Department of Law

Department of Law,

Punjabi University, Patiala

(Established under Punjab Act No. 35 of 1961)

LL.B. Three Year Course

(Semester 3rd and 4th) for 2011-12, 2012-13 and 2013-14 Sessions

Scheme of Studies

Third Semester

Paper Subject Univ. Int. * Max

Exam Assess. Marks

1. Law of Crimes-I (Penal Code) 80 20 100

2. Labour and Industrial Law-I 80 20 100

3. Law of Property 80 20 100

4. Administrative Law 80 20 100

5. Option : Any one of the following : 80 20 100

(a) Offences against Child and Juvenile Offence

(b) Law of Equity, Trust and Religious Endowments

Total 400 100 500

Fourth Semester

Paper Subject Univ. Int. * Max

Exam Assess. Marks

1. Law of Crimes-II (Criminal Procedure) 80 20 100

2. Labour and Industrial Law-II 80 20 100

3. Company Law 80 20 100

4. Option : Any one the following ; 80 20 100

(a) Insurance Law

(b) Co-operative Law and Agriculture Insurance

(d) Banking Law

5. Option : Any one the following : 80 20 100

(a) Direct Taxation

(b) White Collor Crime

6. English (Communication Skill)*

* For those students who opt Punjabi as medium of Examination.

Total 400 100 500

* The break-up of 20 Marks for Internal Assessment will be as under :

(a) Two tests of which average will be considered 10 Marks

(b) Assignment 10 Marks

GENERAL INSTRUCTIONS FOR THE PAPER

SETTER FOR ALL THE PAPERS

1. The maximum marks for each paper are 80 and the time allowed in 3 hours.

2. The minimum number of marks required to pass each paper shall be 45% in University

examination and 45% marks in University examination and internal assessment taken

together in each paper.

3. The question paper will consist of five units : I, II, III, IV and V. Unit I, II, III and IV

will have two questions from the respective Units of the syllabus and will carry

12.5 marks each. Unit V will consist of 10 short answer type questions, which will

cover the entire syllabus uniformly and will carry 30 marks in all.

INSTRUCTIONS FOR THE CANDIDATES

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

LL.B. 3rd Semester

Paper I : Law of Crimes - I (Penal Code)

Unit - I

- Group liability on the basis of common intention

- Unlawful Assembly

- Liability of a member of unlawful assembly

- Abetment

- Criminal Conspiracy

- Stages in the commission of crime

- Criminal liability of Companies

Unit - II

- Types of Punishment under the Indian Penal Code

- Right of private defence

- Insanity as a defence to criminal liability

- Offences against morality (Sections 292-294 I.P.C)

- Culpable homicide and murder

- Death by rash or negligent act

- Simple and grievous hurt

Unit - III

- Criminal force and assault

- Kidnapping and abduction

- Outraging the modesty of a woman

- Sexual Offences (Sections 375,376,376A, 376B,376C and 376D

- Bigamy

- Adultery

Unit - IV

- Dowry death

- Cruelty by husband or relative of husband

- Theft, extortion, robbery and dacoity

- Criminal misappropriation of property and criminal breach of trust

- Sedition

- Defamation

Suggested Readings :

1. Rattanlal and Dhirajlal : Law of Crimes

2. H.S.Gaur : Penal Law of India

3. P.S.A. Pillai : Criminal Law

4. T.Bhattacharya : Indian Penal Code

LL.B. 3rd Semester

Paper-II - Labour and Industrial Law-I

Unit - I

The Factories Act, 1948

- Object and salient feature of the Act.

- Worker's health

- Worker's Welfare

- Working hours of adults

- Employment of young person

Unit - II

The Trade Unions Act, 1926

- Object and Salient features of the Act.

- Definition

- Registration of Trade Union

- Position of Unregistered and recognised Trade Union

- Rights of Registered Trade Union

- Liabilities of Registered Trade Union

- Amalgamation of Trade Union

- Dissolution

- Role of Judiciary in safeguarding the rights of workmen.

- The Trade Union (Amendment) Act, 2001.

Unit - III

The Industrial Disputes Act, 1947

- Object and salient feature of Act

- Definitions

Authorities under the Act

- Works Committee

- Conciliation Officer

- Board of Conciliation

- Court of Enquiry

- Labour Courts

- Tribunals

- National Tribunals

References of disputes to Baords, courts or tribunals, voluntary reference of disputes to arbitration.

Unit- IV

- Strikes and lock outs

- Prohibition of strikes and lock outs

- Illegal strike and lock outs

- Prohibition of financial aid to illegal strikes and lock outs

- Lay-Off

- Retrenchment

- Unfair Labour Practice

Suggested Readings :

Report of the National Commission on Labour (1969)

Indian Law Institute, Labour Law and Labour Relation, 1957

G.M. Kothari : A Study of Industrial Law

S.N.Mishra : Industrial and Labour Law

V.G. Goswami : Industriall and Labour Laws

S.K. Puri : Industrial and Labour Laws

Chopra : Minimum Wages Act

Chopra : Payment of Wages Act

S.C. Srivastava : Women's Compensation Act

P.L. Malik : Employee State Insurance Act

LL.B. 3rd Semester

Paper-III - Law of Property

Unit-I

- Definitions (Section 3)

- Transfer by the act of Parties (Section 5)

- Non Transferable Properties (Section 6)

- Persons Competent to transfer and operation of transfer (Sections 7-8)

- Conditions restraining alienations (Section 10)

- Rule against perpetuity (Sections 14-18)

Unit-II

- Doctrine of Election (Section 35)

- Transfer by Unauthorised persons - Feeding the grant by Estoppel (Section 43)

- Tranferee's right under Insurance Policy (Section 49)

- Tranfer Pending litigation (Section 52)

- Doctrine of Part-performance (Section 53-A)

Unit-III

- Definition of Mortgage (Section 58)

- Essential elements of Mortgage

- Kinds of Mortgage

- Rights of Mortgage to redeem (Section 60)

- Definition of Charge (Section 100)

- Kinds of Charge

- Distinction between Charge and Mortgage

Unit-IV

- Definition of Sale (Section 54)

- Essential of Sale

- Rights and Liabilities of buyer and Seller (Section 55)

- Definition of Exchange (Section 118)

- Distinction between Sale and Exchange (Sections 54 & 118)

- Definition of Gift (Section 122)

- Essential of Gift

Prescribed books :

S.N. Sukla : Tranfer of Property Act

R.K. Shina : Transfer of Property, 1882

Suggested books :

Avtar Singh : Transfer of Property

Mulla : Transfer of Property Act, 1882

G.P. Tripathi : The Transferal Property Act. 4

LL.B. 3rd Semester

Paper-IV- Administrative Law

Unit-I

Definition, Nature and Scope of Administrative Law

Necessity and Reasons for the growth of Administrative Law

Historical Development of Administrative Law In India

Doctrine of Separation of Powers and its Defects & Importance

Concept of Rule of Law vis-a-vis Administrative Law

New Horizon of Rule of Law under Indian Constitution

Privilege to withhold the Documents, Privileges of Government in Legal Proceeding under CPC & Evidence

Right to Information.

Unit-II

Legislative Powers of Administration

- Legislative Process

- Executive Legislation : Ordinance

- Delegation of D.L. and its types

- Necessity of delegation legislation

- Merits and Demerits of delegation legislation

- Types of delegation legislation

- Control of delegation legislation : Consultation Process

- Publication

- Legislative Control

- Judicial Control.

Unit-III

Administrative Tribunal, Commission and Regulatory Authority

Need and Reasons for their Growth

Types of Tribunals and its relationship with Article 227 and 136

Tribunal under Indian Constitution

Main features of Tribunal

Administrative Tribunal Act 1985

Composition

Jurisduction

Power and Procedure

Appeal

Writs Jurisduction

Principles of Natural Justice

Composition, Functions and Powers of the Competition Commission of India

Insurances Regulatory and Development Authority : Composition, Powers and Functions of Authority.

Unit-IV

Public Enterprises / Undertaking

- Necessity, Characteristics, Classification

- Rights and Duties

- Control Over Public Undertaking

· Government

· Parliament

· Judicial Control

- Liability of Public Corporation

- Tourtous Liability of Government

- Commission of Enquiry Act, 1952.

Suggested Readings :

Jain and Jain, Administrative Law

S.P. Sathe, Administrative Law

I.P. Massey, Administrative Law

D.D. Basu, Comparative Administrative Law

LL.B. 3rd Semester

Paper-V - Option (a) -Offences against Child and Juvenile Offence

Unit I

Offences against Children Under I.P.C.

The Causing of Miscarriage and of injuries to Unborn Child.

Kidnapping

Trafficking in Children

Sexual Offences:

- Prostitution

- Rape

- Sodomy

- Pornography

Unit II

Offences against Children under Labour Laws and Child Marriage Act.

Prohibition of employment of Children

Working Hours for Children

Economic Exploitation and Abuse of Children

Child Marriage

Unit III

Salient Features of the Juvenile Justice (Care and Protection of Children) Act, 2000.

Powers, Procedure and Inquiry by Juvenile Justice Board in relation to Juveniles in conflict with law

Observation homes, Special Homes.

Offences in respect of Juveniles

Unit IV

Care and Protection of Children under the Juvenile Justice (Care and Protection of Children) Act, 2000.

Production of Children in need of care and Protection before the Child Welfare Committee

Procedure and Inquiry by the Committee

Powers to commit neglected children to suitable custody

Children Homes, After-care Organisations, Shelter Homes

Suggested Readings :

The Juvenile Justice (Care and Protection of Children)Act, 2000

The Prohibition of Child Marriage Act, 2006

The Child Labour (Prohibition and Regulation) Act, 1986

Law of Crimes by Rattan Lal Dhiraj Lal

Indian Penal Code by H.S.Gour

The Juvenile Justice System in India by Ved Kumari

Neglected Children : A Study of Juvenile Justice System by Dr. Pushpinder Kaur Dhillon

LL.B. 3rd Semester

Paper-V - Option (b) -Law of Equity, Trust and Religious Endowments

Unit I

Concept and definition of Equity

- Historical Background

- Definition, nature and scope of equity

- Equity as a branch of law

- Equity under the Indian Legal System

Classification of Equity Jurisdiction.

- Exclusive Jurisdiction

- Concurrent Jurisdiction

- Auxilliary Jurisdiction

Unit II

Nature of Equitable Rights and Interests

- Evolution of Equitable Interests

- Difference between Legal and Equitable Estate " Choose in Action and " Choose in Possession"

Maxims of Equity.

- Equity will not suffer a wrong to be without a remedy

- Equity follows the Law

- He who seeks Equity must do Equity

- He who comes to Equity must come with clean hands

- Delay defeats equities

- Equality is Equity

- Equity looks to the Intent rather to the Form

- Equity looks on that as done which ought to have been done

- Equity imputes an intention to fulfil an obligation

- Equity acts in personam

- Where the Equities are equal, the first in time shall prevail

- Where there is equal Equity, the Law shall prevail

Unit III

General View of Trust

- Introduction, Origin, Development and definition of Trust.

- Creation of Trust

- Rights and Power, duties and Liability of Trustees

- Disabilities of the Trustees

- Rights and Liabilities of the beneficiary

Unit IV

Religious Endowments

- Definition and nature of religious endowments

Essentials of Valid Endowments

Object and Scope of Religious Endowment

Maths

- Shebaitship,

- Power and duties of shebait.

Wakf

- Definition

- Object of Wakf

- Essentials of Wakf

Suggested Readings :

Equity by Hanbury

Trust and Trustees : Cases and Materials, R.H.Maudsley and E.H.Burn

Aqil Ahmad , Equity Trust and Fiduciary Relations

The Indian Trust Act, 1982

The Religious Endowments Act, 1863

The Wakf Act, 1995

LL.B. 3rd Semester

Paper-V - Option (c) -Human Rights Law and Practice

Unit - I

Genesis of Human Rights in India

- Meaning

- Evolution of the concept of Human Rights in India

- Object and Salient features of Universal Declaration of Human Rights (1948)

- Object and Salient features of International Covenant on Civil and Political Rights

(1966)

- Object and Salient feature of International Covenant on Social, Cultural and

Economic Rights (1966)

Unit - II

Human Rights and Constitutional Legal Framework

- Protection of Human Rights Mechanism

- Human Rights in Ancient India, Islamic and British Era.

- Object and Salient features of Protection of Human Rights Act, 1994

- Composition of National Human Rights Commission and State Human Rights

Commission

- Powers and functions of National Human Rights Commission and State Human

Rights Commission.

- Role of Judiciary in Protection of Human Rights.

Unit - III

Human Rights of Marginalized Section of Society

- H.R. of Women

- Rights of aged and differently abled persons

- Human Rights of prisoners

- Human Rights and child

- Human Rights against exploitation

- Human Rights of Scheduled Castes, Scheduled Tribes and Backward Classes/S.Ts/

S.Cs

Unit - IV

Human Rights and personal Liberty

- Right to free Legal aid

- Right to speedy trial

- Right against handcuffing

- Search and seizure

- Torture in Police Custody

- Custodial deaths

- Police fake encounter