SYLLABUS by alicejenny

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									                                 SYLLABUS
                                LL.M. PART-I
                          First & Second Semester
                    (For 2010-2011 & 2011-2012 Sessions)

                              FIRST SEMESTER

Paper-I    : Methods and Principles of Legislation & Statutory Interpretation.
Paper-II   : Jurisprudence

                         Group-I : CRIMINAL LAW

Paper-III : General Principles of Criminal Law-I
Paper-IV : Comparative Study of Specific Crimes-I

                    Group-II : INTERNATIONAL LAW

Paper-III : Public International Law-I
Paper-IV : International Law and Contemporary Issues-I

                   Group-III : CONSTITUTIONAL LAW

Paper-III : Constitutional Law of India-I
Paper-IV : Administrative Law-I

                          Group-IV : FAMILY LAW

Paper-III : Law of Marriage in India
Paper-IV : Law of Matrimonial Reliefs in India

                             SECOND SEMESTER

Paper-I :     Interpretation of Statutes
Paper-II :    Applied Jurisprudence

                         Group-I : CRIMINAL LAW

Paper-III : General Principles of Criminal Law-II
Paper-IV : Comparative Study of Specific Crimes-II

                    Group-II : INTERNATIONAL LAW

Paper-III : Public International Law-II
Paper-IV : International Law and Contemporary Issues-II
                                                                                 1
                    Group-III : CONSTITUTIONAL LAW

Paper-III : Constitutional Law of India-II
Paper-IV : Administrative Law-II

                            Group-IV : FAMILY LAW

Paper-III : Law of Maintenance
Paper-IV : Hindu Law of Joint Family and Inheritance.

         GENERAL INSTRUCTIONS FOR THE PAPER-SETTERS
                     FOR ALL THE PAPERS

1. The maximum marks for each paper are 100 and the time allowed is 3 hours.
2. The minimum number of marks required to pass each paper shall be 45%
    and 50% in the aggregate.
3. The question paper will consist of five Units : I, II, III, IV and V. Units I, II,
    III and IV will have two questions from the respective Units of the syllabus
   and will carry 15 marks each. Unit V will consist of 10 short-answer type
   questions which will cover the entire syllabus uniformly and will carry 40
   marks in all.

                 INSTRUCTIONS FOR THE CANDIDATES

            Candidates are required to attempt one question each from the Units I,
II, III and IV of the question paper and the entire Unit V.


                               FIRST SEMESTER

Paper-I : Methods and Principles of Legislation and Statutory Interpretation.

                                     UNIT - I

Legislation and its types
Principles of Legislation
Methods of Legislation
Statute and its types

                                     UNIT - II

Parts of Statute
Commencement, extent and duration of Statutes
Repeal and revival of Statutes
Amending, consolidating and codifying Statutes                                     2
                                     UNIT - III

General principles of statutory interpretation :
Primary or literal rule of interpretation
Mischief rule
Golden rule
Treatment of general words

                                     UNIT - IV

Beneficial construction
Strict or liberal construction
Internal Aids to interpretation of Statutes
External Aids to interpretation of Statutes

                            SUGGESTED READINGS

Maxwell : Interpretation of Statutes
Sarathi : Interpretation of Statutes
G.P. Singh : Principles of Statutory Interpretation
Swarup : Legislation and Interpretation
Craies : Statute Law
W. Twining : How to do things with rules : A Primer of Interpretation
Indian Law : The Drafting of Laws
P.M. Bakshi : Legislative Drafting
Bentham : Theory of Legislation
Dicey       : Law and Public Opinion
Ruthnaswamy : Legislation Principles and Practice
Bindra :       Interpretation of Statutes
P.K. Tripathi : Spotlights on Constitutional Interpretation
U. Baxi     : The Indian Supreme Court and Politics
M. Imman : Indian Supreme Court and the Constitution :
                 A Study of the Process of Construction
Edgers      : Construction of Deeds and Statutes
General Clauses Act, 1897.

Paper-II : Jurisprudence

                                      UNIT - I

Legal theory, nature and scope of Jurisprudence
Jurisprudence as a science of law - integrated approach

                                                                        3
     Analytical school, origin, characteristics. importance, application and
criticism. Analytical positivism.

                                     UNIT - II

    Kelsen's pure theory of law, its development
    Implications of pure theory and its criticism. Its relation with justice
    Historical school of Jurisprudence. characteristics and criticism. Present value
and ancient Indian concept.

                                    UNIT - III

    Sociological school of Jurisprudence, its origin, characteristics, theory of
social engineering and classification of interests and their evaluation. Application
of sociological school, its present value and ancient Indian system. Criticism
Modern Realism, American Jurisprudence. Realist approach its extension in
European countries, its effects and consequences.

                                    UNIT - IV

    Natural law school. its utility in the present set-up, and its relation with
positive law.
    Recent developments in the field of jurisprudence. Law Ethics and positive
morality. Juristic approach to International Law.

                           SUGGESTED READINGS

Holmes : The Common Law
Paton : A Text Book of Jurisprudence
Julius Stone : The Province and Function of Law
Friedmann : Legal Theory
Dias        : Jurisprudence
Keeton     : Jurisprudence
Rolles      : Theory of Jurisprudence

                         GROUP -1 CRIMINAL LAW

Paper-III : General Principles of Criminal Law -I

                                      UNIT-I

      Historical Background of Criminal Law.
      Nature of crime
      Elements of crime                                                           4
Importance of Mens rea
Recent Trends to presume culpable mental state in fixing criminal
responsibility.

                                 UNIT-II

Stages in commission of crime
Impossible Attempts
Abetment
Criminal Conspiracy

                                 UNIT-III

Jurisdiction with special reference to emerging concept of
globalisation and expanding horizons of technology in crime causation.
Principles of Fair trial-Rights of Accused.
Emerging Role of victim in criminal Justice.

                                 UNIT-IV

Vicarious liability in criminal law with reference to Ss 34-38, 149,396 &
460 of the I.P.C.
Compulsion by threats as defence to criminal liability.
Criminal liability of companies.


                        SUGGESTED READINGS

Shamsul : General Principles of Criminal Law.
R.C. Nigam : Principles of Criminal Law.
Williams, Glanville : A Text Book of Criminal Law.
Kenny's    : Outlines of Criminal Law.
Andrew Ashworth : The Criminal Process.

Paper-IV : Comparative Study of Specific Crimes-I

Note : The Students are expected to study Indian Law on the following
       topics both intensively and extensively. They are also expected to
       study broadly the provisions of English law pertaining to these
       topics.
                                 UNIT-I

Culpable homicide and murder.
Attempt to commit suicide.
Euthanasia.                                                                 5
Hurt, grievous hurt.
Use of Criminal Force and Assault.
Curtailment of liberty-wrongful Restraint and wrongful confinement.

                                 UNIT-II

Kidnapping and Abduction.
Sexual Offences.
Bigamy.
Adultery.
Indecent Representation of Women (Prohibition) Act, 1986.

                                 UNIT-III

Defamation.
Criminal intimidation.
State Terrorism.
Insurgency, Waging war.

                                UNIT-IV

Theft, Extortion, Robbery, Dacoity.
Criminal Breach of Trust.
Cheating
Mischief
Criminal Trespass
Forgery.

                       SUGGESTED READINGS

H.S. Gaur : Penal Law of India.
Rattan Lal : Law of Crimes - Lawyers Edition.
Criminal Law Review.
Smith & Hogan : Criminal Law.
Catherine Elliot : Criminal Law.
The Indecent Representation of Women (Prohibition) Act, 1986.

                GROUP-II : INTERNATIONAL LAW

Paper-III : Public International Law-I

                                 UNIT - I

Subjects of International Law :
   The Sovereign state as a subject of International Law.             6
    International Institutions as subjects of International Law.
    Individual as a subject of International Law ; and other subjects of
    International Law.
State Recognition :
     Definition & Theories, Modes and legal effects of Recognition and
consequences of non-recognition ; Withdrawal of Recognition ;
Retrospective Effect of Recognition.
     The League of Nations and Recognition ; United Nations and
Recognition ; Recognition of Head of State or New Government : Estrada
Doctrine ; Stimson Doctrine ; India's Practice of Recognition of states and
Governments.
                                   UNIT - II

State Succession :
     Definition & Theories, Kinds and Rights and obligations arising out of
State Succession.
State Responsibility :
     Constituent elements of International Responsibility ; State
Responsibility for breach of Treaty of Contractual Obligation ;
     State Responsibility in respect of Expropriation of Foreign Property.
     The Calvo Clause ; Responsibility of International Delinquencies ;
Responsibility for Debts Justifiable acts ; causing loss of damage ; Claims
of States.
                                 UNIT - III

State Territory :
Modes of Acquiring Territorial Sovereignty :
Modes of loss of Territory.
Law of the Sea :
Territorial Sea ; Contiguous Zone ; Continental Shelf ; Exclusive Economic
zone and High Seas ; India's Maritime Zones Act, 1976.

                                UNIT - IV
Intervention :
   Definition, kinds and Grounds of Intervention : Monroe Doctrine ; Drago
Doctrine.
Treaties :
   Definition and Classification of Treaties ;
   Vienna Convention on the Law of Treaties, 1969.
   Reservation to Treaties ; Interpretation of Treaties ; Invalid Treaties ;
Termination of Treaties ; Pacta Sunt Servanda and Rebus sic Stantibus.

                        SUGGESTED READINGS

Oppenheim : International Law, Vol. I & II.                               7
Max Sorenson : Manual of Public International Law.
Gegard Von Glahn : Law Among Nations.
Schwarzenberger G. : A Manual of International Law
American Journal of International Law.
Indian Journal of International Law.
International and Comparative Law Quarterly.

Paper - IV : International Law and Contemporary Issues- I

                                 UNIT - I

The possibility of preventing a new world war in the present age.
The use of force under the League of Nations.
The Kellogg- Briand Pact and the use of force.
United Nations and the use of force.
Disarmament and Arms Limitation.
Disarmament and World Security.
Changing Conceptions of Disarmament.
The Dynamics of arms race.
Disarmament and U.N.

                                 UNIT - II

International Regulation of Biological, Chemical and other weapons of
mass destruction.
Measures to Prevent Nuclear War.
International Regulation of Nuclear Weapons.
Nuclear Test Ban Treaty, Nuclear Non-Proliferation Treaty and Treaty on
Anti-Ballistic Missile System.
International Regulation and Control of Militarization of Outer Space and
the Ocean Bed.
                                UNIT - III

The basic principles of International Air Law.
The Principles of Sovereignty over the Air.
Demarcation of Boundary between the air space and outer space.
The principle of the freedom of the air Right of transit.
Commercial Rights of air communication.

                                UNIT - IV

Regulation of International Air Transportation.
Standardization of the Rules of Air Transport (IAIA).
International Civil Aviation Organisation (ICAO).
                                                                       8
 Cooperation in International Space Law.
 Tele-Communication Satellites.

                         SUGGESTED READINGS

 Christol Carol Q. : The International Law of Outer Space.
 Bull Headley       : The Control of Arms Race.
 Gol, G.           : Space Law.
 Jenks             : Space Law.
 Bhatt's           : Legal Control of Outer Space.
 Bhargave, M.K. : Disarmament from Versailles of Test Ban Treaty.
 Bhansali, S.R. (ed.) : Peace and Disarmament.
 Jain, J.P. : India and Disarmament.
 Thakur, Kailash : Outer Space and Military Supremacy.
 American Journal of International Law.
 Indian Journal of International Law.
 International and Comparative Law Quarterly.

                GROUP - III : CONSTITUTIONAL LAW
                 Paper-III : Constitutional Law of India-I

                                 Unit-I

         The framing of the Indian Constitution (Period 1600 -26-1-1950)
with special emphasis on :
     The Regulating Act, 1773
     The Charter Act, 1774
     Govt. of India Act, 1858
     Govt. of India Act, 1909, 1919, 1935
Preamble
Citizenship
                                   Unit-II

     Fundamental Rights - a critical study ; Equality, Right to freedoms under
Art. 19, Personal Liberty & Preventive Detention, Religion, Minorities.
    Directive Principles of State Policy
    Fundamental Duties.
                                   Unit-III

   Writ Jurisdiction under Art. 32 for enforcement of Fundamental Rights
and also under Art. 226 & Judicial Review
    Union & State Judiciary under the Constitution - Supreme Court of India
and High Court, Subordinate Courts, Composition, Jurisdiction and Powers.
                                                                          9
                                    Unit-IV

     Liability of the States for borrowing, contracts, obligations & suits
     Freedom of Trade, Commerce & Intercourse
    Amendment of the Constitution - Procedure and power to amend under
Art. 368
     The doctrine of Basic structure.

                         BOOKS RECOMMENDED

H.M. Seervai         :   Constitutional Law of India
M.P. Jain        :       Constitutional Law of India
Basu             :       Constitutional Law of India.


Paper - IV : Administrative Law-I

                                     Unit-I

Nature, Scope and necessity of Administrative Law.
Administrative Law and the Indian Constitution.
Classification of Administrative Functions.
Judicial Control of Administrative Actions through Writs.

                                    Unit-II

Govt. Liability - Turtuous Compensation and contractual (with special
reference to employment contract, Breach of Statutory duty).
Privileges of State and Promisory estoppel.
Rule of natural justice
Tribunals, H.Cs Superitendence over Tribunals

                                    Unit-III

Delegated Legislation, necessity and growth, and constitutionality of
delegated legislation
Judicial control of delegated legislation.
Parliamentary Control.

                                    Unit-IV

Lokpal, Commission of Enquiry and Vigilance Commission
Public Corporation, Necessity, Organisation, Control, Public Corporation
Official Secrets and Right to Information
                                                                           10
                      BOOKS RECOMMENDED

Paras Diwan                 :    Indian Personal Laws.
Paras Diwan                 :    Family Law
Beri, B.P.                   :   Law of Marriage and Divorce in India.
Paras Diwan                 :    Modern Hindu Law
Mayne's                     :    Hindu Law and Usage
Raghvachachariar's          :     Hindu Law
Derrett                     :    A Critique of Modern Hindu Law
Mulla                       :    Principles of Hindu Law.
Mulla                       :    Principles of Mohammedan Law.


                     GROUP - IV : FAMILY LAW

 Paper- III : Law of Marriage in India.

                                 Unit-I

Sources of Hindu Law.
Sources of Muslim Law.
Sources of Other Personal Laws.

                                   Unit-II

Schools of Law, Migration, Domicile, Residence and Problem of Conflict
of Personal Laws, Concept of Uniform Civil Code.
   The following topics in Unit III and IV comprises the study under The
Hindu Marriage Act, 1955; Muslim Law ; The Indian Christian Marriage
Act, 1872; The Parsi Marriage and Divorce Act, 1936 and The Special
Marriage Act, 1954.

                                  Unit-III

Application of Law
Evolution of Institution of Marriage.
Kinds of Marriage
Conditions/ Requisites of Marriage.

                                  Unit-IV

Solemnization and Ceremonies of Marriage.
Registration of Marriage.
NRI Marriages.
                                                                         11
                       BOOKS RECOMMENDED

Paras Diwan                   :    Indian Personal Laws.
Paras Diwan                   :    Family Law
Beri, B.P.                     :   Law of Marriage and Divorce in India
Paras Diwan                   :    Modern Hindu Law
Mayne's                       :    Hindu Law and Usage
Raghvachachariar's            :     Hindu Law
Derrett                       :    A Critique of Modern Hindu Law
Mulla                         :    Principles of Hindu Law
Mulla                         :    Principles of Mohammedan Law.


Paper- IV : Law of Matrimonial Reliefs in India.

      The following topics comprises the study under The Hindu Marriage
Act, 1955 ; Muslim Law ; The Divorce Act, 1869 ; The Parsi Marriage and
Divorce Act, 1936 and The Dissolution of Muslim Marriage Act, 1939 and
The Special Marriage Act, 1954.

                                     Unit-I

Restitution of Conjugal Rights and its Constitutionality
Choice of Matrimonial Home
Judicial Separation
                                  Unit-II

Nullity of Marriage :
    Void Marriage
     Voidable/ Irregular Marriage
     Difference between Void and Voidable Marriages

                                    Unit-III
Theories of Divorce :
   Fault Theory
   Breakdown Theory
   Irretrieavable Breakdown Theory
   Consent Theory
   Difference between Judicial Separation and Divorce

                                    Unit-IV

Grounds of Divorce/ Dissolution of Marriage
Fair Trial to Marriage Rule
Alternative Relief in Divorce Proceedings                                 12
Remarriage of Divorced Persons

                       BOOKS RECOMMENDED

Aggarwala                      :   Matrimonial Remedies
Paras Diwan                   :    Indian Personal Laws.
Paras Diwan                   :    Family Law
Paras Diwan                   :    Modern Hindu Law
Fyzee                          :   Mohammedan Law
Aqil Ahmed                     :   Mohammedan Law
B.P. Beri                      :   Law of Marriage and Divorce in India
Kumud Desai                   :     Law of Marriage and Divorce in India
M.S. Nijjar                   :     Nullity of Marriage under Hindu Law
D.K. Singla                   :     Judicial Separation under Hindu Law.


                          SECOND SEMESTER

 Paper - I : Interpretation of Statutes.

                                    UNIT - I

MENS REA in Statutory Offences.
Construction to prevent evasion.
Construction to prevent abuse of power.
Construction to avoid collision with other provisions.
Construction most agreeable to justice & reason.
Presumption against intending what is inconvenient or unreasonable.
Presumption against intending injustice or absurdity.

                                    UNIT-II

Retrospective operation of Statutes.
Principle of Territorial nexus.
Operations of Statutes : Considerations of Constitutionality.
Exceptional construction :
Modification of language to meet the intention.
Strict construction of penal laws.

                                   UNIT - III

Subordinate principles of interpretation.
Contemporanea expositio.
Construction imposed by Statute.
Construction of words in Bonam Partem.                                     13
Expressio unius exclusio alterious.
Ejusdem generis rule.
Intention attributed to the legislature when it expresses none
Mandatory and Directory enactments.

                                  UNIT - IV

Interpretation of Constitution :
Ways in which it differs, if at all, from interpretation of Statute.
Harmonious construction
Doctrine of pith and substance.
Doctrine of Implied, incidental and ancillary powers.
Approaches to interpretation of repugnancey.
Approaches to interpretation of amending power.

                         SUGGESTED READINGS

Maxwell : Interpretation of Statutes.
Sarathi : Interpretation of Statutes.
G.P. Singh : Principles of Statutory Interpretation.
Swarup : Legislation and interpretation.
Craies : Statue Law.
P.K. Tripathi : Spotlights of Constitutional Interpretation.
W. Twining : How to do things with rules : A Primer of Interpretation.
U.Baxi : The Indian Supreme Court and Politics.
M. Imman : Indian Supreme Court and Constitution : A Study of the
             Process of Construction.
Edgets : Construction of Deeds and Statutes.
Bindra : Interpretation of Statutes.
General Clauses Act, 1897.

Paper- II : Applied Jurisprudence

                                     Unit-I

        Sources of Law, their classification as made by different jurists, like
Salmond, Allen & Keetan. Doctrine of Stare decises comparative study of
the doctrine of precedent ratio decidendi with reference to case law, and the
extent of its application in India.

                                    Unit-II

       Legislation as a source of law ; Supreme and subordinate legislation;
                                                                          14
  Expansion of delegated legislation and controls ; Merits and demerits of
  delegated legislature ; customary law & its comparative study ;
  transformation of custom into a law ; essentials for its validity and its role in
  India.

                                      Unit-III

          Criminal Law and the concept of crime, purposes regarding the
  administration of justice (theories) ; Capital punishment. Analytical and
  critical study of the concept of right and duty & relationship. Theories of a
  legal Right. Compensatory Jurisprudence.

                                      Unit-IV

         Concept of possession, Analysis of possession, Its relationship with
  ownership. A critical study.
         Legal persons, legal status of unborn persons and corporations,
  theories of legal personality and liability of corporation.
         Juristic approach to the International Law.

                           SUGGESTED READINGS

  Holmes                 : The Common Law.
  Paton                  : A Text Book of Jurisprudence
  Julius Stone           : The Province and Function of Law
  Friedmann              : Legal Theory
  Dias                   : Jurisprudence
  Keeton                 : Jurisprudence
  Rolles                 : Theory of Jurisprudence

                    GROUP - I : CRIMINAL LAW

Paper - III : General Principles of Criminal Law - II

                                   UNIT-I
  Basis of General Defence.
  Burden of proof.
  Mistake of Law & Fact.
  Accident.
                                      UNIT-II

  Necessity.
  Immaturity of mind.
  Insanity.
  Intoxication.                                                                 15
                                  UNIT-III

 Consent as defence and extenuating factor in Criminal Law
 Provocation as a mitigating factor for criminal liability.
 Right of private defence

                                  UNIT-IV

 Theories of Punishment with Special Reference to rehabilitation of
 offenders.
 Individualisation of punishment.
 Probation, parole and community service.


                           SUGGESTED READINGS

 H.S. Gaur : Penal Law of India.
 Rattan Lal : Law of Crimes (Lawyer's Edition.)
 Glanville, Williams : Criminal Law.
 Catherine Elliot : Criminal Law.
 V.C. Nigam : General Principles of Criminal Law.


Paper -IV : Comparative Study of Specific Crimes-II

Note : The Students are expected to study Indian Law on the following
        topics both intensively and extensively. They are also expected to
        study broadly the provisions of English law pertaining to these
        topics.
                                  UNIT-I

 Information Technology Act, 2000.
 Regulation of Certifying Authorities (Sections 17 to 34)
 Penalties and Adjudication (Sections 43 to 47)
 Cyber Regulations Appellate Tribunal (Sections 48 to 64).
 Offences (Sections 65 to 78)

                                  UNIT-II

 Protection of Women from Domestic Violence Act, 2005
 - Definition of Domestic Violence
 - Reliefs/Orders available to aggrieved person and procedure thereof
 - Powers and Duties of Protection Officers and Service providers

                                                                        16
                                  UNIT-III
 Drug Abuse and Crime.
- Historical perspective.
- Reasons of Drug Addiction.
- Consequences of Drug Addiction.
- The Narcotic Drugs and Psychotropic Substances Act, 1985 Power
  of entry, search, seizure and arrest without warrant or authorization.

                                  UNIT-IV

- Crimes against Children and Women.
- Abortion - IPC provisions, Medical Termination of Pregnancy
  Act, 1971.
- Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of
  Sex Selection) Act, 1994.
- Problems and prevention of Sati and Devdasi System.
- Law relating to abortions and gender justice.
- Child Labour ; problems and legal remedies.

                         SUGGESTED READINGS

Cydren D. Ryder : Guide to Cyber Law.
R. Deb. Investigation Vol. I.
Walter Reekless : Crime Problem.
Narotic Drugs and Psychotrapic Substances, Act 1985.
S.K. Ghosh : The Traffic in Narotic and Drug Addiction 1987.
Information Technology Act, 2000.
Indian Penal Code, 1860.
Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of
Sex Selection) Act, 1994.
The Commission of Sati (Prevention) Act, 1987.
The Pre-natal Diagonistic Techniques (Regulation and Prevention of
 Misuse) Act, 1994.
Medical Termination of Pregnancy Act, 1971.
The Child Labour (Prohibition and Regulation) Act, 1986.

                    Group - II : International Law -II

Paper - III : Public International Law-II

                                  UNIT - I
Extradition :
     Definition ; Purpose of Extradition ; Is Extradition a duty of a State :
     Law of Extradition ; Extradition Law in India : The Extradition Act.
Asylum :                                                                    17
    Definition. Forms of Asylum ; Law on Asylum ; Basis of Asylum ;
Reasons for Asylum ; Is Asylum a Right of a person ?

                                UNIT - II

    Settlement of International Disputes :
        Amicable methods of settling International Disputes.
        Forcible methods of settling International Disputes.
    War and its Legal Effects ;
   Definition of War : Declaration of War : Legal Regulation of War :
Effects of Outbreak of War ;
    War Crimes ;
    What Constitute War Crimes ;
    Neuremberg and Tokyo Trials.

                                UNIT - III

Neutrality :
   Definition of Neutrality : Development of the Law of Neutrality ;
Neutrality under the League of Nations ; Neutrality under the U.N.Charter ;
Rights and Duties of Neutral States and Belligerent States, Neutralisation
and Neutralism ;
    Treatment of Aliens ; Protective Jurisdiction of a State ; Local
Remedies Rule ; Expropriation of property of Aliens ; Protection of Human
Rights of Alien ;
Collective Security :
    Definition, Collective Security under the League of Nations ;
Collective security under United Nations.
Disarmament :
    Disarmament efforts under the League of Nations, Disarmament under
United Nations. Outer Space and Disarmament : Concept of Star Wars and
Evaluation of Disarmament Efforts.

                                UNIT - IV

    Aircraft - Hijacking
    Historical Background ; Scope and Definition ; Tokyo Convention,
1963, Hague Convention, 1970, Montreal Convention, 1971, Outer Space
Convention ; Jurisdiction ; Remedies and Consequences : Hijacking as
Political Crime ; and Settlement of Disputes.
    The Anti Hijacking Act, 1982 : The Suppression of Unlawful Acts
Against Safery of Civil Aviation Act, 1982.

                                                                        18
                      SUGGESTED READINGS

Oppenheim : International Law, Vol. I & II.
Max Sorenson : Manual of Public International Law.
Gegard Von Glahn : Law Among Nations.
Schwarzenberger G. : A Manual of International Law.
American Journal of International Law.
Indian Journal of International Law.
International and Comparative Law Quarterly.

Paper - IV : International Law and Contemporary Issues - II

                               UNIT - I

International Legal Protection of the Environment.
The Concept of International Protection of the Environment, Stockholm
Declaration :
The Principles.
Effective Activities of International Organisations and States
Environmental Protection of the World Ocean and its Resources,
Problem of Marine Pollution.
Sources of Marine Pollution.
Legal Control of Marine Pollution.
Marine Pollution and India.

                               UNIT - II

Terrorism :
   Terrorism and International Law.
   Terrorism and Human Rights.
   Efforts of South - Asian Association for Regional Cooperation
(SAARC).
Right to Development :
   The 1979 General Assembly Resolution.
   Progress towards enunciation of the Declaration of the Right to
Development.
   Basic concept of Right to Development.
   State Acceptance and Practices.

                              UNIT - III

General Agreement on Trade and Tariff.
Main Principles and Institutional Drawbacks of GATT.
Trade Problems of Developing Countries.
Settlement of Trade Disputes.                                     19
Evaluation.
U.N. Conference on Trade and Development :
Principle & Objectives.
Integrated Commodities Programme.
London and Paris Summit and the Common Fund.
Evaluation.

                               UNIT - IV

The New International Economic Order (NIEO).
Background.
Essential Component of the NIEO.
State Acceptance and Practice of NIEO Principles.
Evaluation.
Concept of Regionalism.
Regionalism under the League of Nations.
Regionalism under the U.N. Charter.
Regional and Global Security.
Important Regional Agreements :
(a) O.A.S.
(b) Arab League.
(c) O.A.U.
(d) C.E.N.T.O.
(e) N.A.T.O.
(f) Warsaw Pact.
(g) European Summit in Helsinki.
Evaluation.

                       SUGGESTED READINGS

Jenkin, B. : International Terrorism.
Awasthi, S.K. : Law of Terrorism & Gangstors.
U.N. Publication : Our Common Future : The World Commission on
Environment and Development.
Chaturvedi, C.R. : Legal Control of Marine Pollution.
Max Sorenson : Manual of Public International Law.
Gegard Von Glahn : Law Among Nations.
Schwarzenbergr G. : A Manual of International Law.
Starke J.G. : Introduction to International Law.
American Journal of International Law.
Indian Journal of International Law.
International and Comparative Law Quarterly.
Journal of Trade Law.
UNCTAD Reports.
                                                                 20
               GROUP - III : CONSTITUTIONAL LAW

Paper - III : Constitutional Law of India -II

                               Unit-I

  Union & State Executive - Constitutional Position of the President and
Governors of the State- Powers & Functions.
   President in relation to the Prime Minister and Cabinet Ministers.
   Prime Minister and his Ministers and their relation under the
Constitution vis-à-vis President and Parliament.
   Attorney General of India
                                   Unit-II

   Union & State Legislatures ; Rajya Sabha, Lok Sabha, Vidhan Sabha
and Parishad - Composition and their Functions, Chairman and Speaker and
their role in the Houses or Legislatures, Anti Defection Law.
    Parliamentary Privileges - violation & enforcement a critical
understanding of the privileges in Parliamentary set up.

                                 Unit-III

    Panchayats and Municipalities.
    Service under the Union & States ; Constitutional Protection to Civil
Servants, Dismissal, Removal, Reduction in Rank, Suspension, Enquiry &
Punishment stages. Doctrine of Pleasure, Reasonable opportunity to defend
himself.
    Adminstrative Tribunals

                                 Unit-IV

    Election Commission
    Emergency ; National, State and Financial ; Relevent Changes made by
42nd amendment and 44th amendment and further development in this
regard.
    Judicial Activism

Note : The Students are Expected to Consult Important Books on the
Constitutional Law of India such as Seervai Constitutional Law of India etc.
Besides Articles in Leading Law Journals the Candidates are also Expected
to Study Leading Cases on the Subject.

                       BOOKS RECOMMENDED

H.M. Seervai      :    Constitutional Law of India                       21
M.P. Jain        :    Constitutional Law of India
Basu             :    Constitutional Law of India.

Paper - IV : Administrative Law - II

                                 UNIT - I

Administrative Adjudication - Growth, Necessity and Scope.
Characteristics and Organisation of Administrative Tribunal.
Constitutional Position, Power, Procedure of Administrative Tribunal.

                                UNIT - II

Judicial Control of Administrative Tribunals (Special Reference to
 Articles 136 and 227).
Expensional Remedies- Public Interest Litigation.
Exclusion of Judicial Review, Finality Clause and Reasoned Decisions.

                                UNIT - III

   Study of Some Administrative Tribunals - Service Tribunals. Income
Tax Appelate Tribunal.

                                UNIT - IV

   Principles of Natural Justice - Doctrine of Bias and Fair Hearing :
   Exceptions, Problems of Invalidity, Pre-decisional Hearing, Writs
   Injunctions and Declarations.

                       BOOKS RECOMMENDED

M.P. Jain and S.N. Jain : Principles of Administrative Law.
H.W.R. Wade : Administrative Law.
Benard Schwertz : Administrative Law.
Wade Philips : Constitutional Law and Adminstrative Law.
O. Hood, Philips : Constitution and Administrative Law.
S.M. Mehta : Civil Servants and Administrative Law.

                     GROUP -IV : FAMILY LAW

Paper- III : Law of Maintenance

                               Unit-I
Concept of Maintenance :
    Maintenance Under Chapter IX (Ss 125 to 128) of the Criminal        22
Procedure Code, 1973.
    Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

                                  Unit-II

Maintenance Under :
   The Hindu Marriage Act, 1955
   The Hindu Adoption and Maintenance Act, 1956.

                                 Unit-III

Maintenance Under :
   The Parsi Marriage and Divorce Act, 1936
   The Divorce Act, 1869
   The Special Marriage Act, 1954

                                  Unit-IV

Muslim Law of Maintenance,
The Muslim Women (Protection of Rights on Divorce) Act, 1986


                     BOOKS RECOMMENDED

Paras Diwan            :   Indian Personal Laws
Paras Diwan            :   Family Law
B.P. Beri              :   Law of Marriage and Divorce in India
Derrett                :    Introduction to Modern Hindu Law
Paras Diwan            :   Muslim Law in Modern India.


Paper - IV : Hindu Law of Joint Family and Inheritance

                                 UNIT - I

Mitakshara Joint Family.
Mitakshara Coparcenary, its formation and incidents, Classification of
Property under Mitakshara.
Coparcenary Property.
Separate Property.
Dayabhaga Coparcenary, Its Formation and Incidents, Concept of Property
under Dayabhaga Law.

                                                                        23
                                 UNIT - II

Karta of the Joint Family, his Position, Powers, Privileges and Obligations
Alienation of Property.
    Separate Property.
    Coparcenary Property.
Partition.
     Subject Matter of Partition.
     Indivisible Properties.
     Deductions and Provisions.
Persons who have a right to partition and entitled to a share.
Persons who are Entitled to a Share if Partition takes place.
How Partition is Effected.
     Severance of Joint Status or Interest.
     Mode of Partition.
     Division of Property by Metes and Bounds.
     Taking of Accounts.
      Rules Relating to Division of Property.
     Re-opening of Partition.
     Re-union in.
                                  UNIT - III

The Hindu Succession Act, 1956.
Application of the Act.
Definitions.
Overriding Effect of Act.
Intestate Succession.
Devolution of Interest in Coparcenary Property.
Succession to Property of a Hindu Male Dying Intestate.
Concept of Women's Property.
Succession of the Property of a Hindu Female Dying Intestate.

                                UNIT - IV

General Rules of Succession.
Special Provisions Respecting Dwelling Houses.
Disqualifications Relating to Succession.
Class I Heirs.
Class II Heirs.
Escheats.
Testamentary Succession (Under the Hindu Succession Act, 1956)
(Sec. 30).


                                                                          24
                      BOOKS RECOMMENDED

Mayne's : Hindu Law and Usage.
Paras Diwan : Hindu Law of Succession.
Paras Diwan : Indian Personal Law.
Gill, Kulwant : Hindu Women's Right to Property in India.
N.R. Raghavachariar's : Hindu Law.
Paras Diwan : Hindu Law of Succession.




                                                            25
                                   LL.M. Part-II
                                   (4th Semester)
                            Group-I : CRIMINAL LAW

Paper-I : Socio- Economic Offences

                                          Unit-I
Concept of white collar crimes.
Significance of socio-economic offences.
Shift in traditional rules of criminal liability.
Punishment- various punitive measures.

                                         Unit-II
White Collar Crimes :
Historical Background, Definition
Contributory Factors
White Collar Crime relating to Hoarding, Black Marketing and Tax Evasion
White Collar Crime distinguished from traditional Crime
Remedial Measures.

                                         Unit-III
Prevention of Corruption Act, 1988 :
Appointment of special judges.
Offences and Penalities.
Drug Addiction, Trafficking and Crime :
Causes of Drug Addiction
International Perspective of the problem
Illicit Drug Trafficking
Drug-Addicts and Crime
Enforcement Agencies
Remedial Measures
                                       Unit-IV
The Prevention of Food Adulteration Act, 1954 :
Prohibition of Import of certain articles of food.
Prohibition of manufacture, sale etc. of certain articles of food.
Food Inspectors, their powers and procedure to be followed by them.
Offences by Companies
Essential Commoties Act, 1955
Powers to control production, supply, distribution etc. of essential Commodities.
Confiscation of food grains ,edible oil seeds and edible oils.
Penalities
Constitution of Special Courts
Offences triable by Special Courts
Appeal and Revision
Prosecution of Public Servants.
                          SUGGESTED READINGS

Mahesh Chandra                 : Socio-Economic Crimes.
Walter C. Reckless             : The Crime Problem.
Rarold J. Vetter                : Criminology and Crime.
Ira J, Solverman
Marshall B. Clinard, Crime in Developing Countries.
Lanical J. Amott
Essential Commodities Act, 1955.
Prevention of Food Adulteration Act, 1954.
Prevention of Corruption Act, 1947.
Foreign Exchange Management, 1999.
Customs Act, 1962.
The Narcotic Drugs and Psychotropic Substances Act, 1985.
The Prevention of Illicit Traffic in Narcotic Drugs and psychotropic. Substances
Act, 1988.
47th Report of Law Commission of India. Trial and Punishment of Socio-
Economic Offences.
Baxi Upendra : Law and Poverty.
Crime in India, Annual Report.
Relevant provisions of I.P.C. and Cr.P.C.
Criminal Law Review.




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