Syllabus 4th Sem

I

SEMESTER 4 4.1 Economics Introduction to Law and Economics – a) Economics as a science and its’ relevance to law. b) Economics, as a basis of social welfare & social-justice.

II.

Micro Economic Theory - Basic Economic Concepts – Demand and Supply & Equilibirium Elasticities - Market Structures – Perfect competiion( Basic Idea),Imperfect competition – monopoly, oligopoly (Basic Idea) - Price Policy – Product Pricing and Factor Pricing - Labour and Wages-Demand for & supply of labour, Determination of wage rate in a perfectly & imperfectly competitive labour market, Trade Union and its function, - Rent and Interest- Ricardian Theory, Scarcity Rent, Differential Rent, Transfer Earning, Quasi-Rent, Modern theory of rent,

III.

Macro Economic Policies - Macro Economics – Approach and Policy Issues- National Income - Money and Banking Concept of Money- Types and function - Inflation-Demand Pull, Cost Push, Phillips Curve (Concepts) -Money banking – Role of Central bank, Credit Creation by Commercial Banks -Public Finance – Fiscal Policy – Position in India

IV.

International Economics - Foreign Trade Absolute Advantage, Comparative Advantage, Quota - International Financial Institutions IMF, World Bank

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4.2

Land Laws – II

The West Bengal Apartment Ownership Act, 1972 -

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Application of the Act-Sec.2 Definitions-(Sec.3)- Apartment, Association of apartment owners, Common areas and facilities, Declaration, Promoter, Owner Apartment as a transferable and heritable property (Sec.4) Common areas and facilities(Sec.5) Conditions of ownership of apartments Declaration - Contents of declaration(Sec.10) - Submission before the competent authority(Sec.10A) - Registration of declaration(Sec.12) Withdrawal by apartment owners from the provisions of the Act(Sec.12) Bye-laws(Sec.13) Penalties(Sec.16A)

The West Bengal Non-Agricultural Tenancy Act, 1949 - Definitions –(Sec.2) Landlord, Non-agricultural land, Non-agricultural tenant, - Classes of non-agricultural tenants(Sec.3) - Purposes for non-agricultural tenancy(Sec.4) - Tenancies held by a non-agricultural tenant(Sec.5) - Manner of use of non-agricultural lands(Sec.6) - Restriction on transfer(Sec.9A) - Special incidence in case of misuse of non-agricultural land(Sec.10) - Provisions as to transfer of non-agricultural land (Secs.23 to 26) - Improvements(Secs. 64 to 68) - Conversion(Sec.72) The West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001 - Definitions (Sec.2)– Bharatia, holding, hut, Land appurtenant, landlord, lease, Thika tenant - Acquisition of land comprised in Thika tenancies and the rights of landlords in such lands(Secs. 4 to 7) - Incidents for tenancies of Bharatias in structures(Secs.8 to 10)

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1.

4.3 Labour Law – I The Industrial Dispute Act, 1947. -

2.

Object. Basic Concepts / Definitions- Industry, industrial dispute, individual dispute, lay off, retrenchment, lock out, strike, public utility, service. Provisions relating to Prohibition on strikes and lock outs Provision relating to lay-off and retrenchment. Provisions as to unfair labour practices. Authorities under the Act - Grievances settlement authorities - Labour Courts. - Industrial Tribunals.

The Minimum Wages Act, 1948. - Object - Basic Concepts – wages, minimum wages, fair wages, living wages. - Theories of wages. - Principles for fixation of minimum wages.

3.

The Contract Labour (Regulation and Abolition) Act, 1970 - Object -Definitions - Registration of Principal Employer - Licence for Contractor - Prohibition of Contract Labour - Effect of Non-registration - Absorption of Contract Labour - Abolition of contract Labour - Payment of Wages to Contract Labour - Liabilities of the Contractor and Principal Employer - Penalties and Procedures

4.

The Payment of Wages Act, 1936 - Introduction - Basic Concepts - Payment of Wages and Deductions from Wages - Responsibility for payment of wages - Fixation of wage period - Time of payment of wages - Deductions which may be made from wages

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4.4 Legal Language and Legal Writing 1. Introduction to legal language: Nature & Scope of Legal Language Importance of Language for Law Legal language in India Legal Language vis-à-vis common language. Problems of language and Law Problems with legal language in India 2. Fundamental Principles of Legal writing: Concision - Clarity - Cogency - Simplicity of structure 3. Basic Rules of Legal Writing: Preparation Layout Sentences & Paragraphs Punctuation Sentence, construction and grammar Words and Phrases Avoid redundant words and phrases Verbs: active and passive voices Modifying words Repetition & elegant variation Using the right words Reference to studies and cases 4. Particulars and steps in Pleadings (Plaint) 5. Legal Writing and drafting of: a) General complaint letters, b) complaint letter u/s 138 of N.I. Act. c) Hazira, d) simple agreement, e) gift deed, f) promissory notes, g) general diary, h) F.I.R; i) affidavit declaring: i) name, ii) date of birth, iii) permanent address, iv) relations; j) Plaint for the suit for injunction to prevent nuisance, k) Written Statement for the injunction suit for the plaint mentioned in J) above, l) Will. 6. Essay writing on topics of legal interest a) Judicial Activism, b) Public interest Litigation, c) Environmental Protection d) Consumer Protection, e) Dowry, f) Cyber Crime and Protection, g) Human Rights, h) Women’s Rights, i) Child’s Rights, j)Terrorism, k) Independence of Judiciary. 7. Legal terminology: a) Terms used in civil and criminal law: Abandon, abduction, abet, abrogate, abscond, absolve, accomplice, adjudge, affinity, affray, ambiguity, award, bail, bankruptcy, bench, breach, charge, claim, code, confession, contract, court, decree, disability, divorce, equity, estate, estoppels, execution, extradition, forgery, gift, infringement, injury, judge, judgment, kidnapping, lunatic, malicious, matrimonial, miscarriage, petition, redundant, retrospective suit, tribunal, violation, void, writ, wrong. b) Latin words and expressions: Ab initio, ad hoc, ad idem, alma mater, alibi, ad valorem, ambiguitas-patent, ambiguitas latens, amiscus curie, animus posseidendi, bona fide, corpus juris, corpus delicti, corum non judice, cy-pres, de facto, de jure, de novo, ex abundanti cautela, ex officio, ex parte, ex post facto, factum valent, fait accompli, felo de se, fait justicia, functus officio, in pari delicto, in lieu of, loco parentis, in personam, in rem, in forma pauperice, inter se, inter alias, in situ, inter vivos, ipso facto, intra vires, lis pendens, locus standi, mortis causa, mutatis and mutandis, onus probandi, obiter dictum, parens patria, prima facie, quid pro quo, sine quo non, status quo, ultra vires c) Maxims: Damnum sine injuria, Injuria sine damno, Qui facit per alium facit per se, Res ipsa loquitur, Ubi jus ibi remedium, Actio personalis moritur cum persona; Ignorantia facti excusat, ignorantia juris non excusat; Actus non facit reum nisi mens sit rea, Caveat emptor, Donatio mortis causa, Nemo dat quod non habet , Audi alteram partem, Delegatus non potest delegare, Nemo judex in causa sua, Novus actus interveniens or nova causa interveniens, volenti non fit injuria

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4.5 Law of Crimes 1. Introduction Concept of 'Crime' Essential elements of crime – mens rea and actus reus Stages of crime – Intention, preparation, attempt and commission – inchoate crimes 2. Indian Penal Code, 1860 A. General Exceptions i) - doli in capax - Intoxication - Insanity - Mistake - Act in Good Faith ii) Right of private defence - Private Defence of Body _ Private Defence of Property B. Particular Offences (i) Offence against body -

Culpable homicide and murders Causing death by negligence Attempt to murder Hurt and grievous hurt Wrongful restraint and Wrongful confinement Criminal force and assault Kidnapping and abduction

(ii) Offences against property – – – –

Theft and extortion Robbery and dacoity Criminal misappropriation Criminal breach of trust

(iii) Offence against public tranquility – – –

Unlawful assembly Rioting Affray

(iv) Offences relating to marriage – – – –

Bigamy Adultery Cruelty by husband and relatives of husband Dowry death

(v) Defamation (vi) Criminal Intimidation

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