LL.B Second Semester Syllabus

Second Semester Syllabus

CP 06 Constitutional Law II

Unit-I

Union and State Executive – Presidential vs. Parliamentary form of Government – Term of Office, Qualification and impeachment of President – Powers of President, extent of Power – Vice President – Qualification, Functions and Powers – Governor of a State, Qualification, Appointment and Tenure – Powers – Relevant Case Laws

Unit-II

Union and State Legislature – Parliament – House of States and House of People, Members Qualification and Disqualification – Privileges – Office of Profit – State Legislature – Unicameral and Bicameral Legislative system – Special Procedure on Money Bill and Finance Matters (Union and State) Union Cabinet – Council of Ministers – Collective responsibility – Prime Minister’s appointment – powers , duties and functions – Shamsher v. State of Punjab, S.P. Gupta v. Union of India and other relevant Case Laws.

Unit- III

Indian Judiciary – Nature of Indian Judicial System with its distinctive features – Supreme Court of India – Judges appointments, Qualification and Removal – Chief Justice of India – Qualification, appointment and removal – the Original Appellate and Advisory Jurisdiction of Supreme Court – Binding nature of law declared by the Supreme Court – Independence of Judiciary and Judicial Accountability – The State Judiciary – High Court – Appointments, Qualifications, conditions of Service and removal of Judges – Ordinary Jurisdiction – Writ Jurisdiction – Powers including supervisory power – Subordinate Courts – appointment and control over Subordinate Courts.

Unit-IV

Comptroller and Auditor General of India - Appointment, duties, powers and Functions - Macro Economic Management under the Constitution of India - Fiscal Responsibility, Taxation Planning and Management - Financial Accountability - State’s role in business - Trade, Contractual Obligation and responsibilities, Revenue Distribution - Official Language Service under the Union and States - Recruitment, Conditions of Service, tenure , Dismissal, All India Service- Doctrine of Pleasure - Public Service Commission - Appointment, Powers, functions duties, removal of Chairman and members.

Unit-V

Emergency Provisions – Kinds -- Failure of Constitutional Mechanisms Amendment of the Constitution--- Principles --- Comparison U.S.A, France and India -- Miscellaneous Provisions--- Temporary and Transitional Provisions -- Schedules

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CP 07 Special Contracts

Unit I

Indemnity – definition – Rights and Liabilities of the Indemnifier and Indemnified – Guarantee – Continuing Guarantee – Nature and Duration of Liability – Rights and Liabilities of Parties

Unit II

Bailment: General features – Division of bailments – Requirements of consideration – Rights and liabilities of bailor and bailee – pledge or pawn – special property in favour of pledge by limited owners – finder of lost goods

Unit III

Agency – Kinds of Agency – creation of Agency – Rights, Duties and Liabilities of Agents – Liability of Principal for act of Agents – Termination of Agency – Contract of Bailment and Pledge – Rights and Liabilities of Bailor and Bailee – Rights and Liabilities of Pawner and Pawnee

Unit IV

Partnership – Nature and Creation – Types of Partnership – Mutual Relationship of Partners – Authority of Partners – Rights and Liabilities of Partners – Admission of New Members – Partnership Property – Dissolution of Partnership – Registration of Partnership – Limited liability Partnership Act

Unit V

Sale of Goods – Concept of Sale – Subject Matter of Sale – Conditions and Warranties – Passing of Property and Risk – Delivery of Goods – Rights of Unpaid Seller – Remedies for Breach

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CP 08 Jurisprudence

Unit I

Meaning of the term jurisprudence - Norms and the normative system - Different types of normative systems - Legal system as a normative order - similarities and differences of the legal system with other normative systems - Relation of Jurisprudence with other Social Sciences

Schools of Jurisprudence - Natural Law School of jurisprudence - Analytical legal Positivism - Historical School - Sociological School – Realist Movement - Economic interpretation of law – Critical Legal Studies(CLS) – Feminist Jurisprudence– Indian Jurisprudence - The Concept of Dharma

Unit II

Austin’s Theory of Sovereignty and Law – Salmond’s definition of law - Kelsen’s Pure Theory of Law - H.L.A Hart’s Theory of Primary and Secondary Rules – Jurisprudence of Interests : Rudolf Von Ihering and Roscoe Pound

Purpose of Law - Justice - Theories of Justice - Relation of Justice to Law – Justice and law: Approaches of different schools - Administration of Justice according to Law.

Law and Morality – interrelation - Enforcement of Morals through Law – Hart and Fuller Debate - Hart and Devlin Debate

Unit III

Sources of Law – Formal and Material Sources – Legal and Historical Sources - Legislation - supreme and subordinate – place of legislation among other sources of law.

Interpretation of statutes - Precedents – importance of precedents - doctrine of stare decisis – ratio decidendi and obiter dictum – theories about the creative role of judges – comparative merits and demerits of precedents over legislation

Custom – reasons for recognition of custom as a source of law – essentials of a valid custom.

Juristic writings

Classification of law – International law and Municipal law – Public and Private law – substantive and procedural law

Unit IV

Meaning and Classification of Legal Rights and Duties - Theories of Legal Rights and Duties – Correlation between Rights and Duties – Rights in a Wider Sense: Hohfeld’s Analysis

Definition and Nature of Personality - Legal Status of Unborn Children, Minor, Lunatic, Drunk and Dead Person - Legal Status of Animals - Legal Personality of State - Corporate Personality - Dimensions of Modern Legal Personality: Legal Personality on Non-human beings

The Definition and Nature of Liability - Kinds of Liability - Theories of Liability - General Conditions of Liability

Unit V

Definition and Nature of Obligation - Sources of Obligation - Kinds of Obligation

Meaning of Property – Kinds of Property – Intellectual Property - Modes of Acquisition of Property

Concept of Possession and Ownership - Theories of Possession Ownership -Kinds of Possession and Ownership - Modes of Acquiring Possession and Ownership

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CP 09 Family Law II

Unit-I

Joint Hindu Family – Origin, nature of joint family and Coparcenary – Characteristic features of coparcenary – distinction between coparcenary and Joint family -Principal of survivorship and succession Classification of property: joint family property and separate property – Kartha: position, powers and liabilities Debt – Pious obligation under Hindu Law

Unit-II

Partition – definition – persons entitled to demand partition – subject matter of partition – mode of partition – reopening and reunion Law of intestate succession – general principles – exclusion from inheritance – succession as applicable to Hindus, Muslims and Christians – Hindu Succession Act: features, devolution of interest in coparcenary property (sec 6), List of heirs in class I and II of the schedule, doctrine of representation, Hindu women’s Right to property – Indian Succession Act – Hanafi Law of Inheritance: doctrine of aul and radd

Unit-III

Testamentary power of Hindus, Muslims and Christians –wasiyat: definition, essentials, and kinds of valid will, abatement of legacies, revocation of will

Unit-IV

Alienation of property among Hindu, Muslims and Christians – Hindu Religious and Charitable endowments – Hiba: Definition, essentials, kinds and formalities for a valid Hiba, Revocation of Hiba – Pre emption: definition, classification and formality – Waqf- meaning -formalities of creation- Types and administration of waqf- Mutawalli and his powers.

Unit-V

Maintenance under Hindu, Muslim and Christian laws – Conflict between personal law and statutes – Maintenance of divorced wives, neglected wives, minor children, unmarried daughters and aged parents – Distinction between alimony and maintenance, permanent alimony, alimony pendente lite - Maintenance of Muslim wives during and after divorce, maintenance under Shariat Act – Right of maintenance under Christian wife on divorce, maintenance under S.125 Cr. P.C.

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CP 10 Law of Crimes II (including Cyber Crimes)

Subject shall be taught by incorporating Indian Penal Code, 1860 (IPC), Bharatiya Nyaya Sanhita, 2023 (BNS), relevant laws and amendments, case laws and the recent developments.

Unit I

Public Nuisance - Definition and Types - Spreading of Infectious Diseases - Adulteration of Food and Drugs - Negligent and Dangerous Driving - Obstructing Public Ways - Keeping Dangerous Animals - Liability and Offenses - Obscenity - Offenses Relating to Religion - Blasphemy, Religious Insults etc.

Unit II

Culpable Homicide and Murder - Distinctions and Punishments – Hurt - Simple and Grievous - Wrongful Restraint – wrongful Confinement – Assault - Kidnapping and Abduction - Rape – Infanticide.

Unit III

Theft and Extortion - Robbery and Dacoity - Criminal Misappropriation and Breach of Trust - Stolen Property – Handling of stolen property - Cheating - Fraudulent Practices - Mischief and Criminal Trespass - Forgery and Counterfeiting.

Unit IV

Preventing Summoning by Court - Obstruction of Legal Process - Disobedience to Public Servant’s Orders - Obstructing the Discharge of Duties - Interference with Law Enforcement and Public Servants Bigamy – Adultery - Cruelty by Husband or Relatives - Domestic Violence Laws - Defamation - Civil and Criminal Liabilities

Unit V

Cyber space - Cyber Crimes and Digital Offenses – Adjudication of Cyber Crimes – Penalty – Liability of network providers – Power of police – Cyber Crimes punishable under various laws - economic offences etc – counterfeiting

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OP 02-Local Self Government (including Panchayat Administration)

Unit I

Local Government: Evolution, Meaning, Features and Significance.-village panchayats in ancient India- Gandhiji’s idea of village panchayats-various committee reports.

Unit II

Urban Local Bodies: Municipal Corporation, Municipal Council and Municipal Committees-their Meaning Features, Role and Significance.

Unit III

Panchayat raj institutions-The nature and scope of Article 40 - 73rd and 74th Constitution Amendment Act.

Unit IV

Panchayati Raj Institutions: Composition, Functions, Sources of Income of Gram Panchayats, Panchayat Samiti and Zila Parishads. District Planning Committee:

Unit V

Statutory Authorities under local governance system---State Finance Commission. State Election Commission-governmental and judicial control over panchayat raj institutions-Tribunals ombudsman-audit.

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