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89 views17 pages

LLB 1

Uploaded by

Mydhili M Raj
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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SYLLABUS PERTAINING TO THE FOLLOWING POSTS

HAVING LLB AS QUALIFICATION

1. Legal Assistant Gr. II ( Law Department, Government Secretariat )

2. Legal Officer ( Kerala Financial Corporation)

3. Assistant Public Prosecutor Gr. II ( Kerala State Assistant Public

Prosecutor Service )

4. District Executive Officer / Additional District Executive Officer

( Company / Corporation /Board – Kerala Motor Transport Workers

Welfare Fund )

5. Sheristadar ( Judicial Department )


1. Syllabus for selection to the post of Legal Assistant Grade II (Law
Department, Govt. Secretariat)

Part I

Module I

General Knowledge including Current Affairs with special reference to Indian


National Movement and Renaissance in Kerala

Module II

Salient features of the Constitution – Preamble – Its significance and its place in
the interpretation of the Constitution.

Fundamental Rights – Directive Principles of State Policy – Relation between


Fundamental Rights and Directive Principles – Fundamental Duties.

Executive – Legislature – Judiciary – Both at Union and State Level – Other


Constitutional Authorities.

Centre-State Relations – Legislative – Administrative and Financial.

Services under the Union and the States.

Emergency Provisions.

Amendment Provisions of the Constitution.

Module III

Language Skill (General English)

Part II

Module IV

Concept and nature of Crimes. General principles of Criminal liability, General


defences and Exceptions – Offences affecting the state – offences against human
body – offences against property – offences against public safety and health –
illegal gratification – corruption – offences relating to marriage and reputation.

Functionaries under Criminal Procedure Code – Arrest – Search and seizure –


Investigation – powers of the Court – Cognizance of offence and commencement
of judicial proceedings – Bail – Principal features of fair trial – Types of Trial –
Charge – Trial of Warrant and Summons Cases – Judgement – Appeals –
Execution of Sentence and other connected matters – Maintenance of Wives,
Children and Parents, Indian Penal Code & Criminal Procedure Code.

Module V

Various schools of jurisprudence – Different schools of thought – Different


theories of Law and justice – Sources of Law – Precedent – overruling – Ratio
Deci Denti – stare Decisis – Juristic Concepts of Rights and Duties – Possession
and Ownership.

Origin, nature, evolution and unique features of Labour Law – Ideas of


unionisation – impact of I.L.O. – Registration of trade unions – collective
bargaining – Meaning of Industry, Industrial Dispute, Lay-off, Retrenchment,
Strike and Lock-out – Different methods of settlement of industrial dispute –
Standing Orders – Concept of wages – Deduction of Wages – Fixing and
Revising Minimum Wages – Concept, evolution, calculation and mode of
payment of Bonus – Employers liability in the case of industrial accidents – kinds
of benefits to workers under the Employees State Insurance Act – protection of
Health, Safety and Welfare of industrial workers including Women and children,
Jurisprudence, Labour and Industrial Laws.

Module VI

General features of contract – classification , Agreement, Contract and ingredients


– Consideration – Capacity of parties – Factors invalidating contracts – void,
voidable and contingent contracts – quasi contracts – Quantum merit – Contract
of Indemnity and guarantee – Bailment – Agency – Sale of goods – Partnership.

Principles of legislation – Legislative drafting – Basic rules of Construction of


Statutes – Rules of interpretation – Interpretation of different kinds of Statutes –
Repeal of Statutes – Purpose of General Clauses Act – General rules of
construction.

Principles of Arbitration and conciliation – Lok Adalaths, Law of Contract,


Interpretation of Statutes, Alternate Dispute Resolution, Legal Services authorities
Act, Arbitration and Consiliations Act, General Clauses Act, Legislative theory &
Service laws

Module VII

Distinction between procedural and substantive laws – Jurisdiction of Courts to


try civil suits stay of suits, resjudicata – Place of sueing, pleading, plaint, Written
Statement and set off – Parties to suits, jointer of parties, misjointer of parties,
frame of suits – Summons – Appearance of parties, consequence of non-
appearance, expartee decree, setting aside ex-partee decree, examination of parties
by the Court – discovery and inspection, admission – Summoning and attendance
of witness – adjournment etc. – Judgement and decree – execution – Appeal –
Arrest and attachment before judgement – injunction – Special proceedings such
as Suits in particular cases, Notice before Suit, inter pleader Suit, Papur Suit, Suit
by or against torts, Suit by or against minors etc. – Miscellaneous provisions.

Relevancy of facts – Admissions and Confessions – Dying declaration – Opinion


and character evidence – Oral and documentary evidence – Estoppel – Burden of
proof – Competency of witnesses – Examination of witnesses – Presumptions –
Accomplice – Approver – judicial notice – Law of Limitation, Civil Procedure
Code, Indian Evidence Act & Law of limitation.

Module VIII

Scope and causes for the growth of Administrative Law – Administrative


discretion – Rule making power of the administration – Delegated legislation –
Legislative Control – Procedural Control – Judicial Control – Need for
Administrative Adjudication – problems of Administrative Adjudication – Need
for administrative decision making – Statutory Tribunals, Domestic Tribunals –
Practices and Procedure of Administrative Adjudication – Rules of fair hearing
Reasoned decisions – Post Decisional hearing – Exception to the rules of natural
justice – Judicial review of administrative action – principles – Remedies against
administrative action – Constitutional remedies – Jurisdiction of the S.C. And H.
C. – Against whom writ can be issued – Locus standi to challenge administrative
action – Writs – Statutory Remedies – Liability of the administration – Privileges
and immunities of administration in Suits, to hold documents, Statutory
operations etc. – Constitutional protection of Civil Servants – Administrative
Service Tribunals, judicial activism and judicial restraints, Administrative Law.

Module IX

Concept of Property – General principles of transfer – Effect of transfer – Rules


against inalienability – Rule against perpetuity – Sale of immovable property –
Mortgage – Lease – Exchange – Gift – Actionable claims – Easement.

Formation of a company – Effect of incorporation – Different kinds of companies


– Illegal Association – Memorandum of Association – Articles of Association –
Rights and liabilities of the corporation for acts of its agents and organs –
Doctrine of ultravires – Promoters – Prospectus – Capital – Shares – Meetings –
Divident – Account and Audit – Board of Directors – Oppression and
mismanagement – Winding up, Transfer of property Act, Company law,
partnership Act, Laws on land.

Module X

Concept of Environmental protection – Pollution – Types of Pollution, General


powers of the Central Government – Environmental Protection under the
Constitution – Right to clean Environment – Environmental protection Law and
its implementation – Operational mechanism of Central and State Boards
functioning – Legal regime for pollution Control – Different Statutory provisions.

Nature, origin and sources of International Law – Subjects of international Law –


States and nonstate entities – international organizations and private individuals –
Recognition theory and practice – State territorial sovereignity and other lesser
territorial rights – Rights and Duties of States Human Rights – Philosophical
foundation of the concept of Human Rights – Internationalisation of Human
Rights – Civil and political Rights – Social, Economic, and Cultural Rights –
Rights of specific groups, Rights of Women, Children, Indigenous persons etc. –
Concept of Sustainable development – Concept Corruption free Governance –
Human Rights protection Mechanism – National and international level,
Environmental protection Acts, Public international Law, Forest Act.
2. Syllabus for selection to the post of Legal Officer (Kerala Financial
Corporation)

Part I

Module I

General Knowledge including Current Affairs with special reference to Indian


National Movement and Renaissance in Kerala

Module II

Salient features of the Constitution – Preamble – Its significance and its place in
the interpretation of the Constitution.

Fundamental Rights – Directive Principles of State Policy – Relation between


Fundamental Rights and Directive Principles – Fundamental Duties.

Executive – Legislature – Judiciary – Both at Union and State Level – Other


Constitutional Authorities.

Centre-State Relations – Legislative – Administrative and Financial.

Services under the Union and the States.

Emergency Provisions.

Amendment Provisions of the Constitution.

Module III

Language Skill (General English)

Part II

Module IV

Jurisprudence

Nature and concept of Law – Schools of Jurisprudence – Administration of


Justice – Theories of Punishment – Sources of Law – Basic Legal Concepts :
Legal Personality, Ownership, Possession, Titles, Liability, Rights and Duties
International Law

Sources – Nature and definition of International Law – State Recognition and


State succession – The United Nations, its objectives, purposes and principal
organs – Universal Declaration of Human Rights (UDHR 1948) – International
Covenants of 1966 – Protection of Human Rights – Initiatives of United Nations
(UN)

Module V : Interpretation of Statues and Administrative Law

Interpretation of Statues

Methods of Interpretation – Literal Rule – Logical Rule – Golden Rule – Mischief


Rule – Intrinsic and Extrinsic Aids of Interpretation – Subsidiary Rules – Ejusdem
Generis – Noscitur a Sociis – Reddendo Singula Singulis etc. – Mandatory &
Directory Provisions in Statutes – Theory of Utility

Administrative Law

Definition and Scope – Growth of Administrative Law – Rule of Law –


Separation of powers – Classification of Administrative Actions – Administrative
Discretion – Control over administrative rule making – Natural Justice – Judicial
Review of Administrative Action – Public Interest Litigation – Privileges,
immunities and Liabilities of Administration – Statutory and Non-Statutory
Public Undertakings – Ombudsman – Constitutional protection to the civil
servants – Right to Information Act, 2005.

Module VI : Law of Procedure

Civil Procedure Code, 1908

Definitions – Civil Courts – Res Subjudice – Res Judicata – Suits of Civil Nature
– Pleadings – Special Suits – Appeal – Second Appeal – Reference – Review –
Revision – Inherent Power – Execution – Caveat – Law of Limitation

Criminal Procedure Code, 1973

Definitions – Arrest, Search and Seizure – Investigation, Inquiry, Trial, Discharge


– Hierarchy of Courts – Cognizance of Offences – Commencement of Judicial
Proceedings – Bail – Judgement – Appeal – Reference – Revision – Transfer of
Cases – Inherent Powers – Preventive Measures – Maintenance of Wife / Children
/ Parents – Probation of Offenders Act, 1958 – Juvenile Justice Act, 2000
Law of Evidence

Indian Evidence Act, 1872 – Definition – Relevancy of Facts – Admissions and


Concessions – Dying Declaration – Opinion and character evidence – Judicial
Notice – Oral Evidence – Documentary Evidence – Electronic Evidence – Burden
of Proof – Estoppel – Competency of witnesses – Examination of witnesses

Module VII : Family Law

Hindu, Christian and Muslim

Concept of Marriage – Theory of Divorce – Nullity of marriage – Judicial


Separation – Family Courts – Guardianship and custody – Adoption –
Maintenance – Partition – Succession – Endowments – Wakfs

Module VIII : Law of Torts and Crimes

Torts

Nature and Definition – Tortious Liability – No fault Liability – Vicarious


Liability – Joint Tort Feasors – Negligence – Defamation – Conspiracy –
Nuisance – False imprisonment – Malicious prosecution

Crimes

Criminal Liability – Mens rea – Actus reus – Inchoate Crimes – Sedition –


General Defences – Joint and Constructive Liability – Offences against person –
Offences against property – Misappropriation – Criminal breach of trust –
Defamation – Cyber Crimes (Indian Penal Code, 1860 and Information
Technology Act, 2000)

Module IX : Business Law

Law of Contract

Indian Contract Act, 1872 – Definitions – Basic Element of Contracts – Factors


vitiating consent – Performance of contract – Discharge of Contract – Modes of
Discharge – Remedies for breach – Void, Voidable, illegal and unenforceable
agreement – Quasi Contracts – Specific Contracts Like Indemenity , Guarantee,
Bailment, Pledge, Agency – Negotiable Instruments Act, 1882 – Sale of Goods
Act, 1930 – Partnership Act, 1932 – Limited Liability Partnership Act, 2008
Company Law

Companies Act, 1956 – Definition and Features of Registered Company –


Government Company – Statutory Company – Foreign Company – Private
Limited Company – Public Limited Company – Memorandum of Association –
Articles of Association – Prospectus – Shares – Directors – Meetings – Dividends
– Account and Audit – Borrowing – Lending – Debentures – Reconstruction and
Amalgamations – Buy Back of Shares – Winding up – SEBI Act, 1992 – RBI
Act, 1934 – Banking Regulation Act, 1949 – The Securitisation and
Reconstruction of Financial Assets and Enforcement of Security Interest Act,
2002

Module X : Transfer of Property

Transfer of Property Act, 1882

Definitions – Property that cannot be transferred – General Principles of Transfer


– vested and contingent interest – Conditional Transfer – Undivided Ownership –
Specific transfers like Sale, Gift, Mortgage, Lease, Charge, Exchange, Actionable
claims – Rights and Duties of the Parties to such transfers, Law of Limitation,
Interpretation of Statutes, General Clauses Act.
3. Syllabus for selection to the post of Assistant Public Prosecuter
Grade II (Kerala State Assistant Public Prosecuter Service)

Part I

Module I

General Knowledge including Current Affairs with special reference to Indian


National Movement and Renaissance in Kerala

Module II

Salient features of the Constitution – Preamble – Its significance and its place in
the interpretation of the Constitution.

Fundamental Rights – Directive Principles of State Policy – Relation between


Fundamental Rights and Directive Principles – Fundamental Duties.

Executive – Legislature – Judiciary – Both at Union and State Level – Other


Constitutional Authorities.

Centre-State Relations – Legislative – Administrative and Financial.

Services under the Union and the States.

Emergency Provisions.

Amendment Provisions of the Constitution.

Module III

Language Skill (General English)

Part II

Module IV : (Cr. P.C, 1973)

Definitions – Criminal Courts – Constitution and Powers – Arrest – Processes –


Search – Reciprocal arrangements for assistance – Recording of Confession –
Investigation – Jurisdiction as to inquiry and trial – Cognizance of Offences –
Complaint to Magistrate – Compounding and Withdrawal – Plea bargaining –
Transfer of Criminal Cases – Bail and Bonds – Limitation – Charge.
Module V

Trial of Summons Case and Warrant Case – Summary Trial – Mode of Taking
and recording evidence – Batta – Rule against double jeopardy – Accomplice and
Approver – Procedure when accused an unsound person – Committal Proceedings
– Procedure in the case of offences affecting administration of justice – Judgment,
appeal, Revision and Reference – Execution, Remission and Commutation of
sentences – Levy and recovery of fine – Disposal of Property – Compensation,
code of criminal procedure 1973.

Absconding Accused – Remand – Notification of residence of released convicts,


Certified copies – Production, return and submission of records, Criminal rules of
Practice (Kerala) 1982.

Procedure when accused is a person under law relating to armed forces, Criminal
Courts and Court Martial ( Adjustment of jurisdiction ) Rules, 1978.

Module VI : Indian Evidence Act, 1872

Relevancy of Facts – Admission and Confession – Dying declaration –


Statements under special circumstances – Relevance of Judgments – Expert
Opinion – Character as a relevant Factor – Proof of Facts – Oral and documentary
evidence – Examination – Presumption as to documents – Exclusion of oral
evidence – Burden of Proof – Estoppel – Witnesses – Privileged Communications

Module VII : ( IPC 1860 )

Definitions – Punishments – General Exceptions – Abetment and Conspiracy –


Offences against State – Public Tranquility – Public Servants – Electoral Offences
– Perjury and Forgery – Offences relating to Coin and Govt. Stamps – Offences
affecting Public Health, safety, convenience, decency and morality – Religious
Offences – offences affecting Human body – Sexual Offences.

Module VIII

Offences against property – Offences relating to documents and property marks –


Offences relating to marriage – Defamation - Criminal Intimidation, Insult and
annoyance – attempt (IPC, 1860)

Offences under the Arms Act, 1959 – Offences under the Explosives Act, 1884
and Explosive Substances Act, 1908

Offences – Rescue and Rehabilitation (Immoral Traffic Prevention Act, 1956)


Module IX

Offences under the Abkari Act – Offences under the Kerala Police Act, 2011 –
Offences under Kerala Gaming Act, 1960

Cruelty to animals – Restriction on exhibition and training of performing animals


– Offences (Prevention of Cruelty to Animals Act, 1960)

Legal recognition to electronic records – attribution Acknowledgement and


Despatch of Electronic records – Authorities under the Act – Digital Signature –
Offences (Information Technology Act , 2000)

Authorities – Offences – Analysis of food – Adjudicating Officer – Appellate


Tribunal – Appeal (Food Safety and Standards Act, 2006)

Offences – Presumptions – Forfeiture of property – Release on probation (NDPS


Act, 1985)

Module X

Authorities – Powers and functions – Juvenile in conflict with law – Child in need
of care and protection – Rehabilitation and Social Re-integration – Enquiry,
Appeal and Revision – Advisory Board [Juvenile Justice (Care and Protection of
Children) Act, 2000]

Release of Offenders – Various Options – Procedure – Probation Officers


(Probation of Offenders Act, 1958)

Psychiatric Hospitals and Psychiatric Nursing Homes – Reception Orders –


Admission and Detention of Mentally ill persons – Legal Aid (The Mental Health
Act, 1987) – Entitlement to Legal Services – Constitution, function, powers and
procedure of Lok Adalat (Legal Services Authorities Act, 1987)

Extradition of fugitives – Role of Magistrate Court (Indian Extradition Act, 1962)


4. Syllabus for selection to the post of District Executive Officer /
Additional District Executive Officer (Company / Corporation /Board
– Kerala Motor Transport Worker's Welfare Fund)

Part I

Module I

General Knowledge including Current Affairs with special reference to Indian


National Movement and Renaissance in Kerala

Module II

Salient features of the Constitution – Preamble – Its significance and its place in
the interpretation of the Constitution.

Fundamental Rights – Directive Principles of State Policy – Relation between


Fundamental Rights and Directive Principles – Fundamental Duties.

Executive – Legislature – Judiciary – Both at Union and State Level – Other


Constitutional Authorities.

Centre-State Relations – Legislative – Administrative and Financial.

Services under the Union and the States.

Emergency Provisions.

Amendment Provisions of the Constitution.

Module III

Language Skill (General English)

Part II

Module IV

Indian Evidence Act 1872 – Meaning of evidence – Relevancy of facts –


documentary evidence – Primary and Secondary – examination of witnesses.
Code of Civil Procedure 1908 – Jurisdiction of courts – Civil Suit – Resjudicata
– Res Subjudice – Place of suing – Institution of suits – Judgment and Decree –
Reference – Review – Revision
Module V

Administrative Law – Delegated legislation – Principles of Natural Justice –


Judicial Remedy – Writ Jurisdiction – Central Administrative Tribunals. The
Right to Information Act, 2005 – Object of the Act – Meaning of Information –
Exemption from disclosure of information – Penalties

Module VI

Kerala Motor Transport Workers Welfare Fund Act, 1985


Definitions – Constitution of Welfare Funds – Welfare Fund Board – Officers
under the Act. The Motor Vehicles Act, 1988 – Necessity for driving Licence –
Suspension of driving licence – Special provisions in regard to control of
transport vehicles – Offence, penalties and procedures under the Act.

Module VII

The Industrial Disputes Act, 1947 – Definitions – Workman – Industrial


Dispute – industry – individual dispute – Authorities under the Act – Strike –
Lock out-Lay off – Retrenchment – Unfair Labour Practices. The Trade Unions
Act, 1926 – Legal Protection to registered trade unions – Civil and Criminal –
Registration of Trade Unions – General and Political Funds – Recognition of
Trade Unions – Collective bargaining. Factories Act, 1948 – Provisions
regarding health, safety, Hazardous Process and welfare – Working hours –
Penalties.

Module VIII

The Employees Compensation Act, 1923 – Meaning of Injury – Disability –


Occupational disease – Employer's Liability – arising out of and in the course of
employment – Notional extension Principle – Commissioners for employees
compensation. The Employee's State Insurance Act, 1948 – ESI Corporation –
Standing Committee – Benefits under the Act – Medical Benefit Council –
Adjudication of Disputes – Penalties. The Employees Provident Fund (And
Miscellaneous Provisions ) Act, 1952 – Employees Provident Fund scheme –
Employees Family Pension scheme – Authorities under the Act.

Module IX

The Minimum Wages Act, 1948 – Fixation of Minimum Rates Wages –


Determination of wages and Claims – Hours of Work – Payment of minimum
rates of wages – Penalties. The Payment of Wages Act, 1936 – Payment of
Wages – Deductions from wages – Authorities.
Module X

Indian Contract Act, 1872 – Essential elements of a valid contract – Void and
voidable contracts – Remedies for breach of contract. Company Law – Meaning
and kinds of companies – Formation of a company – Memorandum and Articles
of association – Winding up of companies. Information Technology Act, 2000 –
Electronic contracts – Cyber crimes – Digital signature -Authorities under the
Act.
5. Syllabus for selection to the post of Sheristadar (Judicial
Department)

Part I

Module I

General Knowledge including current affairs with special reference to Indian


National Movement and renaissance in Kerala

Module II

Salient features of the Constitution – Preamble – Its significance and its place in
the interpretation of the Constitution.

Fundamental Rights – Directive Principles of State Policy – Relation between


Fundamental Rights and Directive Principles – Fundamental Duties.

Executive – Legislature – Judiciary – Both at Union and State Level – Other


Constitutional Authorities.

Centre-State Relations – Legislative – Administrative and Financial.

Services under the Union and the States.

Emergency Provisions.

Amendment Provisions of the Constitution.

Module III

Language Skill (General English)

Part II

Module IV : Law of Criminal Procedure

Code of Criminal Procedure, 1973 – definitions – hierarchy, powers & functions


of courts – procedure – distinction between judicial and executive magistrates –
Schedule I – period of limitation – sub systems involved in criminal justice
administration : Public, Government Officials, Police, Public Prosecutors,
Defence lawyers, Media, Scientific experts – procedure, functions and roles,
rights of accused, plea bargaining.
Module V : Criminal Rules of practice

Criminal Rules of Practice in Kerala, 1982 – entire Rules – Appendix I to VI –


Circulars relating to exhibition of name boards by Judicial Officers in vehicles,
extradition of accused.

Module VI: Extradition of Accused, Juvenile Justice and Mental Health

Extradition Act, 1952 and Rules, Juvenile Justice Act, 2000 and Rules, Mental
Health Act, 1987 and Rules

Module VII: Legal Aid to Poor, Probation of Offenders, Domestic Violence

Legal Service Authorities Act, 1987 and Rules, Probation of Offenders Act, 1958
and Rules, Domestic Violence Act, 2005 and Rules

Module VIII : Information Technology and Right to Information

Information Technology Act, 2000 and Rules; and Right to Information Act, 2005
and Rules

Module IX : Court Fees, Stamp Duty, and Limitation

Limitation Act 1963, Kerala Court Fees and Suit Valuation Act, 1959 and Kerala
Stamp Act, 1959

Module X : Service Rules

Kerala Service Rules (K.S.R.), Kerala Subordinate Service Rules (K.S.S.R.),


Manual of Office procedure (M. O. P.)

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