Syllabus of LLB. 3rd Year

CIVIL PROCEDURE CODE AND LIMITATION ACT

(Paper Code: K-5001)

The Course shall comprise of the following:

(1) Preliminary, Definitions, Suits of civil nature, Principles of
Res-judicata and Res-subjudice, Foreign judgement, place of suing.

(2) Parties to suit, Frame of suit, Pleading : Plaint, Written statement,
Set-off, Counter claim, Suits by indigent persons, Suits in particular
cases.

(3) Summons and Discovery, Issues of Summons, Appearance of parties,
Summoning and Attendance of witness, Execution of Decrees.

(4) Incidental proceedings : Commission, Letter of request, Supplemental
proceedings : Arrest and Attachment before judgement, Temporary injunction,
Interlocutory orders, Receiver appeals, References, Review, Revision,
Restitution, Caveat, Inherent powers of court.

(5) Limitation of suits, appeals and applications, Period of Limitation,
Continuous running of time, Effect of sufficient cause for not preferring
appeals or making applications within the period of limitation, Legal
disability, Computation of period of Limitation and Execution of time in
legal proceedings, Effect of Death, Fraud, Acknowledgement in writing,
Acquisition of ownership by possession.

BOOKS RECOMMENDED

Mulla, Code of Civil Procedure.

Takwani C.K., Civil Procedure.

Mathur D.N., The Code of Civil Procedure.

Jain J.D., Indian Limitation Act.

LAW OF CRIMES – II

(CODE OF CRIMINAL PROCEDURE, JUVENILE JUSTICE ACT AND PROBATION OF
OFFENDERS ACT)

(Paper Code : K-5002)

The course shall comprise of the following :

(1) Constitution of Criminal Courts and their Powers

(2) Arrest of Persons and the Rights of Arrested Persons : Meaning of
Arrest,

Powers of Police to Arrest, Bail.

(3) Information to the Police and their Powers to Investigate

(4) Cognizance of Offences by the Magistrate and Court of Sessions.

(5) Complaints to Magistrates and Commencement of Proceedings before
Magistrates.

(6) The Charges :

(a) Forms of Charges,

(b) Joinder of Charges

(7) Trials of the Cases :

(a) Sessions Trial,

(b) Warrant Trial

(i) Cases Instituted upon a Police Report

(ii) Cases Instituted Otherwise than on a Police Report

(iii) Conclusion of Trial

(c) Summons Trial by Magistrates,

(d) Summary Trial

(8) Juvenile Justice (Care & Protection of Children) Act, 2002;
Probation of

Offenders Act, 1958 along with Section 360 of Criminal Procedure Code.

BOOKS RECOMMENDED

Banerjee P.C., Criminal Trial and Investigation.

Kelkar R.V., Criminal Procedure Code.

Kelkar R.V., Lecturers on Criminal Procedure.

Lal Ratan & Lal Dhiraj, The Code of Criminal Procedure.

Mishra S.N., The Code of Criminal Procedure.

LAW OF EVIDENCE

(Paper Code: K-5003)

The course shall comprise of the following :

(1) Fact In-Issue; Relevant Facts; Document

(2) Evidence : Proved; Disproved; Not proved;

(3) May Presume, Shall Presume, and Conclusive Proof

(4) Circumstantial Evidence

(5) Relevancy and Admissibility; Res Gestae (Sections 6 to 13)

(6) Admission ; Confession (Sections 17 to 31)

(7) Dying Declaration (Section 32(1))

(8) Relevancy of Judgments (Sections 40 to 44)

(9) Opinion of Experts; Opinion of Third Persons (Sections 45 to 47)

(10) Conduct and Character of Parties (Sections 52 to55)

(11) Judicial Notice (Sections 56 to 57)

(12) Estoppel (Sections 115 to 116)

(13) Means of Proof : Oral Evidence; Documents – Public Document, Private
Document, Primary and Secondary Evidence; (Sections 59 to 65 and 74 to 78);
Exclusion of Oral by Documentary Evidence (Sections 91 to 92)

(14) Burden of Proof (Sections 101 to 106)

(15) Witnesses : Competency and Compellability of Witnesses; Examination of

Witnesses; Privileges : State Privilege and Private Privilege (Sec 118 to
155).

BOOKS RECOMMENDED

Lal Batuk, Law of Evidence.

Ratanal & Dhiraj Lal, The Law of Evidence.

Sarathi Vepa P, Law of Evidence.

Sarkar M.C. & Sarkar S.C., Law of Evidence in India.

Sarkar S. & Ejaz Ahmed, Law of Evidence.

Singh Avatar (Dr.), Law of Evidence

LAND LAWS INCLUDING CEILING AND OTHER LOCAL LAWS

(Paper Code: K-5004)

The course shall comprise of the following:

(1) U.P.Zamindari Abolition and Land Reforms Act, 1950

(1) The Political-socio and economic factors responsible for the Z.A. &
L.R.Act, 1950 and its objects.

(2) Definitions of (i) Agricultural Year (ii) Date of vesting (iii) Estate
(iv) Intermediary (v) Khud Kasht Land (vi) Sir.

(3) Acquisition of the interests of intermediaries and its consequences –
Sections 4-26, with emphasis on Sections 4-9.

(4) Mines and Minerals – Sections 106-112.

(5) Gaon Sabha – Power and Duties – Sections 117-128

(6) Tenure- (a) Classes of Tenure – Section 129

(i) Bhumidhar with transferable rights.

(ii) Bhumidhar with Non-transferable rights.

(iii) Asami.

(b) Their rights and liabilities;

(i) Use of land and improvements- Sections 142-146

(ii) Transfer – Sections 152-167.

(iii) Devolution – Sections 169-175.

(iv) Division – Sections 176-182.

(v) Surrender, Abandonment, extinction and acquisition Sections 183-198 A.

(vi) Ejectment – Sections 199-212 C

(7) Declaratory Suit – Sections 229-229 D.

(8) Land Revenue and Collection of Land Revenue- Sections 241-294.

(2). U.P. Land Revenue Act 1901

(1) Maintenance of Maps and Records – Sections 21-47

(2) Revision of Maps and Records – Sections 47-48

(3) Appeals, Reference, Revision, Review – Sections 210-220.

BOOKS RECOMMENDED

Maurya R.R., Uttar Pradesh Land Laws.

Singh Yatindra, The Uttar Pradesh Imposition of Ceiling of Land Holding
Act, 1960.

DRAFTING OF PLEADING AND CONVEYANCING

(Practical Training)

(Paper Code: K-5005)

This paper will carry Maximum 100 Marks which will be divided into Theory
Paper and Practical / Viva-voce examination carrying 50 Marks each. The
Theory paper will be conducted at the time of other Theory papers. This
course will be taught through class instructions and simulation exercises,
preferably with the assistance of practicing Lawyers / retired Judges.
Apart from teaching the relevant provisions of law, the course will include
10 written exercises in Drafting of Pleading carrying 20 Marks (2 Marks for
each exercise) and 10 written exercises in Conveyancing carrying 20 Marks
(2 Marks for each exercise). Each student will maintain a Sessional
Exercise Book for the purpose and write down all the exercise in Pleading
and Conveyancing during regular classes. It will be assessed by the Board
of Practical / Viva-voce Examiners. The Viva-voce will be of 10 Marks.

The course shall comprise the following :

I. Drafting :

General Principles of Drafting and Relevant Substantive Rules shall be
taught.

II. Pleadings :

(1) Civil

(a) Plaint

(b) Written Statement

(c) Interlocutory Application

(d) Original Petition

(e) Affidavit

(f) Execution Petition

(g) Memorandum of Appeal

(h) Memorandum of Revision

(i) Petition under Articles 226 and 32 of the Constitution of India.

(2) Criminal

(a) Complaints

(b) Criminal Miscellaneous Petition

(c) Bail Application

(d) Memorandum of Appeal and Revision.

III. Conveyancing : Essentials of Deed, Sale Deed, Mortgage Deed, Lease
Deed, Gift Deed,

Promissory Note, Power of Attorney, Will, Agreements.

BOOKS RECOMMENDED

Chaturvedi A.N., Pleadings, ConveyanciFng and Drafting and Legal
Professional Ethics.

Chaturvedi R.N., Pleading, Drafting and Conveyancing.

Moga P.C., The Law of Pleadings in India.

Singh B.P., Pleadings, Conveyancing and Drafting.

INTERPRETATION OF STATUTES

(Paper Code: K-6001)

The course shall comprise of the following:

(1) Introductory: Meaning, Purpose and Scope of Interpretation of Statutes;
Nature of Statutes and their Classification

(2) Internal Aids to Interpretation: Title; Preamble; Headings and Marginal
Notes.

(3) External Aids to Interpretation; Parliamentary History; Stare Decisis
(Judicial Precedents); Dictionaries.

(4) Rules of Statutory Interpretation: Primary (Basic) Rules; Secondary
(Subsidiary) Rules; Literal Rule; Golden Rule; Mischief Rule.

(5) Judicial Activism : Nature and Scope.

(6) Presumptions in Statutory Interpretation: Presumption as to
Jurisdiction; Presumption as to Prospective Operation of Statutes;
Presumption Against Violation of International Law.

(7) Maxims of Statutory Interpretation : Ejusdem Generis; Expressio Unius
Est Exuclusio Alterius; Ut Res Magis Valeat Quam Paraeat, Noscitur a
sociis, Raddendo singular singulis.

(8) Interpretation with Reference to the Subject Matter and Purpose of
Statutes : Penal Statutes; Taxing Statutes, Welfare Legislation,
Prospective and Retrospective Operation.

(9) Principles of Constitutional Interpretation: Harmonious Construction;

Doctrine of Pith and Substance; Doctrine of Colourable Legislation;

Occupied Field; Repugnancy.

BOOKS RECOMMENDED

Langan P.St., Maxwell on the Interpretation of Statutes.

Mathur D.N., Interpretation of Statutes.

Miers David R., Sweet & Maxwell (Interpretation of Statute).

Sarathi V.P., Interpretation of Statutes.

Singh Avtar (Dr.), Interpretation of Statutes.

Singh G.P., Principles of Statutory Interpretation.

Srivastva R.D., Interpretation of Statutes and Legislation.

LEGAL LANGUAGE AND LEGAL WRITING INCLUDING PROFICIENCY IN GENERAL ENGLISH

(Paper Code: K-6002)

The course shall comprise of the following :

1. Need and Importance of Legal Language

2. Proficiency in General English

(a) Parts and Types of Sentences

(b) Parts of Speech – A Brief Introduction

(c) Tenses: Forms and Use

(d) Active and Passive Voice

(e) Direct and Indirect (or Reported) Speech

(f) Some Common Mistakes in English

3. Legal Terminology

4. Writing of Case Comment

(a) Understanding physical structure of a case reported in a Legal journals
such as

A.I.R., S.C.C., Scale, J.T. etc.

(b) General introduction of doctrine of precedent

(i) Precedent as source of Law (Ratio Decidendi and Obiter dictum).

(ii) Circumstances which destroy or weaken the binding force of precedent

(iii) Circumstances which increases the authority of a precedent.

(c) Method of writing a case comment

5. System for Citing Documents in Written Work

(a) Various systems of citation

(Numeric System, Harvard System, Harvard Law Review Association System and

Indian Practice)

(b) First Footnote References

(Books, Journal, Electronic sources etc.)

(c) Subsequent Footnote References and other Terms used in the Footnotes.

Following Terms shall be explained:

Ibidem/Idem, Supra, Infra, Et.seq., Op.cit., Loc. cit., Cf., See, See also,

See generally, But see, contra, In re etc.

(d) Preparation of Bibliography

(e) Abbreviations

(i) Common abbreviations used in footnotes and general legal writings

(ii) Abbreviation used for Indian and foreign legal periodicals

6. Standard Markings in Proofreading

(a) –Use and importance of Standard Markings

(b) – Marginal Marks and their explanations

7. Essay Writing on Topics of Legal Interest in English

8. Letter Writing in English

BOOKS RECOMMENDED

Abidi Ishtiaque, Law and Language.

Sharma K.S. (Dr.), Legal Language, Legal Writing and English Usage.

Hindi English Legal Glosary, Vidhi Sahitya Prakashan, Ministry of Law, New
Delhi.

LAW OF HUMAN RIGHTS

(Paper Code: K-6003)

The course shall comprise of the following:

(1) Meaning and Definition of Human Rights, Concept of Human Rights.

(2) Human Rights and the United Nations.

(a) Charter Provisions.

(b) International Protection of Human Rights.

(3) Universal Declaration of Human Rights

(4) Generations of Human Rights (Three Generations) :

(a) International Covenant on Civil and Political Rights and Two Protocols

(b) International Covenant on Economic, Social and Cultural Rights

(c) Collective Rights

(5) European Convention on Human Rights and Fundamental Freedoms

(6) American Convention on Human Rights

(7) National Human Rights Institutions with Special reference to National
Human Rights Commission (NHRC) and National Commission for Women (NCW).

(8) Inclusion of Human Rights Jurisprudence under the Constitution of India

Through Judicial Interpretation

BOOKS RECOMMENDED

Agrawal H.O.,Human Rights.

Basu D.D., Human Rights in Constitutional Law.

INTELLECTUAL PROPERTY LAW

(Optional Paper)

(Paper Code: K-6004)

The course shall comprise of the following:

(1) Concept of Property vis-a-vis Intellectual Property : Concept of
Property and Theories of Property – An Overview, Theories of Intellectual
Property Rights, Social and Economic Development and Role of Intellectual
Property System, Need for Protecting Intellectual Property – Policy
Consideration – National Perspectives and International Demands, Types of
Intellectual Property – Origin and Development – an Overview, Intellectual
Property Rights as Human Right.

(2) Role of International Institutions: World Intellectual Property
Organisation (WIPO), Function of WIPO, Membership of WIPO, Agreement
between the WIPO and the WTO, Dispute Settlement – New Treaties.

(3) Copyright – National Perspective: Copyright: What and Why?, Term of
Copyright, Assignments and Licensing, Registration and Regulatory
Authority, Procedure, Infringements and Remedies – Contractual, Civil,
Criminal and Administrative, An Overview of International Perspective

(4) Trademarks : Need and Emergence of Trade Marks Law, The Register and
Conditions for Registration, Procedure for and Duration of Registration,
Effect of Registration, Passing-Off and Infringement of Trade Mark,
Assignment and Transmission, Use of Trade Marks and Registered Users,
Rectification, Correction of the Register and Certification of Trademarks,
Appellate Board, Offences, Penalties and Procedure

(5) Patent : Meaning of Patent – Inventions – Concept of Novelty, Inventive
Step and Utility – Inventions not Patentable – Process and Product, Patents
– TRIPS Agreement (Article 27) Implications to Indian Patent System,
Acquisition of Patent, Rights of Patentees and Others – Term, Exclusive
Marketing Right, Surrender, Licence, Revocation, Functionaries Under the
Patent Act, Infringement of Patents and Remedies

BOOKS RECOMMENDED

Narayanan P., Law of Copy Right and Industrial Designs.

Narayanan P., Intellectual Property Law.

Copinger, Law of Copy Right.

Iyenger, Law of Copy Right.

Narayanan P., Patent Law.

Faizan Mustafa (Dr.), Copy Right Law (A Comparative Study).

INFORMATION TECHNOLOGY AND CYBER LAW

(Optional Paper)

( Paper Code : K-6005 )

The course shall comprise of the following :

(A) Introduction

1. Basic Concept Of Technology And Law : Understanding The Technology,
Scope Of Cyber Laws, Cyber Jurisprudence

2. Understanding Electronic Contracts : The Indian Law Of Contract, Types
Of Electronic Contracts, Construction Of Electronic Contracts

(B) IPR In Cyber Space

1. Copyright In Information Technology: Copyright In Internet, Software
Piracy, Multimedia And Copyright Issues.

2. Patents : Indian Position On Computer Related Patents, International
Context Of Patents.

3. Trademarks: Trade Mark Law In India, Infringement And Passing Off.

(C) Information Technology Act 2000 : Digital Signature, E-Governance,
Regulation Of Certifying Authorities, Duties Of Subscribers, Penalties And
Adjudication, Offences Under The Act, Making Of Rules And Regulation.

(D) Cyber Crimes

1. Understanding Cyber Crimes: Crime In Context Of Internet, Types Of

Crime In Internet

2. Indian Penal Law & Cyber Crimes: Fraud, Hacking, Mischief,

Tresspass, Defamation, Stalking, Spam

3. Issues Of Internet Governance: Freedom Of Expression In Internet,

Issues Of Censorship, Hate Speech, Sedition, Libel, Subversion, Privacy
Issues, International Position On Free Speech In Internet

Books Recommended

Gerold R.Ferresc, Cyber Law(Text & Cases)

Prof. S.R. Bhansali, Information Technology Act

Rodney D.Ryder, Guide To Cyber Law

PAPER – IV

LAW RELATING TO WOMEN AND CHILD

(Optional Paper)

(Paper Code: K-6006)

The course shall comprise of the following:

(A) Law Relating to Women:

(1) Legal Position of Women in Pre-Independence Period:

(a) Legal Position of Women in Ancient India,

(b) Legal Position of Women in Medieval India,

(c) Legal Position of Women in British India

(2) Women’s Right and Indian Constitution : Constitutional Provisions
Concerning Equality and Protection of Women in Chapters of Fundamental
Rights and Directive Principles.

(3) U.N. Convention on Elimination of Discrimination Against Women, 1979.

(4) U.N. Machinery for Advancement of Women’s Equality and Women’s Welfare.

(a) International Commission on Status of Women, (b) CEDAW

(5) Social Legislation for Women : Dowry Prohibition Act, 1961

(6) Dowry Crimes and I.P.C. 1860

(a) Cruelty Against Married Women (Section 498 A)

(b) Offence of Dowry Death (Section 304 B)

(7) Stree Dhan and Matrimonial Property

(8) Women’s Right to Control their Re-Productivity

(B) Law Relating to Child : Legal protection to child, Child and criminal
liability, State responsibility for the education of child, Family
relations and child, Legal control of child labour, Discrimination against
female child, child and contracted liability.

BOOKS RECOMMENDED

Jain S.N., Child And The Law.

Mukherjee Roma, Legal Status And Remedies For Women In India.

Saxena Shobha, Crime Against Women And Protective Laws.

LAW RELATING TO RIGHT TO INFORMATION

(Optional Paper)

(Paper Code : K-6007)

The course shall comprise of the following:

1. Meaning and Scope of Right to Information

2. Historical Background: Indian Perspective, Global Perspective

3. Media Access to Official Information

4. Right to Information and Human Rights Violations

5. Right to Information different from Right to Obtain Information

6. Basic Elements of Right to Information Law

7. Factors Restricting Free Flow of Information

8. The Right To Information Act, 2005: Preliminary (Section 1 to 2), The
Central

Information Commission (Section 12 to 14), Right to Information and
Obligations of Public

Authorities (Section 3 to 11), The State Information Commission (Section 15
to 17), Powers &

Function of the Information Commission, appeals & penalties (Section 18
to 20), Miscellaneous

(Section 21 to 31).

9. Judiciary On Right To Information:

(a). Free flow of Information for Public Record

(b). Right to information: Fundamental Right

(c). Disclosure of Information

(d). Right to Know

(e). Right to Acquire & Disseminate Information

(f). Direction on Voter’s Right to Information

(g). Right to Information and Community Participation

(h). Third Party Information

(i). Public Authority under Art. 12 of the Indian Constitution

BOOKS RECOMMENDED

Das P.K., The Right to Information Act.

Jain N.K., Right to Information Concept Law and Practice.

Khandelwal Dheera &. Khandelwal Krishana K., The Right to Information
Act, 2005.

Niraj Kumar Dr., Treatise on Right to Information Act, 2005.

MOOT COURT, PRE-TRIAL PREPARATIONS AND PARTICIPATION IN TRIAL PROCEEDINGS

(Practical Training)

(Paper Code: K-6008)

The course shall comprise of the following :

(A). Moot Court : The Maximum Marks to this Paper will be 100. Each student
will do at least Two Moot Courts in a Semester with 10 Marks each. The Moot
Court work will be on assigned problem and will be evaluated for 5 Marks
for written submissions (to be recorded in Sessional Diary) and 5 Marks for
Oral Advocacy.

Guidelines : For the purpose of Moot Court, groups will be formed of 8/10
students and cases involving several issues shall be assigned in Court
practice i.e. Operation of Courts and legal professionals on panel of the
College / University may be sought, especially in the matter of getting
copies of paper books of cases which have been decided by various Courts.

The Course shall emphasize points of Court craft and decorum. The male
students shall wear white pant – shirt and a Black Tie and female students
shall wear white dress with black scarf while addressing a Moot Court and
during their visits to the Court / Advocates chambers and other practical
training programmes.

Practice Moots shall be held as a routine in the class itself and the three
compulsory test Moots for examination shall be held after such practice
Moots near the end of semester term. Attendance at such practice Moot
Courts shall be counted. Each student shall be required to maintain a
regular record of his / her preparation for all the Moot Courts attended by
him / her in the Sessional Diary. The Sessional Diary will carry 15 Marks
(5 Marks for each Test Moot).

(B). Court Assignments : Observation of Trial in Four Cases i.e. Two Cases
in Civil and Two in Criminal. Each student will attend Four Trial Courts
during the Semester term. He / She will maintain record of his / her visits
in his / her Diary of Sessional Work and enter the various steps observed
during his / her attendance on different days in the Court assignment. This
Scheme will carry 25 Marks.

(c). Interviewing Techniques And Pre-Trial Preparation :

(i). Each student will observe for Interviewing Sessions of Clients at the
Lawyer’s Office / Lagal Aid Office and record the proceedings in the Diary
of Sessional Work, which will carry 10 Marks.

(ii). Each student will further observe the preparation of documents and
Court Papers by the Advocate and procedure for filing the Suit / Petition.
This will be recorded in Sessional Diary which will carry 10 Marks.

Guidelines : To make the training meaningful, students visits have to be
organized for a continuous period, sufficiently long to observe and
understand the process taking place in their proper context. Efforts should
be directed to acquaint the students in the different branches of legal
practice including Civil, Criminal, Revenue, and Labour Court Practice.
Besides the legal Professionals on the College / University Panel, the
students should regularly be supervised and helped by the subject teacher /
tutor. It is desirable that besides Advocates Chambers the students are
taken for academic Family Court / Revenue Court / Income Tax & Sales
Tax Offices and other venues where judicial administrative proceedings are
held. The Indian Law Institute, Parliament, Supreme Court, and High Courts,
Tribunals etc., may be visited to make the training academically
multifarious. This programme can be intellectually and professionally
challenging if properly organized and integrated with Curriculum.

(D). Viva-voce : The Fourth Component of this Paper will be Viva-voce
examination by the Board of Examiners on the above three aspects. This will
carry 10 Marks.

BOOKS RECOMMENDED

Rai Kailash (Dr.), Moot Court, Pre-Trial Preparations & Participation
in Trial Proceedings.

Awasthi S.K. (Prof.), Practical Training of Law, Moot Court &
Viva-Voce.