Ext - Syllabus - 5th Sem

Download as pdf or txt
Download as pdf or txt
You are on page 1of 10

3.

Identify the procedure of execution of decrees, attachment and sale of property in


execution and the importance of limitation of time in filing of suit, debt recovery,
filing of appeals, review, revision and impact of delay on suit or appeal.
4. Apply the rules relating to the procedure of issuance of summons, substituted service
of summons, admission and impounding of documents and conducting civil trial in
courts.
5. Understand the procedure of examination of witnesses and different categories of
witnesses involved in a suit or proceeding.
6. Identify a lawyer‘s professional obligations at each stage in the life cycle of a lawsuit.

MODULE 1: Introduction (Section 2-Section 25)


1. Definitions
2. Concepts: Res-sub judice, Res judicata, set off, counterclaim
3. Essentials of a suit
4. Cause of action and jurisdiction and its kind
5. Place of suing
MODULE 2: Of suits (Section 26-Section35, Order I-Order XX)
2.1 Parties to a suit (Order I –Order III)
Death, marriage and insolvency of parties (Order XXII)
2.2 Institution of a suit (Order IV and V)
2.3 Pleadings, plaint and written statement
(Order VI- Order VIII)
2.4 Appearance of parties and consequence of non-appearance (Order IX)
2.5 Examination of Parties, Interrogatories, Discovery and inspection, Admissions, documents
(Orders X, XI, XII and XIII)
2.5 Framing of issues, Disposal (Order XIV, XV)
2.6 Trial, Summons, Hearing of suit, evidence, judgment and decree and costs (Order V, Order
XVI-Order XXA)
2.7 Withdrawal and adjustment of suits (Order XXIII)
2.8 Special suits – Orders XXVII to XXXIV

MODULE 3: Execution and other procedures (Orders XXI)


3.1 Meaning of execution
3.2 Mode of execution and stay of execution (Order XXI)
3.3 Arrest, detention and attachment (Order XXI and XXXVIII)
3.4 Incidental proceeding, Payment into court, security costs and commissions (Orders XXIV.
XXV and XXVI)
3.5 Interim orders, Temporary injunction (Order. XXXIX)

108
3.6 Interpleader, Special case and Summary procedure (Order XXXV, XXXVI and XXXVII)

MODULE 4: Receivers, Appeals and other procedures and Law of Limitation

4.1 Appointment of Receivers (Order XV)


4.2 Appeals, reference, review, revision (Order XLI –XLVII)
4.3 Miscellaneous, Chartered HCs, Provincial and Presidency Small Causes Courts (Orders
XLVIII-LI)
4.4 Object and features of Limitation Act, 1963
4.5 Bar of limitation (S.3-5)
4.6 Legal disability (S.6-10)
4.7 Computation of period of limitation (S.12-24)
4.8 Effect of acknowledgment in writing and part-payment (S. 18-20)
4.9 Acquisition of ownership by possession (S. 25-27)

SUGGESTED READINGS:
1. C.K. Takwani: Code of Civil Procedure
2. Mulla: Code of Civil Procedure, Universal Law Publishing Delhi
3. M.P. Tandon: Code of Civil Procedure
4. Avtar Singh: Code of Civil Procedure, Central Law Publications
5. J.D. Jain: Limitation Act
6. S. R. Myneni, Law of Limitation, Asia Law house
7. Civil Procedure Code, 1908
8. Limitation Act, 1963
9. Code of Civil Procedure by Sarkar
10. Law of Limitation by Mulla

PROGRAM: 3 Yr /5 Yr Professional Law

Third Year LLB/ Fifth Year B.L.S LL B

109
Semester: V/IX

Course Title-: CRIMINAL PROCEDURE CODE 1973, THE JUVENILE JUSTICE


(CARE AND PROTECTION OF CHILDREN) ACT, 2015 AND THE PROTECTION
OF CHIDLREN FROM SEXUAL OFFENCES (POCSO) ACT, 2012.

Course Code: Credits: 4

Teaching Scheme:

COURSE OUTLINE
COURSE OBJECTIVES:
This course is specifically designed to assist students in understanding the importance of the
Code of Criminal Procedure which is one of the essential acts in India as well as the primary
legislation on the procedure for administering criminal justice. The course is aimed at driving
home the students how the pretrial, trial and the subsequent process are geared up to make the
administration of criminal justice effective. The course will acquaint the student with
organization of the functionaries under the Code, their power and functions at various stages
and the procedure according to which these powers and functions are to be exercised The
substantive law has to be applied through the uniform procedure as laid down which will be
undertaken on completion of the course. The students will also understand the reason and
manner of administering the punishments for any given offence under the substantive Penal
Laws. The course will help in understanding the machinery for the investigation of crime,
apprehension of suspected criminals, collection of evidence, determination of guilt or
innocence of the accused person, and the determination of punishment of the guilty. The
objective is also to sensitize the students about critical issues in administration of criminal
justice like protection of human rights of victims and the principles of fair trial. The students
will also undertake the study of two cognate Acts as a part of this course viz; Juvenile Justice
Act (care and Protection of Children) 2015 and Protection of Children from Sexual Offences
(POCSO) Act.

COURSE OUTCOMES:
After completing this course, the students will be able to:
1. Identify the stages in investigation and procedure of trial in criminal cases.
2. Explain the powers, functions, and duties of police and criminal courts.
3. Critically analyze the recent amendments in the Criminal Procedure Code.
4. Employ and promote adoption of humane and just practices in administration of justice.
5. Analyse the time period between when a crime has been committed until the time the
sentence against the crime is passed and the case is closed.
6. Understand the machinery to be adopted by the State when a violation of the penal law,
i.e., offence under the Indian Penal Code, has been detected or reported.
7. Analyse the principles and procedure that must be followed while prosecuting and
adjudicating other claims.
8. Thoroughly understand the investigation, inquiry and trial of the offences governed by
the provisions and subject to any other law that may be in force which regulates the
manner of investigation, inquiry or trial of the matter.

110
9. Understand and apply he Juvenile Justice (Care and Protection of Children) Act, 2015
and The Protection of Children from Sexual Offences (POCSO) Act, 2012

MODULE 1:
1.1 Object Purpose and History of the Criminal Procedure Code.
1.2 Definitions – Section 2
1.3 Constitution and Powers of Criminal and Executive Courts –
Section 6 to 35
1.4 Powers of Superior Officers of Police – Section 36
Aid to the Magistrates and the Police – Section 37 to 40
1.5 Arrest of Persons- Section 41 to 60
1.6 Process to Compel Appearance and Production of Things and
Reciprocal Arrangements Sections 61 to 105L
1.7 Preventive and Precautionary Measures of Security
Proceedings Section 106 to 124, Section 129 to 153.
1.8 Maintenance of Wives, Children and Parents – Section 125 to
128
1.9 Information to the Police and their Powers to Investigate –
Section 154 to 176
1.10 Jurisdiction of the Criminal Courts in Inquiries and Trials-
Section 177 to189.

1.11 Cognizance of Offences and Commencement of Judicial


Proceedings – Sections 190 to 210

MODULE 2:

2.1 Charge – Section 211 to 224


2.2 Trial before various Courts
a. Court of Sessions-Section 225 to237
b. Warrant Cases by Magistrates-Sections 238 to 250
c. Summons cases by Magistrates- Section 251 to259
d. Summary Trial-Section 260 to265

MODULE 3:

3.1 Mode of Taking Evidence and General Provisions as to


Inquiries and Trials - Section 266 to 352
3.2 Judgement – Sections 353 to 365

111
3.3 Appeals-Sections 372 to 394
3.4 Reference and Revision-Section 395 to 405
3.5 Provisions as to Bails and Bonds – Section 436 to 450
3.6 Irregular Proceedings-Section 460 to 466
3.7 Limitation for taking cognizance –Sections 467 to 473

MODULE 4:

1. The Juvenile Justice (Care and Protection of Children) Act, 2015

Chapter I & II – Preliminary and General Principles of General


Care and Protection of Children.

Chapter III – Juvenile Justice Board.


Chapter IV – Procedure in relation of children in conflict with
Law.
Chapter V – Children Welfare Committee.
Chapter VI – Procedure in relation to children in need of care
And protection.
Chapter VII – Rehabilitation and social re-integration.
Chapter VIII – Adoption
Chapter IX – Other offences against Children.
Chapter X – Miscellaneous.

1. The Protection of Children from Sexual Offences (POCSO)


Act, 2012 (POCSO Act)

Chapter I – Preliminary and General Principles of General


Care and Protection of Children.

Chapter II – Sexual Offences against Children.


Chapter III – Using Child for Pornographic Purposes and
Punishment Therefor.
Chapter IV – Abetment of and Attempt to Commit an Offence.
Chapter V – Procedure for reporting of cases.
Chapter VI – Procedures for recording statement of the child.
Chapter VII – Special Courts.

Chapter VIII – Procedure and Powers of Special Courts and

112
Recording of Evidence.
Chapter 1X – Miscellaneous.

RECOMMENDED READINGS:
1. Sarkar‘s Code of Criminal Procedure.
2. Ratanlal and Dhirajlal – Criminal Procedure.
3. B. B. Mitra - Code of Criminal Procedure.
4. R.V.Kelkar‘s Criminal Procedure.
5. Mishra-Code of Criminal Procedure.
6. Criminal Manual – Gupte & Dighe
7. The Bombay Police Act - Puranik
8. Juvenile Justice (Care & Protection of Children) Act, 2000 -Bare Act
9. The Protection of Children from Sexual Offences (POCSO)
Act, 2012 (POCSO Act) Bare Act
1. Commentary on Protection Of Children From Sexual Offences Act 2012 by Nayan Joshi,
Kamal Publishers

PROGRAM: 3 Yr/5 Yr Professional Law

Third Year LLB/ Fifth Year B.L.S LL B

Semester: V/IX

PROGRAMME: 3 Yr/5 Yr Professional Law


Third Year LLB/ Fifth Year B.L.S
LL B Semester: V/IX
Course Title-: LABOUR LAW AND INDUSTRIAL RELATIONS-II
Course Code: Credits: 4

COURSE OUTLINE COURSE OBJECTIVES: This is a second course on Labour Law as


required by the Bar Council of India. This course includes the study of Social Security and
Occupational, safety and health of workmen. It aims at providing an elementary understanding
of the concepts and penalties and offences prescribed for the violation of norms as mentioned
under the Codes. The Course also aims to provide extensive knowledge regarding powers and
duties of Authorities under the Codes. The course is designed to provide knowledge of the
social security organizations, Employees Provident Fund, Employees State Insurance
Corporations, Maternity benefit and Employee Compensation and the Unorganized Workers
Social Security and Occupational Health and Safety. .
Outcome: After completion of the course the students will be able to
1. Understand the technicalities of Social Security for employees and apply the relevant
provisions of law.
2. Understand and apply Employees Provident Fund and Employees State Insurance
113
Corporation
3. Understand the provisions of Maternity Benefit under the Code
4. Understand the concepts and principles of Employee Compensation
5. Understand the principles of social security for unorganized workers
1. Understand the offences and penalties under the Code
Module I. SOCIAL SECURITY – Code on Social Security, 2020
1. Object and Salient features with various Definitions under the Act
2. Social Security Organizations
3. Employees Provident Fund
4. Employees State Insurance Corporation
5. Gratuity
6. Maternity Benefit

Module II: - EMPLOYEE’S COMPENSATION – Code on Social Security, 2020


1. Concept – Employee, Employer, Dependent, Disablement and its kinds.
2. Employer‘s Liability for Compensation – Conditions & Exceptions.
3. Social Security and Cess in Respect of Building and Other Construction Workers.
4. Social Security for unorganized workers, Gig Workers and Platform Workers.
5. Authorities, Assessment, Compliance and Recovery.
6. Offences and Penalties
7. Employment Information and Monitoring

Module III THE OCCUPATIONAL SAFETY, HEALTH AND WORKING


CONDITIONS CODE, 2020
1. Concept – definitions, registrations and Duties of Employer and Employee
2. Occupational Safety, Health and working conditions
3. Maintenance of Registers, Records and Returns.
4. Special Provision Relating to Employment of Women

Module IV SPECIAL PROVISION FOR CONTRACT LABOUR AND INTER – STATE


MIGRANT WORKER, ETC ( OSH Code)
1. Contract Labour
2. Inter- State Migrant Worker sand types of workers (Audio visual, Mines, Beedi and Cigar,
Construction, etc)
3. Factories and Plantation
5. Offences and Penalties

114
6. Social Security Fund

Suggested Readings
 S.C. Srivastava – Industrial Relations and Labour Laws.
 Dr. V.G. Goswami – Labour Industrial Laws.
 S.N. Mishra – Labour and Industrial Laws.
 O.P. Malhotra – Law of Industrial Disputes.
 Dr. Avatar Singh – Introduction to Labour and Industrial Laws
Bare Acts: Code on Social Security, 2020
The Occupational Safety, Health And Working Conditions Code, 2020

PROGRAM: 3 Yr/5 Yr Professional Law


Third Year LLB/ Fifth Year B.L.S LL B

Semester: V/IX

Course Title-: PUBLIC INTERNATIONAL LAW


Course Code: Credits: 4

COURSE OBJECTIVES:

In a world where nations have come too close due to developments of technology, international
law shapes national law; further there is more need to have sound knowledge of international
legal principles. The aim of the course is to acquaint the students with the fundamental concepts
and broad view of Public International Law and its complex nature. It also aims to familiarize
the students with the origin and nature of Public International Law. It explores concepts like
State, Recognition and Jurisdiction of States in International Law. Special attention is paid to
the belief and notion of State Responsibility and topical issues in International Law. For
example, the international framework with respect to extradition, asylum and the Law of the
Sea. The course is planned in a meticulous manner to assist the students to focus on the
―International Legal Framework‖ in case of disputes between the parties. The course includes
the study of general principles of international law including law of peace. Third world
concerns in respect of security and development and the role of U.N. and International

115
Agencies in structuring solutions in the context of changing balance of power are also to be
appreciated. The course will also delve into India‘s position with respect to International Law.

COURSE OUTCOMES:
After completing this course, the students will be able to:
1. Understand the basic concepts of International Law and its complex nature.
2. Critically analyse the notions, related to recognition and jurisdiction of State in
International Law.
3. Examine the international framework with respect to certain current issues in
international law like extradition and asylum.
4. Evaluate and suggest measures in cases of international conflict
5. Critically examine the operation and application of International Law in practical
contexts.

MODULE1:
1.1. Nature, Origin and Historical Development of International Law
1.2 Definitions of International Law
1.3 Fundamentals of International Law – Theories and Doctrines in International
Laws
1.4 Definition of Nationality, Concept of Double Nationality, Distinction between
Nationality and citizenship
1.5 Sources of International Law:
Custom
Treaties
General principles of Law, Recognized by Civilized Nations
Judicial Decisions
Writings of Jurists
Equity
Resolutions of the General Assembly
1.6 Relationship between International Law and Municipal Law, Monistic Theory,
Dualistic Theory)
1.7 Recognition of States and Government

MODULE 2:
2.1 State Territory
Constitution, acquisition, loss

2.2 State Jurisdiction


2.3 State Responsibility
2.2

116
2.4 The Law of the Sea: (Law of Sea Convention, 1982)
2.4.1 Maritime Zones:
A. Territorial Sea:
i.Anglo-Norwegian Fisheries Case (United Kingdom v. Norway), ICJ Rep. 1951, p.116
ii.Corfu Channel Case, ICJ Rep. 1949
B. Contiguous Zone
A. Continental Shelf
A. Exclusive Economic Zone
A. High Seas
2.4.2 Delimitation of Adjacent and Opposite Maritime Boundaries:
A. North Sea Continental Shelf Cases, ICJ Rep. 1969
B. Libya v. Tunisia Continental Shelf Case, ICJ Rep. 1982
C. Republic of Italy v. Union of India (2013) 4 SCC 721
D. In the Matter of the Bay of Bengal Maritime Boundary Arbitration (between the
People‘s Republic of Bangladesh and the Republic of India),2014
2.5 Concept of ―Common Heritage of Mankind‖ Relating to the Resources of
International Sea-bed Area
2.6 International Seabed Mining:-Parallel System of Mining

MODULE 3:
3.1 Law of Treaties
Definition, kinds and essentials
Inception, interpretation of treaties
Rights and duties of parties
Validity and enforcement
3.2 The United Nations Organisation:
A. The United Nations Organisation
B. The General Assembly
C. Security Council
D. United Nations Economic and Social Council
E. The International Court of Justice (ICJ)
F. The Secretariat
G. The International Trusteeship System and Trusteeship Council
3.3 International Specialised agencies Protection Agencies and NGOs
1. ILO
2. WTO
3. Amnesty international
4. UNESCO.
5. UNICEF
6. UNDP and UNEP
MODULE 4: Contemporary and Allied Laws under International Laws:
4.1 WHO, Global Health law Consortium Communicable Diseases, and the
International Health Regulations
4.2 International Health Regulations (IHR)

117

You might also like