3 RD Sem Syllabus LLB
3 RD Sem Syllabus LLB
3 RD Sem Syllabus LLB
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PAPER-I:
JURISPRUDENCE
Unit-I:
Meaning and Definition of Jurisprudence — General and Particular Jurisprudence
- Elements of Ancient Indian Jurisprudence — Schools of Jurisprudence —
Analytical, Historical, Philosophical and Sociological Schools of Jurisprudence.
Theories of Law — Meaning and Definition of Law — The Nature and Function
of Law — The Purpose of Law — The Classification of Law — Equity, Law and
Justice — Theory of Sovereignty.
Unit-II:
Sources of Law — Legal and Historical Sources — Legislation - Definition of
legislation – Classification of legislation- Supreme and Subordinate Legislation -
Direct and Indirect Legislation - Principles of Statutory Interpretation. Precedent
— Definition of Precedent — Kinds of Precedent — Stare Decisis — Original and
Declaratory Precedents — Authoritative and Persuasive Precedents. Custom –
Definition of Custom – Kinds of Custom – General and Local Custom – Custom
and Prescription - Requisites of a valid custom - Relative merits and demerits of
Legislation , Precedent and Custom as a source of Law . Codification —
Advantages and disadvantages of codification.
Unit-III:
Persons — Nature of personality — Legal Status of Lower Animals, Dead Persons
and Unborn persons — Legal Persons — Corporations — Purpose of
Incorporation — Nature of Corporate Personality Rights and Duties — Definition
of Right — Classification of Rights and Duties — Absolute and Relative Rights
and Duties — Rights and Cognate concepts like Liberty, Power, Immunity,
Privilege etc.
Unit-IV:
Obligation — Nature of Obligation — Obligation arising out of Contract, Quasi
Contract, trust and breach of obligation etc. — Liability — Nature and kinds of
liability — Acts — Men’s Rea — Intention and Motive — Relevance of Motive —
Negligence — Strict Liability — Accident — Vicarious Liability — measure of
Civil and Criminal Liability.
Unit-V:
Ownership — Definition and kinds of Ownership - Possession — Elements of
Possession – Relation between Ownership and Possession — Possessory
Remedies — Property — Meaning — Kinds of Property — Modes of Acquisition
of Property — Legal Sanctions - Meaning of Sanction — Classification of
Sanctions — Civil and Criminal Justice — Concept of Justice — Theories
regarding purpose of Criminal Justice — Deterrent, Preventive, Reformative and
Retributive theories.
Suggested Readings:
1. Salmond: Jurisprudence, Universal Publishers.
2. Paton : Jurisprudence
3. Allen : Law in the Making, Universal Publishers.
4. Mahajan V.D.: Legal Theory and Jurisprudence, Eastern Book Company, Lucknow,
5. Dias : Jurisprudence, Aditya Books.
6. Rama Jois, Legal and Constitutional History of India, Universal Law Publications,
Delhi.
7. G.C.V. Subba Rao, Jurisprudence and Legal Theory, Eastern Book Company.
PAPER-II:
LAW OF PROPERTY
Unit-I:
Meaning and concept of property — Kinds of property — Transfer of property
— Transferable and non-transferable property — Who can transfer — Operation
of transfer — Mode of transfer — Conditional transfer —Void and unlawful
conditions — Condition precedent and condition subsequent — Vested and
contingent interest — Transfer to unborn persons
Unit-II:
Doctrine of Election — Covenants — Transfer by ostensible owner — Doctrine
of Feeding the Grant by Estoppels — Doctrine of Lis Pen dens — Fraudulent
Transfer — Doctrine of Part-performance.
Unit-III:
Sale- Essential features — Mode of Sale — Rights and liabilities of parties.
Mortgage - Kinds of Mortgages - Rights and liabilities of mortgagor and mortgagee
— Marshalling and Contribution — Charges.
Unit-IV:
Lease — Essential features — Kinds of leases — Rights and liabilities of lesser and
lessee — Termination of lease — forfeiture — Exchange — Gifts — Different
types of gifts — Registration of Gifts — Transfer of Actionable Claims.
Unit-V:
Easements — Definition of easement — Distinction between Lease and License
— Dominant and Servant Tenements. Acquisition of property through
testamentary succession — Will — Codicil — Capacity to execute Will — Nature
of bequests — Executors of Will — Rights and Obligations of Legatees.
Suggested Readings:
1. Mulla : Transfer of Property, Butterworth’s Publications.
2. Subba Rao GCV: Commentaries on the Transfer of Property Act.
3. Krishna Menon: Law of Property.
4. Upadhyaya's Common Matrix of Transfer of Property.
5. Avatar Singh, Textbook on The Transfer of Property Act, Universal Law
Publishing Company.
PAPER-III:
ADMINISTRATIVE LAW
Unit-I:
Nature and scope of Administrative Law — Meaning, Definition and Evolution of
Administrative Law— Reasons for the growth of Administrative Law —
Relationship between Administrative Law and Constitutional Law.
Unit-II:
Basic concepts of Administrative Law — Rule of Law — Interpretation of
Dicey's Principle of Rule of Law — Modern trends - Theory of Separation of
Powers — Position in India, UK and USA
Unit-III:
Classification of Administrative functions — Legislative, Quasi-judicial,
Administrative and Ministerial functions — Delegated Legislation — Meaning,
Reasons for the growth and Classification of delegated legislation— Judicial and
Legislative Control of Delegated litigation.
Unit-IV:
Judicial Control of Administrative Action - Grounds of Judicial Control —
Principles of Natural Justice — Administrative discretion and its control -
Wednesbury Principle (Doctrine of Proportionality) – Doctrine of Legitimate Expectation.
Unit-V:
Remedies available against the State — Writs — Lokpal and Lokayukta —Right to
Information- Liability of the State in Torts and Contracts — Rule of Promissory
Estoppels —Administrative Tribunals - Commissions of Inquiry — Public
Corporations.
Suggested Readings:
PAPER-IV:
COMPANY LAW
Unit- I:
Corporate Personality - General Principles of Company Law - Nature and
Definition of Company - Private Company and Public Company - Characteristics
of a Company - Different kinds of Company - Registration & Incorporation of
Company - Lifting the Corporate Veil – Company distinguished from Partnership ,
HUF and LLP--Position under the Companies Acts of 1956 and 2013
Unit – II:
Promoters - Memorandum of Association - Doctrine of Ultravires - Articles of
Association - Doctrine of Indoor Management - Prospectus - Civil and Criminal
liability for misstatement in prospectus - Statement in lieu of Prospectus - Pre-
incorporation Contracts - Membership in a Company - Borrowing Powers –
Debentures & Charges-Position under the Companies Acts of 1956 and 2013
Unit- III:
Shares & Stock - Kinds of shares - Statutory restrictions on allotment of shares -
Intermediaries – Call on shares for future of shares- Transfer of shares –
Transmission of shares – Reduction on transfer of shares - Rectification of register
on transfer - Certification and issue of certificate of transfer of shares - Limitation
of time for issue of certificates - Object and effect of share certificate-Position under
the Companies Acts of 1956 and 2013
Unit – IV:
Directors – Different kinds of Directors - Appointment, position , qualifications
and disqualifications- powers of Directors - Rights and Duties of Directors -
Meetings and proceedings - kinds of meetings - Statutory meeting- Statutory
report - Annual General Meeting - Extraordinary meeting - Power of the
Tribunal to order meeting - class meetings - Requisites for a valid meeting -
Chairman for meetings - Duties of Chairman - Proxy - Resolutions – Minutes-
Shareholders Activism-Corporate Social Responsibility-Position under the Companies Acts of
1956 and 2013
Unit – V:
Accounts and Audit - Inspection and Investigation - Compromises,
Reconstruction and Amalgamation - Majority rule and Rights of minority share
holders - Prevention of oppression and mismanagement - Revival and
rehabilitation of sick industrial companies - Mergers, Amalgamation and Takeover
- Dissolution of a company – Winding up of companies-Modes of winding up of
companies – consequences of winding up - The insolvency and Bankruptcy Code, 2016
in relation to winding up of companies –Authorities under the Act- Department of
Company Affairs - NCLAT, NCLT, Company Law Board, Regional Directors,
ROC, Public Trustee or Advisory Committee & SFIO -Their powers and functions- –
Jurisdiction of Courts - The impact of the Companies Act, 2013.
Suggested Readings:
1. Shah : Lectures on Company Law, N.M.Tripati, Bombay.
2. Avtar Sing : Company Law, Eastern Book Company.
3. Charlesworth: Company Law, Sweet and Maxwell.
4. Ramaiah: Company Law, Wadhwa & Co.
5. Dutta: Company Law, Eastern Law House, Calcutta.
6. The Companies Act, 2013.
7. Executive Programme Study Material on Company Law, The Institute of
Company Secretaries of India, New Delhi available atwww.icsi.edu.
PAPER-V:
LABOUR LAW –I
Unit-I:
Concept of Labour through the ages - Trade Unions: History of Trade Union
Movement - The Trade Union Act 1926 – Definitions – Registration – Rights and
Liabilities of Registered Trade Unions – Immunities – Amalgamation and
dissolution of Unions – Reorganization of Trade Unions.
Unit-II:
Prevention and Settlement of Industrial Disputes in India - The role of State in
Industrial Relations – The Industrial Disputes Act 1947 - Definition of industry -
Industrial Dispute – Individual Dispute - workman- Lay off –Retrenchment -
Closure -Award - Strike– Lockout
Unit-III:
Authorities under the ID Act – Works committee – Conciliation - Court of inquiry
- Labour Courts- Tribunal – Powers and functions of authorities - Voluntary
Arbitration - Provisions under Chapter V-A & V- B of the Act- Alteration of
conditions of service – Management rights of action during pendency of
proceedings – Recovery of money due from employer – Unfair labour practices -
miscellaneous provisions of the Act
Unit-IV:
Standing Orders - Concept and Nature of Standing Orders – scope and coverage-
Certification process – its operation and binding effect – Modification and
Temporary application of Model Standing Orders – Interpretation and
enforcement of Standing Orders and provisions contained in the Industrial
Employment (Standing Orders) Act 1946.
Unit-V:
Disciplinary Proceedings in Industries - Charge sheet – Explanation – Domestic
enquiry - Enquiry officer – Enquiry report – Punishment – Principles of Natural
Justice.
Suggested Readings:
1. Srivastava: Law of Trade Unions , Eastern Book Company, Lucknow
2. .Goswami : Labour and Industrial Law, Central Law Agency.
3. R.F. Rustomji : Law of Industrial Disputes : Asia Publishing House, Mumbai
4. S.N. Misra : Labour and Industrial Law, Central Law Agency, Allahabad.
5. J.N. Malik : Trade Union Law
6. Khan & Khan : Labour Law , Asia Law House, Hyderabad
7. S.C. Srivastava : Industrial Relations and Labour Law, Vikas Publishing House.
8. Nick Humphreys, Trade Union Law and Collective Employment Rights.
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