LLB III SEMESTER
PAPER-I:
JURISPRUDENCE
Unit-I:
Meaning
and Definition of Jurisprudence — General and Particular Jurisprudence -
Elements of Ancient Indian Jurisprudence — Schools of Jurisprudence —Analytical,
Historical, Philosophical and Sociological Schools of Jurisprudence.
Theories
of Law — Meaning and Definition of Law — The Nature and Function of
Law — The Purpose of Law — The Classification of Law — Equity, Law and Justice
— Theory of Sovereignty.
Unit-II:
Sources
of Law — Legal and Historical Sources — Legislation - Definition of legislation
– Classification of legislation- Supreme and Subordinate Legislation - Direct
and Indirect Legislation - Principles of Statutory Interpretation. Precedent —
Definition of Precedent — Kinds of Precedent — Stare Decisis — Original
and Declaratory
Precedents — Authoritative and Persuasive Precedents. Custom – Definition
of Custom – Kinds of Custom – General and Local Custom – Custom and
Prescription - Requisites of a valid custom - Relative merits and demerits of Legislation
, Precedent and Custom as a source of Law . Codification — Advantages
and disadvantages of codification.
Unit-III:
Persons
— Nature of personality — Legal Status of Lower Animals, Dead Persons and
Unborn persons — Legal Persons — Corporations — Purpose of Incorporation
— Nature of Corporate Personality Rights and Duties — Definition of
Right — Classification of Rights and Duties — Absolute and Relative Rights and
Duties — Rights and Cognate concepts like Liberty, Power, Immunity, Privilege
etc.
Unit-IV:
Obligation
— Nature of Obligation — Obligation arising out of Contract, Quasi Contract,
trust and breach of obligation etc. — Liability — Nature and kinds of liability
— Acts — Men’s Rea —Intention and Motive — Relevance of Motive — Negligence
— Strict Liability — Accident — Vicarious Liability — measure of
Civil
and Criminal Liability.
Unit-V:
Ownership
— Definition and kinds of Ownership - Possession — Elements of Possession
– Relation between Ownership and Possession — Possessory Remedies
— Property — Meaning — Kinds of Property — Modes of Acquisition of
Property — Legal Sanctions - Meaning of Sanction — Classification of Sanctions
— Civil and Criminal Justice — Concept of Justice — Theories
regarding
purpose of Criminal Justice — Deterrent, Preventive, Reformative and Retributive
theories.
Suggested Readings:
1.
Salmond: Jurisprudence, Universal Publishers.
2.
Paton : Jurisprudence
3.
Allen : Law in the Making, Universal Publishers.
4.
Mahajan V.D.: Legal Theory and Jurisprudence, Eastern Book Company,
Lucknow,
5.
Dias : Jurisprudence, Aditya Books.
6.
Rama Jois, Legal and Constitutional History of India, Universal Law
Publications,
Delhi.
7.
G.C.V. Subba Rao, Jurisprudence and Legal Theory, Eastern Book Company.
PAPER-II:
LAW OF PROPERTY
Unit-I:
Meaning and
concept of property — Kinds of property — Transfer of property —
Transferable and non-transferable property — Who can transfer — Operation of
transfer — Mode of transfer — Conditional transfer —Void and unlawful conditions
— Condition precedent and condition subsequent — Vested and contingent
interest — Transfer to unborn persons
Unit-II:
Doctrine
of Election — Covenants — Transfer by ostensible owner — Doctrine of
Feeding the Grant by Estoppels — Doctrine of Lis Pen dens — Fraudulent Transfer
— Doctrine of Part-performance.
Unit-III:
Sale-
Essential features — Mode of Sale — Rights and liabilities of parties. Mortgage
- Kinds of Mortgages - Rights and liabilities of mortgagor and mortgagee —Marshalling
and Contribution —Charges.
Unit-IV:
Lease
— Essential features — Kinds of leases — Rights and liabilities of lesser and lessee
— Termination of lease — forfeiture — Exchange — Gifts — Different types
of gifts — Registration of Gifts — Transfer of Actionable Claims.
Unit-V:
Easements
— Definition of easement — Distinction between Lease and License —
Dominant and Servant Tenements. Acquisition of property through testamentary
succession — Will — Codicil — Capacity to execute Will — Nature of
bequests — Executors of Will — Rights and Obligations of Legatees.
Suggested Readings:
1.
Mulla : Transfer of Property, Butterworth’s Publications.
2.
Subba Rao GCV: Commentaries on the Transfer of Property Act.
3.
Krishna Menon: Law of Property.
4.
Upadhyaya's Common Matrix of Transfer of Property.
5.
Avatar Singh, Textbook on The Transfer of Property Act, Universal Law
Publishing
Company.
PAPER-III:
ADMINISTRATIVE LAW
Unit-I:
Nature
and scope of Administrative Law — Meaning, Definition and Evolution of Administrative
Law— Reasons for the growth of Administrative Law — Relationship
between Administrative Law and Constitutional Law.
Unit-II:
Basic
concepts of Administrative Law — Rule of Law — Interpretation of Dicey's
Principle of Rule of Law — Modern trends - Theory of Separation of Powers
— Position in India, UK and USA
Unit-III:
Classification
of Administrative functions — Legislative, Quasi-judicial, Administrative
and Ministerial functions — Delegated Legislation — Meaning, Reasons
for the growth and Classification of delegated legislation— Judicial and Legislative
Control of Delegated litigation.
Unit-IV:
Judicial
Control of Administrative Action - Grounds of Judicial Control —Principles
of Natural Justice — Administrative discretion and its control - Wednesbury Principle (Doctrine of Proportionality) –
Doctrine of Legitimate Expectation.
Unit-V:
Remedies
available against the State — Writs — Lokpal and Lokayukta —Right to Information-
Liability of the State in Torts and Contracts — Rule of Promissory Estoppels
—Administrative Tribunals - Commissions of Inquiry — Public Corporations.
Suggested Readings:
1.
Griffith and Street: Principles of Administrative Law.
2.
H.W.R.Wade: Administrative Law, Oxford Publications, London.
3.
De Smith: Judicial Review of Administrative Action, Sweet and Maxwell.
4.
S.P. Sathe: Administrative Law, Butterworths.
5.
I.P.Massey: Administrative Law, Eastern Book Company.
PAPER-IV:
COMPANY LAW
Unit- I:
Corporate
Personality - General Principles of Company Law - Nature and Definition
of Company - Private Company and Public Company - Characteristics of
a Company - Different kinds of Company - Registration & Incorporation of Company
- Lifting the Corporate Veil – Company distinguished from Partnership ,
HUF
and LLP--Position under the Companies Acts of 1956 and 2013
Unit – II:
Promoters
- Memorandum of Association - Doctrine of Ultravires - Articles of Association
- Doctrine of Indoor Management - Prospectus - Civil and Criminal liability
for misstatement in prospectus - Statement in lieu of Prospectus -
Preincorporation
Contracts
- Membership in a Company - Borrowing Powers –
Debentures
& Charges-Position under the Companies Acts of 1956 and 2013
Unit- III:
Shares
& Stock - Kinds of shares - Statutory restrictions on allotment of shares - Intermediaries
– Call on shares for future of shares- Transfer of shares – Transmission
of shares – Reduction on transfer of shares - Rectification of register on
transfer - Certification and issue of certificate of transfer of shares -
Limitation
of
time for issue of certificates - Object and effect of share certificate-Position
under the Companies Acts of 1956 and 2013
Unit – IV:
Directors
– Different kinds of Directors - Appointment, position , qualifications and
disqualifications- powers of Directors - Rights and Duties of Directors - Meetings
and proceedings - kinds of meetings - Statutory meeting- Statutory report
- Annual General Meeting - Extraordinary meeting - Power of the Tribunal
to order meeting - class meetings - Requisites for a valid meeting -
Chairman
for meetings - Duties of Chairman - Proxy - Resolutions – Minutes-Shareholders
Activism-Corporate Social Responsibility-Position under the Companies
Acts of 1956 and 2013
Unit – V:
Accounts
and Audit - Inspection and Investigation - Compromises,
Reconstruction
and Amalgamation - Majority rule and Rights of minority share holders
- Prevention of oppression and mismanagement - Revival and rehabilitation
of sick industrial companies - Mergers, Amalgamation and Takeover
-
Dissolution of a company – Winding up of companies-Modes of winding up of companies
– consequences of winding up - The insolvency and Bankruptcy Code, 2016 in relation to winding up of companies –Authorities under
the Act- Department of Company
Affairs - NCLAT, NCLT, Company Law Board, Regional Directors,
ROC,
Public Trustee or Advisory Committee & SFIO -Their powers and functions-
– Jurisdiction
of Courts - The impact of the Companies Act, 2013.
Suggested Readings:
1.
Shah : Lectures on Company Law, N.M.Tripati, Bombay.
2.
Avtar Sing : Company Law, Eastern Book Company.
3.
Charlesworth: Company Law, Sweet and Maxwell.
4.
Ramaiah: Company Law, Wadhwa & Co.
5.
Dutta: Company Law, Eastern Law House, Calcutta.
6.
The Companies Act, 2013.
7. Executive
Programme Study Material on Company Law, The Institute of
Company
Secretaries of India, New Delhi available atwww.icsi.edu.
PAPER-V:
LABOUR LAW –I
Unit-I:
Concept of Labour through the ages - Trade Unions: History of Trade Union Movement
- The Trade Union Act 1926 – Definitions – Registration – Rights and Liabilities
of Registered Trade Unions – Immunities – Amalgamation and dissolution
of Unions – Reorganization of Trade Unions.
Unit-II:
Prevention
and Settlement of Industrial Disputes in India - The role of State in Industrial
Relations – The Industrial Disputes Act 1947 - Definition of industry - Industrial
Dispute – Individual Dispute - workman- Lay off –Retrenchment - Closure
-Award - Strike– Lockout
Unit-III:
Authorities
under the ID Act – Works committee – Conciliation - Court of inquiry -
Labour Courts- Tribunal – Powers and functions of authorities - Voluntary Arbitration
- Provisions under Chapter V-A & V- B of the Act- Alteration of conditions
of service – Management rights of action during pendency of proceedings
– Recovery of money due from employer – Unfair labour practices - miscellaneous
provisions of the Act
Unit-IV:
Standing
Orders - Concept and Nature of Standing Orders – scope and coverage- Certification
process – its operation and binding effect – Modification and Temporary
application of Model Standing Orders – Interpretation and enforcement
of Standing Orders and provisions contained in the Industrial Employment
(Standing Orders) Act 1946.
Unit-V:
Disciplinary
Proceedings in Industries - Charge sheet – Explanation – Domestic enquiry
- Enquiry officer – Enquiry report – Punishment – Principles of Natural Justice.
Suggested Readings:
1.
Srivastava: Law of Trade Unions , Eastern Book Company, Lucknow
2.
.Goswami : Labour and Industrial Law, Central Law Agency.
3.
R.F. Rustomji : Law of Industrial Disputes : Asia Publishing House,
Mumbai
4.
S.N. Misra : Labour and Industrial Law, Central Law Agency, Allahabad.
5.
J.N. Malik : Trade Union Law
6.
Khan & Khan : Labour Law , Asia Law House, Hyderabad
7.
S.C. Srivastava : Industrial Relations and Labour Law, Vikas Publishing House.
8.
Nick Humphreys, Trade Union Law and Collective Employment Rights.
*****
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