LL.B. SyllabusFirst year — Semesters I & II

Introduction and principles of liability in tort

1. Nature and definition of tort.
2. Development of tort action in England and India — tort distinguished from contract, quasi-contract and crime.
3. Constituents of tort — wrongful act, damage and remedy.
4. Liabilities — strict liability and absolute liability; vicarious liability: scope and justification.
5. Conditions of liability including damnum sine injuria, injuria sine damno; remoteness of damages. Maxims: ubi jus ibi remedium, res ipsa loquitur, volenti non fit injuria, etc.
6. Doctrine of sovereign immunity.

Justification in tort / general defences

1. Volenti non fit injuria.
2. Necessity.
3. Plaintiff’s default / plaintiff the wrongdoer.
4. Act of God.
5. Inevitable accidents.
6. Private defences.
7. Judicial and quasi-judicial acts.
8. Parental and quasi-parental authority.

Specific torts

1. Defamation — libel and slander, including defences in an action for defamation.
2. Negligence, including contributory negligence and other defences.
3. Nuisance.
4. Assault, battery and mayhem.
5. False imprisonment and malicious prosecution.
6. Nervous shock.
7. Trespass to person and property.
8. Domestic violence as a crime and a tort.
9. Principles for the application of the rules and defences for enterprises engaged in hazardous activities (M.C. Mehta v. Union of India).
10. Salient features of the Motor Vehicles Act, accident claims, Motor Vehicle Tribunal, noise and air pollution, and safety, health and environment issues.

Consumer Protection Act, 2019

1. Aims and objectives of the Consumer Protection Act, 2019.
2. Concept of a consumer and a consumer dispute under the Act.
3. Shift from caveat emptor to caveat venditor.
4. Consumer Protection Councils under the Act.
5. Redressal mechanism — District Forum, State Commission, National Commission.
6. Initiation of proceedings; grievance redressal procedure of consumer disputes redressal agencies; powers of CDRAs; remedies available under the Act.

Motor Vehicles Act, 1988, as amended by the Motor Vehicles (Amendment) Act, 2019

1. Provisions relating to motor accidents, accident claims and settlement.
2. Insurance of motor vehicles and the procedure for making a motor vehicle insurance claim.
3. Motor Accident Claims Tribunal.
4. Rules regarding hit-and-run motor accidents and road rage cases.

Introduction

1. Meaning of jurisprudence / legal theory — nature, need and scope.
2. Linkages between jurisprudence and other sciences:
   1. Law and justice.
   2. Law and morality.
3. Nature and definition of law.
4. Definition of State.
5. Elements of State.

Schools of jurisprudence

1. Analytical positivism and pure theory — limits on legislative authority: there are none (positivism):
   1. Command theory of law: utilitarianism (John Austin).
   2. Normative theory of law: pure theory (Hans Kelsen).
   3. Rule theory of law: law as a system of primary and secondary rules (H.L.A. Hart).
2. Natural law — divine and prophetic theories of law, e.g. Hebrew law, the Law of Manu and Islamic law; and an overview of natural law theories:
   1. Natural law as virtue (dharma) — Hindu.
   2. Natural law as justice by nature — Aristotle.
   3. Natural law as right reason — Cicero.
   4. Natural law as the law of God — St. Thomas Aquinas.
   5. Natural law as the inner morality of law — Fuller.
3. Historical jurisprudence: historical theories arising out of the revolt against rationalism, and the power of human will and tradition.
4. Sociological jurisprudence:
   1. Sociological theory — functions of law, law as a means of social control, the jurisprudence of interests (Roscoe Pound).
   2. The realist movement.
5. Indian jurisprudence:
   1. Classical approach.
   2. Medieval approach.
   3. Modern trends.

Sources of law

1. Ancient: customs, etc.
2. Modern: precedent and legislation.

Concepts of law

1. Rights and duties: theories and classification.
2. Legal personality.
3. Possession, ownership and property.

Principles of liability

1. Liability and negligence.
2. Absolute liability.
3. Immunity.

Formation of contract (ss. 2–22)

1. Meaning and nature of contract.
2. Offer / proposal:
   1. Definition.
   2. Communication.
   3. Revocation.
   4. General and specific offer.
   5. Invitation to treat.
3. Acceptance:
   1. Definition.
   2. Communication.
   3. Revocation.
   4. Tenders and auctions.
4. Consideration:
   1. Definition.
   2. Essentials.
   3. Privity of contract.
5. Capacity to enter into a contract:
   1. Minor’s position in mercantile law.
   2. Nature and effect of a minor’s agreements.

Validity, discharge and performance of contract

1. Free consent.
2. Coercion, undue influence, misrepresentation, fraud and mistake.
3. Unlawful consideration and object.
4. Effect of void, voidable, valid, illegal, unlawful and uncertain agreements and contracts.
5. Discharge of contracts.
6. Performance.
7. Time and place of performance.
8. Impossibility of performance and frustration.
9. Breach — anticipatory and present.

Legality of objects (ss. 23–30, 56)

1. Contingent contracts (ss. 31–36).
2. Quasi-contracts (ss. 68–72, 168 & 169).

Specific Relief Act, 1963

1. Recovering possession of property (ss. 5–8).
2. Contracts which cannot be specifically enforced (ss. 10–14A).
3. Injunctions (ss. 36–42).
4. Judicial mandate — redressal forum and remedies.

Sale of Goods Act

1. Sale and agreement to sell.
2. Conditions and warranties.
3. Caveat emptor.
4. Suits for breach of the contract.

General introduction

1. Concepts of the Constitution, constitutional law and constitutionalism

1. Definition and classification of a constitution.
2. Constitutional law — rules of the Constitution, organic laws, rules of procedure, judicial decisions, constitutional conventions.
3. Concept of constitutionalism — supremacy of the Constitution, system of representative and responsible government, dispersal of powers, protection of individual rights.
4. Constitutional morality and societal morality.

2. Brief view of the Indian Constitution and its Preamble

1. Salient features of the Constitution of India, the nature of the Indian Constitution, the Preamble.
2. Law of citizenship in India:
   1. Constitutional provisions (Articles 5 to 11).
   2. Citizenship under the Indian Citizenship Act, 1955, as amended by the Citizenship Amendment Act, 2019.
   3. Overseas citizenship.

The State and the first freedoms

1. Definition of the term ‘State’ in the context of fundamental rights (Article 12).
2. Laws inconsistent with fundamental rights (Article 13).
3. Right to equality (Articles 14 to 18).
4. Fundamental freedoms (Article 19).

Life, liberty and the remaining fundamental rights

1. Protection in respect of conviction for offences (Article 20).
2. Right to life and personal liberty (Article 21).
3. Protection against arrest and detention (Article 22).
4. Right against exploitation (Articles 23–24).
5. Right to freedom of religion (Articles 25–28).
6. Cultural and educational rights (Articles 29–30).
7. Exception on violability of fundamental rights (Article 31-B).

Remedies, directive principles and duties

1. Right to constitutional remedies (Article 32).
2. Directive Principles of State Policy (Articles 37–51).
3. Fundamental duties (Article 51A).

The executive

1. President and Vice-President of India (Articles 52–70).
2. Powers of the President and Governor to grant pardons, etc. (Articles 72 & 161).
3. Central executive (Articles 73–75).
4. The Governor (Articles 153–154).
5. Promulgation of ordinances by the President and Governor (Articles 123 & 213).

Legal language-I

1. Introduction to legal language.
2. Characteristics of legal language.
3. History of legal language, and legal language in India.
4. English as a medium of communication for legal transactions in India.

Grammar and usage

1. Sentence: subject and predicate; phrase and clause.
2. Number, person and gender.
3. Parts of speech.
4. Prepositions and their usage.
5. Degrees of comparison, gerunds and infinitives.
6. Time and tense.
7. Articles.
8. Direct and indirect speech.
9. Transformation of different types of sentences.
10. Voice: active and passive.
11. Sentences — simple, compound and complex.
12. Vocabulary building — homophones, word formation, one-word substitution, synonyms, homonyms.

Comprehension and composition

1. Reading comprehension, preferably of legal texts.
2. Comprehension of legal texts.
3. Paragraph and précis writing.
4. Formal correspondence.
5. Note taking.
6. Drafting of reports and projects.
7. Drafting of abstracts.
8. Etiquette and manners for law professionals.

Teaching methodology for this unit includes role play, reading and discussion.

Legal language-II

1. Legal maxims.
2. Legal terms and foreign words.
3. Drafting of moot memorials.
4. Brief writing.

Translation

1. Common Hindi and Urdu words used in courts.
2. Translation from Hindi to English and vice versa.

Indemnity & guarantee

1. Meaning, and the distinction between indemnity and guarantee.
2. Indemnity in cases of MNCs and new industrial transactions such as power and energy (ss. 124–125).
3. Rights and duties of the indemnifier, the indemnified and the surety.
4. Discharge of surety.
5. Kinds of guarantee (ss. 126–147).

Bailment (ss. 148–171, 180) & pledge (ss. 172–179)

1. Meaning and distinction.
2. Rights and duties of bailor and bailee, pawnor and pawnee.
3. Lien.
4. Termination of bailment.

Agency

1. Definition of agent and principal.
2. Essentials of the relationship of agency.
3. Creation of agency: by agreement, ratification and law.
4. Relation of principal and agent, sub-agent and substituted agent.
5. Termination of agency (ss. 182–210 & 226–238).

The Indian Partnership Act, 1932

1. Nature and concept of a partnership firm and limited partnership.
2. Relations of partners to one another and to outsiders:
   1. Rights and duties of partners inter se.
   2. Partnership property.
   3. Relations of partners to third parties: the doctrine of holding out.
   4. Liability for holding out a minor as a partner.
3. Incoming and outgoing partners.
4. Dissolution of the firm: modes and consequences.
5. Registration of firms and the effects of non-registration.

The university syllabus numbers both this module and the agency module as “Module III”; the numbering is reproduced here as printed.

Negotiable Instruments Act

1. Definitions.
2. Types.
3. Crossing of cheques.
4. Dishonour of cheques and penalties.

Legislative body

1. Parliament (Articles 73–88).
2. Parliamentary privileges (Articles 105 and 194).
3. Legislative procedure in Parliament and State Assemblies (Articles 107–111, 117 and 196–201).

Judiciary

1. Union judiciary:
   1. Composition and qualification of judges (Article 124).
   2. Jurisdiction and powers (Articles 129, 131–137, 141–143 and 32).
2. High Courts:
   1. Composition and qualification of judges (Articles 214, 216, 217).
   2. Jurisdiction and powers (Articles 226, 227, 230, 231).

Centre–State relationship

1. Legislative relations between the Union and the States (Articles 245–255).
2. Administrative relations between the Union and the States (Articles 256–261).
3. Financial relations (Articles 268–276).
4. Indian co-federalism and GST.

Trade and commerce

1. Trade, commerce and intercourse within the territory of India (Articles 301–307).
2. Constitutional safeguards to civil servants (Articles 308–311).

Emergency

1. Emergency provisions (Articles 352–360).
2. Protection of the President and Governors (Article 361).
3. Amendment of the Constitution and the amenability of fundamental rights (Article 368).

General and law of marriage

1. Personal law and the Constitution of India.
2. Nature of Hindu law.
3. Application of Hindu law.
4. Sources of Hindu law.
5. Schools of Hindu law.
6. Hindu Marriage Act, 1955 (ss. 5–23).

Law of maintenance

• Maintenance under the Hindu Marriage Act (ss. 24 & 25).
• Maintenance under the Hindu Adoption and Maintenance Act, 1956 (ss. 18, 19 & 20).
• Maintenance under sections 125–128 Cr.P.C.
• Adoption: essentials and effect (ss. 6–12 of the HA&MA, 1956).
• Kinds and powers of guardians under the Hindu Minority & Guardianship Act, 1956 (ss. 6–13).

Bare acts for this paper: Hindu Marriage Act, 1955 · Hindu Adoption and Maintenance Act, 1956 · Hindu Minority and Guardianship Act, 1956.

Joint Hindu family

• Origin and nature of the joint family and coparcenary.
• Characteristic features of a coparcenary.
• Distinction between coparcenary and joint family.
• Classification of property: joint family property and separate property.
• Karta: position, powers and liabilities; debts.

Partition and succession

• Partition: definition, persons entitled to demand partition, reopening and reunion.
• Hindu Succession Act, 1956 and the Hindu Succession (Amendment) Act, 2005 — features; devolution of interest in coparcenary property (s. 6); list of heirs in Class I and Class II of the Schedule; Hindu women’s right to property.

Special Marriage Act

• Marriage.
• Divorce.
• Maintenance.
• Inheritance.

Jurisprudential contours of property and principles relating to transfer of property

1. Concept and meaning of property.
2. New property and kinds of property.
3. Distinction between movable and immovable property.
4. Tangible and intangible property — intellectual property.
5. Transferability of property.
6. Compartment transfer.
7. Conditions restricting transfer.
8. Definition of transfer of property.
9. Transferable and non-transferable property.
10. Transfer to an unborn person and the rule against perpetuity.
11. Vested and contingent interest.
12. Rule of election.

General principles governing transfer of immovable property

1. Transfer by ostensible owner.
2. Rule of feeding the grant by estoppel.
3. Rule of lis pendens.
4. Fraudulent transfer.
5. Rule of part performance.

Specific transfer-I

1. Sale and gift.
2. Leases (ss. 105–117).
3. Exchange.
4. Charges.

Specific transfer-II

1. Mortgages of immovable property (ss. 58–77) — kinds of mortgages.
2. Rights and liabilities of the mortgagor and mortgagee.
3. Marshalling and contribution (ss. 81–82); redemption (ss. 91–96).
4. Registration of documents and the law of registration.

The Easements Act

1. Creation of easements (ss. 4–7).
2. Nature and characteristics.
3. Extinction, suspension and revival of easements (ss. 37–51); riparian rights.
4. Licences.

The East India Company and its early settlements

1. The early charters (Charters of 1600 and 1687).
2. Administration of justice in Madras, Bombay and Calcutta before 1726.
3. Charter of 1726 and the establishment of the Mayor’s Court.
4. Distinction between the Charter of 1687 and that of 1726.
5. Charter of 1753.

The Government of India Acts (constitutional provisions only)

1. The Government of India Act, 1858.
2. Indian Councils Act, 1861.
3. Indian Councils Act, 1892.
4. Indian Councils Act, 1909 (Morley–Minto Reforms).
5. Government of India Act, 1919.
6. Government of India Act, 1935.

Adalat system

1. The judicial plans of 1772 and 1774 introduced by Warren Hastings.
2. The Adalat system under Lord Cornwallis — judicial plans of 1787, 1790 and 1793.

The Supreme Court at Calcutta

1. The Regulating Act, 1773 and the establishment of the Supreme Court at Calcutta.
2. Conflict between the Supreme Court and the Governor-General and his Council.
3. Cases:
   1. Trial of Raja Nand Kumar.
   2. The Patna Case.
   3. The Cossijurah Case.
4. The Act of Settlement, 1781.

The High Courts

1. Dual judicature before 1861.
2. Indian High Courts Act, 1861.
3. Codification of law: the First, Second and Third Law Commissions.
4. The Lex Loci Report.

Principle of taxation

1. Definitions.
2. Basis of income:
   1. Charge of income tax.
   2. Scope of total income.
   3. Residential status of an assessee.
   4. Dividend income.
   5. Income deemed to accrue or arise in India.
   6. Foreign income and its taxability.

Incomes which do not form part of total income

1. Income not included in total income.
2. Special provision in respect of a newly established industrial undertaking in a free trade zone.
3. Special provision in respect of a newly established hundred per cent export-oriented undertaking.
4. Income from property held for charitable or religious purposes.
5. Income of a trust or institution from contributions.
6. Conditions as to registration of trusts, etc.
7. Cases in which section 11 is not to apply.
8. Special provision relating to the income of political parties.

Heads of income

1. Salaries.
2. Income from house property.
3. Profits and gains of business or profession.
4. Capital gains.
5. Income from other sources.

Tax authorities

1. Powers.
2. Procedure for adjudication and settlement.
3. Collection and recovery of taxes.
4. Appeal, reference and revision.

GST

1. Direct tax.
2. Indirect tax.
3. Constitutional provisions related to GST.
4. GST Council — composition, functions and powers.
5. GST and the Indian federal system.
6. Penalties under the GST system.