Syllabus

 SYLLABUS

For LL.B. 3yrs Degree Course – 60:40 Pattern

***Distribution of marks (for Act/Topic etc) is referred from Old 100 marks pattern but to be divided proportionately as per the new 60:40 pattern

SYLLB SEMESTER – III

(All Subjects Compulsory)

Administrative Law

Family Law - II

Transfer of Property & Easement Act

Company Law

Practical Training - II

Detailed Syllabus:

[1] ADMINISTRATIVE LAW

1) Evolutions, Nature & Scope of Administrative Law

 Form a Laissez - faire to a social welfare state

 State as regulator of private interest

 State as provider of services

 Other functions of modern state: relief, welfare

2) Evolution of administration as the fourth branch of government necessity for delegation of powers on administration.

3) Evolution of agencies & procedures for settlement of disputers between individual & administration.

 Regulatory agencies on the United States

 Conseil d’Etat

 Tribunalization in England & India

4) Definition & scope of administrative law

5) Relationship between constitutional law & administrative law

6) Separation of powers

7) Rule of law

2. Civil Service in India

1) Nature & organization of civil service: from colonial relics to democratic aspiration

2) Powers & functions

3) Accountability & responsiveness: problems & perspectives

4) Administrative deviance – corruption, nepotism, mal-administration.

3. Legislative Powers of Administration

1) Necessity for delegation of legislative power

2) Constitutionality of delegated legislation – powers of exclusion & inclusion & power to modify statute.

3) Requirements for the validity of delegated legislation.

 Consultation of affected interests & public participation in rule-making.

 Publication of delegated legislation.

4) Administrative directions, circulars & policy statements.

5) Legislative control of delegated legislation.

 Laying procedures & their efficacy.

 Committees on delegated legislation – their constitution, function & effectiveness.

 Hearings before legislative committees.

6) Judicial control of delegated legislation.

7) Sub-delegation of legislative powers.

4. Judicial Powers of Administration

1) Need for devolution of adjudicator authority on administration.

2) Administrative tribunals & other adjudicating authorities : their ad-hoc character.

3) Tribunals – need, nature, constitution, jurisdiction & procedure

4) Jurisdiction of administrative tribunals & other authorities

5) Distinction between quasi-judicial & administrative functions.

6) The right to hearing – essentials of hearing process

 No man shall be judge in his own cause

 No man shall be condemned unheard

7) Rule of evidence – no evidence, some evidence & substantial evidence rules.

8) Reason Decisions

9) The right to counsel.

10) Institutional decisions

11) Administrative appeals

5. Judicial Control of Administrative Action

1) Exhaustion of administrative remedies

2) Standing: standing for Public interest litigation (social action litigation) collusion, bias.

3) Laches

4) Res judicata

5) Grounds

 Jurisdictional error / ultra vires

 Abuse & non exercise of jurisdiction

 Error apparent on the face of the record

 Violation of principles of natural justice.

 Violation of public policy

 Unreasonableness

 Legitimate expectation.

6) Remedies in judicial Review:

 Statutory appeals

 Mandamus

 Certiorari

 Prohibition

 Quo-Warranto

 Habeas Corpus

 Declaratory judgments & injunctions

 Specific performance & civil suits for compensation.

6. Administrative discretion

 Need for administrative discretion

 Administrative discretion & rule of law

 Limitations on exercise of discretion

 Malafide exercise of discretion

 Constitutional imperative & use of discretionary authority

 Irrelevant considerations

 Non-exercise of discretionary power

7. Liability for Wrongs (Tortious & Contractual)

 Tortious liability – sovereign & non-sovereign functions.

 Statutory immunity

 Act of state

 Contractual liability of government.

 Government privilege in legal proceedings – state secrets, public interest

 Transparency & right to information

 Estoppels & waiver

8. Corporations & Public Undertakings

 State monopoly-remedies against arbitrary action or for acting against public

policy

 Liability of public & private corporations – departmental undertakings

 Legislative & governmental control.

 Legal remedies

 Accountability – Committee on Public Undertaking, Estimates Committee etc.

9. Informal Methods of Settlement of Disputes & Grievance Redressal Procedures

 Conciliation & mediation through social action groups

 Use of media, lobbying & public participation

 Public inquiries & commissions of inquiry

 Ombudsman – Lok Pal, Lok Ayukta

 Vigilance Commission

 Congressional & Parliamentary Committees

[2] FAMILY LAW - II

1. Marriage & Kinship

1) Evolution of the institution of marriage & family.

2) Role of religious rituals & practices in moulding the rules regulating to marital relations.

3) Types of family based upon.

 Lineage – patrilineal, matrilineal

 Authority structure patriarchal & matriarchal

 Location- patrilocal & matrilocal

 Number of conjugal units-nuclear, extended, joint & composite.

4) Emerging concepts – maitri sambandh & divided home.

2. Customary practices & State regulation

1) Polygamy

2) Concubinage

3) Child marriage

4) Sati

5) Dowry

3. Conversion & its effect on family

1) Marriage

2) Adoption

3) Guardianship

4) Succession

4. Joint Family

1) Mitakshara joint family

2) Mitakshara coparcenary-formation & incidents

3) Property under Mitakshara law-separate property & corparcenary property.

4) Dayabhaga coparcenary-formation & incidents

5) Property under Dayabhaga law.

6) Karta of the joint family-his position, powers, privileges & obligations.

7) Alienation of property-separate & coparcenary

8) Debta-doctrines of pious obligations & antecedent debt.

9) Partitition & re-union.

10) Joint Hindu family as a social security institution & impact of Hindu Gains of Learning Act & various tax laws on it.

11) Matrilineal joint family.

5. Inheritance

1) Hindus

 Historical perspective of traditional Hindu law as a background to the study of Hindu succession Act 1956.

 Succession to property of a Hindu male dying intestate under the provisions of Hindu Succession Act 1956.

 Devolution of interest in Mitakshara coparcenary with reference to the provisions of Hindu Succession Act 1956.

 Succession to property of Hindu female dying intestate under the Hindu Succession Act 1956.

 Disqualification relating to succession

 General rules of succession

 Marumakkattayam & Aliyasantana laws governing people living in Thiruvanadapuram, Cochin & other districts of Malabar & South Kanara.

2) General rules of succession & exclusion from succession.

3) Classification of heirs under Hanafi & Ithna Ashria schools & their shares & distribution of property.

4) Christians, Parsis & Jews

6. Matrimonial Remedies

1) Non-judicial resolution of marital conflicts.

 Customary dissolution of marriage-unilateral divorce, divorce by mutual consent & other modes of dissolution,

2) Judicial resolution of martial conflicts – the family court

3) Nullity of marriage

4) Option of puberty – Condition of Valid Marriage – Section 5 of Hindu Marriage Act wherein conditions of valid marriage are given.

5) Restitution of conjugal rights

6) Judicial separation

7) Desertion a ground for matrimonial relief

8) Cruelty – a ground for matrimonial relief

9) Adultery – a ground for matrimonial relief

10) Other grounds for matrimonial relief

11) Bar to matrimonial relief:

 Doctrine of strict proof

 Taking advantage of one’s own wrong or disability

 Accessory

 Connivance

 Collusion

 Condonation

 Improper or unnecessary delay

 Residuary clause-no other legal ground exists for refusing the matrimonial relief.

7. Alimony & maintenance

1) Alimony & maintenance as an independent remedy – a review under different personal laws – need for reforming the law.

2) Alimony & maintenance as an ancillary relief.

8. Child & the Family

1) Legitimacy

2) Adoption

3) Custody, maintenance & education

4) Guardianship & parental rights – welfare of the child principle.

9. Family & it’s changing pattern (looked from Socio-Economic view Point)

1) New emerging trends:

2) Attenuation of family ties

3) Working women & their impact on spousal relationship: composition of family, status & role of women.

4) New property concepts, such as skill & job as new forms of property.

5) Factors affecting the family: demographic, environmental, religious & legislative.

6) Processes of social change in India: sanskritization, westernization, secularization, universalization, parochialization, modernization, industrialization & urbanization.

10. Settlement of spousal property – Need for development of law

11. Establishment of family Courts

1) Constitution, power & functions

2) Administration of gender justice

12. Uniform Civil Code

1) Religious pluralism & its implications.

2) Connotations of the directive contained in Article 44 of the Constitution.

3) Impediments to the formulation of the Uniform Civil Code

4) The idea of Optional Uniform Civil Code.

[3] TRANSFER OF PROPERTY ACT & EASEMENT ACT

 Jurisprudential Controls of Property and Law relating to Transfer of Property Act, 1882 –

85 marks

 Easement Act, 1882 – 15 Marks

(1) Jurisprudential Controls of Property

1) Concept & meaning of property.

2) Kinds of property – movable & immovable property – tangible & intangible property – intellectual property – copyright-patents & designs- trademarks– geographical indications.

(2) Law Relating to Transfer of Property Act

1) General principles of transfer of property

2) Specific transfers

3) Sales

4) Mortgages

5) Charges

6) Leases

7) Exchange

8) Gifts

9) Actionable claims

(3) Easement Act

1) Nature, characteristics & extinction

2) Creation of easements

3) Riparian rights

4) Licenses

[4] COMPANY LAW

1. Meaning of Corporation

1) Theories of corporate personal

2) Creation & extinction of corporations.

2. Forms of Corporate & Non-Corporate Organisation

1) Corporations, partnerships & other associations of persons, state corporations, Small scale, co-operative, corporate & joint sectors.

2) Kinds of Companies - Public Companies – Private Companies-nature & advantages – Government Companies Holding & Subsidiary Companies.

3. Law relating to companies – public & private (Companies Act, 2013)

1) Need of company for development ; formation of company ; registration & incorporation.

2) Memorandum of association – various clauses ; alteration therein; doctrine of ultravires.

3) Articles of association – binding force ; alteration ; its relation with memorandum of association ; doctrine of constructive notice & indoor management ; exceptions.

4) Prospectus – issue ; contents ; liability for misstatements ; statement in lieu of prospectus ; shell prospectus.

5) Promoters – position ; duties & liabilities.

6) Shares – general principles of allotment ; statutory restrictions ; share certificate ; its objects & effects ; transfer of shares ; restrictions on transfer-procedure for transfer ; refusal of transfer ; role of public finance institutions ; relationship between transferor & transferee ; issue of shares at premium & discount ; depository receipts ; dematerialized shares (DEMAT); Buy-back of shares.

7) Shareholder – who can be & who cannot be a shareholder ; modes of becoming a shareholder ; calls on shares ; forfeiture & surrender of shares ; lien on shares.

8) Share capital – kinds ; alteration & reduction of share capital ; further issue of capital ; conversion of loans & debentures into capital ; duties of courts to protect the interests of creditors & shareholders.

9) Directors – position ; appointment ; qualifications ; vacation of office ; removal ; resignation ; powers & duties of directors ; loans ; remuneration of directors ; role of nominee directors ; managing directors ; other managerial personnel ; compensation for loss of office.

10) Meetings – kinds ; procedure ; voting

11) Dividends – Meaning ; payment ; capitalization ; profit.

12) Audit & accounts

13) Borrowing powers – effect of unauthorised borrowing ; charges & mortgages ; loans to other companies ; investments ; contracts by companies

14) Debentures – meaning ; fixed & floating charge ; kinds of debentures ; shareholder & debenture holder ; remedies of debenture holders

15) Majority powers – Protection of minority rights

16) Prevention of oppression & mismanagement - who can apply ? ; Powers of the company ; the court & the central government

17) Investigation – powers

18) Reconstruction & amalgamation

19) Winding Up – types ; by court ; reasons ; grounds ; who can apply ; procedure ; powers of liquidator ; powers of court ; liability of past members-payment of liabilities ; preferential payment, unclaimed dividends ; winding up of unregistered company ; Defunct Company ; consequences of winding up order ; voluntary winding up by members & creditors ; winding up subject to supervision of courts.

4. Law & Multinational Companies

1) International norms for control.

2) National law FEMA (Foreign Exchange Management Act, 1999) controls joint – ventures – investment of India – repatriation of project.

3) Collaboration agreements for technology transfer.

5. Corporate Liability

1) Legal liability of companies – civil & criminal

2) Remedies against companies – civil, criminal & tortuous – Specific Relief Act, writs liability under special statutes.

**All Latest Amendments of the Act must be studied by referring the latest editions of books.

[5] PRACTICAL TRAINING – II

(i) Public Interest Litigation

(ii) Legal Services Authorities Act 1987

(iii) Legal Aid Services

(iv) Para Legal Training and Legal Literacy

(v) Visit to Law General Office & Solicitor’s firm

(vi) Case Comment

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