L.L.B. First Semester 80401
Paper—I
Jurisprudence
6841
Objectives
of the course
At the
heart of the legal enterprise is the concept of law. Without a deep
understanding of this concept neither legal education nor legal practice can be
a purposive activity oriented towards attainment of justice in society.
Moreover, without a comprehension of the cognitive and teleological foundations
of the discipline, pedagogy becomes a mere teaching of the rules. It is unable
to present various statutes, cases, procedure, practices and customers as a
systemic body of. knowledge, nor is it able to show the interconnection between
these various branches of law, procedures and principles. The fact that the
basic nature and purpose of law should be clear to every student and the it
should be the very foundation of law teaching needs little argument. A course
in jurisprudence should be the very foundation of law teaching needs little
arguments. A course in jurisprudence should, primarily, induct the student into
a realm of questions concerning law so that he is able to lie with their
perplexity and is driven to seek out answers for himself
It. may not
be possible that a one year jurisprudence course can impart knowledge of
doctrines about law and justice, developed over the years, in various nations
and historical situations. At best an undergraduate course should impart the
analytical skill and equip the student with the basic problems concerning law
and the types of solutions sought. Thus, the student not only will be able to
use this skill in practice but also is motivated to take up detailed historical
studies on his own after the course. Since a basic idea in the designing of
this course is to bring jurisprudence closer to our reality, in the selection
of cases and reading materials the teacher should try to make use of the Indian
material as far as possible.
The course
will comprise of 84 units of one hour duration. Syllabus.
1.
Introduction .
1.1 Meaning
of the term jurisprudence
1.2 Norms and the normative system
1.2.1
Different types of normative systems, such as of games, languages religious
orders, unions, clubs and customary practice.
1.2.2 Legal
system as a normative order: similarities and differences of the• legal system
with other normative systems
1.2.3 Nature
and definition of law
2. Schools
of Jurisprudence
2.1
Analytical Positivism
2.2 Nature
Law
2.3
Historical School
2.4
Sociological School
2.5
Economic interpretation of law
2.6 The
Bharat Jurisprudence
2.6.1 The
Ancient : The Concept of Dharma
2.6.2 . The
Modem : PIL, Social, Justice, Compensatory jurisprudence
3. Purpose
of Law
3.1 Justice
3.1.1
Meaning and kinds
3.1.2
Justice and law: Approaches of different schools
3.1.3 Power
of the Supreme Court of India to do complete justice in. a case: Article 142 .
.
3.1.4
Critical Studies
3.1.5
Feminist Jurisprudence
4. Sources
of Law
4.1
Legislation
4.2
Precedents : Concept of Stare decisis
4.3 Customs
4.4
Juristic writings
5. Legál Right
: The Concept
5.1 Rights :
Kinds
5.2 Right
duty correlation
6. Persons
6.1 Nature
of Personality
6.2 Status
of the unborn, minor, lunatic drunken and dead persons]
6.3
Corporate Personality
6.4
Dimensions of the modem legal personality : Legal personality of non-human
beings.
7.
Possession The Concept
7.1 Kinds
of Possession
8.
Ownership The Concept
8.1 Kinds
of Ownership
8.2
Difference between possession and ownership
9.1 Title
10. Property : The Concept Unit 3
10.1 Kinds of Property
11.
Liability
11.1
Conditions for imposing liability
11.1.1
Wrongful Act
11.1.2
Damnum Sine injuna
11.1.3
Causation
11.l.4Mensrea
11.1.5
Intention
11.1.6
Malice
11.1.7
Negligence and recklessness
11.1.8
Strict Liability
11.1.9
Vicarious liability
12.
Obligation Nature and Kinds
12.1 Sources of obligation
13. Procedure
13.1 Substantive and procedural
laws Difference
13.2 Evidence : Nature and Kinds
Selected Bibliography
Bodenheimer
Jurisprudence - The Philosophy and Method of Law (1996). Universal, Delhi.
Fetzgerald,
(ed) Salmond on Jurisprudence (1999) Tripathi, Bombay
W.
Frieridmarin, Legal Theory (1999) Universal, Delhi
V.D.
Mahajan, Jurisprudence and Legal Theoiy(1996 Re-print), Eastern, Lucknow
M.D.A.
Freeman (ed). Lloyd’s Introduction t Jurisprudence (1994), Sweet & Maxwell
Paton G.W.,
Jurisprudence (1972) Oxford
H.L.A.
Hart, The Concepts of Law (1970) Oxford
Roscoe
Pond, Introduction to the Philosophy of Law (1998 Re-Print) Universal, Delhi
Dias,
Jurisprudence (1994 First Indian re-Print), Adithya Books, New Delhi
Dhyani SN.,
Jurisprudence : A study of Indian Legal Theory (1985) Metropolitan, New
L.LB. First Semester
Paper – II
Law of Contract 6842
Objective of the Course
Every man
in his day to day life from dawn to dusk makes a variety of contracts. Man’s
contract making activities increase with the increasing trade, commerce and
industry. In a way living in a modem society would be impossible if the law did
not recognize this contract making power of a person. This prompted Rescoe
Pound to make his celebrated observation “Wealth, in a commercial age, is made
up largely of promises”. In this sense India
The
conferment and protection by the law of this contract making power of persons
gives them a considerable leeway to strike best bargain for the contract making
persons. In a way they are permitted to regulate and define their relations in
a best possible manner they chose. However, the contours of contractual
relations in a feudal, colonial and capitalist society of pre-independence India India
This course
is designed to acquaint a student with the conceptual and operational
parameters of these various general principles of contractual relations.
Specific
enforcement of contract is an important aspect of the law of contracts.
Analysis of the kinds of contracts that can be specifiàally enforced and the
methods of enforcement forms a significant segment of this study.
The
following syllabus prepared with this perspective will comprise of about 84
Units of one-hour duration.
Syllabus —
1. General
Principles of Law of Contract
1.1 History
and Nature of contractual obligations
1.2
Agreement and contract Definitions, elements and kinds.
1.3
Proposal and acceptance — their various forms, essential elements,
communication and revocation- proposal and invitations for proposal- floating
offers — tenders dumping of goods.
1.4
Consideration — its need, meaning, kinds, essential elements — nudum pactum —
privity of contract and of consideration-its exceptions-adequacy of
consideration- present, past and adequate consideration-unlawful consideration
and its effects- views of Law Commission of India on consideration-evaluation
of the doctrine of consideration.
1.5
Capacity of contract-meaning-incapacity arising out of status and mental
defectminor’s agreements- definition of ‘minor’ — accessories supplied to a minor
agreements beneficial and detrimental to a minor — affirmation- restitution in
cases of minor’s agreements-fraud by a minor-agreements made on behalf of a
minor minor’s agreements and estoppel-evaluation of the law relating to minor’s
agreements-other illustrations of incapacity to contract.
1 6. Free
consent — Its need and definitions- factors vitiating free consent.
1.6.1
Coercion-definition-essential elements- duress and coercion-various
illustrations of coercion-doctrine of economic duress-effect of coercion.
1.6.2 Undue
Influence-definition-essential elements- between which parties can it exist?
Who is to prove it? Illustrations of undue influence- independent
advicepardahanshin women-unconscionable bargains effect of undue influence.
1.6.3
Misrepresentation — definition — misrepresentation of law and of fact- their
effects and illustration.
1.6.4 Fraud
— definition-essential elements — suggestion falsi-suppresioveriwhen does
silence amounts to fraud? Active-concealment of truth- importance of intention.
1.6.5
Mistake-definition-kinds-fundamental error-mistake of law and of fact — their
effects-when does a mistake vitiate free consent and when does it not vitiate
free consent?
1.7
Legality of objects:
1.7.1 Void
agreements — lawful and unlawful considerations, and objects — viod, viodable,
illegal and unlawful agreements and their effects.
1.7.2
Unlawful considerations and objects.
1.7.2.1
Forbidden by law
1 .7.2.2
Defeating the provision of any law
1.7.2.3
Fraudulent
1.7.2.4
Injurious to person or property
1.7.2.5
Immoral
1.7.2.6
Against public policy
1.7.3 Void
Agreements
1.7.3.1
Agreements without consideration
1.7.3.2
Agreements in restraint of marriage
1.7.3.3
Agreements in restraint of trade- Its exceptions- Sale of goodful, section 11
restrictions, under the partnership Act, ‘trade combinations, exclusive dealing
agreements, restraints on employees under agreements of service
1.7.3:4
Agreements in restraint of legal proceedings- Its exceptions
1.7.3.5
Uncertain agreements
1.7.3.6
Watering agreement — Its exception.
1.8
Discharge of a contract and its various modes
1.8.1 By
performance- Conditions of valid tender of performance- How? By whom ? Where ?
when ? in what manner? Performance of reciprocal promises- Time as essence of
contract
1.8.2 By
breach — Anticipatory breach and present breach
1.8.3
Impossibility of performance- Specific grounds of frustrationApplication to
leasestheories of frustration- Effect of frustrationfrustration and restitution.
1.8.4 By
period of limitation
1.8.5 By
agreement- rescission and alteration — their effect — remission and waiver of
performance — extension of time- Accord and satisfaction.
1.9 Quasi-
Contracts or certain relations resembling those created by contract
1.10
Remedies in contractual relations
1.10.1
Damages- Kinds- Remoteness of damages- ascertaoment of damages
1.10.2
Injunction-when granted and when refused- Why?
1.10.3
Refund and restitution
1.10.4
Specific Performance- When? Why?
2.
Government as a Contracting Party
Constitutional
provisions — Government power to contract- procedural requirements-kinds of
government contracts-their usual clauses — performance of such contracts-
settlements of disputes and remedies
3. Standard
Form Contracts
Nature, advantages
— unilateral character, principles of protection against the possible of
exploitation- judicial approach to such contracts- Exemption clauses — Clash
between two standard form contracts-Law Commission of India’s views
4.
Multi-national Agreement
5.
Strategies and constraints to enforce contractual obligations
5.1
Judicial methods- redresssal forum, remedies
5.2 Other
methods like arbitration, Lok Adalat, Nyaya Panchayat and other such non formal
methods
5.3
Systemic constraints in setting contractual disputes
5.3.1 Court
fees, serice of summons, injections, delay.
6. Specific relief
6.1
Specific performance of contract
6.1.2
Contract that can be specifically enforced
6.1.3
Persons against whom specific enforcement can be ordered
6.2
Rescission and cancellation
6.3
Injunction
6.3.1
Temporary
63.2
Perpetual
6.4
Declaratory orders
6.5
Discretion and powers of courts
Leading Cases
1. Carlil
V/s. Carbalic smoke Ball Company 1863 I.Q.B. 256)
2.
Mahanbibi V/s. Dharmodas Ghash (1903 ILR 30 Cal
3. Sactyabvata
Ghosh V/s. Mugniram Bangur of Co. (AIR 1954 5C
44. S.C.R. 310 (1954)
4. M/s.
Murlidhar Chimjit Lal V/s. Harish Chandra Dwaraka Das and others (AIR 1962 SC
36)
Select Bibliography
Beatsen
(ed.) Anson’s Law of Contract (27ed 1998)
P.S. Atiya,
Introduction to the law of Contract 1992 reprint (Cleredon Law Series)
Avtar
Singh, Law of Contract (2000) Eastern, Lucknow
G.C.
Cheshire, and H.S. Fifoot and M.P. Firmston, Law of Contract (1992) ELLLBS with
Butterworths
M. Krishnan
Nair, Law of Contract (1998)
G.H.
Traitel, Law of Contract, Sweet and Maxwell (1997 Reprint)
R.K.
Abihandani (ed) Pollock and Mulla on the Indian Contract and the Specific
Relief Act (1999), Tripathi
Anson, Law
of Contract (1 998), Universal
Anand and
Aiyer, Law of Specific Relief (1999), Universal
L.L.B. First Semester
Paper - III
Special Contract 6843
Objective
of the course
This course
of to be taught after the students have been made familiar with the general
principals of contract in which the emphases is on understanding and
appreciating the basic essentials of a valid contract and on the existence of
contractual relationship in various instances. Obviously, a course on special
contracts should initiate the students to different kinds of contracts with
emphasis on the intricacies therein. This course also should provide an insight
into the justification for special statutory provisions for certain kinds of
contracts.
The paper
comprises of about 84 units of one hour durations.
Syllabus
1.
Indemnity
1.1 The
concept
1.2 Need
for indemnity to facilitate commercial transactions.
1.3 Methods
of creating indemnity obligations.
1.4
Definition of indemnity
1.5 Nature
and extent of liability of the. indemnifier
1.6 Commencement
of liability of the indemnifier
1.7
Situations of various types of indemnity creations.
1.8
Documents/agreements of indemnity
1.9 Nature
of indemnity clauses
1.10
Indemnity in cases of International Transactions
1.11
Indemnity by governments during interstate transactions
2..
Guarantee
2.1 The
Concept
2.2
Definition of guarantee as distinguished from indemnity
2.3 Basic
essentials for a valid guarantee contract.
2.4 The
Place of consideration and the criteria for ascertaining the existence of consideration
in guarantee contracts
2.5
Position of minor and validity of guarantee when minor is the principal debtor,
creditor of surety.
2.6
Continuing guarantee
2.6.1
Nature of surety’s liability
2.6.2
Duration and termination of such liability
2.7 Illustrative
situations of existence of continuing guarantee
2.7.1
Creation and identification of continuing guarantees.
2.8 Letters
ofcredit and bank guarantees as instances of guarantee transactions
2,9 Rights
of surety.
2.9.1
Position of surety in the eye of law
2.9.2
Various judicial inteipretations to pmtect the surety
2.10
Co-surety and manner of sharing liabilities and rights.
2.11 Extent
of surety’s liability
2.12
Discharge of surety’s liability
3. Bailment
3.1
Identification of bailment contracts in day today life,
3.1.1
Manner of creation of such contracts
3.2
Commercial utility of bailment contracts
3.3
Definition of bailment
3.4 Kinds
of bailees
3.5 Duties
of bailor and Bailee towards each other
3.6 Rights
of bailor and Bailee
3.7 Finder
of goods as abailee
3.7.1
Liability towards the true owner.
3.7.2
Obligation to keep the goods safe
3.7.3 Right
to dispose off the goods
4. Pledge
4.1 Pledge:
Comparison with bailment
4.2
Commercial utility of pledge transactions
4.3
Definition of pledge under the Indian contract Act.
4.4 Other
statutory regulations (State & Centre) regarding pledge, reasons for the
same.
4.5 Rights
of the pawner and pawnee
4.5.1
Pownee’s right of sale as compared to that of an ordinary bailee
4.6 Pledge
by certain specified persons mentioned in the Indian Contract Act.
5. Agency
5.1
Identification of different kinds of agency transactions in day to day life in
the commercial world
5.2 Kinds
of agents and agencies
5.2.1
Distinction between agent and servant
5.3
Essentials of a agency transaction
5.4 Various
methods of creation of agency
5.5
Delegation
5.6 Duties
and rights of agent
5.7 Scope
and extent of agent’s authority
5.8
Liability of the principal for acts of the agent including misconduct and tort
of the agent.
5.9
Liability of the agent towards the principal
5.10
Personal liability towards the parties
5.11
Methods of termination of agency contract
5.11.1
Liability of the principal and agent before and after such termination
6. Sale
6.1 Concept
of sale as a contract
6.2 illustrative
instances of sale of goods and the nature of such contracts
6.3
Essentials of contract of sale
6.4
Essentials conditions in every contract of sale
6.5 1mplied
terms in contract of sale
6.6 The
rule of caveat emptor and the exceptions thereto under the Sale of Goods Acts.
6.7
Changing concept of caveat emptor
6.8 Effect
and meaning of implied warranties in a sale
6.9
Transfer of title and passing of risk
6.10
Delivery of goods : Various rules regarding delivery of goods
6.11 Unpaid
seller and his rights
6.12
Remedies for breach of contract
7.
Partnership
7.1 Nature
of partnership definftion
7.2
Distinct advantages and disadvantages vis-â-vis partnership and private limited
company.
7.3 Mutual
relationship between partners
7.4
Authority of Partners
7.5
Admission of Partners
7.6
Outgoing of partners
7.7
Registration of Partnership
7.8
Dissolution of Partnership
8.
Negotiable Instruments
8.1 The
Concept
8.2 Various
kinds
8.3
Essential requirements to making and negotiation
8.4
Competent parties for making and negotiations
8.5
Acceptance of the instrument
8.6
Dishonour by non acceptance and remedies remedies available to the holder
8.7 Holder
and holder in due course: meaning essential conditions rights and privileges of
holder in course and indorsee from the holder in due course
8.8
Negotiation of the instrument
8.9
Presentment of the instrument
8.10
Cheques : rules regarding payment of cheque
8.10.1
Liability of the collecting banker and paying banker
8 10.2
Dishonour of cheque and its effects.
8.10.3
Discharge from liability
8.11 Kinds
of bills
8.12
Evidence
8.12.1
Special rules of evidence regarding negotiable instruments
Selected
Bibliography
R.K.
Abhichandarn (ed.) Pollock and Mulla on Contracts and Specific Relief Acts
(1999) Tripathi Bombay.
Avtar
Singh, Contract Act (2000), Eastern, Lucknow
Krishnan
Nair, Law of Contract (1999) Orient
Avtar
Singh, Principals of the Law of Sale of Goods
and Hire Purchase (1998), Eastern, Lucknow
J.P. Verma
(ed.) Singh and Gupta, The Law of Partnership in India
(1999), Orient Law House, New Delhi
AG. Guest
(ed.), Banarjee’s Sale of Goods (1992), Sweet and Maxwell.
Bhashyam
and Adiga, The Negotiable Instruments Act (1995), Bharath, Allahabad
Ramnainga,
The Sales of Goods Act (1998), Universal
L.L.B. First Semester
Paper – IV
Family Law- I (Hindu Law) 6844
1. Nature
and Origin of Hindu Law.
2. Sources
of Hindu Law and schools of Hindu Law.
3.
Caparecners and Capancenxy property — Mitakshasa and Dayabhas law
4. Debts
5.
Partition
6. Gifts
7. Wills
8. Religions
and charilable endowments
9. Hindu
Marriage Act 1955
10. Hindu
Succession Act 1956 Hind Succession Act (Amendment) 1990
11.
Stridhan and women Estate
12
Guardianship
13. Joint
family
14. Hindu
Adoption and maintenance Act 1956
Leading
Case
1. Saroj
Rani V/s. Sudarshan Kumar Chaddha (AIR 1984 SC 1562)
2.
J.L.Nands V/s. Veena (AIR 1988 SC 437)
3.
Chandramohini Srivastava V/s. Avinash Prasad Srivastava (AIR SC 581)
4. Dhanraj
V/s. Surajbai (AIR sc 1103)
Book
Recommended
1. Mulla
Principals of Hindu Law
2. Paris
3. R.K.
Agarwal - Hindu Law
4.
N.H.Thaswala-HinduLaw
L.L.B. First Semester
Paper - V
Family Law-I (Muslim Law) 6845
1.
Instruction of Muslim Law
2. Nature
and Sources of Muslim Law
3. Schools
of Mohammadan Law
4. Marriage
and Special Marriage Act
5. Dowce
6. Divorce
7. Will
8. Hiba or Gift
9. Waqd
10.
Pic-Emption
11.
Guardianship
12.
Parentage legitimacy and acknowledge
13.
Maintenance of relations under Mohammadan Law and Optimal Procedure Law
Leading
Cases -
1.
Mainabibi and others V/s. Chaudhary Vakil Ahmad and others (1952 J.A.-145)
2. Sattar
Shaikh V/s. Mst. Sahdunnissa (AIR 1969 A.L.J. 415)
3. Ayub
Hasan V/s. Mst. Akhtari (AIR All 525)
4, Ram
Saran Lal V/s. Smt. Damini Kaur (AIR 1961 1747) Books
Recommended
1. Faizi Mohammadan
Law
2. Mullà -
Principals of Mohammadan Law
3. Paras
Diwan- Muslim Law
4. Akil
Ahmad - Muslim Law
