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First Semester: Paper - I Jurisprudence

The document outlines the syllabus for a law program, detailing five papers covering Jurisprudence, Law of Contract, Law of Crimes, Law of Tort, and Constitutional Law. Each paper includes various topics, such as the nature and value of jurisprudence, contract formation, criminal liability, tortious liability, and fundamental rights. Prescribed readings for each paper are also listed to support the curriculum.

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0% found this document useful (0 votes)
280 views7 pages

First Semester: Paper - I Jurisprudence

The document outlines the syllabus for a law program, detailing five papers covering Jurisprudence, Law of Contract, Law of Crimes, Law of Tort, and Constitutional Law. Each paper includes various topics, such as the nature and value of jurisprudence, contract formation, criminal liability, tortious liability, and fundamental rights. Prescribed readings for each paper are also listed to support the curriculum.

Uploaded by

555smokersblast
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

First Semester

Paper – I
JURISPRUDENCE

1. Nature and value of jurisprudence, various Schools of jurisprudence and


their methodology – Positivistic schools – Austin, Salmond, Kelsen,
Hart. Hart–Fuller Conflict – Comparative Jurisprudence – Marxist theory
– Historical Schools – Savigny and Henry Maine – Modern status of
Natural Law – Sociological Jurisprudence – Legal realism. Feminist
Jurisprudence – Critical Legal Studies.
2. International Law, Constitutional Law, Authority and Territorial Nature
of Law, Law and Fact, Functions and purpose of Law.
3. Law and Justice – Different Theories of Law and Justice – Rawls Theory
– Distributive Justice – Corrective Justice – Natural Justice – Civil and
Criminal Justice – Merits and defects of Administration of justice –
Essentials of Criminal and Civil Justice – Theories of Punishment and
their comparative evaluation.
4. Sources of Law – Meaning of the term sources – Legislation –
Codification of statutes – Interpretation of enacted law – Custom –
Reasons for the reception of custom and prescription – Customary Law –
Legal custom and conventional custom – General custom and local
custom. Precedent – authority of precedent – over-ruling – prospective
and retrospective – Ratio decidendi and obiter dicta and stare decisis.
5. Elements of law – The juristic concepts of Rights and Duties; possession
and ownership – Titles – Liability and Obligations; persons, property and
procedure.
Prescribed Readings:
1. Friedman, Legal Theory. (5th Edn. Chapter 1,3,5,7 to 14,19,20,
Columbia University Press)
2. Salmond, Jurisprudence (Sweet and Maxwell, 1966)
3. Paton, Jurisprudence.
4. Dias, Jurisprudence. (Aditya Books, 1985)
5. Lloyd, Introduction to jurisprudence, (Sweet and Maxwell, 1994)
6. [Link] Pillai, Jurisprudence.
7. [Link], Jurisprudence (1996)
8. [Link], Legal Philosophies. (Butterworths, 1993)
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9. N.K. Jayakumar, Lectures in Jurisprudence.
10. V.D. Mahajan, Jurisprudence and Legal Theory

Paper – II
LAW OF CONTRACT

1. General features of Contracts - classification – Historical Development,


of the law of contracts.
2. Formation of contracts with special reference to the different aspects of
offer and acceptance – Consideration – Privity of contracts – Charitable
subscriptions Consideration and discharge of contracts – Doctrine of accord
and satisfaction.
3. Capacity of parties – Minority – Indian and English Law - Mental
incapacity. Drunkenness – Other in – capacities like political status and
corporate personality.
4. Factors invalidating contracts like, mistake, coercion, undue influence,
fraud, misrepresentation and unlawful object, immoral agreements and those
opposed to public policy, consequences of illegality.
5. Void, voidable and contingent agreements – Legal proceedings and
uncertain agreements – Wagering agreements – contingent contracts.
6. Performance of contracts – privity of contracts and its limitations –
Assignment of liabilities and benefits – Time and place of performance –
Reciprocal promises – Appropriation of payments – Contracts which need
not be performed.
7. Breach and impossibility – Meaning of Breach – Anticipatory breach –
strict performance – Impossibility of performance and doctrine of frustration
– Effect of frustration – discharge of contract by operation of law.
8. Damages – Nature and meaning of Rule in Hadley’s case penally and
liquidated damages.
9. Quasi contracts – Nature and basis of Quasi contracts, Insurance of Quasi
Contracts – Quantum merit.
10. Specific Relief – General Principles – Parties in relation to specific
performance – Specific performance of part – Rescission, rectification and
cancellation – Preventive relief by way of injunction.
Prescribed Readings: (With amendments)
1. Guest A.G. Anson’s Law of Contract, (Clarendon Press, Oxford).
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2. Pollock and Mulla. Indian Contract Act.
3. [Link] Nair. The Law of Contracts. (Orient Longman, Ltd)
4. Subba Rao, Law of Contracts
5. Dr. Avtar Singh. Law of Contracts
6. V.D. Kulshreshta. Indian Contract Act.
7. Halsbury’s Law of England ( IV Edn. Reissue) Vol. 31 p. 611-690,
Vol.32p.l-45
8. Leake M.S. Principles of the Law of Contract
Paper – III
LAW OF CRIMES – PAPER - I – PENAL CODE

1. Concept and Nature of Crime – definitions – General principles of Criminal


Liability – Constituent Elements of Crime – Intention – Dishonestly –
Fradulently – Maliciously etc. – Exceptions to Mens rea in Statutory
Offences - General Defences and Exceptions.
2. Inchoate Offences – Attempt – Distinction between preparation and attempt
– group liability – common object – aiding and abetting – unlawful
assembly – rioting – Principal and Accessories.
3. Joint and Constructive Liability – Accessories after – Jurisdiction – personal
– Territorial – extra-territorial – Extradition as an exception to Jurisdiction –
Punishment.
4. Offences affecting the State - Armed Forces – Public Peace – Public
Administration – Offences by Public Servants and by Others –
Administration of Justice – Elections – Public Economy – Public Nuisance
– Offences against Religion.
5. Offences against Human Body – Causing Death – Culpable Homicide –
Murder – Culpable Homicide not amounting to murder – Rash and
negligent act causing death – Dowry death – Attempts – Suicide – Abetment
– Hurt – Grievous hurt – Criminal force and Assault – Offences affecting
liberty – Kidnapping – abduction etc – Sexual Offences – Rape – Custodial
Rape – Homosexuality – Prostitution – Suppression – Regulation and
abolition of Abortion – [Link].
6. Offences against property – Theft – Extortion – Robbery – Dacoity –
Criminal misappropriation – Criminal breach of trust – cheating – forgery –
fraudulent deeds – mischief – trespass – house breaking – arson etc. –
Offences against public safety and health – Terrorist activities –
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disturbances of public order – adulteration of food and drink – offences
against environment.
7. Offences by or relating to public servants – illegal gratification – corruption
– Offences relating to marriage – mock marriages – adultery – bigamy –
offences relating dowry – Offences relating to reputation – defamation –
libel and slander – Property Dispossession without consent – fraudulent
deeds – fraudulent transfers – mischief – use of false tokens for fraudulent
purpose.
Prescribed Readings: (With amendments)
1. Outlines of Criminal Law, Kenny
2. Indian Penal Code, Ratanlal
3. Criminal Law Text and Materials 1990, Clarkaon and Keaty
4. Penal Law of India, [Link] Hari Singh Gour
5. Some Aspects of Criminal Law, [Link]
6. A Text Book on the Indian Penal Code, [Link]
7. Law of Crimes, [Link]
8. Criminal Law Cases and Materials, Ratanlal & Dhiraj Lal
9. Criminal Law, [Link]
10. Criminal Law, [Link] Pillai
11. Principles of Criminal Law, Andrew Ashwarth 1995
12. Text Book of Criminal Law, Glanwille Williams
13. Law of England, Halsbury, Vol II pp,16-536

Paper – IV
LAW OF TORT INCLUDING MOTOR VEHICLES ACCIDENT AND
CONSUMER PROTECTION LAWS

1. Definition – Distinction between tort and crime – Tort and contract –


foundations of tortuous liability – Essential conditions of liability in tort
– damnum sine injuria – injuria sine damnum – Principles of insurance in
tort – defences – capacity of parties.
2. Master and Servant – vicarious liability -distinction between servant and
independent contractor – course of employment – common employment
– servant with two masters – liability of the state.
3. Joint tortfeasors – Remedies – judicial and extra judicial remedies –
kinds of damages – Remoteness of damages – Novus actus intervenious –
12
Foreign torts – Effect of death of parties in tort – Strict liability – Rule in
Rylands v. Fletcher -
4. Assault – Battery – False imprisonment – Nervous shock – Defamation –
slander – libel – Innuendo – Defences – Justification – fair comment –
privileges – Tresspass to land – trespass to goods – Deceit – Rule in
Derry v. Peak – Negligence – Res ipsa loquitor – contributory negligence
– The last opportunity rule – Nuisance
5. Liability under Motor Vehicles Act 1988 – Compensation in Motor
Vehicle Accidents – nature and extent of insurer’s liability – claims
tribunal – award of compensation.
6. Concept of consumer protection – Consumer protection under the
Consumer Protection Act 1986 – Definitions – consumer – goods –
services- Defect – Deficiency - Unfair Trade Practice – Restrictive
Trade Practices - Commercial Service - Consumer Safety - Public Utility
Service- Liability of Doctors and Hospitals and Other Professionals,
Engineers, Lawyers etc – Consumer disputes redressal agencies –
composition and jurisdiction – Remedies – Role of consumer protection
councils.
Prescribed Readings: (With amendments)
1. Salmond, Law of Torts
2. Winfield, Law of Torts
3. [Link] Pillai, Law of Torts
4. Consumer Protection Act, 1986
5. Gurjeet Singh, The Law of Consumer Protection in India (New Delhi, Deep
and Deep Publications 1996)
6. Avtar Singh, The Law of Consumer Protection (2nd Ed. )
7. Halsbury’s Laws of England (IV Ed. Reissue Vol.45 pp 555-725)
8. R.K. Bangia, A Handbook of Consumer Protection Laws and Procedure
9. P.K. Sarkar, The Motor Vehicles Act, 1988
10. R.K. Bangia, Law of Torts

Paper – V
CONSTITUTIONAL LAW – I

Introduction: - Historical Background – The nature of the Constitution – Salient


features of the Constitution.
13
Preamble: - Significance and importance – Declaration of the objectives of the
State - Preamble and interpretation of the Constitution.
Union and its territory (Art. 1-4): - Territory of India – Admission and alteration
of boundaries – formation of new States - Cessation of Indian Territory to foreign
country.
Citizenship (Art: 5-11) - Meaning of citizenship – Various Methods of acquiring
citizenship – Termination of citizenship – Relevant provisions of the Citizenship
Act, 1955.
Fundamental Rights (Art 12-35): - (a) General – Definition and nature of
Fundamental Rights – Balance between individual liberty and collective interest –
Definition of State (Art :12)
(b) Violation of Fundamental right (Art. 13) – Doctrine of ultravires –
Pre-constitution Laws –Doctrine of severability – Doctrine of eclipse – Post
Constitutional Laws _ Doctrine of waiver – “Law” and “Law in Force”.
(c) Equality (Art.14-18) – Introduction – Equality before Law and equal
protection of Laws classification – Test of reasonable classification Rule against
arbitrariness – No discrimination on grounds of Religion, Race, Caste etc. Special
provisions for Women and Children – Special provisions for advancement of
Backward classes – Equality in Public Employment – Reservation for Backward
Classes – Abolition of untouchability – Abolition of Titles.
(d) Right to Freedom (Art. 19) - Meaning and Scope -Test of
Reasonableness –Rights apply to Citizens only.
(e) Protection in respect of convication for offences (Art. 20) – Nature and
Scope – Doctrine of expost facto Law – Rule of double prohibition against double
jeopardy – protection against self incrimination.
(f) Right to life and personal liberty (Art. 21) – “Personal liberty” –
Meaning and Scope - Interrelation of Art. 14, 19 and 21 – New judicial trends in
interpretation of Art. 21 “Due Frocess of Law” and “Procedure established by
Law “– Concept of Liberty and Natural Justice – Emergency and Art. 21.
(g) Protection against Arbitrary Arrest and Detention (Art. 22) – Rights of
detenue – Rights to be informed of grounds of arrest, right to be defended by a
lawyer of his own choice, right to be produced before a magistrate – Preventive
detention Laws.
(h) Right against exploitation (Art. 23-24) – “Traffic in Human beings”
and “Forced Labour” – Prohibition of employment of children in factories etc.

14
(i) Freedom of Religion (Art. 25, 26, 27, 28) – Concept of “Secular State”
– Secular but not anti – religious –Restriction of Freedom of Religions.
(j) Cultural and Educational rights (Art. 29-30) – Protection of Minorities
– Right to establish and manage their Educational Institutions.
(k) Saving of certain laws (Art. 31 A-31 G) – Savings of laws providing
for acquisition of estates etc. – Validation of certain Acts and Regulations.
(l) Right to Constitutional Remedies (Art. 32-35&226) – Introduction
who can apply Public Interest Litigation – Scope of Writ Jurisdiction of the
Supreme Court and High Courts – Distinction between Art.32 and 226 – Res
Judicata Restrictions while material Law in force.
Directive Principles of State Policy (Art. 36-51) - Underlying Principles behind
Directive Principles Social and Economic Charter – Social Security Charter –
Community Welfare Charter – Relation between Fundamental Rights and
Fundamental Duties (Art. 51 A) - Need for fundamental duties – Enforcement of
Fundamental Duties.
Prescribed Readings: (With amendments)
1. Shorter Constitution : D.D. Basu
(Wadhwa and Co.)
2. Constitutional Law of India : [Link]
(N.M. Tripathi Pvt. Ltd.1993)
3. Constitutional Law of India : Jain, M.P.
(Wadhwa and Co.)
4. Constitutional Law of India : J.H. Pandey
5. Law of Indian Constitution : Prof. [Link] Pillai
6. Constitution of India : V.N. Shukla
7. Working a Democratic Constitution : Austin,G.
(Oxford University Press, 1999)
8. Directive Principles of State Policy : K.C. Markandan
in the Indian Constitution (A.B.S.
Publications, Jalandhar 1987).
9. Constitutional Questions in India. : Noorani,
(Oxford University Press 2000)

Second Semester
Paper – I
15

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