SYLLABUS LL.B (HONS.) 7TH SEMESTER CODE OF CIVIL PROCEDURE & LAW OF LIMITATION -I Introduction : Definition : Decree, Judgment, Order, Foreign Court, Foreign Judgment, Men Profits, Affidavit, Suit of a civil nature, Plaint, Written Statement, Legal Representative, Important Concepts : Res-sub-justice, Resjudicata, Caveat, Inherent Power, Courts. Initial Steps in a Suit : Jurisdiction and place of suing, Institution of suit, Pleading : Meaning, Object, General Rules, Amendment of Pleading, Plaint and Written statement, Parties to a suit, Discovery, Inspection and Production of documents, Appearance and non-appearance of parties, First hearing. Unit-III Interim Orders : Commission, arrest before judgment, Attachment before judgments, Temporary Injunctions, Interlocutory Order, Receiver, Security of costs. Suit in Particular case : Suits by or against Government, Suits by indigent person, Inter-pleader Suit, Summary Procedure, Suits relating to Public Nuisance.
1. The Civil Procedure Code, 1908 2. The Limitation Act, 1963
Mulla, Code of Civil Procedure, Universal, Delhi
C. K. Thakkar, Code of Civil Procedure, 2000 Universal Delhi
Paper-II CODE OF CRIMINAL PROCEDURE - I Introduction : Object, Scope and Extent of Cr. P. C., Definition, Constitution of Criminal courts and their powers. Provision for Investigation : Arrest, Search and Seizure, Processes to Compel Appearance, Information to Police, Power to Investigate. Unit-III Proceedings before Magistrate : Jurisdiction of Criminal Courts in inquire and arrest, Cognizance and initiation of proceeding before Magistrate, Complaints to magistrate and Commencement of Proceedings. Public Order and Alimony : Security for peace and good Behaviour, Maintenance of Public order and Tranquility, Maintenance of Wife, Children and Parents.
Chandrasekharan Pillai, Kelkar Lecturer on Criminal Procedure, 1998 Eastern Book Co.
Ratan lal & Dheeraj lal, Cr. P.C., Universal, Delhi.
Woodroffe, Commentaries on Cr.P.C., 2000 Universal.
PAPER-III ALTERNATIVE DISPUTE RESOLUTION (ADR)
Concept, Need and Development, Advantages, Arbitration and Conciliation Act, 1996 : Object, Development and Salient features, Arbitration : Definition, Sources, Kinds, Scope and Differences to Court, Arbitration Agreement, Composition of Arbitral Tribunal.
Jurisdiction of Arbitral Tribunal, Conduct of Arbitral Proceeding, Making of Arbitral Award and Termination of Proceedings.
Recourse against Arbitral Award, finality and Enforcement of Arbitral Award, Appeal, Enforcement of Certain foreign Awards.
Conciliation, mediation, Lok-Adalat & permanent Lok-Adalat, Negotiation, mid Arb.media, Summary trails, etc.
Arbitration and Conciliation Act, 1996 Legal Service Authority Act, 1987
B.P.Saraf & M. Jhunjhunwala, Law of Arbitration & Conciliation, (2000) Snow White, Mumbai
Gerald R. William (ed.), The new Arbitration & Conciliation Law of India
P.C. Rao & William Sheffield, Alternative Disputes Resolutions, (1997) Universal, Delhi
Johari, Commentary on Arbitration and Conciliation Act. 1999 Universal, Delhi
G.K. Kwatra, The Arbitration & Conciliation Law of India, (2000), Universal, Delhi
B.D. Singh, ADR System, (2007) new Royal Book Co., Lucknow.
PAPER-IV INTERPRETATION OF STATUTES
Law Making : legislature, Executive and the Judiciary, Principle of Utility, Law and Public Opinion, Law and Social Control, Relevance of John Rawls and Robert Nozick-individual interest to community interest. Law and Morals.
Meaning of the term Statute, Enactment, Interpretation and Construction, kinds of Statutes, Statutes are valid, Intention of legislature, Commencement, operation, repeal and revival of statutes, Statute must be read as a whole in its context.
Necessity for Rules of Interpretation, Literal Rule, Mischief Rule, Golden Rule, Harmonious Construction. Noscitur a sociis, Ejusdem generis, Reddendo Singula Singulis, ut Res magis Valeat quam per eat, In bonam partem, Delegatus non protest delegate, Expression exclusion alterius.
Interpretation of Directory and Mandatory provision, Beneficial Construction, Taxing Statutes, Penal Statutes, Internal and External Aids to Interpretation.
P.St. Langan (Ed.), Maxwell on the Interpretation of Statutes, (1997), N.M. Tipathi, Mumbai
Bawa & Roy, Interpretation of Statutes
Benthem theory of Legislation, Eastern Book Co.
G.P. Singh, Principles of Statutory Interpretation, 1999 Wadhwa
LAND LAW & OTHER LOCAL LAWS - I
Special Features & Object of U.P.Z.A. and L.R. Act, Definitions, Acquisitions of Interest Intermediaries & its Consequences, Gram Sabha, Gram Panchayat and Land Management Committee.
Classes of tenure Holder, Rights of tenure holder, Ejectment.
Lease, Surrender and Abandonment, Allotment of land by Land Management Committee, Succession, Land Revenue.
Revenue Courts and Revenue Authorities, Procedure and Powers of Revenue Court and Revenue Officers, Maintenance of Maps and Records, Revision or Maps and Records, Appeal, Revision and Review.
Dr. R.R. Maurya, U.P. Land Laws, 28th Ed. 2007
PAPER- VI PROFESSIONAL ETHICS & COURT CRAFT
Historical development of Legal Profession in India, Constitution, function, Powers and Jurisdiction of State, Bar Council and bar Council of India, Admission and enrolment of Advocates.
Profession ethics and Advocacy, Standards of Professional, Conduct and Etiquette, Conflict between interest and duty, Duty to court, Duty to Client, Duty to opponent, Duty to Colleagues, Duty towards society and obligation to render legal aid.
Unit-III Bench–bar Relationship : Reciprocity as partners in administration of Justice, Profession Misconduct, Rights and Privileges of Advocates. Contempt of Court Act, 1971 : Historical development of Contempt of Court Act in India, Object and Constitutional validity of Contempt of Court Act., Definition, Kinds of Contempt, Contempt by Judges, magistrates, Lawyers and other persons, cognizance, Procedure, Appellate provisions regarding Contempt Defences, Punishment and Remedies against punishment for Contempt of Court and Punishment for Contempt, defences under contempt of court.
1. Rajendra V Pai v Alex Frrnandes AIR 2002 SC 1808 2. In re; A an advocate AIR 1962 SC 1337 3. In re; Mr. G a Senior Advocate of SC AIR 1954 SC 557 4. In re; Lalit Mohan Das AIR 1957 SC 250 5. Sheo Narayan jafa v Judge Allahabad H.C. AIR 1953 SC 368 6. P.J. Ratnam v. D. Kanik ran AIR 1964 SC 244 7. In re; “M” an Advocate AIR 1957 SC 149 8. L.D.Jaisingham v Narain das N Punjabi (1976) 1 ACC 354 9. Jhon D’Souza v Edward Ani (1994) 2 SCC 64 10. In re; V.C. Mishra AIR 1995 SC 2348
1. The Advocate Act, 1961 2. Contempt of Court Act, 1971 3. The Advocates Welfare Fund Act, 1961
Holland Avrom Shree, Advocacy, 1994 Universal, Delhi
Keith Evam, The Golden Rules of Advocacy, 1994, Universal, Delhi
Sandeep Bhalla, Advocates Act & Professional Misconduct, Nasik Law house.
JPS Sirohi, Professional Ethics, lawyer’s Accountability, Bench-Bar Relationship, ALA
Mr. Krishna Murthy Iyer’s Book on Advocacy
PAPER- VII LAW OF TAXATION - I
History of Tax Law in India, Constitutional provisions relating to Taxation nature and Scope of Tax, Definition : Persons, Assesses, Tax pays, Previous year, Assessment years, Financial year, Income, Gross Taxable Income, Taxable Income, Agricultural Income, Tax Evasion and Tax Avoidance.
Income Tax, Residential Status : Rule (Sec.6), Tax Liability, Exemption (Sec. 10), Deduction (Sec. 80), Related to individual, Expenses & income, Rebate (Sec. 88 & 88 B), Deemed income and clubbing of income, Carried Forward and Set of losses.
Head of Income : Income from Salary, House Property, Business and Profession, Capital Gain and other sources, Calculation of Gross Total and Taxable income, Tax rebate and Computation of Tax Liability, Tax Collection at source and Advance Tax.
Assessment Procedure, Types of Assessment., Income Tax Authority : Their function, Duties and Powers, Appeal, Offences, Fines and Penalties, Settlement of Grievances and Prosecution, Income Tax Act, 1961, Income Tax Rules.
Ramesh Sharma, Supreme Court on Direct Taxes, (1998)
Sampat Iyengar, law of Income Tax, (1998)
Kanga and Palkiwala, The Law and Practice of Income Tax.
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