ARMY INSTITUTE OF LAW
SECTOR 68, MOHALI
Website : www.ail.ac.in, E-mail ID –
[email protected] Masters of Laws (One year Course)
(First Semester)
For 2014-15 and 2015-16
Compulsory Papers
1. Jurisprudence
2. Comparative Public Law
Option-I: Criminal Law Group
1. General Priniciples of Criminal Law
2. Emerging Areas of Criminality
3. Criminal Justice & Human Rights
Option-II: Family Law Group
1. Law of Marriage in India
2. Law of Matrimonial Reliefs in India
3. Law of Maintenance
Semester-II
Compulsory Papers
1. Interpretation of Statutes
Option-I: Criminal Law Group
1. Administration of Criminal Justice
2. White Collar Crimes
3. International Criminal Law
Option-II: Family Law Group
1. Hindu Law of Joint Family and Inheritance
2. Law of Adoption and Guardianship
3. Problems of Family in Contemporary Indian Society
LL.M. First Semester (One Year Course)
Compulsory Paper
Paper- I- Jurisprudence
Unit-I
Meaning, Nature and Scope of Jurisprudence
Definition of Law – Analysis and Criticism of Austin’s, Holland’s, Gray’s, Salmond’s, H.L.A
Hart’s, Lon L. Fuller’s definitions of Law, Definition of Law - New Indian Trends.
Recent Development in the field of Jurisprudence- Feminist Jurisprudence and Post-Modernist
Jurisprudence
Natural Law: Historical evolution, its Characteristics and Critical Appraisal, Natural Law in
Indian System
Analytical School-Critical analysis of Bentham’s approach, Austin’s Analytical Positivism,
Kelson Pure Theory of Law, Hart’s Contribution to Positivistic Jurisprudence, Analytical
Positivism- Indian Perspective
Custom as a Source of Law
Legislation as a Source of Law
Judicial Precedent
Unit-II
Historical School- Background, Savigny’s theory of volksgeist and its criticism. English historical
School and Sir Henry Maine’s view‘s on development of Law, Indian Perspective.
Sociological School: Background, Main Pioneers of Sociological Jurisprudence, Roscoe Pound’s
theory of Sociological Engineering, Sociological School- Indian Perspective
Legal Right- Meaning, Components and elements of Legal Right, Legal Duty, Right-Duty
Conflict, Kinds of Rights, Difference between Fundamental Rights and Legal Rights.
Legal Personality: Meaning and Kinds of Person. Theories of Corporate Personality
Property: Meaning, Nature and Kinds of Property, Acquisition and Loss of Property, An Appraisal
of Right to Property in India
Ownership: Meaning, Incidents, Forms, Subject Matter and Acquisition of ownership, Ownership
in Indian Law
Possession: Meaning, Elements, Theories, Importance and Kinds of Possession, Possession-
Ownership distinguished, Possession and Indian Law
SUGGESTED READINGS
Holmes : The Common Law
Paton : A Text Book of Jurisprudence
Julius Stone : The Province and Function of Law
Friedmann : Legal Theory
Dias : Jurisprudence
Keeton : Jurisprudence
Rolles : Theory of Jurisprudence
LL.M. First Semester (One Year Course)
Paper- II : Comparative Public Law
Unit-I
Comparative Study of Public Law
- Meaning and significance of Comparative Public Law
- Sources of the English Constitution
- Salient Features of English Constitution
- Conventions of the Constitution
- Rule of Law – Exceptions to the Rule of Law
British Parliament
- Sovereignty of Parliament
- Limitations on Parliamentary sovereignty
- House of Commons
- House of Lords
Salient Features of American Constitution
- Amendment to the Constitution
- The American Presidency: Election, Procedure, Powers and Functions of President,
- Comparison of American President with British King British Prime Minister and Indian
President
- The Congress: The House of Representatives : Speaker and his Powers: Senate and its special
Powers
- Comparison of Senate with House of Lords and Rajya Sabha
- Weaknesses of Senate
- Supreme Court of America and Power of Judicial Review
Unit II
Constitutional Institutions
- Nature and Salient Features of Indian Constitution
- Preamble
- Composition and Functioning of Parliament
- Position and Powers of Union Executive
- Independence of Union and State Judiciary under the Constitution
- Power of Judicial Review
- Power and Procedure to Amend the Constitution
- Rules of Natural Justice ( With special reference to Article 14 and 21 of the Constitution)
- Constitutional Remedies for the Enforcement of Fundamental Rights
BOOKS RECOMMENDED
Muro W.B. : The Government of the United States
Laski, H.J. : The American Democracy
J.C.Johari : Select World Constitutions
Vishnoo Bhagwan, : World Constitution: A Comparative Study
Vidya Bhushan, Vandana
Moula
Basu D.D. : Commentary on the Constitution of the India
Basu D.D. : Comparative Constitutional Law
Jain M.P. : Indian Constitutional Law
Allen, Michael and : Cases and Materials on Constitutional and
Thompson Brian Administrative Law, Oxford University Press
LL.M. First Semester (One Year Course)
Group-I : CRIMINAL LAW
Paper- I- General Principles of Criminal Law
Unit-I
Historical Background of Criminal Law
Principle of Legality
Nature and Elements of Crime
Concept and Relevance of Mens rea
Recent Trends to Presume Culpable Mental State in Fixing CriminalResponsibility
Stages in Commission of Crime
Impossible Attempts
Unit-II
Abetment
Criminal Conspiracy
Jurisdiction with Special Reference to Emerging Concept of ExpandingHorizons of Technology in
Crime Causation
Vicarious Liability in Criminal Law with Reference to Ss 34-38, 149,376-D, 396 & 460 of the
I.P.C.
Theories of Punishment
Types of punishment
Sentencing of Offenders
BOOKS RECOMMENDED
Shamsul Huda : General Principles of Criminal Law
R.C.Nigam : Principles of Criminal Law
Williams, Glanville : A Text Book of Criminal Law
Kenny’s : Outlines of Criminal Law
Andrew Ashworth : The Criminal Process
LL.M. First Semester (One Year Course)
Group-I : CRIMINAL LAW
Paper- II: Emerging Areas of Criminality
Unit-I
Cyber Crimes- Meaning, Nature and Kinds of Cyber Crimes
Human Trafficking – Definitions and Meaning, Distinction between ‘Trafficking in Persons’ and
‘Smuggling of Persons’ Human Trafficking as an Organized Crime
Money Laundering – Meaning, Definition and Nature, Money Laundering as a Process, Money
Laundering and Related Offences
Domestic Violence – Meaning, Definition and Nature, Remedies and Reliefs from Domestic
Violence
Violence Against Schedule Castes and Schedule Tribes
Communal Violence
Terrorism
Unit-II
Sexual offences against Women and Sexual harassment at Workplaces
Live in Relationship
Homosexuality
Law relating to Abortion in India
Protection of Children from Sexual offences
Acid Attack
Honour Killings
BOOKS RECOMMENDED
Immoral Trafficking (Prevention) Act 1956 and Relevant Provision of the Indian Penal Code,
1860
United Nation Convention Against Transnational Organised Crime, 2000 and Related Protocols.
The Protection of Women from Domestic Violence Act, 2005
The Prevention of Money Laundering Act, 2002
Anti Money Laundering and Combating the Financing of Terrorism – India Report of Asia Pacific
Group (APG) on Money Laundering (2010)
The Protection of Children from Sexual Offences Act, 2012
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act,
2012
The Unlawful Activities (Prevention) Act, 1967
The Information Technology Act, 2008
LL.M. First Semester (One Year Course)
Group-I : CRIMINAL LAW
Paper- III: Criminal Justice and Human Rights
Unit-I
Administration of Justice: Meaning Purpose and Divison of Administration of Justice, Difference
between Administration of Civil Justice and Criminal Justice
Criminal Justice Administration: concept, Historical Perspective and Organs of Criminal Justice
System in India
Human Rights: Concept, Origin and Development of Human Rights
Role of National Human Rights Com
mission and State Human Rights Commission in Protecting Human Rights
Human Rights and Criminal Justice System in India
Right against Self incrimination
Right against Torture
Unit II
Right to Legal Aid
Right to Speedy Trial
Justice to Victims of Crime: A Human Rights Aproach
Human Rights of Prisoners
Child Rights and Criminal Justice System
Women Rights and Criminal Justice System
Death Penalty: Human Rights Perspectives on Future of Capital Punishment
BOOKS RECOMMENDED
Dr. K.I.Vibhute : Criminal Justice : A Human Rights
Perspective of the Criminal Justice Process in India
S.K. Pachauri : Prisoners and Human Rights
Harry W. More : Principles and Procedure in the Administration of Justice
Ashwani Kant Gautam : Human Rights and Justice System
Mamta Rao : Law Relating to Women and Children
LL.M. First Semester (One Year Course)
GROUP - II : FAMILY LAW
Paper- I : Law of Marriage in India.
Unit-I
Ancient Sources of Hindu Law.
Modern Sources of Hindu Law
Sources of Muslim Law.
Schools of Law, Migration, Domicile
Residence and Problem of Conflict of Personal Laws,
Concept of Uniform Civil Code.
Unit-II
The following topics in Unit II comprises the study under The Hindu Marriage Act, 1955; Muslim Law ;
The Indian Christian Marriage Act, 1872; The Parsi Marriage and Divorce Act, 1936 and The Special
Marriage Act, 1954.
Application of Law
Evolution of Institution of Marriage.
Kinds of Marriage
Conditions/ Requisites of Marriage.
Solemnization and Ceremonies of Marriage.
Registration of Marriage.
NRI Marriages.
BOOKS RECOMMENDED
Paras Diwan : Indian Personal Laws.
Paras Diwan : Family Law
Beri, B.P. : Law of Marriage and Divorce in India
Paras Diwan : Modern Hindu Law
Mayne's : Hindu Law and Usage
Raghvachachariar's : Hindu Law
Derrett : A Critique of Modern Hindu Law
Mulla : Principles of Hindu Law
Mulla : Principles of Mohammedan Law
Kusum : Family Law.
LL.M. First Semester (One Year Course)
GROUP - II : FAMILY LAW
Paper- II : Law of Matrimonial Reliefs in India.
The following topics comprises the study under The Hindu Marriage Act, 1955 ; Muslim Law ;
The Divorce Act, 1869 ; The Parsi Marriage and Divorce Act, 1936 and The Dissolution of Muslim
Marriage Act, 1939 and The Special Marriage Act, 1954.
Unit-I
Restitution of Conjugal Rights and its Constitutionality
Choice of Matrimonial Home
Judicial Separation
Nullity of Marriage:
Void Marriage
Voidable/ Irregular Marriage
Difference between Void and Voidable Marriages
Unit-II
Theories of Divorce:
Fault Theory
Breakdown Theory
Irretrieavable Breakdown Theory
Consent Theory
Difference between Judicial Separation and Divorce
Grounds of Divorce/ Dissolution of Marriage
Fair Trial to Marriage Rule
Alternative Relief in Divorce Proceedings
Remarriage of Divorced Persons
BOOKS RECOMMENDED
Aggarwala : Matrimonial Remedies
Paras Diwan : Indian Personal Laws.
Paras Diwan : Family Law
Paras Diwan : Modern Hindu Law
Fyzee : Mohammedan Law
Aqil Ahmed : Mohammedan Law
B.P. Beri : Law of Marriage and Divorce in India
Kumud Desai : Law of Marriage and Divorce in India
M.S. Nijjar : Nullity of Marriage under Hindu Law
D.K. Singla : Judicial Separation under Hindu Law.
Kusum : Family Law.
LL.M. First Semester (One Year Course)
GROUP - II : FAMILY LAW
Paper- III: Law of Maintenance
Unit-I
Concept of Maintenance :
Maintenance Under Chapter IX (Ss 125 to 128) of the Criminal Procedure Code, 1973.
Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
Maintenance Under :
The Hindu Marriage Act, 1955
The Hindu Adoption and Maintenance Act, 1956.
The Protection of Women against Domestic Violence Act, 2005
Unit-II
Maintenance Under :
The Parsi Marriage and Divorce Act, 1936
The Divorce Act, 1869
The Special Marriage Act, 1954
Muslim Law of Maintenance,
The Muslim Women (Protection of Rights on Divorce) Act, 1986
BOOKS RECOMMENDED
Paras Diwan : Indian Personal Laws
Paras Diwan : Family Law
B.P. Beri : Law of Marriage and Divorce in India
Derrett : Introduction to Modern Hindu Law
Paras Diwan : Muslim Law in Modern India.
