SECOND SEMESTER
PAPER-VI
CONTRACTS-II
(Special Contracts)
Unit 1 : Indemnity
and guarantee:
1.1 : Indemnity
and guarantee (Sec. 134, 127) Indian Contract Act 1872
1.2 : Contract
of indemnity
(A) Definition
(B) Rights of indemnity holder
(C) Liability of indemnifier.
1.3 : Contract
of guarantee
a. Definition
b. Essential characteristics of
contract of guarantee
c. Distinction between contract
of indemnity and contract of guarantee
d. Kinds of guarantee
e. Rights and liabilities of
surety
f. Discharge of surety
g. Contract of Bailment and
(Sec. 148-181 of Indian Contract Act 1872).
Unit 2 : Bailment
2.1 : Definition
2.2 : Essential
requisites of bailment
2.3 : Kinds
of bailment
2.4 : Rights
and duties of bailer and bailee
2.5 : Termination
of bailment
2.6 : Pledge
a. Definition
b. Rights and duties of pawnor
and Pawnee
c. Pledge by Non Owners.
Unit 3 : Contract
of Agency (Sec. 182-238 of the Indian Contract Act 1872)
3.1 : Definition
of agent
3.2 : Creation
of agency
3.3 : Rights
and Duties of agent
3.4 : Delegation
of authority
3.5 : Personal
liability of agent
3.6 : Relations
of principal with third parties
3.7 : Termination
of agency.
Unit 4 : Contract
of sale of goods (The Indian Sale of Goods Act 1930).
4.1 : Formation
of Contract
4.2 : Subject
matter of Contract of Sale
4.3 : Conditions
and Warrantees
4.4 : Express
and Implied conditions and Warranties
4.5 : Caveat
Emptor
4.6 : Property,
Possession and Risk
4.7 : Passing
of Property
4.8 : Sale of non-owners
4.9 : Delivery
of goods
4.10 : Rights
and duties of seller and buyer before and after sale.
4.11 : Rights
of unpaid seller.
Unit 5 : Contracts
of partnership (The Indian Partnership Act,1932).
5.1 : Definition
and nature of Partnership
5.2 : Formation
of Partnership
5.3 : Test
of Partnership
5.4 : Partnership
and other Associations
5.5 : Registration
of Firms
5.6 : Effect
of non-registration
5.7 : Relation
of Partners
5.8 : Rights
and Duties of Partners
5.9 : Properties
of the Firm
5.10 : Relation
of Partners to third parties
5.11 : Implied
authority of a partner
5.12 : Kinds
of Partners
5.13 : Minor
as Partners
5.14 : Reconstitution
of a Firm
5.15 : Dissolution
of firm.
Unit 6 : Negotiable
Instruments Act, 1881
SUGGESTED
READINGS
1 : Indian Contract Act, 1872 (Sec. 124-238)
2 : The Sale
of Goods Act, 1930.
3 : The Partnership Act, 1932.
4 : Negotiable Instrument Act, 1881.
5 : Cheshire
and Fifoot-The Law of Contract.
6 : Chitty- on contracts (Specific Contracts)
Vol-II
7 : Pollock and Mulla-Indian contracts and
Specific Relief Act.
8 : Pollock and Mulla- Sale of Goods and
Partnership Acts.
9 : Avtar Singh-Law of Contracts.
10 : Khargumwallah-The Negotiable Instruments Act.
11 : S.T. Desai- Partnership
12 : Bowstead- Agency
13 : Relevant volumes of the Annual Survey
Published by Indian law institute.
Paper-VII
CONSTITUTIONAL LAW-II
Unit 1 : Federalism:
1.1 : Federalism-Principles-Comparative
study of other Federations. Why India
has a Federal
Government.
1.2 : Indian
Federalism-President of India-Council of state-Process of Constitutional Amendment.
Identification of Federal features.
1.3 : Legislative
relations between the Centre and the State
1.4 : Administrative
Relations-Centre States.
1.5 : Financial
Relations-centre-states
1.6 : Governor’s
position from the Perspective of Federalism.
1.7 : Center’s
Powers over the States-Art. 356.
1.8 : J&K-Special
status.
1.9 : Critical
problems of Indian Federalism. Sarkaria Commission-Greater Autonomy
v. Central Control. One party
domination. Emergence of Political Federalism.
Growth of Regional Parties.
Unit 2 : Parliamentary
government:
2.1 : West
Minister Model-Indian experience before independence-Choice of
Parliamentary
Government
2.2 : President
of India-Election, Qualifications, Impeachment, salary
2.3 : Council
of Ministers-President’s constitutional position.
2.4 : Governor
and State Government-Constitutional Relationship
2.5 : Legislative
Process-Privileges, freedom of speech. Practice of law making etc.,
2.6 : Legislative
Privileges v. Fundamental Rights. In re. Art. 143 of the
Constitution of India.
2.7 : Prime
Minister-Cabinet System-Collective responsibility Individual
responsibility.
President-Prime minister relation ship.
2.8 : Party
system-Anti –defection law. Freedom of an A.P. /M.L.A to dissent.
Unit 3 : Constitutional
process of adaptation and alteration:
3.1 : Methods
of Constitutional Amendments-Written-Unwritten, Rigid-Flexible
Constitutions. Provisions which can be amended by ordinary
procedure, special procedure,
Review of Constitutional Amendments.
3.2 : Limitations
upon Constitutional amendments Shankari Prasad, Sajjari Singh.
3.3 : Golaknath
v. Punjab-Why should federal Rights be
immune from the process of
Constitutional Amendment.
3.4 : Basic
structure doctrine as a limitation-Kesavanand Bharathi.
3.5 : Development
of the Basic Structure Doctrine. Constituent Power of the
Supreme
Court. Vaman Rao v. Minerva Mills.
3.6 : Indira
Gandhi v. Raj Narain; Judicial Consensus on Basic Structure Doctrine.
3.7 : Legislative
and Judicial Attempts to bury the Basic Structure Doctrine;
Legitimation
of the Basic Structure Doctrine. Special Bench to Reconsider the Basic
Structure Issue. Forty-second Constitutional Amendment. Forty fourth Constitutional
Amendment .
3.8 : Minerva
Mills and subsequent developments of the Basic Structure Doctrine. Responsibility of the Court; Activism
v. Restraint.
Unit 4 : Emergency:
4.1 : Emergency-need
for such a provision. Types of Emergencies, Experience in
other democracies.
4.2 : Proclamation
of emergency-conditions-Art. 352-Effect of Emergency on
Centre-State Relations.
4.3 : Emergency
and suspension of Fundamental Rights Arts. 358, 359- Makhan Singh
Tarasikha to A.D.M. Jabalpore.
4.4 : Financial
emergency.
Unit 5 : Services
under the constitution.
5.1 : Doctrine
of Pleasure (Art. 310)
5.2 : Protection
against Arbitrary Dismissal, Removal or Reduction in Rank (Art. 311)
5.3 : Tulsiram
Patel-Exceptions to Art. 311.
Unit 6 : Judicial
process under the constitution.
6.1 : Judicial
Review-Art. 32, 226, 227.
6.2 : Nature
of Judicial Review.
6.3 : Court
system in India:
Backlogs, Arrears, Alternatives, Lok Adalats, etc,
6.4 : Judges,
Appointments, Conditions of service etc,
6.5 : Subordinate
Judiciary.
6.6 : Jurisdiction
of Supreme Court and High court.
6.7 : Advisory
Jurisdiction of the Supreme Court.
6.8 : Public
interest Litigation.
Suggested Readings
1 : Basu.D.D -Commentary on the Constitution of India.
2 : Hidayatullah.M (Ed) -Constitutional Law of India
3 : Seervai.H.M -Constitution of India.
4 : Austin.G –Indian Constitution A cornerstone of
a Nation.
5 : Banerjee.A.C –Constitutional History of India.
6 : Khanna.H.R –Making of India’s Constitution
7 : Shiva Rao.B –Framing of India’s Constitution.
8 : Jain.M.P –Indian Constitutional Law.
9 : Relevant volumes of the Annual survey
published by Indian Institute.
Paper-VIII
ENVIRONMENTAL
LAW
Including Wild Life Protection Act
Unit 1 : The
meaning of environment and pollution:
1.1 : Definition, as defined in the Environment
Protection Act: 1986 Sec. 2(a); “Pollution” as defined in the same Act,
Sec 2(a), (b), (c), (d), (e); and in the water (Prevention and Control of
Pollution) Act, 1974. “Forests”, as defined in the Indian Forest Act, 1927, and
the Forest conservation Act, 1980. the intended meaning of environment in
Constitution, Articles 15(2) (b), 24, 39 (a), (b), (c),(e), (f), 47, 48 A, 49.
1.2 : Causative
factors of Pollution.
Unit 2 : Subject
matter of environmental laws:
Unit 3 : Types
and functions of environmental laws
3.1 : Primary
Protective Laws
3.1.1 : For
human-beings: Laws pertaining to: (a) Water (b) Air, (c) Noise, (d) Nuclear
radiation, (e) Toxic substances.
3.1.2 : For
non human-beings: Laws pertaining to (a) Wild life (b) Marine life, (c)
Forests, (d) Minor-forests, (e) restrictions on trade.
3.2 : Primary
planning laws
3.2.1 : For
production:Laws pertaining to: (a) Land use (b) Irrigation, (c) Industries, (d)
Mining, (e) Grazing-land, (f) Catchments areas, (g) Wet land, (h) Estuaries.
3.2.2 : For
distribution Laws pertaining to: (a) Land ceiling (b) Town planning/zoning, (c)
Slums, (d) Housing, (e) Recreational areas, (f) Parks, (g) Sanctuaries, (h)
Biospheres.
Unit 4 : Secondary
laws:
4.1 : Pertaining
to the administration and functioning of Pollution Control Boards;
Water-Boards; the Factories
Acts, Forest Act Land
Reform and Development
Acts, industries Act, etc.,
4.2 : Laws
relating to the administration within the Ministry of Environment and forest.
4.3 : Laws
relating to the collection, dissemination and publication of data by the
Boards of Ministry, concerning.
: a)
Hazardous material, b) Endangering industries, c) Levels of pollution; and d)
Types of safety measures available
and implemented.
4.4 : Laws
relating to the role of the lower courts (including the Forest Courts).
Unit 5 : Tertiary
laws:
5.1 : Constitutional
provisions concerning inter-state relations that concern
acquisition,
regulation and distribution natural resources, (Water, Forests, Mines,
Oil) (with special emphasis on Art. 14, 19, 31-A, 31-B, 31-C, 39(b)&(c); Union
list; 6, 52, 56, 57 State list: 17, 18, 21, 23. concurrent List: 17, 17-A,
17-B, 18, 20,and
Ninth Schedule.
5.2 : Constitutional
provisions: The Constitution of India Art. 14, 15, 2(b), 19(e), 21, 31-c, 32, 38, 39, 42, 47, 48-A, 49,
51, 51-A(g).
Unit 6 : International
parameters of environment:
6.1 : Stockholm Declaration and
its impact.
6.2 : Rio
Summit
6.3 : United
Nations Environmental Programme (UNEP).
6.4 : State
responsibility for environmental pollution
6.5 : North
South Perspective.
Unit 7 : Legal
strategies regulation
7.1 : Deterrence
through criminal liability, Strict liability, Absolute Liability and Vi-carious
liability.
7.2 : Principles
of calculating penalties and economic sanctions against offenders.
7.3 : Principles
and methods of standardization
7.4 : Managerial
7.4.1 : Principles
of tortuous liability
7.4.2 : Estoppel
7.4.3 : Strategies
of incentives, through non-taxation, deductions etc,
7.4.4 : Methods
of recovery through insurances, sureties, bonds etc,
7.5 : Environmental
courts/Tribunals
Unit 8 : Rights
in common law:
: Basis
of occupancy, usufruct and group or collective rights of indigenous
communities
in national and international laws.
Unit 9 : Natural
rights theories and its advocacy in environment related issues:
9.1 : Right
to life.
9.2 : Right
to livelihood
9.3 : Right
to reside
9.4 : Right
to development
9.5 : The
rights of future generations
Unit 10 : Multinational
corporate liabilities:
: In
the legal responsibilities of multinational funding agencies.
Unit 11 : Judicial
activism and environment:
SUGGESTED
READINGS
1 : Agarwal.A. (ed.,)-The State of India’s
Environment the Second Citizen’s Report (1985).
2 : Chatrapathi Singh-Common property and common
poverty (1985)
3 : Jayal, Bandhopadhyay and Singh (ed.,) India’s
environment crises and response (1985)
4 : Leelakrishnan.P (ed.,)-Environment and the law
(1986)
5 : Jain.S.N (ed.,)-Pollution Control and the law
(1978)
6 : Baxi.U-The Bhopal case (1986)
paper-
IX
JURISPRUDENCE
Unit-1 : Need
to study Jurisprudence; Its relationship with political; power structures
and just society.
Unit-2 : What
is a Concept?
2.1 : Concept;
Ideas and Notions
2.2 : What is Theory? Difference between theory;
hypothesis; conjecture; and opinions.
Unit-3 : What
is a Norm?
3.1 : Difference
between maxims, rules, principles and customary rules
3.2 : Differences
between Primary Rules and Secondary Rules.
3.3 : What
is a Normative System
Unit-4 : Concept
of Law; Its difference with laws of natural science, social sciences,
statistics, history
4.1 : Laws
on obligation
Unit-5 : Why
are Laws obligatory?
5.1 : Define
and discuss the following legal concepts: liability, obligation, sanction, coercion, compulsion, duty, estoppel,
promise, Dharma with case material
5.2 : Contractarian
Theories: General-will theories and Free-will theories and
Autonomous
theories particularly Positivist theories connected development of Austin onwards: Reference
to Dworkin; Rawls and Marxian terms of the Doctrine
of withering away of state, including Transcendental Theories.
5.3 : Whom
does the law obligate? Personality;
people; state-with particular
reference
to Directive Principles of State Policy; locus standi, Randhir Singh,
Golaknath and other relevant
cases.
Unit-6 : Theories
of Authority
6.1 : Types
of authority; legislative, judicial and customary-their binding nature.
6.2 : Binding
ness with regard to Precedent. Determination of ratio and methods of
Wanbaugh, Salmond, Good Hart,
Simpson’s approach in Jacob’s case. Also
the
studying factors of Llewellyn
(information to be provided that there is no
distinction
between making and declaring, basing on Gestault psychology.
(Ref: Peter Brett)
Unit-7 : Limits
on Legislative Authority
7.1 : Positivist
view that there are no limits. Discuss
with reference to Austin, Kelsen,
Golaknath and D.C Wadhwa’s case.
7.2 : Natural
Law view that the limits are defined by principles of morality or natural
justice; the legislation, from whatever source, must be in accordance with
such principles. Discuss with reference
to Aquinas, Finnis.
7.3 : The
Rationalists view that the limits are set by rational principles of justice-
Discuss with reference to Kant,
Rawls.
7.4 : The
Basic Structure Doctrine-that the limits are set by the Basic Structure of the
Constitution or the law itself;
any legislation contrary to the basic structure is
non-law (ref: Kesavananda
Bharathi’s case)
7.5 : Define
and discuss the basic legal Concept of Reasonableness with reference to
Indian cases. State of Madras v. V.G. Row (1952 SC 196). Dwaraka Prasad Laxmi Narayan v.
State of U.P (AIR
1954 SC 224). Krishanchanda Arora v. Commissioner
of Police (1961 3 SCR 135).
Hardhan Shah v. State of West Bengal (1975 3 SCC
198).
Air India v. Nargesh Meerza (AIR 1987 SC
1829).
Maneka Gandhi v. Union of India (1978 2SCR 621).
Unit -8 : The
Functions of Law
8.1 : Law
as the upholder of the moral order in the society
8.2 : Concept
of Dharma and connection between Law and Morality
8.3 : Law
for bringing efficiency and social stability; the utilitarian views
8.4 : The
differences between the ends of a legal order, a political order and a
religious
order. Are they interchangeable? Can one replace another? Issue concerning
the dialectics of law
8.5 : Law
as a means of Social Control
8.6 : Law
as Volksgeist
SUGGESTED
READINGS
1 : Bodenheimer Jurisprudence - The Philosophy and
Method of Law (1996), Universal,Delhi.
2 : Fitzgerald, (ed.,) Salmond on Jurisprudence
(1999) Tripathi, Bombay
3 : W.Friedmann, Legal Theory (1999) Universal, Delhi.
4 : M.D.A Freeman (ed.), Lloyd’s Introduction t
Jurisprudence, (1994), Sweet & Maxwell
5 : H.L.A Hart, the Concepts of Law (1970) Oxford, ELBS
6 : Dias, Jurisprudence (1994 First Indian
re-print), Aditya Books, New Delhi.
PAPER-
X
ADMINISTRATIVE
LAW
Unit -1 : Evolution,
Nature and Scope of Administrative Law
1.1 : From
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
1.2 : Evolution
of Administration as the fourth branch of government; Necessity for
delegation of powers on
administration
1.3 : Evolution
of agencies and procedures for settlement of disputes between
individual and administration
1.3.1 : Regulatory
Agencies in the United
States
1.3.2 : Conseil
d’ Etate of France
1.3.3 : Tribunalization
in England and India
1.4 : Relationship
between Constitutional Law and Administrative Law and Public
Administration
1.5 : Separation
of Powers: To what extent relevant to
administrative functions?
1.6 : Rule
of Law and Administrative Law
1.7 : Definitions
of Administrative Law
1.8 : Scope
of Administrative Law
1.9 : Emerging
trends: Positive duties of administration under the modern social welfare
legislation and compulsions of planning
Unit -2 : Bureaucracy
in India
2.1 : Nature
and Organization of civil service; central and State
2.2 : Its
hierarchical character; Accountability and Responsiveness
2.3 : Powers
and Functions
2.4 : Attainment
of developmental and social welfare goals through bureaucracy;
Problems and perspectives
2.5 : Class
character and Structure
2.6 : Administrative
deviance; Corruption; Nepotism;
Mal-administration;
Disciplinary proceedings and Prosecutions under Prevention of Corruption Act.
Unit –3 : Legislative
powers of administration
3.1 : Necessity
for delegation of legislative power
3.2 : Constitutionality
of delegated legislation; Powers of exclusion and inclusion an
power to modify statute.
3.3 : Requirements
for the validity of delegated legislation
3.3.1 : Consultation
of affected interests and public participation in decision making
3.3.2 : Publication
of delegated legislation
3.4 : Administrative
directions; circular and policy statements
3.5 : Legislative
Control of delegated legislation
3.5.1 : Laying
procedures and their efficacy
3.5.2 : Committees
on delegated legislation-their constitution-function and effectiveness
3.5.3 : Hearings
before Legislative Committees
3.6 : Judicial
Control of delegated legislation-Doctrine of Ultra Vires
3.7 : Sub-Delegation
of legislative powers
Unit-4 : Judicial
powers of administration
4.1 : Need
for devolution of adjudicatory authority on administration
4.2 : Administrative
Tribunals and other adjudicating authorities their ad hoc
character-Compare
administration of justice in court with that of Tribunals
(Ref.Robson)
4.3 : Nature of Tribunals; Constitution; Procedure;
Rules of evidence, etc., with
special reference to the following:
4.3.1 : Central
Board of Customs and Excise
4.3.2 : MRTP
Commission
4.3.3 : ESI
courts
4.3.4 : Service
Tribunals
4.4 : Jurisdiction
of Administrative Tribunals and Other authorities; Distinction
between
quasi-judicial and administrative functions and relevance of this
distinction
in the light of recent decisions of the Supreme Court
4.5 : The
Right to Hearing; Essentials of hearing process, Bias (no one can be a
judge in his own cause); Oral
Hearing, etc.,
4.6 : Rules
of Evidence- No evidence; some evidence and Substantial evidence rules
4.7 : Requirements
regarding Reasoned Decisions.
4.8 : The
Right to Counsel
4.9 : Institutional
Decisions
4.10 : Administrative
Appeals
4.11 : Council
on Tribunals and Inquiries in England
4.12 : US
Regulatory Agencies and Administrative Procedures Act, 1946
4.13 : Emerging
trends of Tribunalization in India
as a means to relieve congestion in the
courts and utilization of administrative expertise
Unit -5 : Judicial
Control of Administrative Action
5.1 : Preliminary
5.1.1 : Courts
as the final authority of determine legality of administrative action;
Problems and Perspectives
5.1.2 : Exhaustion
of Administrative Remedy
5.1.3 : Standing;
Standing for Social Action Litigation
5.1.4 : Laches
5.1.5 : Res
Judicata
5.2 : Grounds
of Judicial Review: Scope of judicial review
5.2.1 : Jurisdictional
error/ultra vires
5.2.2 : Abuse
and non exercise of jurisdiction
5.2.3 : Error
apparent on the face of the record
5.2.4 : Violation
of Principles of Natural Justice
5.2.6 : Primary
jurisdiction
5.2.7 : Absence
of ripeness
5.2.8 : Political
Question
5.2.9 : Doctrine
of Legitimate Expectation
5.3 : Methods
of Judicial Review
5.3.1 : Statutory
Appeals
5.3.2 : Mandamus
5.3.3 : Certiorari
5.3.4 : Prohibition
5.3.5 : Quo-warranto
5.3.6 : Habeas
corpus
5.3.7 : Declaratory
Judgment and Injunctions
5.3.8 : Specific
Performance and civil suits for compensation
5.3.9 : Fact-finding
Commissions
Unit -6 : Administrative
Discretion
6.1 : Need
for administrative discretion
6.2 : Administrative
discretion and Rule of Law
6.3 : Malafide
exercise of discretion
6.4 : Constitutional
imperatives and use of discretionary authority
6.5 : Irrelevant
Considerations
6.6 : Non-exercise
of discretionary power
6.7 : Discretion
to prosecute or to withdraw prosecution
6.8 : Limiting,
confining and restructuring discretion-general discretion,
technical discretion
Unit-7 : Liability
for wrongs: (Tortuous and Contractual)
7.1 : Tortuous
Liability: Sovereign and Non-sovereign functions
7.2 : Crown
Proceedings Act of UK
and Torts Claims Act of US
7.3 : Statutory
Immunity
7.4 : Act
of State
7.5 : Contractual
liability of Government
7.6 : Government
privilege in legal proceedings; State secrets, Public interest, etc.,
7.7 : Right
to Information and Open government
7.8 : Estoppel
and Waiver
Unit 8 : Corporations
and Public undertakings
8.1 : State
Monopoly; Remedies against arbitrary action or for action against public
policy
8.2 : Liability
of public and private corporations of departmental undertakings
8.3 : Legal
Remedies
8.4 : Accountability;
Committee on public undertakings, Estimates committee, etc.,
Unit-9 : Informal
methods of settlement of disputes and grievance redressal procedure
9.1 : Conciliation
and mediation through Social Action Groups
9.2 : Use
of media, lobbying and public participation in policy making
9.3 : Public
inquiries and Commissions of inquiry
9.4 : Ombudsman,
Parliamentary Commissioner
9.5 : Lok
pal, lok ayukta
9.6 : Vigilance
Commission
9.7 : Congressional
and Parliamentary Committees
SUGGESTED
READINGS
1 : D.D.Basu,Comparative Administrative Law
(1998).
2 : Wade,Administrative Law (Seventh Ed, Indian
print 1997), Universal ,Delhi
3 : J.C.Garner, Administrative Law(1989)
4 : M.P.Jain, Cases and Materials on Indian
Administrative Law, Vol.I and II (1996)Universal,Delhi.
5 : Jain & Jain, Priniciples of Administrative
Law (1997),Universal Delhi.
6
: P.Sathe,Administrative Law (1998) Butterwroths-India,Delhi.
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