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Sem 4

The syllabus outlines topics in family law and property law to be covered in a semester. Family law topics include adoption, minority and guardianship, surrogacy, and inheritance for Hindus, Muslims, Christians and Parsis. Property law topics include the concepts of property, transfers, remainders and estoppel, part performance, and sale of property. The syllabus allocates hours for each topic and includes modules on civil procedure code and limitation act.

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0% found this document useful (0 votes)
34 views13 pages

Sem 4

The syllabus outlines topics in family law and property law to be covered in a semester. Family law topics include adoption, minority and guardianship, surrogacy, and inheritance for Hindus, Muslims, Christians and Parsis. Property law topics include the concepts of property, transfers, remainders and estoppel, part performance, and sale of property. The syllabus allocates hours for each topic and includes modules on civil procedure code and limitation act.

Uploaded by

22010125456
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 (Semester- 4)

Family Law
Sr. Topics Hours
No.

1. Adoption (04)
1.1 Requirement of valid adoption
1.2 Capacity of Person (Male or Female) to Adopt
1.3 Person Who May Be Adopted
1.4 Requisite Formalities - Giving and Taking
1.5 Effect of Adoption
1.6 Acknowledgment of Paternity under Muslim Law
1.7 Inter-Country (Foreign) Adoption
2. Minority and Guardianship (04)

2.1 Concept of Minority


2.2 Guardianship and Parental Rights
2.3 Welfare of the Child Principle
2.4 Custody of Children
2.5 Changing Trends of Guardianship
3. Surrogacy: The Concept and its perspective (03)

3.1 Commercial Surrogacy in India


3.2 The Assisted Reproductive Technology (Regulation) Bill, 2016
3.3 Surrogacy Agreement
4. Inheritance - Hindus (12)
4.1 Historical Perspective of Traditional Hindu Law as a Background to
the Study of Hindu Succession Act
4.1.1 Coparcenary - Joint Family Property Concept under Old
Hindu Law
4.1.2 Mitakshara and Dayabhanga School
4.1.3 New trends in the Concept Of Coparcenaries
4.2 Hindu Succession Act, 1956 and Amendment Act of 2005.
4.3 Devolution of interest in Mitakshara Co-Parcenary
4.4 Succession to Property of a Hindu Male Dying Intestate
4.5 Succession to Property of a Hindu Female Dying Intestate
4.6 Concept of Stridhan
4.7 Disqualifications Relating to Succession
4.8 General Rules of Succession
4.9 Marumakattayam and Ahyasantana Laws Governing People Living
in Travancore, Cochin and districts of Malabar and South Karnataka
5. Inheritance - Muslims (05)

5.1 General Rules of Succession


5.2 Classification of Heirs under Hanafi and Ithana Ashria School
6. Inheritance - Christians and Parsis (03)

6.1 Heirs and their Shares and Distribution of Property under Indian
Succession Act, 1925 and Further Amendments.
7. Will and Codicil 7.1 Persons (04)
Capable of Making Wills
7.2 Formation of a Will
7.3 Types of Will with Reference to (S.59 to S.63) of Indian Succession
Act, 1925
7.4 Disputes Relating to Wills and Codicils
8. Settlement of Spousal Property –Need for Development of Law and (03)

Emerging Trends
9. Uniform civil code (04)
9.1 Connotations of the Directive Contained in Article 44 of the
Constitution
9.2 Impediments to the Formulation of the Uniform Civil Code
9.3 The Idea of Optional Uniform Civil Code
10. Need for Global Compatibility with International Standards Under (03)
various
Personal and Family Laws
10.1 Comparative Analysis of Personal Laws in India and in Muslim
Countries
10.2 Comparison between the Laws relating to the Succession of
Property in India and Other Countries.
10.3 Possibility of Unified Law in the Era of Globalization.
11. Tutorials (05)

12. Self Learning including projects, presentations, moot courts, simulation, (10)
exercises, film review, news review, field visit, experiential learning, guest
lectures
13. Total 60
Civil Procedure Code and Limitation Act II
Sr. No. Topics Hours
Module Execution of Decrees and Orders 5
1
1.1 Courts by which decrees may be executed
1.2 Questions to be determined by Court
1.3 Procedure in execution: Application, Stay
1.4 Modes of Execution
1.4.1 Arrest and Detention
1.4.2 Attachment of Property; Garnishee
Order; Adjudicationof Claims
1.4.3 Sale; delivery of property; distribution
of assets
1.4 Resistance to execution
Module Death, Marriage and Insolvency of Parties 1
2
2.1 Right to Sue
2.2 Abatement; dismissal
2.3 Marriage of Female Party
2.4 Procedure for bringing Legal Representative on record
Module Withdrawal and Adjustment of Suits 1
3
3.1 Withdrawal, Abandonment
3.2 Compromise, consent decree
Module Suits in Particular Cases 6
4
4.1 Suits by or against the Government or Public Officers in their official
capacity
4.2 Suits involving a substantial question of Law as to the Interpretation for
the Constitution or as to the validity of any Statutory instrument
4.3 Suits by or against military or Naval men or Airmen
4.4 Suits by or against Corporations
4.5 Suits by or against Firms and Persons carrying on business in names
other than their own
4.6 Suits by or against Trustees, executors and Administrators
4.7 Suits by or against Minors and Persons of Unsound mind
4.8 Suits relating to matters concerning the family
4.9 Suits by Indigent Persons
4.10 Suits Relating to Mortgages of Immovable Property
4.11 Interpleader Suit
4.12 Special Case upon Court’s Opinion
4.13 Public nuisances and other wrongful acts affecting the public
4.14 Suits by aliens and by or against foreign rulers, ambassadors and
envoys;
suits against rulers of former Indian states
Module Summary Suit 1
5
5.1 Applicability, Institution
5.2 Leave to defend, Power of Court to set aside decree
Module Interim Orders 4
6
6.1 Commissions
6.2 Arrest and Attachment before Judgement
6.3 Temporary Injunctions
6.4 Interlocutory Orders
6.5 Receivers
Module Review Procedures 6
7
7.1 First Appeal
7.2 Second Appeal
7.3 Appeal from Orders
7.4 Appeals by Indigent Persons
7.5Appeals to the Supreme Court
7.6Reference
7.7 Review
Module Miscellaneous 2
8
8.1 Payment into Court
8.2 Security for Costs
8.3 Exemptions, Language, Caveat, Place of Trial, Amendment of
judgements/order/decree
8.4 Special Provisions relating to High Courts; Rules
Module The Limitation Act, 1963 4
9
9.1 Concept of Limitation; History and Object of the Act; Definitions
9.2 Limitation of Suits, Appeals and Applications
9.3Condonation of Delay; Legal Disability
9.4 Computation of Period of Limitation; Exclusion of Time; Effect of
Fraud, Acknowledgement in writing etc.
9.5 Acquisition of Ownership by Possession
GRAND TOTAL 30
hours
Property Law
Sr. Topics Hours
No.
1. 1. Jurisprudence and Preliminary Rules (12)
1.1. Concept and scope
1.1.1. Meaning of property-Jurisprudence, Kinds of Properties
1.1.2. Transferable Property, Principle and Accessory Rights
1.1.3. Written and Oral Transfers
1.1.4. Restrains on Alienation, Perpetuities
1.1.5. Transfer to a class, Doctrine of Acceleration
1.1.6. Vested and Contingent Remainders, Conditional Transfers
1.2. Conflict of Right between Parties
1.2.1. Priority of Rights and Notice
1.2.2. Transfer by Limited Owners
1.2.3. Ostensible Ownership
1.2.4. Ownership By Estoppel, Lis Pendens
1.2.5. Meaning of Pendency - Conditions for the Rule to Apply
1.3. The doctrine of Part Performance
1.3.1. English Law and Conditions
1.3.2. Indian Law before the Amendment
1.3.3. Sec 53A, Summary of the Present Law
2. Sale 2.1. Of (10)
Sales Generally and Rights and Liabilities of Buyer and Seller
2.1.1. Definition of Sale
2.1.2. Parties to Sale, Passing of ownership
2.1.3. Disclosures, Title Deeds
2.1.4. Discharge of encumbrances, Payment of Price
2.1.5. Remedies before and after Conveyance
2.1.6. Unpaid Vendor's Charge, Encumbrances and Court Sales
3. Mortgages and Leases (12)

3.1. Mortgages, General Characteristics and Requisites


3.1.1. Types of Mortgages in India
3.1.2. Principles that Apply to Mortgages
3.1.3. Definition and Transfer of an Interest
3.1.4. Mortgagor's Rights - Subrogation, marshaling and Contribution
3.2. Leases, Different Kinds of Tenancies
3.2.1. Rights and Liabilities of Lessor and Lessee
3.2.2. Duties of Lessor and Lessee
3.2.3. Determination of Lease
3.3. Of Gifts, Exchange and Actionable Claims
3.3.1. Definition of Gift and Kinds (Conditional Gift, Onerous Gift)
3.3.2. Concept of Exchange
3.4. Definition of Actionable Claims
4. 1. Registration of Immovable Property (02)
4.1.Registration Act 1908
4.2. Registration of Immovable Property under the Registration Act 1907

5. Concept of Easement and Indian Easement Act (10)

5.1. Nature of Easements, Creation of Easements


5.2. Characteristics and Extinction
5.3. Licenses and related Sections of Indian Easements Act

6. Tutorials (04)

7. Self Learning including projects, presentations, moot courts, simulation, (10)


exercises, film review, news review, field visit, experiential learning, guest
lectures
8. Total 60

Developmental Lawyering Practice


Sr.No. Topics Hours
1 Legal Aid & Pro Bono Practice, Prison Advocacy Programme. 10
2 Land Rights protection Rights practice 10
3 Access to Justice for Rural and Vulnerable Sessions 10
Total 30
Introduction to Intellectual Property Law
Sr. Topic Hours
No.
1 Introduction 04
• Origin, Meaning, Evolution of Intellectual Property
• Justification / Theories
• Nature and Scope of IP

2 International Regime of Intellectual Property Rights 05


• Overview of International Regime in IP field – International
Organisations and International Treaties
• World Intellectual Property Organisation (WIPO), Paris Convention,
1967, Berne Convention for the protection of Literary and Artistic works
• WTO – TRIPS

3 Law Relating to Inventions : Overview 04


• Patentable inventions
• Procedure for filing a patent
• Opposition of Patent
• Infringement
• Injunctions and remedies
• International filing - Patent Co-operation Treaty (PCT)
• Assignment and Licensing of Patents
• Compulsory licenses
• Patents in various industries – Chemical and Pharma, IT, Biotechnology,
Civil and Mechanical Engineering

4 Law relating to Merchandise Marks: Overview 03


• Trademark Act, 1999
• Rationale of protection of TM as an aspect of commercial and consumer
rights
• Distinction between TM and Property Mark
• Registration of Trademark
• Doctrine of deceptive similarity
• Protection of well-known marks
• Passing off and infringement
• Remedies

5 Law relating to Copyright: Overview 03


• Meaning of copyright
• Author and Ownership of copyright
• Economic and Author’s special rights
• Broadcasting reproduction right and Performer’s rights
• Registration and effects, Term of copyright
• Infringement of copyright and remedies
• Acts not constituting infringement (Fair use provisions)
6 Law relating to Designs: Overview 02
• Criteria for protection of Design
• Registration and Term of Protection
• Piracy of Registered Designs and Remedies

7 Other Intellectual Property Rights 03


• Geographical Indication
• Semiconductor Layout Designs
• Trade-secrets and confidential information
• Plant variety

8 Contemporary issues relating to IPR 03


• IPR Management
• Information Technology and IPR
• IPR International Dispute Resolution
• Biodiversity and IPR
• Human Rights and IPR

9 Self-Learning including projects, presentations, moot courts, simulation, 03


exercises, film review, news review, field visit, experiential learning, guest
lectures
Total 30

Jurisprudence (Legal Theory)


Sr. No. Topics Hours
Module Introduction to Jurisprudence Total =
1 3
1.1 Meaning and Concept of Jurisprudence
1.2 Scope and Extent of Jurisprudence
1.3 Relationship of Jurisprudence with other sciences
1.4 Sources of Law
Module Approaches to Jurisprudence Total =
2 08
2.1 Greek and Roman Legal Theory
2.2 Philosophical School
2.3 Historical School
2.4 Analytical School
2.5 Sociological Approaches
2.6 Legal Realism
2.7 Revival of Natural Law
2.8 Critical legal studies; Feminist Jurisprudence
Module Legal Concepts Total =
3 7
2.1 Concept of State and Sovereignty
2.2 Rights and Duties
2.3 Ownership
2.4 Possession
2.5 Legal Personality
2.6 Obligation
2.7 Liability and Immunity
Module Theory and Concept of Justice Total =
4 5
3.1 Conceptual Scope of Justice
3.2 Theories of Justice: Rawls, Mill, Fuller, Nozick
3.3 Contemporary ideas of Justice; capability approach, distributive justice
Module Recent Trends in Jurisprudence Total =
5 2
4.1 Role of Society in Amendment of Laws: Criminal Law Amendment
2013 and 2018, decriminalization of homosexuality, Uniform Civil Code

4.2 Public Interest Litigation and Judicial Activism


Module Self-Learning including projects, presentations, moot 05
6 courts,simulation, exercises, film review, news review, field visit,
experiential learning, guest lectures
GRAND TOTAL 30
hours

Law of Crime Paper II: Criminal Procedure Code I


Sr.No. Topics Hours
1 Introduction (03)
1.1. The Rationale of the Criminal Procedure: The Importance of the
Fair Trial
1.2. Constitution of Criminal Courts and Offices
1.3. Powers of Criminal Courts
2 Pre-trial Process: Arrest (7)
2.1. The Distinction between Cognizable and Non-Cognizable
Offences: Relevance and Adequacy Problems
2.2. Steps to Ensure Presence of the Accused at Trial: Warrant and
Summons
2.3. Arrest With and Without Warrant (Sections 70-73 and 41)
2.4. The Absconder Status (Sections 82, 83, 84, and 85)
2.5. Rights of the Arrested Persons: D. K. Basu Guidelines &
Constitutional Rights
(Article 14, 20, 21, 22 of the Constitution)
2.6. Right to Know Grounds of Arrest (Section 50(1), 55, 75)
2.7. Right to be taken to Magistrate without Delay (Section 56, 57)
2.8. Right of not being detained for more than twenty-four hours
(Section 57), Article
22(2) of the Constitution of India
2.9. Right to Consult Legal Practitioner, Legal Aid and the Right to be
told of Rights to
Bail
2.10. Right to be examined by a medical practitioner (Section 54)
3 ) Pre-trial Process: F.I.R. (03)
3.1. F.I.R. (Section 154)
3.2. Evidentiary value of F.I.R. (See Sections 145 and 157 of the
Evidence Act)
4 ) Pre-trial process: Search and seizure (03)
4.1 Investigation: Powers, procedure

4.2 Investigation: Recording of statement, examination of witnesses,


Recording of Confession (section 160 to 164 of Criminal Procedure)

4.3 Constitutional Rights and related Procedural protections during


examination of accused and witnesses (Section 161, 162, 164 of Code of
Criminal Procedure)

4.4. Search warrant (Section 83, 94, 97, 98) and searches without
warrant (Section 103)
4.5. Police search during investigation
4.6. General Principles of Search (Section 100)
4.7. Seizure (Section 102)
4.8. Constitutional aspects of validity of search and seizure proceeding
5 Pre-trial process: Magisterial Powers to take Cognizance (02)

5.1 Criminal Procedure Code


5.2 Examination of Complainant

5.3 Commencement of proceedings and Issue of Process: (Section 190,


200, 201, 202, 203,

204)

6 Trial Process (02)


1. Magisterial Trials: Trial of Warrant cases, Summons cases and
Summary Trials
2. Trial before a court of Sessions: Procedural steps and Substantive
Rights
7 Bail: Concept, Purpose, Constitutional Overtones (04)
7.1. Bailable and non Bailable Offences (Sections 436, 437, 439)
7.2. Cancellation of Bail (Sections 437(5))
7.3. Anticipatory Bail (Section 438)
7.4. Appellate Bail Powers (Sections 389(1), 395(1), 437(5))
7.5. General Principles Concerning Bond (Section 441-450)
8 Charge (04)

8.1. Framing of Charge


8.2. Form and Consent of Charge (Section 211, 212, 216)
8.3. Separate Charges for Distinct Offence (Section 218-223)
8.4. Discharge Pre-Charge Evidence
9 Preliminary pleas to bar the trial (02)
9.1. Jurisdiction (Section 26, 177-188, 461, 462, 479)
9.2. Time Limitations: Rationale and Scope (Section 468-473)
9.3. Pleas of Autrefois Acquit Convict (Section 300, 220)
9.4. Compounding of Offences
9.5. Juvenile Justice Act
Total 30

Political Science
Public Law Skills

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