Syllabus 7 Th Sem

SEMESTER 7 1.

7.1 Law of Civil Procedure General - Introduction to Civil Procedure Code - Basic concepts - Judgment, Order, Decree, Mesne Profits, Legal Representative, Cause of Action, Interpleader Suit.

2.

Jurisdiction of Civil Courts - Pecuniary and territorial jurisdiction.

3.

Res Sub-judice and Res Judicata

4.

Institution of Suit.

5.

Pleadings – Plaint – Written Statement.

6.

Trial and hearing.

7.

Interim Orders – Interlocutory Orders.

8.

Judgment and decree.

9.

Special suits. - Suits by or against Government or public officer. - Interpleader suit. - Suits by or against minor and lunatics. - Suit by indigent person.

10.

Appeal - Meaning and Scope. - Right of Appeal. - Appeal against Orders. - First Appeal and Second Appeal. - Appeal to Supreme Court – Conditions for appeal to Supreme Court Reference - Meaning, Nature and Scope. - Object Review - Meaning, Nature and Scope. - Object Revision by High Court. - Meaning, Nature and Scope. - Object. - Conditions for filing revision. - Appeal, Reference, Review and Revision - distinction.

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7.2 Environmental Law – II 1. The Forest Conservation Act, 1980 2. The Wild Life Protection Act, 1972 - Salient Provisions - Sanctuaries and National Park - Offences against wild life 3. The Prevention of Cruelty to Animals Act, 1960 4. The Public liability Insurance Act, 1991 5. The National Environment Tribunal Act, 1995 6. Environmental Pollution and its control under other laws 7. Topical issues in environmental law - Green house effect and global warming - Ozone depletion - Biodiversity - Wetlands

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7.3 Optional Course - I Criminology and Penology Criminology 1. Nature and extent of crime in India 2. General approaches to crime control 3. Causes of Criminal Behaviour -

4. Police -

The Classical School of Criminology Sociological Theories - Anomie, - Sutherland’s Differential Association theory - Reckless’ Containment or Social Vulnerability theory Economic Theories – Bonger’s analysis – Economic theories and their relevance Environment – Home and Community Influences Multiple Causation Approach to Crime and the Criminal Justice System Functions of the police Difficulties of the police Police reforms

5. White collar crime - Nature and definition - Causes of white-collar criminality - White-collar crime in India - Judicial approach 6. Organised crime - Characteristics of organized crime - Kinds of organized crime - The West Bengal Control of Organised Crime Act, 7. Terrorism Penology 1. Punishment of offenders - Object of punishment - Theories of punishment - Retributive theory, Deterrent theory, Preventive theory, Reformative theory, Expiatory theory 2.

Punishment under the Indian Criminal Law - Punishments under the IPC - Imprisonment - Problems associated with imprisonment- Prisonisation of offender - Alternative approaches – Probation, Parole, Suspended Sentence and Indeterminate Sentence - Open prisons and borstals - Prisoners’ rights - Solitary confinement

- Capital punishment 3. Victims of Crime and criminal justice - Nature and scope of Victimology - Aspects of Victimology - Rightful participation of victims in trials - Dignity and respect to victims of crime - Compensation to victims - Legal, psychological and material support to victims - Victim compensation in India - Section 357, Cr.P.C. - Section 5, the Probation of Offenders Act, 1958 - Judicial attitude

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7.4 Honours Law Course - III Gender Justice 1. Constitutional perspective - Equality provisions in the Constitution of India - Preamble, Fundamental Rights and Directive Principles. - Personal laws – Unequal position of the women - Uniform Civil Code towards gender justice - Growth of feminism and Feminist Jurisprudence 2. International Commitments - Universal Declaration of Human Rights - Convention on the Elimination of all Forms of Discrimination against Women, 1979 - Declaration on the Elimination of Violence against Women, 1993 2. Women and Inheritance Rights - Women’s inheritance under the Hindu Joint Family System - Right to inheritance by birth for sons only. - Women’s inheritance rights under Muslim Law - Women’s inheritance rights under Christian Law - Women’s inheritance rights under Parsi Law 3. Women and Adoption and Guardianship rights - Right of women to adopt a child - Women and guardianship of minor 4. Woman and Divorce laws - Christian Law – Discriminatory provisions - Muslim law 5. Women and Matrimonial Property - Concept, law and issues 6. Women and Maintenance Rights 7. Women and criminal law - Adultery - Rape - Dowry death - Cruelty to married woman - Bigamy - Outraging the modesty of a woman - Domestic violence 8. Social Legislations - The Dowry Prohibition Act, - Prevention of Immoral Traffic - Amniocentesis and foeticide 9. Women and Employment - Labour force - Protective laws - Exploitation and sexual harassment at workplace 10. Woman Participation in Democratic Government - Parliament, State Legislatures and Local Bodies

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7.5 Clinical Course - I Drafting, Pleading & Conveyancing The course will be taught on the basis of class instruction and simulation exercises, preferably with assistance of practicing lawyer/retired judges. Apart from teaching the relevant provision of law, the course will include 15 exercises in drafting carrying a total of 45 marks and 15 exercises in Conveyancing carrying another 45 marks (3 marks for each exercise). The remaining 10 Marks will be given in a viva voce examination which will test the understanding of legal practice in relation to drafting, pleading and conveyancing. The examination of the paper will be conducted internally by the Institute/college and marks be sent to the University. a.

Drafting - General Principles of Drafting and relevant substantive rules shall be taught.

b.

Pleadings: (1) Civil : (i) Plaint (ii) Written Statement (iii) Interlocutory Application (iv) Original Petition (v) Affidavit (vi) Execution Petition (vii) Petition under Article 226 and 32 of the Constitution of India (viii) Memorandum of Appeal and Revision. (2)

c.

Criminal: (i) (ii) (iii) (iv)

Conveyancing: (i) (ii) (iii) (iv) (v) (vi) (vii)

Complaints Criminal miscellaneous Petition Bail Application Memorandum of Appeal and Revision. Sale Deed Mortgage Deeds Lease Deeds Gift Deeds Promissory Note Power of Attorney Will

Books Recommended : 1

Bindra, N.S

:

Conveyancing 1980, Law Publishers Allahabad.

2.

Mogha

:

Conveyancing.

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7.6 Optional Seminar Course - III Investment and Securities Laws 1.

Concept of Securities.

2.

Historical background of Security and Investment laws. - In England – Banking corporate finance and private financial services. - In India – From usury laws to the modern system.

3.

Kinds of -

4.

Government Securities. - Bonds issued by Government and semi-government institutions. - Role of Central Bank (RBI in India). - Impact of issuance of bonds on economy. - Government loan from the General Public. - External borrowing. - Government Loan : The constitutional dilemma and limitations. - Impact on economic sovereignty.

5.

Securities issued by Banks. - Bank notes. - Changing functions of banks from direct lending and borrowing to modern system. - Bank drafts, travelers’ cheque, cheque cards, credit cards, cash cards. - Deposits : current , saving and fixed, interest warrants.

6.

Corporate Securities. - Shares. - Debentures. - Company deposits. - Control over corporate securities. - Protection of investor.

7

Collective Investment. - Unit trust of India. - Venture Capital. - Mutual Fund. - Control over issue and management of UTI, Venture capital and Mutual Funds. - Plantation and Horticulture farms.

securities. Government Securities. Securities issued by banks. Securities issued by corporation. Securities in mutual fund and collective investment scheme. - Depository receipts.

8.

Depositories. - Denationalized securities. - Recognition of securities. - Types of depository receipts: IDR, ADR, GDR and Euro receipts. - SEBI guidelines on depositories.

9.

Investment in Non-Banking Financial Institutions. - Control by usury banks. - Control by RBI. - Regulation on Non-Banking Financial companies.

10.

Foreign Exchange Control Regime in India. - Foreign Exchange Management Act, (FEMA) - Concept of foreign exchange regulation. - Administration of exchange control.

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