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 – IV

Compulsory Subjects

Jurisprudence

Contract - II

Land Laws

DPC - II

Optional Subjects (Choose any 1 out of 3)

Criminology & Correctional Administration

Taxation laws

Bankruptcy laws

Detailed Syllabus:

Compulsory Subjects

[1] JURISPRUDENCE

1. Introduction

1) Meaning of the term jurisprudence

2) Norm & the normative system

 Different types of nominee system such as of games, languages, religious orders, unions, clubs & customary practice.

 Legal system as a normative order similarities & differences of the legal system with order normative system.

3) Nature & definition of law

2. Schools of Jurisprudence

1) Analytical positivism

2) Natural law

3) Historical school

4) Sociological school

5) Economic interpretation of law

6) The Modern PIL, social justice, compensatory jurisprudence

7) The Bharat jurisprudence

8) The Ancient : the concept of ‘Dharma’

3. Purpose of Law

1) Justice

 Meaning & kinds

 Justice & law approaches of different schools

 Power of the Supreme Court of India to do complete justice in a case, Article 147.

 Critical studies

2) Feminist jurisprudence

4. Sources of Law

1) Legislation

2) Precedents – concept of state decosos

3) Customs

4) Juristic Writings

5. Legal Rights

1) The concept

2) Kinds of rights

3) Right – Duty : correlation

6. Person

1) Nature of personality

2) Status of the unborn, minor, lunatic drunk & deal persons

3) Corporate personality

4) Dimensions of the modern legal personality Legal personality of non-human beings.

7. Possession

1) The concept

2) Kinds of possession

8. Ownership

1) The concept

2) Kinds of ownership

3) Difference between possession & ownership

9. Title

10. Property

[2] CONTRACT - II

(1) Indian Contract Act, 1872 (sections 124-238) – 40 Marks

(2) Indian Partnership Act, 1932 – 30 Marks

(3) Sale of Goods Act, 1930 –30 Marks

[3] LAND LAWS

(1) Central Legislations – 20 Marks

(2) State Legislations – 80 marks

**Only the below mentioned sections are considered in the syllabus.

(1) Central Legislations

1) Indian Registration Act, 1908

 Compulsory Regn. Of Documents – S.17

 Optional Regn. Of Documents – S.18

 Time for Regn. Of Documents – S.23

 Delay in Regn. Of Documents – S.25

 Time from which Regd. Document operates – S.47

 Effect of Non-Regn. Of documents required to be registered – S.49

2) Environment (Protection) Act, 1986

 Section 3

 Concept of CRZ (Coastal Regulation Zone)

3) Urban Land (Ceiling & Regulation) Act, 1976

 Definitions

 Ceiling Limit – S.4

 Power to Exempt & Schemes – S.20,21,22

4) Land Acquisition Act, 1984

 Definitions

 Acquisition – S.4 to 17

 Reference to Court – S.4 to 28A

5) The Right to Fair Compensation & Transparency in Land Acquisition, Rehabilitation & Resettlement Act, 2013.

(2) State Legislations

1) Maharashtra Land Revenue Code, 1966

 Use of Land – S.41 to 54A

 Record of Rights – S.147 to 167

 Appeals, Revision & Review – S.246 to 259

 Special Provisions for Land Revenue in the City of Bombay – S.260 to 307

2) Bombay Tenancy & Agricultural Lands Act, 1948

 Definitions

 Restriction on Transfer of Agricultural Lands – S.63 to 66

3) Maharashtra Regional Town Planning (MRTP) Act, 1966

 Definitions

 Control of Development – S.43 to 51

 Unauthorised Development – S.52 to 58

 Land Acquisition – S.125 to 129

4) Maharashtra Housing Area Development Authority Act, 1976.

 Definitions

 Repairs & Reconstruction of Dilapidated buildings – S.74 to 103.

 Acquisition of Cessed Properties – Chapter VIII A

5) Development Control Regulations, 1991 for Mumbai

 Concept F.S.I. (Floor Space Index)

 Concept of T.D.R. (Transfer of Development Rights)

6) Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961

 Definitions

 Sections – 3 to 19, 21, 33, 45, 47

7) Maharashtra Stamp Act, 1958 (formerly Bombay Stamp Act) – 2015 amendment

 Definitions

 Sections – 3 to 7, 9 to 15, 31 to 36, 47 to 52

8) Maharashtra Rent Control Act, 1999

 Sections – 1 to 24

[4] DPC – II

1. Public Notice

2. Agreement for Sale

3. Sale Deed

4. Simple Mortgage

5. English Mortgage

6. Lease Deed

7. Exchange Deed

8. Gift Deed

9. Leave & Licence Agreement

10. Partnership Deed

11. Franchise Agreement

12. Indemnity Bond

13. Board Resolution

14. Memorandum of Understanding

15. Confidentiality Agreement

16. Registration of Documents

Optional Subjects (Choose any 1 out of 3)

[5.a] CRIMINOLOGY & CORRECTIONAL ADMINISTRATION

1. Dimensions of Crime in India

1) Nature & orient of crime in India

 General approaches to come control

2) Crimes of the powerful

 Organised crimes – smuggling narcotics

 White collar crime – corruption in public life

 Socio-Economic crime – adulteration of foods & drugs, fraudulent trade practice

 Crimes in the profession – medical, legal, engineering

 Commonality by agencies of the state

3) Perpetrators of ordinary crime

 Situational criminal

 Chronic offender

 Criminality & women

 Young offenders

 Criminal gangs

 Cyber Crimes

2. Causes of Criminal Behaviour

1) Nature of the problem – some unscientific theories

2) The constitutional School of Criminology – Lombroso & others (heredity and mental retardation as causes of crime)

3) Sociological theories Anomies

4) Modern sociological theories – Sutherland’s differential association theory, Reckless social vulnerable theory

5) Economic theories & their relevance

6) Environment home & community influences, urban & rural crimes

7) The ghetto, broken homes, the effect of motion pictures, T.V., video, press, narcotics & alcohol.

8) Caste & community tensions, caste wars & communal riots – their causes, demoralising effects, atrocities against scheduled castes/tribes.

9) Emotional disturbance & other psychological factors

10) Multiple causation approach to crime

3. Police & the Criminal Justice

1) The police system

2) Structural organization of police at the centre & the states

3) Mode of recruitment & training

4) Powers & duties of police under the police acts, Criminal Procedure Code and

other laws.

5) Arrest, search & seizure & constructional imperatives

6) Methods of police investigation

7) Third degree methods

8) Corruption in police

9) Relationship between police & prosecution

10) Liability of police for custodial violence

11) Police public relations

12) Select aspects of National Police Commission report

4. Punishment of Offenders

1) Some discarded modes of punishment

 Corporal punishment ; whipping & flogging ; mutilation and branding

 Transportation

 Public execution

2) Punishments under the Indian criminal law

 Capital Punishment

 Imprisonment

 Fine

 Cancellation or withdrawal of licences

3) Prison System

 Administrative organization of prisons

 Mode of recruitment & training

 Jail Manual

 Powers of prison officials

 Prisoners classification – male, female ; juvenile & adult ; under trial & convicted prisoners

 Constitutional imperatives & prison reforms

 Prison management – prisoner’s right & security compulsions.

 Open prisons

 Prison labour

 Violation of prison code & its consequences.

4) Appraisal of imprisonment as a mode of punishment

5. Victimology

1) Demographic characteristics of the victims

2) Compensation to the victims

3) Rehabilitation

6. Treatment or Correction of Offenders

1) The need for reformation & rehabilitation of offenders undergoing punishment/imprisonment.

2) Classification of offenders through modern diagnostic techniques

3) The role of psychoanalysts & social workers in the prison

4) Vocational & religious education & apprenticeship programmes for the offenders.

5) Group counselling & re-socialisation programmes

6) Prisoners’ organizations for self-government.

7) Participation of inmates in community services

8) An appraisal of reformative techniques

9) Efficacy of imprisonment as a measure to combat criminality & the search for substitutes.

7. Re-socialisation processes

1) Parole

 Nature of parole

 Authority for granting parole

 Supervision of parolees

 Parole & conditional release

2) Release of the offender

 Problems of the released offender

 Attitudes of the community towards released offender

 Prisoner & societies & other voluntary organizations

 Governmental action

 An appraisal

[5.b] TAXATION LAWS

 Income Tax Act, 1961 – 55 marks

 Wealth Tax Act, 1957 – 15 marks

 Bombay Sales Tax Act, 1959 – 15 marks

 Central Sales Tax, 1956 – 15 marks

[5.c] BANKRUPTCY LAWS

1. Introductory

1) Concept – inability to pay debt

2) Comparative perspectives

 England – Insolvency Act, Bankruptcy Act

 United States of America

3) India – concurrent jurisdiction the central & state legislation

2. Insolvency jurisdiction

1) Courts

2) Powers of court

3. Acts of Insolvency

1) Transfer of property to a third person for benefit of creditors generally

2) Transfer with intent to defeat creditors

3) Fraudulent preferences in transfer of property

4) Absconding with intent to defeat the creditors

5) Sale of property in execution of decree of court

6) Adjudication of insolvent

7) Notice to creditors about suspension of payment of debt.

8) Imprisonment in execution of a decree of a court

9) Notice by creditor

4. Insolvency petition

1) By creditor

2) By debtor

3) Contents of the petition

4) Admission

5) Procedure

5. Appointment of interim receiver

6. Interim proceedings against the debtor

7. Duties of Debtors

8. Release of debtor

9. Procedure at hearing

10. Dismissal of petition filed by a creditor

11. Order of adjudication

1) Effect

2) Publication of order

12. Proceedings, consequent on order of adjudication

1) Protection order from arrest or detention

2) Power to arrest after adjudication per attempt abscond

3) Schedule of creditors

4) Burden of creditors to prove the debt.

13. Annulment of adjudication

1) Power annul & Effect

2) Failure to apply for discharge

14. Post adjudicatory scheme for satisfaction of the debt

15. Discharge of debtor

16. Effect of insolvency on antecedent transaction

1) On rights of creditor under execution

2) Duties of court executing decree on the property taken in execution

3) Avoidance of voluntary transfer & avoidance of preference

17. Realization or property

 Appointment of receiver ; duties & powers ; appeal against receiver

18. Distribution of property

1) Priority of debts

2) Dividends

19. Offences by debtors

20. Disqualification of insolvent

21. Appeal

22. Indigent persons – Suit by indigent persons

23. Chapter XI (Bankruptcy Law of USA)

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