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Maharshi Dayanand University Rohtak: SESSION 2018-2019

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0% found this document useful (0 votes)
34 views84 pages

Maharshi Dayanand University Rohtak: SESSION 2018-2019

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workwork94164
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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1

MAHARSHI DAYANAND UNIVERSITY


ROHTAK

SCHEME OF EXAMINATION AND SYLLABUS OF


LL.M CBCS

SESSION 2018-2019
2

SCHEME OF EXAMINATION
LL.M CBCS
The Program Specific Outcomes of the various course of LL.M-CBCS 2 Year Program are as
follows:

Program Specific Outcomes:


PSO1 Graduates will develop knowledge of Indian constitutional, statutory Interpretations,
Jurisprudence and other specialisation in Corporate Law, Criminal Law and Labour Laws.
PSO2 Graduates will demonstrate a basic understanding in the courses that are required of all
LL.M. students.
PSO3 Graduates will demonstrate a basic understanding of the theories, historical development,
and application of India and its legal system.
PSO4 Graduates will identify the key facts, issues, reasoning, holdings, assumptions, and policies
that underlie judicial decisions and independently critique them.
PSO5 Graduates will determine the applicable legal rules from multiple sources of law and seek to
reconcile any competing principles.
3

SCHEME OF EXAMINATION LL.M. FIRST SEMESTER w.e.f. 2016-17

Sr. Name of Paper Type Code Written Internal Credits Total Time
No. L-T-P mark
s
1. Constitutional Law Core 16LLM21C1 80 20 4:1:0 100 3 Hrs
of India
2. Administrative Law Core 16LLM21C2 80 20 4:1:0 100 3 Hrs
3. Jurisprudence Core 16LLM21C3 80 20 4:1:0 100 3 Hrs
4. Transparency Law Co 16LLM21C4 80 20 4:1:0 100 3 Hrs
(RTI, Lokpal, re
Citizen Charter,
Prevention of
Corruption Act
Total credits 20
SCHEME OF EXAMINATION LL.M. SECOND SEMESTER w.e.f. 2016-17

Sr. Name of Paper Type Code Written Internal Credits Total Time
No. L-T-P marks
1. Interpretation Core 16LLM22C1 80 20 4:1:0 100 3 Hrs
of Statutes &
Principles of
Legislation
2. Research Core 16LLM22C2 80 20 4:1:0 100 3 Hrs
Methodology
3. Environmental Core 16LLM22C3 80 20 4:1:0 100 3 Hrs
Law
*4. Law & Social Discipline 16LLM22D1 80 20 4:1:0 100 3 Hrs
Transformation Specific Or
Or Elective 16LLM22D2
Judicial Process
**5. Foundation To be chosen from the pool of papers provided by the 02 3 Hrs
Elective University
6. Open Elective To be chosen from the pool of open elective papers 03 3 Hrs
provided by the University
Total credits 25
*Available to the students as optional paper.

**The candidate has to select one of the Foundation Elective paper provided in the University Pool.
4

SCHEME OF EXAMINATION LL.M. THIRD SEMESTER w.e.f. 2017-18

A student has to choose one of the following groups:

Group-A (Constitutional Law)

Sr. Name of Paper Type Code Written Internal Credits Total Time
No. L-T-P marks
1. British Constitutional Core 17LLM23GA1 80 20 4:1:0 100 3
Law Hrs
2. American Core 17LLM23GA2 80 20 4:1:0 100 3
Constitutional law Hrs
3 Dissertation Core 17LLM23GA3 8 100 3
Hrs
*4. Local Self Govt. Discipline 17LLM23DA1 80 20 4:1:0 100 3
OR Specific or Hrs
Federal Governance Elective 17LLM23DA2
**5. Open Elective To be chosen from the pool of open elective papers 3 3
provided by the University Hrs
Total credits 26
*Available to the students as optional paper.
**The candidate has to select one of the Open Elective paper provided in the University Pool.

Group-B (Business Law)


Sr. Name of Paper Type Code Written Internal Credits Total Time
No. L-T-P marks
1. Law of Contracts in Core 17LLM23GB1 80 20 4:1:0 100 3 Hrs
India & England
2. Law of Corporate Core 17LLM23GB2 80 20 4:1:0 100 3 Hrs
Management &
Partnership
3 Dissertation Core 17LLM23GB3 8 100 3 Hrs
*4. Law of Export-Import Discipline 17LLM23DB1 80 20 4:1:0 100 3 Hrs
Regulations Specific or
OR Elective 17LLM23DB2
Competition Law
**5. Open Elective To be chosen from the pool of open elective 3 3 Hrs
papers provided by the University
Total credits 26
*Available to the students as optional paper.
**The candidate has to select one of the Open Elective paper provided in the University Pool.
5

Group-C (Personal Law)

Sr. Name of Paper Type Code Written Intern Credit Total Time
No. al L-T-P marks
1. Hindu Law (excluding Hindu Core 17LLM23GC1 80 20 4:1:0 100 3
law of Succession Trusts & Hrs
Endowments)
2. Muslim Law (excluding Core 17LLM23GC2 80 20 4:1:0 100 3
Muslim Law of inheritance Hrs
wakfs and Endowments)
3 Dissertation Core 17LLM23GC3 8 100 3
Hrs
*4. Development of Islamic Discipline 17LLM23DC1 80 20 4:1:0 100 3
Jurisprudence Specific or Hrs
OR Elective 17LLM23DC2
Development of Hindu
Jurisprudence
**5 Open Elective To be chosen from the pool of open elective 3 3
. papers provided by the University Hrs
Total credits 26
*Available to the students as optional paper.
**The candidate has to select one of the Open Elective paper provided in the University Pool.

Group-D (Criminal Law)

Sr. Name of Paper Type Code Written Internal Credits Total Time
No. L-T-P marks
1. History and Principles of Core 17LLM23GD1 80 20 4:1:0 100 3 Hrs
Criminal Law
2. Comparative Criminal Core 17LLM23GD2 80 20 4:1:0 100 3 Hrs
Procedure (India &
England)
3 Dissertation Core 17LLM23GD3 8 100 3 Hrs
*3. Criminology & Juvenile Discipline 17LLM23DD1 80 20 4:1:0 100 3 Hrs
Delinquency Specific or
OR Elective 17LLM23DD2
Terrorism & Organised
Crimes
**5. Open Elective To be chosen from the pool of open elective 3 3 Hrs
papers provided by the University
Total credits 26
*Available to the students as optional paper.

**The candidate has to select one of the Open Elective paper provided in the University Pool.
6

SCHEME OF EXAMINATION LL.M. FOURTH SEMESTER w.e.f. 2017-18


Group-A (Constitutional Law)

Sr. Name of Paper Type Code Written Interna Credits Total Time
No. l L-T-P marks
1. Comparative Federalism (India, Core 17LLM24GA1 80 20 4:1:0 100 3 Hrs
Australia, Canada & Switzerland)
2. Mass Media Law Core 17LLM24GA2 80 20 4:1:0 100 3 Hrs
3. Election Law Core 17LLM24GA3 80 20 4:1:0 100 3 Hrs
*4. Human Rights Discip 17LLM24DA1 80 20 4:1:0 100 3 Hrs
OR line Or
Minorities Laws Specif 17LLM24DA2
ic
Electi
ve
Total credits 20
*Available to the students as optional paper.

Group-B (Business Law)

Sr. Name of Paper Type Code Writte Interna Credit Total Time
No. n l s marks
L-T-P
1. Law of Corporate Finance & the Core 17LLM24GB1 80 20 4:1:0 100 3 Hrs
S.E.B.I. Act, 1992
2. Law of Negotiable Instruments, Core 17LLM24GB2 80 20 4:1:0 100 3 Hrs
banking & Insurance
3. Industrial and Intellectual Core 17LLM24GB3 80 20 4:1:0 100 3 Hrs
Property Law
*4. International Trade Law Disci 17LLM24DB1 80 20 4:1:0 100 3 Hrs
OR pline Or
International Disputes Spec 17LLM24DB2
Settlement ific
Elect
ive
Total credits 20
*Available to the students as optional paper.
7

Group-C (Personal Law)

Sr. Name of Paper Type Code Written Int Credits Total Time
No. ern L-T-P marks
al
1. Indian Law of Testamentary & Core 17LLM24GC1 80 20 4:1:0 100 3 Hrs
Intestate Succession
2. Religious Trusts & Core 17LLM24GC2 80 20 4:1:0 100 3 Hrs
Endowments: Central & State
Legislation
3. Population Planning and Core 17LLM24GC3 80 20 4:1:0 100 3 Hrs
Gender Justice
*4. Criminal Justice system under Discipline 17LLM24DC1 80 20 4:1:0 100 3 Hrs
Personal laws Specific Or
OR Elective 17LLM24DC2
Women Rights and Protection
Total credits 20
*Available to the students as optional paper.

Group-D (Criminal Law)

Sr. Name of Paper Type Code Wr Internal Credit Total Time


No. itte s marks
n L-T-P
1. Penology & Victimology Core 17LLM24GD1 80 20 4:1:0 100 3 Hrs
2. Socio-Economic Offences Core 17LLM24GD2 80 20 4:1:0 100 3 Hrs
and Felonious Torts
3. Collective Violence and Core 17LLM24GD3 80 20 4:1:0 100 3 Hrs
Criminal Justice System
*4. Drug Addiction Criminal Discipline 17LLM24DD1 80 20 4:1:0 100 3 Hrs
Justice & Human Rights Specific Or
OR Elective 17LLM24DD2
Money Laundering and
White Collar Crimes
Total credits 20
*Available to the students as optional paper.
8

The Course Specific Course Outcomes of the various course of LL.M-CBCS 2 Year Program are as
follows:

LL.M. FIRST SEMESTER EXAMINATION w.e.f. Session 2016-17


Constitutional Law of India (Code 16LLM21C1)
Course Outcomes
Course Outcomes:
CO1 Provide a strong foundation to the students about various activities of Indian Constitution.
CO2 Will be able to analyze & compare the basic concepts of Fundamental Rights of the
Constitution of various countries.
CO3 The students will be aware of the different dimensions of the constitution of different
countries in general & Constitution of India in particular.
MM : 80 Time: 3 hours

NOTE FOR EXAMINER/PAPER SETTER


The question paper of each course will be divided into two sections A & B, Section A consists of Eight
Small answer type questions (without internal choice) carrying 3 marks each covering the entire syllabus.
This section as such will be compulsory. Section-B shall again consist eight questions carrying 14
marks each covering the entire syllabus. However, the candidate shall be required to attempt any four
questions from this section.

NOTE FOR STUDENTS


Attempt all questions in Section A and Four Questions from Section B. Each Question in Section A carries
3 marks and each question in Section B carries 14 marks.

Syllabus is open ended.


BOOKS RECOMMENDED

Seervai, M.M. : Constitutional Law of India


Basu, D.D. : Commentaries on the Constitution of India : Constitution of India
Shukla, V.N. : Indian Constitutional Law
Jain, M.P. : Constitutional Development Since Independence : Aspects of Indian
ILI Constitutional Law
Joshi, G.N. : Framing of the Indian Constitution: A Study
Shiva Rao, B : The Union and the State National, Delhi, 1972
Jain, Kashyap
Srinivasan : Federal Government
(Ed.) Wheare, : Indian Constitution: The Corner Stone of a Nation
K.C. Austin, G. : Centre-State Relations; and Cooperative Federalism : Indian
Dr. Chandra Constitutional Law
Pal T.K. Tope : State Autonomy in Indian Federation: Emerging Trends
Dr. Chandra
Pal
9

LL.M. FIRST SEMESTER EXAMINATION w.e.f. Session 2016-17


Administrative Law (Code 16LLM21C2)
Course Outcomes

Course Outcomes:
CO1 Asquint the students about control of government for ensuring the exercise of public
power according to the constitution and rule of law.
CO2 To understand the various remedies under Administrative Law.
CO3 The students will demonstrate understanding and relevancy of Administrative Law in
present time as administrative law deals with important organs of the government of the
Remedies available to the common man.
MM : 80
Time: 3 hours

NOTE FOR EXAMINER/PAPER SETTER

The question paper of each course will be divided into two sections A & B, Section A consists of
Eight Small answer type questions (without internal choice) carrying 3 marks each covering the
entire syllabus. This section as such will be compulsory. Section-B shall again consist eight
questions carrying 14 marks each covering the entire syllabus. However, the candidate shall be
required to attempt any four questions from this section.

NOTE FOR STUDENTS

Attempt all questions in Section A and Four Questions from Section B. Each Question in Section A
carries 3 marks and each question in Section B carries 14 marks.

Syllabus is open ended.


BOOKS RECOMMENDED

Jain, M.P. & S.N. : Principles of Administrative Law


Sathe, S.P. : Administrative Law
Indian Law Institute : Cases and Materials of Administrative Law
Griffith & Street : Principles of Administrative Law
Wade, H.W.R. : Justice & Administrative Law: Study of the British Constitution
Robson, W.A. : Justice & Administrative Law: A Study of the British
Constitution
Foulkes, David : Introduction to Administrative Law
Gar, J.C. : Administrative Law
Sahasarts Barnard : An introduction to the American Administrative Law
Davis, Kannoth : Administrative Law and Government
Golhorn & Others : Administrative Law, Cases and Comments
10

LL.M. FIRST SEMESTER EXAMINATION w.e.f. Session 2016-17


Jurisprudence (Code 16LLM21C3)
Course Outcomes:
Course Outcomes:
CO1 The students will demonstrate the understanding of evolution of Law with reference to
various theories and school of Law.
CO2 The students will be enriched with the knowledge of various sources of law and persons
legal rights and duties.
CO3 The students will study the nature and various Schools of Law, Sources of law and
Legal Rights and Obligation.
MM : 80 Time: 3 hours

NOTE FOR EXAMINER/PAPER SETTER

The question paper of each course will be divided into two sections A & B, Section A consists of
Eight Small answer type questions (without internal choice) carrying 3 marks each covering the
entire syllabus. This section as such will be compulsory. Section-B shall again consist eight
questions carrying 14 marks each covering the entire syllabus. However, the candidate shall be
required to attempt any four questions from this section.

NOTE FOR STUDENTS

Attempt all questions in Section A and Four Questions from Section B. Each Question in Section A
carries 3 marks and each question in Section B carries 14 marks.

Syllabus is open ended.


BOOKS RECOMMENDED
John Austin : Lecturers on Jurisprudence
Holland : Jurisprudence
Salmond : Jurisprudence
Paton : Jurisprudence
Dias RWM : Jurisprudence
Friedman : Legal Theory
Hart, HLA : The Concept of Law
Alen, C.K. : Law in the Making
Roscoe Pound : Outline of Jurisprudence
Roscoe Pound : Philosophy of Law & Morals
Newman(ed.) : Essay in Jurisprudence in Honour of Roscoe Pound
Stone, J. : a) Social Dimension of Law & Justice
: b) Legal System of Lawyers Reasoning
: c) Human Law and Human Justice
Llyod Dennis : Introduction of Jurisprudence
Holmes : Common Law
Pollock & Wright : Possession
Fuller : Morality of Law
Basu : Modern Theories of Law (ILL)
11

Dhyani, S.N. : Law, Morality and Justice


Cordozo : Growth of Law
Stone : The Province and Function of Law
Hohfield : Fundamental Legal Conceptions
Vinogradoff : Outlines of Historical Jurisprudence
12

LL.M. FIRST SEMESTER EXAMINATION w.e.f. Session 2016-17


Transparency Law (RTI, Lokpal, Citizen Charter, Prevention of Corruption Act) (Code 16LLM21C4)
Course Outcomes

Course Outcomes:
CO1 Students will get comprehensive knowledge of RTI Act, Prevention of Corruption Act
etc.
CO2 Use these laws to solve a variety of Social problems.
CO3 The students will study Citizen Charter, Prevention of Corruption Act, RTI & Lokpal
etc.
MM : 80
Time: 3 hours

NOTE FOR EXAMINER/PAPER SETTER

The question paper of each course will be divided into two sections A & B, Section A consists of
Eight Small answer type questions (without internal choice) carrying 3 marks each covering the
entire syllabus. This section as such will be compulsory. Section-B shall again consist eight
questions carrying 14 marks each covering the entire syllabus. However, the candidate shall be
required to attempt any four questions from this section.

NOTE FOR STUDENTS

Attempt all questions in Section A and Four Questions from Section B. Each Question in Section A
carries 3 marks and each question in Section B carries 14 marks.

Unit-1

Citizen charter: Objective of the Citizens' Charter, Components of Citizen Charter, Plans of citizen
charter, Problems faced in implementing the Charters, Deficiencies in the Existing Citizens' Charters,
Guidelines for the Citizens' Charters in India.

Unit-2
Prevention of corruption Act: Prevention of Corruption Act, 1988 - Objects and Reasons of the Act,
Definitions - Public duty, Public Servant; Power to appoint special judges, cases triable by special
judges, Procedure and Powers of special judges; Offences and Penalties - Public Servant taking
gratification other than legal remuneration in respect of an official Act, Criminal misconduct by a
Public Servant.

Unit-3
Right to information: Right to Information Act, 2005: Historical Background: Colonial and Post
Independent; Significance of Right to Information in Democracy Constitutional basis of RTI with
13

special reference to Art. 19 and 21 of the Constitution; Right to Information and obligations of public
authorities Central Information Commission, State Information Commission, Powers and Functions of
Information Commissions, Appeals and Penalties; Press and NGO’s Role in RTI Public awareness and
public participation in RTI, Supreme Court on Right to Information

Unit- 4 Lokpal: Lokpal: Historical Background, meaning, Scope of Lokpal in India; Laws Relating to
Lokpal in India; Power and Functions of Lokpal and Limitation; Lokpal and Lokayukt: A comparative
study

Books:
1. Dr. Niraj Kumar: Treatise on Right to Information Act, 2005
2. Dheera Khandelwal & Krishan K. Khandelwal: Right to Information Act, 2005
3. P.K. Das: Right to Information Act
4. N.K Jain: Right to Information Concept Law & Practise
5. K.Rao (Advocate): Commentary on the Prevention of Corruption Act, 1988
6. P.V.Ramakrishna, revised by D.M.Rao (Advocate): Handbook on Prevention of Corruption
Act, 1988
7. Aravinda K. Sharma & Indu Sharma: Inducing Client Focus in Bureaucracy – The Citizen’s
Charters in India
8. M. V. Kamath : Corruption and the Lokpal Bill
14

LL.M. SECOND SEMESTER EXAMINATION w.e.f. Session 2016-17


Interpretation of Statutes and Principles of Legislation (Code 16LLM22C1)
Course Outcomes
Course Outcomes:

CO1 The students will about various strategies and aids of interpretation.
CO2 The students can enrich their knowledge through various principles and rules of
interpretation.
CO3 The students will have the knowledge of various strategies, rules and aid which are used
in the interpretation and construction of various kinds of statutory enactments and
Constitution.
CO4 Further, the students are made aware about the Principles applied by the legislature in
enacting various laws.
MM : 80 Time: 3 hours

NOTE FOR EXAMINER/PAPER SETTER


The question paper of each course will be divided into two sections A & B, Section A consists of
Eight Small answer type questions (without internal choice) carrying 3 marks each covering the
entire syllabus. This section as such will be compulsory. Section-B shall again consist eight
questions carrying 14 marks each covering the entire syllabus. However, the candidate shall be
required to attempt any four questions from this section.
NOTE FOR STUDENTS
Attempt all questions in Section A and Four Questions from Section B. Each Question in Section A
carries 3 marks and each question in Section B carries 14 marks.

Syllabus is open ended.


BOOKS RECOMMENDED
Craies : Statute Law
Cross : Statutory Interpretation
Maxwell : On the Interpretation of Statutes
Sarup, Jagdish : Legislation and Interpretation
Sarathi, Vepa P. : Interpretation of Statutes
Singh, G.P. : Principles of Statutory Interpretation
Bentham : Theory of Legislation
Dicey, A.V. : Lecturers on the Relation Between :Law and Public Opinion in England
During the Nineteenth Century
Mathur : Principles of Legislation
Mires, David R.Page : Legislation
Alan
Ruthnaswami : Legislation Principles and Practice
GENERAL READINGS
Abrahm, H.L. : The Judicial Process
Bell John : Policy Arguments in Judicial Decisions
Cardozo, B.N. : The Nature of the Judicial Process
Diredger, E.A. : The Construction of Statutes
15

Dworkin, R. : A Matter of Principle


Friedmann : Law in a Changing Society
Hidayatullah, M. : Judicial Methods
Indrayan, N.K. : Law and Public Opinion in India
Mitchell, WJT(Ed) : The Politics of Interpretation
Sutherland : Statutory Constructions
16

LL.M. SECOND SEMESTER EXAMINATION w.e.f. Session 2016-17


Research Methodology (Code 16LLM22C2)
Course Outcomes

Course Outcomes:

CO1 The students can know about various concepts like research problems, hypothesis etc.
CO2 They can get to know about the writing of footnotes.
CO3 The students learn about various techniques used in data collection.
MM : 80 Time: 3 hours

NOTE FOR EXAMINER/PAPER SETTER

The question paper of each course will be divided into two sections A & B, Section A consists of
Eight Small answer type questions (without internal choice) carrying 3 marks each covering the
entire syllabus. This section as such will be compulsory. Section-B shall again consist eight
questions carrying 14 marks each covering the entire syllabus. However, the candidate shall be
required to attempt any four questions from this section.

NOTE FOR STUDENTS

Attempt all questions in Section A and Four Questions from Section B. Each Question in Section A
carries 3 marks and each question in Section B carries 14 marks.

Syllabus is open ended.


BOOKS RECOMMENDED

M.O. Price, H.Bitner : Effective Legal Research (1978) And


Bysiewiez
Pauline V. Young : Scientific Social Survey and Research (1962)
H.M. Hyman : Interviewing in Social Research (1965)
Payne : The Art of Asking Questions (1965)
Erwin C. Surrency, B.Fielf : A Guide to Legal Research (1959)
And J. Crea
Morris L. Cohan : Legal Research in Nutshell (1996),
West Publishing Co. : Havard Law Review Association, Uniform System of
Citations
: ILI Publication, Legal Research and Methodology
17

LL.M. SECOND SEMESTER EXAMINATION w.e.f. Session 2016-17


Environmental Law (Code 16LLM22C3)
Course Outcomes

Course Outcomes:

CO1 The students get acquainted with various environment protection laws.
CO2 The students learn to use these laws to control environmental degradation.
CO3 The students are apprised about various general as well special laws passed by Indian
Parliament as well as global concern in this behalf.

MM : 80
Time: 3 hours

NOTE FOR EXAMINER/PAPER SETTER

The question paper of each course will be divided into two sections A & B, Section A consists of
Eight Small answer type questions (without internal choice) carrying 3 marks each covering the
entire syllabus. This section as such will be compulsory. Section-B shall again consist eight
questions carrying 14 marks each covering the entire syllabus. However, the candidate shall be
required to attempt any four questions from this section.
NOTE FOR STUDENTS

Attempt all questions in Section A and Four Questions from Section B. Each Question in Section A
carries 3 marks and each question in Section B carries 14 marks.

Syllabus is open ended.


BOOKS RECOMMENDED

: The Water(Prevention & Control of Pollution) Act, 1974 : The Forest (Conservation) Act, 1980
: The Air (Prevention & Control of Pollution) Act, 1981 : The Environment (Protection) Act, 1986
: The National Environment Tribunal Act, 1995
: The National Environment Appellate Authority Act, 1997
: Declaration of the United Nations Conference on the Human Environment, 1972
: Rio Declaration on Environment and Development of 1992
Dr. Chandra Pal : Environmental Pollution and Development: Environment Law,
Policy and Role of Judiciary, 1999
Gurdip Singh : Environmental Law, 1997
Paras Diwan(edited) : Environment Protection: Problems, Policy and Administration, 1995
Justice Krishna Iyer : Environmental Pollution & Law
V.R. Trivedi, R.K. : Ecology and Pollution of Indian Rivers
: World Commission on Environmental and Development
Dr. Naresh Kumar : Air Pollution and Environment Protection (1999)
18

LL.M. SECOND SEMESTER EXAMINATION w.e.f. Session 2016-17


Law & Social Transformation (Code 16LLM22D1)*
Course Outcomes

Course Outcomes:

CO1 The students get to know about the evolution of law and its subsequent effects on social
transformation.
CO2 The students get acquainted about how social change and social reforms were brought
about by Constitution of India.
CO3 The students will study various aspect like meaning of Social change and Social
Reforms relating to women, children & other vulnerable sections of the society.
CO4 Main emphasis will be on impact of Sociological School & Constitution of India as a
tool of Social Engineering.

MM : 80
Time: 3 hours

NOTE FOR EXAMINER/PAPER SETTER

The question paper of each course will be divided into two sections A & B, Section A consists of
Eight Small answer type questions (without internal choice) carrying 3 marks each covering the
entire syllabus. This section as such will be compulsory. Section-B shall again consist eight
questions carrying 14 marks each covering the entire syllabus. However, the candidate shall be
required to attempt any four questions from this section.
NOTE FOR STUDENTS

Attempt all questions in Section A and Four Questions from Section B. Each Question in Section A
carries 3 marks and each question in Section B carries 14 marks.

Unit-I: Law and Social Change

Meaning and concept of Law, Social Change, Theoretic Models on Social change and their
application-Inter play between law and social change, Relationship between law and morality, Social
change in the context of democracy.

Historical and Sociological Study on the role of law in bringing about social change

Law and social change in ancient India-Social dimensions of law and social concern for justice-Role of
family, associations and charitable institution, The Interpretation of Shruti, Smriti and Interaction
between law and custom, Social control during the Muslim conquest-Social reform during the
medieval period, Social reforms and Women, Children and others in modern India, Codification of
Laws-Freedom of Movement and Social reform ideas.
19

Unit-II: Constitution and Social Transformation


Impact of Sociological school in India, Constitutional mechanism for social change, Basic structure
theory as balancing continuity and change-The role of Governmental organs, Application of
international law in the process of constitutional interpretation-Constitutionalism and social
transformation.
Auxiliary Efforts: Jurisprudence of Sarvodaya-Gandhiji, Vinoba Bhava, Jaya Prakash Narain-Concept
of grama nyayalayas, law and justice, constitutional debates on the right to property, Indian Marxist
critique of law and justice, Naxalists Movement-Causes and cure-Rise of Dalits and changing
equations in social order in twenty first century.

Unit-III: Religion and Law

Religion as a divisive factor, secularism-Reform of the law on secular lines, Freedom of religion and
non-discrimination on the basis of religion, Religious minorities and the law.

Language and the Law


Formation of linguistic states, Constitutional protection to linguistic minorities, Non-discrimination on
the ground of language.

Community
Acceptance of caste as a factor to undo past injustices, Protective discrimination-Scheduled castes,
Tribes and Backward classes, Reservation: Statutory Commission, Statutory provisions.

Regionalism and the law


Equality in matters of employment-the slogan “sons of the soil” and its practice.

Unit-IV: Modernization and law


Modernization as a value-fundamental duties, Reforms in family law, Agrarian reform-
Industrialization of agriculture, Industrial reform-Free enterprise v. State regulation-Industrialization
and environmental protection. Reform of court process-Criminal law-plea bargaining, compounding
and payment of compensation to victim, Civil laws-(ADR) Confrontation v. Consensus, mediation and
conciliation, Lok adalats, Prison reforms, Democratic decentralisation and local self-government.

Select Bibliography:

1. Marc Galanter (ed.) Law and Society in Modern India, 1977 Oxford.
2. Robert Lingat, The Classical Law of India, 1998
3. U. Baxi, the Crisis of the Indian Legal System, 1982
4. Duncan Derret, The State, religion and Law in India, 1999
5. H.M. Seervai, Constitutional Law of India, 1996
6. P. Ishwar Bhatt, Social Transformation in India
20

LL.M. SECOND SEMESTER EXAMINATION w.e.f. Session 2016-17


Judicial Process (Code 16LLM22D2)*
Course Outcomes

Course Outcomes:

CO1 The students develop a clear understanding about the tools and techniques of judicial
creativity.
CO2 The students can enrich their knowledge about the concepts like judicial activism. They
can also understand the problems faced in fixing accountability.
CO3 The Judicial Process is an instrument of social ordering. The students will be made
aware of the tools and techniques of judicial creativity.
CO4 The students will also learn about the role of Constitutional adjudication, Judicial
activism & various other aspects like problems faced in fixing accountability & law
making by various organs of the Government.

MM : 80
Time: 3 hours

NOTE FOR EXAMINER/PAPER SETTER

The question paper of each course will be divided into two sections A & B, Section A consists of
Eight Small answer type questions (without internal choice) carrying 3 marks each covering the
entire syllabus. This section as such will be compulsory. Section-B shall again consist eight
questions carrying 14 marks each covering the entire syllabus. However, the candidate shall be
required to attempt any four questions from this section.
NOTE FOR STUDENTS

Attempt all questions in Section A and Four Questions from Section B. Each Question in Section A
carries 3 marks and each question in Section B carries 14 marks.

Unit-I: Nature of Judicial Process

Judicial Process as an instrument of social ordering, Judicial process and creativity in law common law
Model-Legal Reasoning and growth of law-change and stability, the tools and techniques of judicial
creativity and precedent, Legal development and creativity through legal reasoning under statutory and
codified systems.

Special Dimensions of Judicial Process in Constitutional Adjudications: Notions of judicial review,


Role in Constitutional adjudication. Varieties of judicial and juristic activism, Problems of
accountability and judicial law-making
21

Unit-II: Judicial Process in India

Indian debate on the role of judges and on the notion of judicial review, the independence of judiciary
and the politic al nature of judicial process, Judicial activism and creativity of the Supreme Court-The
tools and techniques of creativity, Judicial process in pursuit of constitutional goals and values-New
dimensions of judicial activism and structural challenges, Institutional liability of courts and judicial
activism-Scope and limits.

Unit-III: The Concepts of Justice

The concept of justice or Dharma in Indian thought, Dharma as the foundation of legal ordering in
Indian thought, the concept and various theories of justice in the western thought, Various theoretical
bases of justice-the liberal contractual tradition, the liberal utilitarian tradition and the liberal moral
tradition.
Unit IV: Relation between Law and Justice
Equivalence Theories-Justice as nothing more than the positive law of the stronger class, Dependency
theories-For its realization justice depends on law, but justice is not the same as law, the independence
of justice theories-means to end relationship of law and justice-the relationship in the context of the
Indian Constitutional ordering, Analysis of selected cases of the Supreme Court where the judicial
process can be seen as influenced by theories of justice.
Select Bibliography
1. Julius Stone, The Province and Function of Law, 2000 Universal, New Delhi
2. Cardozo, The Nature of Judicial Process, 1995 Universal, New Delhi
3. Henry J. Abraham, The Judicial Process, 1998, Oxford.
4. J. Stone, Precedent and the Law-Dynamics of Common Law Growth, 1985
5. W. Friedmann, Legal Theory, 1960
6. Bodenheimer-Jurisprudence-the Philosophy and Method of the Law, 1997, Universal, New Delhi
7. J. Stone, Legal System and Lawyers’, Reasoning’s, 1999 Universal, New Delhi
22

LL.M. THIRD SEMESTER EXAMINATION w.e.f. Session 2017-18


British Constitutional Law (Code 17LLM23GA1)
Course Outcomes

Course Outcomes:

CO1 The students can get a clear knowledge about the history and development of Indian
constitution.
CO2 The students can also understand the role of conventions in the development of British
Constitution.
CO3 In this subject, the students will study the History & Development of British
Constitution and conventions in this behalf.

MM : 80
Time: 3 hours

NOTE FOR EXAMINER/PAPER SETTER

The question paper of each course will be divided into two sections A & B, Section A consists of
Eight Small answer type questions (without internal choice) carrying 3 marks each covering the
entire syllabus. This section as such will be compulsory. Section-B shall again consist eight
questions carrying 14 marks each covering the entire syllabus. However, the candidate shall be
required to attempt any four questions from this section.
NOTE FOR STUDENTS

Attempt all questions in Section A and Four Questions from Section B. Each Question in Section A
carries 3 marks and each question in Section B carries 14 marks.

Syllabus is open ended.


BOOKS RECOMMENDED

Wade, H.W.R. : Justice and Administrative Law: Study of the British Constitution
Robson, W.A. : Justice and Administrative Law: A Study of the British
Constitution
Foulkes, David : Introduction to Administrative Law
Bamett, Hilane : Constitutional and Administrative Law, 1996
Keir, D.L. & : Cases in Constitutional Law, 1997
Cawson, E.H.
Phillips, O.Hood : Leading Case in Constitutional and Administrative Law
Turpin, Calin : British Government and the Constitution: Text case and materials
23

LL.M. THIRD SEMESTER EXAMINATION w.e.f. Session 2017-18


American Constitutional Law (Code 17LLM23GA2)
Course Outcomes

Course Outcomes:

CO1 The students can acquire a comprehensive understanding of the concept of federalism.
CO2 The students will be able to analyze and compare the differences between Indian and
American Constitution.
CO3 In this subject, the students will study the History & Development of American
Constitutional Law and Role of Judiciary.
MM : 80
Time: 3 hours

NOTE FOR EXAMINER/PAPER SETTER

The question paper of each course will be divided into two sections A & B, Section A consists of
Eight Small answer type questions (without internal choice) carrying 3 marks each covering the
entire syllabus. This section as such will be compulsory. Section-B shall again consist eight
questions carrying 14 marks each covering the entire syllabus. However, the candidate shall be
required to attempt any four questions from this section.
NOTE FOR STUDENTS

Attempt all questions in Section A and Four Questions from Section B. Each Question in Section A
carries 3 marks and each question in Section B carries 14 marks.

Syllabus is open ended.


BOOKS RECOMMENDED

Denning : Freedom Under the Law


Schwartz : An Introduction to the American Administrative Law : Administrative
Bernard Davis, Law and Government
Kanneth Beck, : Constitution of U.S. Yesterday, Today & Tomorrow : Law of the
J.M. Burdick, American Constitution
G.K. Cooley, : Constitutional Law in the United States of America : Constitutional and
T.M. Corwin What it means today.
24

LL.M. THIRD SEMESTER EXAMINATION w.e.f. Session 2017-18


Dissertation (Code 17LLM23GA3)
Course Outcomes
Course Outcomes:

CO1 Attracting students to new legal doctoral programs.


CO2 The students can contribute a lot for the growth of Indian economy and society.
CO3 The research scholars can help to eliminate deficiencies caused by public policies
through their research work findings.
CO4 A good research can contribute in resolving many socio-economic problems. Further,
it can also lead to the enactment of new legislations and amendment of the existing
ones.

MM : 100
25

LL.M. THIRD SEMESTER EXAMINATION w.e.f. Session 2017-18


Local Self Govt. (Code 17LLM23DA1)*
Course Outcomes

Course Outcomes:

CO1 The student get proficiency about various functional areas related to local self
government.
CO2 The students become conversant with the powers of the state government especially
conducting of elections of the local bodies.
CO3 Students will understand the powers of State Government relating to conduct of
elections, institutional and judicial control over these public institutions.
MM : 80
Time: 3 hours

NOTE FOR EXAMINER/PAPER SETTER

The question paper of each course will be divided into two sections A & B, Section A consists of
Eight Small answer type questions (without internal choice) carrying 3 marks each covering the
entire syllabus. This section as such will be compulsory. Section-B shall again consist eight
questions carrying 14 marks each covering the entire syllabus. However, the candidate shall be
required to attempt any four questions from this section.
NOTE FOR STUDENTS

Attempt all questions in Section A and Four Questions from Section B. Each Question in Section A
carries 3 marks and each question in Section B carries 14 marks.

Unit 1. Historical Perspectives: Ancient period; Gram Swaraj: the Gandhian concept; Constitutional
Scheme: Directive Principles; Structure and powers of local bodies
Unit 2. Legislative Powers: Direct democracy and grass root planning; Municipalities and
corporations; Gram Sabha
Unit 3. Quasi-legislative Powers: Rule making power of the State Government; Regulations and
Bye-laws; Financial Powers: Levying taxes; Licensing power; Financial resources and powers
Unit 4. Judicial and Quasi-judicial powers of the Local Bodies; Election to Local Bodies; Conduct
of Meetings: Corporation, Municipal Council, Panchayat Committee and Gram Sabha; Institutional
and Judicial Control
Select bibliography
Friedman, The State and the Rule of Law in a Mixed Economy
Neville L. Brown and J.F. Garner; French Administrative Law
Dicey, Introduction to the Law of the Constitution,
26

Iwor Jennings, Law and the Constitution


Schwartz & Wade, Legal Control of Government
Davis, Discretionary Justice
Jam & Jam, Principles of Administrative Law (1986), Tripathi, Bombay
De Smith, Judicial review of Administrative Action (1995)
Indian Law Institute, Government Regulation of Private
W.Thornhill (ed.), The Growth and Reform of English Local Self-governent (1971). Weidenfeld and
Nierlson London
Radhakumud Mookerji, Local Government in Ancient India (1985), Daya Publishing Delhi.
M.Venketarangaiya & Pattabhiram, Local Government in India (1969) Allied, New Delhi.
27

LL.M. THIRD SEMESTER EXAMINATION w.e.f. Session 2017-18


Federal Governance (Code 17LLM23DA2)*
Course Outcomes

Course Outcomes:

CO1 The students get mastery over the concerns and meaning of federal governance.
CO2 The students get theoretical and practical understanding about the functions of the
executive and legislature along with emerging regime of new rights and remedies.
CO3 The students will study about Federalism, Separation of Power, Democratic Process
and the Rule of Law.
CO4 Further, the subject will deal in the Powers & functions of the executive and
legislature along with emerging regime of new rights and remedies.
MM : 80
Time: 3 hours

NOTE FOR EXAMINER/PAPER SETTER

The question paper of each course will be divided into two sections A & B, Section A consists of
Eight Small answer type questions (without internal choice) carrying 3 marks each covering the
entire syllabus. This section as such will be compulsory. Section-B shall again consist eight
questions carrying 14 marks each covering the entire syllabus. However, the candidate shall be
required to attempt any four questions from this section.
NOTE FOR STUDENTS

Attempt all questions in Section A and Four Questions from Section B. Each Question in Section A
carries 3 marks and each question in Section B carries 14 marks.

Unit 1. Federalism: Creation of new states, Allocation and share of resources-distribution of grants-
maid; The inter-state disputes on resources; Rehabilitation of internally displaced persons; Centre’s
responsibility and internal disturbance within states;, Direction of the Centre to the State under
Article 356 and 365; Federal Comity-Relationship of trust and faith between Centre and State;
Special status of certain States; Tribal Areas, Scheduled Areas; Boundary disputes, Deployment of
security forces etc. Separation of Power: Doctrine of Separation of Powers and checks and
balances; Constitutional framework-Judicial interpretation and practice, Judicial activism and
judicial restraining; P11: Implementation; Judicial autonomy and independence; accountability of
Executive; Legislature and Judiciary; Democratic Process: Election and Electoral reforms; Election
Commission; The rule of law: The independence of judiciary as an aspect of separation of
powers/Division of functions
Unit II: The Executive: Constitutional status, Powers and functions of the President vis-a vis form
of Government. The Legislature: Parliamentary/Legislative Privilege: Nature, Extent, Scope and
Limitation on privileges. The Judiciary: Status, Power, functions and contemporary developments,
Power of judicial review. Good Governance: Principle of good governance- Administrative
28

responsibility and accountability-Liability of the state in Torts-Constitutional torts and


compensatory Jurisprudence.
Unit Ill: ‘State’-Need for widening the definition in the wake of liberalization; . Right to equality:
Privatization and its impact on affirmative action; Empowerment of Women; Freedom of Press and
Challenges of new scientific development.
Unit IV: Emerging regime of new rights and remedies; Reading Directive Principles and
Fundamental Duties into Fundamental Rights; Secularism: Religious freedom and right of minorities
to establish and administer educational institutions of their choice; Implementation of International
Obligation: Human Rights, Environmental protection and International trade.
Suggested Readings:
Aiyer and Mehta : Essays on Indian Federalism
Jennings : Some characteristics of Indian Constitution
Basu, Durga Das : Constitutional Law of India
Dicey, A.V. : Law of the Constitution
Banerjee, Anil Chandra: The Constitutional History of India
Friederic, Care S. : Constitutional Government and Democracy
Sarkaria Commission Report on Centre-State Relations (1988)
The National Commission to Review the working of the
Constitution -2002, Chairman - M.H. Venkatachaliah.
29

LL.M. THIRD SEMESTER EXAMINATION w.e.f. Session 2017-18


Law of Contract in India & England (Code 17LLM23GB1)
Course Outcomes

Course Outcomes:

CO1 The students are skilled to understand the intricacies of various types of contracts and
relevancy of digitalization of e-contracts.
CO2 The students get an expertise in analyzing the basic difference in the laws of India and
England in cases of breach of contract.
CO3 The students will also get enriched with relevancy of digitalization in e-contracts and
their effects in case of breach in Indian and English perspective.

MM : 80
Time: 3 hours

NOTE FOR EXAMINER/PAPER SETTER

The question paper of each course will be divided into two sections A & B, Section A consists of
Eight Small answer type questions (without internal choice) carrying 3 marks each covering the
entire syllabus. This section as such will be compulsory. Section-B shall again consist eight
questions carrying 14 marks each covering the entire syllabus. However, the candidate shall be
required to attempt any four questions from this section.
NOTE FOR STUDENTS

Attempt all questions in Section A and Four Questions from Section B. Each Question in Section A
carries 3 marks and each question in Section B carries 14 marks.

Syllabus is open ended.


BOOKS RECOMMENDED

Sir William Anson Cheshire and Fifoot Leak : Principles of Law of Contract : The Law of
Pollock & Mulla Dutt Contract
V.G. Ramachandran Finchd : Contract
G.H. Treital Dr. Avtar Singh : Indian Contract Act : Contract
Dr. R.K. Bangia Dr. J.D. Jain Chittey : Law of Contract in India : Cases of Contract
: The Law of Contract : Law of Contract
: Law of Contract : Law of Contract : Contract
30

LL.M. THIRD SEMESTER EXAMINATION w.e.f. Session 2017-18


Law of Corporate Management & Partnership (Code 17LLM23GB2)
Course Outcomes
Course Outcomes:

CO1 The students become aware to understand various provisions of company law.
CO2 The students will get command over various issues of corporate sector like holding of
Boards meeting, Good Governance and Reconstruction, Merger and Winding up.
CO3 In this subject the students will study the company law and various issues of corporate
sector like holding of Boards meeting, Good Governance and Reconstruction, Merger
and Winding up.

MM : 80
Time: 3 hours

NOTE FOR EXAMINER/PAPER SETTER

The question paper of each course will be divided into two sections A & B, Section A consists of
Eight Small answer type questions (without internal choice) carrying 3 marks each covering the
entire syllabus. This section as such will be compulsory. Section-B shall again consist eight
questions carrying 14 marks each covering the entire syllabus. However, the candidate shall be
required to attempt any four questions from this section.
NOTE FOR STUDENTS

Attempt all questions in Section A and Four Questions from Section B. Each Question in Section A
carries 3 marks and each question in Section B carries 14 marks.

Syllabus is open ended.


BOOKS RECOMMENDED

L.C.B. Cower Dutta : Principles of Modern Company Law : The Company Law
Ghosh : Company Law
Jagdish Saroop : Commentaries on Company Act, 1956 : Principles of Company Law
Dr. L.C. Dhingra(Ed.) : Indian Company Law
Dr. Avtar Singh : Lectures on Company Law : Company Law
S.M. Shah : Law of Partnership
S.K. Kapoor & : The Law of Partnership : Law of Partnership
Majumdar S.L. Gupta : The Partnership Act
Lord Lindley Dr. Avtar : The Law of Partnership
Singh Dr. R.K. Bangia : The Partnership Act, 1932
D.F. Mulla
31

LL.M. THIRD SEMESTER EXAMINATION w.e.f. Session 2017-18


Dissertation (Code 17LLM23GB3)

Course Outcomes:

CO1 Attracting students to new legal doctoral programs.


CO2 The students can contribute a lot for the growth of Indian economy and society.
CO3 The research scholars can help to eliminate deficiencies caused by public policies
through their research work findings.
CO4 A good research can contribute in resolving many socio-economic problems. Further, it
can also lead to the enactment of new legislations and amendment of the existing ones.

MM : 100
32

LL.M. THIRD SEMESTER EXAMINATION w.e.f. Session 2017-18


Law of Export-Import Regulations (Code 17LLM23DB1)*
Course Outcomes

Course Outcomes:

CO1 The students will be able to understand the Law of Export and Import along with its
regulatory part.
CO2 The students can get expertise on the International Regime like WTO agreements,
General Law on Control of Imports and Exports and EXIM Policy.
CO3 The students will study the International Regime like WTO agreements, General Law
on Control of Imports and Exports and EXIM Policy.

MM : 80
Time: 3 hours

NOTE FOR EXAMINER/PAPER SETTER

The question paper of each course will be divided into two sections A & B, Section A consists of
Eight Small answer type questions (without internal choice) carrying 3 marks each covering the
entire syllabus. This section as such will be compulsory. Section-B shall again consist eight
questions carrying 14 marks each covering the entire syllabus. However, the candidate shall be
required to attempt any four questions from this section.
NOTE FOR STUDENTS

Attempt all questions in Section A and Four Questions from Section B. Each Question in Section A
carries 3 marks and each question in Section B carries 14 marks.

Unit-1. Introduction: State control over import and export of goods - from rigidity to liberalization;
Impact of regulation on economy; The Basic Needs of Export and Import Trade: Goods; Services;
Transportation
Unit-2. International Regime: WTO agreement; WTO and tariff restrictions; WTO and non- tariff
restrictions; Investment and transfer of technology; Quota restriction and anti- dumping; Permissible
regulations; Quarantine regulation; Dumping of discarded technology and goods in international
market; Reduction of subsidies and counter measures.
Unit-3. General Law on Control of Imports and Exports: Control of Import: General scheme;
Legislative control; Power of control : Central government and RBL Foreign Trade Development and
Regulation Act 1992; Restrictions under customs law; Prohibition and penalties; Export-Import
formulation : guiding features; Control under FEMA; Foreign exchange and currency; Import of
goods; Export promotion councils; Export oriented units and export processing zones, Control of
Exports: Quality control; Regulation on goods; Conservation of foreign exchange; Foreign exchange
management; Currency transfer; Investment in foreign countries
33

Unit-4. Exim Policy : Changing Dimensions: Investment policy : NRIs, FIls (foreign institutional
investors), FDIs; Joint venture; Promotion of foreign trade; Agricultural products; Textile and cloths;
Jewellery; Service sector, Law Relating to Customs: Prohibition on importation and exportation of
goods; Control of smuggling activities in export-import trade; Levy of, and exemption from, customs
duties; Clearance of imported goods and export goods; Conveyance and warehousing of goods,
Regulation on Investment: Borrowing and lending of money and foreign currency; Securities abroad
- issue of; Immovable property - purchase abroad; Establishment of business outside; Issue of
derivatives and foreign securities — GDR (global depositories receipts), ADR (American depository
receipts) and Uro; Investment in Indian banks; Repatriation and surrender of foreign securities,
Technology transfer: Restrictive terms in technology transfer agreements; Automatic approval
schemes
Select Bibliography
Government of India, Handbook of Import Export Procedures, (Refer to the latest edition)
Government of India Import and Export Policy (1997 -2002)
The Students should consult the relevant volumes of the Annual Survey of Indian Law, published by
the Indian law Institute, New Delhi.
Foreign Trade Development and Regulation Act 1992 and Rules
Foreign Exchange Management Act 1999
Marine Products Export Development Authority Act 1972
Customs Manual (Latest edition)
Final Treaty of GATT, 1994.
34

LL.M. THIRD SEMESTER EXAMINATION w.e.f. Session 2017-18


Competition Law (Code 17LLM23DB2)*
Course Outcomes

Course Outcomes:

CO1 The students get enriched about development of Law of MRTP and Anti Competitive
Agreements.
CO2 The students will acquire clear understanding of the powers of CCI and role and
functioning of Competition Appellate Tribunal etc.
CO3 It also gives knowledge about the abuse of Dominant Positions, Rights of Consumers,
Role of CCI, Role and Functioning of Competition Appellate Tribunal etc.

MM : 80
Time: 3 hours

NOTE FOR EXAMINER/PAPER SETTER

The question paper of each course will be divided into two sections A & B, Section A consists of
Eight Small answer type questions (without internal choice) carrying 3 marks each covering the
entire syllabus. This section as such will be compulsory. Section-B shall again consist eight
questions carrying 14 marks each covering the entire syllabus. However, the candidate shall be
required to attempt any four questions from this section.
NOTE FOR STUDENTS
Attempt all questions in Section A and Four Questions from Section B. Each Question in Section A
carries 3 marks and each question in Section B carries 14 marks.

Unit:-1. Introduction: Basic economic and legal principles; Restraint of Trade under Indian Contract
Act; Monopolistic Trade Practices; Restrictive Trade Practices
Unit:-2. Development of Law from MRTP to Competition Act 2002: Aims, Objects and Salient
features; Comparison between MRTP Act and Competition Act; Anti- Competitive Agreement; Abuse
of Dominant position; Combination; protection of consumers
Unit:-3. Competition Commission of India: Structure and function of CCI; regulatory role
Unit:-4. Competition Appellate Tribunal: Composition, Functions, Powers and Procedure; Award
Compensation; Power to punish for contempt; Execution of orders
Suggested Reading
 K.S. Anantaranan: Lectures on Company Law and MRTP
 Dr. R.K. Singh: Restriction Trade Practices and Public Interest
 Suzan Rab- Indian Competition Law- An International Perspective
 S.M. Dugar’s MRTP Law, Competition Law and Consumer Protection
 Report of the Monopolies Inquiries Commission, Govt. of India 1965 (Dr. Hazari Report)
35

 Sachar Committee Report, High Powered Committee on MRTP Act & Company Act, 1980 and
other related work
 A.E. Rodrigues, Ashok Menon- The limits of Competition Policy, the shortcomings of
Economics
 Taxmann’s competition Law and Practice
36

LL.M. THIRD SEMESTER EXAMINATION w.e.f. Session 2017-18


Hindu Law (Code 17LLM23GC1)
(Excluding Hindu Law of Succession Trust & Endowments)
Course Outcomes

Course Outcomes:

CO1 The students can get a comprehensive knowledge about the evolution and sources of
Hindu Laws.
CO2 The students can get theoretical and practical understanding of the various types of
challenges, divorce &its implications on the children, Live in relationship and its
position in law and acceptance in society.
CO3 The students are further acquainted with its sources, various types of challenges, divorce
&its implications on the children, Live in relationship and its position in law and
acceptance in society.

MM : 80 Time: 3 hours

NOTE FOR EXAMINER/PAPER SETTER

The question paper of each course will be divided into two sections A & B, Section A consists of
Eight Small answer type questions (without internal choice) carrying 3 marks each covering the
entire syllabus. This section as such will be compulsory. Section-B shall again consist eight
questions carrying 14 marks each covering the entire syllabus. However, the candidate shall be
required to attempt any four questions from this section.
NOTE FOR STUDENTS

Attempt all questions in Section A and Four Questions from Section B. Each Question in Section A
carries 3 marks and each question in Section B carries 14 marks.

Syllabus is open ended.


BOOKS RECOMMENDED

Max Muller Jha, Jaganath : Sacred Books of the East Series Law of Manu : Hindu Law
Kane/P.V. Mayne, Henry Sarkar, and its sources
U.C. Derrett, J.D.M. Derrett, : History of Dharma Shastras : Hindu Law and Usage
J.D.M. Derret, J.D.M. Paras Diwan : Epochs in Hindu Legal History
Tahir Mahmood Mulla, D.F. : Religion, Law and the State in India : Introduction to
Modern Hindu Law : A critique of Modern Hindu Law
: Modern Hindu Law
: Studies in Hindu Law : Hindu Law
37

LL.M. THIRD SEMESTER EXAMINATION w.e.f. Session 2017-18


Muslim Law (Code 17LLM23GC2)
(Excluding Muslim Law of Inheritance, Wakfs and Endowments)
Course Outcomes

Course Outcomes:

CO1 The students can become conversant about Muslim Law, its sources, various types of
marriages, divorce, the problems of Tripple Talaq and various other emerging
challenges in the era of modern India.
CO2 The students learn about various enactment passed by Government for protection of
Muslim Women.
CO3 Students will also study about various enactment passed by Government for protection
of Muslim Women.

MM : 80 Time: 3 hours
NOTE FOR EXAMINER/PAPER SETTER

The question paper of each course will be divided into two sections A & B, Section A consists of
Eight Small answer type questions (without internal choice) carrying 3 marks each covering the
entire syllabus. This section as such will be compulsory. Section-B shall again consist eight
questions carrying 14 marks each covering the entire syllabus. However, the candidate shall be
required to attempt any four questions from this section.
NOTE FOR STUDENTS

Attempt all questions in Section A and Four Questions from Section B. Each Question in Section A
carries 3 marks and each question in Section B carries 14 marks.

Syllabus is open ended.


BOOKS RECOMMENDED

Baillie, Naile : Digest of Mohammendan Law


Anderson, J.N.D. : Islamic Law in the Modern World
Ameer Ali : Mohammendan Law (Vol.I & II)
Tyabji : Muslim Law
Mulla, D.F. : Principles of Mohammendan Law
Fyzee, AAA : Guidelines of Mohammendan Law
Tahir Mehmood : Islamic Law Since Independence in India
Tahir Mehmood : Muslim Law of India
Khalid Rashid : Muslim Law
Tahir Mahmood : Muslim Personal Law: Role of State in the Indian Sub continent
David Pearl : A Text Book on Muslim Personal Law
K.H. Dkinson : Muslim Family Law: A Source Book
Tahir Mahmood : Personal Laws in Crisis
38

Anderson, J.N.D. : Law Reform in the Muslim World


C. Mallal & J. Corner : Islamic Family Law: Latest Developments
Joseph Schacht : An Introduction to Islamic Law
Paras Diwan : Muslim Law in Modern India
39

LL.M. THIRD SEMESTER EXAMINATION w.e.f. Session 2017-18


Dissertation (Code 17LLM23GC3)
Course Outcomes:

CO1 Attracting students to new legal doctoral programs.


CO2 The students can contribute a lot for the growth of Indian economy and society.
CO3 The research scholars can help to eliminate deficiencies caused by public policies
through their research work findings.
CO4 A good research can contribute in resolving many socio-economic problems. Further,
it can also lead to the enactment of new legislations and amendment of the existing
ones.

MM : 100
40

LL.M. THIRD SEMESTER EXAMINATION w.e.f. Session 2017-18


Development of Islamic Jurisprudence (Code 17LLM23DC1)*
Course Outcomes
Course Outcomes:

CO1 This subject enable the students to understand the nature and scope of Islamic
Jurisprudence, development of Islamic Jurisprudence etc.
CO2 The students get acquainted about Sources & Foundation of Islamic Jurisprudence
and other basic legal concepts of Islamic Jurisprudence.
CO3 The students also learn about development of Islamic Jurisprudence, Sources &
Foundation of Islamic Jurisprudence and other basic legal concepts of Islamic
Jurisprudence.
MM : 80
Time: 3 hours

NOTE FOR EXAMINER/PAPER SETTER

The question paper of each course will be divided into two sections A & B, Section A consists of
Eight Small answer type questions (without internal choice) carrying 3 marks each covering the
entire syllabus. This section as such will be compulsory. Section-B shall again consist eight
questions carrying 14 marks each covering the entire syllabus. However, the candidate shall be
required to attempt any four questions from this section.
NOTE FOR STUDENTS
Attempt all questions in Section A and Four Questions from Section B. Each Question in Section A
carries 3 marks and each question in Section B carries 14 marks.

Unit-I Nature and Scope of Islamic Jurisprudence

1. Islam: An Introduction
2. Definition of Islamic Jurisprudence
3. Subject matter of Islamic Jurisprudence
4. Works on Islamic Jurisprudence

Unit-II Development of Islamic Jurisprudence

1. Underlying Principles and Shaping of Islamic legal thought


2. Periods of development
3. Emergence of different Schools of Islamic Jurisprudence and their characteristic
features
4. Islamic and comparative legal theories

Unit-III Sources and Foundation of Islamic Jurisprudence

1. The Quran: Revelation, compilation,


41

Legislative functions
2. Hadith : Meaning, authority, Role in Legislation,
Works on Hadith
3. Ijma : Concept, Utility and binding character
4. Other sources: Qiyas, Ijtehad, Taqlid and Urf.

Unit-IV Basic Legal Concepts

1. State and Sovereignty


2. Rights and duties
3. Personality
4. Possession and Property

Recommended Readings:

1. The Reconstruction of Legal thought in Islam by ‘Dr. Raizul Hasan Gilani’


2. Mohammad an Jurisprudence by ‘Abdur Rahim’
3. Origin of Islamic Jurisprudence of ‘Joseph-Schacht’
4. Family Law Reform in the Muslim World: J.N.D. Anderson.
5. A History of Islamic Law: N.J. Kolson
6. Lesson from the Stories of Quran: Ali Musa Raza Muhajir
7. The Philosophy of Islamic Jurisprudence: Mahmasani
8. Conflict and Tension in Islamic Jurisprudence: J.N. Kolson
9. The Meaning of the Quran Vol-I: Sayyid Abdul Ali Maududi
10. Dimension of Islam – Afzal Iqbal
11. Sermons of the Prophet: S.F.H. Faizi
12. Islam and Contemporary Muslim Worlds: Anwar Moazzam
13. Islamic Jurisprudence: Kamal A. Faruqi
14. Fundamentals of Ijtehad: Mohd. Taqi Amini
15. The Doctrine of Ijma – Ahmad Hasan
16. The Urgency of Ijtehad – Alhaj Moinuddin Ahmad
42

LL.M. THIRD SEMESTER EXAMINATION w.e.f. Session 2017-18


Development of Hindu Jurisprudence (Code 17LLM23DC2)*
Course Outcomes

Course Outcomes:

CO1 The students get conversant about meaning & concept of Hindu Law, nature of
Hindu Marriage & its essentials.
CO2 This subject enrich the knowledge of the students functional areas like Matrimonial
Remedies, Adoption & Hindu Minority and Guardianship Act, 1956.
CO3 The course contents of the subject also contain issues like Matrimonial Remedies,
Adoption & Hindu Minority and Guardianship Act, 1956.

MM : 80
Time: 3 hours

NOTE FOR EXAMINER/PAPER SETTER

The question paper of each course will be divided into two sections A & B, Section A consists of
Eight Small answer type questions (without internal choice) carrying 3 marks each covering the
entire syllabus. This section as such will be compulsory. Section-B shall again consist eight
questions carrying 14 marks each covering the entire syllabus. However, the candidate shall be
required to attempt any four questions from this section.
NOTE FOR STUDENTS

Attempt all questions in Section A and Four Questions from Section B. Each Question in Section A
carries 3 marks and each question in Section B carries 14 marks.

Unit-I

Meaning and Concept of Hindu Law: Origin, Immemorial custom and usages, later developments.
Sources of Hindu Law: Ancient Sources: Sruties; Smritis; Commentaries and Digests; Custom.
Modern Sources: Equity, justice, and good conscience, Judicial decisions (Precedents) Legislation,
Mimmsa (interpretation), Schools and Application: Schools of Hindu Law: Mitakshra school,
Dayabhaga school, Main differences, Application of Hindu Law.

Cases: (i) Tagore vs. Tagore (1872) IIA 54/47, 68 (ii) Collector of Madura vs. Moottoo Ramalinga
(1868) 12 MIA 327

Unit-II

Family Relations: Concept and Nature of Marriage, Essentials of Marriage, Effects of Hindu
Marriage Act, 1955, Hindu Marriage Law’s (Amendments) Act. 1976, Changing concept of Marriage
43

a) Marriage as Contract b) Sacrament c) Sacrosant, Judicial Trends, Matrimonial Remedies: Nullity


of marriage, Restitution of conjugal rights, judicial separation, conversion, Divorce, theories of
Divorce: (a) Fault theory (b) Breakdown theory (c) Consent theory (d) Irretrievable theory, Judicial
trends

Cases: (i) Tikait Munmohni vs. Basant Kumar ILR 28 Cal. 758 (ii) Gopal Krishana vs. Mithilesh
Kumari AIR (1979) All. 316

Unit-III

Adoption: Meaning, concept and nature of adoption, Religious and secular nature, Effect of Hindu
Adoption and Maintenance Act, 1956, Ceremonies required for adoption under old and present Laws,
Requisites of a valid adoption, Adoption by male, female and widow, Judicial Trends.

Cases: (i) Naidu vs. Naidu (1970) S.C. 1673, (ii) Kartaar Singh vs. Surjan Singh AIR (1974) S.C.
2161.

Unit-IV

Hindu Minority and Guardianship: Guardian – Meaning and concept, Kinds of Guardians, Natural
Guardians, Natural Guardian under the Act 1956, The rights and obligation of guardians relating to
person and property, Changes made by the Minority and Guardianship Act, 1956, Powers of
Guardian, Disabilities to Act as a guardian, Welfare of minor to be paramount consideration, Judicial
trends.

Case: (i) Hanuman Prasad vs. Mst. Babooyee 8 MIA 293, 412, 413 (ii) Mohri Bibi vs. Pathan AIR
1971 S.C. 315 P. 315

Recommended Readings:

1. Mulla: Principal of Hindu law, PP. 1-32, 40-63


2. Paras Diwan: Modern Hindu Law, PP. 1-9, 24-35
3. Dr. U.P.D. Kesri: Modern Hindu law, PP. 7-18, 21-24
4. Mayne: Hindu Law and usage, PP. 157-310
5. Dr. U.P.D. Kesri: Modern Hindu Law, PP. 29-140
6. J. Duncun M. Derrett: A Critique of Modern Hindu Law, PP. 122-135
7. Dr. U.P.D. Kesri: Modern Hindu Law PP. 159-187
8. R.K. Agarwal: Hindu Law, PP. 176-202, 112-142
44

LL.M. THIRD SEMESTER EXAMINATION w.e.f. Session 2017-18


History and Principles of Criminal Law (Code 17LLM23GD1)
Course Outcomes

Course Outcomes:

CO1 The student get acquainted about evolution of criminal laws, various theories of
criminality, various principles of crime, essentials of crime.
CO2 The students get a comprehensive knowledge about joint and several liability, general
defences etc.
CO3 In this subject the students will be apprised about the various theories of criminality,
various principles of crime, essentials of crime, joint and several liability, general
defences etc.

MM : 80 Time: 3 hours

NOTE FOR EXAMINER/PAPER SETTER

The question paper of each course will be divided into two sections A & B, Section A consists of
Eight Small answer type questions (without internal choice) carrying 3 marks each covering the
entire syllabus. This section as such will be compulsory. Section-B shall again consist eight
questions carrying 14 marks each covering the entire syllabus. However, the candidate shall be
required to attempt any four questions from this section.
NOTE FOR STUDENTS

Attempt all questions in Section A and Four Questions from Section B. Each Question in Section A
carries 3 marks and each question in Section B carries 14 marks.

Syllabus is open ended.


BOOK RECOMMENDED

Stephen : A History of Criminal Law of England


Kenny : Outlines of Criminal Law
Rattan Lal : Law of Crimes
R.C. Nigam : Principles of Criminal Law (Law of Crimes in India)
Shamshul Huda : The Principles of Law of Crimes in British India (Tagore Law
Lectures)
Rankin : Background of Indian Law
H.S. Gour : Indian Penal Code
Glanville Williams : Criminal Law
Smith and Hogan : Criminal Law
Indian Law Institute : Essays on Indian Penal Code Publication
Peter Seago : Criminal Law Sweet & Maxwell 1981
45

LL.M. THIRD SEMESTER EXAMINATION w.e.f. Session 2017-18


Comparative Criminal Procedure (Code 17LLM23GD2)
(India & England)
Course Outcomes

Course Outcomes:

CO1 The students will get knowledge about various legal systems to deal with crimes in
India as well as in U.K.
CO2 The students will also be able to analyze & interpret about the basic procedural
difference of trial & appreciation of evidence in India & England.
CO3 The students will come to know about the basic procedural difference of trial &
appreciation of evidence in India & England.
MM : 80 Time: 3 hours

NOTE FOR EXAMINER/PAPER SETTER

The question paper of each course will be divided into two sections A & B, Section A consists of
Eight Small answer type questions (without internal choice) carrying 3 marks each covering the
entire syllabus. This section as such will be compulsory. Section-B shall again consist eight
questions carrying 14 marks each covering the entire syllabus. However, the candidate shall be
required to attempt any four questions from this section.
NOTE FOR STUDENTS

Attempt all questions in Section A and Four Questions from Section B. Each Question in Section A
carries 3 marks and each question in Section B carries 14 marks.

Syllabus is open ended.


BOOKS RECOMMENDED

K.N.C. Pillai(Ed) Patric Devlin : The Criminal Prosecution in England : Criminal Procedure
Code, 1973
Rattan Lal : The Code of Criminal Procedure
Celio Hamptom : Criminal Procedure
Sohony : Criminal Procedure in 4 Vols. AIR Publication
David Barnard : The Criminal Court in Action
Richard Card (ed) : Cases and Statutes on Criminal Law Cross & Jones
B.B. Mitra : Code of Criminal Procedure
: Criminal Procedure Code, 1973 : The Indian Evidence Act,
1872
46

LL.M. THIRD SEMESTER EXAMINATION w.e.f. Session 2017-18


Dissertation (Code 17LLM23GD3)
Course Outcomes
Course Outcomes:

CO1 Attracting students to new legal doctoral programs.


CO2 The students can contribute a lot for the growth of Indian economy and society.
CO3 The research scholars can help to eliminate deficiencies caused by public policies
through their research work findings.
CO4 A good research can contribute in resolving many socio-economic problems. Further, it
can also lead to the enactment of new legislations and amendment of the existing ones.

MM : 100
47

LL.M. THIRD SEMESTER EXAMINATION w.e.f. Session 2017-18


Criminology & Juvenile Delinquency (Code 17LLM23DD1)*
Course Outcomes

Course Outcomes:

CO1 The students will acquire knowledge about crime, its origin, various theories, types of
crime, provisions of Juvenile Justice Act, 2015.
CO2 The students get ability to analyze & interpret various reasons of Juvenile Justice Act,
2015.
CO3 In this subject, the students will be taught about crime, its origin, various theories, types
of crimes, provisions of Juvenile Justice Act, 2015.

MM : 80
Time: 3 hours

NOTE FOR EXAMINER/PAPER SETTER

The question paper of each course will be divided into two sections A & B, Section A consists of
Eight Small answer type questions (without internal choice) carrying 3 marks each covering the
entire syllabus. This section as such will be compulsory. Section-B shall again consist eight
questions carrying 14 marks each covering the entire syllabus. However, the candidate shall be
required to attempt any four questions from this section.
NOTE FOR STUDENTS

Attempt all questions in Section A and Four Questions from Section B. Each Question in Section A
carries 3 marks and each question in Section B carries 14 marks.

Unit-I
Definition of Criminology, Crime and Criminal Law, their theory and significance, Development of
criminal law and criminology in India; Study of crime as behavior. Schools of Criminology:- Pre-
classical, Classical and Neo-classical and their theories Baccaria and Bentham, The Positive school and
their contributors C. Lambroso, R Garafellow and E Ferricriews of other schools i.e. cartographer
sociological sociologist and clinical and multifactor’s etc. and their contributors.
Unit-II
Types of Crimes and Criminals: Habitual, Sexual, Professional, Organized and white-collar. Terrorism
Marginal and Victimless crimes, Modern and International crimes such as —cyber crime, Human
organ crime, Hijacking, Feticide and Nuclear theft, crime against Women- Murder, Rape, Dowry-
death, Torture, Kidnapping, abduction etc.
Unit-III
Cause of Crimes:- Individual, Mental, Physical, Economical, Psychological and Religious, Sexual,
Harmonial abreoviability as a cause of crime Social disorganization, movibility, Theory of
48

Differentiate association. Anomie, Labeling, Gang delinquency, Effect mass media and role of state
and politician as crime causation.
Unit-IV
Juvenile Delinquency:- Its causes, Economic, Pressing, Gang culture, Differential association,
Vagrancy, Truancy, Recidivism, Drug addiction, Tract went of Juvenile and their signification: Borsht
system observation home Reformatories after care organization and Provision of the Juvenile Justice
(care and protection of children) Act 2000.

Books Recommended
Sutherland & crassly - Criminology
Taft & England - Criminology
Reckless W. - Criminology The Crime Problem
Vole G.B. - Theoretical Criminology
Mannheim - Compensation criminology
LolikaAsrkar - Crime & Woman
Upendra Baxi - Law & Poverty
Pillai S. - Theory of Criminology
Cycil Burt - Young Delinquents
Gilliam J.L. - Criminology Penology
Gluck - Delenquanti in working
A.Siddique - Criminology Problem & Perspective
David Abhahanson - Crime & Human Maid
Cove Land - The Emitters of Criminology
Katherine S William - Text Book of Criminology
Leon Radzeinoartz - Ideology of Crime
W. Reckless -The Prevention of Juvenile Delinquency
P.H.Kohen - Juvenile Offenders &The Law
K.S.Shukla - Adolescent Offenders
ILl (Delhi) - Habitual Offenders &The Law
E.Sutherland - White Collar Crime
M.Ponnanian - Criminology and Penology
49

LL.M. THIRD SEMESTER EXAMINATION w.e.f. Session 2017-18


Terrorism & Organised Crimes (Code 17LLM23DD2)*
Course Outcomes

Course Outcomes:

CO1 The students enrich their knowledge about the difference between Terrorism &
Revolution and causes of terrorism.
CO2 The students will have conceptual understanding about origin of crimes, drug
trafficking, various provisions of NDPS Act, IT Act, Role of Judiciary and Extradition
Treaty with examples.
CO3 Further, the students will be apprised about origin of crimes, drug trafficking, various
provisions of NDPS Act, IT Act, Role of Judiciary and Extradition Treaty with
examples.

MM : 80
Time: 3 hours

NOTE FOR EXAMINER/PAPER SETTER

The question paper of each course will be divided into two sections A & B, Section A consists of
Eight Small answer type questions (without internal choice) carrying 3 marks each covering the
entire syllabus. This section as such will be compulsory. Section-B shall again consist eight
questions carrying 14 marks each covering the entire syllabus. However, the candidate shall be
required to attempt any four questions from this section.
NOTE FOR STUDENTS

Attempt all questions in Section A and Four Questions from Section B. Each Question in Section A
carries 3 marks and each question in Section B carries 14 marks.

Unit-I: Terrorism and Organised Crime:


Definition and Scope; Characteristics of organized crime; Types of organized crime; Causes of
organized crime
Unit-II: Classification of Organized Crimes:
A) International Perspective: Transnational organized crime; Illicit Firearms trafficking; Drug
trafficking; Money laundering scams and frauds
B) Indian Perspective: Smuggling, Money Laundering and Hawala; Terrorism; Counterfeiting of
Currency; Drug trafficking: NDPS Act penal provisions; Cyber Crimes, IT Act, 2000 (Sec. 65, 66 &
67)
50

Unit-III: Profiles of Criminal Gang/Investigation and Prosecution:


Criminal Intent and Mensrea in such Crimes; Modus operandi of organized crime; Role of Police in
Investigation of organized crime; Role of Judiciary, Trial and Sentencing in organized crime; Relevant
Provisions under IPC and Indian Evidence Act
Unit-IV: Laws relating to Transnational Organized Crime:
Organised Crime and United Nations; Naples Declaration and Global Action Plan 24 Dec. 1994
(Salient features); United Nations Conventions Against Organized Crime 15 Dec. 2000 (Salient
features); Extradition Treaty: Extradition Act 1962 (Relevant Provisions) International Crimes:
Emerging Crimes of International Nature; Objective of International Criminal Law; Salient features of
International Criminal Court.
Books of Reference
Bare Acts:
1. Narcotic Drugs and Psychotropic Substances Amendment (Act) 2001
2. Immoral Traffic (Prevention) Act, 1956
3. Maharashtra Control of Organized Crimes Act 1999
4. Naples Declaration and Global Action Plan, 1994
5. Extradition Treaty & Extradition Act, 1962
Books:
1. Mathur K.M., Crime, Human Rights and National Securities, Gian Publishing House, New Delhi-02
2. Nadan Kamat, Computer and Information Technology Law
3. Attra Chand, Terrorism Political Violence Security of Nation, Gian Publishing House, New Delhi-
02
4. William A Schabas, International Criminal Court, l Edition 2001, Cambridge University Press.
51

LL.M. FOURTH SEMESTER EXAMINATION w.e.f. Session 2017-18


Comparative Federalism (Code 17LLM24GA1)
(India, Australia, Canada & Switzerland)
Course Outcomes
Course Outcomes:

CO1 The students are able to understand the comparative federalism of Canada, USA,
Australia and India.
CO2 Further, the students also enrich their knowledge in making comparison with regard to
Centre State Relations, State Autonomy and emerging trends in Cooperative Federalism
etc.
CO3 In this paper the students will study about the comparative federalism of Canada, USA,
Australia and India with regard to Centre State Relations, State Autonomy and
emerging trends in Cooperative Federalism etc.

MM : 80 Time: 3 hours

NOTE FOR EXAMINER/PAPER SETTER

The question paper of each course will be divided into two sections A & B, Section A consists of
Eight Small answer type questions (without internal choice) carrying 3 marks each covering the
entire syllabus. This section as such will be compulsory. Section-B shall again consist eight
questions carrying 14 marks each covering the entire syllabus. However, the candidate shall be
required to attempt any four questions from this section.
NOTE FOR STUDENTS

Syllabus is open ended.


Attempt all questions in Section A and Four Questions from Section B. Each Question in Section A
carries 3 marks and each question in Section B carries 14 marks.

BOOKS RECOMMENDED

Dr. Chandra Pal : Centre-State Relations and Cooperative Federalism


Dr.Chandra Pal : State Autonomy in Indian Federation: Emerging Trends
Aiyer, S.P. Birch, A.H. : Federation and Social Change, 1963
Bowie & Friendrich Wheare, K.C. : Federalism, Finance and Social Legislations in Canada,
Livingston, W.S. Meekison, : National Power and State Autonomy, 1978 : The
J.Peter(ed) Reagan Michae I.D. Vile, : Federal Government, 1963
Vile, M.J.C. : Federalism & Constitutional Change, 1956
52

LL.M. FOURTH SEMESTER EXAMINATION w.e.f. Session 2017-18


Mass Media Law (Code 17LLM24GA2)
Course Outcomes

Course Outcomes:

CO1 Students will understand the meaning of constitutional freedom as well restriction
imposed on Media by law.
CO2 The students enrich their knowledge about various concepts of Mass Media,
defamation, role of censorship and its challenges in the current scenario.
CO3 Moreover, the students will be apprised about various types of Mass Media,
defamation, role of censorship and its challenges in the current scenario.

MM : 80 Time: 3 hours

NOTE FOR EXAMINER/PAPER SETTER

The question paper of each course will be divided into two sections A & B, Section A consists
of Eight Small answer type questions (without internal choice) carrying 3 marks each covering
the entire syllabus. This section as such will be compulsory. Section-B shall again consist
eight questions carrying 14 marks each covering the entire syllabus. However, the candidate
shall be required to attempt any four questions from this section.
NOTE FOR STUDENTS

Attempt all questions in Section A and Four Questions from Section B. Each Question in
Section A carries 3 marks and each question in Section B carries 14 marks.

A) Mass Media Law

1. Ownership patterns –Press-Private-Public


2. Ownership patterns –Films-Private
3. Ownership patters-Radio & Television, Public
4. Difference between visual and Non-Visual Media-Impart of People minds

B) Press-Freedom of Speech & Expression –Article 19 (a)

1. Includes Freedom of the Press


2. Laws of defamation, obscenity, blasphemy and sedition
3. The relating to employees wages and service conditions
4. Price and Page Schedule Regulation
5. Newsprint Control Order
6. Advertisement-is it included within freedom of speech and expression
7. Press and the Monopolies and Restrictive Trade Practices Act.
53

C) Films –How far included in freedom in of speech and expression?

1. Censorship of Files-constitutionality
2. The Abbas Case
3.Difference between Films and Press-why pre-censorship valid for films but not for the press
4. Censorship under the Cinematograph Act

D) Radio & Television – Government Monopoly

1. Why Government Department?


2. Should there be an autonomous corporation?
3. Effect of Television on people.
4. Report of the Chanda Committee
5. Government Policy
6. Commercial Advertisement
7. Internal Scrutiny of serials, etc.
8. Judicial Review of Doordarshan decisions: Freedom to telecast

E) Constitutional Restrictions

1. Radio and television subject to law of defamation and obscenity


2. Power to legislate-Article 246 read with the Seventh Scheme
3. Power to impose tax-licensing and licence fee.

Books Recommended
M.P. Jain : Constitutional Law of India (1994)
Wadhwa H.M.Seervai : Constitutional Law of India Vol.(1991)
Tripathi, Bombay
Johan B.Howard : The Social Accountability of Public Enterprises In Law and
Community Controls in New Development strategies
(International Centre for Law in Development 1980)
Bruce Michael Boyd : Film Censorship in India: A Reasonable Restriction on Freedom
of Speech and Express 14, JILI 501 (1972)
Rajeev Dhavan : On the Law of the Press in India 26 JILI 288 (1984)
Rajeev Dhavan : Legitimating Government Rhetoric: Reflections on Some
Aspects of the Second Press Commission
Soli Sorabjee : Law of Press Censorship in India (1976)
Justice E.S. : Freedom of Press: Some Recent Trends (1984)
Venkaramiah
DD Basu : The Law of Press of India (1980)
54

LL.M. FOURTH SEMESTER EXAMINATION w.e.f. Session 2017-18


Election Law (Code 17LLM24GA3)
Course Outcomes

Course Outcomes:

CO1 The students will get the knowledge about meaning & Concept of Election and
election dispute, Qualification & Disqualification of candidates.
CO2 The students will also be able to have conceptual understanding of various corrupt
practices used by the candidates during election as well as process of election.
CO3 Further, the students will be made aware of various corrupt practices used by the
candidates during election as well as process of election.

MM : 80
Time: 3 hours

NOTE FOR EXAMINER/PAPER SETTER

The question paper of each course will be divided into two sections A & B, Section A consists
of Eight Small answer type questions (without internal choice) carrying 3 marks each covering
the entire syllabus. This section as such will be compulsory. Section-B shall again consist
eight questions carrying 14 marks each covering the entire syllabus. However, the candidate
shall be required to attempt any four questions from this section.
NOTE FOR STUDENTS
Attempt all questions in Section A and Four Questions from Section B. Each Question in
Section A carries 3 marks and each question in Section B carries 14 marks.
UNIT-I: Meaning and Concept of Election and Election Dispute: Challenge to Election:
Whom and How to Made; Forum for filing Election Petition; Parties to Election Petition;
Contents of Election Petition; Grounds of Challenge to Election; Trial of Election Petition ;
Recriminatory Petition; Withdrawal, Abetment and Appeal; Election to President and Vice
President; Composition and Powers of Election Commission (Part XV-Article 324-329 of the
Constitution of India)

UNIT-II: Qualification and Disqualification of Candidates: Meaning and Distinction


Between Qualification and Disqualification; Qualifications and Disqualifications Provisions
under Indian Constitution and the Representation of Peoples’ Act, 1951; Office of Profit;
Government Contract; Disqualifications on Convictions under the Representation of Peoples’
Act, 1951; Anti-Defection Law.
55

UNIT-III: Nomination (Sections 30-39, s100(1)(c), s100(1)(d) of the Representation of


Peoples’ Act, 1951: Meaning of Valid Nomination; Procedure for Filing of Nomination Security
Deposits etc.; Grounds of Rejection of and Withdrawal of Nominations; Voter’s Right to Know
Antecedent of the Candidates; Recognition of Political Parties and Election Symbols

UNIT-IV: Corrupt Practices: Meaning and Distinction between Corrupt Practices and
Electoral Offences; Substantive Corrupt Practice: Bribery, Undue Influence, Character,
Assassination of Candidates, Appeal on the Grounds of Religion, Race, Caste, etc. 106; Needs of
Educational Qualification for Candidates; Criminalization of Politics; Election Expenses; Model
Code of Conduct; Use of Government/Private Electronic Media and Social Media by Political
Parties; Opinion and Exit Polls i. Defacement of Public and Private Properties; Reservation for
Women in Parliament and State Legislatures PSDA (Professional Skill Development Activities)

Text Books:

1. V.S. Rama Devi & S.K. Mehendiratta, Election Law, Practice and Procedure, Butterworths
Publishers, 2013
2. P.C. Jain & Kiran Jain, Election Law and Practice, Chawla Publishers, 2012
3. P.M. Bakshi, The Constitution of India¸ Universal Publishing Company Ltd., 2014
4. The Representation of Peoples’ Act, 1950 (Bare Act), Universal Publishing Company Ltd.,
2014
3. The Presidential and Vice-Presidential (Election) Act, 1952(Bare Act), Universal Publishing
Company Ltd., 2014
4. The Registration of Elector Rules, 1960(Bare Act), Universal Publishing Company Ltd., 2014
5. The Conduct of Election Rules, 1961(Bare Act), Universal Publishing Company Ltd., 2014
56

LL.M. FOURTH SEMESTER EXAMINATION w.e.f. Session 2017-18


Human Rights (Code 17LLM24DA1)*
Course Outcomes
Course Outcomes:

CO1 The students enrich their knowledge of students about concept of Human
Rights and about its progressive evolution.
CO2 Students will be able to differentiate between 1st to 4th generation Human
Rights, such as Social discrimination, Torture, Gender Discrimination, Right
to development of individuals and Remedies against violation of Human
Rights.
CO3 The students will be apprised about the meaning and concept of Human
Rights.

MM : 80
Time: 3 hours

NOTE FOR EXAMINER/PAPER SETTER

The question paper of each course will be divided into two sections A & B, Section A
consists of Eight Small answer type questions (without internal choice) carrying 3 marks
each covering the entire syllabus. This section as such will be compulsory. Section-B
shall again consist eight questions carrying 14 marks each covering the entire syllabus.
However, the candidate shall be required to attempt any four questions from this section.
NOTE FOR STUDENTS

Attempt all questions in Section A and Four Questions from Section B. Each Question in
Section A carries 3 marks and each question in Section B carries 14 marks.

1. Panoramic View of Human Rights

a) Human Rights in Non-Western Thought


b) Awareness of Human rights during the nationalist movement
c) Universal Declaration of Human Rights, Constituent Assembly and Part III,
Drafting process.
d) Subsequent developments in international law and the position in India (e.g.
Convention of Social discrimination, torture, gender discrimination, environment and
the two human rights covenants).

2. Fundamental Rights Jurisprudence as Incorporating Directive Principles


a) The dichotomy of Fundamental Rights(FR) and Directive Principles (DP)
b) The interaction between F.R. and D.P.
c) Resultant expansion of basic needs oriented human rights in India
57

3. Right not to be subject to Torture, Inhuman or Cruel Treatment


a) Conceptions of Torture, Third-degree methods b) “Justifications” for it
c) Outlawry of torture at international and constitutional law level d) Incidence of
torture in India
e) Judicial attitudes
f) Law Reform-proposed and pending

4. Minority Rights
a) Conception of Minorities b) Scope of Protection
c) The position of minority “Woman” and their basic rights d) Communal Riots as
Involving violation of Rights

5. Rights to development of Individuals and Nations


a) The UN Declaration on Right to Development, 1987
b) The need for constitutional and legal changes in India from human rights standpoint

6. People’s Participation in Protection and Promotion of Human Rights


a) Role of International NGOS b) Amnesty International
c) Minority Rights Groups
d) International Bar Association, Law Asia
e) Contribution of these groups to protection and promotion of human rights in India

7. Development Agencies and Human Rights


a) Major International funding agencies and their operations in India
b) World Bank Lending and resultant violation/promotion of human rights c) Should
development assistance be tied to observance to human rights (as embodied in various
UN declarations)

8.Comparative Sources of Learning


a) EEC Jurisprudence
b) The Green Movement in Germany c) The International Peace Movement
d) Models of Protection of the rights of indigenous people: New Zealand (Maoris)
Australia, Aborigines and Canada (Indians)

9. Freedoms
a) Free Press – Its role in protecting human rights b) Right of Association
c) Right to due process of Law
d) Access and Distribution Justice

10. Independence of the Judiciary


a) Role of the Legal Profession
b) Judicial appointments-tenure of judges c) Qualifications of judges
d) Separation of judiciary from executive

11. European Convention of Human Rights


a) European Commission/Court of Human Rights b) Amnesty International
c) PUCL, PUDR, Citizens for Democracy d) Minorities Commission
e) Human Rights Commission
f) Remedies against Violation of Human Rights
58

LL.M. FOURTH SEMESTER EXAMINATION w.e.f. Session 2017-18


Minorities Laws (Code 17LLM24DA2)*
Course Outcomes

Course Outcomes:

CO1 The students will acquire knowledge about meaning of Minorities in Indian
Society and about various safeguards/norms provided for their protection.
CO2 The students are able to analyze & interpret concepts like Rights to administer
Minority Educational Institutions and other related issues in this behalf.
CO3 The course also includes the Rights to administer Minority Educational
Institutions and other related issues in this behalf.

MM : 80
Time: 3 hours

NOTE FOR EXAMINER/PAPER SETTER

The question paper of each course will be divided into two sections A & B, Section A
consists of Eight Small answer type questions (without internal choice) carrying 3 marks
each covering the entire syllabus. This section as such will be compulsory. Section-B
shall again consist eight questions carrying 14 marks each covering the entire syllabus.
However, the candidate shall be required to attempt any four questions from this section.
NOTE FOR STUDENTS

Attempt all questions in Section A and Four Questions from Section B. Each Question in
Section A carries 3 marks and each question in Section B carries 14 marks.

Unit-I: MINORITIES IN INDIAN SOCIETY


Concept of Minorities
Linguistic Minorities
Religious Minorities
Secularism
Unit-2: INTERNATIONAL NORMS FOR PROTECTION OF MINORITIES
Human Rights of Minorities
Minority Rights under the International
Covenant on Civil and Political Rights
Non-discrimination provisions of the United Nations Charter 1945
Declaration on Rights of Minorities
59

Unit -3: MINORITY RIGHTS


Right to religion
Linguistic rights
Right to culture and traditions
National Commission for Minority
Unit – 4: RIGHTS OF MINORITY EDUCATIONAL INSTITUTIONS
Educational rights of Minorities
Right to administer Minority educational institution
Aided and Unaided Minority Educational Institutions and Governmental Controls
National Commission for Minority Educational Institutions
SUGGESTED READINGS
1. M.P.Jain, Indian Constitutional Law
2. D.D.Basu, Commentary on the Constitution of India
3. A.P.Datar, Commentary on the Constitution of India
4. H.M. Seervai, Constitutional Law of India
5. M.P. Singh, Constitution of India
6. Brolmann, C. and others, eds., Peoples and Minorities in International Law
7. Phillips, A. and A. Rosas, eds., The UN Minority Rights Declaration
8. Reddy, Jagmohan, Minorities and the Constitution
9. Sheth, D.L. and Gurpreet Mahajan, ed., Minority Identities and the Nation State
10. Thomberry, Patrick, International Law and the Rights of the Minorities
60

LL.M. FOURTH SEMESTER EXAMINATION w.e.f. Session 2017-18


Law of Corporate Finance and the SEBI Act, 1992 (Code 17LLM24GB1)
Course Outcomes

Course Outcomes:

CO1 The students enrich their knowledge about the Corporate Finance & Role of
SEBI in this regard.
CO2 The students understood the concept like inter-corporate loans & restrictions
imposed by Company’s Act, Ministry of Company’s Affair & SEBI.
CO3 The students will get the knowledge about the powers of various Regulators
like Reserve Bank of India, SEBI, and Company’s Act & Ministry of
Company Affairs etc.

MM : 80
Time: 3 hours
NOTE FOR EXAMINER/PAPER SETTER
The question paper of each course will be divided into two sections A & B, Section A
consists of Eight Small answer type questions (without internal choice) carrying 3 marks
each covering the entire syllabus. This section as such will be compulsory. Section-B shall
again consist eight questions carrying 14 marks each covering the entire syllabus. However,
the candidate shall be required to attempt any four questions from this section.
NOTE FOR STUDENTS
Attempt all questions in Section A and Four Questions from Section B. Each Question in
Section A carries 3 marks and each question in Section B carries 14 marks.

Syllabus is open ended.


BOOKS RECOMMENDED
Sen Gupta : The Company Law
Charles : Company Law
Palmer : Company Law
Sethna : Indian Company Law
Dr. U.V. Parnjape : Companies Act
Sweet P. Maxwell : Companies Act
A. Ramaiya : A Guide to Company Law
Kailash Rai : Company Law
Pannington : Principles of Company Law
Dr. L.C. Dhingra : Principles of Company Law
Dr. Avtar Singh : Company Law

Reports:
:Sacher Committee Report on Companies
:SEBI Act, 1992
61

LL.M. FOURTH SEMESTER EXAMINATION w.e.f. Session 2017-18


Law of Negotiable Instruments, Banking & Insurance (Code 17LLM24GB2)
Course Outcomes

Course Outcomes:

CO1 This subject enables the students to understand the meaning & concepts of
Negotiable Instruments, Banking & Insurance.
CO2 The students will acquire practical knowledge of Banking Law and powers of
RBI in fraud prevention.
CO3 Furthermore, the course also provides for Principle of Insurance and its
various types along with the statutory remedies.

MM : 80
Time: 3 hours
NOTE FOR EXAMINER/PAPER SETTER
The question paper of each course will be divided into two sections A & B, Section A
consists of Eight Small answer type questions (without internal choice) carrying 3 marks
each covering the entire syllabus. This section as such will be compulsory. Section-B shall
again consist eight questions carrying 14 marks each covering the entire syllabus. However,
the candidate shall be required to attempt any four questions from this section.
NOTE FOR STUDENTS
Attempt all questions in Section A and Four Questions from Section B. Each Question in
Section A carries 3 marks and each question in Section B carries 14 marks.

Syllabus is open ended.


BOOKS RECOMMENDED
: The Negotiable Instruments Act, 1881
Dr. Avtar Singh : Negotiable Instruments Acts
Dr. R.K. Bangia : Negotiable Instruments Acts
Khergamudea : Law of Negotiable Instruments
: The Banking Regulation Act, 1949
: The Reserve Bank of India Act, 1939
Seth : Commentaries on Banking Regulation Act and Allied
Banking Laws
Dawra and Mishra : Banking Laws
S.H. Gupta : Banking Laws in Theory and Practice (in two volumes)
J.H. Holden : The Law and Practice of Banking (in two volumes)
S.R. Mukherjee : Banking Law and Practice
M.L. Tannen : Banking Law and Practice in India (in two volumes)
M.N. Mishra : Principles of Insurance
C.H. Rao : Principles of Law of Insurance
M.N. Mishra : Insurance Principles and Practice
62

LL.M. FOURTH SEMESTER EXAMINATION w.e.f. Session 2017-18


Industrial and Intellectual Property Law (Code 17LLM24GB3)
Course Outcomes

Course Outcomes:

CO1 The students will demonstrate a basic understanding of the Indian legal
regime.
CO2 Students will demonstrate an understanding of the core doctrines of
Intellectual Property Law.
CO3 Students will demonstrate an ability to use legal authority and perform legal
analysis.

MM : 80
Time: 3 hours

NOTE FOR EXAMINER/PAPER SETTER


The question paper of each course will be divided into two sections A & B, Section A
consists of Eight Small answer type questions (without internal choice) carrying 3 marks
each covering the entire syllabus. This section as such will be compulsory. Section-B shall
again consist eight questions carrying 14 marks each covering the entire syllabus. However,
the candidate shall be required to attempt any four questions from this section.
NOTE FOR STUDENTS
Attempt all questions in Section A and Four Questions from Section B. Each Question in
Section A carries 3 marks and each question in Section B carries 14 marks.

1. IPR and International Perspectives

2. Trademarks and Consumer Protection (Study of UNCTAD report on the subject)

3. The Legal Regime of Unfair Trade Practices and of Intellectual Industrial Property

a) United Nations approaches (UNCTAD, UNCITRAL)


b) EEC approaches
c) Position in US
d) The Indian Situation

4. Special Problems of the Status of Computer Software in Copyright and Patent Law:
A Comparative Study

5. Biotechnology Patents
a) Nature and types of biotechnology patents
b) Patent over new forms of life: TRIPS obligations
c) Plant Patenting
d) Sui generic protection for plant varieties
e) Multinational ownership
f) Regulation of environment and health hazards in biotechnology patents
g) Indian Policy and position
63

6. Patent Search, Examination and Records:

a) International and global patent information retrieval systems (European Patent Treaty)
b) Patent Co-operation Treaty (PCT)
c) Differences in resources for patent examination between developed and developing
societies
d) The Indian situation

7. Special Problems of Proof of Infringement

a) Status of intellectual property in transit – TRIPS obligation – Indian Position


b) The evidentiary problems in action of passing off.
c) The proof of non-anticipation, novelty of inventions protected by patent law
d) Evidentiary problems in piracy; TRIPS obligation – reversal of burden of proof in
process patent
e) Need and Scope of Law Reforms

8. Intellectual Property and Human Rights

a) Freedom of speech and expression as the basis of the regime of intellectual property
copyright protection on internet –WCT (WIPO Copyright Treaty, 1996)
b) Legal Status of hazardous research protected by the regime of intellectual property
law.
c) Human right of the impoverished masses intellectual property protection of new
products for healthcare and food security
d) Traditional knowledge – protection- biodiversity convention – right of indigenous
people

BOOKS RECOMMENDED
Terenee P. Stewart(ed.) : The GATT Uruguary Round : A Negotiating History
Iver P. Cooper : Biotechnology and Law (1998), Clerk Boardman
Callaghan, New York
David Bainbridge : Software Copyright Law (1999)
Sookman : Computer Law (1998)
Carlos M. Correa(ed.) : Intellectual Property and International Trade (1998)
Sweet and Maxwell : Patent Co-operation Treaty Hand Book (1998)
Christopher Wadlow : The Law of Passing-Off (1998)
W.R. Cornish : Intellectual Property Law (1999)
64

LL.M. FOURTH SEMESTER EXAMINATION w.e.f. Session 2017-18


International Trade Law (Code 17LLM24DB1)*
Course Outcomes

Course Outcomes:

CO1 The students learn about the scope of International Trade Law and its various
elements like, Sale of Goods at International Level and Financing etc.
CO2 Students will demonstrate the understanding of various conflicting issues of
International Trade Law.
CO3 The students will also its various elements like, Sale of Goods at International
Level, Financing & Payment in International Trades, Transportation of
Exports and Insurance of Marine & Aviation Exports etc.

MM : 80
Time: 3 hours

NOTE FOR EXAMINER/PAPER SETTER


The question paper of each course will be divided into two sections A & B, Section A
consists of Eight Small answer type questions (without internal choice) carrying 3 marks
each covering the entire syllabus. This section as such will be compulsory. Section-B shall
again consist eight questions carrying 14 marks each covering the entire syllabus. However,
the candidate shall be required to attempt any four questions from this section.
NOTE FOR STUDENTS
Attempt all questions in Section A and Four Questions from Section B. Each Question in
Section A carries 3 marks and each question in Section B carries 14 marks.

Unit-I: International Sale of Goods:


Special Trade terms in export sales — Definitions, kinds, Differences between Rights and
duties of buyers and sellers; Standardization of terms in International Sales: Uniform
Conditions of Export Sales — Role of UNCITRAL, International Chamber of Commerce
Publications, Standard contract forms applied to specified international transactions; Offer
and acceptance; Performance of contract; Rights of unpaid seller; Countertrade; Frustration
of contract; conflict of laws; Unification of the Law of International Sales
Unit-II: Financing and Payment in International Trade
Meaning, types and control of foreign investment; Bill of Exchange — Meaning; Letters of
Credit — Characteristics and kinds; Bank gurantees and other contract guarantees;
Unit -III: Transportation of Exports
Carriage of Goods by Sea- Unimodal and Multimodal Transport, Contract of Carriage by
Sea, Bills of Lading, Chartyerparty Liability of shipowner for loss or damage to goods;
Container transport — Course of business in container Transport, Legal Problems of
container transport; Carriage of Goods by Air; Carriage of Goods; Carriage of Goods by
Land
65

Unit-IV: Insurance of Exports — Marine and Aviation Insurance:


Books:
1. Carr and Kidner — Statutes and Conventions on International Trade Law, 1993
2. Jason Chuah — International Trade Law, Cavendish Publishing Ltd., London, 1995
3. Motiwal and Awasthi International Trade, ft edn., 1995. Bhowmik and co; New Delhi.
4. Clive M. Schmitthoff, Schmitthoff’s, Export Trade, 8 Edn., 1986, Stevens and Sons,
London.
5. Law of International Trade Transactions — ed. Rahmatullah Khan, Tripathi Pvt. Ltd.,
Bombay, 1973
6. UNCITRAL Year Book, 1970-1995, United Nations, New York.
7. Dicey, Conflict of Laws.
8. Justice Kochu Thomen — Bill of Ladiing.
9. Payne and Ivamy — Carriage of goods, 12 Edn., Butterworth.
10. M.C. Vaish, Sudama Singh: International Economic Law, 4 Edn. Oxford and IBH
Publishing Co.
11. New Directions in International Trade Law, Vol.-I & II, Oceana Publications Inc.
12. B.C. Mitra — Law Relating to Bills of Lading and Charter party (Air, Land and Sea)
1998.
13. Avtar Singh Law of Carriage (Road, Rail, Air and Sea) 3 Edn. Eastern Book Co.
Books:
1. Mathur K.M., Crime, Human Rights and National Securities, Gian Publishing House, New
Delhi-02
2. Nadan Kamat, Computer and Information Technology Law
3. Attra Chand, Terrorism Political Violence Security of Nation, Gian Publishing House,
New Delhi-02
4. William A Schabas, International Criminal Court, 1 Edition 2001, Cambridge University
Press.
66

LL.M. FOURTH SEMESTER EXAMINATION w.e.f. Session 2017-18


International Dispute Settlement (Code 17LLM24DB2)*
Course Outcomes

Course Outcomes:

CO1 The Students will demonstrate an understanding of the substantive and


procedural law related to litigation and Dispute Resolution.
CO2 The Students will be capable of applying the skills of problem solving,
collaboration, counselling and negotiation in litigation context.
CO3 Students will be made aware of various concepts, like. International Courts &
Tribunals, Adjudication. Further, the students will be imparted instructions in
respect of regulatory mechanism like International Decision, Recognition &
Enforcement.

MM : 80
Time: 3 hours

NOTE FOR EXAMINER/PAPER SETTER


The question paper of each course will be divided into two sections A & B, Section A
consists of Eight Small answer type questions (without internal choice) carrying 3 marks
each covering the entire syllabus. This section as such will be compulsory. Section-B shall
again consist eight questions carrying 14 marks each covering the entire syllabus. However,
the candidate shall be required to attempt any four questions from this section.
NOTE FOR STUDENTS
Attempt all questions in Section A and Four Questions from Section B. Each Question in
Section A carries 3 marks and each question in Section B carries 14 marks.

Unit 1 International Courts and Tribunals:


Dispute adjudication and arbitration; International Court of Justice; Permanent Court of
Arbitration; Human Rights Courts and Commissions; International Criminal Court;
International Tribunal for theLaw of Sea.
Unit 2. Admissibility and Justice ability: Distinction between jurisdiction and
admissibility; Absence of a necessary third party; Diplomatic protection: nationality of claims
and exhaustion of local remedies; Investment treaty arbitration: contracts claims and treaty
claims.
Unit 3. International Adjudication: Characterization; Law applicable to substantive issues;
Jurisdiction and admissibility; Arbitration clause; Procedure; Capacity of parties; Issues of
state responsibility; Remedies in international adjudication; Three forms of reparation:
restitution, compensation, and declaratory judgments.
Unit 4. International Decisions, Recognition and Enforcement: Interpretation and
revision; Challenges before the International Court of Justice (ICJ); Challenges before the
Municipal Courts at the seat of the arbitration; Special case for an International Centre for
67

Settlement of Investment Disputes (ICSID); Annulment proceedings; New York Convention


on the Recognition and Enforcement of arbitral awards.
Text Books
1. French, Duncan, Saul, Matthew and White, Nigel D.; International Law and Dispute
Settlement; Hart Publishing
2. Tams, Christian J and Tzanakopoulos, Antonios; The Settlement of International Disputes;
Hart Publishing
Reference Books
1. Hurd, Ian; International Organizations:Politics, Law, Practice; Cambridge University Press
2. Merrills, J.G; International Dispute Settlement; Cambridge University Press
3. Gupta, S.P; International Organizations; Allahabad Law Agency
68

LL.M. FOURTH SEMESTER EXAMINATION w.e.f. Session 2017-18


Indian Law of Testamentary & Intestate Succession (Code 17LLM24GC1)
Course Outcomes

Course Outcomes:

CO1 The students will demonstrate an understanding of Indian Succession Act and
related Central & State Legislation on Inheritance.
CO2 The students will be able to analyse & interpret the comparative difference on
Indian Succession between Hindu & Muslim Law.
CO3 The students will study the Indian Succession Act and related Central & State
Legislation on Inheritance and other relevant issues such as inheritance etc. in
this behalf.

MM : 80
Time: 3 hours

NOTE FOR EXAMINER/PAPER SETTER


The question paper of each course will be divided into two sections A & B, Section A
consists of Eight Small answer type questions (without internal choice) carrying 3 marks
each covering the entire syllabus. This section as such will be compulsory. Section-B shall
again consist eight questions carrying 14 marks each covering the entire syllabus. However,
the candidate shall be required to attempt any four questions from this section.
NOTE FOR STUDENTS
Attempt all questions in Section A and Four Questions from Section B. Each Question in
Section A carries 3 marks and each question in Section B carries 14 marks.

Syllabus is open ended.


BOOKS RECOMMENDED
Paruck : Indian Succession Act
Tahir Mahmood : Studies in Hindu Succession Act
Rao : Indian Succession Act
Mitra : Indian Succession Act
All Books on Hindu & Muslim Law relevant portions pertaining to Succession and
Inheritance
and Central and State Legislations having a bearing on the subject
69

LL.M. FOURTH SEMESTER EXAMINATION w.e.f. Session 2017-18


Religious Trusts and Endowments: Central & State Legislation (Code 17LLM24GC2)
Course Outcomes

Course Outcomes:

CO1 The students shall demonstrate the understanding of the meaning of


endowments and its kinds.
CO2 The students will be able to analyze & interpret the concepts like Hindu
Endowments, Religious endowments & charitable endowments.
CO3 The students will also be made aware about Wakf Law, Wakf Administration
in India and Laws of Trust & Taxation as well.

MM : 80
Time: 3 hours

NOTE FOR EXAMINER/PAPER SETTER


The question paper of each course will be divided into two sections A & B, Section A
consists of Eight Small answer type questions (without internal choice) carrying 3 marks
each covering the entire syllabus. This section as such will be compulsory. Section-B shall
again consist eight questions carrying 14 marks each covering the entire syllabus. However,
the candidate shall be required to attempt any four questions from this section.
NOTE FOR STUDENTS
Attempt all questions in Section A and Four Questions from Section B. Each Question in
Section A carries 3 marks and each question in Section B carries 14 marks.

Syllabus is open ended.


BOOKS RECOMMENDED
Bhagwati, P.N. : Tagore Lectures on Hindu Endowments
Chose : Hindu Law Religious and Charitable Endowments
: The (Central) Wakf Act, 1995
Khalid Rashid : Wakf Laws & Administration in India
Khalid Rashid : Wakf Administration in India
Paras Diwan : Law of Trusts and Taxation
: Indian Trusts Act, 1882
: Religious Endowments, 1863
: Charitable Endowments Act, 1890
: Religious & Charitable Endowments Act, 1920
: Societies Registration Act, 1863
70

LL.M. FOURTH SEMESTER EXAMINATION w.e.f. Session 2017-18


Population Planning and Gender Justice (Code 17LLM24GC3)
Course Outcomes

Course Outcomes:

CO1 The students enrich their knowledge on population planning & other related
issues like, Demography, Cultural Geography, poverty, population and various
factors affecting fertility.
CO2 The students will be able to analyze the various problems like marriageable
age, adverse sex ratio, Infant Mortality rate and Pre-Natal sex determination.
CO3 The students will also study various other problems like marriageable age,
adverse sex ratio, Infant Mortality rate and Pre-Natal sex determination. The
course also have concepts like various laws on Economic Factors affecting the
family.

MM : 80
Time: 3 hours

NOTE FOR EXAMINER/PAPER SETTER


The question paper of each course will be divided into two sections A & B, Section A
consists of Eight Small answer type questions (without internal choice) carrying 3 marks
each covering the entire syllabus. This section as such will be compulsory. Section-B shall
again consist eight questions carrying 14 marks each covering the entire syllabus. However,
the candidate shall be required to attempt any four questions from this section.
NOTE FOR STUDENTS
Attempt all questions in Section A and Four Questions from Section B. Each Question in
Section A carries 3 marks and each question in Section B carries 14 marks.

POPULATION PLANNING AND GENERAL JUSTICE

1. Introductory
1. About demography as a Social Science.
2. Demography and human and cultural geography
3. Poverty and population
4. Population Policy Perspectives
5. Constitutional Aspects of Population Policy

2. Law as a Factor-Affecting Fertility

1. Nations of Fertility
2. Raising the Minimum age of Marriage through the Law: Problem and Prospects.
3. Population planning and equal inheritance rights for women, as factor affecting fertility.
4. Adverse Sex ratio and legal order
5. Infant mortality rate of girls
6. Nutritional sex discrimination
7. Amniocentesis
8. “Social Sterilization” of Widows
71

9. Polygamous Marriages
10. Uniform Civil Code and Population Planning

3. Sterilization

1. The relating to manufacture, advertisement and sale of contraceptives


2. Vasectomy v tubectomy. Discrimination against women in family welfare programme.
3. Incentives and disincentives for family planning
4. Abortion law and services
5. Coercive/compulsory family planning measures: The 1975-1976 Emergency Excesses
6. Injectible contraceptives, women’s health and wellbeing, and judicial response.
7. Human Rights Issue and Sterilization of the Unfit.

4. Laws on Economic Factors Affecting the Family

1. The incidence of income tax and family planning.


2. Maternity benfits
3. Factories Act
4. Maternity Benefits Act, 1961
5. Workmen’s Compensation Act, 1923
6. The Minimum Wages Act, 1948
7. Child Labour regulation and population planning

5. Migration, Law, Population Planning

1. Fundamental Right for Movement


2. Migration, growth of informal sector and quality of life: Problems for the Indian
Population
3. The Bombay Pavement Dwellers
4. The Hawkers Cases
5. The Sons of Soil Movement

BOOKS RECOMMENDED
Ashoka Mistra : The India’s Population: Aspects of Quality Control (1978)
S. Chandrasekhar : Population and Law in India (1976)
: Govt. of India, Towards Equality Report of the National
Committee on the Status of Women (1975)
: Govt. of India, The Shah Commission Report on
Emergency Excesses (1978). Relevant Articles from The
Economic and Political Weekly
72

LL.M. FOURTH SEMESTER EXAMINATION w.e.f. Session 2017-18


Criminal Justice system under Personal laws (Code 17LLM24DC1)*
Course Outcomes

Course Outcomes:

CO1 The students will demonstrate the understanding of various aspects of dowry,
its consequences and various provisions to curb it.
CO2 The students enrich their knowledge about various Acts & issues like
Domestic Violence Act 2005, Role of family courts and Personal laws relating
to marriage.
CO3 The Domestic Violence Act 2005, Role of family courts and Personal laws
relating to marriage would also be overviewed.
CO4 Other important features of the course includes Female-feticide, Pre-natal
Diagnostic Techniques, Homo-Sexuality etc. which will help the students to
enrich their knowledge.

MM : 80
Time: 3 hours

NOTE FOR EXAMINER/PAPER SETTER


The question paper of each course will be divided into two sections A & B, Section A
consists of Eight Small answer type questions (without internal choice) carrying 3 marks
each covering the entire syllabus. This section as such will be compulsory. Section-B shall
again consist eight questions carrying 14 marks each covering the entire syllabus. However,
the candidate shall be required to attempt any four questions from this section.
NOTE FOR STUDENTS
Attempt all questions in Section A and Four Questions from Section B. Each Question in
Section A carries 3 marks and each question in Section B carries 14 marks.

Unit-I
Dowry Prohibition Act, 1961: Definition of Dowry; Distinction between Dowry and Dower;
Dowry offenders; Transfer of Dowry to the bride; Dowry offences; Trial of Dowry offenders;
Authorities under Dowry Prohibition Act, 1961. Punishment under the Act; Dowry death,
Dowry and criminal breach of trust; Husband or relative of husband of a women subjecting
her to cruelty; Evidence in Dowry offences.
Unit-Il
Infanticide, Female-foeticide, The Pre-conception and Pre-natal Diagnostic Techniques
(Regulation and Prevention of Misuse) Act, Bigamy, Homo-Sexuality. The Commission of
Sati (Prevention) Act, 1987. Definitions, Punishment for offences relating to Sati. Power to
present offences relating to Sati. Special Courts. Burden of Proof. Disqualifications. The
Prohibition of Child Marriage Act, 2006. The Protection of Women from Domestic Violence
Act, 2005.
73

Unit-III
Family Courts Act, 1984 Concept of Family Court, Status of Family Court. Jurisdiction of
Family Court. Procedure of Family Court. Proceedings in Camera. Exclusion of lawyers.
Reconciliation. Petition/Application for Matrimonial Reliefs under Personal Laws.
Jurisdiction. Forum of Petition. Contents of Petitions. Verification. Ex-parte decree. Setting
aside ex-parte decree, Execution of decree.

Unit-IV
Matrimonial Bars under Personal Laws : Doctrine of Proof. Taking advantage of one’s own
wrong or disability. Accessory, Connivance, Condonation, Collusion, Delay etc;
Applicability of Provisions of Code of Civil Procedure. Order XXXH-A (Reconciliation
Proceeding). Powers to transfer petition in certain cases. Special provisions relating to trial
and disposal of petitions. Appeals from Decrees.

Suggested Reading:
R.Dayal: Law Relating to Dowry
Aiyar & Tripathi : Dowry Prohibition Act
V.K. Upadhay: Dowry Death
Paras Diwan: Dowry and Protection to the Married Women
Bhatnagar’s: Dowry Prohibition
Manjula Batra: Women and Law
U.S. Gaur: Penal Law of India
l.K.Magoo: Law Relating to Sexual Offences and Homosexuality in India
The Protection of Women from Domestic Violence Act, 2005
Paras Diwan: Modern Hindu Law
H.K. Saharay: Law of Marriage and Divorce
A.N. Saha: Marriage and Divorce
Paras Diwan: Law of Marriage and Divorce in India
R.C. Nagpal: Modern Hindu Law
G.M. Divekar: Hindu Law
D.K. Tiwari: Family Courts Act
74

LL.M. FOURTH SEMESTER EXAMINATION w.e.f. Session 2017-18


Women Rights and Protection (Code 17LLM24DC2)*
Course Outcomes

Course Outcomes:

CO1 The students will have the understanding about the status of women in various
periods i.e. ancient (Vedic, Post Vedic), Medieval and Contemporary India.
CO2 The students will be able to analyze the position of women under the
Constitution of India, Criminal laws, Personal Laws, Property Laws and
Industrial & Labour Laws etc.
CO3 The students will also have the knowledge about the sexual harassment,
cruelty and national policies for women and girl child.

MM : 80
Time: 3 hours

NOTE FOR EXAMINER/PAPER SETTER


The question paper of each course will be divided into two sections A & B, Section A
consists of Eight Small answer type questions (without internal choice) carrying 3 marks
each covering the entire syllabus. This section as such will be compulsory. Section-B shall
again consist eight questions carrying 14 marks each covering the entire syllabus. However,
the candidate shall be required to attempt any four questions from this section.
NOTE FOR STUDENTS
Attempt all questions in Section A and Four Questions from Section B. Each Question in
Section A carries 3 marks and each question in Section B carries 14 marks.

Unit-I: Introduction
Status and Position of women: Vedic, Post Vedic, Medieval period and Contemporary India.
Unit-II: Rights and Protection of Women: International Perspective
Relevant provisions of: Universal Declaration on Human Rights (UDHR), Convention on
Elimination of Discrimination Against Women (CEDAW), Convention Political Rights of
Women, Convention on Nationality of Married Women, Convention on Elimination of
Violence Against Women.
Unit-III: Rights and protection of women: National scenario
Position under general laws: Constitution of India, Criminal laws, Personal laws, Property
laws, Industrial and Labour laws. Position under special laws: Dowry prohibition act,
Domestic violence act, Pre-conception and prenatal diagnostic techniques (, of sex selection)
act, National Women Commission.
Unit-IV
Contemporary issues and Special initiatives for women Law against Sexual harassment at
workplace, National policies for girl child, National policies for the empowerment of women,
Participation of women in politics, armed forces etc.
75

Acts and Statutes (As Amended)


1. The Constitution of India
2. The Indian Penal Code, 1860
3. The Indian Evidence Act, 1872
4. The Special Marriage Act, 1955
5. The Hindu Marriage Act, 1955
6. The Dowry Prohibition Act, 1961
7. The Medical Termination of Pregnancy Act, 1971
8. The Protection of Women from Domestic Violence Act, 2005
9. The Equal Remuneration Act, 1976
10. The National Commission for Women Act, 1990
11. The Prevention of Sexual Harassment Act, 2013
12. The Report of Justice Verma Committee
Text Books
1. Kaushik , P.D.; Women Rights: Access to Justice; Bookwell Publication
2. Kaushal, Rachna; Women And Human Rights In India; Kaveri Books
Reference Books
1. Naidu, Guruappa; Violence Against Women in India; Serials Publications
2. Goel, Aruna; Violence Protective Measures for Women Development and Empowerment;
Deep and Deep Publications
3. Mishra, Preeti; Domestic Violence Against Women: Legal Control and Judicial Response;
Deep and Deep Publications
4. Flavia, Agnes; Law and Gender Inequality: The Politics of Women ‘ Rights in India;
Oxford
76

LL.M. FOURTH SEMESTER EXAMINATION w.e.f. Session 2017-18


Penology and Victimology (Code 17LLM24GD1)
Course Outcomes

Course Outcomes:

CO1 The students will demonstrate the understanding of the concepts & theories of
penology and victimology, various theories of punishment, views of various
jurists to compensate the victim in India.
CO2 The students will be able to analyze & interpret the methods of minimising the
graph of crime rate in India.
CO3 The students will also be apprised the role of the state to deal with increasing
graph of crime.

MM : 80
Time: 3 hours
NOTE FOR EXAMINER/PAPER SETTER
The question paper of each course will be divided into two sections A & B, Section A
consists of Eight Small answer type questions (without internal choice) carrying 3 marks
each covering the entire syllabus. This section as such will be compulsory. Section-B shall
again consist eight questions carrying 14 marks each covering the entire syllabus. However,
the candidate shall be required to attempt any four questions from this section.
NOTE FOR STUDENTS
Attempt all questions in Section A and Four Questions from Section B. Each Question in
Section A carries 3 marks and each question in Section B carries 14 marks.

Syllabus is open ended.


BOOKS RECOMMENDED
Oppenheim : Rationale of Punishment
Raizada, R.K. : Trends in Sentencing (Ph.D. Thesis)
Johnson, Elmer.H : Crime, Correction and Society
Israel Drapkin : Crime and Punishment in Ancient World
Sethna : Society and the Criminal
Sen, P.K. : Penology-Old and New
-do- : From Punishment to Prevention
Walter C. Reckless : The Crime Problem
Barnes and Teeter : New Horizons of Crime
S. Chhabra : The Quantum of Punishment in Criminal Law
(1970)
H.L.A. Hart : Punishment and Responsibility (1968)
Herbert D. Facker : The Limits of Criminal Sanction (1968)
: A Siddidque(1984)
: Law Commission of India Forty second report,
77

LL.M. FOURTH SEMESTER EXAMINATION w.e.f. Session 2017-18


Socio-Economic Offences & Felonious Torts (Code 17LLM24GD2)
Course Outcomes

Course Outcomes:

CO1 The students will demonstrate their practical knowledge about the Socio-
Economic offences & Felonious Torts.
CO2 The students will enrich their knowledge regarding various socio-economic
problems in India.
CO3 A students will acquire the knowledge of various Acts like Prevention of
Corruption Act, 1988, Prevention of Food Adulteration Act, The Dowry
Prohibition Act, 1961 etc.

MM : 80
Time: 3 hours
NOTE FOR EXAMINER/PAPER SETTER
The question paper of each course will be divided into two sections A & B, Section A
consists of Eight Small answer type questions (without internal choice) carrying 3 marks
each covering the entire syllabus. This section as such will be compulsory. Section-B shall
again consist eight questions carrying 14 marks each covering the entire syllabus. However,
the candidate shall be required to attempt any four questions from this section.
NOTE FOR STUDENTS
Attempt all questions in Section A and Four Questions from Section B. Each Question in
Section A carries 3 marks and each question in Section B carries 14 marks.

Syllabus is open ended.

BOOKS RECOMMENDED
Mahesh Chandra : Socio-Economic Crimes (1979)
Jaspal Singh : A Handbook of Socio-Economic Offences
Hermann Mannheim : Comparative Criminology Vol. 20th 1,2, and 3
Law Commission : 27th Report to include certain social and economic
offences in the Indian Penal Code
-do- : 47th Report on the Trial and Punishment of Social and
Economic Offences
: Prevention of Corruption Act, 1988
: Prevention of Food Adulteration Act
: The Dowry Prohibition Act, 1961
: Narcotic Drugs and Psychoric Substance Act, 1985 as
amended upto date
: Protection of Civil Rights Act
: Prevention of Immoral Traffic in Women and Girls act
Upendra Baxi : Liberty and Corruption The Antulay Case and Beyond
(1989)
Upendra Baxi : The Usages of the Indian Legal System
S.N. Dwivedi and : Political Corruption in India
G.S. Bhargava
78

Clark & Lindsell : Torts(Sweet & Maxwell)


Fleming : The Law of Torts (LBC Sydney)
Winfield and Jolowicz : On Tort (Sweet & Maxwell)
Salmond : On the Law of Torts (Sweet & Maxwell)
Ramaswamy Year : Law of Torts(Tripathi)
Ramamoorthy : Law of Malicious Prosecution & Definition
C.K. Rao : Law of Negligence (L.B.C. Allahabad)
R.K. Bangia : Law of Tort
79

LL.M. FOURTH SEMESTER EXAMINATION w.e.f. Session 2017-18


Collective Violence and Criminal Justice System (Code 17LLM24GD3)
Course Outcomes

Course Outcomes:

CO1 The students will demonstrate their understanding about various kinds of
violence such as religious violence, political violence & communal violence
and will learn various preventive measures in this regard.
CO2 The students will be able to analyze the impact of violence on society.
CO3 The students will demonstrate the knowledge about the issues like refugee
problems, effects of violence and its impact on Human Rights.

MM : 80
Time: 3 hours
NOTE FOR EXAMINER/PAPER SETTER
The question paper of each course will be divided into two sections A & B, Section A
consists of Eight Small answer type questions (without internal choice) carrying 3 marks
each covering the entire syllabus. This section as such will be compulsory. Section-B shall
again consist eight questions carrying 14 marks each covering the entire syllabus. However,
the candidate shall be required to attempt any four questions from this section.
NOTE FOR STUDENTS
Attempt all questions in Section A and Four Questions from Section B. Each Question in
Section A carries 3 marks and each question in Section B carries 14 marks.

COLLECTIVE VIOLENCE AND CRIMINAL JUSTICE SYSTEM

1. Introductory

1. Notions of “Force”, “Coercion”, “Violence”


2. Distinctions: “Symbolic” violence, “Institutionalized” violence, “structural violence”
3. Legal order as a coercive normative order
4. Force-Monopoly of Modem Law
5. “Constitutional” and “Criminal” speech: Speech as incitement to violence
6. “Collective Political Violence” and Legal Order
7. Notion of Legal and Extra-Legal “Repression”

2. Approaches to Violence in India

1. Religiously sanctioned structural violence: Caste and gender based.


2. Ahimsa in Hindu, Jain, Buddhist, Christian, and Islamic traditions in India.
3. Gandhiji’s approach to non-violence
4. Discourse on political violence and terrorism during colonial struggle
5. Attitudes towards legal order as possessed of legitimate monopoly over violence during
the colonial period.
80

3. Agrarian Violence and Repression

1. The Nature and Scope of Agrarian Violence in the 18-19 centuries India
2. Colonial Legal Order as a Causative factor of collective political (agrarian) violence
3. The Telangana struggle and the legal order
4. The Report of the Indian Human Rights Commission on Arwal Massacre

4. Violence against the Scheduled Castes

1. Notion of Atrocities
2. Incidence of Atrocities
3. Uses of Criminal Law to combat Atrocities or contain aftermath of Atrocities
4. Violence Against Women

5. Communal Violence

1. Incidence and Courses of ‘Communal” violence


2. Findings of various commissions of enquiry
3. The role of police and para-military systems in dealing with communal violence
4. Operation of criminal justice system tiring, and in relation to, communal violence

BOOKS RECOMMENDED

U. Baxi : “Dissent, Development and Violence” in R. Meagher(ed.) Law


and Social Change: Indo-American Reflections 92 (1988).
U. Baxi(Ed.) : Law and Poverty: Critical Essays, (1988)
A.R. Desai, (Ed.) : Peasant Struggles in India, (1979)
A.R. Desai : Agrarian Struggle in India: After Independence (1986) .R. Desai,
Violation of democratic Rights in India (1986)
D.A. Dhangare : Peasant Movement in India: 1920-1950(1983)
Ranjit Guha : Element any Aspects of Peasant Insurgency in Colonial India
(1983) Rajnit Guba, (ed.) Subaltern Studies Vol. 1-6 (1983-1988)
T. Honderich : Violence for Equality (1980)
Mark Juergensmeyer : The Logic of Religious Violence: The Case of Punjab” 22
Contributions to Indian Sociology 65 (1988)
Rajni Kothari : State Against Democracy (1987)
G. Shah : Ethnic Minorities and Nation Building: Indian Experience(1984)
K.S. Shukla : “Sociology of Deviant Behaviour”, in 3 ICSSR Survey of
Sociology and Social Anthropology 1969-1979 (1986)
81

LL.M. FOURTH SEMESTER EXAMINATION w.e.f. Session 2017-18


Drug Addiction Criminal Justice & Human Rights (Code 17LLM24DD1)*

Course Outcomes:

CO1 The students will show basic understanding about the kinds of drugs, their
impact on Human Health and various international steps to control their use.
CO2 The students enrich their knowledge about the menace of Drug abuse & its
impact on society.
CO3 The role of mass media and NGO’s to combat the menace of drug is also
included in the course contents.

MM : 80
Time: 3 hours
NOTE FOR EXAMINER/PAPER SETTER
The question paper of each course will be divided into two sections A & B, Section A
consists of Eight Small answer type questions (without internal choice) carrying 3 marks
each covering the entire syllabus. This section as such will be compulsory. Section-B shall
again consist eight questions carrying 14 marks each covering the entire syllabus. However,
the candidate shall be required to attempt any four questions from this section.
NOTE FOR STUDENTS
Attempt all questions in Section A and Four Questions from Section B. Each Question in
Section A carries 3 marks and each question in Section B carries 14 marks.

Unit-1. Introductory: Basic conceptions; Drugs’ narcotics” “psychotropic substances”;


‘Dependence,” “addiction”; “Crimes without victims; “Trafficking” in “drugs”; “Primary
drug abuse”; How Does One Study the Incidence of Drug Addiction and Abuse?: Self-
reporting; Victim-studies; Problems of comparative studies; Anagraphic and Social
Characteristics of Drug Users: Gender; Age; Religiousness; Single
individuals/cohabitation; Socio-economic level of family; Residence patterns
(urban/rural/urban); Educational levels; Occupation; Age at first use; Types of drug use;
Reasons given as cause of first use; Method of intake; Pattern of the — Use; Average
Quantity and Cost; Consequences on addict’s health (physical/psychic)
Unit-2. The International Legal Regime: Analysis of background, text and operation of the
Single Convention on Narcotic Drugs, 1961, 1972; Analysis of the Convention on
Psychotropic Substances, 1972; International collaboration in combating drug addiction; The
SARC, and South-South Cooperation; Profile of international market for psychotropic
substances
Unit-3. The Indian Regulatory System: Approaches to narcotic trafficking during colonial
India; Nationalist thought towards regulation of drug trafficking and usage; The Penal
provisions (under the IPC and the Customs Act); India’s role in the evolution of two
international conventions; Judicial approaches to sentencing in drug trafficking and abuse;
The Narcotic Drugs and Psychotropic Substances Act, 1985; Patterns of resource investment
in India:policing adjudication, treatment, aftercare and rehabilitation
82

Unit-4. Human Rights Aspects: Deployment of marginalized people as carrier of narcotics;


The problem of juvenile drug use and legal approaches; Possibilities of misuse and abuse of
investigative prosecutor powers; Bail; The Problem of differential application of the Ugal
Regimes, especially in relation to the resource less; The Role of Community in Combating
Drug Addiction: Profile of Community initiatives in inhibition of dependence and addiction
(e.g. de-addiction and aftercare); The role of educational systems; The role of medical
profession; The role of mass media; Initiatives for compliance with regulatory systems; Law
reform initiatives
Select Bibliography
H.S. Becker, Outsiders: The Studies in Sociology of Deviance (1966)
J.A. Incard, C.D. Chambers, (eds.), Drugs and the Criminal Justice System (1974)
R. Goeken, DrugAbuse andpersonality in Young Offenders (1971)
G. Edwards Busch (ed.) Drug Problems in Britain: A Review of Ten Years (1981)
P. Kondanram and Y.N. Murthy, “Drug Abuse and Crime: A Preliminary Study” 7 Indian
Journal of Criminology, 65-68 (1979)
P.R. Rajgopat Violence and Response: A Critque of the Indian Criminal System (1988)
United Nations, Economic and Social Reports of the Commission on Narcotic Drugs, United
Nations
Social Defence, Research Institute (UNSDRT) Combating Drug Abuse and Related Crimes
(Rome, July 1984, Publication No. 21).
Lok Sabha and Rajya Sabha Debates on 1986 Bill on Psychotropic Substances. Useful
Journals in this area are:
(i) The Law and Society Review (USA)
(ii) Journal of Drug Issues (Tallahassee Florida)
(iii) International Journal of Addictions (New York)
(iv) British Journal of Criminology
(v) Journal of Criminal Law, Criminology and Police Science (Baltimore, Md
(vi) Journal of Criminal Law and Criminology (Chicago, III)
(vii) International Journal of Offender Therapy and Comparative Criminology (London)
(viii) Bulletin on Narcotics (United Nations)
83

LL.M. FOURTH SEMESTER EXAMINATION w.e.f. Session 2017-18


Money Laundering and White Collar Crime (Code 17LLM24DD2)*

Course Outcomes

Course Outcomes:

CO1 The students will demonstrate their knowledge of bankers’ role in controlling
money laundering, framework of various International and National bodies.
CO2 The students will be able to analyze the concepts like White Collar Crimes &
measures for their prevention & control.
CO3 The course also includes the contents like various types of white collar crimes
and preventive measures for their prevention and control.

MM : 80
Time: 3 hours
NOTE FOR EXAMINER/PAPER SETTER
The question paper of each course will be divided into two sections A & B, Section A
consists of Eight Small answer type questions (without internal choice) carrying 3 marks
each covering the entire syllabus. This section as such will be compulsory. Section-B shall
again consist eight questions carrying 14 marks each covering the entire syllabus. However,
the candidate shall be required to attempt any four questions from this section.
NOTE FOR STUDENTS
Attempt all questions in Section A and Four Questions from Section B. Each Question in
Section A carries 3 marks and each question in Section B carries 14 marks.

Unit- 1

Money Laundering: Origin - Definition - Techniques Impact on Banks - Structuring;


Integration, Preventive Legislations - International Co-operation - UK; USA; India - Basel
Committee - PMLA Objectives - RBI Guidelines - System Adequacy to Combat Money
Laundering - Antiterrorism finance - Financial Intelligence Unit (FIU) The Financial Action
Task Force (FATF) - IBA Working Group - Software for AMLScreening : Money
Laundering and Correspondent Banking - Exchange Companies - Foreign Branches.

Unit-2

White Collar Crime: Emergence of White-Collar Crime; Concept and Nature of White-
Collar Crimes; Sutherlands, view on white-collar crimes and it's analysis.

Unit- 3
Causes of White-Collar Crimes; Distinguish between White-Collar Crimes and Blue-Collar
Crimes; Implications of white collar crimes, Courts and white collars crime in India.
84

Unit-4
White Collar Crimes in India; Hoarding, Black Marketing and Adulteration; White Collar
Crimes in certain Professions - Medical Profession, Legal profession, Educational
Institutions, Engineering; White Collar Crimes in business deals; Fake Employment
Placement Rockets; Remedial Measures.
Suggested Readings :
Mahesh Chandra : Socio- Economic Crimes
Marshal B. Clinard : Crime in Developing Countries
N.V. Pranjape : Criminology and Penology
Prevention of Corruption Act, 1988
47th Report of Law Commission of India
Trial and Punishment of Socio-Economic Offences.
Annual Report Criminal Law Review.

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