LL.B. Syllabus- 2 Year

FAMILY LAW – II

(Muslim Law)

(Paper Code: K-3001)

The course shall comprise of the following :

(1) Introduction : Who is Muslim, Conversion, Apostasy.

(2) Sources of Muslim Law

(3) Schools of Muslim Law

(4) Marriage : Definition, Nature, Capacity, Classification and Legal
Effect of

Marriage.

(5) Dower, Will, Gifts, Wakf and Pre-emption.

(6) Dissolution of Marriage under Muslim Law : (Divorce) Talaq, Ila, Khula,

Mubarrat, Talaq-e-Tafweed, Lian, Faskh etc., Dissolution of

Muslim Marriage Act, 1939.

(7) Maintenance of Wives with special reference to Section 125 Cr.P.C.

(8) Shah Bano Case and the ensuing Legislation.

(9) Parentage and Legitimacy : Acknowledgement of Legitimacy. Brief Study

of Section 112 of the Evidence Act.

(10) Indian Succession Act, Part VII (Protection of Deceased, Section : 192
to

210), Part VIII (Prepresentative Title to Property of Deceased on
Succession,

Section : 211 to 216).

BOOKS RECOMMENDED

Ali Ameer, Principles of Mohammadan Law.

Fyzee, Outlines of Mohammedan Law.

Mahmood Tahir, Civil Marriage Law.

Mahmood Tahir, Muslim Law of India.

Mulla, Principles of Mohammadan Law.

Rashid Khalid, Muslim Law.

Wilson, Muslim Law.

Cental Acts : Dissolution of Muslim Marriage Act, 1939.

: Family Courts Act, 1984.

: Muslim Personal Law(Shariat) Application Act,1937.

: Muslim Women (Protection of Rights on Divorce) Act, 1986.

: The Special Marriage Act, 1954.

PUBLIC INTERNATIONAL LAW

(Paper Code : K-3002)

The course shall comprise of the following :

(1) Theoretical Foundation of International Law:

(a) Definition,

(b) Nature and Scope

(2) Sources of International Law:

(a) Custom,

(b) International Conventions,

(c) General Principles of Law,

(d) Judicial Decisions and Juristic Works

(3) Relation between International Law and Municipal Law:

(a) Theories of Relationship,

(b) Indian and British Practices

(4) State : State Sovereignty, State Territories and Jurisdiction,
Recognition,

Succession, Intervention, Nationality, Diplomatic Agents, Extradition

and Asylum.

(5) Laws of War : War Crimes and Crime against Peace, Settlement of

International Disputes – Pacific and Coercive, Hijacking Narcotics,

Treatment of Aliens, Enemy Character, Contraband, Blockade, State

Jurisdiction on Terrorism.

(6) Law of the Sea: Maritime Belt, Contiguous Zone, EEZ, Continental

Shelf Jurisdiction.

BOOKS RECOMMENDED

Aggarwal, H.O., Public International Law and Human Rights.

Greig, D.W., International Law.

Harris, D.J., Cases and Material on International Law.

ADMINISTRATIVE LAW

(Paper Code : K-3003)

The course shall comprise of the following :

(1) Evolution of Administrative Law, Definition and its Scope.

(2) Rule of Law.

(3) Separation of Powers

(4) Delegated Legislation :

(a) Necessity of Delegated Legislation

(b) Constitutionality of Delegated Legislation

(c) Control Over Delegated Legislation

i. Judicial Control,

ii. Parliamentary Control,

iii. Procedural Control.

(5) Principles of Natural Justice :

(a) Nemo judex in sua causa (Rule Against Bias),

(b) Audi alteram partem,

(c) Reasoned decision,

(d) Doctrine of Legitimate Expectation.

(6) Writs with Special Reference to :

(a) Writ of Habeas Corpus

(b) Writ of Prohobition

(a) Writ of Certiorari

(b) Writ of Mandamus

(c) Writ of Quo-Warranto

(7) Public Interest Litigation.

(8) Ombudsman (Lokpal) in India & Lokayukta in State of U.P.,

(9) Administrative Tribunals – With Special Reference to Central
Administrative Tribunals.

BOOKS RECOMMENDED

Basu D.D., Comparative Administrative Law.

Jain M.P. & Jain S.N., Principles of Adminstrative Law.

Joshi K.C., Administrative Law.

Massey I.P., Administrative Law.

S.P.Sathe, Administrative Law.

Takwani C.K., Lectures on Administrative Law.

Thakkar C.K., Administrative Law.

Wade H.P.W., Principles of Administrative Law.

LAW OF PROPERTY AND EASEMENT

(Paper Code: K-3004)

The course shall comprise of the following :

(1) General Principles of the Law of Transfer of Property, Kinds of
Property, Ownership.

(2) Sale of Immoveable Property : Definition and Mode of Sale and Exchange
(Sections 54 and 118).

(3) Mortgages : Definitions: Mortgage, Mortgagor, Mortgagee, Mortgage

Money, Mortgage Deed (Section 58), Charge (Section 100), Kinds of Mortgage
(Section 58), Mode of Formalities for Creation of Mortgage (Section 59)

Right to Redeem, Partial Redemption, Clog on Redemption, (Section 60),
Marshalling and Contribution (Sections 81 and 82), Subrogation (Sections 91
and 92).

(4) Leases of Immoveable Property : Definition of Lease (Section 105) and

License, Leases How Made (Section 107), Determination of Lease (Section
111), Effect of Holding Over (Section 116).

(5) Gift : Definition of Gift (Section 122), Transfer how Effected (Section
123), Onerous Gift (Section 127), Universal Donnie (Section 128).

(6) Easements : Definition, Acquisition and Kinds of Easements (Sections 4
to 18).

BOOKS RECOMMENDED

Diwan Paras, Transfer of Property.

Lahri S.M., Transfer of Property.

Mulla D.F., Transfer of Property Act .

Shah S.M., Lecturers of Transfer of Property.

Shukla S.N., Transfer of Property.

Shukla V.N., Transfer of Property.

Sinha S.N., Transfer of Property.

Tripathi G.P., Transfer of Property

PROFESSIONAL ETHICS, ACCOUNTABILITY OF LAWYERS AND BAR BENCH RELATION

(Practical Training)

(Paper Code: K-3005)

This course will be taught in association with the practicing Lawyers /
retired Judges / retired Law Teachers. This paper will carry Maximum 100
Marks. The written examination on this paper (Theory Paper) will be in
descriptive form and of three (03) hours duration and will carry 50 Marks.
The written examination (Theory Paper) shall be held by way of paper with
the other theory papers. The Practical / Viva-voce Examination will carry
50 Marks. The students will be given Assignment by the subject teacher.
Students will record answer to all the Assignment by preparing a Project
File. The Project File will carry 30 Marks. The Project File will be
evaluated by the Board of Examiners at the time of Practical / Viva-voce
examination. The Viva-voce will carry 20 Marks.

The course shall comprise of the following :

(1) Historical Perspective and Regulation of Legal Profession.

(2) Admission, Enrolment and Rights of Advocate, Bar Councils.

(3) Nature and Characteristics of :

(a) Ethics of Legal Profession,

(b) Legal Profession

(4) Contempt of Court :

(a) Civil Contempt

(b) Criminal Contempt

(c) Punishment for Contempt

(d) Defences Against Contempt.

(e) Constitutional Validity of Contempt Law.

(f) Contempt by Lawyers, Judges, State, and Corporate Bodies

(4) Strike by the Lawyers

(5) Extent of Professionalization of Legal Profession

(a) Code of Ethics for Lawyers

(b) Professional Misconduct and its Control

(c) Bar-Bench Relations

(d) Accountability of Lawyers towards Court, Clients and Society

(e) Role of Law and Legal Profession in Social Transformation

BOOKS RECOMMENDED

Gupta S.P., Professional Ethics, Accountancy for Lawyers & Bench Bar
Relations.

Rai Kailash, Professional Ethics, Accountancy for Lawyers & Bench Bar
Relations.

Sirohi (Dr.), Professional Ethics, Accountancy for Lawyers & Bench Bar
Relations.

COMPANY LAW

(Paper Code : K-4001)

The course shall comprise of the following :

I. Formation of Companies :

(1) History of Company Legislation in India

(2) Meaning and Nature of Company with Emphasis on its Advantages and
Disadvantages over Other Forms of Business Organisations.

(3) Kinds of Companies

(4) Corporate Personality and Lifting the Corporate Veil

(5) Promotion of Companies :

(a) Promoters and Pre-Incorporation Contracts

(b) Registration of Companies

(6) Memorandum of Association and Articles of Association :

(a) Meaning, Nature and Contents and Relationship Between the two

(b) Objects Clause and Doctrine of Ultra-vires

(7) Prospectus and Statement in Lieu of Prospectus

(8) Membership of Company – Its Acquisition and Termination.

II. Corporate Capital :

(1) Share and Share Capital : Meaning, Nature and Kinds; Various Rights and
Duties Attached to these Shares.

(2) Issuance and Allotment of Shares

(3) Alteration of Share Capital :

(a) Increase in Share Capital

(b) Reduction of Share Capital

(c) Pre-Emptive Rights and Variation of Class Rights

III. Company Management and Administration :

(1) Company and its Various Organs Including Division of Powers between
Board of Directors and Company in General Meeting.

(2) Company Meetings and Resolutions : Types / Kinds of Meetings, Essential
Conditions of a Valid Meeting, Procedure for Calling Company Meetings,
Resolution Kinds and Procedures Relating Thereto.

(3) Directors and Managing Director : Appointment and Legal Position.

(4) Oppression and Mismanagement

(5) Investigation into the Affairs of Companies

(6) Reconstruction and Amalgamation

(7) National Company Law Tribunal : Composition and Powers

IV. Winding up of Company : Modes of Winding Up, Compulsory Winding Up –
Conditions and Positions, Voluntary Winding Up : Kinds and Distinctions,
Officials Liquidator and Liquidator : Appointment and Powers.

BOOKS RECOMMENDED

Majumdar A.K., Company Law and Practice.

Kapoor G.K. (Dr.) & Gower L.C.B., Principles of Modern Company Law.

Singh Avtar (Dr.), Indian Company Law.

Ramayya A., A Guide to Companies Act.

Rai Kailash, Principles of Company Law.

Dhingra L.C. (Dr.), Principles of Company Law

Tripathi S.C. (Dr.), Modern Company Law.

LABOUR AND INDUSTRIAL LAW

(Paper Code : K- 4002)

The course shall comprise of the following :

I. Evolution of Industrial Legislation in India.

II. Industrial Disputes Act, 1947.

(a) Scope and Object, Main Features, Important Definitions

(b) Industry

(c) Industrial Dispute and Individual Dispute

(d) Workman and Employee

(e) Reference of Disputes

(f) Voluntary Arbitration (Section 10 A)

(g) Award

(h) Authorities under the Act.

(i) Procedures, Powers and Duties of Authorities

(j) Strike

(k) Lock- out

(l) Retrenchment

(m) Lay-off

(n) Transfer and Closure

(o) Regulation of Managements Prerogative During Pendency of Proceedings

III. Trade Unions Act, 1926

(a) Growth of Unions

(b) Important Definitions

(c) Registration of Trade Unions

(d) Rights and Liabilities of Registered Trade Unions

(e) Collective Bargaining.

BOOKS RECOMMENDED

Bangri P.R., Law of Industrial Disputes.

Dhingra L.C., Law on Industrial Adjudication in India.

Kothari G.M. (Dr.), A Study of Industrial Law.

Malhotra O.P., Law of Industrial Disputes (Volume-I).

Mishra S.N., Labour and Industrial Law.

Puri S.K., Labour and Industrial Law.

Srivastav K.D., Law relating to Trade Unions Indian Act .

ENVIRONMENTAL LAW

(Paper Code: K-4003)

The course shall comprise of the following :

(1) General Background

(a) Problems of Environmental Pollution and Protection

(b) History of Indian Environmental Laws

(c) Importance and Scope of Environmental Laws

(2) Constitutional Aspects : (a) Distribution of Legislative Power, (b)
Directive Principles of State Policy (c) Fundamental Duties, (d)
Fundamental Rights.

(3) Select Legal Controls – The Water (Prevention and Control of Pollution)
Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981. (a)
Salient Features of the Acts, (b) Definitions (c) Authorities –
Composition, Power and Function, (d) Mechanism to Control the Pollution,(e)
Sanctions

(4) Environment (Protection) Act, 1986 : Definition of ‘Environment’,
Salient Features of the Act, Authorities – Composition, Powers, Functions,
Mechanism to Control Environmental Pollution, Sanctions.

(5) Control of Noise Pollution : Legal Control, Judicial Control.

(6) Emerging Principles : Historical Background and Judicial Approach in
India (1) Polluter Pays Principle, (2) Precautionary Principle, (3) Public
Trust Doctrine, (4) Sustainable Development

(7) Environmental Dispute and Grievance Settlement Mechanism :National
Environment Tribunal Act,

1995-Powers, Functions and Jurisdiction of the National Environment
Tribunal; National

Environment Appellate Authority Act, 1997- Powers, Functions and
Jurisdiction of the National

Environment Appellate Authority.

BOOKS RECOMMENDED

Diwan Paras, Environment Administration, Law and Judicial Attitude.

Jaswal P.S., Environmental Law.

Kumar Naresh : Air Pollution and Environment Protection.

Pal Chandra, Environmental Pollution & Development.

Singh Gurdip, Environmentl Law.

Central Legislations :

The AIR (Prevention and Control of Pollution) Act, 1981.

The Environment (Protection) Act, 1986

The National Environment Tribunals Act, 1995.

The Public Liability Insurance Act, 1991

The Water (Prevention and control of Pollution) Act, 1974

CRIMINOLOGY AND PENOLOGY

(Optional Paper)

(Paper Code : K-4004)

The course shall comprise of the following :

(A) CRIMINOLOGY

Definition, Nature, Scope and Importance of Criminology; Methods of
Criminological Studies; Schools of Criminology; Future Directions in
Criminology with Special Reference to Peacemaking Criminology, Postmodern
Criminology and Feminist Criminology; Cause of Crime; Juvenile Delinquency
– Causes, Prevention and Treatment.

(B) PENOLOGY

Concept of Punishment; Relationship Between Criminology and Penology; Forms
of Punishment – From Ancient to Modern; Theories of Punishment; Capital
Punishment; Police and its Role in Crime Prevention; Concept of Treatment
with Special Reference to Prison, Probation and Parole; New Dimensions of
Penology – Compensation to the Victims of Crime; Victimology.

BOOKS RECOMMENDED

Sutherland E. and Cressy, Principles of Criminology.

James Teary, Introduction of Criminology.

Sethna S.M., Society and Criminology.

Pannanan M., Criminology and Penology.

Siddique Ahmad, Criminology: Problems and Perspectives.

Paranjape N.V. , Criminology and Penology.

Sirohi J.P., Criminology and Criminal Administration

LAW OF TRUST, EQUITY AND FIDUCIARY RELATION

(Optional Paper)

(Paper Code : K-4005 )

The course shall comprise of the following :

History, nature and principles of Equity-Emergence of law of trust from
Equity— The making of Indian Law of Trust and provisions of law of
Trust-Religious Trusts-Principles of Equity and Equitable Remedies,
Equitable Relief in different branches of law with special reference to
property law.

(1) Equity

(a) Nature of Equity, (b) History of Courts of Equity, (c) Relations of law
of Equity, (d) The maxims of equity, (e) Different Equitable remedies.

(2) Trust & Fiduciary Relations :

(a) Essentials of Trust

(b) Fiduciary Relationship— Concept, kinds vis-a-vis Trusteeship

(c) Trust and contract, Power, condition, charge and personal obligations—
distinguished

(d) Classification of Trust and its importance

(e) Private Trusts

(f) Public Trusts

(g) Appointments, Retirement and removal of Trustee

(h) Rights, Power, Discretion and control of Trustees

(i) Duties of trustee in relation to :

(i) Trust property; and (ii) Beneficiary

(j) The Administration of Trust

(k) Liability for Breach of Trust

(l) Rights and Remedies of the Beneficiary

(m) Constructive Trusts.

BOOKS RECOMMENDED

Ahmad Aquil, Equity, Trusts and Specific Relief.

Desai S.T., Equity, Trusts and Specific Relief.

Hansbury & Mousley, Modern Equity.

Jhabwala N.H, Elements of Equity, Trusts and Specific Relief.

Rao GCV Subha, Equity, Trust and Fiduciary Relation.

Singh G.P., Principles of Equity.

Snell, Principles of Equity.

Tondon M.P., Principles of Equity and Trusts.

BANKING LAW INCLUDING NEGOTIABLE INSTRUMENT ACT

(Optional Paper)

( Paper Code : K-4006 )

The course shall comprise of the following :

(1) Nature and Development of Banking

(2) Relationship of Banker and Customer:

(a) Banks, Banking Business, Meaning of Customer, Types of Accounts, Banker
as Borrower

(b) Contract Between Banker and Customer – Their Rights and Duties

(c) Banker’s Lien

(d) Banking Instruments

(e) Banking Services.

(3) Laws Regulating the Business of Banking (Salient Features Only) :

(a) Banking Companies Act, 1949

(b) Reserve Bank of India Act, 1934

(c) Foreign Exchange Management Act, 1998

(4) Meaning and Kinds of Negotiable Instruments

(5) Indorsement, Negotiability and Assignability

(6) Holder and Holder in Due Course

(7) Rights and Liabilities of Paying and Collecting Banker

(8) Dishonour of Negotiable Instruments Including Criminal Liability of
Drawer and Protection of Collecting Banker.

BOOKS RECOMMENDED

Bangia R.K., Negotiable Instrument Act.

Bashyam & Adiga: The Negotiable Instrument Act.

Chorley Lord, Law of Banking.

Faizi O..P., The Negotiable Instrument Act.

Gupta S.N., Banks and the Customer Protection Law.

Gupta S.N.,The Banking Law and Practice in India.

Megrah Maurice & Ryder F.R., Pagets Law of Banking.

Parthasarathy M.P., Negotiable Instrument Act.

Singh Avtar (Dr.), Negotiable Instrument Act.

Tannen M.L., Banking Law and Practice in India.

ARBITRATION, CONCILIATION AND ALTERNATE DISPUTE RESOLUTION

(Practical Training)

(Paper Code : K-4007)

The Course will be taught partly through class room lectures including
simulating exercise and partly through extension programme like Lok-Adalat,
etc. The Course will be taught in association with practicing lawyers /
retired Judges / retired Law Teachers. The Class room instructions shall
include lessons on the concepts and practice of Arbitration, Conciliation
and Alternate Dispute Resolution. Students shall be required to maintain
the Diary of the Sessional Work for this paper in which they shall record
the written exercises assigned to them by the subject teacher during the
session and their observations about the field work / training work of Lok
Adalat etc. organized by the Law Department of the College / University and
attended by them. This Paper will carry Maximum 100 Marks. The Sessional
Diary will carry 40 Marks and will be evaluated by the Board of Examiners
at the time of Semester Practical / Viva-voce examination. Forty (40) Marks
are assigned for the legal field work assigned by his / her subject teacher
/ supervisor carried on by student during the Session. Such field work will
be evaluated by Board of Examiners. The marks earned by the students for
the legal field work during the Session will be conveyed to the Ch. Charan
Singh University, Meerut by Board of Examiners to be held at the time of
Practical / Viva-voce examination. The Viva-voce will carry 20 Marks.

Guidelines : It is advisable that the Law Department of the College /
University should organize field work in such a manner that all the
students get an opportunity to participate in field work so that each
candidate may be able to attend at least two such field assignments.

The course shall comprise the followings :

(1) Existing Justice Delivery System in India – Effectiveness and Menaces.

(2) Reforms in the Legal System for Achieving Effective and Speedy
Resolution of Disputes

– Public Interest Litigation

(3) Alternate Dispute Resolution System – Objectives, Meaning and
Advantages.

(4) Types of ADR System – Mini Trial, Mediation – Arbitration, Neutral Fact
Finding Expert, Early Neutral Evaluation, Court-annexed Arbitration,
Mediation and Hybrid Process, Judicial Settlement Conferences etc.,
Multi-Door Court House.

(5) Other Amicable Settlement Process – LOK ADALAT

(6) Arbitration Agreement, International Commercial Arbitration,
Composition and Jurisdiction of Arbitral Tribunals.

(7) Conduct of Arbitral Proceedings and its Termination and Making of
Arbitral Award

(8) Finality and Enforcement of Arbitral Award – Recourse Against Arbitral
Award, Enforcement of Foreign awards (New York Convention Awards and Geneva
Convention Awards).

(9) Conciliation – Commencement of Proceedings, Appointment and Role of
Conciliators, Submission of Statement to Conciliators, Settlement
Agreement, Termination, Cost and Deposits of Proceedings, Protection for
Conciliation Proceedings.

(10) Mediation – Meaning, Advantages, Techniques, Common Errors of
Mediation Advocacy.

BOOKS RECOMMENDED

Rao P.C., Alternative Dispute Resolution.

Basu N.D., Law of Arbitration and Conciliation.

Kwatra G.K., The Arbitration and Conciliation Law of India.

Bansal A.K., Law of International Commercial Arbitration.

Saraf B.P.& Jhunjhnuwala M., Arbitration and Conciliation.

Malhotra O.P., The Law and Practice of Arbitration and Conciliation

Shaffer Thomas L., Legal Interviewing and Counseling in Nutshell.

Binder David A. & Bergman Paul et al, Lawyers as Counselors.

Law Commission of India Report :

Law Commission of India Report on Grama Nyayalayas

Law Commission of India Report on Urban Litigation- Mediation