L L. B Solapur University Syllabus
L L. B Solapur University Syllabus
L L. B Solapur University Syllabus
SOLAPUR UNIVERSITY,SOLAPUR.
Faculty of Law
CREDIT & GRADE BASED SEMESTER SYSTEM RULES RELATING TO THREE
YEAR LL.B. DEGREE COURSE AND FIVE YEAR B.A.LL.B DEGREE COURSE
FOR THE ACADEMIC YEAR-2014-2015 AND ONWARDS
a) Duration of the Programme : a) LL.B. Degree Course :- The duration of the
programme is Three academic years which spread over 6- semesters with the University
Exdamination at the end of each semester . Each Academic year shall be divided into
Two semesters. The academic session for odd semester(1st,3rd,5th) will commence as far
as possible from 1st July,while for even semester (2nd 4th,6th) will commence from 1st
January every year. The courses / papers and credits assigned to the each course shall be
as given in the LL.B. Course Structure
b)B.A.LL.B. Degree Course :- The duration of the programme is 5 academic years
wghich spread over 10 semesters with the University Examination at the end of each
semester . Each Academic year shall be divided into Two semesters. The academic
session for odd semester(1st,3rd,5th,7th and 9th ) will commence as far as possible from 1st
July,while for even semester (2nd 4th,6th,8th & 10th ) will commence from 1st January
every year. The courses / papers and credits assigned to the each course shall be as given
in the B.A.LL.B Course Structure
1. Medium of instruction : The medium of instruction and Examination shall be in
English .
3. Eligibility for admissions :- A)Three Year LL.B. Degree Course:
a) For admission to the 1st Semester of Three Year LL.B. Degree Course, a student must
have passed Three Years Duration Bachelor’s Degree Examination in any Faculty of a
recognised University with minimum 45% marks at the qualifying examination.
However, the above percentage of marks will be 40% for the students belonging to SC/ST
categories. Admission will be in accordance with the merit in qualifying Examination i.e
Bachelors Degree ( Three Year)
b) Explanation: The applicants who have obtained 10+2 or graduation/ Post graduation
through Open University system directly without having any basic qualification for
prosecuting such studies are not eligible for admission in the law courses.
B) Five Year Integrated B.A., LL.B. Degree Course
a) For admission to the 1st Semester of Five Year Integrated B.A., LL.B. Degree Course,
a student must have passed H.S.C. Examination (10+2 Pattern) or equivalent qualification
with minimum 45% of marks at the qualifying examination. However, above percentage
of marks will be 40% for the student belonging to SC/ST categories. Admission will be in
accordance with the merit in qualifying Examination.
B) Explanation: The applicants who have obtained 10+2 or graduation/ Post graduation
through Open University system directly without having any basic qualification for
prosecuting such studies are not eligible for admission in the law courses
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4. Attendance:-
No candidate will be admitted to the semester Examination unless he has
completed 75% attendance in the given semester in each subject.
5. Definitions of terminology : Unless the context otherwise require, the following
words shall have the meaning as assigned to them in this clause.
a) Course : It is equivalent to a paper/subject in a semester. It is a complete unit
of learning which will be taught and evaluated within a Semester.
b) Credit : Credit means the unit by which the course work is measured. It is
measured in terms of weekly class hours assigned to a Course.
c) Credit Point (CP): It is the value obtained by multiplying the Grade Point by
the Credit i.e No. of Credits assigned for the course x Grade Points secured for
that course.
d) Credit Transfer: The credit acquired for the courses in another University
would be accepted on reciprocal basis subject to the UGC Norms.
e) Cumulative Grade Point Average (CGPA): CGPA refers to the Cumulative
Grade Point Average weighted across all the semesters. It is obtained by dividing
total number of credit points in all the semesters by the total number of credits
in all the semesters.
f) Grade Point : Grade Point is weight allotted to each grade letter depending on
the marks awarded in a course/paper
g) Grade Letter : Grade Letter is an index to indicate the performance of a
student in a particular course/ Paper. It is the transformation of actual marks
secured by a student in a course/paper. It is indicated by a Grade letter O, A, B,
C, D, E and F. There is a range of marks for each Grade
h) Semester Grade Point Average (SGPA): SGPA indicates the performance
of a student in a given Semester. It is based on the total credit points earned by
the student in all the courses and the total number of credits assigned to the
courses/papers in a Semester.
6. Rules of Promotion/ ATKT :‐ A) LL.B.Course.
1. To promote a student in to 2nd, 4th and 6th Semester: A student is being
eligible for promotion to the 2nd, 4th and 6th Semester must have successfully
kept the terms for the 1st, 3rd and 5th Semester respectively, irrespective of the
result of these Semester examination.
2. To promote a student in to 3rd Semester: A student is being eligible for
admission to the 3rd Semester must have either passed in the 1st and 2nd
Semester or must have got exemption in at least six Papers of the 1st and 2nd
Semesters.
3. To promote a student in to 5th Semester: A student is being eligible for
admission to the 5th Semester must have either passed in the 3rd and 4th
Semesters or must have got exemption in at least six Papers of the 3rd and 4th
Semesters & pass 1 & 2 Semester examination.
B) For B.A.LL.B.Course.
1. To promote a student in to 2nd, 4th, 6th, 8th and 10th Semester: A student is
being eligible for promotion to 2nd, 4th, 6th, 8th and 10th Semester must have
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successfully kept the terms for the 1st, 3rd, 5th, 7th and 9th Semester
respectively, irrespective of the result of these Semester Examinations.
2. To promote a student in to 3rd Semester: A student for being eligible is
admission to the 3rd Semester must have either passed in the 1st and 2nd
Semesters or must have got exemption in at least four Papers of the 1st and
2nd Semesters.
3. To promote a student in to 5th Semester: A student for being eligible is
admission to the 5th Semester must have either passed in the 3rd and 4th
Semesters or must have got exemption in at least four Papers of the 3rd and 4th
Semesters & pass 1 & 2 Semester examination.
4. To promote a student in to7th Semester: A student for being eligible is
admission to the 7th Semester must have either passed in the 5th and 6th
Semesters or must have got exemption in at least Six Papers of the 5th and 6th
Semesters & pass 3 & 4 Semester examination.
5. To promote a student in to 9th Semester: A student is being eligible for
admission to the 9th Semester must have either passed in the 7th and 8th
Semesters or must have got exemption in at least Six Papers of the 7th and 8th
Semesters. & pass 5 & 6 semester examination.
7. Scheme of evaluation :- The Students has to appear external evaluation (
University Exam ) for 70 Marks and Internal evaluation of 30 marks for each
paper. The internal evaluation is a process of continues assessment. The nature of
internal evaluation is decided by the principal of the college and concerned subject
teacher at the beginning of semester. The distribution of 30 marks (any three
components) internal evaluation shall be as follows.
a) Home assignment - 10 Marks.
b) Test(mid/Pre Sem) - 10 Marks.
c) Seminar & Presentation - 10 Marks.
d) Project work(Doctrinal/Non Doctrinal) - 10 Marks.
e) Legal Literacy Camp (Topic Preparation & Presentation)- 10 Marks.
f) Legal Aid Clinic work (One Week) - 10 Marks.
g) Jail/Juvenile Home/Remand Home Visit - 10 Marks.
h) Viva- Voce - 10 Marks.
i) Participation & Assistance in Lok-Adalat - 10 Marks.
j) Writing case comment (Two Cases) - 10 Marks.
k) Internship(One Week) - 10 Marks.
Internship: A) Each registered student shall have to complete minimum
of 12 weeks Internship for Three Years LL.B. Degree Course stream and 20
weeks in case of Five Year Integrated B.A., LL.B. Course stream during the entire
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period of Legal studies under NGO, associated with human rights, environment,
women empowerment child labour bonded labour etc. Trial and Appellate courts,
Advocates, Judiciary, Police Station, Land Revenue and registrar office,
Tribunals, Family Counselling Centre, Law firms, Companies, Local Self
Government, Labour welfare department in factories etc. provided that
Internship in any year cannot be for a continuous period of more than Four Weeks
and all Students shall at least have gone through once in the entire academic
period with Trial and Appellate Advocates.
Each student shall keep internal record or Internship Diary to be evaluated
by the concerned Teaching Faculty member. The marks shall be awarded in each
paper in each Semester .
Evaluation System on the basis of Credit based Award Pattern: Based on
his/her continuous evaluation, the academic performance of a student during a
semester shall be graded on a Seven‐point scale. The grade awarded to a student
shall depend on his/her performance in external & internal examinations.
(a) The academic performance of a student during a semester and at the end of the
programme, shall be evaluated on the basis of:
(i) Grade Point (GP) obtained in each subject
(ii) Semester Grade Point Average (SGPA),
(iii) Cumulative Grade Point Average (CGPA)
(b) Marks for Extra Curricular Components (E.C.C) are to be awarded at the
end of each even semester in recognition of achievements in
sports/cultural/N.S.S/NCC as per the rules and instruction of the University provided
in this regard from time to time. The marks shall be used for upgrading CGPA.
(c) At the end of each semester examination, a student shall be awarded a Semester
Grade Point Average (SGPA). A Cumulative Grade Point Average (CGPA) shall be
awarded to each student at the end of Final Semester of the Programme. The details
regarding method of calculating SGPA & CGPA is explained in detail in para 3.
d) Student who passed Audit Course shall be given 'AU' grade, while students who
failed in Audit course will be given 'X' grade. However, these grades and marks in
Audit Course shall not be considered for calculation of SGPA & CGPA.
8. Standard of Passing:
1. A candidate shall be declared to have passed in the semester examination it he
has obtained not less than 40 marks ( 28 external university, 12 in internal
examination) in each paper & not less than an aggregate of 50% of Marks in all
the papers of Semester examination.
2. A Candidate may be exempted from appearing in paper or papers of each
semester in which he has secured not less than 50% marks.
3. A student who failed in University semester examination (Theory) and passed
internal examination of paper ( subject)Shall be given FC Grade. Such student
will have to appear for term end examination only. A student who failed in
internal examination and passed in University Examination ( Theory) shall be
given FR Grade. Such student will have to appear for term end examination as
well as internal examination.
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9. Grace Marks 1% will be given for passing as per the existing rules (Ordinance)
10.Award of Grade Letter, Grade Points, Credit Points, SGPA, CGPA:
(a) Award of Grade Letter and Grade Points: Each course/paper shall be valued in
Seven Grades. The letter grades and their equivalent grade points are listed
below
Sr.No Marks Grade Grade Points
Obtained out of
100
1 75-100 O: Outstanding 06
2 65-74 A: Very Good 05
3 55-64 B: Good 04
4 50-54 C : Average 03
5 45-49 D : Satisfactory 02
6 40-44 E : Pass 01
7 00-39 F : Fail 00-FC ( Failed in semester end Exam)
00-Fr ( Failed in internal (CA) Exam)
(a) Calculation of Credit Points (CP): Credit Points for the course = No. of
Credits assigned for the course x Grade Point secured for that course.
(b) Semester Grade Point Average (SGPA): SGPA indicates the performance of a
student in a given Semester.SGPA is based on the total credit points earned by the
student in all the courses and the total number of credits assigned to the
courses/papers in a Semester. SGPA shall be rounded off to two decimal points.
(e.g - 6.578 rounded to 6.58 & 6.574 will be rounded to 6.57)
SGPA= Total Credit Points Obtained in the Semester
Total Number of Credits for the Semester
Provided that SGPA is computed only if the candidate passes in all the courses (gets a
minimum ‘E’ Grade in all Courses).
(c) Cumulative Grade Point Average (CGPA) : CGPA refers to the Cumulative
Grade Point Average weighted across all the semesters. CGPA shall be rounded to two
decimal Points (e.g - 6.578 rounded to 6.58 & 6.574 will be rounded to 6.57)
CGPA = Total Credit Points Obtained in all Semesters
Total Credits of all Semesters
Provided that CGPA is calculated only when the candidate passes in all the courses of all
the semesters.
11. Award of the Degree: For LL.B. A student will be eligible for the award of LL.B
(3- yrs) Degree only when he has successfully completed all the prescribed 30 courses
with a total of 180 credits and obtained a minimum CGPA of 2.50 out of 6.00 and after
payment of prescribed fee The result of the successful candidates as per the
following criterion:
For BALL.B. A student will be eligible for the award of B.A.LL.B (5 yrs) Degree only
when he has successfully completed all the prescribed 42 courses with a total of 252
credits and obtained a minimum CGPA of 2.50 out of 6.00 and after payment of
prescribed fee The result of the successful candidates as per the following
criterion:
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LL.B.COURSE STRUCTURE
LL.B.PART-I SEMESTER-1 (W.E.F.2014-2015)
S. Paper Title Credit Total Marks Duration of
No No Ext+Int =Total Exam
1 I Law of Contract 06 70+30=100 2:30 hrs
2 II Special Contract 06 70+30=100 2:30 hrs
3 III Law of Tort including MV Accident and 06 70+30=100 2:30 hrs
consumer protection Laws
4 IV Law of Crimes Paper-I : Penal Code 06 70+30=100 2:30 hrs
5 V Constitutional Law -I 06 70+30=100 2:30 hrs
LL.B.PART-I SEMESTER-1I
S. Paper Title Credit Total Marks Duration of Exam
No No Ext+Int =Total
6 VI Family Law -I 06 70+30=100 2:30 hrs
7 VII Administrative Law 06 70+30=100 2:30 hrs
8 VIII Labour & Industrial Law-I 06 70+30=100 2:30 hrs
9 IX Public International Law 06 70+30=100 2:30 hrs
10 X Environmental Law 06 70+30=100 2:30 hrs
LL.B.PART-II SEMESTER-1V
S. Paper Title Credit Total Marks Duration of Exam
No No Ext+Int =Total
16 VI Family Law-II 06 70+30=100 2:30 hrs
17 VII Constitutional Law-II 06 70+30=100 2:30 hrs
18 VIII A)Insurance Law 06 70+30=100 2:30 hrs
OR
B)Trade Mark & Design
19 IX Professional Ethics & Professional 06 70+30=100 2:30 hrs
Accounting System(Clinical Course)
20 X Alternative Dispute Resolation(Clinical 06 50+50=100 02-Hrs
Course.)
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LL.B.PART-III- SEMESTER-VI
S. Paper Title Credit Total Marks Duration of Exam
No No Ext+Int =Total
26 VI A)Land Laws Including Tenure & 06 70+30=100 2:30 hrs
Tenancy System
OR
B)Health Law.
27 VII A)International Organization 06 70+30=100 2:30 hrs
OR
B)Equity & Trust.
28 VIII A)Women and Criminal Law 06 70+30=100 2:30 hrs
OR
B)International Human Rights
29 IX Drafting ,Pleading & Conveyance 06 100 No Theory Exam
(Clinical Course)
30 X Moot Court ,Exercise and Internship 06 100 No Theory Exam
(Clinical Course)
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SOLAPUR UNIVERSITY
SOLAPUR
Syllabus for
First and Second Semester of Three Year LL.B. Course and Fifth and
Sixth Semester of the Five Year Integrated B.A., LL.B Degree Course
(Introduced from the academic Year 2014‐2015)
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LL.B.COURSE STRUCTURE
LL.B.PART‐I SEMESTER‐1 (W.E.F.2014‐2015)
LL.B.PART‐I SEMESTER‐1I
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SEMESTER – I OF THREE YEAR LL.B. DEGREE COURSE AND
SEMSTER – V OF FIVE YEAR INTEGRATED B.A., LL.B. DEGREE COURSE
PAPER ‐ I
LAW OF CONTRACT
Objectives of the Course:‐
Every man in his day‐to‐day life from dawn to dusk makes a variety of contracts. Man's contract
making activities increase with the increasing trade, commerce and industry. In a way of living in a modern
society would be impossible if the law did not recognize this contract making power of a person. This
prompted Roscoe Pound to make his celebrated observation: "Wealth, in a commercial age, is made up
largely of promises." In this sense India is also a "Promissory" Society.
The conferment and protection by the law of this contract making a power of persons gives them a
considerable leeway to strike best bargain for the contract making persons. In a way they are permitted to
regulate and define their relations in a best possible manner they choose. However, the contours of
contractual relations in a feudal, colonial and capitalist society of pre‐independence India cannot
necessarily be the same in an independent and developing Indian society. Whatever may be the nature of a
given society, the contractual relations, as are obtained in that society, are governed by certain principles
which are more or less of a general and basic nature. In India these general principles are enacted in the
form of the Indian Contract Act 1872.
This course is designed to acquaint a student with the conceptual and operational parameters
of these various general principles of contractual relations.
Specific enforcement of contract is an important aspect of the Law of Contracts. Analysis of
the kinds of contracts that can be specifically enforced and the methods of enforcement forms a significant
segment of this study.
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SEMESTER – I & V
1. General Principles of Law of Contract
1.1 History and nature of contractual obligations
1.2 Agreement and Contract: definition, elements and kinds.
1.3 Proposal and acceptance ‐ their various forms, essential elements. Communication and
revocation ‐ proposal and invitations for proposal ‐ floating offers – tenders ‐dumping of goods.
1.4 Consideration‐ its need, meaning, kinds, essential element‐ nudum pactum ‐ privity of
contract and of consideration ‐ its exceptions‐ adequacy of consideration ‐ present, past and
adequate consideration ‐ evaluation of the doctrine of consideration.
1.5 Capacity of contract ‐ meaning ‐incapacity arising out of status and mental defect ‐ minor's
agreements ‐ definitions of 'minor' ‐accessories supplied to a minor ‐agreements beneficial
and detrimental to a minor –affirmation ‐restitution in cases of minor's agreements ‐fraud by
a minor ‐agreements made on behalf of a minor ‐minor's agreements and estoppel ‐evaluation
of the law relating to minor's agreements ‐other illustrations of incapacity to contract.
1.6 Free consent ‐Its need and definition ‐factors vitiating free consent
1.6.1 Coercion – definition ‐essential elements ‐duress and coercion ‐various
illustrations of coercion ‐Doctrine of economic duress ‐effect of coercion.
1.6.2 Undue influence –definition ‐essential elements ‐between which parties can it exist? Who
is to prove it? Illustrations of undue influence ‐Independent advice‐pardahnashin women ‐
unconscionable bargains ‐effect of undue influence.
1.6.3 Misrepresentation ‐ definition‐misrepresentation of Law and of fact ‐their effects and
illustration.
1.6.4 Fraud –definition ‐essential elements suggestio falsi ‐ supperesio very ‐when does silence
amount to fraud? Active concealment of truth ‐importance of intention.
1.6.5 Mistake –definition –kinds ‐fundamental error ‐mistake of Law and of fact‐their
effects ‐ When does a mistake vitiate free consent and when does it not vitiate free
consent?
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1.7 Legality of objects:‐
1.7.1 Void agreements ‐ Lawful and unlawful considerations, and objects ‐
void, voidable, illegal and unlawful agreements and their effects.
1.7.2.3 Fraudulent
1.7.2.4 Injurious to person or property
1.7.2.5 Immoral
1.7.2.6 Against public policy
1.7.3 Void Agreements
1.7.3.1 Agreements without consideration
1.7.3.2 Agreements in restraint of marriage
1.7.3.3 Agreements in restraint of trade ‐ its exceptions ‐ Sale of goodwill,
section ‐11 restrictions, under the Partnership Act, trade combinations,
exclusive dealing agreements, restraints on employees under
agreements of service.
1.7.3.4 Agreements in restraint of legal proceedings ‐its exceptions.
1.7.3.5 Uncertain agreements.
1.7.3.6 Wagering agreement ‐its exceptions.
1.8 Discharge of contract and its various modes.
1.8.2 By breach ‐ anticipatory breach and present breach.
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1.8.3 Impossibility of performance ‐ specific grounds of frustration‐ application to leases
‐ theories of frustration ‐ effect of frustration – frustration and restitution.
1.8.4 By period of limitation.
1.8.5 By agreement ‐ rescission and alteration ‐ their effect ‐ remission and waiver of performance ‐
extension of time accord and satisfaction.
1.9 Quasi Contracts or certain relations resembling those created by contract
1.10 Remedies in contractual relations:
1.10.1 Damages ‐kinds‐ remoteness of damages ‐ascertainment of damages.
1.10.2 Injunction‐ When granted and when refused ‐Why?
1.10.3 Refund and restitution
1.10.4 Specific performance‐when? Why?
2 . Government as a Contracting Party
3 . Standard Form Contract
Nature, advantages ‐unilateral character, principles of protection against the possibility of exploitation‐
judicial approach to such contracts ‐exemption clauses‐ clash between two standard form contracts ‐
Law commissions of India's views
4. Multi‐national Agreement
5. Strategies and constraints to enforce Contractual obligations
5.1 Judicial methods ‐redressal forum, remedies
5.2 Other methods like arbitration, Lok Adalat, Nyaya Panchayat and other
such non‐formal methods.
5.3 Systemic constraints in settling contractual disputes
5.3.1 Court fees, service of summons, injunctions, delay.
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6. Specific Relief
6.1 Specific performance of contract
6.1.1 Contract that can be specifically enforced
6.1.2 Persons against whom specific enforcement can be ordered
6.2 Rescission and cancellation
6.3 Injunction
6.3.1 Temporary
6.3.2 Perpetual
6.4 Declaratory orders
6.5 Discretion and powers of court
SELECT BIBLIOGRAPHY
1. Beatsen (ed.) Anson's Law of Contract (27th ed. 1998)
2. P.S. Atiya Introduction to the Law of Contract 1992 Reprint (Claredon Law Series)
3. Avtar Singh, Law of Contract (2000) Eastern, Lucknow.
4. G.C. Cheshire, and H.S. Fifoot and M.P. Furmston, Law of Contract (1992) ELBS with
Butterworth’s
5. M. Krishnan Nair, Law of Contracts (1998)
6. G.H. Treitel, Law of Contract, Sweet & Maxwell (1997 Reprint)
7. R.K. Abichandani (ed.), Pollock and Mulla on the Indian Contract and the specific
Relief Act (1999), Tripathi
8. Banerjee S.C. Law of Specific Relief (1998), Universal
9. Anson, Law of Contract (1998) Universal
10. Dutt on Contract (2000) Universal
11. Anand & Aiyer, Law of Specific Relief (1999) Universal
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PAPER ‐ II
SPECIAL CONTRACT
Objectives of the Course:
This course is to be taught after the students have been made familiar with the general
principles of contract in which the emphasis is on understanding and appreciating the basic essentials of
a valid contract and on the existence of contractual relationship in various instances. Obviously, a
course on special contracts should initiate the students to different kinds of contracts with emphasis on the
intricacies therein. This course also should provide an insight into the justification for special statutory
provisions for certain kinds of contracts.
SEMESTER –I & V
1. Indemnity
1.1 The concept
1.2 Need for Indemnity to facilitate commercial transactions
1.3 Methods of creating Indemnity obligations
1.4 Definition of Indemnity
1.5 Nature and extent of liability of the indemnifier
1.6 Commencement of liability of the indemnifier
1.7 Situations of various types of indemnity creations
1.8 Documents / Agreements of indemnity
1.9 Nature of indemnity clauses
1.10 Indemnity in cases of International transactions
1.11 Indemnity by governments during interstate transactions
2. Guarantee
2.1 The concept
2.2 Definition of Guarantee: as distinguished from, indemnity.
2.3 Basic essentials for a valid guarantee contract
2.4 The place of consideration and the criteria for ascertaining the existence of
consideration in guarantee contracts
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2.5 Position of Minor and validity of guarantee when minor is the principal debtor,
creditor or surety
2.6 Continuing guarantee
2.6.1 Nature of surety's liability
2.6.2 Duration and termination of such liability
2.7 Illustrative situations of existence of continuing guarantee
2.7.1 Creation and Identification of continuing guarantees
2.8 Letter of credit and bank guarantees as instances of guarantee
transactions
2.9 Rights of surety
2.9.1 Position of surety in the eye of law
2.9.2 Various judicial interpretations to protect the surety.
2.10 Co‐surety and manner of sharing liabilities and rights
2.11 Extent of surety's liability
2.12 Discharge of surety's liability
3. Bailment
3.1 Identification of bailment contracts in day today life.
3.1.1 Manner of Creation of such contracts
3.2 Commercial Utility of Bailment contracts
3.3 Definition of Bailment
3.4 Kinds of Bailees
3.5 Duties of Bailor and Bailee towards each other
3.6 Rights of Bailor and Bailee
3. 7 Finder of Goods as a Bailee
3.7.1 Liability towards the true owner
3.7.2 Obligation to keep the goods safe
3.7.3 Right to dispose of the goods
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4 Pledge
4.1 Pledge: Comparison with bailment
4.2 Commercial utility of pledge transactions
4.3 Definition of Pledge under the Indian Contract Act.
4.4 Other Statutory Regulations (State & Centre) regarding pledge,
Reasons for the same
4.5 Rights of the Pawner and Pawnee.
4.5.1 Pawnee's right of sale as compared to that of an ordinary
Bailee.
4.6 Pledge by certain specified persons mentioned in the Indian Contract Act
5. Agency
5.1 Identification of different kinds of agency transactions in day‐to‐day life in the
commercial world.
5.2 Kinds of Agents and Agencies.
5.3 Essentials of an agency transaction.
5.4 Various methods of creation of agency.
5.5 Delegation
5.6 Duties and rights of Agent.
5.7 Scope and extent of agent's authority.
5.8 Liability of the principal for acts of the agent including misconduct and tort of the
agent.
5.9 Liability of the agent towards the principal
5.10 Personal liability towards the parties.
5.11 Methods of termination of agency contract
5.11.1 Liability of the principal and agent before and after such termination.
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6. Sale of Goods
6.1 Concept of sale as a contrac
6.2 Illustrative instances of sale of goods and the nature of such contracts.
6.3 Essentials of contract of sale
6.4 Essential conditions in every contract of sale.
6.5 Implied terms in contract of sale.
6.6 The Rule of caveat emptor and the exceptions thereto under the Sale of Goods
Act
6.7 Changing concept of caveat emptor.
6.8 Effect and meaning of implied warranties in a sale.
6.9 Transfer of title and passing of risk
6.10 Delivery of goods: Various rules regarding delivery of goods
6.11 Unpaid Seller and his rights.
6.12 Remedies for breach of contract
7. Partnership
7.1 Nature of partnership: definition
7.2 Distinct advantages and disadvantages vis‐a‐vis partnership and private limited
company.
7.3 Mutual relationship between partners
7.4 Authority of partners.
7.5 Admission of partners.
7.6 Outgoing of partners
7.7 Registration of partnership
7.8 Dissolution of partnership
8. Negotiable Instruments
8.1 The Concept
8.2 Various kinds
8.3 Essential requirement to make an instrument negotiable
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8.4 Competent parties for making negotiations.
8.5 Acceptance of the instruments.
8.6 Dishonour by non‐acceptance and remedies available to the holder
8.7 Holder and holder in due course: meaning, essential conditions rights and
privileges of holder in course and endorsee from the holder in due course.
8.8 Negotiation of the instrument
8.9 Presentment of the instrument
8.10 Cheques : Rules regarding payment of cheque.
8.10.1 Liability of the collecting banker and paying banker.
8.10.2. Dishonour of cheque and its effect.
8.10.3 Discharge from liability.
8.11 .Kinds of Bills
8.12 Evidence
8.12.1 Special rules of evidence regarding negotiable instruments.
SELECT BIBLIOGRAPHY
1 R.K. Abhichandani (ed.) Pollock and Mulla on Contracts and Specific Relief Acts (1999)
Tripathi, Bombay.
2 Avtar Singh, Contract Act (2000) Eastern, Lucknow.
3 Krishnan Nair, Law of contract (1999) Orient.
4 Avtar Singh, Principles of the Law of Sale of Goods and Hire Purchase (1998) Eastern,
Lucknow.
5 J.P.Verma (ed.) Singh and Gupta, The law of partnership in India (1999) Orient Law
House, New Delhi.
6 A.G. Guest (ed) Benjamin's Sale of Goods (1992) Sweet& Maxwell
7 Bhashyam and Adiga. The Negotiable Instruments Act (1995), Bharath,
Allahabad.
8 M.S.Parthasarathy (ed.) J.S.Khergamvala, The Negotiable Instruments Act
21
9 Beatson (ed), Anson’s Law of Contract, (1998), Oxford, London.
10 Saharay, H.K., Indian Partnership and Sale of Goods Act (2000), Universal
11 Ramnainga, The Sale of Goods Act (1998), Universal
PAPER ‐ III
LAW OF TORT INCLUDING MV ACCIDENT AND CONSUMER PROTECTION
LAWS
Objective of the course
In the modern era of consumer concern of goods and services, the law of torts has an
added significance with this forage into the emerging law of consumer protection. It operates
in disputes relating to the quality of goods supplied and services rendered and in those areas
relating to damage suffered by consumers. The law relating to consumer protection lying
scattered in myriad provisions of various legislation and judicial decisions in India, so
connected with the human rights for a healthy life and environment, is now a core subject to
be taught as an indispensable part of a socially relevant curriculum.
SEMESTER – I & V
1. Evolution of Law of Torts ‐
1.1 England ‐ forms of action ‐specific remedies from case to case.
1.2 India‐ principles of justice, equity and good conscience – un‐codified
charter ‐advantages and disadvantages.
22
2. Definition, Nature, Scope and Objects
2.1 A wrongful act‐ violation of duty imposed by law, duty which is owed to people
generally (in rem) ‐ damnum sine injuria and injuria sine damnum.
2.1.1 Tort distinguished from crime and breach of contract
2.1.2 The concept of un‐liquidated damages.
2.1.3 Changing scope of law of torts: expanding character of duties owed to people
generally due to complexities of modern society.
2.1.4 Objects ‐ prescribing standards of human conduct, redressal of wrongs by payment
of compensation, proscribing unlawful conduct by injunction.
3. Principles of Liability in Torts
3.1 Fault
3.1.1 Wrongful intent
3.1.2 Negligence
3.2 Liability without fault
3.3 Violation of ethical codes
3.4 Statutory Liability
3.5 Place of motive in Torts
4. Justification in Tort
4.1 Volenti non fit injuria
4.2 Necessity, private and public
4.3 Plaintiff's default
4.4 Act of God
4.5 Inevitable accident
4.6 Private defence
4.7 Statutory Authority
4.8 Judicial and quasi‐judicial acts.
4.9 Parental and quasi‐parental authority.
5. Extinguishment of liability in certain situations.
5.1 Actio personalis moritur cum persona ‐ exceptions.
5.2 Waiver and acquiescence
5.3 Release
5.4 Accord and satisfaction.
5.5 Limitation.
23
6. Standing
6.1 Who may sue ‐ aggrieved individual ‐ class action ‐social action groups.
6.2 Statutes granting standing to certain persons or groups.
6.3 Who may not be sued?
7. Doctrine of Sovereign Immunity and its relevance in India.
8. Vicarious Liability
8.1 Basis, scope and justification
8.1.1 Express authorization
8.1.2 Ratification
8.1.3 Abetment
8.2 Special Relationships.
8.2.1 Master and Servant ‐arising out of and in the course of employment ‐ who is
master? ‐ the control test ‐ who is servant? ‐ borrowed servant ‐ independent
contractor and servant, distinguished.
8.2.2 Principal and agent
8.2.3 Corporation and principal officer
9. Torts against persons and personal relations.
9.1 Assault, Battery, Mayhem.
9.2 False imprisonment
9.3 Defamation ‐ libel, slander including law relating to privileges.
9.4 Marital relations, domestic relations, parental relations, master and servant relations
9.5 Malicious prosecution
9.6 Shortened expectation of life
9.7 Nervous shock
10. Wrongs affecting property.
10.1 Trespass to land, trespass ab initio, dispossession
10.2 Movable property ‐ trespass to goods, detinue, conversion.
10.3 Torts against business interests ‐ injurious falsehood, misstatements, passing off
24
11. Negligence
11.1 Basic Concepts.
11.1.1 Theories of negligence
11.1.2 Standards of care, duty to take care, carelessness, inadvertence
11.1.3 Doctrine of Contributory Negligence
11.1.4 Res ipsa loquitor and its importance in contemporary law
11.2 Liability due to negligence: different professionals
11.3 Liability of Common carriers for negligence
11.4 Product liability due to negligence: liability of manufacturers and business
houses for their products
12. Motor Vehicles Accident
12.1 No Fault Liability: Section 140 of the Motor Vehicles Act, 1988
12.2 Hit and Run cases: Section 163
12.3 Structured Formula: As a guide in awarding compensation in death or
bodily injury cases: Section 163 – A
12.4 Claims Tribunal: Section 165
12.5 Application for Compensation: Section 166
12.6 Award of Claims Tribunal: Section 168
12.7 Procedure and Powers of Claims Tribunal: Section 169
12.8 Award and Interest: Section 171
12.9 Appeals: Section 173
13 Nuisance
13.1. Definition, essentials and types
13.2 Acts which constitute nuisance ‐ obstructions of highways, pollution of air, water, noise and
interference with light and air
14 Absolute/Strict Liability.
14.1 The Rule in Ryland's V. Fletcher.
14.2 Liability for harm caused by inherently dangerous industries.
25
15 Legal remedies.
15.1 Legal remedies
15.1.1 Award of damages ‐ simple, special, punitive.
15.1.2 Remoteness of damages ‐ foreseeability and directness
15.1.3 Injunction
15.1.4 Specific Restitution of property
15.2 Extra legal remedies ‐ self‐help, re‐entry on land, re‐caption of
goods, distress damage feasant and abatement of nuisance.
16 Consumer movements: Historical perspectives.
16.1 Common law protection: contract and torts.
16.2 Consumerism in India: Food adulteration, drugs and cosmetics ‐essential
commodities.
16.2.1 Criminal Sanction: Sale of noxious and adulterated substances, false weights
and measures. Use of unsafe carriers.
17 Consumer, the Concept.
17.1 General perspectives.
17.2 Statutory and government services: to be included or not?
17.3 Definition and scope: the consumer Protection Act 1986 (CPA)
17.3.1 Who is not a Consumer?
18 Unfair Trade Practices
18.1 Misleading and false advertising.
18.2 Unsafe and Hazardous products.
18.3 Disparaging competitors
18.4 Business ethics and Business self‐regulation
18.5 Falsification of trade mark.
26
19 Consumer of Goods
19.1 Meaning of defects in goods
19.2 Standards of purity, quality, quantity, and potency
19.2.1 Statutes : food and drugs, engineering and electrical goods
19.2.2 Common law: decision of courts
20 Consumer Safety
20.1 Starting, distribution and handling of unsafe and hazardous products \
20.2 Insecticides and pesticides and other poisonous substances
21 Service
21.1 Deficiency ‐meaning
21.2 Professional services
21.3 Public Utilities
22 Enforcement of Consumer Rights
22.1 Consumer forum under CPA: Jurisdiction, powers and
functions
22.1.1 Execution of orders
22.1.2 Judicial review
22.2 P.I.L.
22.3 Class Action
22.4 Remedies
22.5 Administrative remedies
27
SELECT BIBLIOGRAPHY:
1. Salmond and Heuston ‐On the Law of Torts (2000) Universal, Delhi
2. D.D. Basu, The Law of Torts (1982), Kamal, Calcutta
3. B.M. Gandhi, Law of Tort (1987), Eastern, Lucknow
4. Ratanlal & Dhirajlal, The Law of Torts (1997), Universal, Delhi
5. Winfield and Jolowiz on Tort (1999), Sweet and Maxwell, London.
6. Saraf, D.N. Law of Consumer protection in India (1995), Tripathi, Bombay
7. Avtar Singh, The Law of Consumer Protection: Principles and Practice (2000),
Eastern Book Co., Lucknow
8. J.N. Barowalila, Commentary on Consumer Protection Act 1986 (2000), Universal Delhi
9. P.K. Majundar, The law of Consumer Protection in India (1998), Orient Publishing Co., New
Delhi.
10. R.M. Vats, Consumer and the Law (1994), Universal, Delhi.
11. Law Relating to Accident Claims in India‐ H.P. Shrivastava.
12. The Motor Vehicles Act, 1988 Professional Book Publishers.
13. The Motor Vehicles Act 1988 Eastern Book Company.
PAPER ‐ IV
LAW OF CRIMES PAPER ‐ I: PENAL CODE
Objectives of the course:
The Indian society has changed very rapidly since Independence. A proper understanding of crimes,
methods of controlling them and the socio‐economic and political reasons for their existence is now
extremely important in the larger context of India's development, if students are to use their knowledge
and skills to build a just and humane society. The curriculum outlined here attempts to bring in these
new Perspectives.
28
SEMESTER‐ I & V
1. Actus non facit reum nisi mens sit rea
2. Stages in commission of crime: Intention, Preparation, Attempt, Commission
3. Operation of the Indian Penal Code: Intra‐territorial and Extra‐territorial
4. Definitions in the Penal Code
5. Law relating to Joint Offenders (Ss. 34‐38)
6. Types of Punishment
7. General Exceptions
7.1. Mistake of Fact
7.2. Judicial Acts
7.3. Accident
7.4. Absence of Criminal Intent
7.5. Act done by Consent
7.6. Trifling acts
7.7. Right of Private Defence
8. Abetment
8.1. Abetment by instigation
8.2. Abetment by engaging in a conspiracy
8.3. Abetment by aiding a person to commit it
8.4. Punishment for Abetment
8.5. General Provisions relating to Abetment
9. Criminal Conspiracy
10. Offences against the State
11. Offences against the Public Tranquillity
11.1 Unlawful Assembly
11.2 Rioting
11.3 Promoting enmity between different groups
11.4 Affray
12. Offences by or relating to Public Servants
13. Offences relating to Elections
14. Contempt of the Lawful Authority of Public Servants
29
15. False Evidence and Offences against Public Justice
15.1 Giving False Evidence
15.2 Fabricating False Evidence
15.3 Causing disappearance of evidence, giving false information, destruction of document and
electronic record
15.4 False Personation
15.5 False charge of an Offence
15.6 Harbouring Offenders
15.7 Intentional Insult to Public Servant sitting in Judicial Proceeding
15.8 Failure by person released on bail or bond to appear in court
16. Counterfeiting of Coins and Government Stamps
17. Offences affecting the Public Health, Safety, Convenience and Decency, Morals
18. Offences relating to Religion
19. Offences affecting the Human Body
19.1. Culpable Homicide
19.2. Murder
19.3. Causing Death by Negligence
19.4. Dowry Death
19.5. Abetment and Attempt to commit Suicide
19.6. Causing Miscarriage
19.7. Hurt and Grievous Hurt
19.8. Wrongful Restraint and Wrongful Confinement
19.9. Criminal Force and Assault
19.10 Kidnapping and Abduction
19.11 Rape
19.12 Unnatural Offences
20. Offences against Property
20.1. Theft
20.2. Extortion
20.3. Robbery
30
20.4. Dacoity
20.5. Criminal Misappropriation of Property
20.6. Criminal Breach of Trust
20.7. Receiving stolen property
20.8. Cheating
20.9. Fraudulent deeds and disposition of property
20.10 Mischief
20.11 Criminal Trespass
20.12 House‐Trespass
20.13 Lurking House‐Trespass
20.14 House‐breaking
21. Offences relating to Documents
21.1. Forgery
21.2. Falsification of accounts
22. Offences relating to Property Mark
22.1. Using a false Property Mark
22.2. Counterfeiting a Property Mark
23. Offences relating to Currency‐Notes and Bank‐Notes
23.1. Counterfeiting currency‐notes or bank‐notes
23.2. Using as genuine counterfeit currency‐notes or bank‐notes
24. Offences relating to Marriage
24.1. Bigamy
24.2. Adultery
25. Husband or relative of husband of a woman subjecting her to cruelty
26. Defamation
26.1. Definition of Defamation
26.2. Exceptions to Defamation
27. Criminal Intimidation, Insult and Annoyance
28. Attempt to commit offences
SELECT BIBLIOGRAPHY:
31
1 K.D.Gaur, Criminal Law: Cases and Materials(1999) Butterworth’s, India
2 Ratanlal‐ Dhirajlal's Indian Penal Code (1994 reprint)
3 K.D. Gaur, A Text Book on the Indian Penal Code (1998) Universal, Delhi
4 P.S. Achuthan Pillai, Criminal Law (1995) Eastern, Lucknow
5 Hidayathulla, M. et. al. Ratanlal and Dhirajlal. The Indian Penal Code (1994 reprint), Wadhawa &
Co. Nagpur
6 B.M. Gandhi, Indian Penal Code (1996) Eastern Nagpur.
PAPER ‐V
CONSTITUTIONAL LAW PAPER‐I
Objectives of the Course.
India is a democracy and her Constitution embodies the main principles of the democratic
Government how it comes into being, what are its powers, functions, responsibilities and obligations‐ how
power is limited and distributed. Whatever might have been the original power base of the Constitution,
today it seems to have acquired legitimacy as a highest norm of public law. A good understanding of the
Constitution and the law, which has developed through constitutional amendments, judicial decisions,
constitutional practice and conventions is, therefore, absolutely necessary for a student of law. He must
also know the genesis, nature and special features and be aware of the social, political and economic
influence on the Constitution.
The purpose of teaching constitutional law is to highlight its never‐ending growth. Constitutional
interpretation is bound to be influenced by one's social economic or political predictions. A student
must, therefore, learn how various interpretations of the Constitution are possible and why a significant
interpretation was adopted in a particular situation. Such a critical approach is necessary
requirement in the study of constitutional law.
Judicial review is an important aspect of constitutional law. India is the only country where the
judiciary has the power to review even constitutional amendments. The application of basic
structure objective in the evaluation of executive actions is an interesting development of Indian
constitutional law, Pari passu the concept of secularism and federalism engraved in the constitution are,
and are to be, interpreted progressively
32
SEMESTER – I & V
1. The Making of the Constitution
1.1. Composition of the Constituent Assembly
1.2. Committees and Sub‐Committees of the Constituent Assembly
1.3. Working of the Constituent Assembly
1.4. Commencement of the Constitution
2. Salient Features of the Constitution
3. Preamble of the Constitution
3.1. Preamble whether part of the Constitution.
3.2. Purpose of the Preamble
3.3. Preamble, limits on its amendment
3.4. Role of the Preamble
4. Union and its Territory
4.1. Name of the Union.
4.2. States and Union Territories
4.3. Admission, Establishment and Formation of New States.
4.4. Alteration of areas, boundaries and names of States.
5. Citizenship
5.1 Meaning of Citizenship
5.2 Citizenship at the Commencement of the Constitution
5.3 Regulation of the right of Citizenship by Parliamentary Law
5.4 Acquisition of Citizenship and loss of Citizenship.
6. Fundamental Rights
6.1 Definition of ‘State’
6.2 Laws inconsistent with fundamental rights.
6.3 Right to Equality
6.4 Right to Freedom
6.4.1 Rights Under Article 19
6.4.2 Protection in respect of conviction of offences
33
6.4.3 Protection of life and personal liberty
6.4.4 Protection against arrest and detention
6.5 Right to Education
6.6 Right against Exploitation
6.7 Right to Freedom of Religion
6.8 Cultural and Educational Rights
6.9 Rights to Constitutional Remedies
6.10 Exceptions to Fundamental Rights ‐ Article 31A, 31B, 31C.
7 Directive Principles of State Policy
7.1 Directive Principles ‐ directions for social change ‐ a new social order
7.2 Fundamental Rights and Directive Principles – interrelationship
7.3 Constitutional amendments to strengthen Directive Principles
7.4 Reading Directive Principles into Fundamental Rights
8 Fundamental Duties
8.1 The need and status of Fundamental Duties
9 President of India
9.1 Election, Qualification, Impeachment
9.2 Powers of the President
9.3 Privileges and Immunities of the President
9.4 Position of the President in relation to Prime Minister
10 Vice‐President of India
10.1 Election, Qualification
10.2 Functions, Removal
11 Council of Ministers at the Union
11.1 Appointment of Ministers
11.2 Collective Responsibility to the House of the People
11.3 Individual Responsibility to the President
11.4 Special position of the Prime Minister
34
11.5 Duties of Prime Minister
12 The Attorney General of India
12.1 Appointment, Duties
13 The Governor
13.1 Appointment, Term of Office
13.2 Powers of the Governor
14 Council of Ministers at the State level
15 The Advocate General
15.1 Appointment, Qualification
15.2 Rights and Duties
SELECT BIBLIOGRAPHY:
1 T. K. Tope : Constitution of India
2 G. Austin, History Democratic Constitution: The Indian Experience (2000) Oxford.
3 D.D. Basu, Shorter Constitution of India (1996), Prentice Hall of India, Delhi.
4 Constituent Assembly Debates Vol. 1 to 12 (1989)
5 H.M. Seervai, Constitution of India Vol. 1‐3 (1992) Tripathi, Bombay.
6 M.P. Singh (ed) V.N. Shukla, Constitutional Law of India(2000) Oxford
7 G. Austin, Indian Constitution: Corner Stone of a Nation.(1972)
8 M. Galanter. Competing Equalities ‐ Law and the Backward Classes in India (1984) Oxford.
9 B. Sivaramayya, Inequalities and the Law (1984) Eastern, Lucknow.
10.S.C. Kashyap, Human Rights and Parliament (1978) Metropolitan, New Delhi.
PAPER – VI
FAMILY LAW PAPER ‐ I
OBJECTIVES OF THE COURSE:
The course structure is designed mainly with three objectives in view. One is to provide adequate
sociology perspectives so that the basic concepts relating to family are expounded in their social
setting. The next objective is to give an overview of some of the current problems arising out of the
foundational in‐equalities writ large in the various family concepts. The third objective is to view family
35
law not merely as a separate system of personal laws based upon religious but as the one cutting across
the religious lines and eventually enabling us to fulfill the constitutional directive of uniform civil code.
Such a restructuring would make the study of familial relations more meaningful.
SEMESTER ‐II & VI
1 Marriage and Kinship
1.1 Evolution of the institution of marriage and family.
1.2 Role of religious rituals and practices in moulding the rules regulating to martial
relations.
1.3 Types of family based upon
1.3.1 Lineage‐ patrilineal, matrilineal
1.3.2 Authority structure‐ patriarchal and matriarchal
1.3.3 Location‐ patrilocal and matrilocal.
1.3.4 Number of conjugal units ‐ nuclear, extended, joint and composite.
1.4 Emerging concepts: maitri sambandh and divided home.
2 Customary practices and State regulation
2.1 Polygamy
2.2 Concubinage
2.3. Child marriage
2.4 Sati
2.5 Dowry
3 Conversion and its effect on family
3.1 Marriage
3.2 Adoption
3.3 Guardianship
36
3.4 Succession
(In view of the conflict of inter‐personal laws, conversion is causing problems. How
conversion affects the family and whether it is compatible with the concept of secularism and to what
extent such problems would stand resolved with the enactment of a uniform civil code are some of the
basics that need to be examined)
4 Joint Family
4.1 Mitakshara joint family
4.2 Mitakshara coparcenary ‐ formation and incidents
4.3 Property under Mitakshara law ‐ separate property and coparcenary property
4.4 Dayabhaga coparacenary ‐ formation and incidents.
4.5 Property under Dayabhaga law.
4.6 Karta of the joint family ‐his position power, privileges and obligations
4.7 Alienation of property ‐ separate and coparcenary
4.8 Debts ‐ Doctrines of Pious obligations and antecedent debt.
4.9 Partition and re‐union.
4.10 Joint Hindu family as a social security institution and impact of Hindu Gains of
Learning Act and various tax laws on it
4.11 Matrilineal joint family.
5. Inheritance
5.1 Hindus
5.1.1 Historical perspective of traditional Hindu law as a back‐ground to the
study of Hindu Succession Act 1956.
5.1.2 Succession to property of a Hindu male dying intestate under the provisions
of Hindu succession Act 1956.
37
5.1.3 Devolution of interest in Mitakshara coparcenary with reference to the
provision of Hindu Succession Act, 1956.
5.1.4 Succession to property of Hindu female dying intestate under the
Hindu Succession Act, 1956.
5.1.5 Disqualification relating to succession
5.1.6 General rules of succession.
5.1.7 Marumakkattayam and Aliyasantana laws governing people living in
Travancore ‐ Cochin and the districts of Malabar and South Kanara.
5.2 Muslims
5.2.1 General rules of succession and exclusion from succession
5.2.2 Classification of heirs under Hanafi and Ithna Ashria Schools and their
shares and distribution of property.
5.3 Christians, Parsis and Jews
5.3.1 Heirs and their shares and distribution of property under the Indian
Succession Act of 1925.
6 Matrimonial Remedies
6.1 Non‐judicial resolution of marital conflicts
6.1.1 Customary dissolution of marriage ‐unilateral divorce, divorce by
Mutual Consent and other modes of dissolution
6.1.2 Divorce under Muslim personal law‐ talaq and talaq‐e‐tafweez.
6.2 Judicial resolution of marital conflicts: the family court.
6.3 Nullity of marriage
6.4 Option of puberty
6.5 Restitution of conjugal rights
38
6.6 Judicial separation
6.7 Desertion: a ground for matrimonial relief.
6.8 Cruelty: a ground for matrimonial relief
6.9 Adultery: a ground for matrimonial relief.
6.10 Other grounds for matrimonial relief
6.11 Divorce by Mutual Consent under: Special Marriage Act 1954; Hindu
Marriage Act 1955; Muslim law (Khula and Mubaraat).
6.12 Bar to matrimonial relief
6.12.1 Doctrine of Strict Proof
6.12.2 Taking advantage of one's own wrong or disability
6.12.3 Accessory
6.12.4 Connivance
6.12.5 Collusion
6.12.6 Condoning
6.12.7 Improper or unnecessary delay
6.12.8 Residuary clause ‐ no other legal ground exists for refusing the
matrimonial relief
SELECT BIBLIOGRAPHY:
1. Paras Diwan, Law of Intestate and Testamentary Succession (1998), Universal
2. Basu, N.D., Law of Succession(2000) Universal
3. Kusum, Marriage and Divorce Law Manual (2000),Universal
4. Machanda S.C. Law and Practice of Divorce in India(2000) Universal
5. P.V.Kane, History of Dharmasastras Vol.2 pt 1 at 624‐632 (1974)
6. A. Kuppuswami(ed.) Mayne's Hindu Law and Usage Chapter 4 (1986)
7. B. Sivaramayya, Inequalities and the Law.( 1985)
8. K.C. Daiya "Population Control through family planning in India" Indian Journal of Legal studies.
39
85 (1979)
9. J.D.M. Derrett, Hindu Law: Past and Present.
10. J.D.M. Derrett, Death of Marriage Law.
11. A.A.A. Fyzee, Outline of Mohammedan Law,(1986)
12. J.D.M. Derrett, A Critique of Modern Hindu Law,( 1970)
13. Paras Diwan, Hindu Law (1985)
14. S.T. Desai (ed.) Mulla's Principles of Hindu Law(1998)‐Butterworth’s‐India
15. Paras Diwan, Family Law: Law of Marriage and Divorce in India,(1984)
16. A.M. Bhattachargee, Muslim law and the Constitution (1994) Eastern Law House, Kolkatta.
17. A.M. Bhattachargee, Hindu Law and the Constitution (1994) Eastern Law House, Kolkatta.
18. Paras Diwan, Law of Adoption, Minority, Guardianship and Custody(2000)
Universal
PAPER ‐VII
ADMINISTRATIVE LAW
The modern state governs in the traditional sense, that is, it maintains law and order, adjudicates
upon disputes and regulates economic and social life of individuals and groups in the state; at the
same time it is also the provider of essential services. In the event of need occasioned by unforeseen
hazards of life in a complex society, it engages itself in giving relief and helps the citizenry towards self
reliance. The assumption of unprecedented responsibilities by the state has necessitated devolution
on authority of numerous state functionaries. The number of functionaries in carrying out these tasks
has ever been on the increase due to proliferation of human needs in an age of science and technology.
The aggregate of such functionaries is an essential component of modern administration.
A formidable body of law has come into existence for the purpose of exercising control over
administration. For long, administrative lawyers have primarily been concerned with such matters as
excess or abuse of power, maladministration and abuse of discretion. However, in recent years there has
been a shift in emphasis for finding what the administration may not do to what it must do. The Courts in
India, no doubt, strike down administrative acts which are ultra vires or in violation of procedural norms;
however, not much has so far been achieved in compelling the administration to perform statutory
duties, though a beginning has been made in respect of matters relating to fundamental human
liberties. Most of the statutory duties impose on administrative agencies or authorities remain
largely in the realm of discretion.
40
A course on administrative law must, therefore, lay emphasis on understanding the
structure and modus operandi of administration. It must take note of developmental perspectives
and attainment of social welfare objectives through bureaucratic process. It should go into
matters, which facilitate or hinder the attainment of these objectives.
Though in the matter of protection of rights of individuals against administration the role of
courts can not be minimized, it is no less important to know the advantages of informal methods of
settlement. Many new methods of grievance redressal have been devised which are not only
efficacious but also inexpensive and less time consuming.
Remedies available for administrative deviance need a critical study and evaluation in the
context of realities.
SEMESTER ‐ II & VI
1. Evolution, Nature and Scope of Administrative Law
1.1 From laissez faire to a social welfare state
1.1.1 State as regulator of private interest
1.1.2 State as provider of services
1.1.3 Other functions of modern state: relief, welfare
1.2 Evolution of administration as the fourth branch of government ‐ necessity
For delegation of powers on administration
1.3 Evolution of agencies and procedures for settlement of disputes between individual
and administration.
1.3.1 Regulatory agencies on the United States
1.3.2 Conseil d'Etate
1.3.3 Tribunalization in England and India
1.4 Definition and scope of administrative law
1.5 Relationship between constitutional law and administrative law
1.6 Separation of powers
1.7 Rule of Law
41
2. Civil Service in India
2.1 Nature and organization of civil service: from colonial relics to democratic aspiration.
2.2 Powers and functions
2.3 Accountability and responsiveness: problems and perspectives
2.4 Administrative deviance ‐ corruption, mal‐administration.
3. Legislative Powers of Administration
3.1 Necessity for delegation of legislative power
3.2 Constitutionality of delegated legislation ‐ powers of Exclusion and Inclusion
and power to modify statute
3.3 Requirements for the validity of delegated legislation
3.3.1 Consultation of affected interests and public participation in Rule
Making.
3.3.2 Publication of delegated legislation
3.4 Administrative directions, circulars and policy statements
3.5 Legislative control of delegated legislation
3.5.1 Laying procedures and their efficacy
3.5.2 Committees on delegated legislation ‐their constitution, function and
effectiveness.
3.5.3 Hearings before legislative committees
3.6 Judicial control of delegated legislation
3.7 Sub‐delegation of legislative powers
4. Judicial Powers of Administration
4.1 Need for devolution of adjudicatory authority on Administration
4.2 Administrative tribunals and other adjudicating authorities: their ad hoc character
4.3 Tribunals ‐ need, nature, constitution, jurisdiction and procedure
4.4 Jurisdiction of administrative tribunals and other authorities
4.5 Distinction between quasi‐judicial and administrative functions
4.6 The right to hearing ‐ essentials of hearing process
4.6.1 No man shall be judge in his own cause
42
4.6.2 No man shall be condemned unheard
4.7 Rules of evidence ‐ no evidence, some evidence and substantial evidence
rules
4.8 Reasoned decisions
4.9 The right to counsel
4.10 Institutional decisions
4.11 Administrative appeals
5. Judicial Control of Administrative Action
5.1 Exhaustion of administrative remedies
5.2 Standing: Standing for Public Interest Litigation (social action litigation)
collusion, bias
5.3 Laches
5.4 Res judicata
5.5 Grounds
5.5.1 Jurisdictional error/ultra vires
5.5.2. Abuse and non exercise of jurisdiction
5.5.3. Error apparent on the face of the record
5.5.4 Violation of principles of natural justice
5.5.5 Violation of Public Policy
5.5.6 Unreasonableness
5.5.7 Legitimate expectation
5.6 Remedies in judicial Review:
5.6.1 Statutory Appeals
5.6.2 Mandamus
43
5.6.3 Certiorari
5.6.4 Prohibition
5.6.5 Quo‐Warranto
5.6.6 Habeas Corpus
5.6.7 Declaratory judgments and injunctions
5.6.8 Specific performance and civil suits for compensation
6. Administrative Discretion
6.1 Need for administrative discretion
6.2 Administrative discretion and rule of law
6.3 Limitations on exercise of discretion
6.3.1 Mala fide exercise of discretion
6.3.2 Constitutional imperatives and use of discretionary authority
6.3.3 Irrelevant considerations
6.3.4 Non‐exercise of discretionary power.
7 Liability for wrongs ( Tortious and Contractual)
7.1 Tortious liability: sovereign and non‐sovereign functions.
7.2 Statutory immunity.
7.3 Act of state.
7.4 Contractual liability of government.
7.5 Government privilege in legal proceedings ‐ state secrets, Public interest
7.6 Transparency and right to information.
7.7 Estoppel and waiver
8 Corporations and Public Undertakings...
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8.1 State monopoly ‐ remedies against arbitrary action or for acting against public policy
8.2 Liability of public and private corporations ‐ departmental undertakings.
8.3 Legislative and governmental control.
8.4 Legal remedies.
8.5 Accountability ‐ Committee on Public Undertakings, Estimates Committee etc.
9 Informal Methods of Settlement of Disputes and Grievance Redressal Procedures
9.1 Conciliation and Mediation through social action groups.
9.2 Use of media, lobbying and public participation
9.3 Public inquires and commissions of inquiry.
9.4 Ombudsman: Lok pal, Lok Ayukta
9.5 Vigilance Commission
9.6 Congressional and parliamentary Committees
SELECT BIBLIOGRAPHY
1. C.K. Allen, Law & Orders (1985)
2. D.D. Basu, Comparative Administrative Law (1998)
3. M.A Fazal, Judicial control of Administrative Action in India, Pakistan and Bangladesh (2000),
Butterworth’s‐India
4. Franks, Report of the Committee on Administrative Tribunals, and inquiries, HMSO, 1959.
5. Peter Cane, an Introduction of administrative Law (1996) Oxford
6. Wade, Administrative Law (Seventh Edition, Indian Print 1997) Universal, Delhi
7. J.C. Garner, Administrative Law (1989), Butterworth’s (ed. B.L. Jones)
8. M.P. Jain, Cases and Materials on Indian Administrative Law Vol. ‐I and II (1996), Universal,
Delhi
9. Jain and Jain Principles of Administrative Law (1997), Universal, Delhi
45
10. S.P. Sathe, Administrative Law (1998), Butterworth’s‐India, Delhi
11. De Smith, Judicial Review of Administrative Action (1995), Sweet and Maxwell with
supplement
12. B. Schwartz, an Introduction to American Administrative Law
13. Indian Law Institute, Cases and Materials on Administrative Law in India Vol.1 (1996), Delhi
PAPER ‐VIII
LABOUR AND INDUSTRIAL LAW PAPER ‐ I
Objectives of the Course
2.1 Scope, Definitions, Standing Orders
2.2 Procedure for Certification of Standing Orders and operation thereof
2.3 Duration and Modification of Certified Standing Orders and Penalties
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2.3 Disciplinary Proceedings – Domestic Inquiry
2.4 Unfair Labour Practices, Safeguards, Code of Discipline etc.
3 Equal Remuneration Act, 1976
3.1 Definitions
3.2 Payment of Remuneration at equal rates to men and women workers
3.3 Duties of Employer under the Act
3.4 Prohibition of discrimination while recruiting men and women workers
3.5 Advisory Committee
3.6 Powers of appropriate Government under the Act
3.7 Inspectors
3.8 Penalties
4 Payment of Bonus Act, 1965
4.1 Definitions
4.2 Bonus – Kinds, Bonus Commission, Available Surplus, Prior Charges
4.3 Eligibility and Extent of Bonus, Disqualification, Minimum and Maximum Bonus
4.4 Machinery and Miscellaneous matters
5 Contract Labour (Regulation and Abolition), Act 1970
5.1 Object, Scope, Definitions
5.2 Registration of Establishments employing Contract Labour, Revocation of Registration,
Prohibition of Employment of Contract Labour
5.3 Licensing Contractor
5.4 Welfare and Health of Contract Labour, liability of employer
5.5 Penalties and Procedure
5.5.1 Offences by Companies, Limitation of Prosecution
5.6 Miscellaneous
6 Maternity Benefit Act, 1961
6.1 Object, Scope, Definitions
6.2 Maternity Benefit – Eligibility, Notice of Claim, Medical Bonus, Leave etc.
6.2.1 Prohibition against dismissal, discharge, wage deduction
6.3 Authorities under the Act – Inspectors, Powers and Functions of Inspectors
6.4 Forfeiture of Maternity Benefit
6.5 Power of Central Government to make Rules
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7. Child Labour (Prohibition and Regulation Act), 1986
8.10 Aims and Objectives of the Act
8.11 Definitions
8.12 Prohibition of Employment of Children in certain occupations
7.3.1 Power to amend the Schedule
7.3.2 Child Labour Technical Advisory Committee
7.4. Regulation of conditions of work of children
7.4.1 Hours and period of work, weekly holidays
7.4.2 Notice to Inspector, Disputes as to age
7.4.3 Health and Safety of Child Worker
7.4.4 Penalties, Procedure relating to offences – Inspectors
7.4.5 Powers to make Rules
8. Payment of Wages Act, 1936
8.1 Objectives, Scope and Definitions
8.2 Payment of Wages and Deductions from wages
8.2.1. Responsibility to pay wages, wage period, time of payment
8.3 Authorities under the Act
8.4 Penalty and Miscellaneous Provisions
8.5 Rule making power
9 The Employees’ Provident Fund and Miscellaneous Provisions Act, 1952
9.1 Objectives and Scope of the Act
9.2 Definitions
9.3 Employees’ Provident Fund Scheme and Authorities
9.4 Employees’ Pension Scheme
9.5 Employees’ Deposit‐linked Insurance Scheme
9.6 Authorities under the Act – Central Board, Tribunals, Inspectors
9.7 Recovery of Moneys due from employer, Power to exempt, Powers of
Government
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Select Bibliography
1. John Bowers and Simon Honeyball. Text book on Labour Law (1996), Blackstone,
London
2. Srivastava K.D., Commentaries on Payment of Wages Act 1936 (1998), Eastern,
Lucknow
3. Srivastava K.D. Disciplinary; Action against Industrial Employees and its Remedies (1990)
Eastern, Lucknow
4. R.C. Saxena. Labour Problems and Social Welfare Chapters 1, 5 and 6. (1974)
5. V. V. Giri Labour Problems in Indian Industry Chs. 1 and 15, (1972)
6. Indian Law Institute, Labour law and labour Relations (1987)
7. (1982) Cochin University Laws' Review ‐, Vol.6 pp. 153‐210
8. S.C. Srivastava. Social Security and Labour Laws Pts 5 and 6 (1985). Universal Delhi
9. S.N. Mishra., Labour and Industrial Laws, Central Law Agency, Allahabad
10. Madhavan Pillai, Labour and Industrial Laws, Central Law Agency, Allahabad
11. Goswami V.G., Labour and Industrial Laws, Central Law Agency, Allahabad
PAPER ‐ IX
Public International Law
Objectives of the Course
The twentieth Century has witnessed new dimensions in mutual intercourse among
nations in the Socio‐economic and Political fields. The intensity, frequency and complexity of
international intercourse have grown tremendously during this century, which have led to the
establishment of various international Organisations.
At present day man is not confined to a region or nation but he is a member of the world
community. International relations led the states to form International Organisations and the
states are required to follow the International Law. Thus comprehensive knowledge of
international laws is necessary.
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SEMESTER ‐ II & VI
1. International Law
1.1 Definition.
1.2 Evolution
2. Nature and Basis of International Law.
2.1. Whether International Law is a Law?
2.2. Is International Law a mere positive morality?
2.3. Whether International Law is the vanishing point of Jurisprudence?
2.4. Does International Law Comprise of the rules of International comity?
2.5. Public International Law and Private International Law.
2.6. Weaknesses of International Law and Suggestions for its improvement
2.7 Sanctions in International Law
2.8 Basis of International Law.
2.8.1 Theory of Consent, Auto‐Limitations, Pacta Sunt servanda,
Fundamental Rights, Influence of Natural Law.
3. Sources of International Law.
3.1 International Conventions
3.2 International Customs
3.3 General Principles of Law recognized by civilized States
3.4 Decisions of Judicial and Arbitration Tribunals.
3.5 Juristic works.
3.6 Subsidiary Sources.
4. Relationship between International Law and Municipal Law
4.1. Theories ‐ Monism, Dualism, Specific adoption theory, Transformation theory,
Delegation theory.
4.2. Question of Primacy‐ State practices.
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5. Nature of State and Different Kinds of States and non State entities.
5.1 Elements of a State, its functions
5.2 Sovereignty and Principles of Equality of States.
5.3 Different kinds of States & Non State entities.
5.3.1.Confederation, Federation, Condominium, Vassal State, Protectorate State,
Trust territories.
5.4 Neutral and Neutralized State.
6. Subjects of International Law
6.1 States, Individuals, International Organisations and non State entities.
6.2 Place of Individuals in International Law.
7. State Responsibility
7.1 Meaning‐ Original & Vicarious Responsibility.
7.2 State Responsibility for ‐ International Delinquency, Notion of imputability, Aliens,
individuals, mob violence, insurgents, governmental organs, Calvo‐Doctrine, contracts with
foreigners, breach of treaty obligation.
7.3 Defences to State Liability.
8. Recognition.
8.1 Meaning, Theories of recognition, modes of recognition.
8.2 Recognition of Insurgency and Belligerency.
8.3 Duty to recognize, Consequences of non‐recognition.
8.4 Withdrawal of recognition.
8.5 Retroactive effect of recognition
9. Intervention.
9.1 Meaning and Definition
9.2 Grounds of intervention.
10. State Territory
10.1 Maritime territory
10.2 International Rivers, Inter oceanic canals (Suez, Kiel, Panama)
10.3 Acquisition and loss of territory
10.3.1 Modes of acquiring territories
10.3.2 Modes of loss of territory.
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11. Nationality
11.1 Meaning, Definition, International Importance.
11.2 Nationality, Domicile and Citizenship
11.3 Modes of acquisition of Nationality and loss of Nationality
11.3.1 Double Nationality, Statelessness, Commonwealth citizenship.
12. Extradition
12.1 Basis, Meaning and Definition.
12.2 Conditions for extradition
13. Asylum
13.1 Meaning and Definition
13.2 Right to Asylum‐ types of Asylum
13.3 Asylum and Extradition are mutually exclusive.
14 Air Law
14.1 Air Space, Arial Navigation, Five freedoms of Air
14.2 Air‐craft Hijacking
14.2.1 Law relating to Hijacking
14.2.2 Proposal for establishment of an International Court,
14.3. Principal of Universal Jurisdiction in respect of the crime of Hijacking.
14.4. Piracy
15 Law of the Sea.
15.1 Maritime Belt, Territorial waters, Contiguous Zone, Straits Used for
International Navigation
15.2 Continental shelf, Exclusive Economic Zone
15.3 Freedom of High Seas, International Sea‐bed Area
15.4 Settlement of Disputes, International Tribunal for the Law of Sea,
Applicable Law
16 United Nations Organisation
16.1 Origin, Purposes and Principles of the U.N.
16.2 Membership, withdrawal of membership from U.N.
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16.3 Expulsion of members and Suspension of members
16.4 Principal Organs of U.N.
16.4.1 The General Assembly
16.4.2 The Security Council
16.4.3 The Economic and Social Council
16.4.4 The Trusteeship Council
16.4.5 The Secretariat
16.4.6 The International Court of Justice
17 The Specialized Agencies
17.1 ILO
17.2 WHO
17.3 UNESCO
17.4 IMF
17.5 WIPO
18 Diplomatic Agents.
18.1 Classification.
18.2 Immunities, Privileges of Diplomatic Agents.
18.3 Immunities of Servants of Diplomatic Agents.
18.4 Can a Diplomatic Agent waive or lose his immunity?
18.5 Termination of Diplomatic Mission.
18.6 Consuls.
19 Treaties.
19.1 Definition & Binding force of treaties
19.2 Pacta sunt Servanda.
19.3 Classification of Treaties.
19.4 Parties Competent to make a treaty.
19.5 Consent of the States.
19.6 Formation, Ratification and Termination of Treaties.
20 Settlement of International Disputes.
20.1 Pacific
20.2 Coercive
53
Select Bibliography
1) Dr.S.K. Kapoor, International Law, Central Law Agency
2) R.S. Chavan, An Approach to International Law, Sterling Publishers Private Ltd. New Delhi
3) J.G. Starke, An Introduction to International Law, Butterworths
4) V.D. Mahajan, Public International Law, Eastern Book Company
5) Dr. Sharma B.M., International Law, Eastern Book Company, Lucknow
6) M.P. Tandon and Rajesh Tandon, Public International Law, Allahabad Law Agency, Allahabad
7) D.P. O’Connell, International Law for Students, Stevens & Sons 1971
8) N. March Hunnings, International Law, Sweet and Maxwell Ltd., London
9) S.K.Varma, Public International Law (1998) Prentice‐Hall, New Delhi
PAPER – X
ENVIRONMENTAL LAW
54
SEMESTER ‐II & VI
1.2 Pollution
1.2.1 Meaning
1.2.2 Kinds of Pollution
1.2.3 Effects of pollution.
2. Legal Control: Historical Perspectives
2.1 Indian tradition: Dharma of Environment.
2.2 British Raj ‐ Industrial development and exploitation of nature.
2.2.1 Nuisance: Penal Code and procedural codes.
2.3 Free India ‐ Continuance of British influence.
2.3.1 Old Laws and new interpretations.
3. Constitutional Perspectives
3.1. Constitution Making – development and property oriented approach.
3.2. Directive Principles
3.2.1 Status, role and interrelationship with fundamental rights and
fundamental duties.
3.3 Fundamental Duty.
3.3.1 Contents.
3.3.2 Judicial Approach.
3.4 Fundamental Rights.
3.4.1 Rights to clean and healthy environment.
3.4.2 Right to Education.
3.4.3 Right to Information.
3.4.4 Environment v. Development.
3.5 Enforcing agencies and remedies.
3.5.1 Courts.
3.5.2 Tribunal
3.5.3 Constitutional, statutory and judicial remedies.
55
3.6 Emerging Principles
3.6.1 Polluter Pays: Public liability insurance.
3.6.2 Precautionary principle
3.6.3 Public trust doctrine
3.6.4 Sustainable development.
4. Water and Air Pollution.
4.1 Meaning and Standards.
4.2 Culprits and victims
4.3 Offences and penalties.
4.4 Judicial approach.
5. Noise Pollution.
5.1 Legal Control
5.2 Courts of balancing: permissible and impermissible noise.
6. Environment Protection
6.1 Protection agencies: Power and functions.
6.2 Protection: means and sanctions
6.3 Emerging protection through delegated legislation
6.3.1 Hazardous waste.
6.3.2 Bio‐medical waste.
6.3.3 Genetic engineering.
6.3.4 Disaster emergency preparedness
6.3.5 Environment impact assessment.
6.3.6 Coastal zone management
6.3.7 Environment audit and eco mark
6.4 Judiciary: complex problems in administration of environmental Justice.
7. Forest and Greenery
7.1 Greenery Conservation laws.
7.1.1 Forest Conservation
7.1.2 Conservation agencies.
7.1.3 Prior approval and non‐forest purpose
7.1.4 Symbiotic relationship and tribal people.
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7.1.5 Denudation of forest : Judicial approach.
7.2. Wild Life Protection
7.2.1 Sanctuaries and National parks.
7.2.2 Licensing of zoos and National parks.
7.2.3 State monopoly in the sale of wild life and wild life articles.
7.2.3 Offences against wild life.
8. International regime
8.1 Stockholm Conference
8.2 Green house effect and ozone depletion
8.3 Rio Conference
8.4 Bio‐ diversity
8.6 U.N. declaration on right to development
8.7 Wetlands.
9. Prevention of Cruelty to animals.
9.1 Animal Welfare Board
9.2 Cruelty to Animals generally
9.3 Experimentation on Animals
9.4 Performing animals.
Select Bibliography:
1 Armin Rosencranz, et.al.[eds.] Environmental Law and Policy in India, [2000], Oxford
2 R.B. Singh & Suresh Mishra, Environmental Law in India [1996], Concept Publishing
Company, New Delhi.
3 Kailash Thakur, Environment Protection Law and policy in India [1997], Deep & Deep
Publications, New Delhi.
4 Richard L. Riversz, et.al. [eds] Environmental Law, the economy and other sustainable
Development [2000], Cambridge.
5 Christopher D. Stone, Should Trees Have Standing and other Essays on Law, Morals and the
Environment [1996], Oceana.
57
6 Leelakrishnan, P. et.al.[eds] Law and Environment [1990], Eastern Lucknow
7 Leelakrishnan P. The Environmental Law in India [1999], Butterworth’s, India.
8 Department of Science and Technology, Government of India Report of the Committee for
Recommending Legislative Measures and Administrative Machinery for Ensuring
Environmental Protection [1980] [Tiwari Committee Report]
9 Indian Journal of Public Administration, Special Number on Environment and Administration,
July‐September 1988, Vol. XXXV
No.3, pp, 353‐801
10 Centre for Science and Environment, The State of India’s Environment 1982, The State of
India’s Environment 1984‐1985and The State of Indian Environment 1999‐2000
11 World Commission on Environment and Development, our Common Future [1987], Oxford.
12 Maneka Gandhi, et.al Animal Laws of India [2001], Universal Law Publishing Company
Private Ltd. , New Delhi
58