BA(H).LLB V 2021 Detailed Syllabus (Semester wise /course wise) SEMESTER 8 Year -4 LW5801 Title: Code of civil procedure I and limitation act UTP 5106 Version No. 10 Course Nil Prerequisite s Objectives To acquaint the students with the basic principles and objective of procedural Jaw in civil matters and to enable the students to understand the importance of procedural law vis a vis substantive law especially with regard to basic concepts like framing a suit, joinder and misjoinder of parties, causes of actions, Res judicata, jurisdiction, interim orders ete. Expected Outcome | The goal of this course is to make students capable of understanding the civil law and to know the concept of the overall concept of civil procedure code. Unit No. Unit Title No. of hours(per Unit) Unit Introduction 2 ‘Nature, scope and significance of Civil Procedure, Meaning of suit, Essentials of a suit, Parties to a suit (0.1):Joinder, Non-Joinder and Misjoinder of parties, Representative suits, Frame of suit , Joinder of causes of action, Split of cause of action and Resjudicata (order II Rule2), General rules of pleading, amendment of pleadings (order VI VII), Written Statement, set off, counterclaim (order VI) ),Plaint (order Unit 1 Suits in general 12 Jurisdiction: Meaning, Lack of jurisdiction and irregular exerci of jurisdiction Courts to try all suits of eivil nature unless barred ( $.9), Place of suing (S. 15- 20), Objections to jurisdiction (Section 21), Res subjudice (section 10), Resjudicata (S.11): General conditions of Resjudicata, Matters directly and substantially in issue, Constructive Resjudcata, Resjudicata and estoppel Foreign Judgements: Meaning Sec. 2(6), Unit 11 Summons and discovery 8 Judgement{section2(9)] and Decree[section 2(2)], Distinction between Decree and Order{section2(14), Services of ‘Summons to defendants (Ss. 27-29, order V); Summons to witness (Ss. 30-32, order XVI), Appearance of parties and consequence of non-appearance (order IX): Inherent powers of the Court(sections 148 to 153) Unit IV Incidental 6 proceedings Interim orders- Commissions (Section 75-78) (order XXVI); Arrest and Attachment before Judgment (0.38); ‘Temporary injunctions (0.39), Appointment and duties of Receiver (0.40) Suits by or against Government and Public Officer (Ss 79-82) Unit V Limitation act 6 (Definitions, limitation of suits, appeals and application, Acquisition of ownership by possession. ‘Text Books 5. Mulla, The Code of Civil Procedure, 6, 19th edn,, 2017 Takwani, C.K., Civil Procedure Reference Books | Mathur, D.N, The Code of Civil Procedure, Singh, Avtar , Code of Civil Procedure, Central Law Publications, Allahabad, 41 Sentral Law Publications, Allahabad, 4th edn., 2017 th edn, 2015, Internal and External Examinations Recommendation by Board of 18-08-2021 Studieson ‘Quantum University ~ Syllabus (Batch 2021-26) Page 145B.A(H).LLB V 2021 Dventum LW5802 tle: Property law LTPC 5106 Version No. 10 Course Nil Prerequisite 5 Objectives Before the enactment of the Transfer of Property Act, 1882 in India the transfer of property was govemed by its respective customary law. The Courts during, this period applied the common law of England and the rules of equity, justice and good conscience with respect to disputes relating to transfer of property. The conflicting Judgments and unsuitability of these principles in Indian scenario necessitated the enactment of legislation, Expected Outcome [The goal of this course is to make students capable of dealing with issues related [property law and to gain knowledge to deal with the property. Unit No. Unit Title No. of hours(per Unity Unit T Introduction 8 Movable/Immovable Property (Sec.3),Doctrine of Notice (Sec. 3), Actionable Claim (Sec. 3), Transfer of Property (Sec. 5),Non-transferable Properties & Persons Competent to transfer (Sec. 6,7),Conditions restraining alienation and Conditions repugnant to Interest Created (sec. 10 and 11), Transfer for the benefit of Unborn Persons and Rules against Perpetuity (Sec. 13-18),Case Laws: Shanta Bai v. State of Bombay, AIR 1958 SC 532 Ram Baran v. Ram Mohit AIR 1967 SC 744 Unit 11 Transfer of property by act of parties 2 Vested and Contingent Interests (Sec. 19 and 21),Conditional Transfers- Condition Precedent and condition subsequent (Sec.25- 34),Doctrine of Election (Sec. 35),Apportionment, Transfer where one party is entitled to maintain, Burden of obligation, Case Laws: Rajesh Kanta Roy v. Shanti Debi AIR 1957 SC 255, Mumbai Intemational Airport v. M/S Golden Chariot Airport & Anr (2010) 10 SCC 422 Unit 101 ‘Transfer of immovable property 10 Transfer by ostensible owner (Sec. 41);Transfer by unauthorized person who subsequently acquires interest (Sec. 43), Transfer by one co-owner, Priority of rights created by transfer, Transfree’s right under policy, Fraudulent transfer (Sec. 53):Improvements made by Bonafide Purchaser under defective title(Sec. $1);Transfer during pendency of litigation (See. 52),Fraudulent transfer, Doctrine of Part Performance (Sec 53-A), Unit IV Sale and mortgage a Sale-Definition, Mode of Execution; Contract for Sale (Sec S4),Rights and liabilities of buyer and seller(secSS),Mortgage- Definition; Kinds of Mortgage: Mode of Execution, Redemption and foreclosure of mortgages; Clog on equity of redemption, Lease- Definition; Duration; Mode of Execution, Gift- Definition; Mode of Execution, Onerous gift: onerous gift to disqualified person, Universal donee. Unit V Actionable claims 8 Transfer of actionable claim, Liability of transferee of actionable claim, Warranty of solvency debtor, Mortgage debt, Assignments of rights under policy of insurance against fire, Incapacity of officers connected with courts of justice Text Books 7. Dr. R.K. Sinha, The Transfer of Property Act(Central Law Agency, 2018) 8. Prof. GP. Tripathi, The Transfer of Property Act, 1882 (Central Law Publications, 2014). Reference Books [Dr. Avtar Singh Textbook on The Transfer of Property Act (Universal Law Publishing Co. Pvt. |Ltd., 2016). [B.B. Mitra and SenGupta, Transfer of Property Act, 1882(Kamal Law House, Mode of Intemal and External Examinations Evaluatio 0 OO eee ‘Quantum University ~ Syllabus (Batch 2021-26) Page 147ES B.A(H).LL.B V 2021 LWs804 Title: Alternative Dispute Resolution LTPC &2: 86 Version No. 1.0 Course Nil Prerequisites ‘Objectives Alternative Dispute Resolution has become the primary means by which cases are] resolved now days, especially commercial, business disputes. It has emerged as the] preferred method for resolving civil cases, with litigation as a last resort. Expected This subject will be helpful to understand basic concept of law and legal system. Outcome Unit No. Unit Title No. of hours (per Unit) Unit Concept of ADR. 9 Meaning, Nature and Genesis of Alternative Dispute Resolution, Forms of ADR Mechanism, Legal Framework: Legal Services Authorities Act, 1987, Legal Aid Unit ‘Negotiation and Mediation 8 Negotiation, Theories, Development and its types, Qualities of Negotiator and Process for Negot Negotiation, Mediation, Good Offices mn, International Unit I ‘Arbitration and Conciliation 10 Interim Measures, Enforcement, Conc “Arbitration Agreement, Essentials, Rule of Severability, Composition of Arbitral Tribunal, Extent of Judicial Intervention Power of Court to refer Parties to Arbitration, Jurisdiction of Arbitral Tribunal, Competence,| Competence of Arbitral Tribunal, Conduct of Arbitral Proceedings, Place of Arbitration, Arbitral Award, Termination, jiation and its Mechanism, Unit V. International Perspective I 6 International Commercial Arbitration, New-York and Geneva Convention. Mode of Evaluation Unit V International Perspective IT Zi UNCITRAL Model Law, Treaties etc., Enforcement of Foreign Award and Jurisdictional Issue Text Books 1. 1G. Merrill's, International Dispute Settlement. U.K: Cambridge University Press, 2005(Fifth Edn) 2. 2. Avtar Singh, Law of Arbitration and Conciliation, Bastern Book Company, 2013(10th Edn) Reference Books | Robert J. Niemic, Donna Stienstra and Randall E, Ravitz, Guide to Judicial Management of Cases in ADR, Federal Judicial Centre, 2001 J. Auerbach, Justice Without Law? Oxtord University Press, 1983 Internal and External Examinations ‘Recommendation by Board of Studies on 18-08-2021 Date of approval by the Academic Coun 14-11-2021 Quantum University Page 149B.A(H).LLB V 2021 Qu TLW5803 Title: Company Law TAPS 5106 Version No. 10 Course None Prerequisites Objectives The purpose of this paper is to familiarize the students with the meaning, scope and the sources of company law in India. Enhancing the level of students with reference tounderstanding of regulation of company Expected Outcome | Students will know an advanced and integrated understanding of company law and understand the impact of these laws on business Unit No. Unit Title No. of hours (per Unit) Unit Introduction of Company Law 9 ‘Company- Meaning, Characteristics and types of company, Private limited Company, Public limited Company, Lifting of thecorporate veil, Difference between company and partnership, Company Law in India. Introduction of company act 2013. Unit Formation of Company 9 Incorporation of Company, Mode of incorporation of company, Document to be filed with the registrar, Effect of registration ofcompany, promoter role of promoters of company. Unit IIT ‘Memorandum of Association & Article of 8 association ‘Memorandum of Association: Meaning, and importance of memorandum for company, Contents of memorandum, Alteration of memorandum, Doctrine of ultra vires, Article of association meaning and concept, content of Article, Alteration of article, MOA vsAOA. Unit 1V Prospectus & Company Management 8 Prospectus: meaning, dating of prospectus, registration of prospectus, Contents of prospectus, Directors: Definition, number of Directors, Appointment of Directors, Position of Directors, Meetings of directors, powers of directors, duties of directors Unit V “Meetings & Winding Up of Company ® ‘Meetings: Types of company, notice of meeting, ordinary business and special business, Quorum for meeting, Chairman of the meeting, Minutes of meetings, resolutions, Winding Up of company: Meaning, modes of winding up, grounds for compulsory winding up, procedure of winding up by thecourt. Text Books I. _N.D. Kapoor,Elements of Mercantile Law, Sultan Chand &Sons. 2._G.K. Kapoor, Company Law, Taxmann Publication Pvt.Ltd. Reference Books | 1. K.C. Garg, Company Law, Kalyani Publishers. Mode of Tntemal and External Examination Evaluation Recommendatio | 18-08-2021 n byBoard of Studies on Date of approval | 14-11-2021 by Course Outcome for LW5803 S———————— Quantum University — Syllabus (Batch 2021-26) Page 151B.A.(H).LL.B V 2021 LW5806 Title: Environment law LT Tc 5106 Version No. 10 Course Nil Prerequisite s Objectives ‘An introduction to the concepts and principles which underpin environmental law from the national to the international law. The course will address Constitutional law provisions relating to the environment; Sustainable development as a legal concept and related environmental protection principles Expected Outcome | The goal of this course is to make students capable to Identify key environmental issues at the planetary, intemational, national, state and local level Unit No. Unit Title No. of hours(per Unit) Unit 1 | Introduction 10 Human Environment, 1972 (Stockholm Declaration, 1972) Definitions and Concepts: Environment, Ecology; Biodiversity; Pollution, Climate Change, Common Law and other statutory remedies: Law relating to Public Nuisance: Indian Penal Code (Ss. 268 and 290) Criminal Procedure Code (Ss. 133 & 144) and Civil Procedure Code (S91), Constitutional Prov’ Fundamental Duties Art 48 A, 51 A (g) and Right to Clean and Healthy Environment United Nations Conference on ins: Directive Principles of State Policy, Unit Prevention and control of pollution in India 10 ‘Aim and Objective of Rules 2000; Noise pol the Water (Prevention, Control and Abatement of Pollution) Act 1974 and the Air lution and Judicial Approach (Prevention, Control and abatement of Pollution) Act 1981, Role of the Statutory bodies constituted under the Water Act, 1974 and the Air Act 1981 in controlling , preventing and abating water pollution in India. The Role of Central and State Governments in controlling, preventing and abating water and air pollution in India; Liability of Corporations for water and air pollution, Noise Pollution and its control: Noise Pollution (Control and R egulation) Unit 111 Protection and conservation of forest and life 12 The Forest (Conservat purpose, Symbiotic Ri Scheduled Tribes and wild life and wild life Forest Rights Act, 2006 Forest rights under the Ai tion) Act 1980; Aims and objectives; Conservation Agencies, Prior approval and Non Forest lationship between forest and tribal people, denudation of forest and Judicial approach The ‘ecognition of, and vesting of, forest rights in forest dwelling other traditional forest dwellers. Authorities and Procedure for Vesting of Forest Rights, Wild articles; Offences against wild life life Protection Act, 1972: Sanctuaries and National parks; Licensing of zoos and parks; State monopoly in the sale of Unit V. Emerging Principles: International and national perceptive 6 Polluter pays, Precautionary principles, Public Trust Doctrine, Sustainable Development, Role of Indian Tudiciary in evolving these Principles Unit V I International Environment Law 6 International Trade in Hazardous Waste; Convention on Control of Trans boundary Movements of Hazardous ‘Wastes and their Disposal (Basel Convention 1989), Customary Intemational Law concerning Trans boundary Pollution and Environmental Harm: In context of contribution made by the Rio Declaration, the International Law Text Books | Commission and Intemational Court of Justice 9, Armin Roseneranz and Shyam Diwan: Environmental Law and Policy in India, Oxford, 2005 10. P Leelakrishnan, Environmental Law in India, (2nd Edn.), Lexis Nexis, New Delhi, 2005. Reference Books Jaswal, P.S: Environmental Law, Allahabad Law Agency Stuart Bell, Donald McGillivray, Ole Pedersen, Emma Lees, and Elen Stokes , Law Environmental eee ‘Quantum University ~ Syllabus (Batch 2021-26) Page 153ES B.A(H).LL.B V 2021 LW5825 Title: Socio Economic Offences LTPC 5106 Version No. 10 Course Nil Prerequisite s Objectives “The goal of this course is to make students capable of understanding the concept ‘of socio economic offences its types and different acts which comes under it Socio economic offences are serious in nature and the motive is to provide the knowledge of the subject. Expected Outcome | The goal of this course is to make students capable of understanding the concep of socio economic offences its types and different acts which comes under it, Socio economic offences are serious in nature and the motive is to provide the knowledge of the subject. - Unit No. Unit Title No. of hours(per Unit) Unit 1 Introduction 10 ‘Meaning of socio economic offences, nature of socio economic offences, types of s jo economic offences, Mens Rea, Nature of Liability, Burden of Proof and Sentencing Policy, Concept of White Collar Crimes, Distinction among Socio-Economic Offences, White Collar Crimes and Traditional Crimes,) Socio-Economic Off ‘The Santhanam Committee Report, 1964 and the 47th Report of the Law Commission of India, 1972. ences in India: Unit The narcotic drugs and psychotropic substance act, 1985 10 Definition of Narcotic Drags and Psychotropic Substances, Authoriti and officers section 4,6, National Fund for Control of Drugs Abuse Section 7A, Prohibition Control and Regulation, Section8, 9, 9, Offences and Penalties, Section 18, 19, 21, 22, 25A, 27, 27A, 30, 31, 31A, 32, 32A, 33, 35, 36, 36A, 37, 39, Procedure Section, 41, 42, 43, 50, 52, 54, 58, 60, 64. Unit HI ‘The food safety and standard act, 2006 12 ‘The Food Safety and Standards Act, 2006: Definitions of ‘food’, *Adulterant’, ‘contaminant’, “food business’, ‘misbranded food” Food, Safety and Standards Authorities of India & State Food Safety and Standards Authorities: Establishment and functions, Food Safety Officer- Power, Function and liabilities, General Principles to be followed for food safety under the Act (Secti 10 offence and penalties (Sections 48 to 67) mn 18), Licensing and Registration of food business (Section 31), Provisions related Unit IV ‘The prevention of corruption act, 1988 8 Need of the Act (read with Santhanam Committee Report), Definitions of ‘public servant,” Section 2 (c) and ‘gratification,’ Section 7, Offence committed by public servant and bribe giver and their Penalties (Section 7 to 14), Punishment for attempts (Section 15), Sanction for prosecution (Section 19 r/w Section 197 of the Code of Criminal Procedure, 1973) Unit V ‘The prevention of money laundering act, 2002 6 ‘Need for combating Money-Laundering, Magnitude of Money-Laundering, its steps and various methods, The Prevention of Money-Laundering Act, 2002, Definition of ‘Money Laundering’, Section 3 & 2(1)(p), Punishment for Money Laundering (Section 4) Text Books 13. Mahesh Chandra, Socio- Economic Offences (1979), 14, _1.S.P. Singh, Socio- Economic Offences (Ist Ed., 2005, Reprint 2015) Reference Books 0. B.R. Boetra, The Immoral Traffic (Prevention) Act 1956 (with state rules) (4th Ed., 1988) 1. M,C. Mehanathan, Law on Prevention of Money Laundering in India (2014) Mode of Taternal and External Examinations Quantum University ~ Syllabus (Batch 2021 ~ Page 159