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Sem-4 Syllabus

The document outlines the syllabus for a course on jurisprudence/legal theory. It provides objectives and outcomes of the course which aim to educate students on various legal concepts and theories of law. The syllabus is divided into 4 modules covering introduction to law, sources of law, schools of jurisprudence, and concepts of rights, persons, property, obligations etc.

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0% found this document useful (0 votes)
59 views

Sem-4 Syllabus

The document outlines the syllabus for a course on jurisprudence/legal theory. It provides objectives and outcomes of the course which aim to educate students on various legal concepts and theories of law. The syllabus is divided into 4 modules covering introduction to law, sources of law, schools of jurisprudence, and concepts of rights, persons, property, obligations etc.

Uploaded by

Hitesh Hd
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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LLB Semester-IV Syllabus

PROGRAM: 3 Yr/5 yr Professional Law

Second year LLB / Fourth Year B.L.S.LL B


Semester: IV/VIII

Course Title-: JURISPRUDENCE/LEGAL THEORY


Course Code: Credits: 4

COURSE OBJECTIVES:
This course in Jurisprudence is designed primarily, to induct students into a realm of questions
concerning nature of law. Accordingly, the first part of the course sheds vivid light on various
schools of law explaining, what is law, what are the purposes of law? What is the relationship
between law and justice? This course aims to educate students on various legal concepts, such
as, Rights, Persons, Property, Possession, Ownership, Title and Obligationand attempts to
shape up a general and more comprehensive picture of each concept as a whole. This course is
proposed predominantly on English model but native Indian orientation is given wherever
possible with help of case laws. The course aims at developing an analytical approach to
understand the nature of law and development of legal system. The concerns of jurisprudence
are an inescapable feature of the law and legal system. Overall, the course aims to identify and
elucidate several major principles of legal theory.

COURSE OUTCOMES:
After completing this course, the student will be able to:
1. Know various theories of Law with their merits, demerits and their application in legal
system.
1. Identify and acquaint themselves with the various formal and material sources of law
1. Understand the function and purpose of law.
1. Understand thoroughly the concept of right, its elements, its kinds including rights in the
wider sense i.e., the Hofliedian analysis on rights
1. Know the concepts of Custody, Possession, Ownership, Title and the distinction
between and among them
1. Grasp and understand the different Legal Concepts: Legal Personality, Property,
Obligations.

1. Fathom the jurisprudential aspect of legal concepts, legal statutes, legal interpretations,

Module 1:
1. Introduction, Meaning, nature, scope and importance of jurisprudence.
2. Law
Nature and definition of law

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Functions and purpose of law
Classification of law
1. State
Introduction, Meaning and Nature of State
Elements of State- Population, Territory, Government and Sovereignty
Theories regarding the origin of State- The Divine Theory, Social Contract Theory,
Patriarchal Theory, Matriarchal Theory.

Module 2:
2.1Sources of law
Formal and material sources of law
Custom
Meaning and Nature of Custom as a source of law
Kinds of Customs

Trade Usage/ Convention


Essential conditions of validity of Custom

1. Precedent-
Meaning and nature of Precedent as a source of law
Doctrine of Stare Decisis, Doctrine of Prospective Overruling and Declaratory theory
of Precedents
Ratio-Decidendi and Obiter Dicta
Circumstances which destroy the binding force of precedent
Merits and Demerits of Precedent

1. Legislation-
Meaning, Nature and Scope of Legislation as a source of law
Kinds of Legislation
Merits and Demerits of Legislation as a source of law
Codification of Law
Statutory Interpretation
2.4 Convention as a source of law.

Module 3:
Schools of Jurisprudence

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3.1Natural Law School
Basic Tenets of Natural Law

History of Natural Law School- The Greek period, The Roman period, Christian period,
Medieval period and Modern period.

1. Legal positivism
Bentham’s Utilitarian theory,

Austin’s Imperative/ Analytical theory,


Prof. HLA Hart’s Concept of Law,
Hans Kelson’s Pure Theory of Law.
1. Law and Morality, Ancient Indian concept of Dharma
3.4 Historical school of law-
Savigny’s view, Puchta’s view, Main’s view
Basic Tenets of Historical School

1. Sociological school of law-


Roscoe Pound’s Social Engineering Theory
Basic Tenets of Sociological School

1. Realist school of law-


American Realist School
The Scandinavian Realist School
Basic Tenets of Realist School

1. Feminist legal theory

MODULE 4:
4.1 Rights and Duties
Meaning of Rights
Characteristics of legal Rights
Rights and Duties correlations
Rights in wider sense (Hofeldian table)

Classification of Rights

4.2 Persons
Nature of Personality

86
Legal Status of Animal, Minor, Person of unsound mind, Drunk, Unborn and Dead
person

Corporate Personality- Characteristic and Theories of Corporate


Personalities.

4.3 Property
Philosophical Theories of Property
Kinds of Property
Modes of Acquisitions of Property

4.4 Possession
Concept of Possession
Possession in fact and possession in law
Corporeal and Incorporeal Possession
Modes of Acquisition
Why Possession is protected

Possessory Remedies

4.5 Ownership
Definition
Characteristics of Ownership
Possession and Ownership
Austin’s conception of Ownership

Different kinds of Ownership

4.6 The law of Obligations


The Conception of Obligation
Imperfect and Perfect Obligations
Simple and Solidary Obligations
Sources of Obligations.

Recommended Resources: -
1. Bodenheimer Jurisprudence- “The Philosophy and Method of Law” (1996), Universal
Publication, Delhi.
2. W. Friedmann, “Legal Theory” (1999) Universal Publication, Delhi.
3. Roscoe Pond, “Introduction to the Philosophy of Law (1998-Re-print)

87
4. Fizerald (ed.) Salmond on Jurisprudence (1999) Tripathi, Bombay.
5. V.D. Mahajan, “Jurisprudence and Legal Theory” 1996 Re-print, Eastern Book,
Lucknow
6. H.L.A Hart, “The Concept of Law”, Oxford University Press, ELBS, 1970
7. Dr. M. P. Tandon, “Jurisprudence –Legal Theory”, 19 Edition- (2016), Allahabad Law
th

Agency, Faridabad, Haryana.


8. Dr. Nomita Agarwal, “Jurisprudence”, 2019, Central Law Agency, Faridabad.
9. Rohinton Mehta, “50 Lectures on Jurisprudence”, Edi. 2000, Network Publications,
Mumbai
10. Dr. B.N. Mani Tripathi, “Jurisprudence (Legal Theory), 2012 (Reprint- 16-17)
Allahabad Law Agency, (Faridabad)
11. Dr. S.R. Myneni- “Jurisprudence”, 2004 (Reprint-2010) Asia Law House, Hyderabad.
12. Dr. Avtar Singh & Dr. Harpeet Kaur, “Introduction to Jurisprudence” 2009, Lexis
Nexis (Nagpur).
13. Jurisprudence and Legal Theory by G W Paton
14. Jurisprudence Indian Legal Theory Prof. S.N. Dhyani, Central Law Agency

PROGRAM: 3 Yr/5 yr Professional Law

Second year LLB / Fourth Year B.L.S. LL B


Semester: IV/VIII

Course Title-: CONTRACT II


Course Code: Credits: 4

COURSE OBJCETIVES:
This course is principally designed to equip a law student with the knowledge of special
contracts apart from equipping himself/herself with general principles of contract.The
objective of this course is to enable students to understand the functioning of commercial
transactions and to identify the forms of business organization and structuring and the
requirement and legal framework of special contracts, sale of goods and partnership laws. The
intention of this course is to facilitate understanding of the various legal provisions and case
studies related to special contracts, sale of goods and partnership laws.

COURSE OUTCOMES:
After completing this course, the students will be able to:
1. Understand the importance and the difference between various forms of business
organizations and structuring, from a legal as well as commercial perspective.
2. Appreciate the formation, liabilities and legal remedies in case of the partnership
form of organizational structure.
3. Understand and apply the Limited Liability Partnership Act, 2008
4. Apply the provisions of sale of goods in practical commercial transactions.
5. Analyse the various special contracts under the Indian Contract Act viz Indemnity,
Guarantee, bailment and pledge, their significance and applicability

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1. Understand the rights and obligations of various stake holders in the special contracts,
partnership contracts and sale of goods
Module 1:
1.1 Indian Partnership Act, 1932:

Forms of business organization


Factors taken into consideration for choice of organization
Definition of Partnership & Essentials
Kinds of Partnership
Partnership Property
Rights and Duties of a Partner
Implied Authority of a Partner
Minor Admitted to the benefits of Partnership
Incoming and Outgoing Partner
Registration of Partnership Firm
Dissolution of Partnership
Public Notice in case of Partnership

Module2:
2.1 Limited Liability Partnership Act, 2008:
Nature of Limited Liability Partnership [Sections 2 – 10]
Incorporation of Limited Liability Partnership [Sections 11 – 21]
Partners and their Relations [Sections 22 – 25]
Extent and Limitation of Liability of Limited Liability Partnership and Partners
[Sections 26 – 31]
Contributions [Sections 32 – 33]
Assignment and Transfer of Partnership Rights [Section 42]
Conversion into a Limited Liability Partnership [Sections 55 – 58]
Winding up and Dissolution [Sections 63 – 65]
Difference between Limited Liability Partnership incorporated under Limited Liability
Partnership Act, 2008 and a Partnership Firm incorporated under the Indian Partnership
Act, 1932 and a Company incorporated under Companies Act, 2013

Module 3:
3.1 Sale of Goods Act, 1930:
Significance of transfer of property
Concept of buyer and seller
Difference between sale and hire purchase
Difference between sale and Agreement to Sell
Condition and Warranty
Delivery of goods and its rules
Rules relating to passing of the property
Unpaid Seller – Rights and Remedies
Auction Sale

Module 4:

89
4.1 Special Contracts under Indian Contract Act, 1872:
Indemnity [Sections 123 – 125]
Guarantee [Sections 126 – 147]
Bailment [Sections 148 – 181]
Agency [Sections 182 – 238]

Reference Books:
1. Pollock and Mulla’s The Indian Contract Act,1872, by R. Yashod Vardhan, Chitra
Narayan, Pollock, Lexis Nexis (2019)
2. Indian Contract Act and Tenders, by Sanjiva Row, Delhi Law House (2018)
3. Law of Contract, by M. J. Aslam, Thomson Reuters (2017)
4. Mulla’s Indian Contract Act, by Anirudh Wadhwa, Lexis Nexis (2015)
5. Pollock & Mulla’s Sale of Goods Act by Akshay Sapre, Lexis Nexis (2021)
6. Benjamin’s Sale of Goods by Michael G Bridge, Sweet and Maxwell (2019)
7. Mulla’s Sale of Goods Act and Indian Partnership, by K. Kannan, Lexis Nexis (2019)
8. Pollock & Mulla’s Indian Partnership Act by Devashish Bharuka, Lexis Nexis (2020)
9. The Law of Partnership along with The Limited Liability Partnership Act, 2008, by P.
S. Narayanan & Anita Gogia, Gogia Law Agency (2021)
10. Limited Liability Partnerships, Law and Practice, by Hitender Mehta, Commercial Law
Publishers (India) Pvt. Ltd. (2020)
11. Law Relating to Limited Liability Partnership, by D. S. R. Krishnamurti, Taxmann
Publications Pvt. Ltd. (2009)

Recommended Resources:
1. Law of Contract II, with Indian Partnership Act and Sale of Goods Act, by R. K. Bangia,
Allahabad Law Agency (January 2019)
2. Law of Contract and Specific Relief Act, by Avtar Singh, Eastern Book Company
(2019)
3. Law of Contract, by Rajni Malhotra Dhingra, Taxmann (February 2021)
4. Law of Contract I and II, with Specific Relief Act, Sale of Goods Act, Partnership Act
and Negotiable Instruments Act, by Dr. S. S Srivastava, Central Law Publications
(2018)
5. Contract II along with Sale of Goods Act and Partnership Act, by Dr. S. K. Kapoor –
Central Law Agency (2017)
6. Contract II (Special Contracts), by Dr. S. R. Myneni, Asia Law House (2018)
7. Law of Contract-II, by Y. S. Sharma, University Book House Pvt. Ltd. (2018)
8. Avtar Singh’s Law of Sale of Goods, by Deepa Paturkar, Eastern Book Company
(2021)
9. Sale of Goods Act, by R. K. Bangia, Allahabad Law Agency (January 2017)
10. The Indian Partnership Act, 1932 with Limited Liability Partnership Act, 2008, R. K.
Bangia, Allahabad Law Agency (2012)
11. Introduction to Law of Partnership, including Limited Liability Partnership, by Avtar
Singh, Eastern Book Company (2018)

Suggested Websites:
1. www.mca.gov.in

90
2. https://rof.mahaonline.gov.in

PROGRAM: 3 Yr/5 yr Professional Law

Second year LLB / Fourth Year B.L.S. LL B


Semester: IV/VIII

Course Title-: CONSTITUTIONAL LAW- II

Course Code: Credits: 4

COURSE OBJECTIVES:
This course is the second course on Constitutional Law in the professional LL B programmes
of the University. This is designed to enrich student’s knowledge about the Supreme Lex. The
course aspires to impart detailed understanding of various vital aspects of Indian Constitutional
governance, federalism and Centre-State relations. The students will be intellectually armed
with the exhaustive knowledge of the composition and jurisdiction of Supreme Court and High
Courts. This course intends to highlight detailed understanding of the powers and functions of
legislature and executive. At the same time, this course provides augmented acquaintance to
students about concepts like independence of judiciary, judicial accountability and judicial
activism in India. The students will gain in depth learning about provisions relating to
Emergency and amenability of the Constitution. The Constitution and powers of various
constitutional bodies will be analyzed in detail. Over all, this course emphatically prepares
students to achieve intense knowledge and meticulous intricate details about imperative
concepts of the Supreme law of the land. The course also encompasses study of interstate trade
and commerce and cooperative societies.

COURSE OUTCOME:
After completing this course the students will be able to:
1. Understand the concept of Federalism and relationship and distribution of powers
between Centre and State and analyse various doctrines to interpret the Union, State
and Concurrent Lists

1. .Understand the procedure for appointment, removal and powers of President and
Governor as well as various Constitutional bodies like Election Commission of India,
Attorney General and Advocate generals, Comptroller and Auditor General of India.
1. Comprehend in detail the qualifications, disqualifications of members of legislatures and
executives and powers and privileges of Centre and State Legislatures.
1. Understand and fathom the Composition and Jurisdiction of Supreme Court and High
Court and the concepts of Independence of Judiciary, Judicial accountability and judicial
activism.

91
1. Understand and identify the provisions relating to declaration of various emergencies ad
their interpretation
1. To know and appreciate the provisions of the Constitution as to the power, procedures
and restrictions on amending the Constitution and their interpretation , including the
Basic Structure Doctrine
1. To understand the provisions of the Constitution on interstate trade and commerce and
cooperative societies
Module 1:
1. Federalism
Concept and Idea of Federalism
State and Union territories (Part-I and Part- VIII)
Features of Indian Federalism

Local self-governing Bodies: Panchayats and Municipalities (Part IX and IX-A)


Scheduled and Tribal Areas (Part X)
Special Status of some States (Part- XXI)
Forms of Government

1.2 Concept of Cooperative and Competitive Federalism


1.3 Centre-State Relations (Part-XI)
Legislative Relations
Administrative Relations
Finance, Property, Contract and Suits(Part-XII)
Special Provisions Relating to Certain Classes (Part-XVI)

MODULE 2:
2.1 Legislature and Executive under the Indian Constitution
Unicameral and bicameral Legislatures
Composition, Powers, and Functions of Union Legislature (Part-V, Chap-2)
Composition, Powers, and Functions of State Legislature (Part-VI, Chap-3)

1. Qualification, Disqualification and Privileges of-


Members of Parliament
Members of Legislative Assembly

Anti-Defection Law (Xth Schedule)


1. Law making procedure

92
Types of Bills- Ordinary, Financial, Money and Appropriation
Private Member Bills and Government / Public Bills

1. Qualification, Powers, and functions of-


President and Vice-president

Union Council of Ministers


Governor
State Council of Ministers

Module 3:
3.1 Judicial Activism
3.2 Independence of Judiciary

3.3 Judicial accountability


3.4 National Judicial Appointments Commission.

MODULE 4:

4.1Emergency (Part XVIII)


Types of Emergencies
Grounds for proclamation
Consequences of Proclamation
Judicial Review of proclamation of emergencies
4.2 Amendment and the basic structure doctrine (Part XX)

4.3Constitutional Bodies and Offices


Services (Part-XIV, Chap-1)
UPSC and State Public Service Commission (Part-XIV, Chap-2)
Election Commission of India (Part-XV)
Attorney General and Advocate Generals (Relevant Chapters from Part-V and Part-VI)
Comptroller and Auditor General of India (Chapter-V, Part-V)

Finance Commission (Art. 280, Art-281)


National Commissions for SC, ST and Backward Classes (Art.338, Art.338-A, Art.338-B)

4.4Inter-state Trade and Commerce (Part-XIII)


Freedom of trade, commerce and inter course

93
Restrictions on the freedom
4.5 Co-operative Societies (Part-IX-B)

Recommended Resources :
1. H.M. Seervai, Constitutional Law of India, Law and Justice Publishing Company, 4 th

Edition 2021
2. M.P. Jain, Indian Constitutional Law, Lexis Nexis
3. Narendra Kumar, Constitutional Law of India, Allahabad Law Agency
4. J.N. Pandey, Constitutional Law of India, Central Law Agency
5. P.M. Bakshi, The Constitution of India, Butterworth Lexis Nexis
6. D.D. Basu, Introduction to the Constitution of India, Lexis Nexis
7. Subhash Kashyap, Constitution of India, National Book Trust
8. Dr. Suresh Mane, Indian Constitutional Law, Dynamics and Challenges, Aarti and
Company
9. Mahendra Pal Singh, V. N. Shukla’s Constitution of India, Eastern Book Company
10. Kailash Rai, The Constitutional Law of India, Central Law publication
11. Writing and speeches of Dr. Baba Saheb Ambedkar published by Government of
Maharashtra.
12. Arvind Datar, Commentary on the Constitution of India, 3 volumes
13. K L Bhatia, Cases and Materials on Constitutional law of India, Universal Law
Publishers

PROGRAM: 3 Yr/5 yr Professional Law

Second year LLB / Fourth Year B.L.S. LL B


Semester: IV/VIII

Course Title-: HUMAN RIGHTS LAW

Course Code: Credits: 4

COURSE OBJECTIVES:

The objective of this course is to inculcate sense of responsibility amongst citizens and create
awareness about Human Rights, democracy and development.This course aims to enlighten
students about the Principles and Characteristics of Human Rights and its various Laws,
Declaration and Covenants. Through this course the students will be able to understand the
growth and development of Human Rights laws in India and across the globe. Education on
national and international regime of Human Rights will be imparted. This course intends to
reflect on the criticism of various theories of Human Rights. To study the classification of
Human Rights-First, Second, Third generation rights with their historical development. To
analyze Human Rights vis-à-vis Politics and Society and Third world perspective of Human
Rights. Overall, this course intendsto foster respect for international obligations for peace and
development, to sensitize students to human suffering and promotion of human life with
dignity, to develop skills on human rights advocacy and to appreciate the relationship between
rights and duties and to foster respect for tolerance and compassion for all living creatures.

94
COURSE OUTCOMES:
After completion of this course, students will be able to:
1. Understand, evaluate and analyze the historical perspectives and philosophical aspects
of human rights jurisprudence across the globe.
2. Understand working of international organizations dedicated to the protection of
human rights.
3. Have in depth knowledge of various statutory safeguards available for protection of
human rights in India and role of judiciary.
4. Comprehend ideals of constitution and functions of commissions and bodies set up
for protecting human rights in India.
5. Fathom the global steps taken for protection of human rights of vulnerable persons.
6. Understand, appreciate and evaluate the promotion of human life with dignity,
especially with respect to the various regional arrangements and recognized measures
to protect the rights of the meek and subjugated.

Module1:
History and Philosophy of Human Rights
1. Human Rights: Concept, Definition, Evolution, Characteristics, Need, Limitations,
Theories of Development of Natural Rights, Theories of Utilitarianism, Idealism,
Socialism and Positivism;
2. Human Rights in India, the tradition of Human Rights in Indian context: ancient,
medieval and modern;
3. First, Second and Third Generation Human Rights: Their Meaning, Historical
Development and evolution, distinguishing factors and essential characteristics;
4. Universality of Human Rights.
5. Human Rights in Western tradition, Normative Foundation of International
Human Rights;
6. The American Declaration of Independence and the Bill of Rights & the French
Declaration of the Rights of Man.
7. The UN Human Rights System and UDHR.

Module 2:
International Conventions and Protocols
2.1 International Covenant on Civil and Political Rights, First Optional Protocol, Second
Optional Protocol, International Covenant on Economic, Social and Cultural Rights
2.2 Role of ILO, UNESCO, UNICEF and WHO
2.3 UN SDG’s, Right to Environment, Role of NGOs in protection of Human Rights.

Module 3:
Human Rights and the Indian Constitution and Commissions

95
3.1 Indian Constitution and Human Rights: Fundamental Rights and Directive Principles
of State policy under the Indian Constitution, Fundamental Duties under the Indian
Constitution, Relationship Between Rights and Duties in relation to State and Society.

3.2The Protection of Human Rights Act, 1993


3.3National Commission for Women: Constitution, Role and Responsibilities;
3.4 National Commission for Minorities: Constitution, Role and Responsibilities;

3.5NationalCommissionfor ScheduledCastes: Constitution, Role and Responsibilities;


3.6National Commission for Scheduled Tribes: Constitution, Role and Responsibilities

3.7 Role of Judiciary in Protection of Human Rights in India

Module 4:
Human Rights Protection of Vulnerable Groups & Regional Arrangements
4.1. Human Rights Protection of Vulnerable Groups
The Convention on Elimination of all forms of Discrimination
Against Women (CEDAW), 1979
The Convention on the Rights of Child (CRC),

The Convention on Rights of Persons with Disabilities (CRPD), 2008


International Convention on the Rights of Older Persons, 2020
4.2 Human Rights: LGBT, Refugees and Aliens.

4.3 Regional Arrangements:


European Regional Arrangement
American Regional Arrangement

African Regional Arrangement

Suggested Readings
1. Theodor,Meron, Human Rights andInternationalLaw:Legaland Policy Issues
2. Kapoor, S.K., International Law and Human Rights, Central Law Agency
3. Luis,Henkin, “The Rights of Man Today”, University ofMiamiInter-American Law
Review,
4. Singh, Nagendra, Enforcement of Human Rights in Peace and War and the future of
humanity
1. The Module ed., Nations and HumanRights (Clarendon Press, Oxford)
1. Agarwal,H.0.,Implémentationof Human Rights Covenants with Special Reference of
India{Kitab Mahal, Allahabad}
1. D.D. Basu Human Rights in Constitutional Law(Lexis Nexis)

96
1. B.P. Singh Seghal,(Human Rights in India)
1. International Refugee Law: A Reader, Edited by B.S. Chimni

PROGRAM: 3 Yr/5 yr Professional Law

Second year LLB / Fourth Year B.L.S. LL B


Semester: IV/VIII

Course Title-: CRIMINOLOGY AND PENOLOGY (Optional Paper)


Course Code: Credits: 4

COURSE OBJECTIVES:
Crime is a concept having changing dimensions according to social, economical, political and
legal dimensions. Science and technology have also impacted on patterns of crime. Thus, this
Course aims to give a basic idea of concepts like crime, criminal law, administration system
etc. and to make students acquainted with criminology, penology and victimology in detail.This
course offers a specialist understanding of criminal policies including theories of punishment,
their supposed philosophical and sociological justifications and the problem of exercise of
discretion in sentencing. In addition the course introduces students to the factors leading to
criminal behaviour and modern approach of courts in awarding punishments. A general idea of
criminal justice system is to be put forth through this course. In addition the course introduces
students to the discipline of victimology which will shift the study from accused centric
approach to much needed victim centric approach.
COURSE OUTCOMES:
After completing this course, students will be able to:
1. Understand various forms of crimes and criminals;
2. Grasp knowledge of different schools explaining criminal behaviour and crime
causation;
3. Comprehend the reformative approach in dealing with criminals;
4. Understand different theories and kinds of punishments and their applicability;
5. Fathom the concept of victimology in Indian context.
6. Identify and understand the actual working of criminal justice system in India.

MODULE 1:
1. Nature and scope- Crime and Criminology
Concept of Crime- 18 , 19 and 20 Century
th th th

Classification of Crime
Definitions of Criminology

History of criminology
Inter –Relation between Criminology, Penology and Criminal Law
Is criminology a science?

97
1.2 The Schools of Criminology
Pre-classical School of Criminology
The Classical School
Neo-classical school

Positive School
Cartographic School
Clinical School of Criminology
Sociological School of Criminology
Socialist School of Criminology
New Criminology Trends for research

MODULE-2:
2.1 Causes of Criminal Behaviors
Heredity and Crime
Bio-physical factors and criminality
Freud’s Theory of Criminal Behaviour
Group and class conflict

Emotional and psychological factors


Certain modern and technological developments
Atrocities
Theory of Differential Association (Sutherland)
Multiple factors approach to crime causation: - Mobility, Cultural conflicts, Family
background, Political ideology, Religion and crime, Economic condition, Ecology of crime.
2.2 Classification of Criminals:
Ordinary &First-time offenders
Habitual offenders,
Women offenders

Juveniles in conflict with law


White Collar Criminals
Cyber Criminals
Terrorists

98
MODULE 3:
3.1 Police and Criminal Justice
The police system
Structural organization of police at the centre and states

Mode of recruitment and training


Powers and duties of police under Police Act, Criminal Procedure Code and other laws
Method of police investigation
Third degree method
Corruption in police
Relationship between police and prosecution

Liability of police for custodial violence


Police public relations
Police Reforms

3.2 Meaning of penology


3.3 Theories of punishment
3.4 Kinds of punishment

3.5Capital punishment
MODULE4:
4.1 Treatment or Correction of Offenders
The need for reformation and rehabilitation of offenders undergoing punishment/
imprisonment
The role of psycho-analysts and social workers in the prison
Vocational and religious education and apprenticeship programmes for the offenders
Group counseling and re-socialization programmes
Prisoner’s organizations for self-government
Participation of inmates in community services

An appraisal of reformative techniques


Efficacy of imprisonment as a measure to combat criminality and the search for substitutes
The Prisons Act, 1894
Kinds of Prison

99
4.2 Probation of offenders
Probation and suspended sentence – Distinction
The Probation of Offenders Act, 1958

4.3 Parole and Furlough


Parole and indeterminate sentence- Distinction
Parole and Probation comparison
Parole distinguished from furlough
The object of Parole
Parole in India
Condition of Parole

Parole violation
Supervision of parolees
Problems of the released offender
Attitudes of the community towards released offender

4.4 Victimology
Definition, nature and development of victimology

Victim and criminal justice system in India


UN Declaration on Justice for Victims of Crimes, 1985
Rehabilitation and reconciliation of victims
SUGGESTED READINGS:
1.Ahmad Siddique, Criminology Problems & Perspective (5th ed., 2007) 4.
2. N.V. Paranjape, Criminology and Penology (13th ed., 2008) Salmond and Heuston – On
the Law of Torts, Universal, Delhi
3. Gaur. K.D. (3 Edn. 2015); Criminal Law, Criminology and Administration of Criminal
rd

Justice Universal Law Publishing


4. S. S. Srivastava, Criminology, Penology & Victimology (6th ed., 2012) Criminology,
Penology & Victimology, (2 Edn. 2019) Bright Law House
nd

5. Allen, Friday, Roebuck and Sagarin, Crime and Punishment: An introduction to


Criminology, The Free press. New York.
6. National Police Commission Report
7. Law Commission’s Report on Capital punishment

100
PROGRAM: 3 Yr/5 yr Law

Second year LLB / Fourth Year B.L.S.


Semester: IV/VIII

Course Title-: BANKRUPTCY LAWS (Optional paper)

Course Code: Credits: 4

COURSE OBJECTIVES:

Insolvency is a financial malaise that afflicts the economy and society. Law has to
effectively deal with this malaise. Indian Parliament has repealed the laws dealing
with insolvency and bankruptcy and passed the Insolvency and Bankruptcy Code,
2016(IBC) to consolidate the laws relating to insolvency and bankruptcy of
corporate persons, individuals and corporate firms and to expedite resolutions with
maximization of the value of assets.
The objective of this course is to teach and learn IBC in depth. This course will
include the study of the historical background of IBC, aims and objectives of IBC,
the role, powers and functions of Insolvency Bankruptcy Board of India, provisions
of IBC as to corporate persons, Limited Liability Partnership firms, individuals and
partnership firms.
COURSE OUTCOME:
After completing this course, students will be able to :
1. Understand the role of Insolvency and Bankruptcy Board of India (IBBI) in
professionalizing insolvency services through regulation and development of
service providers, namely, insolvency professionals, insolvency professional
agencies, insolvency professional entities, information utilities, registered
valuers, and registered valuers’ organizations
2. Understand in respect of corporate persons the corporate insolvency resolution
process(CIRP), fast track CIRP, voluntary liquidation process, liquidation
process and in respect of Micro, Small and Medium Enterprises the
Prepackaged Insolvency Resolution Process
3. Understand in respect of individuals and partnership firms the fresh start
process, the insolvency resolution process and the liquidation process
4. Understand the role of insolvency professionals, insolvency professional
agencies and information utilities
5. Understand the importance, powers and functions of the Adjudicatory
Authorities under IBC
6. Appreciate the relationship between the government and IBBI and to understand
Board’s Fund , Insolvency and Bankruptcy Fund , relevant regulations framed
by IBBI and rules framed by the government

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MODULE 1:
1.1 Historical background and constitutional allocation of the subject of
insolvency and bankruptcy
1.2 Preliminary under IBC
1.2.1 Short title, extent and commencement of IBC
1.2.2 Application of IBC
1.2.3 Definitions under IBC
1.3 MISCELLANEOUS
1.3.1 Insolvency and Bankruptcy Fund
1.3.2 Power of Central Government
1.3.3 Bar of jurisdiction
1.3.4 Protection of action taken in good faith
1.3.5 Appeal and revision
1.3.6 IBC to override other laws
1.3.7 Limitation
MODULE 2:
2.1 CIRP
2.2 Fast track CIRP
2.3 Voluntary Liquidation Process
2.3 Liquidation Process
2.4 Prepackaged Insolvency Resolution Process
2.5 Adjudicating Authorities and Appellate Authorities
2.6 Offences and Penalties

MODULE 3:
3.1 Fresh Start process for individuals and partnership firms
3.2 Insolvency resolution process for individuals and partnership firms
3.3 Bankruptcy order in respect of individuals and partnership firms
3.4 Administration and Distribution of assets of the Bankrupt
3.5 Adjudicating authorities and appellate authorities
3.6 Offences and Penalties under Part III of IBC

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MODULE 4:
4.1 IBBI
4.2 Insolvency Professional Agencies
4.3 Insolvency Professionals
1. Information Utilities
1. Insolvency Professional Entities
4.5 Registered Valuers, and Registered Valuers’ Organizations

Suggested Readings:
1. https://ipaicmai.in/
2. https://www.ibbi.gov.in/
3. https://www.mca.gov.in/Ministry/pdf/TheInsolvencyandBankruptcyofIndia.pdf
4. https://www.ibbi.gov.in/uploads/publication/a30d234862670f06b5a128a1bf208
083.pdf
5. https://www.ibbi.gov.in/uploads/publication/e42fddce80e99d28b683a7e21c811
10e.pdf
6. Law of Insolvency in India By: Mulla, D. F
7. Law of Insolvency By: Singh Avtar.
8. Insolvency and Bankruptcy Code, 2016 Bare Act (Print/eBook) by EBC,
Edition: 8th, 2021
9. Insolvency and Bankruptcy Code: Law and Practice by Akaant Kumar Mittal,
Edition: 2021
10. Taxmann's Insolvency and Bankruptcy Code 2016 (latest edition)
11. Vivek Sood, Emergence of Commercial Justice, Bloomsbury, 2021

Drafting Pleading and Conveyancing II


LL B Semester IV/ B.L.S LL.B Semester VI
Course Outline
Course Objectives
The primary objective of the course is to train the students in putting the thoughts into words
with respect to the Legal Drafts. The students will be trained in drafting of conveyances and
other essential documents. The course aims at equipping the students with drafting skills to
give more exposure to the nature of legal language and the issues related to drafting legal
documents. This course intends to cover the traditional conveyances, pleadings in matrimonial
and family matters, partnership and corporate drafts which are particularly listed in the
modules.
Course Outcomes:
By the end of the course the students will be able to
1. Draft conveyances included in the syllabus
2. Draft wills and codicils

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3. Understand registration of documents
4. Draft partnership and limited liability partnership deeds
5. Draft pleadings in matrimonial and family matters included in the syllabus
6. Draft RTI, application for CIRP, winding up petitions, notice for AGM and defective
goods
7. Have the practical exposure to drafting deeds, conveyances and matrimonial petitions
8. Independently draft the deeds and the petitions after thorough legal research
9. Have the ability to defend the case undertaken by identifying the issues and providing
solutions to resolve considering the facts in issue.
4 10. Identify different stages in matrimonial case and prepare for court trial and proceedings
like cross examinations and arguments
Module I
1.1 Sale Deed
1.2 Mortgage Deed- Simple, English, Mortgage by Conditional sale, Usufructuary,
mortgage
1.3 Lease deed, Leave and License Agreement
1.4 Exchange Deed
1.5 Gift Deed
1.6 Trust Deed
1.7 Registration of Documents- S 17, 18 Indian Registration Act, 1908
1.8 Partnership Deed

Module II
2.1 Matrimonial Petitions- Divorce Petitions, Mutual Consent Divorce Petitions
2.2 Application for Maintenance
2.3 Application for Custody
2.4 Pleadings for restitution of conjugal rights
2.5 Nullity of marriage

Module III
3.1. Limited Liability Partnership Deed
3.2 Petitions for winding up a company under Companies Act 2013
3.3 Draft Notice for Annual General Meeting and Special General Meeting
3.4 Legal Notice for Defective Goods
3.5 Application for Corporate insolvency resolution under IBC 2016

Module IV
4.6 Will and Codicil
4.7 Application for heirship certificate

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4.8 Testamentary Petition for Succession Certificate (Probate)
4.9 Application for Certified Guardian
4.10 Adoption Deed under Juvenile Justice Act, 2015
4.11 RTI applications, reply, appeal

SUGGESTED READINGS
1. Shiva Gopal, Conveyancing, Precedents and Forms, EBC, 2016
2. Hargopal, Hargopal's Legal Draftsman - A Comprehensive Guide to Deeds and
Documents in 2 Vols.

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