LAW OF TORTS
- Nature and Principles of Tort : Historical development of Laws of Torts and applicability in India. Basic foundation of Law of Torts, Meaning, Ingredients, Relevancy of Mens Rea & Malice, , Felonious & Foreign Tort, Constituents of Tortuous liability.
- Immunity from tortuous liability – Husband and wife relationship, married women and Act of State.
- Justification – Inevitable accident, Act of God, Statutory Authority, Volenti-non fit injuria.
- Vicarious liability – By relation and ratification – Doctrine of Course of employment, Common employment, Independent Contractor.
- Remedies & Damages : Judicial & Extra-judicial remedies Direct & consequential Cause, Remoteness test
- Special Torts : (a) As to person – Assault, Battery, Mayhem & False imprisonment, Malicious Prosecution, Defamation, (b) As to Property: Trespass, Trespass ab-initio.
- Nuisance and Negligence.
- Definition, meaning, nature, classification, and value of Jurisprudence, Meaning of law, Relationship between law and Morality
- Legal theories – Analytical Theory, American Realism, Natural Law theories, Pure theory of Law, Sociological theories, Historical School
- Sources of Law – Legislation, Precedents and Custom
- Administration of Justice- Meaning and various theories of punishment
- Legal Right : Meaning, basis and elements of Legal Right, Relation between rights and duties, Kinds of Legal rights.
- Ownership : Meaning and characteristics of ownership, Kinds of ownership
- Possession : Meaning, elements of possession, Kinds of Possession, Distinctions between ownership and Possession.
- Personality : Meaning, Natural Person and Artificial Person, Legal Status of Animals, dead persons and unborn Persons, Theories of Corporate personality
- Historical Background; Nature of constitution, features of constitution.
- Formation, State (Art. 2, 3, 4), Citizenship (Art. 5, 6, 7, 8, 9, 10, 11 of Citizenship Act)
- State (Art. 12), Pre-constitutional & Post Constitutional operation (Art. 13) Right to Equality (Art. 14 to Art. 18)
- Right to Freedom (Art. 19-22)
- Right against Exploitation (Art. 23-24), Right to Freedom of Religion (Art. 25- 28), Cultural & Minorities Rights (Art. 29-30)
- Overriding effect of Directive Principles on FRS (Art. 31, 31A, 31B, 31C), Constitutional Remedies (Act. 32) Judicial Review, Judicial Activism.
- Directive Principles of State Policy ; Relation between D.P.S.P & F.Rts, Difference between DPSP & F.Rts,
- Enforceability of DPSP through Judiciary, Conversion of DPSP to F.Rts. (Environment, Education & Forest), Fundament Duties enforceability.President : Qualification, election, removal (impeachment); & Powers comparative study with Governor of State Governor : qualification election, removal powers.
- Parliament : constitution, qualification for membership, duration; & Powers, Privileges & immunities of its members; Legislatures in state : Constitution, duration; qualification, powers, privileges and immunities of member of state legislature.
- Legislative Procedure : Rules of procedure to introduce a bill, passing of Bills, Definition of Money Bill, Special Procedure to Pass money Bill, Resolution of deadlock.
- 4Union Judiciary : Establishment & Constitution of Supreme Court, qualification, appointment, disqualification, removal of Judges; Power & Jurisdiction of S.C. State judiciary : Constitution, Powers & jurisdiction of High Courts; Appointment, qualification, disqualification, removal of judges of a high court, District Court, Judicial Independence.
- Legislative Relation : Art. 245 to 255.
- Liability of State : (Art. 299, 300), Right to Property (Art. 300A), Freedom of Trade, Commence & intercourse (Art. 302 to 308).
- Service under the constitution : Doctrine of pleasure (Art. 310, 311), Union & State Commissions (Art. 315 – 319), Administrative Tribunal meaning & Scope. 8. Emergency : Proclaimation of emergency, effects (Art. 352-360), Constitutional amendments (Art. – 368), Doctrine of basic structure.
FAMILY LAW – I
Textual Hindu Law
- Sources of Hindu Law,
- Hindu Joint Family System and Copercenary,
- General Principles of succession under the Dayabhaga and the Mitakshara systems,
- Women’s property and stridhan
- Distinction between Dayabhaga and the Mitakshara systems and effect of modern statutes
Statutory Hindu Law
- Hindu Marriage Act, 1955
- Hindu Succession Act, 1956
- Hindu Adoption and Maintenance Act, 1956
- Hindu Minority and Guardianship Act, 1956
- Special Marriage Act, 1954
FAMILY LAW – II
- Concept and Background of Muslim Law
- Sources & Schools, Muslim Law as applied and interpreted in India
- Marriage, Dower and maintenance
- Dissolutions of Marriage
- Gift, Wills, Waqf and Administration of Estate
CIVIL PROCEDURE CODE AND LIMITATION ACT
- Section- 2 Jurisdiction of Civil Courts Principles of Res. Judicata – Constructive res judicata as embodied in Explanation IV or Section II.
- Place of Suing – Section 15 to 21A Power of transfer and General power of transfer and withdrawal of suits (Section 22 to 25). Service of Summons to Defendants under different circumstances; Section 27 to 29 and order V. Execution of decrees and orders – Section 31 to 74 Temporary injunction (Order XXXIX).
- Suits by or against Govt. or Public Officer in the Official capacity (Secs. 79 to 81) Notice to the Govt. or Public Officer (Section 80) Interpleader Suits – Section 88 and order XXXV. Filling of a suit in respect of public Nuisance (Section 91).
- Appeals – from original decrees Second appeal when Sec.5 lies – Appeals from orders – Powers of appellate court When appeal lies to the Supreme Court (Section 96 to 112 and Orders XLI to XLIII).
- Review of Judgements (Section 114- Revision of Judgement (Section 115)
- Right to lodge a Caveat by a person claiming a right to appear before the court – Section 148A.
- Inherent power of court to make order for the ends of justice or to prevent abuse of the process of Court (Sec. 151) – Amendments of judgements, decrees and orders (Section 152) 8. Appeals by indigent persons – Suits in favour of paupers
- The Limitation Act 1963
LAW OF CRIMES
Indian Penal Code 1860 (As Amended upto 2013)
- Chapter I – Introduction
- Chapter II – General Explanations
- Chapter IV – General Exceptions
- Chapter V – Abetment
- Chapter VA – Criminal Conspiracy
- Chapter VI – Offences Against the State
- Chapter VIII – Offences against the Public Tranquility
- Chapter XI – False Evidence and Offences against Public Justice
- Chapter XVI – Offences Affecting Human body
- Chapter XVII – Offences against Property
- Chapter XX – Offences relating to Marriage
- Chapter XXI – Defamation
- Chapter XXII – Criminal Intimidation etc.
CRIMINAL PROCEDURE CODE
The Code of Criminal Procedure 1973
- Chapter I Preliminary
- Chapter II Constitution of Criminal Courts and Offices
- Chapter III Powers of Course
- Chapter V Arrest of Persons
- Chapter VI Processes to Compel Appearance
- Chapter VII Processes to Compel the Production of things
- Chapter VIII Security for keeping the peace and for good behavior
- Chapter IX Order for Maintenance of Wives, Children and Parents.
- Chapter X Maintenance of Public Order and Tranquility
- Chapter XI Preventive Action of the Police
- Chapter XII Information to the Police & their Powers to Investigate
- Chapter XIII Jurisdiction of the Criminal Courts in Inquiries and Trials
- Chapter XIV Conditions Requisite for initiation of proceedings
- Chapter XV Complain to Magistrates
- Chapter XVI Commencement of Proceedings before Magistrates
- Chapter XVII The Charge
- Chapter XVIII Trial before a Court of Session
- Chapter XIX Trial of warrant-cases by Magistrates
- Chapter XX Trial of Summons Cases by Magistrates
- Chapter XXI Summary Trials
- Chapter XXIV General Provisions as to Inquiries and Trials
- Chapter XXIX Appeals
- Chapter XXX Reference and Revision
- Chapter XXXI Transfer of Criminal Cases
- Chapter XXXIII Provisions as to Bail and Bonds
- Chapter XXXV Irregular Proceedings
- Chapter XXXVI Limitation for Taking Cognizance of Certain Offences
LAW OF EVIDENCE
The Indian Evidence Act 1872
- Relevancy of Facts
- Facts which need not be proved
- Oral and Documentary Evidence
- Exclusion of Oral or Documentary Evidence
- Burden of Proof
- Witnesses and Examination of Witnesses
- Improper Admission and Rejection of Evidence
- Nature and Scope including Definition of Administrative Law.
- Classification of Administrative Actions.
- Subordinate Legislations – Types, Control and reasons of its growth.
- Norms of Natural Justice – Rule against bias, Right to be heard and Reasoned decisions.
- Ombudsman – Lokpal and Lokayuktas
- Public Undertakings – its types and control and reasons of their growth.
- Judicial Control of Administrative Actions – Writs, Special Leave to Appeal, Statutory control and equitable remedies; Judicial Review and P.I.L. 8. Administrative Tribunals
HUMAN RIGHTS LAW
- Introduction to Human Rights
- Philosophy, History and Development of Human Rights
- International Human Rights Laws – (a) Universal Declaration of Human Rights 1948. (b) International Convenant on Civil and Political Rights – 1966. (c) International Covenant on Economic, Social And Cultural Rights – 1966. (d) Two Protocols of 1966 & 1989
- The Protection of Human Rights Act 1993
- Human Right Provisions in the Indian Constitution
- Role of Judiciary, Media & NGOs in the protection of Human Rights in India
- Humanitarian Law – Concept and Sources.
LABOUR AND INDUSTRIAL LAW
Industrial Disputes Act
- Object of the Act.
- Definition of Industry and Industrial Dispute, Appropriate Govt. Average pay, Award, Controlled Industry, Employer, layoff, Lockout, strike etc. workmen.
- Procedure for the settlement of dispute and Authorities under the Act. References of dispute, voluntary references to arbitration, Awards and settlement.
- Strike and Lock out – Prohibition, illegality penalties.
- Lay off, Retrenchment of workers, Transfer and closing down of undertaking.
- Miscellaneous – Change of condition of service, unfair labour practices, Protected workman, Representation of parties, Recovery of money due from employers.
Trade Unions Act
- Scope and the object of the Act.
- Definitions : Trade Union, Trade dispute, Registrar, workmen etc.
- Registration of the Trade Union.
- Rights and privileges of Registered Trade Union, dissolution etc.
- Collective bargaining and trade union.
- Unfair labour practices, Penalities and miscellaneous
The Factories Act
- Object of the Act.
- Definitions : Sec. 2 of the Act.
- Approval and Licensing.
- Powers and functions of the Inspecting staff i.e. Inspector and certifying surgeon.
- Provisions of Health, Safety and Welfare measures.
- Working conditions of Adult, Adolescent and Child workers including women.
- Annual leave with wages.
The Workmen’s Compensation Act,1923 / The Employee’s Compensation Act,2010
- Scope and objective of the Act including definitions under Sec. 2 of the Act.
- Liability and defence against workmen’s compensation.
- Amount and distribution of compensation.
- Notice and claim of compensation, requirement under fatal accident.
- Liability of the master for the act of third party.
- Commissioner : Appointment, Powers, reference, settlement of dispute.
- Registration of agreement and effect of non-registration.
- Appeals, recovery etc.
The Minimum Wages Act,1948
- Scope and object of the Act (including definitions, concept of fair wage and living wage).
- Fixation and revision of minimum wage.
- Enforcement of the Act.
- General Principles; Definitions of Insurance
- Essential Elements : Insurable Interest; Materiality of Facts
- Life Insurance
- Fire Insurance
- Marine Insurance
- Liability Insurance
- The Insurance Act, 1938
- The Insurance Regulatory and Development Authorities Act, 1999.
LAW OF CONTRACT
- Fundamental basis of the Law of Contract
- Formation of Contract and the Fundamental rules relating to the agreement with special reference to Indian and English Law
- Essential conditions of a contract with special reference to Indian and English Law , (Including chapters on minor, consideration free consent and vitating factors; void, Illegal agreement, voidable contract etc., with detailed studies on general and specific rules
- Contingent Contract
- Discharge of Contract . The chapter includes rules of performance, quasi contracts, doctrine of frustration, breach of contract and remedies thereof, etc.
- Sale of Goods Act, 1930
- Indian Partnership Act, 1932
- Indian Contract Act relating to Specific Contracts, Indemnity, Guarantee, Pledge, Bailment and Agency.
Intellectual Property Right
- GEOGRAPHICAL INDICATION
- Concept of Company and history of company Legislations in India.
- Procedure relating to formation of a Company
- Finance of Company
- Management of Company affairs.
- Majority rule
- Control of Company affairs
- Procedure relating to winding up of a Company
- Miscellaneous provisions
Transfer of Property Act, 1882
- Transfers of Property by Act of Parties
- Sales of Immovable Property
- Mortgages of Immovable Property
- Leases of Immovable property
- Transfers of Actionable Claims
The Indian Easements Act, 1882 ( Sections – 4-19, 37-51,52-64)