SYLLABUS

Semester - I

BACHELOR OF LAWS (HONOURS)

LL B (H)

SOA NATIONAL INSTITUTE OF LAW

SIKSHA ‘O’ ANUSANDHAN
(Deemed to be University)
Bhubaneswar (Odisha) INDIA
 SEMESTER - I
SUBJECT: JURISPRUDENCE
SUBJECT CODE: 3LC 111

Objective: This course will focus on the principles, ideas and issues that have shaped the
modern legal thinking. This course is aiming to impart the analytical skill and equip the
student with the basic problems concerning law and the types of solutions sought. The basic
idea in the designing of this course is to bring jurisprudence closer to reality.

UNIT –I JURISPRUDENCE – MEANING, NATURE AND SCOPE

a) Definition, Scope and Utility of Jurisprudence

b) Relationship with other Disciplines
c) Law and Justice
d) Latest Trends – Changing Dimensions

UNIT -II SCHOOLS OF JURISPRUDENCE – I

a) Natural Law Theory

b) Philosophical School
c) Analytical School and Pure Theory of Law
d) Historical School

UNIT –III SCHOOLS OF JURISPRUDENCE – II

a) Marxian concept of Law

b) Sociological School
c) Scandinavian Realism
d) American Realism

UNIT –IV LEGAL CONCEPTS

a) Rights and Duties

b) Ownership, Possession and Property
c) Legal Personalities, Nature of Personality, Status of Unborn, Minor,
Lunatic & Dead Persons
d) Liability – Nature and Kind, Condition for Imposition of Liability

Recommended Books:

 W. Friedman – Legal Theory

 V. D. Mahajan – Jurisprudence and Legal Theory
 Paton – Jurisprudence
 Edgar Bodenheimer – Jurisprudence
 Fitzgerald – Salmond on Jurisprudence.
 R. W. M. Dias – Jurisprudence

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 SEMESTER - I
SUBJECT: LAW OF CONTRACT – I
(GENERAL PRINCIPLES OF CONTRACT)
SUBJECT CODE: 3LC 112
Objective: The objective of the study is to make the students aware of the complexities of
business transactions along with its basic necessities & to have an idea to differentiate
between a contract from an agreement.

UNIT– I FORMATION OF CONTRACT

a) Agreement & Contract-Meaning, Nature, Definitions, Essentials and

differences
b) Proposal – Meaning, , Classification, Communication and Revocation,
Intention to create legal relationship, Difference from Invitation to treat
c) Acceptance-Meaning, Essentials, Effect, Communication and
Revocation
d) Legality of Standard form of Contracts

UNIT– II CONSIDERATION AND CAPACITY OF THE PARTIES

a) Consideration – Meaning, Essentials, Privity of Consideration and

Privity of Contract
b) The Rule in Pinnel’s case & Exceptions to the rule “Agreement without
Consideration is void”
c) Capacity of the Parties – Meaning and Essentials, Nature & effect of a
Minor’s Agreement
d) Doctrine of Restitution, Minor’s liability for Necessaries & Beneficial
Contracts, Position of Persons having Unsound mind and Persons
Disqualified by Law

UNIT–III FREE CONSENT, LEGALITY OF THE OBJECT AND

CONSIDERATION, VOID AGREEMENTS & CONTINGENT
CONTRACT

a) Free Consent – Meaning and Nature of Consent and Free Consent,

Elements Vitiating Free Consent – Coercion and Undue Influence
b) Elements Vitiating Free Consent –Fraud, Misrepresentation &
Mistake
c) Legality of the Object and Consideration – Meaning, Nature and
Effect
d) Void Agreements and Contingent Contract

Unit– IV QUASI CONTRACTS, PERFORMANCE & DISCHARGE OF THE

CONTRACT AND REMEDIES FOR BREACH OF CONTRACT

a) Performance of the Contract – Offer of Performance or Tender & its

essentials, Time, Place and Manner of Performance and Performance of

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 Reciprocal Promises, Effect of Failure to Perform the Contract in Time,
Appropriation of Payment
b) Discharge of the Contract– Meaning & Modes of Discharge- by
Performance, by breach, by impossibility, by agreement & novation
c) Quasi Contracts.
d) Remedies for Breach of Contract: Damages - Meaning, Nature, Kinds,
Remoteness and Measurement, Injunction, Specific performance and
Quantum Meruit.

Recommended Books:

 Avtar Singh, Law of Contract and Specific Relief.

 Mulla, Law of Contract and Specific Relief.
 Anson’s, Law of Contract.
 Bangia, Law of Contract and Specific Relief.
 Cheshire and Fifoot, Law of Contract.

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 SEMESTER - I
SUBJECT: CONSTITUTIONAL LAW – I
SUBJECT CODE: 3LC 113

Objective: To educate the students regarding the importance of the Constitution of India,
which is the supreme law of the Land, as well as to make them aware of all those rights and
duties which our Constitution provide as well as protects.

UNIT -I FUNDAMENTALS OF CONSTITUTIONAL LAW

a) Origin and Nature of Indian Constitution

b) Salient Features of Indian Constitution
c) Preamble and its Significance
d) Union &Territory, Citizenship under the Constitution (Article 1-4, 5-11)

UNIT -II FUNDAMENTAL RIGHTS - I

a) Origin, Nature and Importance

b) Definition of the State and Law (Article 12 & 13) & Judicial Review
c) Right to Equality (Article 14 - 18)
d) Right to Freedom (Article – 19 & 20)

UNIT –III FUNDAMENTAL RIGHTS - II

a) Right to Life & Personal Liberty (Article – 21) & Right to Education (Article
21 A)
b) Safeguards against arbitrary arrest and detention, Right against
exploitation (Article 22, 23 - 24)
c) Right to Freedom of Religion, Cultural &Educational Rights
(Article – 25 – 28, 29 - 30)
d) Right to Constitutional Remedies (Article – 32-35)

UNIT -IV DIRECTIVE PRINCIPLES OF STATE POLICY (DPSP) AND

FUNDAMENTAL DUTIES

a) Nature, Dimension & Scope of DPSP (Article 36 - 51)

b) Relationship between Fundamental Rights &DPSP
c) Judicial Activism
d) Fundamental Duties (Article – 51A)

Recommended Books:

 Granville Austin, The Constitution of India, Oxford.

 Basu, Constitutional Law of India, Prentice Hall of India.
 Kashyap, Perspectives of the Constitution, Shypra.
 J.N.Pandey, Constitution of India, Central Law Agency.
 Seervai, Constitutional Law of India
 V.N. Shukla, Constitution of India.
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 M.P. Jain, Indian Constitutional Law.
 Nutshells, Constitutional and Administrative Law.
 Mahendra P. Singh, V. N. Shukla’s Constitution of India (11 ed., 2008).
 D.D. Basu, Shorter Constitution of India (14th ed., 2009)

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 SEMESTER - I
SUBJECT: THE BHARATIYA NYAYA SANHITA, 2023 (BNS)- I
SUBJECT CODE: 3LC 114

Objective: This Course has been so designed as to generate critical thinking among the
students about the stated objectives of criminal law and enable them to scrutinize the recent
developments and changes that have taken place in the field and to impart to the students the
conceptual foundations of crime laced with the basic underlying philosophy of the Indian
Penal Code.

UNIT- I INTRODUCTION TO LAW OF CRIMES

a) Definition and Nature of Crime

b) Elements of Crime & Stages in commission of Crime
c) Protection to the accused- Doctrine of Double Jeopardy, Presumption
of Innocence, Doctrine of self-incrimination, Right to legal aid,
Protection against illegal arrest, detention and custodial death
d) Jurisdiction & Limitation – Personal Jurisdiction, Territorial
Jurisdiction(Intra & Extra), Admiralty Jurisdiction

UNIT- II GENERAL EXPLANATIONS AND GROUP LIABILITY

a) Important Definitions
b) Joint Liability, Common Intention & Common Object
c) Vicarious Liability and Strict Liability in Crime
d) Punishment – Theories, Kinds & Limits

UNIT- III GENERAL EXCEPTIONS

a) Mistake of Fact & Law; Executive and Judicial Act

b) Accident; Necessity
c) Infancy; Unsoundness of mind, Intoxication
d) Right to Private Defence

UNIT- IV ABETMENT, CONSPIRACY, OFFENCES AGAINST STATE

a) Abetment and Criminal Conspiracy

b) Offences against State and Public Tranquility
c) False Evidence and Offences against Public Justice; Offences relating to
Coin and Government Stamps
d) Offences affecting the Public Health, Safety, Convenience, Decency and
Morals

Recommended Books:

 Ratanlal & Dhirajlal, The Indian Penal Code.

 H.S. Gaur, Penal Law of India.
 Glanville Williams, Textbook of Criminal law.
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 Russel on Crime.
 Smith and Hogan, Criminal Law.
 Andrew Asworth, Principles of Criminal Law.
 Clarson and Keating, Criminal Law.

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 SEMESTER - I
SUBJECT: TRANSFER OF PROPERTY- I
SUBJECT CODE: 3LC 115
Objective: The focus of this course in on the study of the concept of ‘Property’, the ‘nature of
property rights’ and the general principles governing the transfer of property. The course is
designed to enable the students to understand the basic philosophy of property law and its
nuances. It introduces them to the modes of transfer and their ramifications.
UNIT- I PRINCIPLES OF TRANSFER OF PROPERTY – I

a) Concept & Meaning of Immovable Property, Distinction of Movable &

Immovable Property.
b) Transfer of Property: Definition, Transferability, Persons Competent to
Transfer.
c) Operation of Transfer
d) Conditions restraining Transfer.
UNIT-II PRINCIPLES OF TRANSFER OF PROPERTY - II

a) Transfer of Property to an Unborn Person, Rule against Perpetuity with

exceptions
b) Direction for accumulation, Vested & Contingent Interest
c) Conditional Transfer, Doctrine of Election
d) Transfer by Ostensible & Co-owner

UNIT-III PRINCIPLES GOVERNING TRANSFER OF IMMOVABLE PROPERTY

a) Priority of Rights, Rent paid to holder under defective title, Improvements

made by bonafide holders, Doctrine of Lis Pendens
b) Fraudulent Transfer and Part Performance
c) Definition of Sale, Difference between Sale, Contract for Sale & Hire Purchase
Agreements
d) Rights & Liabilities of Buyer and Seller, Marshalling by subsequent Purchaser

UNIT-IV LEASE OF IMMOVABLE PROPERTY

a) Definition & Creation of Lease

b) Rights & Liabilities of Lessor & Lessee
c) Determination of Lease
d) Waiver of Forfeiture & Holding Over

Recommended Books:

 Mulla D.F.,Transfer of Property Act.

 H.N. Tiwari, Transfer of Property Act.
 Ghosh, Law of Mortgage.
 Gour‘s Transfer of Property Act.
 Lahiri, Transfer of Property Act.
 Dr. R. K. Sinha, The Transfer of Property Act
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 SEMESTER - I
SUBJECT: FAMILY LAW- I (HINDU LAW)
SUBJECT CODE: 3LC 116

Objective: The objective of the paper is to apprise the students with the laws relating to
marriage, dissolution, matrimonial remedies, adoption, and contemporary trends in family
institutions in India, in particular the Hindus and orient the students with the laws relating
to family matters governing inheritance, succession, partition, with practical approach.

UNIT – I INTRODUCTION TO HINDU LAW

a) Origin and development of Hindu Law.

b) Sources and Schools of Hindu Law
c) Joint Hindu Family, Concept of Joint Family, Coparcenary Property,
Partition and Debt
d) Karta, Power of Alienation of Joint Family Property

UNIT – II THE HINDU MARRIAGE ACT, 1955

a) Marriage- Concept and Nature Hindu Marriage, Application, Extent

and Definitions
b) Essentials of a Valid Marriage, Ceremonies and Registration of Hindu
Marriages,
c) Nullity of Marriage and Divorce, Restitution of Conjugal Rights,
Judicial Separation
d) Maintenance and Alimony, Jurisdiction and Procedures.

UNIT – III HINDU LAW OF SUCCESSION

a) Application, Objects and Scope, Definitions, Devolution of Interest of

Coparcenary Property under Hindu Succession Act.
b) Rule of succession in case of a male dying intestate
c) Rule of succession in case of a female dying intestate
d) Testamentary Succession, Wills, Types of Wills, Method of Registration
as in Indian Succession Act, 1925

UNIT – IV THE HINDU LAW ON MINORITY AND GUARDIANSHIP & THE

HINDU LAW ON ADOPTIONS AND MAINTENANCE ACT

a) Application, Object and Scope, Definitions under ‘The Hindu Minority

and Guardianship Act, 1956’
b) Natural Guardian, Testamentary Guardian, Guardian appointed by
Court, Defacto Guardian – Powers, Rights and Duties
c) Application, Object and Scope, Definitions under ‘The Hindu
Adoptions and Maintenance Act, 1956’, Essentials for valid adoptions
and effects of adoption

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 d) Concept of Maintenance of Wife, Widowed daughter in law,
Children, Parents and Dependences, Amount of Maintenance and
other related provisions.

Recommended Books:

 Satyajeet A. Desai, Mulla’s Principles of Hindu Law, Vol. I & II (20th ed., 2007)
 Paras Diwan and Peeyushi Diwan, Modern Hindu Law (18th ed., 2008)
 Basu, N.D., Law of Succession (2000), Universal, Delhi
 Pares Diwan, Family Law: Law of Marriage and Divorce in India, (1984).
 Paras Diwan, Law of Adoption, Minority, Guardianship and Custody (2000),
Universal, Delhi
 D. Pathak, Hindu Law
 John D. Mayne - Hindu Law Usages
 Mulla - Principles of Hindu Law-
 Paras Diwan - Law of Adoption, Ministry Guardianship's custody
 J. D. M. Derrett - Hindu Law - Past and Present
 Ranganath Misra, Mayne’s Treatise on Hindu Law & Usage (15th ed., 2006)

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 SEMESTER - I
SUBJECT: LAW OF TORTS –I & THE CONSUMER PROTECTION ACT
SUBJECT CODE: 3LC 117

Objective: With the rapid changing social scenario, the inadequacy of law to protect
individual is exposed. This paper will introduce the students the basic concept of Law of
Torts, the defences available in an action for torts, principle of tortious liability, the capacity
of parties to sue and be sued and matters connected therewith. In the modern era of consumer
concern of goods and services, the law of torts has a crucial significance. The course is
designed to give knowledge to the students about the law relating to consumer protection,
various legislation and judicial decision & remedies provided to the people under the
Consumer Protection Act, 1986.

UNIT- I INTRODUCTION AND GENERAL PRINCIPLES IN TORT

a) Meaning, Nature, and Scope

b) Essential Constituents of Tort
c) Mental Elements in Torts – Intention, Motive, Malice, Negligence and
Recklessness
d) Immunity of Persons from liability

UNIT- II JUSTIFICATIONS OR GENERAL DEFENCES

a) Volenti non fit injuria, Plaintiff is at fault, Inevitable Accident,

b) Act of God, Private Defence, Mistake,
c) Necessity, Statutory Authority, Exercise of Common Rights,
Contributory Negligence
d) Act of State, Judicial, Executive & Administrative Acts, Parental and
Quasi Parental Authority

UNIT- III VICARIOUS LIABILITY, STRICT AND ABSOLUTE LIABILITY

a) Vicarious liability – Master and Servant, Employer and Independent

Contractor, Principal and Agent, Company and Director, Firm and
Partner, Guardian and Ward
b) Vicarious liability of the State
c) Rules of Strict Liability and Exception – Ryland v. Fletcher
d) Rules of Absolute Liability – M.C. Mehta v. Union of India, The Bhopal
Gas Leak Disaster Case

UNIT- IV CONSUMER PROTECTION ACT, 1986

a) Definitions and Scope, Object of the Act,

b) U.N Guidelines for Consumer Protection, Rights and Responsibilities
of Consumers, Consumer Protection Councils
c) Consumer Disputes Redressal Agencies – Establishment, Composition
and Jurisdiction,
d) Procedure of Settlement of Consumer Disputes.
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Recommended Books:

 Salmond & Heuston-On the Law of Torts (2000), Universal, Delhi

 D.D.Basu, The Law of Torts (1982) Kamal, Calcutta.
 Winfield & Jolowiz on Tort (1999) Sweet and Maxwell, London
 Ratan Lal & Dhiraj Lal-The Law of Torts (1997) Universal, Delhi
 R.K.Bangia, Law of Torts
 P.K.Majumdar, The Law of Consumer Protection in India, 1998 Orient Publishing
Co. Delhi
 Winfield, Law of Torts.
 Ramaswamy Iyer, Law of Torts.
 Achuthan Pillai P.S., Law of Torts.
 Vivienne Harpwood, Modern Tort law.
 Winfield & Jolowicz: Tort, XII Edition, Sweet and Maxwell, London - 1994
 Salmond and Heuston: Law of Torts, India reprint Universal Books Traders, New
Delhi - 1994.
 Ramaswamy Iyer: The Law Torts
 Achutan Pillai: The Law of Torts, Eastern Book Co., Lucknow.
 Durga Das Basu: The Law of Torts, X Edition Prentice Hall of India, New Delhi
 Ratna Lal & Dhiraaj Lal: The Law of Torts, Wadhwa & Company, Nagpur, 1992
 R.K. Bangia: The Law of Torts, Allahabad Law Agency, Allahabad, 1999
 J.N. Panday: The Law of Torts, Central Law Publications, Allahabad, 1999
 Vivienne Harpwood: The Law of Torts, Cavandish Publishing Ltd., London, 1993
 Hepple & Mathews: Tort - cases and materials, Butterworth, London, 1980.
 D.N. Saraf, Law of Consumer Protection in India, MN Tripathi, Bombay.
 A.S. Bhatnagar, Motor Accident Compensation, Orient Law House, New Delhi, 2008
 R.K.Bangia, Consumer Protection Act
 P.K. Sarkar, The Motor Vehicles Act, 1988.

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