DEPARTMENT OF LAW BA. LLB. (Hons) SYLLABUS

I Semester LAW-UG-E101: English - I Topics Hours Unit I Tense and Concord 30 Basic Transformations: Positive and Negative Sentences Simple, Complex an...

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DEPARTMENT OF LAW BA. LLB. (Hons) SYLLABUS

I Semester LAW-UG-E101: English - I LAW-UG-E102: History - I LAW-UG-E103: Political Science - I LAW-UG-C104: Legal Methods LAW-UG-C105: Law of Torts – I

II Semester LAW-UG-E201: Sociology - I LAW-UG-E202: Political Science - II LAW-UG-E203: English - II LAW-UG-E204: History - II LAW-UG-C205: Law of Torts- II

III Semester LAW-UG-E301: Sociology - II LAW-UG-E302: Political Science - III LAW-UG-C303: Law of Contract LAW-UG-E304: Legal English LAW-UG-C305: Family Law – I

IV Semester LAW-UG-E401: Political Science – IV: Indian Constitution and Government LAW-UG-C402: History – III: Constitutional and Legal History LAW-UGC403: Special Contract LAW-UG-C404: Family Law - II LAW-UG-C405: Sociology – III: Industrial Society of India

V Semester LAW-UG-C501: Jurisprudence - I LAW-UG-C502: Constitutional Law - I LAW-UG-C503: Law of Crimes – I (I.P.C.) LAW-UG-C504: Interpretation of Statutes and Principles of Legislation LAW-UG-C505: Political Science – V: Public Administration

1

VI Semester LAW-UG-C601: Law of Evidence LAW-UG-C602: Law of Crimes – II (Criminal Procedure Code) LAW-UG-C603: Civil Procedure Code and Limitation Act LAW-UG-C604: Constitutional Law - II LAW-UG-C605: Political Science – VI: Political Thought

VII Semester LAW-UG-C701: Labour and Industrial Law -I LAW-UG-C702: Law and Medicine LAW-UG-C703: Property Law LAW-UG-C704: Administrative Law LAW-UG-C705: Human Rights Law

VIII Semester LAW-UG-E801: Environmental Studies LAW-UG-E802: Banking Law LAW-UG-C803: Company law LAW-UG-C804: Labour and Industrial Law - II LAW-UG-C805: Alternative Dispute Resolutions (Practical)

IX Semester LAW-UG-C901: Intellectual Property Law LAW-UG-C902: Principles of Taxation Law LAW-UG-C903: Insurance Laws LAW-UG-C904: International Trade Law LAW-UG-C905: Professional Ethics and Professional Accounting System (Practical) LAW-UG-C906: Environmental Law

X Semester LAW-UG-CX01: Gender Justice and Domestic Violence LAW-UG-CX02: Land Laws and Housing Laws of Sikkim LAW-UG-CX03: Public International Law LAW-UG-CX04: Eastern Himalayan Studies/Gender/Human Rights/Public Administration LAW-UG-CX05: Moot Court Exercise and Internship (Practical) LAW-UG-CX06: Drafting, Pleadings and Conveyancing (Practical)

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I Semester LAW-UG-E101: English - I

Unit I

II

Topics

Hours

Tense and Concord Basic Transformations: Positive and Negative Sentences Simple, Complex and Compound Sentences Change of Voice Change of Narration Question Tag and Short Responses Preposition and Determiners Some Common Errors in English Reading Comprehension and Writing Skill Reading Comprehension (Practice of Unseen Passages) Essay on Literal, Cultural and Legal Topics Formal and Informal Correspondence Précis Writing Report Writing: Status and Policy Reports Writing Proposals

30

30

Reading List: 1. Bolton, David and Noel Goodey (2005) English Grammar in Steps. New Delhi: Orient Blackswan. 2. Eastwood, John. (1999) Oxford Practice Grammar. New Delhi: Oxford University Press. 3. Hewings, Martin. (2007) Advanced Grammar in Use. New Delhi: Cambridge University Press. 4. Murphy, Raymond. (2000) Essential Grammar in Use. New Delhi. Cambridge University Press. 5. Quirk, Randolph and Greenbaum, (1985) A University Grammar of English. Essex: ELBS. 6. Swan, Michael and Walter, Catherine. (2006) The Good English Grammar Book. New Delhi: Oxford University Press. 7. Swan, Michael. (1997) Basic English Usage. Kolkata: Oxford University Press. 8. Ashley, A. (1995) The Oxford Handbook of Commercial Correspondence. New Delhi. Oxford University Press. 9. Folens, (1991) Core Skills in English: Grammar, Comprehension, Creative Writing. Folens Limited. 10. Seely, John. (1998) The Oxford Guide to Writing and Speaking. New Delhi: Oxford University Press.

3

LAW-UG-E102: History - I Unit I

Topics Ancient Indian History Ancient Indian Cultural Heritage, Social –Political-Philosophical and Legal Evolution of Political Structures. Ancient Law Village Republics

Hours 18

II

Delhi Sultanate The Advent of Delhi Sultanate Changes in the Sultanate Political Structures Local Societies, Clan Solidarities, Confederations and “Rajput” Revenue and District Administration Court System Mughal Period Emergence of Mughal Rule Changes in the Sultanate Political Structures Local Societies, Clan Solidarities, Confederations and “ Rajput” Revenue and District Administration Court System

20

III

22

Reading List: 1. Chattopadhyaya B. D. (1994) The Making of Early Medieval India. Delhi: Oxford University Press. 2. Jha, D.N. (1993) Economy and Society in Early India: Issues and Paradigms. Columbia, South Asia 3. Kosambi DD (1996) An Introduction to the Study of Indian History. Bombay: Popular Book Depot. 4. Sahu B.P. (1997) Land System and Rural Society in Early India. Delhi: Manohar Publication. 5. Sharma R.S. (1991) Aspects of Political Ideas and Institutions in Ancient India. Delhi: Manohar Publication. 6. Srivastava, Ashirbadi Lal. (1950) The Mughal Empire 1526-1803 A.D. Shiva Lal Agarwal and Co. 7. Srivastava Ashirbadi Lal (1950) The Sultanate of Delhi including the Arab Invasion of Sindh 711-1526 A.D. Shiva Lal Agarwala & Co.

LAW-UG-E103: Political Science I: Issues in Political Theory Unit I

Topics Hours Approaches to Political Analysis 10 Traditional Approach - Modern Approach - Post-Modern Approach - Behaviouralism - Post-Behaviouralism Systems Approach - Structural Functional Analysis 4

II

III

IV

V

VI

Marxist Approach Origin of State Theories of Origin of State - Divine Right Theory Patriarchal & Matriarchal Theories - Social Contract Theory - Evolutionary Theory - Evolution of Modern State and the Post-Modern State Elements of State State and Nation-State and Sovereignty, Is Sovereignty A Warning Concept? Characteristics of Sovereignty Classification of Sovereignty - Legal and Political Austin’s Theory of Sovereignty –Sovereignty and Constitutional Law - Sovereignty in International Law. Meaning, Nature and Scope of Law Sources of Law - Schools of Jurisprudence Classification of Laws - Law and Morality - Legality and Legitimacy Political Power Political Power and Political Authority - Max Weber Classification of Authority (Charismatic - Traditional Legal) Nature and Scope of Citizenship Global Citizenship - Methods of Acquiring and Losing Citizenship - Rights and Duties of Citizens Classification of Rights - Theories of Rights - Human Rights - Rights and Duties. Liberty, Equality and Justice Philosophical Foundations - Constitutional Protection and Limitations - Marxist View On Freedom - Liberalism Idealism - Individualism - Socialism - Fascism Imperialism - Marxism

10

10

10

10

10

Reading List: Vincent, Andrew. (1991) Theories of the State. John Wiley & Sons. Turner, Bryan S. (1986) Equality. Tavistock Publications. Held, David. (2006) Models of Democracy. Stanford University.

LAW-UG-C104: Legal Methods Unit I

II

Topics 1. Assignment Writing A). Structure B). Foot Noting 2. Research Methodology A). Using a Law Library B). Different Legislation and Law Legislative Process A). Legislative Process

Hours 15

30

5

III

B). Process of Law Making C). Reading of Statute D). Determining Ratio Legis Judicial Process 1. Nature of Judicial Process 2. Determining Ratio, Decidendi of a Case 3. Indian Legal System.

15

Reading List: 1. Allen, C.K. (1964) Law in the Making. Oxford: Clarendon Press. 2. Boyle and Capps. (2005) A Practical Guide to Lawyering Skills. Routledge-Cavendish. 3. Bradney and Cownie. (2001) How to Study Law. Ashgate Publishing Ltd. 4. Fuller, Lon. (1969) Anatomy of Law. New York: Mentor. 5. Gibaldi. (2006) MLA Handbook for Writers of Research Papers. Modern Language Association of America. 6. Holland and Webb. (1996) Learning Legal Rules. Julian Webb books. 7. Rylance, (1994) Legal Practice Handbook on Legal Writing and Drafting. London Blackstone Press. 8. Weeramantry, C.G. (1998) An Invitation to the Law? 9. Williams, Glanville. (1982) Learning the Law. Sweet & Maxwell.

LAW-UG-C105: Law of Torts -I Unit I II

III

Topics Definition, Nature and Scope of Torts General Principles of Torts Essentials of Torts - Act or Omission, mental element, damages (Injuria Sine Damno and Damnum Sine Injuria) distinction between tort, contract and criminal wrong Theory of Liability: causation, forcibility and direct consequences General exception to liability- Act of State, Judicial and Quasi Judicial Acts, Parental & Quasi Parental Act, Necessity, Inevitable Accident, Mistake, Leave & License, Act of God, Self Defence. Specific Torts Trespass to Person- Assault, Battery, False Imprisonment Negligence- Nervous Shock, Res-Ipsa-Loquitur, Contributory Negligence Trespass to Land and Chattel Deceit Malicious Prosecution Nuisance Defamation

6

Hours 5 25

30

Reading List: 1. Bangia, R. K. (2009) Law of Torts. Allahabad: Allahabad Law House. 2. Baxi, U. and A. Dhanda ((1994) Valiant Victims and Lethal Litigation. New Delhi: Oxford University Press. 3. Eradi, V. B. (2005) Consumer Protection Jurisprudence. Delhi: Lexis Nexis Butterworths. 4. Pillai, P. S. Achuthan (1985) Law of Tort. Lucknow: Eastern Book Company. 5. Ratanlal And Dhirajlal (2004) The Law of Torts. Nagpur: Wadhwa And Company Ltd. 6. Rogers, W V H, Percy Henry Winfield And J A Jolowicz (2006) Winfield and Jolowicz th on Tort (17 Edition). London: Sweet & Maxwell. 7. Salmond And Heuston. (1996) Law of Torts. Nagpur: Sweet & Maxwell. 8. Shukla M.N. (1980) Laws of Torts and Consumer Protection Act. Allahabad: Central Law Agency 9. Singh, Gurjeet.( 1986) Consumer Protection Act, 10. Verma, S. K. and M. Afzal Wani (2004) Treatise on Consumer Protection Laws. New Delhi: Indian Law Institute.

II Semester LAW-UG-E201: Sociology – I Unit I

II

III

IV

Topics Sociology and Law Definition, Nature and Scope of Sociology, Relationship between Law and Sociology A Sociological Concept Basic Concepts - (Definition, Functions, InterRelationships) Community, Institution, Association, Norms And Values, Status and Role, Culture, Socialization Social Stratification: Concepts; Theories (Marx & Weber); Types. Social Change: Concept; Types- (Evolution, Progress, Revolution, Transformation, Change in Structure, Change of Structure); Social Change in India; Factors of Social Change in India Marriage Definitions, Concept, Functions and Types Hindu Marriage: Features, Conditions, Changes in Marriage Systems. Muslim Marriage: Features, Dower, Various Forms of Marriages, and Talaq. Christian Marriage: Features, Conditions, Rituals. Family Definitions, Concept, Functions and Types; Changes - Structural and Functional; Factors of Changes 7

Hours 5

10

10

10

V

Social Control Law as Instrument of Social Control, Impact of Law in Society, Notions of Social Control, Distinctive Features of Law as a Means of Social Control, Imposition of Obligation to Obey the Law, Compliance, Education as Agencies of Social Control Varieties of Sanctions, Legal Administration as an aspect of Social Control, Control over Competing/Rival Ideologies and Belief Systems.

20

Reading List: 1. Ahuja, Ram. (2008) Social System in India. Jaipur: Rawat Publication. 2. Bhattacharaya, D.C. (2002) Sociology. Kolkata: Bijaya Publications. 3. Bhushan, Vidya and D.R. Sachdeva. (2007) Introduction to Sociology. New Delhi: Popular Prakashan. 4. Gilbert, P. (1973) Fundamentals of Sociology. Oxford University Press. 5. Haralambos, M. (1998) Sociology: Themes and Perspectives. Oxford University Press. 6. Jha, Makhan. (1994) An Introduction to Social Anthropology. New Delhi: Vikas Publishing House. 7. Oommen, T.K. and C. Venugopal. (1988) Sociology for Law Students. New Delhi: Eastern Book Company.

LAW-UG-E202: Political Science II (Law, State & Political Obligations) Unit I

II

III

IV

V

VI

Topics Introduction to Political Obligation Meaning, Nature and Scope of Political Obligation, Evolution of the Concept of Political Obligation - Contemporary Developments - Political Obligation and Right Political Obligation and Duty Theories of Political Obligation Voluntarism - Utilitarian Theory - Deontological Theory Anarchist Theory Political Obligation and Consent Nature and Extent of Consent - Political Obligation and Social Contract (Hobbes, Locke & Rousseau) - Types of Political Obligation Philosophical Foundations of Political Obligation T.H. Green on Political Obligation - Moral or Ethical Foundations of Political Obligation - Ancient Indian Ideas and Institutions on Political Obligation Dimensions of Political Obligations in a Modern State Political Obligation and Family - Political Obligation and Identity - Membership and Political Obligation Legal and Political Obligations 8

Hours 8

8

8

8

8

7

VII

Nature and Extent of the Authority in a State and Political Obligation - History and Theory of Justice - Joseph Raz Political Obligation and The Right to Dissent Legal and Moral Issues- Legal and Social Issues - Social and Political Issues - Right to Disobey the Law - D.H. Thoreau - Gandhian Principles - Edmund Burke.Political Obligation and Revolution - Role of State in balancing Political Obligations - Role of International Society in Political Obligation of a State.

8

Reading List: 1. Horton, John. (1992) Political Obligation. London: Macmillan Press. 2. Gilbert, Margaret. (2006) A Theory of Political Obligation; Membership, Commitment and the Bonds of Society. London: Clarendon Press. 3. Green, T. H. (1992) Lectures on Political Obligation. London: Cambridge University Press.

LAW-UG-E203: English II Unit I

II

Topics Evolution of English Language: Introduction to Language—Definition—Theories of the Origin of Language—The English Language and its Salient Features Foreign Elements/ Influences (with Special Reference to Law/ Legal Terms)—The Latin, Celtic, Scandinavian, French, Greek and American English—Loan Words as Milestones of General History Word-Making: Composition—Derivation—Backformations— Shortening—Root-Creation—Telescoping—Use of Verbs as Nouns and Vice-Versa Semantics Contemporary English—Fashion in Language—Conventional Character of Language—Standard English—American English: Its Difference With British English—Influence of Science and Technology on English—English Today—The Future of English Words often confused: Abate – Abet Absolve – Absorb Absorb - Abjure Accomplice - Accomplish Adopt - Adapt Arrange – Harangue Cession – Session 9

Hours 30

25

Condone – Condemn Confound – Confine Confuse - Confute Contact - Contract Decease – Disease Exercise - Exorcise Exhaust – Accost Export - Extort Liable – Libel Pander – Ponder Principal – Principle Rectify - Ratify Repeal – Repel Sanish – Uanish Tenor – Tenure Reading List: 1. Jerpersen, Otto. (1998) Growth and Structure of the English Language. Calcutta: Oxford University Press. 2. Wood, Frederick T. (1969) An Outline History of the English Language. Delhi: Macmillan Press. 3. Curzon, Lb (1979) A Dictionary of Law. London: Macdonald & Evans Publishing Group. 4. Woodley, M. (2009) Osborn's Concise Law Dictionary. United Kingdom: Sweet & Maxwell Ltd 5. Garner, Bryan A. (2009) Black's Law Dictionary London: Sweet & Maxwell Ltd 6. Osborn, Percy George. (2005) The Law Students Pronouncing Dictionary. London: Sweet & Maxwell Ltd

LAW-UG-E204: History II Unit I II III

IV

V

Topics th India in the Mid 18 Century : Society, Economy, and Polity Expansion and Consolidation of Colonial Power Colonial State and Ideology. Colonial State, Army, Police, Law Ideologies of The Raj and Racial Altitudes, Aim and Objective of Colonial Education Lord Macaulay’s Minute and Wood Dispatch Resistance against British Rule Nature and Effect of Tribal and Peasant Movement: Santal Uprising (1856-57) and Indigo Rebellion (1860) Nature of 1857 Revolt Indian Nationalism and National Movement Birth of Indian Nationalism 10

Hours 6 7 12

12

18

Moderate, Extremist, Swadeshi, Revolutionary, Non-Violence and Satyagraha, Socialist and Leftist Ideology Feature of Indian Constitution

VI

5

Reading List 1. Chandra, Bipan. (1988) India’s Struggle for Independence 1857-1947. New Delhi: Viking Publications. 2. Chandra, Bipan Amales Tripathi And Barun De (1972) Freedom Struggle. New Delhi: National Book Trust. 3. Chandra P.N., B.N. Puri and M.N. Das (1974) A Social Cultural and Economic History of India Vol- I and II and III. Macmillan Ltd. 4. Singh V.B. (1965) Economic History of India 1857-1956. Allied Publishers.

LAW-UG-C205: Law of Torts II Unit I

II

III

Topics Mass Torts Concept of Mass Torts Bhopal Gas Disaster and Legal Response to Industrial Disaster. Disaster Management Act. Industrial Disasters - Public Liability (Insurance) Act, 1991 Consumer Protection Act, (1986) Aims and Objectives of the Act Definition Rights of the Consumer Consumer Protection Councils Complaints and Process of Making of Complaints Composition, Powers, Functions and Jurisdiction of Consumer Disputes Redressal Agencies Reliefs and Redressal Motor Vehicles Act, 1988 Objects and Reasons Definitions Registration of Motor Vehicles Liability without Fault in Certain Cases Insurance of Motor Vehicles Against Third Party Risk

Hours 10

15

30

Reading List: 1. Bangia, R. K. (2009) Law of Torts. Allahabad: Allahabad Law House. 2. Baxi, U. and A. Dhanda (1994) Valiant Victims and Lethal Litigation. New Delhi: Oxford University Press. 3. Eradi, V. B. (2005) Consumer Protection Jurisprudence. Delhi: Lexis Nexis Butterworths. 4. Pillai, P. S. Achuthan (1985) Law of Tort. Lucknow: Eastern Book Company. 11

5. Ratanlal And Dhirajlal (2004) The Law of Torts. Nagpur: Wadhwa and Company Ltd. 6. Rogers, W V H, Percy Henry Winfield and J A Jolowicz (2006) Winfield and Jolowicz th on Tort (17 Edition). London: Sweet & Maxwell. 7. Salmond And Heuston. (1996) Law of Torts. Nagpur: Sweet & Maxwell. 8. Shukla M.N. (1980) Laws of Torts and Consumer Protection Act. Allahabad: Central Law Agency 9. Singh, Gurjeet. (1986) Consumer Protection Act. 10. Verma, S. K. and M. Afzal Wani (2004) Treatise on Consumer Protection Laws. New Delhi: Indian Law Institute.

III Semester LAW-UG-E301: Sociology – II (Rural Society in India) Unit I

II

Topics Basic Features of Indian Society Caste System: Concept, Origin; Traditional Caste System, Caste System in Contemporary India. Indian Village Community: Features; Changes Tribes: Definition; Features; Classification; Socio-Cultural Activities of an Indian Tribe; Problems and Measures to Protect them. Backward Caste/Class Agrarian Structure in India Importance of Agriculture; Agrarian Class Structure Jajmani System Caste-Class Nexus and Production Relations Land Reforms: Concept; Aims and Objectives and Legislative Achievements. Green Revolution: Concept; Effects and Limitations Agriculture in Constitution of India Agricultural Policies (Federal and State)

Hours 30

30

Reading List: 1. Bose, Nirmal. Kumar (2002) Tribal Life in India. New Delhi: National Book Trust. 2. Ahuja, Ram (2008) Social System in India. Jaipur: Rawat Publication. 3. Ahuja, Ram (2008) Society in India. Jaipur: Rawat Publication. 4. Gupta, Dipankar (2007) Social Stratification. New Delhi: Oxford University Press. 5. Ahuja, Ram (1999) Social Problems in India. New Delhi: Rawat Publication. 6. Mandelbaum, D.G. (1955) Society in India. Bombay: Popular Prakasan Ltd.

12

LAW-UG-E302: Political Science – III: International Relations Unit I: International Relations Nature and Scope. Actors in International Relations. Theories of International Relations: Traditional Theories: Realist, Idealist (Liberalism, Neo-Liberalism), Neo-realist and Marxist Theories. Contemporary Theories (Critical Theories and Feminist Theories). Unit II: Key Concepts in International Relations National Power. National Interest. National Security. Balance of Power and Nuclear deterrence (Balance of Terror). Foreign Policy and Diplomacy. War and conflict in contemporary World. Arms Race, Arms-Control and Disarmament Unit III: Issues in International Relations Cold War and military Alliances, post cold war world order (EU, Unipolar or Multipolar? Expansion of NATO, Emergence of new Groups. Non-Alignment in the Post Cold War Period; North South Conflict and Dialogue, Global Terrorism, Human Rights and Humanitarian Intervention, Globalisation Problem of Conflict and Peace (Case of Afghanistan) Unit IV: International Organisations League experiment, The United Nations: origins; purposes and principles; major organs: powers, functions and role of GA, SC, Secretary General, ECOSOC, Achievements of UN, UN Reforms Regional organizations in World Politics: Case Study of SAARC Reading List   

















 



  





Robert J. Art and Robert Jervis, (eds.), International Politics Enduring Concepts and Contemporary Issues :  John Baylis and Steve Smith, (eds.), The Globalisation of World Politics  K. Mingst and Snyder, Essential Readings in World Politics  M. Nicholson, International Relations  Andrew Linklater et al Theories of International Relations  Clive Archer, International Organisations  Peter Calvocoversi World Politics since 1945  Margaret P. Karns and Karen A. Mingst, International Organizations: The Politics and Processes of Global Governance  Rumki Basu, United Nations Organization  V.N. Khanna, International Relations 

LAW-UG-C303: Law of Contract Unit I II III

Topics General Principles of Contract Formation of Contract Kinds of Contract Contract through Agreement Quasi Contract

Hours 1 2 14

13

IV V

VI

Discharge of Contractual Liability Remedies for Breach of Contract Under Indian Contract Act 73-75 Under Specific Relief Act Specific Performance of Contract Recessions Injunction Cancellations of Instruments

14 14

15

Reading List th 1. Anson, (2002) Law of Contract, (28 Ed.). Oxford: Oxford University Press. th 2. Chitty, (2004) Contracts, (Vol 2, 29 Ed.). London: Sweet & Maxwell. 3. Singh Avtar (2006) Principles of Mercantile Law. New Delhi: Eastern Book Company. 4. Saharay, H. K. (2006) Dutt on Contract: The Indian Contract Act. Kolkata: Eastern Law House. 5. Tulsian, P.C. Business and Corporate Laws, New Delhi: Tata McGraw Hill. 6. T. R. Desai, Indian Contract Act: Sale of Goods Act and Partnership Act. Kolkata: S. C. Sarkar and Sons Pvt. Ltd.

LAW-UG-E304: Legal English Unit I

II

Topics Selected Maxims its Meaning and Applications. Actio Personalis Moritur cum Persona Damnum Sine Injuria Qui Facit Per Alium Facit Per Se Volenti Non Fit Injuria Actus Non Facit Reum Nisi Mens Sit Rea Audi Alteram Partem Caveat Emptor Expressio Unis Est Exclusio Alterius Ignorantia Juris Non Excusat In Jure Non Remota Causa Sed Proxima Spectatur Nemo Debet/Judex In Causa Sua Novus Actus Intervenience Res Ipsa Loquitur Salus Populi Est Suprema Lex Ubi Jus Ibi Remedium Legal Phrases: Its Meaning and Applications A Priori, Ab Initio, Actus Reus, Ad Hoc, Ad Infinitum, Ad Interim, Amicus Curiae, 14

Hours 30

30

Animus Possidendi, Bonafide, Custodia Legis De Facto, De Jure, De Novo, Decree Nisi, Doli Incapax. Ejusdem Generis, Ex Gratia, Ex Parte, Factum Valet In Personam In Toto, Inter Alia, Ipso Facto, Per Se Prima Facie, Quid Proquo, Res Gestae, Res Integra, Resjudicata, Sine Die, Sub Judice, Sui Generis, Suo Moto Ultra Vires Reading List: 1. Curzon, L. B. (1983) Dictionary of Law. Macdonald and Evans Ltd. 2. Garner, Bryan A. (2009) Black's Law Dictionary. London: Sweet & Maxwell Ltd. 3. Osborn, Percy George (1948) The Law Student’s Pronouncing Dictionary. London: Sweet & Maxwell Ltd. 4. Woodley, M. (2009) Osborn's Concise Law Dictionary. London: Sweet & Maxwell Ltd.

LAW-UG-C305: Family Law I Unit I II

Topics Introduction Sources of Family Laws: Hindu Law, Muslim Law, Christian, Parsi Unit III: Marriage: Hindu Law, Muslim Law, Christian, Parsi, Special Marriage Act 15

Hours 5 15 20

III

Matrimonial Remedies Hindu Law, Muslim Law, and Under Special Marriage Act.

25

Reading List: 1. Chakraborty, G. (2003) Law of Maintenance. Mumbai: Jaina Book Agency. th 2. Diwan, Paras (1979) Modern Hindu Law. (4 Ed.). Allahabad: Allahabad Law Agency. 3. Diwan, Paras. (2005) Modern Hindu Law. Allahabad: Allahabad Law Agency, 4. Gandhi, B. M. (2008) Hindu Law. Lucknow: Eastern Book Company. 5. Gour, Hari Singh (1909) Hindu Code. The Penal Law of India 2 Vols. 6. Mayne J. D. (2007) Hindu Law and Usage. Mayne Press. 7. Raghavachriar, N.R Hindu Law: Principles and Precedents 8. Sar Desai (2007) Mulla-Hindu Law 9. Saha, Amar Nath (1996) Marriage and Divorce. Kolkata: Eastern Law House. 10. Saharay, H. K. 2006 Law of Marriage and Divorce. Kolkata: Eastern Law House.

IV Semester LAW-UG-E401: Political Science – IV: Indian Constitution and Government Unit I: Historical Background of Indian Constitution 1919 and 1935 Acts. Constituent Assembly and Making of the Constitution. The Preamble; Fundamental Rights and Duties; Directive Principles; Nature of Federalism, Union-State relations. Unit II: Executive President—Position and role with special reference to Coalition government; Vice President; Prime Minister; Council of Ministers and Cabinet; relationship between Prime Minister and President; Governor, Chief Minister, Council of Ministers and Cabinet, relationship between Chief Minister and Governor. Unit III: Legislature Rajya Sabha and Lok Sabha (with reference to financial and executive functions), law making process, privileges, relationship of the two houses, committees system; Speaker; State legislature: composition and functions. Local self governing institutions: Rural and Urban. Unit IV: Judiciary Supreme Court and the High Court: Composition and Jurisdiction; Judicial Review and Judicial Activism; Judicial reforms: Lokpal/ Lokayukta. Procedure for Amendment to the Constitution. Provision for special status of a State: Case of Sikkim Reading List: 

D.D. Basu, Introduction to the Constitution of India



16

  W.H. Morris Jones, Government and Politics of India            

M.V. Pylee, Constitutional Government of India  J.C. Johari, Government and Politics of India  S. Kashyab, Perspectives on the Constitution  G. Austin, Working a Democratic Constitution: The Indian Experience  S.P. Sathe, Judicial Activism in India  Zoya Hasan and others, India's Livings Constitution  G.Austin, Indian Constitution: Cornerstone of a Nation  P. Brass, Politics of India since Independence  P. Chatterjee, (ed.), State and Politics in India  S. Kaviraj, Politics in India  S. Corbridge and J. Harris, Reinventing India 

LAW-UG-C402: History – III: Constitutional and Legal History Unit I: Development of Judicial System in Madras, Bombay and Calcutta Unit II: Law in the Muffussil including the development of Criminal Law Unit III: Privy Council Unit IV: Codification of Law Unit V: Personal Laws of Hindus and Muslims Unit VI: Growth of Legal Profession in India Unit VII: High Courts Act: Calcutta, Bombay and Madras Charters High Courts under the Government of India Act, 1915 and 1935 Subordinate Courts Including Small Courts Unit VIII: Indian independence Act, 1947 Reading List: 1. Jain, M. P (2006) Outline of Indian Legal History. Bombay: Tripathi. 2. Kulshrestra, V.D (1984) Outline of Indian Legal and Constitutional History, Lucknow: Eastern Book Co. 3. Jois, Rama M (1990) Legal and Constitutional History of Indian, Universal Law Publishing. 4. Saha, Roy (1993) Indian Legal and Constitutional History. Colombia, USA: South Asia Books.

17

LAW-UG-C403: Special Contract Unit I II III IV V

Topics Indemnity and Guarantee Bailment Agency Indian Partnership Act Sale of Goods Act

Hours 8 10 10 12 15

Reading List: th 1. Anson, (2002) Law of Contract. (28 Ed.). Oxford: Oxford University Press. th 2. Chitty, (2004) Contracts, (Vol 2, 29 Ed.). London: Sweet & Maxwell. 3. Singh Avtar (2006) Principles of Mercantile Law. New Delhi: Eastern Book Company. 4. Saharay, H. K. (2006) Dutt on Contract: The Indian Contract Act. Kolkata: Eastern Law House. 5. Tulsian, P.C. Business and Corporate Laws. New Delhi: Tata McGraw Hill. 6. T. R. Desai, Indian Contract Act: Sale of Goods Act and Partnership Act. Kolkata: S. C. Sarkar and Sons Pvt. Ltd.

LAW-UG-C404: Family Law II Unit I

II

III

Topics Succession Hindu Succession Act, 1956 Muslim Succession Christian Succession Indian Succession Act, 1925 Minority and Guardianship Hindu Muslim Christian Adoption Hindu

Hours 25

20

10

Reading List: 1. Chakraborty, G. (2003) Law of Maintenance. Mumbai: Jaina Book Agency. th 2. Diwan, Paras (1979) Modern Hindu Law. (4 Ed.). Allahabad: Allahabad Law Agency. 3. Diwan, Paras. (2005) Modern Hindu Law. Allahabad: Allahabad Law Agency, 4. Gandhi, B. M. (2008) Hindu Law. Lucknow: Eastern Book Company. 5. Gour, Hari Singh (1909) Hindu Code. The Penal Law of India 2 Vols. 6. Mayne J. D. (2007) Hindu Law and Usage. Mayne Press. 7. Raghavachriar, N.R Hindu Law: Principles and Precedents. 8. S A Desai (2007) Mulla-Hindu Law. 18

LAW-UG-C405: Sociology – III: Industrial Society of India Unit I: Basic Concepts (Definition, Features, Theories) Division of Labour Bureaucracy Rationality Production Relations Surplus values and Alienation Industry in Constitution of India Unit II: Industrial Relations Changing Profile of Labour Conciliation, Adjudication, Arbitration, Collective Bargaining Trade Union Unit: III Industrial Planning Industrial Policy Labour Legislations Reading List: 1. Gisbert, S.J. (1966) Fundamentals of Industrial Sociology. New Delhi: Tata Mc-Graw Hill. 2. Karnik V. B. (1978) Indian Trade Union. Bombay: Popular Prakashan Ltd. 3. Ramaswamy E.A. (1993) Industrial Relation in India. New Delhi: Macmillan India Limited.

V Semester LAW-UG-C501: Jurisprudence – I Unit I

II

Topics Legal Concepts Substance and Procedure Rights and Duties Personality Property Ownership Possession Interpretation of Statutes

Hours 29

31

Reading List: 1. Allen, C.K. (1964) Jurisprudence. Oxford: Oxford University Press. 2. Dias, R.M.V. (1985) Jurisprudence. Butterworths Tolley.

19

3. Freeman M.D.A. (2001) Lloyd’s Introduction to Jurisprudence. London: Sweet & Maxwell 4. Friedmann, W. (2002) Legal Theory. Universal Law Publishing Co. Pvt Ltd. 5. Hart, H. L. A. (1994) The Concept of Law. Oxford: Oxford University Press 6. Holland, Sir Thomas E. (2001) Holland on Jurisprudence. New Delhi: Universal Law Publishing Co Pvt Ltd. 7. Maine, Henry. (2006) Ancient Law. Book Jungle. 8. Morrison, W. (1983) Jurisprudence. Oxford: Oxford University Press. 9. Paton, G. W. (1962) Text Book of Jurisprudence. Oxford: Oxford University Press. 10. Rawls, John. (1971) Theory of Justice. Harvard University Press. 11. Riddall, J. G. (1991) Jurisprudence. Butterworths. 12. Sen, P. N. (1984) Hindu Jurisprudence. Allahabad: Allahabad Law Agency. 13. Setalvad, M .C. (1960) Common Law in India. London: Stevens & Sons Ltd.

LAW-UG-C502: Constitutional Law I Unit I

II

III

IV

V

Topics Introduction Evolution of Government under Government of India Acts, (1909), (1919) & (1935) Indian Independence Act, (1947) Constituent Assembly & Drafting of the Indian Constitution Preamble Relevance and Importance Amendment to Preamble Judicial Interpretation Citizenship Citizenship under the Constitution Citizenship Act, 1955 Commonwealth Citizenship & its Relevance Rights and Obligations of Citizens

Hours 5

Fundamental Rights Meaning of ‘State’ Interpretations of Art 13 - Meaning of Law, Pre & Post Constitutional Laws-Judicial Review Right to Equality (Articles 14-19) Right to Freedom (Articles(19-22) Right against Exploitation (Articles 23-24) Right to Religion (Articles 25&230) Minority Rights (Articles 29&30) Right to Constitutional Remedies (Article 32) Directives Principles Obligation of the Union Obligation of the States

15

20

8

6

6

VI

Obligation of the Union and States Structure of Government Doctrine of Separation of Powers - its Relevance and Judicial Interpretation Union Executive / State Executive Union Legislature/ State Legislatures Union Judiciary/ State Judiciary Subordinate Judiciary Panchayats & Municipalities Law Making Procedure Contractual Obligations of State Accountability of the governments

15

Reading List: 1. Basu, D.D. (2008) Constitutional Law of India. Nagpur: Lexisnexis Butterworths Wadhwa. 2. Jain, M.P. (2006) Constitutional Law of India. New Delhi: Modern Publications. Shukla, V. N. (1982) Constitutional of India. Lucknow: Eastern Book Co.

LAW-UG-C503: Law of Crimes – I (I.P.C.) Unit I II

III IV V VI VII VIII

Topics Theories of Criminal Liability, Elements of Criminal Liability Actus Reus, Mens Rea, Concurrence General Defences Mistake Infancy Insanity Necessity Private Defence Group Lability- Ss 34, 149 Incomplete Crimes - Abetment Attempt, Conspiracy Offences Against State and Public Order Offences Against Human Body Offences Against Property Offences Relating to Marriage

Hours 12 15

4 7 7 7 7 1

Reading List: 1. Ashworth, Andrew. (1999) Criminal Law. Oxford University Press. 2. Bhattacharya, T. (1999) Text Book of Criminal Law. Williams Glanville. 3. Gaur, K.D. (2007) Criminal Law Cases and Materials. New Delhi: Butterworths 4. Gour, Hari Singh. (2005) Indian Penal Code. Allahabad: Law Publishers.

21

5. Ormerod, David. (2008) Smith and Hogan Criminal Law. Oxford: Oxford University Press 6. Ormerod, David. (2008) Smith and Hogan Criminal Law. Oxford: Oxford University Press 7. Ratanlal and Dhirajlal, (2007) Indian Penal Code. Law Book Shop. 8. Smith and Hogan. (2005) Text Book of Criminal Law. Oxford University Press. LAW-UG-C504: Interpretation of Statutes and Principles of Legislation UNIT I

TOPICS Basic Principles of Interpretation Meaning of Interpretation, Intention of the Legislature, Statute Must be Read As Whole, Statute to be Construed to Make It Effective and Workable.

HOURS 5

II

Guiding Rules Language of the Statute Should be Read As It Is the Rule of Literal Construction The Rule in Heydon’s Case The Golden Rule of Interpretation Harmonious Construction

8

III

Internal Aid to Construction Long Title, Preamble Heading Marginal Notes Punctuation Illustrations Definition Sections Or Interpretation Clause Proviso Explanation Schedule

8

IV

External Aids to Construction Parliamentary History Historical Facts and Surrounding Circumstances References to Other Statutes Effect of Usages and Practices Dictionaries Use of Foreign Decisions

7

V

Construction of General Words General Noscitur a Sociis

5

22

Rule of Ejusdem Genris Reddendo Singula Singulis VI

Operation of Statutes Retrospective Operation Operation Controlled on Consideration of Constitutionality Presumption That Legislation Is Territorial

5

VII

Expiry and Repeal of Statutes Perpetual and Temporary Statute Effect of Expiry of Temporary Statute Express Repeal Implied Repeal Consequences of Repeal

5

VIII

Construction of Taxing Statute and Evasion of Statutes Strict Construction of Taxing Statute Evasion of Statutes

5

IX

Remedial and Penal Legislation Remedial and Penal Statutes-Distinctions Liberal Construction of Remedial Statutes Strict Construction of Penal Statutes Mena Rea in Statutory Offences Vicarious Responsibility in Statutory Offences Mena Rea under The Indian Penal Code.

7

Reading List th 1. Bindra, N.S. – Interpretation of Statutes, 11 edition 2014, LexisNexis rd 2. Singh, Avatar & Kaur, Harpeet – Introduction to Interpretation of Statutes, 3 edition 2013 (reprint), LexisNexis. 3. Singh, Guru P.(2010), Principles of Statutory Interpretation: Also Containing General Clauses Act, 1897 with Notes. Gurgaon: LexisNexis Butterworth’s Wadhwa Nagpur. 4. Langan (1969), Maxwell on the Interpretation of Statutes. Haryana, India: LexisNexis Butterworth’s. LAW-UG-C505: Political Science – V: Public Administration Unit I: Public Administration: Meaning and Scope Theories of Organisation: The Classical Theory, Scientific Management, Bureaucratic Theory; The Human Relations theory, Decision Making. 23

Unit II: Principles of Organisation Hierarchy, Unity of Command, Authority and Responsibility, Coordination, Span of Control, Supervision, Centralisation and Decentralisation, Delegation Structures of Organisation: Line, Staff and Auxiliary Agencies, Departments, Corporations, Companies, Boards and Commissions. Unit III: Trends in Public Administration New Public Administration, New Public Management, Comparative Public Administration, Development Administration; Good Governance; Public Administration in the age of globalisation and liberalization, e-governance/digital governance. Unit IV: Personnel Administration Concept and Problems of Recruitment, Training and Promotion of Public Personnel, Civil Service Neutrality, Integrity in administration Financial Administration: Concept of Budget, Preparation and Execution of the Budget, Legislative Control Reading List    



 

























 

Gerald E. Caiden, Dynamics of  Public Administration: Guidelines to Current Transformations in Theory and Practice Robert A. Golembiewski, Public Administration as a Developing Discipline: perspectives on Past, Present  and Future  Felix Nigro and G. Lyodi Nigro, Modern Public Administration. Peter Self, Administrative  Theories and Politics: An Inquiry into the Structure and Process of Modern Government  M. Bhattacharya, Public Administration Rumki Basu, Public Administration



Bidyut Chakrabarti and Mohit Bhattacharya,



Amitai Etzioni , A Sociological Reader on Complex Organizations



Noorjahan Bava, The Social Science Perspective and Method of Public Administration  Ramesh K. Arora, Comparative Public Administration 



S. P. Verma and S. N. Swaroop, personal Administration, EROPA, 1993

VI Semester LAW-UG-C601: Law of Evidence Unit I II III

Topics Interrelatedness of Substantive and Procedural Laws and Evidence Law “Facts”, “Fact in Issue”, “Relevant Fact”, “ Oral and Documentary Evidence”, “Proved”, “Disproved” Relevancy of Res Gestae Facts, Special Facts to Prove Conspiracies and Plea of Alibi 24

Hours 3 5 5

IV V VI VII VIII IX X

Admission and Confessions Dying Declarations Expert Evidence Burden of Proof and Presumptions Privileged Communications (Ss.121.122 And 123) Estoppel as a Means of Barring Evidence Accomplice Evidence

15 4 4 5 5 4 5

Reading List: 1. Batuk, L. (2008) Law of Evidence. New Delhi: Ashoka Law House 2. Sarkar and Sarkar. (1981) Law of Evidence. New Delhi: Ashoka Law House 3. Singh, Avtar Text Book of Evidence Law 4. Veppa, P. Sarthi. (2006) Law of Evidence. New Delhi: Eastern Book Company 5. Woodroff and Amir Ali. (2001) Commentary on Evidence Act. Butterworth's Publication

LAW-UG-C602: Law of Crimes - II (Criminal Procedure Code) Unit I

II III IV

Topics Reporting of Crime - F.I.R, Complaint, Crime in the Investigation Stage-Arrest, Search, Seizure, Recording of Confession by Magistrate, Adjudication of Juveniles in Conflict with Law before The Juvenile Justice Board under The Jj (C&P.C.) Act 2000, Charge and Jurisdiction of Courts in General. Safeguards to the Accused in The Pre-Trial Stage-Bail Proceedings, Remand Proceedings Taking Cognizance of The Case and Committal Proceedings, Appeal, Revision, Review and Reference. Right to Legal Aid

Hours 20

15 10 10

Reading List: 1. Kelkar R.V. (2005) Lectures on Criminal Procedure Law. New Delhi: Ashoka Law House 2. Kelkar, R.V. (2008) Outlines of Criminal Procedure. Lucknow: Eastern Book Company. 3. NHRC (2008) Human Rights Best Practices in Criminal Process in a Nutshell. Delhi: NHRC. 4. Ratanlal and Dhirajlal, (2007) Commentary on the Criminal Procedure Code. Nagpur: Wadhva and Company LAW-UG-C603: Civil Procedure Code and Limitation Act Unit I II

Topics History, Object and Purpose of the code of Civil Procedure, 1908 Jurisdiction of Civil Courts and Place of Suing 25

Hours 2 8

III IV V

Res Sub Judice and Res Judicata Foreign Judgment Suits Institution of Suits, Parties to Suits, Frame of Suit, Suits in Particular Cases (By or Against Governments or Public Officers; Substantial Question of Law; By or Against Corporations; By or Against Minors and Lunatics; Matters Concerning Family; By Indigent Persons; Mortgages; Inter-Pleader Suits, Representative Suits)

5 2 10

VI

Pleadings (Plaint and Written Statement, Set-Off and CounterClaim) Interim Orders Commissions, Arrest Before Judgment, Attachment Before Judgment, Temporary Injunctions, Interlocutory Orders, Receivers Appeals, Reference and Review The Limitation Act, 1963 - Sections 1 to 27

8

VII

VIII IX

10

4 6

Reading List: 1. Ganguly (2006) Civil Court Practice and Procedure. Calcutta: Eastern Law House. 2. Majumder, P. K. (2002) Code of Civil Procedure Code. Orient Publishing Company. 3. Mitra, B. B. (1974) Limitation Act. Calcutta: Eastern Law House. 4. Mulla, (2007) Civil Procedure Code. New Delhi: Lexis Nexis Butterworths 5. Saha, A. N. (1986) Code of Civil Procedure Code. Calcutta: Eastern Law House. 6. Sarkar, (2002) Code of Civil Procedure Code. Nagpur: Wadhwa And Co. 7. Thakker C. K. (2005) Civil Procedure (Takwani). Calcutta: Eastern Book Company. LAW-UG-C604: Constitutional Law – II Unit I

II

III

Topics Union and The States States Reorganization Admission of New State Border Disputes Union Territories Foreign Territories Federal Structure Features of a Federal Constitution Purely Federal Vs Quasi Federal Nature of the Constitution Distribution of Legislative Power Financial Relations Administrative Relations Predominance of the Union Special Status to States (Articles 370 to 371 A to I) Commissions and Organizations 26

Hours 5

15

5

IV

V

VI

VII

VIII

Planning Commission National Development Council Inter State River Water Disputes Constitutional Provisions Interstate River Water Disputes Act, 1956 River Boards Act, 1956 Inter State River Water Tribunals Amendment Power and Procedures Important Constitutional Procedures Basic Structure & the Power to Amend the Constitution Emergency Provisions Proclamation of Emergency (Article 352) Constitutional Authorization & Limitations Implications of The Proclamation of Emergency Failure of State Machinery (Article 357) Financial Emergency Organization of Civil Service UPSC SPSC JPSC Trade and Commerce

5

10

10

5

5

Reading List: 1. Basu, D.D. (2008) Constitutional Law of India. Nagpur: Lexisnexis Butter Worths Wadhwa 2. Inter State Council (1988) Sarkaria Commission Reports. New Delhi: Government of India. 3. Jain, M.P. (2006) Constitutional Law of India. New Delhi: Modern Publications. 4. Ministry of Personnel, Public Grievances and Pensions (2005) Second Administrative Reforms Commission Reports. New Delhi: Government of India. 5. Shukla, V. N. (1982) Constitutional of India. Lucknow: Eastern Book Co. Venkatachaliah, M.N. (2002) Report of the National Commission to Review the working of the Constitution. New Delhi: Government of India. LAW-UG-C605: Political Science – VI: Political Thought Unit I: Idea of State in Plato and Aristotle-Comparison between the two Machiavelli, Power and Modern Politics. Jean Bodin: Theory of Sovereignty Thomas Hobbes: Method and Absolutism John Locke: Foundations of Liberalism; Property and Consent JJ Rousseau: General Will

27

Unit II: JS Mill: Liberty and Representative Government Jeremy Bentham: Utilitarianism Hegel: Dialectics, Freedom and State T.H. Green: State and Political Obligation Karl Marx: Historical and Dialectical Materialism, concept of Class, Theory of State. H J Laski: Libertarianism Unit III: Dharmashastra and Arthashastra Traditions in ancient India Kingship in Manusmriti Kautilya’s Arthashastra: King’s position, function and policies, saptanga theory of the state. Mediaeval Islamic ideas (General features) Bengal renaissance and Raja Ram Mohan Roy: Social reform and political liberalism. Thoughts of Swami Vivekananda and Dayananda Saraswati Unit IV: Aurobinda’s ideas of nationalism M K Gandhi: Satyagraha, Swaraj and Trusteeship M.N Roy: Radical Humanism Jawaharlal Nehru: Democratic Socialism Savarkar: Idea of Hindutva Ambedkar and Dalit Consciousness Reading List 



























    

 

Panthem and Deutsch, Political Thought in Modern India.



V R Mehta, Foundations of Indian Political Thought: An Interpretation - From Manu to the Present Day  Bidyut Chakrabarty and R K Pandey, Modern Indian Political Thought M K Gandhi, Hind Swaraj



V.P Verma - modern Indian Political Thought



Mehta V. R., (1992), Foundations of Indian Political Thought, New Delhi, Manohar Publishers. Kangle, R.P, (1960), Arthashastra of Kautilya, Motilal Benarasidass.



Hatcher, Brian. (August, 2006), ‘A Remembering Rammohan; An Essay  on the (Re)-Emergence of Modern Hinduism’, History of Religions, Vol. 46, No. 1, August 2006. Strauss, Leo and Joseph Cropsey, (1987), History of Political Philosophy, 2nd Edn. Chicago University Press. Forsyth Murray and Keens- Soper, Maurice (eds.),  (1998), A Guide to the Political Classics: Plato to Rousseau, Oxford University Press, 1988.  Nelson Brian, (2008), Western Political Thought, Pearson Longman.

VII Semester LAW-UG-C701: Labour and Industrial Law I Unit



Topics

Teaching 28



I

Industrial Jurisprudence Industrial Revolution in India Labour Problems in India Importance of Industrial Harmony Labour Legislation in India Growth of Labour Legislation in India Social Security Legislation in India The Payment of Wages Act, 1936 The Minimum Wages Act, 1948 The Indian Trade Unions Act, 1926 History of Trade Unionism Including Needs to Control Trade Union Activity Object and Reason; Definitions; Registration of Trade Union; Rights and Liabilities of Registered Trade Unions; Recognition of Trade Unions; Penalties. The Child Labour (Prohibition and Regulation) Act, 1986

II

III IV V

VI

Hours 10

8

12 12

12

Reading List: 1. Barrow, Charles (2002) Industrial Relation Law. Cavendish. 2. Labour Ministry Report of the National Commission on Labour Second Labour Commission Report, Government of India 3. Malhotra, O.P. (2001) The Law of Industrial Disputes (Vol. I & II). Universal. 4. Malik, P.L. (2002) Srivastava’s Law Relating to Trade Unions and Unfair Labour Practices. New Delhi: Eastern Book Company. 5. Pai, G. B. (2001) Labour Law in India (Vol. I&II). Nagpur: Lexisnexis Butterworths. 6. Roy, S.N. (2001) Bagri on Law of Industrial Disputes (Vol. I & II). Kamal Law House. 7. Sikkim Government Gazette No.20/Ld/2005 Dt. 24/9/05. 8. Sikkim Labour Protection Act, 2005. (As Amended in 2006 And 2007) 9. Srivastava, K.D. (1995) Commentaries on Minimum Wages Act (1948). New Delhi: Eastern Book Company. 10. Srivastava, K.D. (1998) Commentaries on Payment of Wages Act (1936). New Delhi: Eastern Book Company.

LAW-UG-C702: Law and Medicine UNITS I

II

TOPICS Interrelationship between Law and Medicine. Need of Legal Control. Constitutional PerspectivesRight to Health, Right to Privacy, Right to Emergency Medical Care, Power to make Law and Directive Principles.

29

HOURS 5

12

III

Liability for Professional Negligence – Tortious, Contractual and Criminal Liability under the Consumer Protection Law,

12

IV

Controls on Handling of Bio-Medical Wastes.

5

V

Medical Termination of pregnancy, Amino Centesis. Artificial Insemination,

10

VI

AIDS Laws Genetic Engineering and Organ Transplantation Regulation of Medical and Para Medical Profession

10

VII

5

Reading List: th

1. Behera, P. – Medical law and Ethics, 7 edition 2007, Cambray & Co. Pvt. Ltd. 2. Caplan, Arthur L. & Coelho, Daniel H – The Ethics of Organ Transplant, the Current Debate, Promtheus Books, 1998. 3. Dinumarti, Bhaskars Rao (ed.) – HIV/AIDS: Issues and Challenges. (Discovery, New Delhi, Vol – I & 2, 2000). 4. Epstein, Richard A. & Peril, Mortal - Our Inalienable Right to Health Care, Persens Books, 1999. 5. Jonathan Montgomery – Health Care Law, 1997, Oxford. 6. R.K.Naik (ed.) - Global Health Law, 1998, The Indian Law Institute, WHO, Regional Office for South East Asia, New Delhi 7. S.P.Joga Rao - Current issues in Criminal Justice and Medical Law, Eastern Law House, Kolkata. 8. Shalini, Bharat – HIV/ AIDS Related Discrimination, Stigmatisation and Denial in India: Study in Mumbai & Bangalore (Tata Institute of Social Science Mumbai, 1999 (NHRC).

9. Srivastava, Lily – Law and Medicine (2 Ltd, Kolkata.

nd

edition, 2013), R, Cambray & Co. Pvt.

LAW-UG-C703: Property Law Unit I II

Topics What property may be transferred: Who is competent to transfer? Conditions Restraining Alienation - Fulfillment of Condition 30

Hours 2 6

III IV V

VI VII VIII IX X XI XII

Precedent & Condition Subsequent Transfer to Unborn Person - Rule against Perpetuity-Direction for Accumulation - Vested Interest - Contingent Interest Doctrine of Election Transfer by Ostensible Owner- by unauthorised person who subsequently acquires interest in property concerned [Feeding The Estoppel by Grant]. Doctrine of Lis-Pendens Fraudulent Transfer Doctrine of Part Performance Sale of Immovable Property Mortgage Lease of Immovable Property EasementDefinition- Kinds- Imposition, Acquisition and Transfer of Easement-Incidents of Easements-Disturbance of EasementExtinction, Suspension and Revival of Easements-Licencee

6 3 4

3 3 5 6 6 6 10

Reading List: 1. Transfer of Property Act, 1882 2. The Indian Easement Act, 1882. 3. S.M. Shah: Principles of Law of Transfer. 4. G.P. Tripathi: Transfer of Property Act. 5. V.P. Sarthi: Law of Transfer of Property. 6. Mulla: Transfer of Property Act. 7. G.C. Subbarao: Law of Property. 8. B.B. Mitra: Transfer of Property Act.

LAW-UG-C704: Administrative Law Unit I

II

III

Topics Introduction Nature and Scope of Administrative Law Evolution of Administration Law in India Relationship between Constitutional Law and Administrative Law Rule of Law Principles of Rule of Law Droit Administratiff Rule of Law verses Administrative Law Enrichment of Rule of Law Delegated Legislation Constitutional Basis for Delegated Legislation Constitutional Authorization for Delegated Legislation Parent Statute & Limitating Delegater Legislation - Skeleton Rule 31

Hours 5

5

10

IV

V

VI

VII

VIII

Judicial Control over Delegated Legislation Natural Justice Principles of Natural Justice Natural Justice under the Indian Constitution & Administrative Law Judicial Development in India Public Corporations Quasi Legislative (Rule Making) Quasi- Judicial Purely Administrative Functions Limitations on Administrative Functions Judicial Control over Administrative Actions Administrative Control over Administrative Actions Administrative Tribunal Evolution of Administrative Tribunals in India Constitutional Bases for A.T. Administrative Tribunals Act, 1985 Judicial Review of the orders by Administrative Tribunals Other Administrative Tribunals U/A 323 B Ombudsman Ombudsman in Scandinavian Countries Role and Functions of Ombudsman Lokpal and Lokayuktas in India Need for Administrative Procedure Bill Right to Information & Good Governance Regulatory Authorities Evolution and Functioning of Independent Regulatory Authorities in the U.S. Regulatory Functions - Quasi Legislature, Quasi Judicial & Administrative Functions -Autonomy & Accountability Specific Regulatory Authorities TRAI IDRA NERA/SERA

10

6

6

5

8

Reading List: 1. Ili-Cases and Materials on Administrative Law 2. Jain, M.P. (2008) Administrative Law. Nagpur: Lexisnexis Butterworths Wadhwa 3. Sathe, S.P. (2004) Administrative Law. Nagpur: Lexis Nexis Butterworth India. 4. Wade, H.W R. (1961) Administrative Law. Clarendon Press.

LAW-UG-C705: Human Rights Law Unit

Topics

Hours 32

I II III IV V

VI

VII

VIII

Origin and Development of Human Rights Enumeration and Classification of Human Rights Civil and Political Rights; International Instruments and Institutions Social and Economic Rights: International Instruments Human Rights and Vulnerable Groups Prisoners Child Migrant Workers Disabled Persons Minorities Women Collective Rights Right to Development Right to Self Determination Right to Clean Environment Regional Conventions on Human Rights European Convention on Human Rights, (1950) Inter-American Convention on Human Rights African Charter on Human and People Rights National Institutions for the Protection of Human Rights

5 5 7 5 10

10

13

5

Reading List: 1. Agarwal, H. O. (2000) International Law & Human Rights. Central Law Publications. 2. Anand, R. P. (2008) New State and International Law. Gurgaon: Hope India Publications 3. Baxi, Upendra. (2006) Future of Human Rights. Oxford University Press 4. Baxi, Upendra. (2009) Human Rights in Post Human World. Oxford University Press. 5. Bowett, D. W. (1982) The Law of International Institutions. Stevens Publishers. 6. Brownlie, Ian (1973) Principles of Public International Law. Clarendon Press 7. Harris, D. J. (1983) Cases and Materials on International Law. London: Sweet & Maxwell, 8. Iyer, V R. Krishna (2000) Dialectics and Dynamics of Human Rights: Yesterday, Today and Tomorrow. New Delhi: Eastern Law House. 9. Nirmal, C.J. (2002) Human Rights in India: Historical, Social, and Political Perspectives. Oxford University Press 10. Oppenhein, L. (2005) International Law a Treatise. Clark: The Law Book Exchange Ltd. 11. Shaw, Malcom (2002) International Law. Cambridge: Cambridge University Press 12. Sorensen, Max (1968) Manual of Public International Law. Published By St. Martin's Press. 13. Verma, S. K. (2004) An Introduction to International Law. New Delhi: Phi Learning Private Limited.

33

VIII Semester LAW-UG-E801: Environmental Studies

LAW-UG-E802: Banking Law Unit I II

III

IV V

VI VII

VIII IX X

Topics Evolution of Banking Institutions Functions of Commercial Banks and Services Rendered by them: Agency Services-General Utility Services-Overseas Trading Services-Information and Other Services General Structure and Methods of Commercial Banking: Principles of Commercial Banking-Employment of Funds by Commercial Banks-Earning Assets-Self Liquidating Paper Theory-Anticipated Income Theory

Hours 5 6

Mechanisms of Credit Creation Systems of Banking: Group Banking and Chain Banking-Unit Banking and Branch Banking-Joint Stock Banking-Commercial Banks and Industrial Finance-Merchant Banking-Exchange Bank-Indigenous Banks and Money Lending-Cooperative Banks-Land Development Banks. Indian Banking:- Reserve Bank of India-State Bank of India Practical Banking: Banker and Customer-Accounts of Customer-Cheques & Promissory Notes - Pass Books - Paying Banker - Collecting Banker Money Market-Foreign Exchange Guarantees Banking Legislation and Reforms Banking Companies [Acquisitions and Transfer Of Undertakings] Act, 1980 - Banking Laws (Miscellaneous Provisions) Act- Banking Regulation Act, 1949-Reserve Bank Of India Act, 1934

6 7

6

6 6

6 6 6

Reading List: 1. Bhashyam, Krishnamachari, Kakkunje Yegnanarayana Adiga, J C Verma (1990) The Negotiable Instruments Act. Bharat Law House 2. Cranston, Ross (2002) Principles of Banking Law. Oxford: Oxford University Press 3. Gupta, S.N. (1999) The Banking Law in Theory and Practice. New Delhi: Universal Publication. 4. K.C Shekhar & Lekshmi Shekhar, (2006) Banking Theory and Practice. New Delhi: Vikas Publishing House. 34

5. Malik, Vijay (1989) Law Relating to Banking and Financial Institutions. State Mutual Book & Periodical Service Ltd. 6. Mukherjee, T.K. (1973) Banking Law and Practice. Universal Law Publication. 7. Parthasarathy, M.S. (Ed.) (1998) Kherganvala on the Negotiable Instruments Act, Buterworth. 8. Tannen, M.L. (2000) Tannen’s Banking Law and Practice in India. New Delhi: India Law House. 9. Tripathi, G.S.N. (Ed.), (2000) Sethi’s Commentaries on Banking Regulation Act (1949 and Allied Banking Laws. Allahabad: Law Publishers.

LAW-UG-C803: Company Law Unit I

II III IV V VI VII VIII IX X XI XII

Topics Formation of Companies and its Concepts. Promoting Memorandum of Association Articles of Association Registration Kinds of Companies and the Process of their Transformation from one kind to another Advantages and Disadvantages of Incorporation Prospectus Shares and Related Matters Debentures and Related Matters Company and its Organs: Their Power, Function, Duty and Interrelationship Foss V. Harbottle Rule and its Exceptions Merger and Acquisition Winding Up (By Court and Voluntary) Company Law Board and National Company Law Tribunal Brief overview of Sebi Guidelines

Hours 10

5 4 4 5 5 8 2 6 6 2 3

Reading List: 1. Bhandari, M. C (1971) Guide to Company Law Procedures. Bhandari Publications. 2. Davis. Paul. L (1979) Gower’s Principles of Modern Company Law. Published by Stevens. 3. Hitt, Michael A., Jeffrey S. Harrison and R. Duane Ireland (2001) Mergers & Acquisitions. Oxford: Oxford University Press. 4. Jain, N.K (2007) Company Law: Law and Practice. New Delhi: Deep & Deep Publications. 5. Palmer (1911) Company Law: A Practical Handbook for Lawyers & Business Men. London: Stevens Publication 6. Ramaiya. A (2006) Guide to The Companies Act. Nagpur: Lexisnexis Wardha Publication. 7. Singh, Avtar (1966) Indian Company Law. New Delhi: Eastern Book Co. 35

LAW-UG-C804: Labour and Industrial Law - II Unit

Topics

I

The Indian Trade Unions Act, 1926 History of Trade Unionism Including Needs to Control Trade Union Activity Object and Reason; Definitions; Registration of Trade Union; Rights and Liabilities of Registered Trade Unions; Recognition of Trade Unions; Penalties. Workmen’s Compensation Act, 1923 Object and Reason; Definitions; Employer’s Liability for Compensation; Determination of Quantum of Compensation; Distribution of Compensation; Indemnity and Benefits of Employers Industrial Disputes Act, 1947 Need for Preventive and Settlement Machinery Object and Reason; Definitions; Authorities under the Act; Strike; Lock-Out; Public Utility Service; Lay Off; Retrenchment and Closure in Certain Establishments (Procedure for Settlement of Industrial Dispute); Unfair Labour Practice Factories Act, 1948 Object and Reason; Definitions; Health-Safety and Welfare Measures; Employment of Young Person’s; Working Teaching Hours of Adult.

II

III

IV

Teaching Hours 10

10

20

15

Reading List: 1. Barrow, Charles (2002) Industrial Relation Law. Cavendish. 2. Labour Ministry Report of The Second Labour Commission Report, Government of India 3. Malhotra, O.P. (2001) The Law of Industrial Disputes (Vol. I & II). Universal. 4. Malik, P.L. (2002) Srivastava’s Law Relating to Trade Unions and Unfair Labour Practices. New Delhi: Eastern Book Company. 5. Pai, G. B. (2001) Labour Law in India (Vol. I&Ii). Nagpur: Lexisnexis Butterworths. 6. Roy, S.N. (2001) Bagri on Law of Industrial Disputes (Vol. I & II). Kamal Law House. 7. Sikkim Government Gazette No.20/Ld/2005 Dt. 24/9/05. 8. Sikkim Labour Protection Act, 2005. (As Amended in 2006 and 2007) 9. Srivastava, K.D. (1995) Commentaries on Minimum Wages Act (1948. New Delhi: Eastern Book Company. 10. Srivastava, K.D. (1998) Commentaries on Payment of Wages Act, 1936. New Delhi: Eastern Book Company. 11. Srivastava, S. C. (1985) Treatise on Social Security and Labour Law. New Delhi: Eastern Book Company.

36

LAW-UG-C805: Alternative Dispute Resolutions (Practical) Unit I

II

III

IV

V

Topics Introduction to Alternative Dispute Resolution The Limits of Judicial Process and Reasons for Finding Alternatives Advocacy for ADR and its Perceived Utilities ADR Models- A Brief Comparison Development of ADR in India Law of Arbitration Meaning of Arbitration Advantages of Arbitration Forms of Arbitration Legal Regulation of Arbitration in India - Domestic and International Arbitration Agreement Arbitrability Autonomy of an Arbitration Agreement Role of Judicial Authorities in Arbitration Interim Measure Appointment of Arbitrator Grounds for Challenge the Appointment of an Arbitrator Arbitral Proceedings Awards and Repaper against an award Recognition and Enforcement of a Foreign Arbitral Award Negotiation Meaning of Negotiation Essentials of Negotiation Characteristic of Negotiation Exchange of Information Negotiation Styles Approaches to Negotiation Batna & Watna Mediation & Conciliation Meaning of Mediation and Conciliation Mediation Vs Conciliation Court Annexed Mediation in India Appointment of Mediator Mediators Powers and Duties Agreement to Mediate Process and Skills Reaching Settlement and Enforceability of the Settlement Agreement Lok Adalats Meaning of Lok Adalat Genesis of Lok Adalat in India 37

Hours 5

20

10

10

10

Legal Recognition for Lok Adalats in India - Legal Services Authority Act Constitution and Jurisdiction of Lok Adalats Consent of Parties Powers of Lok Adalat Power of Judicial Review Permanent Lok Adalats Reading List: 1. Agarwal, B.N. (2007) Pendency of Cases & Speedy Justice, Supreme Court Cases Journal 2. Bachawat, (2005) Law of Arbitration and Conciliation. Nagpur: Wadhwa Publication. 3. Galanter & Krishnan (2004) Bread for the Poor: Access to Justice and the Rights of the Needy in India. Hastings Law Journal. 4. Gupta, Sunil (2003) Challenge to Arbitral Awards on the Ground of ‘Public Policy’, Arbitration Law Report. 5. Kwatra. G. K, (2008) Arbitration and Conciliation Law of India. Universal Publishers. 6. Murthy, K.K. (2005) Interim Measures and International Commercial Arbitration in India, ICFAI University Journal of Alternative Dispute Resolution. 7. Rajan, R. D. (2005) Alternative Dispute Resolution. Bharthi Law Publications 8. Rao, M. Jagannadha (1999) Concept of Conciliation and Mediation and their Differences, Paper Published By Law Commission of India. 9. Redfern & Hunter, (2006) Law and Practice of International Commercial Arbitration. Sweet & Maxwell Publication. 10. Shina, S.B. (2006) Mediation: Constituents, Process and Merit, Nyaya Deep Publication. 11. Sikri, A.K. (2006) Reforming Criminal Justice System: Can Plea Bargaining be the Answer?, Nyaya Deep, Vol-VII, 12. Sridhar. M, (2006) Alternative Dispute Resolution. Butterworths Publication.

IX Semester LAW-UG-C901: Intellectual Property Law Unit I II III IV V VI

Topics Concept of Intellectual Property International Dimension of Intellectual Property Rights: WIPO & TRIPS Patents: Basic Legal Framework/Salient Features of Indian Law Copy Right: Basic Legal Framework/Salient Features of Indian Law Trade Marks: Basic Legal Framework/Salient Features of Indian Law Geographical Indication and Trade Secrets/ Undisclosed Information 38

Hours 5 5 10 10 5 5

VII VIII IX

Industrial Designs Enforcement of IPRS Emerging Areas of IPRS IPRS and Biotechnology IPRS and Computer/Software IPRS and Biodiversity IPRS, Traditional Knowledge and Folklore Protection of Plant Variet

5 5 10

Reading List: 1. Anne-Marie Mooney Cotter (2003) Intellectual Property Law. Routledge Cavendish 2. Torremans, Paul (2008) Intellectual Property Law. Oxford: Oxford University Press. 3. Tina Hart, Linda Fazzani, Simon Clark (2006) Intellectual Property Law, Palgrave Macmillan

LAW-UG-C902: Principles of Taxation Law Unit I

II

III

Topics General Principles of Taxation Laws: History and Development of Tax Laws in India. Fundamental Principles Relating to Tax Laws. Taxing Power and Constitutional Limitations. Distinction Between: Tax, Fee and Cess Tax Avoidance and Tax Evasion Basic Concepts of Income Tax Income, Previous Year, Assessment Year, Person, Assesee and Total Income. Income not included in the Total Income. Residential Status Clubbing of Income. Tax Planning. Rate of Income Tax. Heads of Income. Salaries. Income from House Property. Income from Business or Profession. Capital Gains. Income from other Sources. Deductions under the Income Tax Act, 1961 Income Tax Authorities: Power and Functions. Filing of Returns and Procedure for Assessment. Offences and Penal Sanctions. Value Added Tax Meaning and Importance of VAT. 39

Hours 10

30

10

IV

Difference between VAT and Sales Tax. West Bengal Value added Tax Act, 2003. Criticisms and Limitations of VAT System. Service Tax Taxable Service. Meaning and Importance of Service Tax. Valuation of Taxable Service. Offences and Penalties

10

Reading List: 1. Iyengar, Sampath (1998) Law of Income Tax New Delhi: Bharath Law House. 2. Jain, Narayan (2004) How to Handel Income Tax Problems. Book Corporation. 3. Palkivala, N.A. (1999) The Law & Practice of Income Tax. Nagpur: Wadha Publication. 4. Parameswaran, K. (1987) Power of Taxation under the Constitution. Eastern Book Company. 5. Sharma, Remesh (1998) Supreme Court on Direct Taxes. New Delhi: Bharath Law House. 6. Singh, S.D. (1973) Principles of Law of Sales Tax. Eastern Book Company. 7. V. Ramachandran & T.A. Ramakrishnan (Eds.) (2000) A.N. Aiyar's Indian Tax Laws, Chennai: Company Law Institute of India Pvt. Ltd.

LAW-UG-C903: Insurance Laws Unit I II III IV V VI VII VIII IX X

Topics Theories of Insurance Functions of Insurance Insurance Contract Insurance Agents and Brokers Insurable Interest The Risk and Loss Duty of Disclosure Principle of Indemnity Doctrine of Subrogation Claims and Claim Settlement

Hours 6 6 6 6 6 6 6 6 6 6

Reading List: 1. Kumar, Gyanedra (1999) Hand Book on Insurance Laws. Law Publishers. 2. Murthy, K. S. N. and K. V. S. Sarma (1995) Modern Law of Insurance in India. N.M. Tripathi Pvt. Ltd. 3. Srinivasan, M. N. (1992) Principles of Insurance Law: Life, Fire, Marine, Motor and Accident. Ramanuja Publishers.

40

LAW-UG-C904: International Trade Law Unit I

II III

IV

Topics Contract of Sale Uniform Rules of Contract of Sale Types of Contract CIF, FOB, C& F Contract Letters of Credit Settlement of Disputes Arbitration Enforcement of Arbitral Awards World Trade Organization (WTO) and General Agreement on Tariff and Trade (GATT). Basic Principles - MFN, National Treatment and NonDiscrimination Tariff Bindings Exceptions to MFN Regional Trade Agreements Escape Clause Safeguard Measures Quantitative Restriction Balance of Payments Infant Industry WTO and Multinational Agreements Trade Related Investment Measures (TRIMS) General Agreement on Trade in Service (GATS) Trade Related Aspects of Intellectual Property Rights (TRIPS) Dispute Settlement Mechanism under WTO

Hours 10

10 15

25

Reading List: 1. Basic Texts of GATT and WTO 2. Sackson, John, H (1997) Law of International Trading System, The MIT Press. 3. Sackson, John, H (1997) World Trade and Law of GATT. The MIT Press. 4. Dam, K.W. (1970) The GATT Law and International Economic Organisations. Chicago University Press. 5. Koul, A K. (2001) World Trade Organisations, Satyam Publication.

LAW-UG-C905: Professional Ethics and Professional Accounting System (Practical) Unit I

Topics Ethics and Legal Profession- An Introduction Introduction to Legal Ethics Professional Ethics and Responsibility Rule of Confidentiality and Conflict of Interest. Development of Law Relating to Legal Profession in India 41

Hours 10

II

III

IV

V

VI

Advocates Act- An Overview Regulations Governing The Practice and Enrollment in India Bar Council of India- Its Constitution Powers and Duties State Bar Councils- Its Constitution Powers and Duties Different Committees under Bar Council of India and State Bar Councils Admission and Enrollment of Advocates Disqualification for Enrolment Rights to Practice Professional Responsibilities Duty to Court Duty to Client Duty to Opponent Duty to Colleague Duty towards Society and Obligation to Render Legal Aid Professional Misconducts of an Advocate Professional and other Misconduct- Meaning How to Make a Complaint against an Advocate Procedure after a Complaint has been referred to a Disciplinary Committee Punishments Review and Appeal against the order of the Disciplinary Committees Consumer Protection Act - Advocates Deficiency of Service Bench-Bar Relation & Contempt of Court Bench-Bar Relation Contempt of Court- Its Meaning and Nature Categories of Contempt of Court Basis and Extent of Contempt Jurisdiction Procedure in Case of Contempt Punishment for Contempt of Court Defenses Remedies Against Punishment Some Emerging Issues in Professional Ethics Advertising in Legal Profession Lawyers Strike Women’s Place at the Bar Globalization and Legal Profession

10

10

10

10

10

Reading List: th 1. Rai, Kailash (2007) Legal Ethics, CLP, 7 Edition. 2. Menon, N.R. Madhava (1984) Legal Profession. BCI Publication. 3. Iyer, P. Ramanatha (2003) Legal & Professional Ethics. Nagpur: Wadhwa Publication.

42

4. Morgan And Rotunda (2006) Professional Responsibility, Problems and Materials,

Published By Thomson/West. 5. Ramachandran, Raju (2004) Professional Ethics, Butterworths, 6. Myneni, S. R. (2003) Professional Ethics. ALH Publication.

LAW-UG-C906: Environmental Law Unit I II III IV

V

VI VII VIII IX

Topics Concept of Environment and its Significance in Modern Society National Policy on Environment Constitutional Law Perspective Sustainable Development Precautionary Principle - Polluter Pays Principle - Public Trust Doctrine, Intergenerational Equity The Environment (Protection) Act, 1986 Preamble-Definition - General Powers of Central GovernmentPrevention, Control and Abatement of Environmental Pollution Prevention and Control of Air Pollution Prevention and Control of Water Pollution Wild Life Protection (Specific Reference To Sikkim) Forest Conservation Including Forest Conservation Act 1980, The nd 42 Amendment Act of The Constitution and The Protection of Rights of Scheduled Castes and Scheduled Tribes and Other Traditional Forests Dwellers Act 2006.

Hours 6 4 5 5

7

5 5 10 13

Reading List: 1. Desai, Bharat (2004) Institutionalizing International Environmental Law. New York: Transnational Publishers. 2. Divan, Shyam & Armin Rosencranz (2001) Environmental Law and Policy in India: Cases, Materials, and Statutes. New Delhi: Oxford University Press. 3. Government of India (1972) The Wild Life (Protection) Act (1972 4. Government of India (1974) The Water (Prevention and Control of Pollution) Act 5. Government of India (1980) The Forest (Conservation) Act 6. Government of India (1981) The Air (Prevention and Control of Pollution) Act, 7. Jaswal P.S Paramjit S. and Nishtha Jaswal (1999) Environmental Law: Environment Protection, Sustainable Development and the Law. Allahabad: Allahabad Law Agency. 8. Leelakrishnan P. (2008) Environmental Law in India. Wadhwa Nagpur: Lexisnexis Butterworths. 9. Shastri, Satish (2005) Environmental Law in India. New Delhi: Eastern Book Company. 10. Tiwari, A. K. (2006) Environmental Laws in India: Contribution of the Supreme Court. New Delhi: Deep and Deep Publications.

43

X Semester LAW-UG-X01: Gender Justice and Domestic Violence Unit I

II III IV

V

VI

VII

Topics Distinction Between "Sex" (Nature) and "Gender" (Culture) The Notion of Patriarchy Patriarchy as referring Male-Dominance Patriarchy as denoting Historical/Social Dimension of women's exploitation (Historical Sociological Conception). Notion of Discrimination, Paternalism Notions of Division of Labour Liberal, Radical, Socialist, Marxist, Post Modernism The Patriarchal Character of Public/Private Law Dichotomy Constitution and Constitution Making and Patriarchy Constitution Contains no Special Rubric "Women". Fundamental right against exploitation - Non Inclusion of Exploitation of Women - Domestic Labour No Recognition or value given. Constituent Assembly rejects inclusion in the draft of Article 23, 'Dedicated In The Name of Religion to be Devadasi' or Addition of Prostitution after Traffic in Human Beings. Equal Pay for Equal Work for Men and Women in Directive Principles. Six Women Specific Articles in the Whole Constitution (Both Fundamental Rights and Directive Principles and One Fundamental Duty). Patriarchal Character of Criminal Law Ways in which the Prosecutrix in "Rape" Cases becomes virtually The Accused. Notions of Adultery. Problems of Proof in Bigamous Marriage. Legislation on Sati. The Law Relating to Prostitution and Immoral Traffic. How Patriarchal was The Dowry Act (and still is in J & K Dowry Restraint Act, (1969). Legislative Process and Patriarchy Hindu Code Bill and Retention of Joint Hindu Family - Continued Discrimination against Women. Exclusion of Divorced Muslim Women from S. 125 Criminal Procedure Code (Giving Maintenance to Destitute Women) Under Muslim Women (Protection of Rights on Divorce) Act, (1987) Dowry Prohibition Act and Amendments. Sati Judiciary and Patriarchy Upholding The Offence of Adultery as being Special Provision for Women. Attitude to Wife's Rights to Work. 44

Hours 6

6 6 6

6

6

6

VIII

IX

Retention of Restitution of Conjugal Rights as a Matrimonial Remedy. Matrimonial Home - Whose Decision? What Constitutes Cruelty? Government, Public Undertaking and Patriarchal Values. Government Rules - Administrative Service and Foreign Service Regarding Married Women-Discriminatory Treatment. Indian Air Lines and Air India Service Rules Governing Air Hostesses. Orissa Government Disqualifying Married Women from post of District Judge Patriarchal Character of Legal Administration. Conception of Legal Administration, Law Enforcement Process and Women. Policing and Women, Custodial Rape. Correctional System and Women, Problems of Women Prisoners. Patriarchal Character Of Judicial Administration.

6

7

Reading List: 1. Agarwal, Bina (Ed.), (1988) Structures of Patriarch. London: Zed Books. 2. Bhasin, Kamia and Nighat Said Khan. (1986) Some Questions of Feminism and its Relevance in South Asia. New Delhi: Kali for Women 3. Kishwar, Madhu and Ruth Vanita. (1986) In Search of Answers. London: Zed Books. 4. Mininova, R. (1977) The October Revolution and Women's Liberation Movement .Constituent Assembly Debates. Vol. 7 (3.12.48). 5. Jayawardene, Kumari. (1986) Feminism and Rationalism in the Third World. London: Zed Books. 6. Duchen, Claire. (1986) Feminism in France. London: Routledge & Kegan Paul. 7. Bunslen, Varda. (1983) Masculine Dominance and The State 46 In Socialist Register 8. Andiappan P. ‘Public Policy and Sex Discrimination’ In Employment in India.14 Ijir. 395 (1978-79). 9. Macpherson, Kay. (1980) ‘International Aspects of Feminism’ In Status on Women News Vol. 6 No. 302. 10. Kelkar, Govind. Women in Post-Liberation Societies: A Comparative Analysis of Indian & Chinese Experiences.

LAW-UG-X02: Land Law and Housing Laws of Sikkim Unit I II III IV V

Topics Land Related Laws of Sikkim Gangtok Rent Control and Eviction Act, 1956 Sikkim Public Premises (Eviction of Unauthorized Occupants And Rents Recovery) Act, 1980 Laws Relating to Transfer of Property in Sikkim Comparative Reading of Constitutional Provisions with Reference 45

Hours 7 8 8 8 8

VI VII

to Land Laws of Sikkim Housing and Urban Development Related Laws of Sikkim Research Studies (This Topic is Exclusively for the Students to Conduct Research on Several Topics of the Subject)

8 8

Reading List: 1. Old Laws of Sikkim: The Sikkim Code from Volume I to latest Volume Published by the Law Department, Government of Sikkim, Gangtok. 2. Risley, HH. The Sikkim Gazetteer Latest Edition. 3. Lama, Mahendra P. The Sikkim Studies Series 4. Basu, D.D. (2008) Constitutional Law of India. Nagpur: Lexisnexis Butterworths Wadhwa. 5. Jain, M.P. (2006) Constitutional Law of India. New Delhi: Modern Publications. 6. Shukla, V. N. (1982) Constitutional Law of India. Lucknow: Eastern Book Co.

LAW-UG-X03: Public International Law Unit I II III IV V VI VII VIII IX

Topics Definition and Basis of International Law Sources of International Law Relationship between International Law and Municipal Law State Jurisdiction Nationality and Asylum Law of Treaties United Nations and Law of International Institutions Law of the Sea Conflict Resolution under International Law

Hours 5 6 4 10 10 8 10 8 7

Reading List: 1. Agarwal, H. O. (2000) International Law & Human Rights. Central Law Publications. 2. Anand, R. P. (2008) New State and International Law. Gurgaon: Hope India Publications 3. Bowett, D. W. (1982) The Law of International Institutions. Stevens Publishers. 4. Brownlie, Ian (1973) Principles of Public International Law. Clarendon Press 5. Harris, D. J. (1983) Cases and Materials on International Law. London: Sweet & Maxwell, 6. Oppenhein, L. (2005) International Law A Treatise. Clark: The Law Book Exchange Ltd. 7. Shaw, Malcom (2002) International Law. Cambridge: Cambridge University Press 8. Sorensen, Max (1968) Manual of Public International Law. Published By St. Martin's Press. 9. Verma, S. K. (2004) An Introduction to International Law. New Delhi: Phi Learning Private Limited

46

LAW-UG-X04: Eastern Himalayan Studies/Human Rights/Public Administration/Gender

LAW-UG-X05: Moot Court Exercise and Internship (Practical)

Unit I II

III

IV

Topic Moot Court: Each Student will do at least Three Moot Courts Prepare Memorial & Argument Presentation Observance of Trials Civil Trial-1 Criminal Trial-1 To be Recorded in a Diary Interviewing Technique, Pre-Trial Preparation & Internship Diary observance of interviewing session in lawyer’s office-2 To be recorded in a diary. Preparation of documents and court papers-recorded in a diary Viva Voce on the entire above units

Hours

Note: Students will have to put in four weeks of internship compulsorily in Semesters VI, VII, VIII, IX, X, and obtain a certificate of internship without which the Bar Council may not enroll them. The students must maintain diary. They will be evaluated in the X Semester along with moot court practical. The internship should be in the following institutions or organisations: NGO Trial and Appellate Advocates [Compulsory] Judiciary, Legal Regulatory Authorities, Legislatures And Parliament, Market Institutions, Law Firms, Companies, Local Self-Government, Other Legal Functionaries, Any other body approved by the university. This paper is a practical paper where the students are required to participate in the Moot Court exercise in their respective institution as well as they shall attend advocates’ chamber and Courts including Sikkim High Court and/ or other high courts in India and also The Supreme Court of India as a part of their internship. Detail design of the subject is left to the subject teacher. Reading List: Note: Students will have to put in four weeks of internship compulsorily in Semesters VI, VII, VIII, IX, X, and obtain a certificate of internship without which the Bar Council may not 47

enroll them. The students must maintain a diary. They will be evaluated in the X Semester along with moot court practical. The Internship should be in the following institutions or organisations: NGO Trial and Appellate Advocates [Compulsory] Judiciary, Legal Regulatory Authorities, Legislatures And Parliament, Market Institutions, Law Firms, Companies, Local Self-Government, Other Legal Functionaries, Any Other Body Approved by the University. This paper is a practical paper where the students are required to participate in the Moot Court exercise in their respective institution as well as they shall attend advocates’ chamber and courts including Sikkim High Court and/ or other high courts in India and also the Supreme Court of India as a part of their internship. Detail design of the subject is left to the subject teacher.

LAW-UG-X06: Drafting and Pleading and Conveyance (Practical) Unit I II III IV V VI

Topics Pleading Drafting of Writ Petitions and PIL Conveyance Client Interviewing and Counseling Observations of Trials and Pretrial Preparations Drafting Legal Opinions

Hours 9 9 9 9 10 9

Reading List: Ganguly, Atul Chandra and M. R. Mallick (1989) Ganguly’s Civil Court Practice and Procedure. New Delhi: Eastern Law House.

48