Rajkot. 360005
Gujarat – India

www.saurashtrauniversity.edu
 Saurashtra University

Syllabus

Semester One
Course
No. Course Name Marks Credit
Code

1 220101 Constitutional Law – Paper – I 100 5

2 220102 Constitutional Law – Paper – II 100 5

3 220103 Law of Crimes – I (Indian Penal Code) 100 5

Law of Torts including M.V. Act and The Consumer

4 220104 100 5
Protection Laws

5 220105 Environment Law 100 5

Foundation/Soft Skill : Semester-Cum-Continuous

6 220106 100 2
Evaluation

Page 2 of 102
 CONSTITUTIONAL LAW – PAPER – I (220101)

OBJECTIVE OF THE COURSE:

India is a democracy and her Constitution embodies the main principles of the
democratic Government - how it comes into being, what are its powers, functions,
responsibilities and obligations how power is limited and distributed. Whatever might have
been the original power base of the Constitution, today it seems to have acquired legitimacy
as a highest norm of public law. A good understanding of the Constitution and the law, which
has developed through constitutional amendments, judicial decisions, constitutional practice
and conventions is, therefore, absolutely necessary for a student of law. He must also know
the genesis, nature and special features and be aware of the social, political and economic
influence on the Constitution.
The purpose of teaching constitutional law is to highlight its never- ending growth.
Constitutional interpretation is bound to be influenced by one's social, economic or political
predilections. A student must, therefore, learn how various interpretations of the constitution
are possible and why a significant interpretation was adopted in a particular situation. Such a
critical approach is necessary requirement in the study of constitutional law.
Judicial review is an important aspect of constitutional law. India is the only country
where the judiciary has the power to review even constitutional amendments. The application
of basic structure objective in the evaluation of executive actions is an interesting
development of Indian constitutional law. The concept of secularism and federalism engraved
in the constitution are, and are to be, interpreted progressively.

SYLLABUS:
UNIT-1
1. PREAMBLE:
1.1 Preamble: Purposes, Objectives, Importance.
1.2 Preamble: Whether a part of the Constitution, Application of Basic Structure
Theory to the Preamble.
1.3 Amendment made in the Preamble: Effects thereof.
1.4 Use of Preamble in Interpretation of constitution Provisions.
1.5 Salient Features of the Constitution of India.

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UNIT-2
2. FUNDAMENTAL RIGHTS –I
2.1 Under Article 12 and Judicial Approach. Meaning of Law under Article 13.
2.2 Right to Equality and Protective Discrimination, Equality of Opportunity in the
matter of Public Employment.
2.3 Freedoms Guaranteed to Citizens of India under Article 19 and reasonable
Restrictions.
2.4 Right against Exploitation, Abolition of Untouchability and titles.
2.5 Right of Self- Incrimination and Principle of Double Jeopardy.
2.6 Constitutional Remedy for the Enforcement of Fundamental Right ( writ remedies
under article 32, distinction from writ under article 226)
UNIT-3
3. FUNDAMENTAL RIGHTS –II
3.1 Right to Life and Personal Liberty, due Process of Law ( Article 21)
3.2 Safeguards against Arbitrary Arrest and Detention.
3.3 Right to Freedom of Religion and Secularism.
3.4 Prohibition of Traffic in Human beings and Forced Labour.
3.5 Prohibition of Employment of Children in Factories Act.
3.6 Right to Education ( Article 21 and Article 21 A and its developments)
Cultural and Educational Right: Articles 29 and 30.
UNIT-4
4. DIRECTIVE PRINCIPLES AND FUNDAMENTAL DUTIES OF THE
STATE:
4.1 Directive Principle: Nature, Ideals, Distinction from Fundamental Right and Inter-
relationship with Fundamental Rights.
4.2 Non – Enforceability of Directive Principles before the Court.
4.3 Classification of Directive Principles, Uniform Civil Code.
4.4 Reading Directive Principles into Fundamental Rights.
4.5 Fundamental Duties.

SUGGESTED READING:
1. Constitution Law of India: D.D. BASU
2. Introduction to the Constitution of India D.D. BASU

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3. Shorter Constitution Law of India: Durga DasBasu
4. Constitution Law of India: V.N.SUKHLA
5. Constitution of India: J.N. PANDEY
6. Constitution Law of India: M.P.JAIN
7. Constitution Law of India (Vol. 1-3): H.M.SEERVAI
8. Constitution Law of India: P.M.BAXI
9. Introduction to the Constitution Law of India: NARENDRA KUMAR

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 CONSTITUTIONAL LAW – PAPER – II (220102)
SYLLABUS:
UNIT-I
1. EXECUTIVE, LEGISLATURE AND JUDICIARY:
1.1 Union Executive: President, Prime Minister, their qualifications, power and
duties, position of the President vis-a-vis Prime Minister
1.2 State Executive: Governor, chief Minister, power, Council of Ministers
1.3 Union Legislature: Composition of parliament, Lok Sabha , Rajya Sabha ,
Qualifications and Disqualifications of the Member of parliament , Schedule X,
Speaker and Dy. Speaker of both Houses and their powers, Procedure for passing
Ordinary Bill & Money Bill, Joint Session of House
1.4 State Legislature: Composition of House, Qualifications and Disqualifications of
MLAs, Legislative Procedure of State Legislature
1.5 Union Judiciary: Supreme Court Judges & Chief Justice: Procedure for
appointment and removal, qualifications, power and Jurisdiction of SC: Original,
Appellate, Advising, Article 141,142.
1.6 State Judiciary: Appointment, Transfer and Removal Procedure of H.C. Judges
and Chief Justice of H.C, Powers and Jurisdiction of HC, Writs, Article 226 and
227 Distinction Between them.
UNIT- 2
2. AMENDMENT OF THE CONSTITUTION:
2.1 Procedure to amend the Constitution under Article 368
2.2 Limited power of the Parliament to amend the provision of the Constitution
2.3 Judicial Pronouncements of the Supreme Court and relevant Constitutional
Amendments
2.4 Doctrine of Basic Structure.
UNIT - 3
3. EMERGENCY PROVISIONS:
3.1 National Emergency: Grounds, Effects of proclamation of Emergency:
Suspension of Fundamental Right during Emergency, Revocation of Emergency
3.2 Emergency due to failure of Constitutional Machinery in states: Grounds
3.3 Report of Sarkaria Commission, Guidelines of S.R. Bommai ’s case
3.4 Financial Emergency.

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UNIT-4
4. MISCELLANEOUS:
4.1 Article 31-B & Schedule IX, Doctrine of Pleasure, Constitutional safeguards to
Civil servants, Attorney General, Advocate General, Chief Election Commission
and Commission, Official Language
4.2 Freedom of Trade, Commerce and Intercourse
4.3 Special provisions relating to Jammu and Kashmir
4.4 Relation between Union and the State: Legislative and Financial, Schedule VII
4.5 Consolidated funds, Contingency Funds, CAG, Public Service Commission

SUGGESTED READING:
1. Constitution Law of India : D.D. BASU
2. Introduction to the Constitution of India D.D Basu
3. Shorter Constitution Law of India :Durga Das Basu
4. Constitution Law of India : V.N.SUKHLA
5. Constitution of India: J.N. PANDEY Constitution Law of India.
6. M.P.JAIN Constitution Law of India (Vol. 1-3)
7. H.M.SEERVAI Constitution Law of India
8. P.M.BAXI Introduction to the Constitution Law of India

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 LAW OF CRIMES – 1 (INDIAN PENAL CODE) (220103)

OBJECTIVE OF THE COURSE:

The Indian society has changed very rapidly since independence. A paper
understanding of crimes, method of controlling them and the socio-economic and political
reason for their existence is now extremely important in the larger context of India's
development. It student are to use their knowledge and skills to build a just and human
society. The curriculum outlined here attempts to bring in these new perspectives.

SYLLABUS:
UNIT-1
1. GENERAL:
1.1 Conception of crime, Stages of Crime, (including Section 511) Mens Rea.
1.2 Applicability of the Indian Penal Code: Intra-Territorial Jurisdiction and Extra-
Territorial Jurisdiction.
1.3 General Explanations: Public Servant, Wrongful Gain, Wrongful Loss, Valuable
Security, Harbour.
1.4 Group Liability
1.4.1 Common Intention
1.4.2 Criminal Conspiracy
1.5 Abetment
UNIT-2
2. PUNISHMENTS:
2.1 Theories of punishment
2.2 Kinds of punishment
2.2.1 Death Sentence: Constitutionality & Judicial Approach
2.2.2 Life Imprisonment
2.2.3 Imprisonment: Simple and Rigorous, Solitary Confinement
2.2.4 Forfeiture of Property
2.2.5 Fine: Rules imposing fine
2.3 Discretion in awarding punishment
UNIT-3
3. GENERAL DEFENCES:
3.1 Mental Incapacity, Minority, involuntary intoxication and Insanity as a defence

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 3.2 Right of Private Defence: Justification and limits
3.3 When private defends extends to causing of death to protect body and property?
3.4 Necessity
3.5 Mistake of facts
UNIT-4
4. OFFENCE RELATING OF PUBLIC TRAN QUALITY:
4.1 Unlawful Assembly
4.2 Rioting
4.3 Affray
4.4 Distinction between Common Object & Common Intention
UNIT-5
5. OFFENCES AGAINST STATE, GIVING OF FALSE EVIDENCE, ETC.:
5.1 Offences against State:
5.1.1 Wagging war against the Government of India etc.
5.1.2 Sedition
5.2 Giving/fabricating false evidence: Offence & Punishment
5.3 Offences relating to election
5.4 Offences by or against Public Servants
UNIT-6
6. OFFENCES AGAINST HUMAN BODY:
6.1 Culpable Homicide
6.2 Murder:
6.2.1 Ingredients and exception
6.2.2 Distinction between Culpable Homicide and Murder
6.3 When Culpable Homicide is Murder?
6.4 Suicide: Attempt punishable as offence & its Constitutionality
6.5 Hurt, Grievous Hurt
6.6 Criminal Force, Wrongful Restraint, Wrongful Confinement
6.7 Kidnapping: Types, Abduction
6.8 Causing death by rash or negligent Act.
6.9 Death caused by consent of the deceased - euthanasia and surgical operation:
Constitutionality

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UNIT-7
7. OFFENCES AGAINST PROPERTY, DEFAMATION & MISCELLANEOUS
OFFENCES:
7.1 Theft & Extortion, Robbery and Dacoity, Distinction between them, receiving and
disposing of stolen Property & other related offences
7.2 Criminal Misappropriation, Criminal Breach of Trust, Mischief
7.3 Cheating: Types, Forgery and Making False documents
7.4 Defamation: Exceptions
7.5 Criminal Intimidation
UNIT-8
8. OFFENCES AGAINST WOMEN:
8.1 Rape: Custodial Rape, Relevancy of Consent,
8.2 Intercourse by man with his wife: When Rape, Un-natural offence
8.3 Dowry Death, Cruelty by Husband or Relatives of Husband
8.4 Offences relating to marriage.
8.5 Outraging modesty and annoyance of woman.

SUGGESTED READING:
1. Kenny's Outlines of Criminal Law - Universal Law Publishing Co.
2. Russell on crime - Universal Law Publishing Co. (2 Volumes)
3. K.D.Gaur, Criminal Law Cases and Materials, Butterworth's, India
4. Ratanlal & Dhirajlal's Indian Penal Code Butterworth's Wadhwa, Nagpur
5. K.D.Gaur, A text Book on the Indian Penal Code, Universal Delhi.
6. P.S.Achuthanpillai, Criminal Law Eastern Book Co.,
7. B.M. Gandhi, Indian Penal Code, Eastern Book Co,

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 LAW OF TORT INCLUDING MOTOR VEHICLE ACCIDENT AND
CONSUMER PROTECTION LAWS (220104)

OBJECTIVE OF THE COURSE:

Writ repaid industrialization, tort action came to use against manufacturers and
industrial unit for products injurious to human beings. Presently the emphasis is on extending
the principles not only to acts, which are harmful, but also to failure to comply with standards
that are continuously changing due to advancement in science and technology. Product
Liability is now assuming a new dimension in developed economics.
In modern era of consumer concern of goods and services, the law of torts has an
added significant whit this forage into the emerging law of consumer protection. It operates
in disputes relating to the quality of goods supplied and services rendered and into those areas
relating to damage suffered by consumers. The law relating to consumer protection, lying
scattered in myriad provisions of various legislation and judicial decisions in India, so
connected with the human right for a healthy life and environment, has now a core subject to
be taught as an indispensable part of a socially relevant curriculum. The provisions of the
Motor Vehicles Act relating to payment of compensation in case of hit and run accident and
compulsory third party insurance are also included in this paper.

SYLLABUS:
UNIT-1
1. GENERAL PRINCIPLE OF TORT:
1.1 Tort: Definition, Distinction from crime, Breach of Contract etc. Nature, Scope
and object of Tort, who may due?who may not be sued?
1.2 Damnum sine Injuria Sine Demnumn.
1.3 Volenti non fit injuria, ubi jus ibiremedium
1.4 Vicarious Liability: Basis, scope, Justification, Different types.
1.5 Extinguishment of Liability in Tort
1.6 Justification in Tort, defences to the defendants
UNIT-2
2. TORTS AGAINST PERSON, PROPERTY, FREEDOM & REPUTATION:
2.1 Trespass to person: Assault, Battery, Mayhem, False Imprisonment.
2.2 Torts affecting Property (Movable & Immovable): Trespass, Trespass ab into
2.3 Torts related to Reputation (Defamation) & personal relations

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 2.4 Torts affecting person &property: Nuisance, Negligence, Fraud
2.5 Third party liability of owner under the Motor Vehicles Act.
UNIT-3
3. PRINCIPLES OF LIABILITY IN TORTS AND LEGAL REMEDIES:
3.1 Principle of strict liability: Ryland V/s. Fletcher case with exceptions
3.2 Principle of Absolute Liability: Bhopal Gas Disaster case and Shree Ram Food
case.
3.3 Remoteness of damage - foresee ability and directness Injunction Specific
restitution of property.
3.4 Extra-legal remedies - self - help, re-entry on land, re-caption of goods, distress
damage feasant.
UNIT-4
4. CONCEPT OF CONSUMER PROTECTION ACT:
4.1 Consumer: Definition.
4.2 Services: Types of services, Deficiency meaning.
4.3 Commercial & Professional Services, Medical Services.
4.4 Denial of Services.
4.5 Consumer Protection Councils.
4.6 Consumer Disputes Redressal Agencies: District Forums, State Commission
&National Commission, Judicial Review.

SUGGESTED READING:
1. Salmond and Heuston - On the Law of Torts (2000) Universal, Delhi.
2. D.D.Basu, The Law of Torts (1982), Kamal, Calcutta.
3. B.M.Gandhi, Law of Tort (1987), Eastern, Lucknow
4. P.S.Achuthan Pillai, The law of Tort (1994) Eastern, Lucknow
5. Ratanlal&Dhirajlal, The Law of Torts (1997), Universal, Delhi. Law 38
6. Winfield and Jolowiz on Tort (1999), Sweet and Maxwell, London.
7. Saraf, D.N., Law of Consumer Preotection in India (1995), Tripathi, Bombay
8. Avtar Singh, The Law of Consumer Protection: Principles and Practice (2000), Eastern
Book Co.,Lucknow
9. J.N.Barowalia, Commentary on Consumer Protection Act 1986 (2000), Universal, Delhi.
10. P.K.Majundar, The Law of Consumer Protection In India (1998), Orient Publishing Co.
New Delhi.

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11. R.M. Vats, Consumer and the Law (1994), Universal, Delhi
12. RatanlalDhirajlal, Law of Torts
13. The Consumer Protection Act. (Bare Act)
14. The Motor Vehicle Act (Bare Act)

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 ENVIRONMENT LAWS (220105)
(Including laws for Protection wild life and other living creatures including animal welfare)

OBJECTIVES OF THE COURSE:

The Environmental law programme, in contrast to other law curricula, has certain
characteristics which make it unique and is one of the best instruments for breaking the ice of
colonial legal education. Its uniqueness lies in the fact that the problems it raises do not relate
merely to specific individuals but about such matters as national development, industrial
policy, policies concerning natural resources, injustice to communities, inter-generational
equity and prevention of pollution. All these issues relate to problematic about construction
of a just, humane and healthy society. Secondly, environmental law necessarily demands an
inter-disciplinary approach. Thirdly, uniqueness of the subject is borne out by the new
epistemological outlook which ecology-related knowledge has brought about in recent times.
The development of ecological knowledge has necessitated an overall change not only in
managerial studies but also in socio-legal explorations. This approach to the growing
dimensions of environmental law is essential.

SYLLABUS:
UNIT - 1
1 ENVIRONMENT & ENVIRONMENTAL POLLUTION:
1.1 Environment: Meaning
1.2 Eco System, Balance of Ecology
1.3 Environment Pollution: Meaning, causes, Factors & Effects of Environmental
Pollution
1.4 Types of Environmental Pollution: Air, Water and Noise Pollution
UNIT - 2
2 ENVIRONMENT PROTECTION: INTERNATIONAL SCENARIO &
CONSTITUTIONAL REMEDIES:
2.1 International Scenario: Stockholm Conference, ‘Rio-de’ jeneario Conference,
Sustainable Development.
2.2 Constitutional perspectives for protection of Environment: Article 21, 48-A,51-
A(g), 32 and 226 42nd Constitutional Amendment
2.3 Constitution of Judiciary in Environment Protection though PILs, relevant
decisions of the Supreme Court

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 2.4 Doctrine of Pubic Trust, Principle of Polluter Pays.
UNIT - 3
3. LEGISLATION FOR THE PROTECTION OF ENVIRONMENT:
3.1 Offences, Remedies and Procedure for prevention of Water Pollution under the
Water (prevention and Control of Pollution) Act, 1974
3.2 Offences, Remedies and Procedure for prevention of Air Pollution under the Air
(prevention and Control of Pollution) Act, 1981
3.3 Noise Pollution: Causes, effects and control measures
3.4 Environment (Protection) Act, 1986: Need to enact this legislation, Powers of the
Central Government, Provisions for Prevention Control and Abatement of
Environment Pollution: Offences & Punishment
3.5 Special provisions relating to Hazardous Process: Chapter IV-A of the Factories
Act, 1948
3.6 Criminal Procedure Code: Public Nuisance – sec.133-143
UNIT 4
4. MISCELLANEOUS:
4.1 Public Liability Insurance Act, 1991: Liabilities of owners, Compulsory Insurance
& Procedure for payment of compensation,
4.2 Wild life (Protection) Act, 1972: Authorities: Hunting of Wild Animals, protected
Areas, Offences
4.3 Forest Act, 1927; Reserved Forests, Centuries, powers of Forest officer
4.4 National Environmental Tribunals Act: Functions, Jurisdiction
4.5 Prevention of Cruelty to the Animals Act: Objects & main features

SUGGESTED READING:
1. The Water (prevention and Control of Pollution) Act, 1974.
2. The Air (prevention and Control of Pollution) Act, 1981.
3. The Environment (Protection) Act, 1986.
4. The National Environmental Tribunals Act, 1995.
5. Public Liability Insurance Act, 1991.
6. The Factories Act -1948.
7. Environmental Law and Policy in India : Armin Rosencranz.
8. Air Pollution and Environment (Protection) Laws: Lel’s Commentaries on Water
Environmental Law in India : Jain and Jain

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9. Environmental Law by Prof. S. C. Shastri, Eastem Book Co.
10. Environmental Law : Sumeet Malik
11. Environmental Law and Policy in India AarminRosencranz et. Al ( eds., )
12. Environmental Law and Policy in India : R.B.Singh& Suresh Misra
13. Environmental Protection Law and Policy in India : Kailash Thakur
14. The Environment Law in India :Leelakrishanan, P.
15. Department of science and Technology, Goverment of India ,Report of the Committee for
recommending legislative Measures and Administrative Machinery For Ensuring
Environmental Protection, (Tiwari Committee Report) India Journal of Public
Administration, Specvil Number on Environment and Administration, July –September,
1988 Vol.,XXXV No.3 PP 353-801 .
16. Centre for Science and Environment . The state of India ’s Environment 1982, the state of
India, Environment 1984-85 and the State of India Environment 1999-2000 .

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 SEMESTER-CUM-CONTINUOUS AND COMPREHENSIVE
EVALUATION (220106)
OBJECTIVES OF THE COURSE:

1. Meaning:
Continuous and Comprehensive Evaluation (CCE) refers to a system of the evaluation of
students that covers all features of students’ development.According to this scheme, the
term `continuous’ is meant to accentuate that evaluation of identified aspects of students’
growth and development is a continuous process rather than an incident, built into the
total teaching-learning process and spread over the whole duration of the academic
session.

1.1 This is the soul of our innovative programme and radically alters the learning
process to the benefit of the students. The result of a single examination does
not determine the fate of the students.

1.2 Examination and evaluation is a continuous and an unburden some exercise.

1.3 The syllabus is distributed over a number of semesters. Grasp and knowledge
of the subject is evaluated in bits continuously and periodically thereby putting
lesser burden on the student as compared to evaluation by one examination at
the end of the session.

1.4 The courses allotted for a particular semester are completed by the end of the
semester and also examined and evaluated simultaneously, thereby reducing
the amount of material to be studied at one time.

2. Aims of Continuous and Comprehensive Evaluation:

The main aim of CCE was to assess every aspect of the student during their
presence at the college.
CCE helps in minimizing the stress on students.
Make assessment comprehensive & regular.
Produce learners with greater skill

3. Objectives of Continuous and Comprehensive Evaluation:

Various are the objectives of Continuous and Comprehensive Evaluation:

It makes the process of teaching and learning a learner-centred activity.

To make the assessment process an essential part of the teaching-learning
process.

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 To make a fair judgment and take timely decisions for learner’s growth,
learning process, learning pace, and learning environment.
To provide scope for learners for self-assessment.
To use the evaluation process for improving students’ achievement through
detection and correction.
4. Mode of evaluation & assessment scheme:
The mode of evaluation is varies depending upon the nature of the subjects
and topics. In general, the following components of evaluation are adopted:
1) Assignments 50 Marks
2) Presentations-Viva-voce 50 Marks

SYLLABUS:
1) Written submission (50 Marks)
Assigned topics from

• Constitutional law – Paper – I

• Constitutional Law – Paper – II

• Law of Crimes – I (Indian Penal Code)

• Law of Torts including M.V. Act and Consumer Protection Act.

• Environment Law

2) Presentations - Viva-voce (50 Marks)

Note: Every students has to appear in all components (i.e. - Assignments

and Presentation-viva)

Page 18 of 102
 Saurashtra University

Syllabus

Semester Two
Course
No. Course Name Marks Credit
Code

1 220201 Law of Contract 100 5

2 220202 Special Contract 100 5

3 220203 Administrative Law 100 5

4 220204 Property Law 100 5

5 220205 Interpretation of Statutes 100 5

Foundation/Soft Skill : Semester-Cum-Continuous

6 220206 100 2
Evaluation

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 LAW OF CONTRACT (220201)

OBJECTIVE OF THE COURSE:

Every man in his day to day life from dawn to dusk makes a variety of contract, Man's
contract making activities increase with the increasing trade, commerce and industry. In a
way living in a modern society would be impossible if the law did not recognize this contract
making power of person. This prompted Roscoe Pound to make his celebrated observation
wealth, in a commercial age, is made up largely of promises. In this sense India is also a
Promissory Society. The conferment and protection by the law of this contract making power
of person gives them a considerable leeway to strike best bargain for the contract making
person. In a way they are permitted to regulate and define their relation in a best possible
manner they chose. However, the contours of contractual relation in a feudal, colonial and
capitalist society of pre-independence India cannot necessarily be the same in a independent
and developing India society. Whatever may be the nature of a given society, the contractual
relation as are obtained in that society, are governed by certain principle which are more or
less of a general and basic nature. India these general principles are enacted in the form of the
Indian Contract Act, 1972.
This course is designed to acquaint a student with the conceptual and operational
parameters of these various general principles of contractual relation. Specific enforcement of
contract is an important aspect of the law of contracts. Analysis of the kinds of contract that
can be specifically enforced and the methods of enforcement forms a significant of this study.

SYLLABUS:
UNIT-1
1. GENERAL PRINCIPLE OF LAW OF CONTRACT:
1.1 Agreement and contract definitions, elements and kinds Proposal, Communication
and revocation - proposal and invitation for proposal - floating offers.
1.2 Acceptance - their various forms, essential elements
1.3 Consideration - is need, meaning, kinds, essential elements
1.4 Capacity to Contract
UNIT-2
2. CAPACITY TO CONTRACT & FREE CONSENT:
2.1 Minor, age of Majority, Nature's of minor's agreement & effects thereof,
Accessories supplied to a minor, Agreement beneficial and detrimental to a minor.

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 2.2 Free consent- its need and definition, Effects of force, coercion & undue influence
on contract.
2.3 Mistake: definition - kinds - fundamental error mistake of law and of fact - their
effects.
2.4 Legality of objects:
2.4.1 Unlawful Agreements: kinds and effects thereof
2.4.2 Void Agreement, Uncertain Agreements, Wagering Agreements, Illegal &
Void Agreements
UNIT-3
3. DISCHARGE OF CONTRACT & QUASI-CONTRACT:
3.1 Various modes of discharge of contract and effect thereof
3.2 Anticipatory Breach of Contract
3.3 Impossibility of performance - specific ground of frustration-application to leases-
leases- theories of frustration-effect of frustration and restitution, by period of
limitation.
3.4 Rescission and alteration - their effect - remission and waiver of performance -
extension of time - accord and satisfaction
3.5 Quasi-contract or certain relation resembling those created by contract, Quantum
Meruit.
UNIT-4
4. SPECIFIC RELIEF ACT:
4.1 Person against whom specific enforcement can be ordered
4.2 Rescission and cancellation
4.3 Injunction: Temporary and Perpetual
4.4 Declaratory orders
4.5 Discretion and power of court

SUGGESTED READING:
1. Beasten (Ed), Anson's Law of Contract, P.S. Atiya,
2. Introduction to the law of Contract (Claredon Law Series) Avtar Singh,
3. Law of Contract, Eastern Law House, Lucknow
4. G.C. Cheshire, and H.S. Fitoot and M.P. Formston Law Contract
5. ELBS with Butterworths. M. Krishnan Nair, Law of Contract,
6. G.H. Trinel, Law of Contract Sweet & Maxwell, R.K.Abichandani (ed),

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7. Pollock and Mulla on the Indian contract and the Specific Relief Act,
8. Butterworths Publication, Benerjee S.C. Law of Specific Relief, Universal Anson,
9. Law of Contract, Universal Dutt on Contract, Universal Anand and Aiyer, Law of
Specific Relief, Universal Law House.

Page 22 of 102
 SPECIAL CONTRACT (220202)

OBJECTIVE OF THE COURSE:

This course is to be taught after the students have been made familiar with the general
principles of contract in which the emphases is on understanding and appreciating the basic
essentials of a valid contract and on the existence of contractual relationship in various
instances. Obviously, a course on special contracts should initiate the students to different
kinds of contracts with emphasis on the intricacies therein.
This course also should provide an insight into the justification for special statutory
provisions for certain kinds of contracts.

SALLYBUS:
UNIT - 1
1. INDEMNITY AND GUARANTEE:
1.1 Indemnity: concept, Need for Indemnity, definition.
1.2 Method of creating Indemnity obligation.
1.3 Commencement, Nature and extent of liability of the Indemnifier.
1.4 Situation of various type of Indemnity creation, Document/ agreement of
Indemnity, Nature of Indemnity clauses
1.5 Guarantee: Concept, essentials for a valid guarantee contract
1.6 Rights & Liabilities of Surety.
UNIT - 2
2. BAILMENT, PLEDGE AND AGENCY:
2.1 Bailment: Essential Features, Rights & duties of Bailor & Bailee
2.2 Pledge: Definition Rights and duties of Pawnee, who can pledge?
2.3 Agency:
2.3.1 Definition, Essentials, kinds of agents, creation of Agency
2.3.2 Relation, Essentials, kinds of agents, creation of Agency
2.3.3 Relation of Principle with Third Parties
2.3.4 Methods of termination of Agency Contract
2.3.5 Liabilities of Principle and Agent before and after termination of Agency
Contract.

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UNIT - 3
3. SALE OF GOODS ACT:
3.1 Contract of sale: Concept, Essentials, Implied Terms
3.2 Rule of Caveat Emptor
3.3 Condition and Warrantees
3.4 Transfer of title and passing of risk
3.5 various rules regarding delivery of goods
3.6 Unpaid Seller and his rights.
UNIT - 4
4. PARTNERSHIP ACT:
4.1 Partnership: Nature, Scope, Definition, Kinds of Partnership
4.2 Rights and duties of Partners, Liabilities of Partners
4.3 Registration of Firm, Effect of non-Registration
4.4 Dissolution of firm and its effects
4.5 Liability of partners under the Limited Liability Partnership Act.

SUGGESTED READING:
1. P.S. Atiya, Introduction to the Law of Contract (Claredon Law Series)
2. Avtar Singh, Law of Contract, Eastern Law House Lucknow
3. G.C. Cheshire, and H.S. Fifoot and M.P. Formston Law Contract ELBS with Butter
worths
4. M.Krishnan Nair, Law of Contract ,
5. G.H.Trinel, Law of Contract Sweet & Maxwell
6. R.K. Abichandani (ed), Pollock and Mulla on the Indian contract and the Specific Relief
Act, Butterworths Publication
7. Benerjee S.C. Law of Specific Relief, Universal
8. Anand and Aiyer, Law of Specific Relief, Universal Law Publication.
9. Pollock and Mulla, Partnership Act, Butterworths Publication
10. Mulla on Sale of Goods Act.

Page 24 of 102
 ADMINISTRATVE LAW (220203)

OBJECTIVE OF THE COURSE:

The modern state governs in the traditional sense, that is maintains law and order,
adjudicates upon dispute and regulates economic and social life of individuals and group in
the state. At the same time, it is also the provider of essential service. In the event of need
occasioned by unforeseen hazard of life in a complex society, it engages itself in giving relief
and helps the citizenry towards self-reliance. The assumption of unprecedented
responsibilities by the state has necessitated devolution on authority of numerous state
functionaries. The number of functionaries in carrying out these tasks has ever been on the
increase due to proliferation of human needs in an age of science and technology. The
aggregated of such functionaries is an essential component of modern administration.
A formidable body of law has come into existence for the purpose of exercising control
over administration. For long administrative lawyers have primarily been concerned with
such matters as excess or abuse of power, Administration and abuse of discretion. However,
in recent years there has been a shift in emphasis from finding what the administration may
not do to what it must do. The courts in India, no doubt, strike down administrative acts
which are ultra-virus or in violation of procedural norms however, not much has so far been
achieved in compelling the administration of perform statutory duties, though a beginning has
been made in respect of matters relating to fundamental human liberties, Most of the statutory
duties imposed on administrative agencies or authorities remain largely in the realm of
discretion.
A course on administrative law must, therefore, lay emphasis on understanding the
structure and modus operandi of administration. It must take note of developmental
perspective and attainment of social welfare objectives through bureaucratic process. It
should go into matter, which facilitate or hinder the attainment of these objectives.
Though in the matter of protection of right of individual against administration the
role of courts cannot be minimized, it is no less important to know the advantages of informal
method of settlement. Many new methods of grievance redressed have been devise which are
not only efficacious but also inexpensive and less time consuming. Remedies available for
administrative deviance need a critical study and evaluation in the context of realities.

Page 25 of 102
SYLLABUS:

UNIT – 1
1. INTRODUCTION AND BASIC CONSTITUTIONAL PRINCIPLE:
1.1 Administrative law : Definition, Nature, Scope Reasons for its growth
1.2 Development of Administrative Law, its relation with Constitutional law
1.3 Basic Constitutional Principles :
1.3.1 Rule of Law
1.3.2 Doctrine of Separation of Power
1.3.3 Principles of Natural Justice, relevant statutory provisions, Natural Justice
Principles as accepted in India, Judicial approach and important cases
1.4 Classification of Administration actions, Administrative functions, Judicial
Functional and Quasi-Judicial functions.
UNIT – 2
2. DELEGATED LEGISLATION AND QUASI-JUDICIAL FUNCTION:
2.1 Delegated Legislation: Definition, Reasons of its growth
2.2 Delegated Legislation in USA and in India
2.3 Functions which can be and cannot be delegated, Conditional Legislation, Sub-
delegation, General Principles for delegated legislation
2.4 Controls and Safeguards over delegated Legislation: Purpose
2.5 Judicial, Legislative and other controls over delegated Legislation
2.6 Quasi-judicial function: Definition, distinction from Administrative functions
UNIT – 3
3. JUDICIAL REVIEW OF ADMINISTRATIVE DISCRETION AND
REMEDIES:
3.1 Administrative Discretion, judicial review definition
3.2 Judicial review of Administrative Discretion
3.2.1 Failure to exercise discretion
3.2.2 Excess or abuse of discretion
3.3 Judicial and other remedies:
3.3.1 Writ remedies, Kinds of writ, jurisdiction, powers, against whom writ to be
issued, relevant constitutional provisions
3.3.2 Statutory remedies: Civil Suits, Appeals to Courts, Appeal to tribunals,
Appeal before the Supreme Courts, SLP, Public Interest Litigation.

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 3.3.3 Other remedies like Council de Etat, Ombudsman, Lokpal & Lokayukt, self-
help etc.
3.4 Administrative Tribunal: Definition, Origin, Nature, Scope, reasons for its growth
3.5 Characteristics of Administrative Tribunals, Distinction from courts, Kinds of
Administrative Tribunals, relevant Constitutional provisions and amendments-
effects thereof, Important judicial pronouncements: Case of Sampat Kumar,
L.Chandrakumar.
UNIT – 4
4. MISCELLANEOUS:
4.1 Liability of the Government
4.1.1 Contractual Liability
4.1.2 Tortuous liability, Doctrine of Estoppel, Crown Privilege
4.2 Public Corporation: Definition, Characteristics, Control over public Corporations
4.3 Right and Liabilities of Public Corporations, Control over public Corporations
4.4 Vigilance Commission,
4.5 Doctrine of Legitimate Expectation, Doctrine of Unjust Enrichment

SUGGESTED READING:
1. U.P.D.kesri, Administrative Law ,20 Edn.2008,CPL ,Allahabad.
2. S.P.Santhe , Administrative Law ,ALAP ,Allahabad.
3. Kailash Rai ,ALAP ,Allahabad.
4. Dr.G.S.Sharma ,Administrative Law ,UBH ,Jaipur
5. Molan,Text Book Administrative Law ,3rdEdn.
6. Barett ,Constitutional and Administrative Law ,4 Edn.

Page 27 of 102
 PROPERTY LAW (220204)

OBJECTIVES OF THE COURSE:

The Course on Property Conventionally Deals with The Transfer of Property Act,
1882. More Than A Century Has Elapsed Since The Passing Of The Act And Far-Reaching
Changes Have Occurred In The Field In Property Laws Owing To Altered Social Condition.
While Archaic Feudal Rules Enacted by The Colonial Administration Like the Rule Against
Perpetuities Find A Place in The Act, The Post, Independence Development Relating to
Control and Use of Agricultural Land Do Not Find A Place. The Obsolescence of The
Transfer of Property Act Can Be Best Illustrated by Citing the Provision Relating to Leases
Of immovable Properties.

SYLLABUS:
UNIT - 1
1. GENERAL PRINCIPLES OF TRANSFER OF PROPERTY:
1.1 Kinds of property: Movable Immovable, Tangible and non-tangible Property,
Intellectual Property.
1.2 Which properties may be transferred? – Competency of person to Transfer:
Transfer for the benefit of unborn child
1.3 Rule against perpetuity
1.4 Vested Interest and Contingent Interest.
UNIT - 2
2. DOCTRINE OF ELECTION:
2.1 Lis Pendens: Principal, Salient Features, application in India, Essential
requirements, Exceptions
2.2 Fraudulent Transfer: Essential Requirements, Exceptions
2.3 Doctrine of Part-n performance: Essentials and Exceptions
UNIT - 3
3. SPECIFIC TRANSFERS:
3.1 Sale: Essentials, Rights & Liabilities of Buyer and seller.
3.2 Mortgage & Charge: Definition, Kinds of Mortgage, Rights and Seller Mortgager
– Mortgagee, Redemption – Clog on Redemption
3.3 Lease: Definition, Essentials, Rights& Liabilities of Lessor and Lessee

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 3.4 Gift: Definition, Essentials, Rights & Liabilities of Gift, Onerous Gifts, universal
Donee, Exchange: Definition & Features
3.5 Actionable Claim: Definition & transfer of Actionable Claims
UNIT - 4
4. EASEMENTS:
4.1 Easements: Meaning, Nature, Essentials and Characteristics
4.2 Kinds of Easements, Incidents of Easements, Creation of easement
4.3 Various Easementary Rights: Right of Air, Right of support, Right of water etc.
4.4 Extinction, Suspension and Revival of Easements,
4.5 Licences: Meaning, elements, Grant and Revocation of Licences

SUGGESTED READING:
1. Mulla, Transfer of Property Act, Universal, Delhi.
2. Subbarao, Transfer of Property ACT,
3. B.Sivaramayya,The equalities and the Law, Easten Book Co., Lucknow.
4. P.C.Sen. The General Principal of Hindu, Jurisprudence (reprint) Allahabad Law Agency.
V.P. Sarthy, Transfer of Property, Eastern Book Company, Lucknow,
5. Vepa P. Sarathi : Law of Transfer of Property, Eastern Book Company
6. T.R. Desai : The Indian Easements Act, 1982 B.B. Katiyar :Easements and Licences,
Universal Law Publishing Co.

Page 29 of 102
 INTERPRETATION OF STATUTES (220205)

OBJECTIVE OF THE COURSE:

Interpretation of statute became a method by which judiciary explores the
intention behind the statutes. Judicial interpretation involves construction of words, phrases
and expressions. In their attempt to make the old existing statutes contextually relevant, court
used to develop certain rules, doctrines and principal of interpretation. Judiciary plays a
highly creative role in this respect. What are the techniques adopted by court in construing
statutes? How are they successful in their strategy?

SYLLABUS
UNIT - 1
1. GENERAL RULES OF STATUTORY INTERPRETATION
1.1 Meaning of the term Statute
1.2 Commencement, operation and repeal of statute
1.3 Purpose and importance of interpretation of statutes
1.4 Meanings: interpretation and construction
1.5 Rules of statutory interpretation
1.5.1 Primary rules
1.5.2 Literal rules
1.5.3 Golden rules
1.5.4 Mischief rules (Rule in Heydon’s case)
1.5.5 Rules of harmonious construction.
1.5.6 Secondary rules
Noscitur a social
Ejusdem generis
Redden do singular singles
UNIT - 2
2. AIDS TO INTERPRETATION
2.1 Internal aids
2.1.1 Title, preamble, heading and marginal notes
2.1.2 Sections and sub section, punctuation marks
2.1.3 Illustration, exception, provision and saving clauses
2.1.4 Schedules, Non – Obstante Clause

Page 30 of 102
 2.2 External aids
2.2.1 Dictionaries
2.2.2 Translations.
2.2.3 Travaux Preparations
2.2.4 Statutes in pair materials
2.2.5 Contemporanea Exposito
2.2.6 Debates, Inquiry Commission Report and Law Commission Reports.
UNIT - 3
3. PRESUMPTIONS IN STATUTORY INTERPRETATION
3.1 Statutes are valid
3.2 Statutes are territorial in operation
3.3 Presumption as to jurisdiction
3.4 Presumption against what is inconvenient or absurd
3.5 Presumption against Intending Injustice
3.6 Presumption against Impairing Obligations or Permitting Advantage from One’s
own Wrong
3.7 Prospective operation of statutes
UNIT - 4
4. INTERPRETATION WITH REFERENCE TO THE SUBJECT MATTER AND
PURPOSE AND PRINCIPLES OF CONSTITUTIONAL INTERPRETATION
4.1 Interpretation with Reference to the subject Matter and Purpose
4.2 Restrictive and beneficial construction
4.3 Taxing statutes
4.4 Penal statutes
4.5 Principle of constitutional Interpretation

4.5.1 Harmonious construction

4.5.2 Doctrine of pith and substance
4.5.3 Doctrine of Repugnancy
4.5.4 Prospective overruling
4.5.5 Doctrine of eclipse

SUGGESTED READING
1. G.P.Singh, Principle of statutory interpretation, wadhwa, Nagpur.

Page 31 of 102
2. P.st.langan(Ed.),Maxwell on the interpretation of statutes, N.M.Tripathi, Bombay
3. K.Shanmukham,N.S.Binclras interpretation of statutes, the law book compay Allahabad
4. V.Shastri interpretation of Statutes ,Eastern, Luchnow
5. M.P.Jain, Constitution law of india, wadhva and co.
6. M.P.Singh (Ed.)V.N.Shukla constitution of india, Eastern, Luchnow
7. U.Baxi , Introduction to justice K.K. Mathew Democracy Equality and freedom.

Page 32 of 102
 SEMESTER-CUM-CONTINUOUS AND COMPREHENSIVE
EVALUATION (220206)
OBJECTIVES OF THE COURSE:

1. Meaning:
Continuous and Comprehensive Evaluation (CCE) refers to a system of the evaluation of
students that covers all features of students’ development.According to this scheme, the
term `continuous’ is meant to accentuate that evaluation of identified aspects of students’
growth and development is a continuous process rather than an incident, built into the
total teaching-learning process and spread over the whole duration of the academic
session.

1.1 This is the soul of our innovative programme and radically alters the learning
process to the benefit of the students. The result of a single examination does
not determine the fate of the students.

1.2 Examination and evaluation is a continuous and an unburden some exercise.

1.3 The syllabus is distributed over a number of semesters. Grasp and knowledge
of the subject is evaluated in bits continuously and periodically thereby putting
lesser burden on the student as compared to evaluation by one examination at
the end of the session.

1.4 The courses allotted for a particular semester are completed by the end of the
semester and also examined and evaluated simultaneously, thereby reducing
the amount of material to be studied at one time.

2. Aims of Continuous and Comprehensive Evaluation:

The main aim of CCE was to assess every aspect of the student during their
presence at the college.
CCE helps in minimizing the stress on students.
Make assessment comprehensive & regular.
Produce learners with greater skill

3. Objectives of Continuous and Comprehensive Evaluation:

Various are the objectives of Continuous and Comprehensive Evaluation:

It makes the process of teaching and learning a learner-centred activity.

To make the assessment process an essential part of the teaching-learning
process.

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 To make a fair judgment and take timely decisions for learner’s growth,
learning process, learning pace, and learning environment.
To provide scope for learners for self-assessment.
To use the evaluation process for improving students’ achievement through
detection and correction.
4. Mode of evaluation & assessment scheme:
The mode of evaluation is varies depending upon the nature of the subjects
and topics. In general, the following components of evaluation are adopted:
1) Assignments 50 Marks
2) Presentations-Viva-voce 50 Marks

SYLLABUS:
1) Written submission (50 Marks)
Assigned topics from

• Law of Contract

• Special Contract

• Administrative Law

• Property Law

• Interpretation of Statutes

2) Presentations - Viva-voce (50 Marks)

Note: Every students has to appear in all components (i.e. - Assignments

and Presentation-viva)

Page 34 of 102
 Saurashtra University

Syllabus

Semester Three
Course
No. Course Name Marks Credit
Code

1 220301 Labour and Industrial Law – I 100 5

2 220302 Labour and Industrial Law – II 100 5

3 220303 Principles of Taxation Laws 100 5

4 220304 Principal of Banking Laws 100 5

5 220305 Information Technology Laws and Cyber Crimes 100 5

Foundation/Soft Skill : Semester-Cum-Continuous

6 220306 100 2
Evaluation

Page 35 of 102
 LABOUR AND INDUSTRIAL LAW-I (220301)
OBJECTIVE OF THE COURSE:
Protection of labour a constitutional mandate. A constitutional inspire by the vision of
social justice is committed to the cause of upliftment of labour. Well balanced industrial
development leads to increased productivity which in turn is factor of national progress.
Labour makes significant contribution in this respect.
Is labour merely a commodity? Is it only a factor in production? There may be
different approaches towards this question. One fact is certain. Today’s labour is engaged in a
battle for position of honour and status equal with managements. The law and practice
relating to labour is the story of this battle. In this context, the study of labour law is not to be
confined to mastering of the rules and regulations is relating to the employment of the work
force. Its wings speared wider. It has aim on the societal impulses on, and state reactions to
the complex social-economic, human and political problems arising out of the constant
conflicts between different classes.
The student should get an insight into the mechanics of socio-legal control of labour
relations and should be aware of the history, the present norms, the emerging areas and
possible future techniques of labour jurisprudents.
SYLLABUS:
UNIT – 1
1. THE INDUSTRIAL DISPUTES ACT, 1947
1.1 Scope, objective and main features of the Act, Definition: Industry, Industrial
Dispute (Individual and collective), Workmen etc. and judicial pronouncement.
1.2 Authorities under the Act: Works committee, conciliation, courts of inquiry,
labour court, Tribunal
1.3 Procedure, powers and duties of the Authorities
1.4 Strikes and Lock- outs, lay-off and Retrenchment
1.5 Unfair labour practices
UNIT – 2
2. THE INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946
2.1 Application of the Act
2.2 Standing orders. Model standing orders,
2.3 Certification and cancellation of standing orders
2.4 Provisions of Appeal

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 2.5 Disciplinary procedures: Departmental enquiries
UNIT – 3
3. TRADE UNIONS ACT, 1926
3.1 History and development of trade unionism in India
3.2 Registration of trade union: procedure
3.3 Rights and Liabilities of registered trade unions
UNIT – 4
4. GUJARAT INDUSTRIAL RELATIONS ACT (FORMER BIR ACT) &
COLLECTIVE BARGAINING.
4.1 Important definitions: Industry, Workmen, Employee, Wage Board,
4.2 Classification of unions: Primary union, qualified union, representative union
4.3 Right, duties and privileges of the representative union
4.4 Notice of change
4.5 Concept and importance of principle of collective bargaining

SUGGESTED READING:
1. Srivastava K.D. Commentaries on payment of wages Act, 1936, Eastern book, Lucknow.
2. Srivastava K.D. Commentaries on minimum wages Act, 1948 Eastern book, Lucknow.
3. Rao S.B.Law and practice on minimum wages, law publishing House, Allahabad.
4. Sheth D.D. commentaries on industrial dispute Act, 1947, law publishing house,
Allahabad.
5. Srivastava K.D. commentaries on factories Act, 1948, Eastern, Lucknow.
6. R.C.Saxena, Labour problems and social welfare chapter 1.5 and V.V.Giri, labour
problems in Indian Industry cha.1 and 15
7. Indian Law institute, labour law and labour relation, Cochin University law review. Vol.6
app. 15-210
8. Report of the national commission on labour ch.14-17, 22, 23 aand 24
9. O.P.Malhotra, The law of industrial dispute, universal, Delhi.
10. S.C. Srivastava, social security and labour laws, universal, Delhi
11. S.C. Srivastava, Commentary on the factories Act, 1948 universal, Delhi

Page 37 of 102
 LABOUR & INDUSTRIAL LAW –II (220302)

OBJECTIVE OF THE COURSE:

Protection of labour a constitutional mandate. A constitutional inspire by the vision of
social justice is committed to the cause of upliftment of labour. Well balanced industrial
development leads to increased productivity which in turn is factor of national progress.
Labour makes significant contribution this respect.
Is labour merely a commodity? Is it only a factor in production? There may be
different approaches towards this question. One fact is certain. Today’s labour is engaged in a
battle for position of honour and status equal with managements. The law and practice
relating to labour is the story of this battle. In this context, the study of labour law is not to be
confined to mastering of the rules and regulations is relating to the employment of the work
force. Its wings speared wider. It has aim on the societal impulses on, and state reactions to
the complex social-economic, human and political problems arising out of the constant
conflicts between different classes.
The student should get an insight into the mechanics of socio-legal control of labour
relations and should be aware of the history, the present norms, the emerging areas and
possible future techniques of labour jurisprudents.
SYLLABUS:
UNIT - 1
1. PAYMENT OF WAGES ACT AND PAYMENT OF BONUS ACT:
1.1 PAYMENT OF WAGES ACT
1.1.1 Application and concept of Wages
1.1.2 Important Definitions: Wages, Workman etc.
1.1.3 Liabilities of employer for payment of wages
1.1.4 Authorized and Unauthorized Deductions
1.1.5 Remedies against unauthorized deductions (u/s.15)
1.2 PAYMENT OF BONUS ACT
1.2.1 Application and concept of Bonus
1.2.2 Important Definitions : Bonus, Employees, continuous Services
1.2.3 Calculation of Bonus : Available surplus and allocable surplus
1.2.4 Provisions for new establishments relating to calculation of Bonus,
Calculation of Bonus : Available surplus and allocable surplus

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 1.2.5 Minimum Bonus & Maximum Bonus, Qualifications& Disqualifications
for Bonus, Recovery of Bonus.
UNIT - 2
2. FACTORIES ACT, 1948 :
2.1 Application of the Act , Important Definitions : Factory , Worker, Manufacturing
Process
2.1.1 Provisions relating to adolescent and women
2.1.2 Provisions relating to working hours for adult workers, woman and
adolescent
2.2 Provisions relating to Health of Workers
2.3 Provisions relating to safety and Welfare of Workers
2.4 Special Provisions relating to Hazardous Process (Chapter IV-A) & provisions
relating to leave with wages
2.5 Authorities under the Factories Act
UNIT - 3
3. MINIMUM WAGES ACT AND EMPLOYEES’ STATE INSURANCE ACT:
3.1 MINIMUM WAGES ACT
3.1.1 Aims and Objects.
3.1.2 Different concept of Wages.
3.1.3 Fixing of minimum rates of wages.
3.1.4 Minimum rates of wages.
3.1.5 Procedure for fixing and revising minimum wages.
3.2 EMPLOYEES’ STATE INSURANCE ACT
3.2.1 Application and coverage of Act
3.2.2 Important Definitions: Workmen, Benefit Period, Contribution Period,
Wages, Employer.
UNIT - 4
4. PAYMENT OF GRATUITY ACT AND EMPLOYEES’ PROVIDENT FUNDS
ACT:
4.1 PAYMENT OF GRATUITY ACT
4.1.1 Application and coverage of Act
4.1.2 Important Definitions: Wages, Employees, Continuous Service
4.1.3 Qualifications and Disqualifications of Gratuity
4.1.4 Formula for calculation of Gratuity and related judicial Pronouncements

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 4.1.5 Recovery of Gratuity and authorities under the Act
4.2 EMPLOYEES’ PROVIDENT FUNDS ACT
4.2.1 Employees’ Provident Fund Scheme
4.2.2 Employees’ Provident Fund Authorities
4.2.3 Miscellaneous

SUGGESTED READING
1. John Bowers and Simon Honey ball, Text Book on Law, Blackstone, London.
2. Srivastava K.D., Commentaries on payment of Wages Act, 1936Eastern Lucknow.
3. Srivastava K.D., Commentaries on Minimum Wages Act, 1948, Easteron, Lucknow.
4. Rao S.B., Law and Practice on Minimum Wages, Law Publishing House, Allahabad.
5. Sheth D.D., Commentaries on industrial Disputes Act, 1947, Law Publishing House,
Allahabad.
6. Srivastava K.D., Disciplinary action against Industrial Employees and its remedies,
Eastern, Lucknow.
7. R.C.Saxena, Labour Problems and Social Welfare
8. V. V.Giri, Labour Problems in Industry Ch. 1 and 15
9. India Law Institute, Labour Law and Labour Relation, Cochin University law Review,
Vol. 6 app. 153-210
10. Report of the National Commission Labour Ch. 14-17, 22-23, and 24
11. O. P. Malhotra, The Law of Industrial Dipure, Universal Delhi
12. S. C. Srivastva , Social Seciurity and Labour Laws Pts. 5 and 6, Universal Delhi
13. S. C. Srivastva , Commentary on the Factories Act, 1948, Universal, Delhi

Page 40 of 102
 PRINCIPLES OF TAXATION LAWS (220303)

OBJECTIVE OF THE COURSE:

Power to tax has been described as the power to destroy. This idea is being floated
often whenever the state introduces a new tax is not necessary that in order to raise revenue
and place the economy on solid foundation, the taxing power should be confirmed on the
state.
The power to tax shall not go unregulated. In the context of a federal structure the
distribution of the taxing powers assumes added significance. Obviously, a study of the
constitutional frame work on taxation becomes important. Along with this, an analysis of the
different laws enacted in exercise of these powers with their safeguards and remedies sheds
light on the mechanics of the taxation by the union and the states.

SYLLABUS:
UNIT - 1
1. BASIC CONCEPTS EXTENT AND COMMENCEMENT
1.1 Person-Residential status and tax planning
1.2 Computation of total income
1.3 Income which do not form part of total income
1.4 Deduction to be mad in computing total income
1.5 Income forming part of total income on which no income tax is payable.
UNIT - 2
2. HEADS OF INCOME TAX
2.1 Salary
2.2 Income from House Property
2.3 Profits and gains of business or profession-Depreciation allowance and
development –rebate
2.4 Capital gains
2.5 Agricultural and non-agricultural Income.
UNIT - 3
3. MISCELLANEOUS
3.1 Income From Other Sources
3.2 Set off and carry forward of losses
3.3 Procedure for assessment-Rebate and relief-Collection recovery and refund of tax

Page 41 of 102
 3.4 Income Tax Authorities
3.5 Appellate tribunal reference to high court
3.6 Penalty and prosecution.
UNIT - 4
4. GOODS AND SERVICE TAX
4.1 GST in India : Concept, Nature and Features of GST
4.2 Need & Benefits of GST
4.3 Relevant Definitions
4.4 Constitutional Validity of GST
4.5 Taxes subsumed in GST
4.6 Incidence of Tax
4.7 Basic Concepts – Supply, Composite and Mixed supplies, Charge of tax
4.8 GST Council

SUGGESTED READING:
1. Law of Taxation –Taxman
2. Law of Taxation - Dr. Myneni
3. Law of income tax -V.K.Sushakumari
4. Income Tax Law –Dutta
5. Income Tax Act -O.C.Tandon
6. Law of Income Tax -Kailash Rai
7. Poddar Avinash S : Glimpses of GST , CCH India – A Wolter Kluwer Business
8. Batra Ashok, GST Law and Practice, CCH India– A Wolter Kluwer Business
9. Datey V S, GST Ready Reckoner, Taxmann
10. Mohan Rajat Illustrative Guide to GST, Bharat Law House
11. Poddar Avinash S., Desai Mehul P., GST GST Saral Samjuti, SBD Publication,
Ahmadabad

Page 42 of 102
 PRINCIPAL OF BANKING LAWS (220304)

OBJECTIVE OF THE COURSE:

The modern society functions , contrary to the old better system, on monetary
transactions, In a developing country like India ,the banking system takes off becomes quite
common even among the common people . The services banks render to the general public do
have a significant contribution to the development of the economy can pass, the security to
the asset’s money as well as other valuable belonging to individuals and family units is to a
large extent assured through the service of the bank. The variety of assistance tended by the
banks to the common people and business community cannot be over emphasized in this
context. The process of the working of the banks and the legal control over them as well as
the protection to the consumers of banking services are areas which a student of law is
necessarily familiar with.

SYLLABUS:
UNIT-1
1. ORIGIN AND DEVELOPMENT OF BANKING SYSTEM:
1.1 Evolution of Banking Institutions, Origin of Word Bank.
1.2 Development of British Banking and Banking System in India.
1.3 Types of Banks in India Nationalised Banks, Co- Operative Banks, Multi-
Functional Banks etc. and their Functions.
1.4 Reserve Bank of India and its Functions. Role of RBI AS Central Bank.
UNIT-2
2. CONSTITUTIONAL PERSPECTIVES AND REGULATION OF BANKS AND
BANKING BUSINESS IN INDIA:
2.1 Constitutional Perspectives Relating to Banking Laws : Entries
:36,37,38,43,44,45,46 of List- I of the Schedule VII, Entry 30 of List II of
Schedule VII of the Constitution of India.
2.2 Bankers Books Evidence Act : Main Provisions
2.3 Banking Ombudsman System of Disputes and Complaints Relating to Banking
Services.
2.4 Main Provisions of Banking Regulation Act, 1949:
2.4.1 Regulation of Banking Companies.
2.4.2 Suspension and Winding up of Banking Companies.

Page 43 of 102
UNIT-3
3. RECOVERY OF DEBT DUE TO BANKS AND OTHER FINANCIAL
INSTITUTIONS:
3.1 Recovery of Debt due to Banks and Other Financial Institution Act.
3.1.1 Amount of Debt, who can Initiate Litigation.
3.1.2 Procedure to Recover Debt under the Act.
3.1.3 Debt Recovery Tribunal: Constitution, Powers and Jurisdiction.
3.1.4 Power of the Recovery Officer.
3.1.5 Provision of Appeal.
3.2 Securitisation and reconstruction of financial assets and enforcement of security
interest (sarfaesi) act ,2002
3.2.1 Object and Reasons of the Act.
3.2.2 Main Provisions of the Act.
3.2.3 Issues Covered under the Act.
UNIT-4
4. NEGOTIABLE INSTRUMENT ACT.

SUGGESTED READING:
1. Recovery of Debt due to Bankers and Financial
2. Institution Act, 1993 Asia Law House Ltd.
3. Banking Regulation Act,1949
4. Reserve Bank of India ,1935
5. Securitisation and Reconstruction of Financial Asset and Enforcement of Security Interest
(SARFAESI) Act.
6. M.L.Tannen, Tannens Banking Law and Practice in India, India Law House, New Delhi.
7. S.N.Gupta, The Banking Law in Theory and Practice, Universal, New Delhi.
8. Negotiable Instrument Act.

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 INFORMATION TECHNOLOGY LAWS AND CYBER CRIMES
(220305)

OBJECTIVE OF THE COURSE:

The technological revolution in the field of communication has brought out
revolutionary changes in the mode of carrying out business and commerce. The exchange of
physical documents is no longer necessary for carrying out business transactions. The
electronic commerce is the new buzzword in both national and international trade. Electronic
commerce involves carrying out business transitive by means of electronic data interchange
and other means of electronic communication involving the use of alternatives to paper-based
methods of communication and storage of information. The international trade is growing at a
vast pace and the whole has become almost a global village. The World Trade Organization
(WTO) has further contributed towards the blast growth in trade, commerce and other field
amongst different countries of the world.
The general assembly of the United Nations, recognizing this fast also resolved on
30.01.1997, to adopt a model law on electronic framed by United Nations Commission of
International Trade Law. The resolution recommends that all stares give favourable
consideration to the said model law when they communicate or revise their laws in view of
the need of uniformity in the law application to alternatives to paper based methods of
communication and storage of information.
The Government of India, keeping in view the above facts, got enacted by Parliament
the Information Technology Act, 2000.
Post 2000, after the promulgation of cyber laws by Government of India in the form
of Information Technology Act, 2000 along with allied Rules, the issue of E-commerce,
Online contracting, cybercrime like hacking, phishing, data theft, identity theft, source code
theft cloning, stalking cyber terrorism, cyber defamation etc. have become common. There
should be effective enforcement of laws to protect, preserve, promote and regulate cyber
security in the context of use of computers, computer systems. Computer networks, computer
resources as also communication devices and to ensure fair usage.
To prevent and protect common people from cyber-crimes Government has started
initiatives like cyber suraksha kavach, awareness programme etc.

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SYLLABUS:
UNIT – 1
1. INTRODUCTION OF INFORMATION TECHNOLOGY AND CYBER LAW
1. Evolution of the Information Technology Act, Genesis and Necessity.
1.1 International Perspective.
1.2 History of Cyber law in India.
2 Salient features of the Information Technology Act, 2000.
2.1 Various concepts (Definitions)
3 Digital Signature
4 Electronic Governance.
5 Attribution, Acknowledgement and Despatch of Electronic Records.
6 Secure Electronic Records and Secure Digital Signatures.
UNIT – 2
2. KEY ASPECTS OF INFORMATION TECHNOLOGY ACT
1. The Cyber Regulations Appellate Tribunal
2. Regulation of Certifying Authorities
3. Digital Signature Certificates
4. Duties of Subscribers
5. Network Service providers not to be liable in certain cases.

UNIT – 3
3. IMPACT OF IMPORTANT AMENDMENTS & RULES UNDER INFORMATION
TECHNOLOGY ACT
1. Impact of other related Acts (Amendments)
1.1 Amendments to Indian Penal Code.
1.2 Amendments to Criminal Procedure Code.
1.3 Amendments to Indian Evidence Act.
1.4 Amendments to Bankers Books Evidence Act.
1.5 Amendments to Reserve Bank of India Act.
2 The Information Technology (Certifying Authorities) rules, 2001.
3 The Cyber Regulations appellate Tribunals (Procedure) rules, 2000.
4 The Information Technology (Certifying Authorities) regulations, 2001
5 The Cyber regulations appellate tribunal (Procedure for investigation of misbehaviour
of incapacity of presiding officer) Rules, 2003.

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 6 The Information Technology (Qualification and Experience of Adjudicating officers
and manner of holding enquiry) Rules, 2003.
6.1 Performa for complain to the adjudicating officer.
7 The Information Technology (use of electronic record and digital signatures)Rules,
2004
8 The Information Technology (Security procedure) Rules, 2004.
9 Information Technology (Reasonable security practices and procedures and sensitive
personal data or information) Rules, 2011.
10 The Information Technology (Intermediary Guidelines and Digital Media Ethics
Code) Rules, 2021
UNIT – 4
4. CYBER OFFENCES, PENALTIES AND ADJUDICATION
1. Introduction of Cyber crimes, meaning, definition, nature of cyber crimes.
2. Cyber Crimes
2.1 Malicious Code
2.2 Web Hacking
2.3 Email Hacking
2.4 Cyber Stalking
2.5 Cyber Terrorism
2.6 Pornography
2.7 Cyber Bullying
2.8 Social Media related cyber crimes
2.9 Financial Cyber Crimes
3. Cyber Crimes Investigation
3.1 Basic Investigation Techniques
3.1.1. Digital Evidence
3.1.2 Collection
3.1.3 Preservation
3.1.4 Admissibility in court
3.2 Setting up cyber crime investigation cell.
3.3 Government Initiatives and Future Challenges.
3.3.1 Artificial intelligence
3.3.2 Internet of Things (IoT)
3.3.3 Blockchain

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SUGGESTED READING:
1. Raj, Niharikia, Law & Technology, Universal Law Publishing.
2. Information Technology Act, 2000.
3. Jain, P.K., Computer for Law Students, Scientific Publisher, Jodhpur.
www.prsindia.org

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 SEMESTER-CUM-CONTINUOUS AND COMPREHENSIVE
EVALUATION (220306)
OBJECTIVES OF THE COURSE:
1. Meaning:
Continuous and Comprehensive Evaluation (CCE) refers to a system of the evaluation of
students that covers all features of students’ development.According to this scheme, the
term `continuous’ is meant to accentuate that evaluation of identified aspects of students’
growth and development is a continuous process rather than an incident, built into the
total teaching-learning process and spread over the whole duration of the academic
session.

1.1 This is the soul of our innovative programme and radically alters the learning
process to the benefit of the students. The result of a single examination does
not determine the fate of the students.

1.2 Examination and evaluation is a continuous and an unburden some exercise.

1.3 The syllabus is distributed over a number of semesters. Grasp and knowledge
of the subject is evaluated in bits continuously and periodically thereby putting
lesser burden on the student as compared to evaluation by one examination at
the end of the session.

1.4 The courses allotted for a particular semester are completed by the end of the
semester and also examined and evaluated simultaneously, thereby reducing
the amount of material to be studied at one time.

2. Aims of Continuous and Comprehensive Evaluation:

The main aim of CCE was to assess every aspect of the student during their
presence at the college.
CCE helps in minimizing the stress on students.
Make assessment comprehensive & regular.
Produce learners with greater skill

3. Objectives of Continuous and Comprehensive Evaluation:

Various are the objectives of Continuous and Comprehensive Evaluation:

It makes the process of teaching and learning a learner-centred activity.

To make the assessment process an essential part of the teaching-learning
process.

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 To make a fair judgment and take timely decisions for learner’s growth,
learning process, learning pace, and learning environment.
To provide scope for learners for self-assessment.
To use the evaluation process for improving students’ achievement through
detection and correction.
4. Mode of evaluation & assessment scheme:
The mode of evaluation is varies depending upon the nature of the subjects
and topics. In general, the following components of evaluation are adopted:
1) Assignments 50 Marks
2) Presentations-Viva-voce 50 Marks

SYLLABUS:
1) Written submission (50 Marks)
Assigned topics from

• Labour and Industrial Law – I

• Labour and Industrial Law – II

• Principles of Taxation Laws

• Principal of Banking Laws

• Information Technology Laws and Cyber Crimes

2) Presentations - Viva-voce (50 Marks)

Note: Every students has to appear in all components (i.e. - Assignments

and Presentation-viva)

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 Saurashtra University

Syllabus

Semester Four
Course
No. Course Name Marks Credit
Code

1 220401 Family Law – I 100 5

2 220402 Family Law – II 100 5

3 220403 Jurisprudence 100 5

4 220404 Company Law 100 5

5 220405 Human Rights Law and Practice 100 5

Foundation/Soft Skill : Semester-Cum-Continuous

6 220406 100 2
Evaluation

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 FAMILY LAW–I (220401)
OBJECTIVE OF THE COURSE:

The course structure is designed mainly with three objectives in view. One is to
provide adequate sociological perspective so that the basic concept relating to family is
expanded in their social setting. The next objective is to give as overview of some of the
current problem assign out of the foundational inequalities with large in the various family
concepts. The third objective is to view family law not merely as a separate system of
personal law based upon religions but as the one cutting across the religious lines and
eventually enabling us fulfill the constitutional directive of uniform civil code. Such
restricting makes the study of familial relations mare more meaningful.

SYLLABUS:
UNIT – 1
1. GENERAL:
1.1 Concept of Family and Development of Family System, Types of Family Law
1.2 Sources of Family Law
1.3 Schools of Family Law
1.4 Uniform Civil Code: Concept, reasons, need to enact, problems, relevant
Constitutional provisions, Judicial pronouncements
UNIT – 2
2. MARRIAGE:
2.1 Concept of Marriage, Essentials of valid Marriage under Different laws – Hindu,
Muslim, Parsi, Christian law and Special Marriage Act,
2.2 Emerging concept: Maitri Sambandh(Live in Relationship) and divided home
2.3 Regular, irregular and void marriages under different family laws and effects
thereof
2.4 Iddat and Types under Muslim Law
2.5 State Regulation over Customary Practices like Polygamy, Concubine, Child
Marriage, Dowry, Sati System etc. by different legislations
2.6 Guardianship in Marriage (Jabar) and option of puberty under Muslim Law
UNIT – 3
3. MATRIMONIAL DISPUTES AND REMEDIES:
3.1 Non- judicial resolution of marital conflicts.

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 3.2 Matrimonial Remedies: Restitution of Conjugal Rights, Judicial Separation and
Dissolution of Marriage
3.3 Modes of Dissolution of Marriage
3.3.1 Customary Dissolution of Marriage
3.3.2 Unilateral Divorce
3.3.3 Divorce by Mutual Consent
3.3.4 Other Modes of Dissolution of Marriage like cruelty, Desertion, Adultery
etc.
3.4 Emerging Concept: Irretrievably breakdown theory for granting divorce and
Judicial pronouncements
3.5 Divorce under Muslim personal law-
3.5.1 Talak and its Talaq-e-tafweez, Kinds of divorce
3.5.2 Grounds for Divorce under the Dissolution of Muslim Marriages Act,1939
3.6 Re-marriage under different Family Law
Judicial resolution of conflicts: the family court.
UNIT – 4
4. GUARDIANSHIP, ADOPTION, ALIMONY AND MAINTENANCE:
4.1 Guardianship under different family Laws
4.2 Provisions for adoption under various family law and CARA Guidelines for
Adoption
4.3 Maintenance and Alimony under the Criminal Procedure Code and various
Family Laws
4.3.1 Maintenance of neglected Wives and Divorced wives
4.3.2 Maintenance of children: disabled, legitimate and illegitimate
4.3.3 Maintenance of Parents and Grand Parents
4.3.4 Alimony and maintenance as an independent remedy: a reviews under
different personal laws – need for reforming the law, Alimony and
maintenance as an ancillary relief
4.3.5 Maintenance of divorced Muslim women under Muslim Woman
(Protection of Rights on Divorce) Act,1986: a critical review I review,
Judicial pronouncement on the issue: Shah Banoo’s case and Danial Lefty
v. Union of India’s case.

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SUGGESTED READING:
1. Paras Diwan, Law of Intersate and Testamentary Succession, Universal
2. Banu, N. D. Law of Succession, Universal
3. Kuser, Marriage and Divice Law Manual, Universal
4. Machanda S. C Law and Practice of Divorce in India, Universal
5. P.V. Kane, History of Dharmasatras vol.2 Pl.l at 624-632
6. Kuppuswami (ed) Mayne’s Hindu Law and Usage ch.4
7. B. Sivaramayys, Inequalities and the Law
8. K. C. Dioiya “Population control through Family planning in India” Indian Journal of
Legal Studies,
9. J.D.M. Derrett, Hindu Law
10. A.A.A Fyzee, Outline of Muhammadan Law, Law, AlladiKuppuswami,
11. Mayne’s Hindu Law and Usage
12. J.D.M. Derret, A Critique of Modern Hindu Law
1. Paras Diwan, Hindu Law.

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 FAMILY LAW–II (220402)

OBJECTIVE OF THE COURSE:

The course structure is designed mainly with flute objectives in view. One is to
provide adequate sociological perspectives so that basic concepts relating, to family are
expounded in their social setting. The next objective is to give an overview of some of the
current problems arising out of the foundational inequalities with large in the various family
concepts. The third objective is to view family law not merely as a separate system of
personal laws based upon regions but as the one cutting across the religious lines and
eventually enabling us to fulfill the constitutional directive of uniform civil code. Such a
restructuring would make the study of familial relations more meaningful.

SYLLABUS:
UNIT – 1
1. JOINT FAMILY:
1.1 Mitakshara Joint Family
1.2 Mitakshara coparcenary -
1.2.1 Formation and Incidents
1.2.2 Property under Miltakshara Law –Suppurate property and coparcener/
property
1.3 Dayabhaga Coparcenary –
1.3.1 Formation and Incidents
1.3.2 Property under Dayaybhaga law
1.4 Karta of the Joint family – His position, Powers Privileges and Obligations
1.5 Alienation of Property – Separate and Coparcenary.
1.6 Partition and Re – union.
1.7 Joint Hindu family as a Social Security Institution and Impact of Hindus Gains of
Learning Act and Various tax laws on it.
UNIT - 2
2. INHERITANCE:
2.1 Hindus
2.1.1 Historical Perspective of Traditional Hindu Law as a background to the
study of the Hindu Succession Act; 1956

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 2.1.2 Succession to property of a Hindu male dying intestate under the provisions
of the Hindu Succession Act, 1956.
2.1.3 Devolution of interest in Mitakshara coparcenary with reference to the
provisions: of the Hindu Succession Act, 1956.
2.1.4 Succession to property of Hindu Female dying intestate under the Hindu
Succession Act, 1956
2.1.5 Disqualification relating to succession, General rules of Succession
2.2 Muslims
2.2.1 General Rules of Succession and Exclusion from Succession.
2.2.2 Classification of Heirs under Hanafi and Ithana Ashria school and their share
and distribution of property
2.3 Christians, Parsis and Jews
2.3.1 Heirs and theirs shares and distribution of property under Indian Succession
Act of 1925
2.3.2 Testamentary Succession under the Indian Succession Act : Rules for
distribution of property of Christians, Parsis and Jews
2.3.3 Distribution of property of Christians, Parsis and Jews dying intestate.
UNIT - 3
3. GIFTS:
3.1 Essentials of valid Gift under Different Family Laws:
3.2 Kinds of Gift: Competency of Donor and Donee, Subject Matter of Gift,
properties which can be and cannot be the subject matter of gift, void gifts.
3.3 Essentials of Valid Hiba (Gift) under Muslim Law, Kinds of Hiba, Sadquah,
Marz-ul-maut, Revocations of gift.
UNIT - 4
4. FAMILY COURT ACT AND MISCELLANEOUS PROVISIONS:
4.1 Family Courts: Concept, need, Law Commission Reports
4.2 Powers and Jurisdiction of the Family Court
4.3 Issue to be decided by the family Court, Qualifications of Family Court Judge
4.4 Provisions regarding appearance of advocates in family courts Exemption from
Court fees etc.
4.5 Provisions of Appeal under the Family Courts Act
4.6 Salient Features of the Protection against the Domestic Violence Act, 2005

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SUGGESTED READING:
2. Paras Diwan, Family Law
3. Paras Diwan, Law of Instestate and Testamentary Succession (1 PPS), Universal Law
Books.
4. Basu, N.D., Law of Succession, Universal
5. Kusem, Marriage and Divorce Law Manual, Universal
6. Machanda S.C., Law and Practice of Divorce in India, Universal
7. P.V. Kane History of Dharamansasstras Vo;.2 Ptl at 624-632
8. A.Kuppsuwami (ed.) Mayne’s Hindu Law and Usage Ch.4
9. B.Sivramayys, Inequalities and the Law
10. K.C.Daiya, “ Population control through family planning n India, “ Indian Journal of
Legal Studies.
11. J.D.M Derrett, Hindu Law
12. Fyzee Outlines of Muhammadan law
14. AlladiKappuswami (ed.) Mayne’s Hindu Law and Used J.D.M Derret a Critique of
Modern Hindu Law.

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 JURISPRUDENCE (220403)

OBJECTIVE OF THE COURSE:

At the heart of the legal enterprise is the concept of law, without a deep
understanding of the concept neither legal education nor legal practice can be a purposive
activity oriented towards attainment of justice in society. Moreover, without a comprehension
of the cognitive and teleological foundation for the discipline, pedagogy becomes a mere
teaching of the rules. It is not unable to present various statutes, cases procedure, practices
and customs as a systematic body of knowledge, nor is it able to show the inter-connection
between these various branches of law, procedures and principles. The fact that the basic
nature and purpose of law should be clear to every student and that it should be the very
foundation of law teaching needs little argument. A course in jurisprudence should, primarily,
induct the student into a realm of questions concerning law so that he is able to live with their
perplexity of complexity and is driven to seek out answers for himself.

It may not be possible that a one year jurisprudence course can impart knowledge of
doctrines about law and justice, developed over the year, in various nations and historical
situations. Al best an undergraduate course should impart the analytical skill and equip the
student with the basic problems concerning law and the types of solutions sought. Thus the
student not only will be able to use this skill in practice but also is motivated to take up
detailed historical studies on his own after the course. Since a basic idea in the designation of
this course is to bring jurisprudence closer to our reality, in the selection of cases and reading
materials the teachers should try to make use of the Indian materials as far as possible.

SYLLABUS:
UNIT -1
1. INTRODUCTION AND SOURCES OF LAW:
1.1 Meaning and Importance of the term ‘Jurisprudence’
1.2 Nature and Definition of Law, Relation between : Law and Morality, Law and
Justice
1.3 Sources of Law: Legislation, Customs, Precedents: Concept of State decisis
Writings.

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UNIT - 2
2. SCHOOLS OF JURISPRUDENCE:
2.1Analytical Positivism: Bentham and Austin’s view, Criticism of Austin’s theory of
Positivism
2.2 Natural Law School, Historical school, Sociological School
2.3 Kelson’s Pure Theory of Law, H.L.A Hart’s theory
UNIT - 3
3. LEGAL RIGHTS, DUTIES, PERSONS, TITLES, ETC:
3.1 Rights, Duties and Wrongs: Definitions and relationship, Rights Legal Rights as
defined by Hopfield, Right –Duty Correlations
3.2 Nature of Personality: Corporation Sole and Aggregate, Rights &Liabilities
3.3 Corporate Personality: Corporation Sole and Aggregate, Rights &Liabilities
3.4 Status of the Unborn, Minor, lunatic, Drunken and Dead persons
3.5 Kinds of legal Rights and duties.
UNIT - 4
4. LIABILITIES ,OWNERSHIP, POSSESSION AND PROPERTY:
4.1 Liabilities: conditions for imposing liabilities, Mens rea, International,
Negligence, Vicarious liability, Strict Liability,
4.2 Theories of Punishment
4.3 Possession: Definition, concept and importance
4.4 Kinds of possession, Essentials of possession: Corpus Possessionis And Animus
Possidendi.
4.5 Ownership: Definition, Concept, kind of ownership
4.6 Distinction between ownership and possession, kind’s property

SUGGESTED READING:
1. Bodenheim Jurisprudence – The Philosophy and Method of Law (1996), Delhi.
Fitrgersld, (ed) Salmond on Jurisprudence, Tripathi, Bombay.
2. W.Friedranann, Legal Throry, Universal, Delhi,
3. V.D. Mahajan Jurisprudence and Legal Theory, Eastern, Lucccknow M.D.A Freeman
(ed).
4. Lloy’s Introduction to Jurispridence, Sweer& Maxwell Paton G.W. Jurispridence Ox
ford, ELBS
5. H.L.A Hart The concept of law, Oxford ELBS

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6. Roscoe Pound introduction to the philosophy of Law, Unviersal Delhi
7. Dias, Jurisprudence, Adithaya Books New Delhi
8. Dhyani S.N., Jurisprudence A Study of Indian Legal Theory, Metropolitan, New Delhi.

Page 60 of 102
 COMPANY LAW (220404)

OBJECTIVE OF THE COURSE:

Industrialisation plays a very vital role in the economic development of India. In the
post-Independence era, industrial regulation is employed as a principal means in the strategy
for attaining constitutional values. Companies are no doubt powerful instruments for
development. Besides bringing returns and financial benefits to the capital and labour they
help amelioration of the living conditions of masses. In a developing society like India, best
varieties of consumer goods are manufactured or produced and different kinds of public
utility services are generated both for general welfare and consumption purposes. Obviously,
it is beyond the capacity of one or a few entrepreneurs to engage into such activities. Because
the problem of raising large capital needed for such enterprises, there is a looming danger of
market risks. Hence, taking recourse to the device of incorporation is the only efficacious
way to surmount all such hurdles.

SYLLABUS:
UNIT - 1
1. INTRODUCTION, MEMORANDUM & ARTICLE OF ASSOCIATION:
1.1 Company: Definition, Theories of Corporate personality
1.2 Kinds of Companies: Private Companies – nature and advantages – Government
Companies – holding and subsidiary companies
1.3 Registration and Incorporation of company
1.4 Memorandum of association, Various clauses, Alteration therein, Doctrine of
ultra-virus, Consequences of ultra-virus transaction
1.5 Article of Association: binding force, alteration with Memorandum, doctrine of
constructive notice and indoor management.
UNIT -2
2. PROSPECTUS, PROMOTERS, SHAREHOLDER& MEMBERS, SHARE
CAPITAL ETC.:
2.1 Prospectus: contents, Shelf Prospectus, Misrepresentation in prospectus, Remedies
for misrepresentation and liabilities thereof
2.2 Promoters, Shares, General Principles for allotment, statutory restrictions, share
certificates, Transfer of shares, dematerialized shares (DEMAT)
2.3 Shareholder and members of company: Distinction, Modes of becoming members
of company

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 2.4 Share Capital: Kinds, alteration and reduction of share capital, Buy back of shares.
UNIT - 3
3. DIRECTORS, DIVIDENDS, AUDIT, ACCOUNTS, OPPRESSION &
MISMANAGEMENT ETC.:
3.1 Directors: Position appointment, qualifications, vacation of office, removal,
resignation. Powers and duties of directors, Managing Director
3.2 Dividends, Audits and accounts, Debentures, Fixed and floating charges, kinds of
debentures, protection of minority rights
3.3 Prevention of Oppression and Mismanagement.
UNIT - 4
4. PROVISIONS FOR RECONSTRUCTION, AMALGAMATION & WINDING
UP OF COMPANY:
4.1 Reconstruction and Amalgamation of Company
4.2 Types of winding up: winding up by court; Reasons, grounds, who can apply?
Procedure, powers of liquidator, powers of court
4.3 Voluntary Winding Up
4.4 Corporate liability : Civil and Criminal

SUGGESTED READING:
1. Introduction to Company Law : Avtar Singh
2. Company Law : Avtar Singh
3. Principles of Modern Company Law : L.C.B. Gower
4. Company Law : Palmer, Palmer’s
5. Guide to the Company Act : Pennington, Company Law A, Ramaiya
6. Lectures on Company Law :S.M.Shah
7. Company Law : Kailas Rai
8. Company Law :N.D.Kapoor & G.K.Kappor

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 HUMAN RIGHTS LAW & PRACTICE (220405)

OBJECTIVE OF THE COURSE:

Human rights were conceived rather narrowly as mere freedom from arbitrary
government in the past. It was realised later and much more so during last fifty years since
the end of the Second World War that the threats to liberty, equality and justice did not
emanate from the state alone. Many nations of Asia and Africa came to nationhood during
this period. These nations had to bring about their development and they needed capital.
Foreign aid and foreign investments were invited but these could very well lead to their
second subjugation. Poverty, ignorance, exploitation had to be fought at the global level.
Development had to come without the sacrifice of human values. A greater awareness of
human rights, not only as negative restrictions on the state but as positive obligations for
creating an environment in which man could live with dignity was necessary. The focus of a
course on human rights must be on the national problems with an international or global
perspective. The world community's concerns about human rights have been expressed
through various conventions. On the national levels, they are contained in constitutional
provisions such as directive principles of state policy, fundamental rights, fundamental duties
and judicial, legislative as well as administrative strategies of reconstruction. Human rights
acquire much more comprehensive and wider meaning. It requires us to take up cudgels
against poverty discriminations based on caste, colour or sex, make provisions for drinking
water, population control, conservation and preservation of natural resources, ecological
balance, protection of consumers against ruthless and profit seeking, traders or
manufacturers, provisions against hazardous industries and so on and so forth. Human rights
are an important parameter for a just society and future lawyers must be able to assess any
programme of social transformation with reference to them. The following syllabus prepared
with this perspective will be spread over a period of one semester.

SYLLABUS:
UNIT - 1
1. HUMAN RIGHTS: GENERAL
1.1 Theoretical Foundations of Human Rights:
1.1.1 Meaning Basic Concept and Origin of Human Rights,
1.1.2 Source and significance of Human Rights

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 1.1.3 Different definitions of Human Rights, First Official Use of the term
‘Human Right’ at UN Meeting, Classification Of Human Rights
1.1.4 Theories of Human Rights
1.2 Historical development of the concept of Human Rights
1.2.1 Human rights in Indian tradition: ancient, medieval and modern.
1.2.2 Human rights in Western tradition
1.2.3 Concept of natural Law, Concept of natural rights
1.2.4 Human rights in legal tradition, international Law and National Law
UNIT - 2
2. UN AND HUMAN RIGHTS:
2.1 International Documents relating to Human Rights
2.1.1 Universal Declaration of Human Rights (1948) : Individual and group
rights, its significance and limitations
2.1.2 International Covenant on Human Rights:
• International Covenant on Civil & Political Rights, 1966
• International Covenant on Economic, Social &Cultural Rights,
1966
2.1.3 I.L.O and other Conventions and Protocols dealing with human rights
2.1.4 Importance and binding effect of above document on the member
countries of UN
2.2 Impact and implementation of international human rights norms in India:
2.2.1 Human rights norms reflected in fundamental rights under the
Constitution of India
2.2.2 Directive Principles legislative and administrative implementation of
international human right norms.
2.2.3 Implementation of international human rights norms thoughts judicial
process.

UNIT - 3
3. HUMAN RIGHTS UNDER THE CONSTITUTION AND DIFFERENT
LEGISLATION IN INDIA :
3.1 Provisions for enshrining human rights to Woman and Children
3.2 Human Rights granted to Schedule Caste , Schedule Tribes and other socially
and economically backward communities

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 3.3 Human Rights of prisoners and arrestees
3.4 Human Rights of victims and development of compensatory jurisprudence
UNIT - 4
4. ENFORCEMENT OF HUMAN RIGHTS AND MACHINERY THEREOF :
4.1 International Commission of Human Rights , Amnesty International
4.2 Role of Courts : the Supreme Court, High Courts and other courts
4.3 Statutory commissions –
4.3.1 National Commission for Women
4.3.2 National Commission for Minority
4.3.3 National Commission for Schedule Castes and Schedule Tribes
4.4 Protection of Human Rights Act,1993
• National Human Rights Commission
• State Human Rights Commission
• Human Right Courts
• Protection of Human Rights Act,1993 : adequacy of the legislation
4.5 Role of various NGOs in the protection of Human Rights

SUGGESTED READING

1. S. K. Avesti and R. P. Kataria, Law Relating Human Rights ,Ch. IV,V,VIII,XIV,XXIX,

and XXXIX Orient, New Delhi.
2. Human Rights Watch Women”s Rights Project. The Human Rights Watch Global Repot
on Women’s Human Rights Oxford
3. Limacora, Network and Tretter, International Human Rights, Sweet & Maxwell
4. Wallace, International Human Rights, Text & Materials, Sweet & Maxwell
5. Muntarbhom. The Status of Refugees in Asia. Oxford
6. Human Rights and Global Diversity, Frank Cass, London
7. Niraml C.J. (ed) Human Rights in India, Oxford
8. P.R. Gandhin, International Human Right Documents, Universal, Delhi.
9. K.C. joshi : Internal Law & Human Rights, Eastern Book Company
10. Dr.VijayChitnis : Human Right and Law : National & Global Perspectives, Snow White
Publication Pvt. Ltd.
11. Khwaja Abdul Muntaquim : Protection Of Humna Rights : Law Publisher (India) Pvt.
Ltd.

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12. Law Realting to Human Rights : Asia Law House
13. Dr. S.K.Kapoort : Human Rights Under International law Indian Law : Centeral Law
Agency
14. Dr.Vijay S Chitnis : Human Rights & Princes of Poverty : Snow White Publication Ltd.
15. Dr. N. Subramanya : Human Rights nd Refugees : A.P.H Publishing Corportation, New
Delhi.
16. MangariRajender : The Protection of Human Rights Act and Relationg Law : Law Book
Agency

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 SEMESTER-CUM-CONTINUOUS AND COMPREHENSIVE
EVALUATION (220406)
OBJECTIVES OF THE COURSE:

1. Meaning:
Continuous and Comprehensive Evaluation (CCE) refers to a system of the evaluation of
students that covers all features of students’ development.According to this scheme, the
term `continuous’ is meant to accentuate that evaluation of identified aspects of students’
growth and development is a continuous process rather than an incident, built into the
total teaching-learning process and spread over the whole duration of the academic
session.

1.1 This is the soul of our innovative programme and radically alters the learning
process to the benefit of the students. The result of a single examination does
not determine the fate of the students.

1.2 Examination and evaluation is a continuous and an unburden some exercise.

1.3 The syllabus is distributed over a number of semesters. Grasp and knowledge
of the subject is evaluated in bits continuously and periodically thereby putting
lesser burden on the student as compared to evaluation by one examination at
the end of the session.

1.4 The courses allotted for a particular semester are completed by the end of the
semester and also examined and evaluated simultaneously, thereby reducing
the amount of material to be studied at one time.

2. Aims of Continuous and Comprehensive Evaluation:

The main aim of CCE was to assess every aspect of the student during their
presence at the college.
CCE helps in minimizing the stress on students.
Make assessment comprehensive & regular.
Produce learners with greater skill

3. Objectives of Continuous and Comprehensive Evaluation:

Various are the objectives of Continuous and Comprehensive Evaluation:

It makes the process of teaching and learning a learner-centred activity.

To make the assessment process an essential part of the teaching-learning
process.

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 To make a fair judgment and take timely decisions for learner’s growth,
learning process, learning pace, and learning environment.
To provide scope for learners for self-assessment.
To use the evaluation process for improving students’ achievement through
detection and correction.
4. Mode of evaluation & assessment scheme:
The mode of evaluation is varies depending upon the nature of the subjects
and topics. In general, the following components of evaluation are adopted:
1) Assignments 50 Marks
2) Presentations-Viva-voce 50 Marks

SYLLABUS:
1) Written submission (50 Marks)
Assigned topics from

• Family Law – I

• Family Law – II

• Jurisprudence

• Company Law

• Human Rights Law and Practice

2) Presentations - Viva-voce (50 Marks)

Note: Every students has to appear in all components (i.e. - Assignments

and Presentation-viva)

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 Saurashtra University

Syllabus

Semester Five
Course
No. Course Name Marks Credit
Code

1 220501 Law of Crimes – II (Criminal Procedure Code) 100 5

2 220502 Civil Procedure Code and Indian Limitation Act. 100 5

3 220503 Law of Evidence 100 5

4 220504 Public International Law 100 5

5 220505 Intellectual Property Laws 100 5

6 220506 Foundation/Soft Skill : Legal Research With Field Work 100 2

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 LAW OF CRIME-II (CRIMINAL PROCEDURE CODE) (220501)

OBJECTIVE OF THE COURSE:

The criminal process involves increasing expenditure of government resources. At the
same time it confronts a crisis of intrusion into individual rights in order to protect the
common will. Obviously, criminal procedure has to be just, fair and reasonable to the accused
as well as to the victims. Undoubtedly the process is to be carried out in an objective manner.
Criminal procedure, thus, makes a balance of conflicting interests. This imposes a duty upon
those connected with the working of the criminal process to abide by the law and to exercise
discretion conferred on them in the best manner. Code of Criminal Procedure, originally
enacted years ago, had undergone many trials and experiments, too enormous to be placed
within a class room discussion. However, the students should obtain a fair idea how the code
works as the main spring of the criminal justice delivery system and should be exposed to the
significant riddles of the procedure.

SYLLABUS:
UNIT - 1
1. CONSTITUTION AND POWER OF CRIMINAL COURTS AND POLICE
OFFICER & PROVISION RELATING TO MAINTENANCE OF WIVES,
CHILDREN & PARENTS:
1.1 Definition : Bailable and Non-bailable offences, Cognizable and Non-cognizable
offences, Investigation,
1.2 Constitution, Classes of Criminal Courts, Power of superior officers of police,
Provision relating to arrest of person, service of Summons
1.3 Provision relating to attachment and forfeiture of property, Security for keeping
peace and good behaviour
1.4 Order for maintenance of Wives, Children and Parents
1.4.1 Maintenance of divorced wives
1.4.2 Judicial Pronouncements
UNIT - 2
2. MAINTENANCE OF PUBLIC ORDER & TRANQUILLITY,
INVESTIGATION, INQUIRY AND JURISDICTION OF THE CRIMINAL
COURTS AND TRIAL PROCEDURE IN CRIMINAL CASES :

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 2.1 Maintenance of Public Order &Tranquillity. Power of the police to take
preventive actions
2.2 FIR, Criminal Complaint, Power of Police to make investigation, procedure, filing
of report, Charge-sheet
2.3 Jurisdiction of Criminal Courts in Inquiries and trials
2.4 Charge :
2.4.1 provisions relating to framing of Charge
2.4.2 Addition of Charge
2.4.3 Alteration of Charge
2.4.4 Separate charges for distinct offences.
UNIT - 3
3. TRIAL PROCEDURE IN CRIMINAL CASES & ITS GENERAL PROVISION:
3.1 Criminal Trials :
3.1.1 Trial before the Courts of Session
3.1.2 Warrant Trial Cases by Magistrates-procedure
3.1.3 Summons Trial Cases by Magistrates-procedure
3.1.4 Summary Trials
3.1.5 Distinction : Discharge, Acquittal and Conviction
3.2 Plea Bargaining Procedure
3.3 General Provisions relating to Inquiries and Trials:
3.3.1 Person once convicted/acquitted, not to be trial for same offence
3.3.2 Public Prosecutor, Legal Aid to accused, Tender of Pardon to accomplice,
Compounding of Offences and other provision
3.4 Provision as to accused persons of unsound mind
3.5 Provision relating to judgment
3.6 Submission of Death Sentence for confirmation
UNIT - 4
4. APPEALS, REFERENCE, REVISION, TRANSFER OF CASES, PROVISION
RELATING TO BAIL AND BONDS AND MISCELLANEOUS PROVISION
4.1 Appeal: Concept - Creation of Statute – Cannot be filed as matter of right
4.1.1 Kinds of Appeal:
4.1.1.1 Against conviction
4.1.1.2 For enhancement of sentence
4.1.1.3 Against acquittal order: By Public Prosecutor & by private person

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 4.1.1.4 For compensation to victims
4.1.2 When appeal is not permissible?
4.1.3 Special Right to permissible (For non-appealable cases)
4.1.4 Power of the Appellate Courts
4.2 Revision: Scope and purpose
4.2.1 When permissible?
4.2.2 Revision Courts & their power
4.3 Reference: Purpose and Significance
4.4 Execution, Suspension, Remission and Commutation of Sentences
4.5 Provision relating to Bail and Bonds
4.5.1 Bail in Bailable and non Bailable Offences and related Provisions.
4.5.2 Anticipatory Bail.
4.5.3 Approach of the Apex Court in granting Bail.
4.6 Miscellaneous:
4.6.1 Inherent Power of High Courts
4.6.1.1 Power to quash FIR, Criminal Complaints And Criminal Proceedings
4.6.1.2 Judicial approach and guidelines given by The Apex Court while
exercising quashing Power by High Courts

SUGGESTED READINGS:
1. Ratanlal & Dhirajilal , Code of Criminal Procedure, Lexis Nexis-Butterworth Wadhwa,
Nagpura
2. Chandrasekharan Pillai (Ed), Kelkar Lecture on Criminal Procedure, Eastern, lucknow.
3. Principles, Commentaries on the Code of Criminal Procedure, 2 Vol, Universal
4. Woodroffe : Commentaries on the Code of Criminal Procedure, 2 Vol, Universal
5. Chandrasekharan Pillai (Ed), Kalkars’ Outlines of Criminal Procedure, Eastern, Lacknow.
6. AIR Criminal Manoj Act, AIR, Nagpur
7. R.V.Kelkar, Criminal Procedure, Eastern Book Co.
8. C.K. Thakkar, Criminal Procedure Code, Eastern Book Co.
S.N. Mishra , Code of Criminal Procedure, 1973 with Probation of Offenders Act and
Juvenile Justice ( Care & Protection of Children ) Act, 2000, Central Law Publication.

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 CIVIL PROCEDURE CODE & INDIAN LIMITATION (220502)

OBJECTIVES OF THE COURSE:

Civil Procedure is code is subject daily the use by the lawyer and a student cannot
afford to have scant knowledge of civil procedure when he goes out to practice as a lawyer.
True that it is thought expenses one gets expert knowledge of civil procedure. However, it is
necessary to have good grounding in the subject before one enters the profession. While the
substantive law determine the right of parties. Procedure law sets down the norms for
enforcement whenever civil rights of persons are affected by action, judicial decision will
supply the omission in the law.
The Code of Civil Procedure in India has a chequered history and lays down the
details of procedure for Redressal of civil rights. Many questions may prop up when one goes
to indicate one’s civil rights. The courts where the suit is to be filed, the essential forms and
procedure for institution of suit, the documents in support and against, evidence taking and
trial, dimensions of an interim order, the peculiar nature of the suits, the complexities of
executing a decree and provisions for appeal revision are all matter which a lawyer for any
side is be familiar with.
A delay in filing the suit, besides indicating the negligence of the plaintiff in effectively
agitating the matter on time, may place courts in a precarious situation. They may not be in a
position to appreciate the evidence correctly. Evidence might have been obliterated. Hence
the Statute of Limitation fixes a period within which a case has to be filed.

SYLLABUS:
UNIT - 1
1. INTRODUCTION, BASIC PRINCIPLES AND JURISDICTION OF THE
COURTS :
1.1 Concept, Plaint, Written Statements, Affidavit, Order, Judgement, Decree
1.2 Restitution, Execution, Decree-holder, Judgment-debter, Mesne Profits
1.3 Distinction between decree and judgment and between decree and order.
1.4 Kinds and Jurisdiction of Courts, Hierarchy of Courts :
1.4.1 Suits of Civil Name : Scope and limits, Place of Suing, Institution of Suit
1.4.2 Parties to suit, Joinder and Non-joinder and Miss-joinder of Parties,
Representative suit, Framing of Suit, Cause of Action,
1.4.3 Res Judicata and Res Sub–Judice, Foreign Judgment & its enforcement

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 1.4.4 Provision relating to ADR: Settlement of the Disputers outside the courts
(Sec.89)-object, purpose, background and procedure
1.4.5 Issuance of Summons.

UNIT - 2
2. TRIAL PROCEDURE, JUDGMENT, SUITS ,IN PARTICULAR CASES:
2.1 Appearance of parties, Ex-parte procedure, Effect of Death, Marriage &
Insolvency of Parties
2.2 Attendance of witnesses, Adjournments, Set off and Counter Claims, Discovery,
Inspection & Production of Documents
2.3 Trial procedure, Interim orders : Commission, arrest or attachment before
judgment, injuction and appointment of receiver , interset and costs
2.4 Suits in particular cases :
2.4.1 Suits by or against Government/Public Officers (Sec.79-82)
2.4.2 Suit by relating aliens by or against foreign rules or ambassadors (Sec.83-
87)
2.4.3 Suits relating to Public nuisance (Sec. 91-93)
2.4.4 Suits by or against firm
2.4.5 Suit by Indigent persons (O.33), Suit of Mortgage
2.4.6 Interpleader suits
2.4.7 Suits relating to public charities
2.4.8 Summary Suits and other special suits
2.5 Execution : Concept, General Principles, Procedure & Powers Execution of
Decree (Sec.52-54 )
2.6 Enforcement, arrest and Detention (Sec. 55-59), Attachment (Sec.60-64), Sale
(Sec.65-97), Delivery of Property , Stay of Execution.
UNIT - 3
3. APPEALS, REVIEW, REFERENCE AND MISCELLANEOUS
3.1 Appeals: Concept and General Provisions
3.1.1 Appeals from original decrees
3.1.2 Appeals from appellate decrees
3.1.3 Appeals from orders
3.1.4 Appeals to the Supreme Court
3.1.5 First Appeal and Second Appeal

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 3.2 Reference,Review and Revision
3.3 Miscellaneous Provisions:
3.3.1 Transfer of cases
3.3.2 Restitution
3.3.3 Caveat
3.3.4 Inherent power of courts
3.4 Law Reform: Law Commission on Civil Procedure Amendments.
UNIT – 4
4. INDIAN LIMITATION ACT :
4.1 Concept and object of the Act
4.2 Law assists only vigilant and not those who sleeps over his rights
4.3 Distinction and with latches, acquiescence, Prescription
4.4 Extension and suspension of Limitation, Liability of Govt. Departments for
delay & Judicial pronouncements
4.5 Sufficient cause for not filling the proceeding :
4.5.1 Illness
4.5.2 Mistaken Legal Advise
4.5.3 Mistaken view of Law
4.5.4 Poverty, minority and Purdah Imprisonment Defective Vakalatnama, Legal
Liabilities
4.5.5 Foreign rule of limitation : contract entered into under a foreign law,
Acknowledgement – essential requisites continuing tort and continuing
breach of contract

SUGGESTED READINGS:
1. Mulla, Code of civil Procedure, Universal, Delhi.
2. C.K.Thakker, Code of civil Procedure, Universal, Delhi.
3. M.R.Mallick(ed),B.B.Mitra on Limitation Act, Eastern Lacknow.
4. Majumdar P.K. and Kataria R.P. Commentary on the Code of Civil Procedure, 1908,
Universal, Delhi.
5. Jain M.P., Code of Civil Procedure with Amendments, Wadhwa
6. Shah A.N.The code of civil Procedure, Universal, Delhi.
7. Sarkar’s Law of Civil Procedure, Vols , Universal, Delhi.
8. Sukumar Ray, Textbook on the Code of Civil Procedure, Universal, Law Book Co.

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9. Dr.Avtar Singh, Code of Civil Procedure,Central Law Publication
10. Universal’s Code of Civil Procedure
11. Jain M P, The Code of Civil Procedure ,Wadhwa Nagpur Publication
12. Dr.Avtar Singh, Code of Civil Procedure,Central Law Publication
13. Mathur D.N., The Code of Civil Procedure , Central Law Publication
14. U.N.Mitra , Limitation and Presription
15. AIR Commentaries on the Limitation Act
16. SR. Myneni, Law of Limitation Asia Law House , Hyderabad

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 LAW OF EVIDENCE (220503)

OBJECTIVES OF THE COURSE:

The law of evidence is an indispensable part of both substantive and procedure laws. It
imparts credibility to the adjudicatory process by indicating the degree of veracity to be
attributed to ‘facts’ before the forum. This paper enables the students to appreciate the
concepts and principles underlying the law of evidence and identify the recognized form of
evidence and its sources. The subject seeks to impart to the student the skills of examination
and appreciation of oral and documentary evidence in order to find out the both. The art of
examination and cross-examination and the shifting nature of burden of proof are crucial
topics. The concepts brought in by amendments to the law of evidence are significant parts of
study in this course.

SYLLABUS:
UNIT - 1
1. INTRODUCTION, DEFINITIONS AND RELEVANCY OF FACTS:
1.1 Main feature of the Evidence Act and its applicability
1.2 Definitions: ‘Proved’, ‘Disproved’ and ‘Not Proved’, ‘May Presume’ and ‘Shall
Presume’, ‘Conclusive Proof’
1.3 Relevancy of Facts, Facts in Issue, Distinction between them
1.3.1 Facts necessary to explain/introduce relevant facts
1.3.2 When Facts not otherwise relevant become relevant
1.4 Admission: Definition
1.4.1 Admission by different person,
1.4.2 Oral admission, relevant provisions
1.5 Confession: Distinction between Admission and Confession
1.5.1 Confession made before different persons/authorities and its relevancy
and evidence importance, relevant
1.6 Distinction between oral and Documentary Evidence
1.7 Statement by persons who cannot be called as witnesses
1.8 Statements made under special circumstances
1.9 Judgments of courts of justice, when relevant
1.10 Relevancy of Opinion of Third persons

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 1.11 Opinion of Experts
1.12 Opinion as to Handwriting Experts
1.13 Opinion as to digital signature other relevant provisions as to expert opinion
1.13.1 Relevancy of opinion as to character.
UNIT - 2
2. TYPES OF EVIDENCE :
2.1 Judicial Notice
2.2 Oral Evidence : General Provisions
2.3 Documentary Evidence : General Provision
2.3.1 Primary and Secondary Evidence and its related provisions
2.3.2 Special provision as to evidence relating to electronic record and its
Admissibility, proof as to digital Signature & its Verification
2.3.3 Public documents and private documents
2.4 Presumption as to documents including Gazettes in electronic forms
2.5 Statement by persons who cannot be called as witnesses
2.6 Presumption in case of Dowry Death and cases involving violation of women’s
rights
UNIT - 3
3. DYING DECLARATION, STAGES OF EXAMINATION OF WITNESSES :
3.1 Dying Declaration : Definition, Principles for relying upon Dying Declaration
3.1.1 Evidence Value of Dying Declaration
3.1.2 Essentials for recording Declaration
3.1.3 Judicial Approach for appreciation the contents of Dying Declaration
3.2 Stages of Examination of Witnesses :
3.2.1 Examination in chief.
3.2.2 Cross Examination :
• Essentials
• Art of Cross Examination
3.2.3 Re-examination
3.3 General Principles of Examination and Cross Examination
3.4 Lawful question in Cross Examination
3.5 Leading question
3.6 Hostile witness, Impeaching of the standing or credit of witness

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UNIT - 4
4. BURDEN OF PROOF AND ESTOPPEL:
4.1 Burden of Proof :Meaning
4.1.1 The general conception of onus probandi
4.1.2 General and special exceptions to onus probandi
4.2 The Justification of presumption and of the doctrine of judicial notice
4.3 Justification as to presumption and as to certain offences
4.3.1 Presumption as to abetment of suicide by a married woman (Sec. 113-A)
and dowry death (Sec. 113-B)
4.3.2 Presumption as to absence of consent in certain prosecution for rape
(Sec.114.A)
4.4 The Scope of the Doctrine of judicial notice (Section-114)
4.5 Estoppel: Meaning, importance
4.5.1 Distinction : Estoppel, Res Judicata, Waiver and presumption
4.5.2 Kinds of Estoppel:
• Estoppel by deed
• Estoppel by conduct
• Equitable and Promissory Estoppel
• Tenancy Estoppel
4.6 Question of corroboration (Section 156-157)

SUGGESTED READING:
1. Sarkaar and manohar , Sankar and Evidence, Wadha& Co. Nagpur
2. Sir John Wood Roffe& Syed S. Amir Ali’s Law of Evidence Vol.1-4
3. Indian Evidence Act, (Amendment up to date)
4. Rattan Lal&DhirajLal, Law of Evidence, LexisNexis – Butterworths
5. Wadhwa, Nagpur
6. Pole in Murphy, Evidence Universal, Delhi.
7. Albert S. Osborn, The Problem of Proof, Universal Publication, Delhi.
8. Avtar Singh, Principles of the Law of Evidence, Central Law Agency, New Delhi.
9. Batuk Lal, The Law of Evidence , Central Law Agency.

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 PUBLIC INTERNATIONAL LAW (220504)

OBJECTIVES OF THE COURSE:

The main thrust of this course shall be development of human rights law and
jurisprudence at international, regional and national levels. There need not be an attempt to
teach the whole gamut of international law in this course. The Human Rights Dimensions
shall be discusses in other papers like Environmental Law in the Municipal Laws of the
member nations.

SYLLABUS:
UNIT -1
1. DEFINITION AND CONCEPT OF INTERNATIONAL LAW:
1.1 Definition
1.2 Public International Law & Private International Law
1.3 Nature Of International Law and its functions
1.4 International Law – A weak law
1.5 Development of International Law in India
UNIT -2
2. THEORETICAL FOUNDATIONS OF INTERNATIONAL LAW:
2.1 Basic Principles : Sovereign equality of State – Non-intervention, Non use of
force, International co-operation, Peaceful settlement of dispute
2.2 Individuals as subject of international law
2.3 State Jurisdiction on Terrorism, hijacking, Narcotics, War crimes and Crimes
against Peace
2.4 Treatment of Aliens
2.5 Mechanism: Amnesty International, International Labour Organization (ILO)
UNESCO, UNICEF.
UNIT-3
3. CONCEPT:
3.1 Sources of International Law :Customs, Treaties, General Principles of Law
recognized by the Civilized Nations, Judicial Decisions, Writing of Jurists, Equity,
Resolutions of General Assembly
3.2 Subjects of International Law
3.3 Jurisdiction of States

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 3.4 Legal Responsibility of State
UNIT - 4
4. MISCELLANEOUS:
4.1 States, Recognition, State Territory, State Jurisdiction, State Responsibility
4.2 Aliens
4.3 Extradition
4.4 Asylum
4.5 Treaties
4.6 Security Council
4.7 International Terrorism: Aircraft Hijacking, Piracy
4.8 Disarmament: Threat to Human Rights

SUGGESTED BOOK:
1. S.K. Verma, Public International Law Practice – Hall, New Delhi.
2. Peter J.VanKricken (ed). The Exclusion on Clause, Kluwer
3. S Rights Project. The Human Rights Watch Global Report on Women’s Human Rights,
Oxford
4. Limacora, Nowak and Tretter, International Human Rights, Sweet & Maxwell
5. Wallace, International Human Rights, Text & Materials, Sweet & Maxwell
6. Muntrabhom. The State of Refugees in Asia, Oxford
7. Human Rights and Global Diversity, Frank Cass, London
8. Nirmal C.J. (ed) Human Rights in India, Oxford
9. Nirmal B.C. The Rights to Self determination in International Law, Deep & Deep
10. P.R. Gandhin, International Human Right Documents, Universal, Delhi.
11. Agrwal : Public International Law
12. Dr. S.K.Kapoor : International Law : Central Law Agency

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 INTELLECTUAL PROPERTY LAWS (220505)

OBJECTIVES OF THE COURSE:

The importance of this Branch of their law is to be sufficiently realized in the India
Legal Education. Compendious courses on the law of copyright, trademarks and patents are
offered in few law schools as option courses, but these do not either integrate the significance
of these subject matters under any comprehensive aspect of “Modernization” or
“Development” nor do they spread even emphasis between and among the subject areas
represented by these interconnected bodies of the law.
The Three areas are now internationally conceptualized as representing intellectual
property. It is often the case that while the law of patents and trademarks is referred to as
industrial property, the law relating to copyright is named intellectual property. While both
these terms could be suitably invoked, we here speak of intellectual property as signifying all
the three bodies of the law as well as the law on industrial designs.
Unlike other forms of property, refers to regimes of legal recognition primarily the
products of the mind or imagination. The subject matter of property related rights is here pre-
eminently based on mental labour the law relating to intellectual property protects the rights
mental labour.
The law confers rights of proprietary nature on relative intellectual labour primarily
on the basis that it is in the interest of society and state to promote creativeness and
inventiveness. Limited monopoly provides incentive for greater inventive and innovative
efforts in society. An important aspect of the exploration in this course would be the ways in
which the laws strike a fair balance between the interests and rights of the intellectual
labourers on the one hand and organized industrial enterprises on the other dimension in a
study of the in which this regime of laws militates against or favours, community in national
culture.
As concerns “Modernization” crucial arises in the field of copyright protection in
computer software and hardware, interest electronic music and scientific research. Both
copyright, trademarks, design and patent law here relate basically to law of unfair
competition and constitute an aspect of consumer protection and welfares not only in the
context of national perspectives but also in view of globalization already set in. Both from the
standpoint of human resources development, modernization and justice.It is important that
the curricular change takes serious notice of these areas.

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SYLLABUS:
UNIT - 1
1. INTRODUCTORY:
1.1 The meaning of intellectual property
1.2 Competing rationales of the legal regimes for the protection of intellectual
property
1.3 The main forms of intellectual property : copyright trademarks, patents, designs
1.4 Other new forms such as plant varieties and Geographical Indications:
Introduction to the leading international instruments concerning intellectual
property rights: The Berne Convention Copyright Convention, Union TRIPS the
Wold Intellectual Property Rights Organization (WIPO) and the UNESCO.
1.5 The status and position of IPRs in context with the International Regime
1.6 Amendments in various legislations relating to IPRs India including legislation of
patent, Copyright and Trademark in India and effects thereof.
UNIT - 2
2. SELECT ASPECTS OF THE COPYRIGHT LAW IN INDIA:
2.1 Historical evolution of the law
2.2 Meaning of copyright,
2.3 Availability of Copyright protection :
2.3.1 Copyright in literary and Artistic work, dramatic and musical works
2.3.2 Copyright in sound records and cinematograph films
2.3.3 Copyright in computer program, Internet and database
2.4 Author and Ownership of copyright, Term of copyright, authorities under
The copyright Act and their power, Registration of copyright, copyright
Society and its powers, Appeal provisions
2.5 Rights conferred by copyright, Assignment, Transmission and Relinquishment of
copyright, Provisions relating to licence
2.6 Infringement of Copyright: Criteria, various types of infringement
2.7 Acts not constituting infringement, Fair use provision, Piracy in internet
2.8 International copyright
2.9 Remedies and Penalty provision.

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UNIT -3
3. INTELLECTUAL PROPERTY RIGHTS IN TRADEMARKS AND DESIGN:
3.1 The rationale of protection of trademarks as (a) aspect of commercial and (b) of
consumer rights, Definition and concept to trademarks in goods & services
3.2 Registration, Distinction trademark and property mark, the doctrine of honest
current use, Doctrine of deceptive similarity Protection of well-known marks
3.3 Passing off and infringement of trademarks: (Definitions, Concept and
Distinction)
3.4 Standard of proof in passing off action
3.5 Remedies and Penalty provisions
3.6 Industrial Designs, Designs Act, 2000: Authorities, Procedure for registration of
designs, Controller and Registrar, power and duties, assignment and transmission
of designs, Power of the Central Government, Copyright on Industrial Designs:
related provision to designs, piracy of designs, Remedial aspects, Appeal
provision,
UNIT -4
4. THE LAW OF INTELLECTUAL PROPERTY: PATENT
4.1 Concept of patent, Essentials, Historical view of the patents law in India
4.2 Patentable inventions with special reference to biotechnology products entailing
creation of new forms of life including Amendments of the year 2005
4.3 Patent protection for computer programme and computer software
4.4 Process of obtaining a patent :
4.4.1 Application and examination: Procedure, Essentials for obtaining patent :
Elements of Novelty, Non-obviousness
4.4.2 Opposition and sealing patent : general introduction, Grounds for opposition
4.4.3 The problem of limited locus standi to oppose, especially in relation
inventions having potential of ecological and mass disaster
4.5 Patent Co-operation treaty : Object, reasons and important provisions
4.6 Wrong fully obtaining the invention: Prior Publication or anticipation,
Obviousness and the lack of inventive step, Insufficient description
4.7 Rights and obligations of a Patentee :
4.7.1 Patents as chose in action
4.7.2 Duration of patents law policy considerations, Use and exercise rights,

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 4.7.3 The notice of “abuse” of patent rights, Compulsory licenses, Special
Categories, Employee Invention Law and Policy Consideration
4.8 International Patents, Transfer of Technology, Know-How and problems of self-
reliant development.
4.9 Infringement, Criteria of infringement, Onus of Proof in India, Modes of
infringement, Doctrine of Colourable Variation
4.10 Remedies in case of Infringement : Injunction and related remedies, Defence in
suits of infringement
4.11 Penal Provision
SUGGESTED READINGS:
1. Cornish W.R., Intellectual Property, Patents, Trade Marks, Copyrights and Allied Rights,
Asia Law House, Hyderabad.
2. VikasVashisshth, Law and Practice of Intellectual Property, Bharat Law House, Delhi.
3. P. Narayanan, Intellectual Property Law, Eastern Law House, Calcutta.
4. Dr.B. L. Wadehra, Law relating to Intellectual Property, Universal Law Publishing Co.
5. Chakravarty’sIntellectual Property Law, Ashok Law House, New Delhi
6. BibeckDebroy (ed) , Intellectual Property Rights, Rajiv Gandhi Foundation, Delhi.
7. E.I.F. Ander felt, International Patent Legislation and Developing Countries
8. W.R. Cornish Intellectual Property, Sweet and Maxwell.
9. Mata Din, Law of Passing off and Infringement Action of Trade Marks
10. P.S. Segal and Kishore Singh India Patent System and Paris Convention: Legal
Perspectives
11. K. Thairani, Copyright The Indian Experience
12. W.R. Cornish, Para materials on Intellectual Property, Sweet & Maxwell.
13. N.K Achrya, Textbook on Intellectual Property Rights, Asia Law House
14. Dr .S. R. Myneni, Law of Intellectual Property, Asia Law House
15. Justice P.S. Narayana’s Intellectual Property in India, Gogia Law Agency
16. Manish Arora, Guide to Trademarks Law, Universal Law Book Co.
17. Iyengar’s The Trademarks, Universal Law Book Co.
18. Pr.Ashwani Kr. Bansal, The Designs Law, Universal Law Book Co.
19. Dr. B. L. Wadehra, Law Relating to Patent, Trademarks, Copyright, Designs
&Geographical Indication, Universal Law Publishing Co.

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 LEGAL RESEARCH WITH FIELD WORK (220506)

OBJECTIVES:
The main purpose and objective of this course is to improve our understanding about the
prevalence and determinants of legal research with field work in both approach and
comparative perspectives with an introductory reflection on the importance and role of legal
research.
Legal Research with field work is the interest of truth with the assistance of think about,
perception, comparison and test. The search of information through objective and efficient
strategy of finding arrangement to an issue is investigate. Investigate alludes to the precise
strategy articulating the issue, defining as peculation, collecting the actualities or information,
analyzing the truth and coming to certain conclusions. On the other hand, Legal Research is
one of the view points of think about of human behaviour, their intuitive, demean or relating
to any law beneath the inquire about thinks about. Lawful Investigate is the considerable
factors of relationship between the world of the law.
• To discover new areas, concepts in the field of law.
• To analyse law and legal institutions in practical way.
• To discover new facts and to test & verify previous facts.
• To ascertain relationship between Legislation & Judiciary.
• To understand the practical working of various laws related to institutions.

Written Submission Report (50 Marks)

In the written submission report, the reports of the visit of any two places
have to be prepared by students.

Visit (Any Two) (50 Marks)

Juvenile Home Visit
Industrial Visit
Visit to Cyber Cell
Jail Visit

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 Saurashtra University
Syllabus
Semester Six
Course Total
No. Course Name Practical Viva Credit
Code Marks
Practical Paper-I (Drafting, Pleading and
1 220601 90 10 100 5
Conveyance)
Practical Paper-II (Moot Court Exercise and
2 220602 90 10 100 5
Internship)
Professional Ethics, Accountancy for 80
3 220603 20 100 5
Lawyers and Bar Bench Relations (Theory)

70 30
4 220604 Alternative Disputes Resolution System 100 5
(Theory) (Practical)

Legal Language / Legal Writing Including

5 220605 - - 100 5
General English
Foundation/Soft Skill – Project and Clinical
6 220606 - - 100 2
Work

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 PRACTICAL PAPER-I
DRAFTING, PLEADING & CONVEYANCE (220601)

OBJECTIVES OF THE COURSE:

This is Compulsory Clinical Course as prescribed under the Bar Council of India-
Rules of Legal Education, 2008. The entire course is designed in order to apprise the law
students about the practical knowledge of drafting of pleading and conveyancing deeds. This
is expected to be taught through class instructions and stimulation exercises, preferably with
the assistance of practicing lawyers/retired judges. The Law students will have to draft the
prescribed civil and criminal Pleading Exercises as well as prescribed conveyancing deeds by
understanding the general principles and relevant legislations in the class rooms. The law
students should make themselves comfortable in drafting different cases and deeds based
upon any given hypothetical facts taking into consideration the procedural laws like Code of
Civil Procedure, Code of Criminal Procedure, Evidence Act as well as Constitutional Law of
India, Transfer of Property Act, Registration Act, Limitation Act, Negotiable Instruments
Act, Family Courts Act etc.

Note : (1) Strictly follow the Syllabus prescribed by Bar Council of India.
(2) Use prescribed format for journal.

Theoretical Examination: 90 Marks

Viva Voice Examination: 10 Marks

SYLLABUS:
1. DRAFTING AND PLEADING :
1.1 General Principles of drafting and relevant substantive rules
1.2 Pleadings : Civil
1.2.1 Plaint
1.2.2 Written Statement
1.2.3 Memorandum of Appeal
1.2.4 Civil Revision Application ( u/s. 115 of the CPC & under the Rent Act)
1.2.5 Interlocutory Application
1.2.6 Execution Application
1.2.7 Affidavit
1.2.8 Writ of Mandamus

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 1.2.9 Writ of Habeas Corpus
1.2.10 Writ of Certiorari
1.2.11 Criminal Complaint
1.2.12 Bail Application
1.2.13 Anticipatory Bail Application
1.2.14 Criminal Appeal
1.2.15 Criminal Revision.
2. CONVEYANCING DEEDS :
2.1 Conveyancing Deeds : Meaning Importance and types – Deed Pole and Indenture,
General Principles
2.2 Various conveyancing deeds:
2.2.1 Notice : General, Statutory Notice (Sec.80 of CPC ) and Notice (u/s. 138
of the Negotiable Instruments Act, 1881)
2.2.2 Agreement to sell
2.2.3 Sale Deed
2.2.4 Mortgage Deed
2.2.5 Lease Deed
2.2.6 Rent Note
2.2.7 Power of Attorney : General and Special
2.2.8 Gift Deed
2.2.9 Will and Codicil
2.2.10 Trust Deed
2.2.11 Partnership Deed

SUGGESTED READINGS:
1. Mogha’s Law of Pleadings with precedents: Eastern Law House
2. Bindra on Conveyancing Vol. I –III Law Publishers
3. S.C Ghosh, Principles & Forms of Pleading, Eastern Law House
4. K.S. Gopala Krishnan, Pleading and Practice (Civil & Criminal), ALT Publication
5. Chaturvedi A.N, Principles and Forms of Pleadings and Conveyancing with Advocacy and
Professional Ethics: Allahabad Law Agency
6. Pandit and Amin, Principles & Precedents of Pleading and Conveyancing
7. Shiv Gopal Conveyancing, Precedents & Forms, Eastern Book Co.
8. S.R.Myneni, Drafting, Pleading & Conveyancing, Asia Law House

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9. Swamy NM, Text Book on Drafting, Pleading & Conveyancing, Asia Law House
10. P.S.Narayan Civil Pleading & Practice,Asia Law House
11. P.S.Narayan Criminal Pleading & Practice, Asia Law House
12. K.K. Srivastava, Law Of Pleading, Drafting & Conveyancing, Central Law Agency.

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 PRACTICAL PAPER-II
MOOT COURT EXERCISE & INTERNSHIP (220602)

OBJECTIVES OF THE COURSE:

The Bar Council of India has through Rules of Legal Education, 2008 designed this
course as one of the Compulsory Clinical Course taking into consideration the development
of over all skill of law students including Oral Advocacy, skill of presenting the case,
Imagination, Rules for conducting Civil Case or Criminal Trail, visit to the courts,
Interviewing Techniques for gathering information from the clients and also pre-trial
preparations. The students are required to compulsory attend at least one Civil Case and one
Criminal Trial within a span of three years of LL.B Programme. The law students are
expected to observe dialogue between a lawyer and client and learn the skill of advocacy out
of it. As per the Rules of Legal Education, 2008, the entire course is divided into following
three components including 30 marks each to be written in journal, to be evaluated by the
college as well as a viva voce of 10marks to be conducted by the Saurashtra University.

Marks
(a) Moot Court (Three Exercises & Arguments) 30
(b) Observance and writing the proceedings of Trial in two cases, one Civil
and one Criminal 30
(c) Interviewing techniques, dialogues betweenAdvocate & Clients and Pre-
Trial preparations 30
(d) Viva –voce examination 10
Total 100
(a) MOOTCOURT: 30 Marks
Each student will conduct at least three Moot Courts in a semester with 10 Marks for
Each. The Moot Court work will be assigned Problems and it will be evaluated for 5 Marks
for written submissions and 5 marks for oral advocacy. The written submission shall be
recorded in the prescribed diary.
The panel to evaluate moot court performance of each student shall consist of the
Principal or his/her nominee and concerned teacher assigned with the subject.

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(b) OBSERVANCE OF TRIAL IN TWO CASES ONE CIVIL AND ONE CRIMINAL
Civil Case 15 Marks
Criminal Case 15 Marks
Students will attend two trials during their Course of Three Year’s LL.B. Programme.
They will maintain a record thereof and enter various steps observed during their attendance
on different days in the court Assignment (diary). Attendance and performance to be
certified by Advocates enrolled and recognized by the Bar Council.

(c) INTERVIEWING TECHNIQUES AND PRE-TRAIL PREPARATIONS.

- Interviewing techniques 15 Marks
- Pre-trial preparations. 15 Marks
Each student will observe two interviewing sessions of clients at the Lawyer’s
Office/Legal Aid Office and record the Proceedings in a diary. Each student will further
observe the preparation of documents and court papers by the Advocate and procedure for
filling of the suit/ petition. This will be recorded in the diary. Practical work is to be
evaluated by the Committee Constituted as per VI-CL. (c).

(d) VIVA-VOCE EXAMINATION ON THE ABOVE 10 Marks

Three aspects. Viva-voce examination is to be conducted by the committee constituted of
Principal and two examiners to be appointed by the University.

SUGGESTED READINGS:
1. Dr.S.R.Mayneni, Moot Court, Pre-Trial Preparation and Participation in Trial
2. Proceeding & Viva-voce, Asia Law House
3. Aggrwal Prof. Nomita & Mukesh Anand, Beginners Path to Moot Court, Universal Law
Publication Co.
4. Bahtia Prof. Dr. K.L. Moot Court and Mock Trial – Art to and Art of Advocacy :
5. Essentials of Court Craft, Universal Law Publication Co.
6. Om Prakasah Mishra, Moot Court Pre-Trial Preparation and Participation in Trial
Proceedings, Central Law Agency
7. Dr. Sant Prasand Gupta, Moot Court Pre- Trial Preparation and Participation in Trial
Proceedings, Central Law Agency
8. JPS Sirohi, Moot Court Etc., Allahabad Law Agency
9. H.N. Tewari, Moot Court, Allahabad Law Agency

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 PROFESSIONAL ETHICS & PROFESSIONAL ACCOUNTANCY FOR
LAWYERS AND BAR BENCH RELATIONS. (220603)
OBJECTIVES OF THE COURSE:
This is a Compulsory Clinical Course as prescribed under the Bar Council of India –
Rules of Legal Education, 2008. The very object of the course is that every law student must
not only become good lawyer, but also a good human being and should render his render his
service to the society. Instead of charging exorbitant fees, a lawyer should also utilized his
efficiencies, knowledge and skill by taking genuine cases without charging fees. A lawyer
should refrain from unethical practice and also respect the judges, his colleagues and his
clients. It is expected from the law colleges that this course should be taught in association
with practicing lawyers. The main purpose and objective of this course is to get every law
student realized that the legal profession is a noble profession having its own unique ethics
and dignity. Lawyer should concentrate upon rendering service to the poor and needy people
rather than earning of money. This course also contains the main provisions of the
Advocates’ Act 1961, the Contempt of Courts Act and also selected judgments of the Apex
court relating to the Professional Misconduct and selected opinions of the Disciplinary
Committee of the Bar Council of India. It also appraises the law students about various duties
of an advocate. The course also includes the necessary aspects of the accountancy for lawyers
and the relations between lawyers and judges (Bar –Bench Relations).

Theoretical examination: 80 Marks

Viva Voce Examination: 20 Marks
SYLLABUS:
UNIT: 1
1. Legal Profession :
1.1 Distinction between Business and Profession
1.2 Legal Profession :
1.2.1 History
1.2.2 Importance
1.2.3 Why Noble Profession?
1.3 Ethics and Code of Conduct of Legal Profession
1.4 Seven Lamps of Advocacy and meaning thereof
1.5 Hoffman’s 50 Resolutions for lawyer and importance thereof

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 1.6 Ten Commandments for lawyers
1.7 Bench –Bar Relations.
UNIT: 2
2. Advocates’ Act-1961 :
2.1 Admission, Enrolment, duties, Privileges and Rights of Advocate
2.1.1 Who can be admitted as advocate on a State Roll
2.1.2 Certificate for Enrollment
2.1.3 Disqualification for enrollment as an Advocate
2.1.4 Duties of an Advocate
• Towards client
• Towards Courts
• Towards Judges
• Towards his colleagues
• Towards Society
2.1.5 Rights and privileges of Advocates
2.2 Bar Councils
2.2.1 State Bar Council : Establishment, Organization,
2.2.2 Powers and functions of State Bar Council
2.2.3 Various committees of State Bar Council and Functions thereof
• Executive Committee
• Disciplinary Committee
• Welfare Committee
• Enrolment Committee
2.2.4 Bar Council of India : Organization
2.2.5 Various Powers and functions of the Bar Council of India
2.3 Rules relating to dress code of an Advocate
2.4 Professional Misconduct : Meaning
2.4.1 Professional Misconduct by advocate
2.4.2 Procedure for filing complaint against lawyer for professional misconduct
2.4.3 Punishment for Professional Misconduct
2.5 Accountancy for Lawyers : General Principles
UNIT : 3
3. Contempt of Court and Practice :

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 3.1 Contempt of Courts Act, 1971 :
3.1.1 Contempt of Court : meaning and nature
3.1.2 Distinction between Contempt of Court of Court and Professional
Misconduct
3.2 Categories of contempt under the Act : Civil and Criminal Contempt- Distinction
3.2.1 Civil Contempt : Essentials
3.2.2 Criminal Contempt of Court within the court and outside the court
3.2.3 Contempt of Court within the court and outside the court
3.2.4 Defenses in civil Contempt and in Criminal Contempt
3.2.5 Remedies against Punishment in contempt
3.2.6 Penalty provisions for the Contempt of Court under the Contempt of Courts
Act
3.3 Contempt jurisdiction of High Courts and the Supreme Court under the
Constitution of India.
3.4 Contempt Jurisdiction of the Subordinate Courts.
UNIT : 4
4. Important Cases and Selected Opinions of the Disciplinary Committee :
4.1 Important Cases of the Apex Court relating to Professional Misconduct of
Lawyers
4.2 50 selected opinions of the Disciplinary Committee
4.3 Important cases of the Supreme Court relating to the Contempt of Court

SUGGESTED READINGS:
1. Mr. Krishnamurthy Iyer’s Books on “Advocacy”
2. Dr. Kailas Rai, Legal Ethics Accountancy for Lawyers & Bench- Bar Relation: Central
Law Pub.
3. Dr. S.R. Myneni, Professional Ethic, Accountancy for Lawyers and Bench-Bar Relation,
Asia Law House
4. Subrmanyams, Commentaries on Advocate’s Act with Professional Ethics & Allied
Laws, Law Publishers India.
5. The Bar Council Code of Ethics
6. 50 selected opinions of the Disciplinary Committees of Bar Councils
7. Sanjiva Row,The Advocates Act, 1961, Lexis Nexis Butterworths
8. S.P. Gupta, Professional Ethics, Accountancy for Lawyers and Bench-Bar Relations

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9. JPD Sirohi, Professional Ethics, Lawyer’s Accountability, Bench-bar Relationship
10. GCA Subba Rao, Commentary on Contempt of Courts Act,1971,ALT Publications.
11. V.N. Shukla, Constitutional Law of India, Eastem Book Company
12. T.K. Tope, Constitutional Law of India, Eastern Book Company
13. M.P.Jain, Constitutional Law of India, Eastern Book Company
14. Authenticated Law Journals and Legal Software for perusal of Supreme Court Decisions.

Page 96 of 102
 ALTERNATE DISPUTE RESOLUTION (220604)

OBJECTIVES OF THE COURSE:

The above course is also one of the Compulsory Clinical Course prescribed by the Bar
Council of India- Rules of Legal Education, 2008. The Major concern of Law is conflict is
resolutions. Familiarization with the modalities and techniques of resolution of conflict is
necessary component in the endeavors of developing expertise in juridical exercise. The
Traditional justice delivery system through adjudication by courts had already given way to a
large extent of back log of cases. There are many alternative mode of dispute resolution in the
common law countries. The advent of globalization has enthused this transformation
everywhere. The Study of ADR is highly significant in molding the students of law to act as
soldiers of justice in the ever – changing socioeconomic scenario. The course aims to give the
students an insight into the processes of arbitration, conciliation an dimidiation in areas where
the traditional judicial system had its away in the past and in the new areas of conflicts that
demand resolution by alternative methods, No doubt, the course has to be taught with
comparative and international perspective with a view to bringing out the essential awareness
of the national and international system emerging at the present context. In this course there a
theoretical examination of 70 Marks to be taken by the University and the rest of 30 Marks
are to be given by the college evaluating the students through their visits to various ADR
centers, Arbitration Tribunals, Mediation Centers etc. Negotiation skill through practical
exercises.

Theoretical Examination: 70 Marks

Practical Exercises: 30 Marks

SYLLABUS:
THEORETICAL EXAMINATION: 70 Marks
UNIT: 1
1. ALTERNATE DISPUTE RESOLUTION:
1.1 Meaning object and importance
1.1.1 Arbitration, Conciliation, Mediation
1.1.2 Distinction between Arbitration, Conciliation and Mediation
1.2 Arbitration : Meaning and scope
1.3 Arbitration Agreement :

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 1.3.1 Essential, Kinds of Arbitration Agreement
1.3.2 Who can enter into Arbitration Agreement
1.3.3 Validity and reference to Arbitration
1.4 Arbitration Tribunal :
1.4.1 Appointment of the Arbitration Tribunal
1.4.2 Grounds for challenges
1.4.3 Procedure of the Tribunal :
1.4.4 Time, Place and Language of Hearing
1.4.5 Statement of Claim and defiance, counter claim and other proceedings
1.4.6 Jurisdiction and Powers of the Tribunal
UNIT: 2
2. ARBITRATION AWARD:
2.1 Rules of Guidance
2.2 Forms and Content of the Arbitration Award
2.3 Settlement through ADR
2.4 Interim Award, Award of interest by Arbitrator
2.5 Requirements of Valid Award
2.6 Correction and interpretation of Award
2.7 Grounds for setting aside the Award
2.7.1 Incapacity of the Party
2.7.2 Invalidity of Arbitration Agreement
2.7.3 Want of proper notice and hearing
2.7.4 Contravention of composition and procedure
2.7.5 Breach of conviviality
2.7.6 Impartiality of the arbitrator
2.7.7 Bar of limitation, res judicata
2.7.8 Consent of Parties
2.8 Termination Proceedings
2.9 Powers of Arbitrators.
UNIT: 3
3. ENFORCEMENT OF THE FOREIGN AWARD AND MISCELLANEOUS:
3.1 Foreign Award, International and Commercial Arbitration: Essentials
3.2 Choice of place and proper law of arbitration
3.2 Enforcement of Foreign Awards: Procedure and essentials

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 3.2.1 New York Convention Awards
3.2.2 Geneva Convention Awards
3.3 Conciliation, Conciliators: Number and qualifications, appointment procedure
3.4 Principles of Conciliation Procedure, Procedure, Settlement, Restrictions on the
role of conciliators. Termination of Conciliation proceedings
3.5 Rule making powers of High Courts and Central Government

PRACTICAL EXERCISE: 30 Marks

(i) Negotiation skills to be learned with simulated program
(ii) Conciliation skills
(iii) Arbitration Law and Practice including International arbitration and Arbitration
rules.
The above mentioned exercises are required to be conducted by senior legal practitioners
through simulation and case studies. At least three practical exercises/case study reports shall
be written in a journal after having visited the Arbitration – Conciliation Centers by a student.
Evaluation thereof shall be conducted in practical exercises to be submitted by a student in a
journal/diary to the concerned law college.

SUGGESTED READINGS:
1. Avtar Singh, Law of Arbitration and Conciliation and Alternative Dispute Resolution ,
Estern Book Company
2. Dr. S.C.Tripathi, Alternative Dispute System (ADR), Central Law Publication
3. Dr.S.K. Roy chowdhary & H.K. Sahray, Arbitration & Conciliation, Eastern Law House
Sukumar Ray, ADR, Eastern Law House
4. S.K.Chawla, Law of Arbitration & Conciliation including other ADRs, Eastern Law
House
5. Madhusudan Saharay, Textbook on Arbitration in& Conciliation with Alternative Dispute
Resolution, Universal Law Publishing Co. New Delhi
6. B.P.Saraf and M. Jhunjhunuwala, Law of Arbitration and conciliation, Snowwhite,
Mumbai.
7. Gerald R. Williame (ED), The New Arbitration and Conciliation Law of India, Indian
Council Of Arbitration, New Delhi.
8. A.K.Bansal, Law of International Commercial Arbitration, Universal, Delhi.

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9. P.C.Rao & William Sheffuekd, Alternative Disputes Resolution –What it is and How it
works? Universal, Delhi.
10. G.K.Kwatra, the Arbitration and Conciliation Law of India, Universal, Delhi.
11. Basu N.D Law of Arbitration and Conciliation, Universal, Delhi.
12. Joharu, Commantary on Arbitration and Conciliation, Universal, Delhi.
13. Johri Commantary on Arbitration and Conciliation Act, 1996, Universal, Delhi.
14. Markanda P.C.Law relation to Arbitration and Concilation, Universal, Delhi.
15. Dr.S.R.Myneni, Alternate Dispute Resolution, Aisa Law House
16. Dr.U,Pattabhi Ramiah, Arbitration & ADR, Aisa Law House
17. Dr.N.V. Paranjape, Arbitration & Alternative Disputes Resolution, Central Law Agency.
18. S.P.Gupta, Arbitration & Conciliation, Allahabad Law Agency.
19. Justice P.S. Naryana, The Arbitration and Conciliation Act, 1996, ALT Publications
20. Sarfaraz Ahmed Khan, Lok adalat : an effective alternative dispute resolution mechanism,
A.P.H Pub. House, New Delhi.

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 LEGAL LANGUAGE/LEGAL WRITING INCLUDING GENERAL
ENGLISH (220605)

OBJECTIVES OF THE COURSE:

This course is designed with a view to see that every law student must have basic
knowledge of English, in the era of Globalization, there will be more litigations involving
foreign and/or multi-national companies. Moreover, the International Treaties, Agreements
and judgments of the Apex Court as well as High Courts are in English Language. The Law
students should be conversant with the Latin Terminology frequently used and accepted by
the Indian Judiciary and Lawyers. The writing of essays, pricy writing, comprehension etc.
will further improve the drafting skill and command over the language. The course also gives
importance to the development of translation skill and the study of legal problems. Over all,
the above course will definitely help the law students during their practice as an advocate.
SYLLABUS:
1. Essay on the topics relating to law
2. Legal Phrases
3. Comprehension or Précis Writing
4. Translation
5. Practical Legal Problems relating to Law of Crimes, Law of Torts, Law of
Contract and Family Law.

SUGGESTED READINGS:
1. Prof. K.L.Bhatia, Legal Language & Legal Writing, Universal Law Publishers
2. B.M.Gandhi, Legal Writing and General English, Eastern Book Company
3. R.L.Jain, Legal Language/Writing (Including General English), Central Law Agency
4. M.P. Tandon, Legal Language, Legal Writing, Allahabad Law Agency
5. S.K. Mishra, Legal Language, Legal Writing, Allahabad Law Agency
6. S.E. Myneni, Legal Language and Legal Writing, Asia law House
7. Rega Surya Rao, Lectures on Legal Language and Legal Writing, Asia Law House
8. Sridgar M., Legal Language, Asia Law House

INSTRUCTIONS: Students are requested to peruse the concerned law books for
perusal of Practical Legal Problems prescribed in Unit No. 5

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 PROJECT AND CLINICALWORK (220606)

OBJECTIVE OF THE COURSE:

Translation of thoughts into words- spoken and written is an essential ingredient of an
effective lawyer. The students should be trained in drafting of pleadings and conveyances and
other essential documents. The skill of drafting and preparation of relevant documents can be
acquired and sharpened by undertaking the exercises under the supervision of an expert in the
field. The course aims at equipping the students with drafting skills and preparation of
documents skill.

SYLLABUS:
UNIT-1
PROCEDURE FOR JUDICIAL DRAFTING (ANY THREE)
1. Birth and Death Registration Process
2. Consumer Complain
3. Application / Complaint under the Domestic violence Act
4. How to Draft a Legal Notice and its reply
5. Cr.P.C. 125- Maintenance
6. Labour Complain
UNIT-2
PROCEDURE FOR NON JUDICIAL DRAFTING (ANY TWO)
1. I.P.R. Registration (Patent, Trademark, Copy Right and Design)
2. Marriage Registration
3. Trust Registration
4. Mortgage Registration

Note : Each students has to prepare five hypothetical cases with relevant
Documents
Cases: 75 Marks Viva : 25 Marks
SUGGESTED READING:
1. P.S.Narayan Civil Pleading & Practice,Asia Law House
2. P.S.Narayan Criminal Pleading & Practice, Asia Law House
3. K.K. Srivastava, Law Of Pleading, Drafting & Conveyancing, Central Law Agency.
4. K.S. Gopala Krishnan, Pleading and Practice (Civil & Criminal), ALT Publication
5. Universal Law Publishing’s Intellectual Property Laws

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