Noida International University

School of Law and Legal Affairs

BB.A.LL.B.VII Semester Syllabus

Subject: Law of Evidence Subject Code: BBALLB701

COURSE CONTENTS:

UNIT-I: The Indian Evidence Act, 1872

 Salient features of the Act
 Meaning and kinds of Evidence
 Interpretation clause — May Presume, Shall presume and Conclusive proof
 Fact, Fact in issue and Relevant facts
 Distinction between Relevancy and Admissibility
 Doctrine of Res Gestae
 Motive, preparation and conduct
 Conspiracy
 When Facts not otherwise relevant become relevant
 Right and custom
 Facts showing the state of mind etc

UNIT -II : Admissions & Confessions:

 General Principles concerning Admissions
 Differences between "Admission" and "Confession"
 Confessions obtained by inducement , threat or promise
 Confessions made to police officer
 Statement made in the custody of a police officer
 Admissibility of Confessions made by one accused person against co-accused.
 Dying Declarations and their evidentiary value
 Other Statements by persons who cannot be called as Witnesses
 Admissibility of evidence of witnesses in previous judicial proceedings in subsequent judicial
proceedings

UNIT -III: Relevancy of Judgments

 Opinion of witnesses
 Expert's opinion
 Opinion on Relationship especially proof of marriage
 Facts which need not be proved
 Oral and Documentary Evidence
 General Principles concerning oral evidence and documentary evidence
 Primary and Secondary evidence
 Modes of proof of execution of documents
 Presumptions as to documents
 General Principles regarding Exclusion of Oral by Documentary Evidence.

UNIT -IV: Rules relating to Burden of Proof –

 Presumption as to Dowry Death
 Estoppels
 Kinds of estoppels
 Res Judicata,
 Waiver and Presumption
UNIT -V: Competency to testify
 Privileged communications
 Testimony of Accomplice
 Examination in Chief, Cross examination and Re-examination
 Leading questions
 Lawful questions in cross examination
 Compulsion to answer questions put to witness
 Hostile witness
 Impeaching the credit of witness
 Refreshing memory
 Questions of corroboration
 Improper admission and rejection of evidence.

Books and References:

1) BatukLal: The Law of Evidence, 13th Edition, Central Law Agency, Allahabad, 1998.
2) M. Munir: Principles and Digest of the Law of Evidence, 10th Edition (in 2 vols),Universal Book
Agency, Allahabad, 1994.
3) Vepa P. Saradhi: Law of Evidence 4th Edn. Eastern Book Co., Lucknow, 1989.
4) Avtar Singh: Principles of the Law of Evidence, 11th Edn. Central Law Publications.
5) V. Krishnama Chary: The Law of Evidence, 4th Edn. S.Gogia& Company, Hyderabad
 Noida International University
School Of Law and Legal Affairs
BB.A.LL.B. VII Semester Syllabus

Subject: Civil Procedure Code and Limitation Act Subject Code: BBALLB702

COURSE CONTENTS:
UNIT-I: Codification of Civil Procedure and Introduction to CPC
 Principal features of the Civil Procedure Code
 Hierarchy of courts
 Suits — Parties to Suit
 Framing of Suit —Institution of Suits — Bars of Suit
 Doctrines of Sub Judice and Res Judicata
 Place of Suing — Transfer of suits — Territorial Jurisdiction
 Cause of Action and Jurisdictional Bars
 Summons, Service of Foreign summons.

UNIT -II Pleadings

 Contents of pleadings
 Forms of Pleading
 Striking out / Amendment of Pleadings
 Plaint— Essentials of Plaint - Return of Plaint—Rejection of Plaint
 Production and marking of Documents
 Written Statement — counter claim — Set off — Framing of issues.

UNIT -III Appearance and Examination of parties & Adjournments

 Ex-parte Procedure
 Summoning and Attendance of Witnesses
 Examination — Admissions
 Production, Impounding, Return of Documents
 Hearing — Affidavit
 Judgment and Decree — Concepts of Judgment, Decree, and Interim Orders and Stay Injunctions
— Appointment of Receivers and Commissions —
 Costs
 Execution — Concept of Execution — General Principles of Execution
 Arrest and detention — Attachment and Sale.

UNIT –IV Suits in Particular Cases

 Suits by or against Government
 Suits relating to public matters;
 Suits by or against minors, persons with unsound mind,
 Suits by indigent persons
 Interpleader suits
 Incidental and supplementary proceedings
 Appeals, Reference, Review and Revision — General Provisions Relating to Appeals.

UNIT –V Law of Limitation

 Concept of Limitation
 Object of limitation
 General Principles of Limitation
 Extension — Condonation of delay — Sufficient Cause —
 Computation of limitation
Books & References:

1) Mulla,Code of Civil Procedure Code (1999)Universal, Delhi.

2) C.K. Thakkar ,Code of Civil Procedure Code(2000)Universal ,Delhi.
3) M.R.Mallik (ed)B.B. Mitra, On Limitation Act (1998) Eastern ,Lucknow.
4) P.K. Majumdar and R. P. Kataria, Commentry On The Code of Civil Procedure Code-
1908,Universal ,Delhi.
5) P.K.Mukharjee,LimitationAct,Allahabad Law Agency.
6) Shailendra Malik, Code Of Civil Procedure ,27th Edition,2011,Allahabad Law Agency.
7) Dr.AvtarSing,Code of Civil Procedure,Central Law Publication,Allhabad.
8) SarkarsCommentry on The Civil Procedure Code ,Dwivedi ,Allahabad Law Agency.
 Noida International University
School of Law and Legal Affairs
BB.A.LL.B. VII Semester Syllabus

Subject: Professional Ethics Accountancy for Lawyers and Bench Bar Relations
Subject Code: BBALLB703
COURSE CONTENTS:

UNIT –I Admission, Enrolment & Rights of Advocate

 Importance of Legal Profession.
 Persons who may be admitted as advocate on a State roll.
 Disqualification for enrolment
 Rights of Advocates
 State Bar Councils
o Establishment and Organization
o Powers and Functions
 Bar Council of India
o Organization
o Powers and Functions

UNIT – II Ethics of Legal Profession

 Meaning, Nature and Need
 Duty to the Client

UNIT – III Punishment for Professional or Other Misconduct

 Professional or other Misconduct- Meaning and Scope
 The Body or Authority empowered to punish for professional or other misconduct.
o State Bar Council and its disciplinary committee
o Bar Council of India- and its disciplinary committee
 3. Complaint against advocates and procedure to be followed by the Disciplinary Committee.
 Remedies against the order of punishment.

UNIT – IV Bench- Bar Relation

 Role of Judge on Maintaining Rule of Law
 Mutual Respect
 Maintenance of orderly society
 Invaluable aid of advocates to Judges
 Privilege of Advocates
 Duty to avoid interruption of Council
 Administration of Justice clean & Pure
 Uncourteous conduct, Misconduct of lawyers and Insulting Language.

UNIT – V Meaning and Categories of Contempt of Court

 Contempt of Court- Its meaning and Nature
 Kinds of Contempt
o Criminal Contempt
o Civil Contempt
 Contempt by Lawyers
 Contempt by Judges, Magistrates or other persons acting judicially
 Contempt by State, Corporate bodies & other officers
Books & References:

1) J.P.S. Sirohi : Professional Ethics, Lawyer’s Accountability, Bench- Bar Relationship.

 Noida International University
School of Law and Legal Affairs
BB.A.LL.B. VII Semester Syllabus

Subject: Intellectual Property Rights Subject Code: BBALLB704

COURSE CONTENTS:

UNIT-I
 Meaning, Nature, Classification and protection of Intellectual Property
 The main forms of Intellectual Property
 Copyright, Trademarks, Patents, Designs , etc.
 International instruments concerning Intellectual Property Rights
 The World Intellectual Property Organization (WIPO) and the UNEESCO,
 International Trade Agreements concerning IPR
 WTO
 TRIPS

UNIT–II
The Copy Right Act, 1957
 Historical evolution — Meaning of copyright
 Copyright in literary, dramatic and musical works, computer programmes and cinematograph
films
 Rights of performers and broadcasters, etc.
 Registration of Copy Right Term of Copy Right;
 Ownership and Assignment of copyright
 Infringement of copyright
 Criteria of infringement
 Authorities under the Act
 Remedies for infringement of copyright.
UNIT –III : The Trade Marks Act, 1999
 Definition of Trademarks
 Distinction between Trademark and Property Mark - Registration
 Passing off Infringement of Trademark
 Criteria of Infringement, Remedies.
 The Designs Act, 2000
 Definition and characteristics of Design
 Protection and rights of design holders
 Copyright in design
 Registration
 Remedies for infringement.
 Trademark and Domain Name Interface .
UNIT –IV: Patents
 Concept of Patent
 Historical overview of the Patents Law in India
 Patentable Inventions
 Kinds of Patents
 Procedure for obtaining patent
 The Patents Act, 1970
 Use and exercise of rights
 The notion of abuse of patent rights
 Infringement of patent rights and remedies available.
UNIT – V: Geographical indication.-
 Plant varieties
 Traditional knowledge
 Bio piracy,
 Patentability of Biotechnology and micro organize.

Books & References:

1) G.B. Reddy – Intellectual property Rights & Law, Gogia Law agency Hyderabad.
2) Comish W.R. 0 Intellectual Property, Patents, Trademarks, Copyrights and Allied Rights.
3) VikasVashisht – Law and Practice of intellectual Property, (1999), Bharat Law House Delhi.
4) P. Narayanan – Intellectual Property Law, (1999), (ed), Eastern Law House, Calcutta.
5) BibeckDebroy – (ed), Intellectual Property Rights, (1998), Rajiv Gandhi Foundation, Delhi.
6) U.I.F. Anderfelt – International Patent Legislation and Developing Countries, (1971).
7) Comish W.R. – Intellectual Property, (3rd Edn), (1996), Sweet & Maxwell.
8) W.R. Mann – Transfer of Technology (1982).
9) Mata Din – Law of Passing Off and Infringement Action of Trademarks (1986).
10) P.S. Sangal& Kishore Singh – Indian Patent System and Pairs Convention – Legal Perspectives
(1987).
 Noida International University
School of Law and Legal Affairs
BB.A.LL.B. VII Semester Syllabus

Subject: Human Right Law and Practices Subject Code: BBALLB705

COURSE CONTENTS:
UNIT – I: Concept
 Historical Development and concept of Human Right
 Human Right in India ancient, medieval and modern concept of rights
 Human Right in Western tradition
 Concept of natural law and natural rights
 Human Right in legal tradition: International Law and National Law
 UN and Human Rights
 Universal Declaration of Human Rights (1980) - individual and group rights
 Covenant on political and Civil Rights (1966)

UNIT - II Conventions
 Convention on economic social and cultural Rights 1966
 Convention on the elimination of all forms of discrimination against women
 Convention on the rights of the child

UNIT – III Impact and Implementation

 Impact and Implementation of International Human Rights Norms in India
 Human rights norms reflected in fundamental rights in the constitution
 3. Directive principles: legislative and administrative implementation of international human
rights norms through judicial process

UNIT –IV Disadvantaged Groups

 Human Rights and disadvantaged Groups – women, prisoners, child, Dalits, Aid victims, and
Minorities
 Enforcement of Human Right in India

UNIT- V Remedies
 Role of courts: the Supreme Court, High Courts and other courts
 Statutory commissions- human rights, women, minority and backward class

Books & References:

1) S.K. Awasthi and R.P. Kataria. Law Relating to Human Rights, Orient New Delhi
2) P.R. Gandhi. International Human Rights documents (1999) Universal, Delhi.
 Noida International University
School of Law and Legal Affairs
BB.A.LL.B. VII Semester Syllabus

Subject: Law of Taxation Subject Code: BBALLB706

COURSE CONTENTS:

UNIT I: INTRODUCTION, DEFINITIONS & CONCEPTS

 Introduction: Power to impose tax under the Constitution of India.

 Definitions: Assessment Year, Previous Year, Person, Assessee, Income, Gross Total Income,
Income Tax Return, Belated Return, PAN & Best Judgment Return
 Concepts: Capital Receipt, Revenue Receipt, Capital Expenditure, Revenue Expenditure,
Exemptions, Deductions, Furnishing of Return & Rates of Tax

UNIT II: RESIDENTIAL STATUS

 General Concept of Residential Status

 Residential Status: Individual, Hindi Undivided Family, Firm, Association of Persons &
Company
 Residential Status and Incidence of Taxation
 Receipt of Income
 Accrual of Income
 Income deemed to accrue or arise in India

Unit III: AGRICULTURE INCOME

 Definitions of Agriculture Income
 Income Partially agriculture and partially business
 Exemption of Agriculture Income

Unit IV: HEADS OF INCOME

 Salary – Concept, Meaning, Basis of Charge, Meaning of Perquisites, Difference between

Allowances & Perquisites
 House Property – Chargeability, Deemed Ownership, Exempted House Properties, Annual value
and its computation, Deductions
 Profits & Gains of Business & Profession – General Concept, Business Loss, Depreciation –
Meaning & Relevance, Bad Debts
 Capital Gains – Basis of Charge, Capital Asset – Meaning & Type, Short Term Capital Gain &
Long Term Capital Gain – Meaning
 Income From Other Sources – Chargeability, Incomes Included under “Income from Other
Sources”

UNIT V: INCOME OF OTHER PERSONS INCLUDED IN ASSESSEE’S TOTAL INCOME OR

CLUBBING OF INCOME

 General Concept
 Income of Individual to include income of Spouse & Son’s Wife
 Clubbing of income of Minor Child
 Self acquired property converted to joint family property
Books & References:
1) Systematic Approach to Income Tax by Dr. Girish Ahuaja & Dr. Ravi Ahuja
2) Taxman’s Direct Taxes law & Practice by Dr. Vinod K. Singhania & Dr. Kapil Singhania
3) Taxation Laws by Kailash Rai
4) Supreme Court on Direct Taxes, (1998) by Ramesh Sharma
5) Law of Income Tax, (1998) by SampatIyengar
6) The Law and Practice of Income Tax by Kanga and Palkiwala,
7) Law of Taxation, Allahabad Law Series by Myneni S.R.
8) Income Tax, Butterworth’s Publications. by Nani Palkivala.