LL.M. Syllabus

Course Content

1. 01

   What is a Constitution? Constitution, Constitutional Law and Constitutionalism. Concept of Limited Government and limitations on government power. Conventions of constitutionalism- Law and conventions. Historical evaluation of constitutional government in India and England.

2. 02

   Rule of Law. Concept and new horizons; Separation of powers. Concept and its applicability in India and England.

3. 03

   Sovereignty of British Parliament, Powers and Functions Privileges of the Parliament and Courts- Indian and British position.

4. 04

   The King of England. Prerogatives of the Crown. Position of the Kind in England. Cabinet System of government in India and England.

5. 05

   The Judicial system in England. Crown Proceeding Act 1947. Judicial Review and Constitutionalism in India. Prerogative writs.

Books Recommended

• Begehot Walter, The English Constitution.
• Boqdanor Vernon, The New British Constitution.
• Hidayatullah M., Constitutional Law of India.
• Jain M.P., Constitutional Law.
• King Anthoni, The British Constitution.
• Pandey J.N., Constitutional Law of India.
• Seervai H.M., Constitutional Law of India.
• Shukla V.N., Constitutional Law of India.

Course Content

1. 01

   Concept of Federalism. Requisite conditions of federalism Patterns of federal government of U.S.A. and Australia. Federal Control v. State autonomy.

2. 02

   Indian Federal Constitution and its present shape.

3. 03

   The changing dimension of modern federal Constitutions New trends in federalism. National supremacy. Cooperative Federalism.

4. 04

   The scheme of the distribution of legislative powers in India and a comparative study of the scheme of U.S.A. and Australia. The specific legislative powers: Defence & External affairs.

5. 05

   Emergency provisions. Effect of Emergency on the federal structure. Judicial approach. Indian and American experiences.

6. 06

   Judicial Review for federal Umpiring. Scope of judicial review in the federal Constitutions. The approach of Indian & American Supreme Court.

7. 07

   Scope of Constituent power. Amending process and process in action. Judicial response. The direction of the Indian constituent power.

Books Recommended

• Amar Akhil Reed, America’s Constitution: A Select Bibliography.
• French Robert, Lindell Geoffrey and Saunders Cheryl (ed.), Reflections on the Australian Constitution.
• Hidayatullah M., Constitutional Law of India.
• Jain M.P., Constitutional Law.
• Landynski Jacob & Padover Saul, The Living U.S. Constitution.
• Mason, The Australian Constitution in Retrospect and Prospect.
• Pandey J.N., Constitutional Law of India.
• Saunders Cheryl, The Constitution of Australia.
• Seervai H.M., Constitutional Law of India.
• Shukla V.N., Constitutional Law of India.
• Stevens Richard G., The American Constitution and Its Provenance.
• Vile John R., A Companion to the United States Constitution and Its Amendments.

Course Content

1. 01

   Constitutional basis for protection of Individual rights. Balance between individual liberty and social needs. To whom and against whom Rights are available. Suspension of Rights.

2. 02

   Right to Equality. General principles. Protective discrimination with special references to emerging judicial response to the problems of group inequalities. Comparative study of the decisions of the Indian and American courts.

3. 03

   Freedom of Speech and Expression: Special attention will be paid to the liberty of Press as interpreted by the Indian Supreme Court and to the interpretation of the freedom guaranteed by the First Amendment of the American Constitution.

4. 04

   Right to life and Personal Liberty: Judicial determination of the scope of the term “personal liberty’, “procedure established by law” and the American expressions “liberty’ and ‘due process”. Radical changes in judicial thinking in this area.

5. 05

   Freedom of Religion Judicial interpretation of the freedom under the Constitution of India and of the United States.

6. 06

   Amendment of Rights: Adaptability of the Constitutional law to the changing needs of the society. Power and Procedure for amendments of these rights under the American and Indian constitution.

7. 07

   Elections and the Franchise: Constitutional foundation of the right to vote. The voting rights Acts. Judicial supervision of Elections.

Books Recommended

• Amar Akhil Reed, America’s Constitution: A Select Bibliography.
• Begehot Walter, The English Constitution.
• Boqdanor Vernon, The New British Constitution.
• Hidayatullah M., Constitutional Law of India.
• Jain M.P., Constitutional Law.
• Landynski Jacob & Padover Saul, The Living U.S. Constitution.
• Pandey J.N., Constitutional Law of India.
• Saunders Cheryl, The Constitution of Australia.
• Seervai H.M., Constitutional Law of India.
• Shukla V.N., Constitutional Law of India.
• Stevens Richard G., The American Constitution and Its Provenance.
• Vile John R., A Companion to the United States Constitution and Its Amendments.

Course Content

1. 01

   Historical Perspectives: Early period, Gram Swaraj-the Gandhian concept

2. 02

   Constitutional Scheme: Directive Principles, Structure and powers of local bodies

3. 03

   Legislative Powers: Direct democracy and grass root planning, Municipalities and corporation, gram Sabha

4. 04

   Quasi-legislative Powers: Rule making power of the State Government, Regulations and Bye-laws

5. 05

   Financial Powers: Levying taxes, Licensing power, Financial resources and powers

6. 06

   Judicial and Quasi-judicial powers of the Local Bodies

7. 07

   Election to Local Bodies

8. 08

   Conduct of Meetings – Corporation, Municipal Council, Panchayat Committee and Gram Sabha

9. 09

   Institutional and Judicial Control

Books Recommended

• Dhaliwal S.S., Local Self Government.
• Jain M.P., Constitutional Law.
• Mudgal Rahul, Local Self Government in India.
• Pandey J.N., Constitutional Law of India.
• Seervai H.M., Constitutional Law of India.
• Shukla V.N., Constitutional Law of India.
• Swami Satpal, Local Self Government.
• Vidyasagar I.S., Local Self Government – Theoritical Perspective.

Course Content

1. 01

   Formation of Contract: A critical study of offer and acceptance.

2. 02

   Doctrine of Consideration and Privity of Contract

3. 03

   Capacity to contract: Nature of minor’s agreements and the doctrine of restitution.

4. 04

   Consent: Meaning, importance and the factors vitiating free consent with special reference to Fraud and Misrepresentation.

5. 05

   Standard form Contracts.

6. 06

   Void Agreements: With special reference to agreements relating to restraint of trade and wagering agreements.

7. 07

   Discharge of contracts with special reference to the doctrine of frustration.

8. 08

   Relations resembling those created by contract.

9. 09

   Remedis in the form of compensation.

Books Recommended

• Anson’s Law of Contract.
• Bangia R.K. (Dr.), Indian Contract Act
• Desai S.T., The Indian Contract Act
• Kapoor S.K., Contract
• Moitra A.C., (Dr.), Principles and Digest of Indian Contract Act.
• Pollock and Mulla, Indian Contract and Specific Relief Act
• Singh Avtar (Dr.), Law of Contract

Course Content

1. 01

   Contract of Indemnity: Definition and nature of contract of indemnity, Extent and commencement of liability.

2. 02

   Contract of Guarantee: Meaning and Essentials of Contract of Guarantee, Extent of Surety’s Liability, Discharge of Surety’s Liability, Rights of Surety.

3. 03

   Contract of Bailment & Pledge: Meaning and Essentials of Contract of Bailment, Duties of Bailer and Bailee, Rights of Bailee, Meaning and Essentials of Pledge and persons entitled to pledge.

4. 04

   Contract of Agency: Nature and Essentials of Contract of Agency, Creation of Agency: Implied Agency and Agency of Necessity, Agency by Ratification, Termination of Agency.

5. 05

   Delineation of Sale, Essentials of Contract of Sale and Agreement to Sale, Duties of Sellers and Buyers, Sale by Sample, Sale by Description, Conditions and Warranties, Rule of Caveat Emptor.

6. 06

   Transfer of Title, Passing of Property in Goods, Delivery of Goods – Rules regarding Delivery of Goods, Unpaid Seller and his Rights, Remedies for the Breach of Contract.

7. 07

   Network of Partnership, Difference between Partnership and a Company, Mutual relationship between Partners, Authority of Partners, Dissolution of Partnership, Minor as Partner. Effect of non-registration of Firm.

8. 08

   Limited Liability Partnership.

Books Recommended

• Anson’s Law of Contract.
• Bangia R.K. (Dr.), Indian Contract Act
• Desai S.T., The Indian Contract Act
• Kapoor S.K., Contract
• Moitra A.C., (Dr.), Principles and Digest of Indian Contract Act.
• Narayena P.S., The Law of Partnership.
• Pollock and Mulla, Indian Contract and Specific Relief Act
• Singh Avtar (Dr.), Law of Contract.

Course Content

1. 01

   Introduction – History of Company Legislation, Characteristic features of company, Lifting of Corporate veil, Kind of companies.

2. 02

   Memorandum and Articles of association – Meaning, Contents and alteration, Doctrine of Ultra Vires, Doctrine of Indoor Management.

3. 03

   Prospectus – Meaning, definition and contents of a prospectus, statement in lieu of prospectus, Mis – Statement in a prospectus and their consequences.

4. 04

   Share and Share Capital – Meaning and Kinds of Shares, Allotment, Forfeiture, Transfer, Transmission of Shares, Underwriting and Brokerage, Bonus shares, Right shares, Reduction of Share Capital.

5. 05

   Investment, loans and borrowings – Investments, Charges, Debentures, Kinds of Debentures, Debenture Trust deed.

6. 06

   Company Management- Qualification and Disqualification of directors, appointment and removal of directors, legal position, duties, liabilities and power of directors.

7. 07

   Company Meetings – Types / Kinds of Meeting, Quorum and resolution of meetings

8. 08

   Majority Rule and Minority Protection – Foss v. Harbottle, Exception to the rule, Prevention of oppression and Mismanagement.

9. 09

   Amalgamation, Merger Take over and Reconstruction.

10. 10

    Winding –up – Modes of Winding up, Dissolution of Companies, Liquidators, NCLT.

11. 11

    Corporate Governance and Corporate Social Responsibility.

Books Recommended

• Majumdar A.K., Company Law and Practice.
• Kapoor G.K. (Dr.) & Gower L.C.B., Principles of Modern Company Law.
• Singh Avtar (Dr.), Indian Company Law.
• Ramayya A., A Guide to Companies Act.
• Rai Kailash, Principles of Company Law.
• Dhingra L.C. (Dr.), Principles of Company Law
• Tripathi S.C. (Dr.), Modern Company Law.
• The Companies Act, 2013.

Course Content

1. 01

   Introduction: Nature and development of banking. History of banking in India and elsewhere-indigenous baking-evolution of banking in India-different kinds of banks and their functions, Multi-functional banks- growth and legal issues.

2. 02

   Law relating to Banking Companies in India: Controls by government and its agencies. On management, On accounts and audit, Lending, Credit policy, Reconstruction and reorganization, Suspension and winding up, Contract between banker and customer; their rights and duties.

3. 03

   Social Control over Banking: Nationalization, Evaluation: private ownership, nationalization and disinvestments, Protection deposit ors, Priority lending, Promotion of under privileged classes.

4. 04

   Deposit Insurance: The Deposit Insurance Corporation Act 1961: Objects and Reasons, Establishment of Capital of DIC, Registration of banking companies insured banks, liability of DIC to depositors, Relations between insured banks, DIC the Reserve Bank of India.

5. 05

   The Central Bank: Evolution of Central Bank, Characteristic and functions, Economic and social objectives, The Central Bank and the Sate as bankers’ bank, The Reserve Bank of India as the central Bank, Organizational structure, Functions of the RBI, Regulation monitory mechanism of the economy, Credit control, Exchange control, Monopoly of currency issue, Bank rate policy formulation, Control of RBI over non-banking companies, Financial companies, Financial companies, Non-financial companies.

6. 06

   Relationship of Banker and Customer: Legal character, Contract between banker and customer, Banker’s lien, Protection of bankers, Customers, Nature and type of accounts, Special classes of customers-lunatics, minor, partnership, corporations, local authorities Banking duty to customers, Consumer protection: baking as service.

7. 07

   Negotiable Instruments: meaning and kinds, Transfer and negotiations, Holder and holder in due course, Presentment and payment, Liabilities of parties.

8. 08

   Lending by Banks: Good lending principles, Lending to poor masses, Securities for advances, Kinds and their merits and demerits, Repayment of loans: rate of interest, protection against penalty, Default and recovery, Debt recovery tribunal.

9. 09

   Recent Trends of Banking System in India: New technology, Information technology, Automation and legal aspects, Automatic teller machine and use of internet, Smart card, Use of expert system, Credit cards.

10. 10

    Reforms in Indian Banking Law: Recommendations of committees: a review.

Books Recommended

• Bangia R.K., Negotiable Instrument Act.
• Bashyam & Adiga: The Negotiable Instrument Act.
• Chorley Lord, Law of Banking.
• Faizi O..P., The Negotiable Instrument Act.
• Gupta S.N., Banks and the Customer Protection Law.
• Gupta S.N.,The Banking Law and Practice in India.
• Megrah Maurice & Ryder F.R., Pagets Law of Banking.
• Parthasarathy M.P., Negotiable Instrument Act.
• Singh Avtar (Dr.), Negotiable Instrument Act.
• Tannen M.L., Banking Law and Practice in India.

Course Content

1. 01

   Criminal Jurisprudence in Primitive and Ancient Ages.

2. 02

   Development of Criminal Law in India and England in Medieval Period.

3. 03

   Place of Criminal Law in Criminal Science.

4. 04

   Nature and Definition of Crime including distinction between Ethical, Moral, Civil, and Criminal wrongs.

5. 05

   Capacity to commit crime including Corporate Liability.

6. 06

   Mental Element in Crime.

7. 07

   Causation in Crime including Remoteness and types of harm.

8. 08

   Subjective Liability in Crime.

9. 09

   Holme’s Theory of Objective Liability.

10. 10

    Strict Responsibility in Crime including difference with Absolute Liability.

Books Recommended

• Huda S.S, Principles of Law of Crimes in British India, Tagore Law Lecturer, 1902.
• Kenny C.S., Outlines of Criminal Law.
• Nigam R.C., Law of Crime in India, Vol. I (Principles of Criminal Law.)
• Pillai P.S.A, Criminal Law.
• Smith J.C. & Hogan B, Criminal Law.
• Williams G.L., Criminal Law.

Course Content

1. 01

   Basics of Punishment – Concept, Definition and elements, Schools of Penology, Approaches to Punishment – Punitive, Therapeutic and Preventive.

2. 02

   Justification of Punishment – Retribution, Utilitarian Prevention-Deterrence, Behavioural Prevention – Incapacitation, Behavioural Prevention – Expiation.

3. 03

   Theories of Punishment – Theory of Cultural Consistency, The Scape goat theory, Social Structure theory.

4. 04

   Forms of Punishment.

5. 05

   The Problem of Capital Punishment – Constitutionality of Capital Punishment, Controversy in the context of effectiveness of Capital punishment, Judicial Attitude.

6. 06

   Imprisonment – Evolution and development of Prison system Prison system in Modern India. Prison reforms in India.

7. 07

   Treatment of offenders- Concept of treatment of offenders, Probation, Open Prison.

8. 08

   Juvenile Justice – Juvenile delinquency, Treatment and rehabilitation of Juveniles.

9. 09

   New Dimension of Penology – Compensation to victim (Victimology).

Books Recommended

• Fitzgerald, Punishment.
• Hart H.L.A, Punishment & Responsibility.
• Oppenheimer, Rationale of Punishment.
• Packer Iterbert L., Limits of Criminal Sanction.
• Ross A., On Guilt, Responsibility & Punishment.
• Shukla K.S., Sociology of Deviant Behavior.
• Siddiqui A., Criminology.
• Sutherland, E. and Cressy, Principles of Criminology.

Course Content

1. 01

   Basics of Criminology – Definition, Nature,Scope and Methods of Study Criminology.

2. 02

   Schools of criminology – Classical, Cartographic, Socialist, Positivistic, Biological and Sociological.

3. 03

   Etiology of Crime – Theories.

4. 04

   Modern trends in criminology.

5. 05

   Privileged Class Deviance – Concept of white collar crime, socio-economic, crime and privileged class deviance.

6. 06

   The Distinction between traditional offences and Privileged class Deviance.

7. 07

   Typical forms of privileged Class Deviance – Business deviance, official deviance and professional deviance.

8. 08

   Response to the deviance of privileged classes.

Books Recommended

• Alf Ross, On Guilt, Responsibility and Punishment
• Barnes and Tetters, New Horizan in Criminology
• Boxi, Upendra, Law and Poverty: Essays.
• Boxi, Upendra, The Crises of Indian Legal System.
• Chhabbra, S., The quarilum of Punishment
• Garofolo, Criminology Part I, II, III
• Hort, H.L.A., Punishment and Responsibility
• Shukla, K.S., Sociology of Deviance Behaviour.

Course Content

1. 01

   Genesis and Evolution of Tort – Forms of Action, The Writ of Trespass and the Writ of Trespass on the Case (The Case).

2. 02

   Definition, Nature, Scope, Distinctions with other Civil wrongs

3. 03

   Principle of Liability in Tort – Strict Liability, absolute Liability, Vicarious Liability.

4. 04

   General Exceptions and Justifications in Torts.

5. 05

   Assessment of Damages: Judicial Approach.

6. 06

   State Liability – Doctrine of Sovereignty and its relevance in India.

7. 07

   Remedies – Judicial and Non – judicial.

Books Recommended

• Bangia R.K., The Law of Torts.
• Kapoor S.K., Law of Torts.
• Lal Rattan & Lal Dhiraj, The Law of Torts.
• Paranjape N.V., Law of Torts.
• Salmond W.G., Law of Torts.
• Winfield and Jolowicz, Torts.

Course Content

1. 01

   Importance and Scope of Administrative Law;

2. 02

   Rule of Law;

3. 03

   Separation of Powers;

4. 04

   Delegated Legislation: a. Constitutionality; b. Judicial Control; c. Parliamentary Control; d. Procedural Control

5. 05

   Ombudsman in India (Lokpal)

6. 06

   Central Vigilence Comission

7. 07

   The Commission of Inquiry Act, 1952.

Books Recommended

• Basu D.D., Comparative Administrative Law.
• Jain M.P. & Jain S.N., Principles of Adminstrative Law.
• Joshi K.C., Administrative Law.
• Massey I.P., Administrative Law.
• S.P.Sathe, Administrative Law.
• Takwani C.K., Lectures on Administrative Law.
• Thakkar C.K., Administrative Law.
• Wade H.P.W., Principles of Administrative Law.

Course Content

1. 01

   Judicial Review of Discretionary Power.

2. 02

   Writ of Habeas Corpus

3. 03

   Writ of Mandamus.

4. 04

   Writ of Certiorari.

5. 05

   Writ of Prohibition.

6. 06

   Writ of Quo-warranto.

7. 07

   Natural Justice: Rule Against Bias, Opportunity of Hearing (Audi alteram partem).

8. 08

   Administrative Tribunals.

9. 09

   Domestic Inquiries.

10. 10

    Administrative Finality.

11. 11

    Role of Declaratory Decree as Public Law Remedy.

12. 12

    Role of Injunction as Public Law Remedy.

Books Recommended

• Basu D.D., Comparative Administrative Law.
• Jain M.P. & Jain S.N., Principles of Adminstrative Law.
• Joshi K.C., Administrative Law.
• Massey I.P., Administrative Law.
• S.P.Sathe, Administrative Law.
• Takwani C.K., Lectures on Administrative Law.
• Thakkar C.K., Administrative Law.
• Wade H.P.W., Principles of Administrative Law.

Course Content

1. 01

   Nature and definition of Contract of Insurance – Definition of Contract of Insurance, Contract is ‘Aleatory’, Contract of utmost good faith, Contract of indemnity, Contract of Wager.

2. 02

   General Principle of Law of Insurance – The Risk – Commencement, Attachment and duration, Assignment and alteration, Settlement of Claim and Subrogation, Effect of War upo n policies, Insurable Interest, Double Insurance and Re- Insurance.

3. 03

   Life Insurance – Nature and scope, Event insured against Life Insurance Contract, Circumstances affecting the risk, settlement of claim and payment of money.

4. 04

   Marine Insurance – Nature and scope, Classification of marine policies, Insurable interest, Insurable value, Voyage – deviation, Perils of the Sea, Assignment of Policy.

5. 05

   Property Insurance – Fire Insurance, Policies covering accidental loss, damage to property, Risk of explosion, Storm and tempest, Burglary and theft policies, Goods in transit insurance, Agriculture insurance.

6. 06

   Insurance against accidents and third party risks, Assessment of Compensation, Contributory Negligence, Apportionment of compensation and liability, Compulsory insurance, Liability Insurance, Public Liability Insurance.

7. 07

   Miscellaneous – Group Life Insurance, Medi -claim, Sickness Insurance, Insurance Regulatory and Development Authority.

Books Recommended

• Mishra M.N., Principles of Insurance and Practices.
• Mishra M.N., Principles of Insurance.
• Rao C.R., Treaties on the Law of Insuranc.
• Singh Brij Nandan, Insurance Law.
• Ray R.M., Life Insurance in India.
• Singh Avtar, Law of Insurance.

Course Content

1. 01

   Stages of Criminal Liability.

2. 02
   1. Tests to determine attempt.
   2. Liability for impossible attempts.
3. 03

   Concept of Inchoate Crimes and Principal and Accessories.

4. 04

   Vicarious Liability.

5. 05

   Liability for Abetment.

6. 06

   Joint Liability.

7. 07

   Constructive Liability.

8. 08

   Excusable defences.

9. 09

   Justifiable defences.

10. 10

    Mitigating defences.

Books Recommended

• Huda S.S, Principles of Law of Crimes in British India, Tagore Law Lecturer, 1902.
• Kenny C.S., Outlines of Criminal Law.
• Nigam R.C., Law of Crime in India, Vol. I (Principles of Criminal Law.)
• Pillai P.S.A, Criminal Law
• Smith J.C. & Hogan B, Criminal Law
• Williams G.L., Criminal Law.

Course Content

1. 01

   Assault Battery etc.

2. 02

   Defamation

3. 03

   Malicious Prosecution

4. 04

   Trespass to land, goods, person etc.

5. 05

   Injurious Falsehood, Deceit

6. 06

   Negligence

7. 07

   Nuisance

8. New Horizons of tort

9. 01

   Cyber torts

10. 02

    Environmental torts

11. 03

    Economic torts (I.P.R. etc)

12. 04

    Domestic violence and Injuries to Domestic Relations.

Books Recommended

• Bangia R.K., The Law of Torts.
• Kapoor S.K., Law of Torts.
• Lal Rattan & Lal Dhiraj, The Law of Torts.
• Paranjape N.V., Law of Torts.
• Salmond W.G., Law of Torts.
• Winfield and Jolowicz, Torts.