For 2016-17 and 2017-18 Sessions

MASTER OF LAWS

LL.M. SYLLABUS

3rd & 4th Semesters

For 2016-17 and 2017-18 Sessions.

THIRD SEMESTER

Group-I : CRIMINAL LAW

Paper-I : Juvenile Justice

Paper-II : Developing Areas of Crimes & Crime Control Strategies

Group-II : INTERNATIONAL LAW

Paper-I : International Institutions-I

Paper-II : International Protection of Human Rights-I

Group-III : CONSTITUTIONAL LAW

Paper-I : British Parliamentary System

Paper-II : Federalism and Indian Constitution

Group-IV : FAMILY LAW

Paper-I : Law of Adoption and Guardianship

Paper-II : Law of Succession, Gifts, Charitable Endowments & Wakfs

Group-V : BUSINESS LAW

Paper-I : Law of Export-Import Regulation

Paper-II : Banking Law

Dissertation

FOURTH SEMESTER

Group-I : CRIMINAL LAW

Paper-I : Socio-economic Offences

Paper-II : Administration of Criminal Justice

Group-II : INTERNATIONAL LAW

Paper-I : International Institutions-II

Paper-II : International Protection of Human Rights-II

Group-III : CONSTITUTIONAL LAW

Paper-I : American Constitutional Law

Paper-II : Indian Constitution and Environment 1

Group-IV : FAMILY LAW

Paper-I : Problems of Family in Contemporary Indian Society

Paper-II : Practice and Procedure under Personal Laws

Group-V : BUSINESS LAW

Paper-I : Insurance Law

Paper-II : Corporate Finance

Dissertation

GENERAL INSTRUCTIONS FOR THE PAPER

SETTER FOR ALL THE PAPERS

1. The maximum marks for each paper are 74 and the time allowed is 3 hours.

2. The minimum number of marks required to pass each semester shall be 45% in each paper including Dissertation and 50% in the aggregate.

3. The question paper will consist of three units : I, II and III. Unit I and II will have

four questions from the respective Units of the syllabus and will carry11 marks

each. Unit III will consist of 10 short- answer type questions, which will cover the

entire syllabus uniformly and will carry 30 marks in all.

4. Internal exams marks for each paper are 26 which includes 05 marks of Attendance,

11 marks of Written Assignment/Project Work etc. and 10 marks for Two Mid-

Semester Tests/Internal Examination.

LL.M. (3rd Semester)

Group -I : Criminal Law

Paper- I - Juvenile Justice

Unit-I

Concept of Juvenile Justice and Juvenile Delinquency

Nature and Causes of Juvenile Delinquency

International Efforts for Juvenile Justice

Historical Development of Juvenile Justice in India

General Principles of Care and Protection of Children

Juvenile Justice Board - Procedure and powers etc.

Procedure in Relation to Children in Conflict with Law

Child Welfare Committee – Procedure and Powers etc.

Procedure in Relation to Children in Need of Care and Protection

Children's Courts - its working and distinctive characteristics.

Unit-II

Delimitation of the Scope of Juvenile Delinquency

Discriminatory application of Juvenile Justice

Juvenile Homes

Special Juvenile Police Unit, Juvenile Justice Fund, Child Protection Society

Treatment of Juvenile Delinquents & Children in Need of Care and Protection

Rehabilitation and Social Re-integration of Juvenile Delinquents and Children in need of care and protection

Adoption

Offences against Children

An Evaluation of Juvenile Justice System in India.

Suggested Readings :

Ved Kumari: The Juvenile Justice System in India

Sophia M. Robinson : The Juvenile Delinquency : Its Nature and Control

Denis Stott: Delinquency the Problem and its Prevention

S.K. Mukherjee : Administration of Juvenile Correctional Institutions

Shipra Lavonia: Juvenile Delinquency

James R. Kluegel: Evaluating Juvenile Justice (Edited)

Prof. N.V. Paranjape: Criminology and Penology

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

The Juvenile Justice (Care and Protection of Children) Act, 2015

LL.M. (3rd Semester)

Group-I : Criminal Law

Paper- II - Developing Areas of Crime and Crime Control Strategies.

Unit-I

Concept of Violence

Communal Violence

Terrorism

Hijacking

Honour Killing

Concept of Organised Crime

Black money

Money Laundering

Offences relating to Religion

Unit-II

Concept relating to Punishment under Indian Criminal Justice System

Sentencing Policy

Crime Control Strategies and Criminal Justice Planning

New techniques of crime investigation

Compensation to victims of crime

Public Participation in Prevention of Crime

Role of Media in Crime Control.

Suggested Readings :

K.D. Gaur : Criminal Law : Cases and Material

K.D. Gaur : Criminal Law and Criminology

Rajagopal : Violence and Response : A Critique of Indian Criminal Justice System

The Unlawful Activities (Prevention) Act, 1967

The Money Laundering Act, 2002

The Anti Hijacking Act

LL.M. (3rd Semester)

Group-II : International Law

Paper-I : International Institutions-I

Unit-I

Contemporary study of International Institutions :

Approaches to the study of International Organisations. Definition, Essentials and Classification of International Institutions. Legal personality, privileges and immunities of International Institutions.

Evolution of International Institutions :

The Concept of Europe and its weakness, Public International Unions, The Hague System : Developments in the 20th century

The League of Nations :

Principal organs. Functions. Causes of its failure. Achievements. The United Nations, Factors and events leading to the formation of the United Nations. Preamble, purposes and principles of the United Nations Charter, Membership in the United Nations : Admission to membership, suspension, expulsion and withdrawal from membership.

Unit-II

The General Assembly :

Composition and Voting procedure. Functions and Powers. Effectiveness of the General Assembly Resolutions. Uniting for Peace Resolution and issue of its validity. Evaluation of work of the General Assembly.

The Security Council :

Composition and Voting procedure. Functions and Powers. Problem of veto in the Security Council. Evaluation of the work of the Security Council

The Economic and Social Council :

Composition and Voting procedure. Functions and Powers. Evaluation of its work.

International Peace-keeping :

Meaning of peace-keeping : Collective Security and peace-keeping. Evolution of peace-keeping in the League of Nations and the United Nations. U.N. Peace-keeping forces-case studies. Evaluation of peace-keeping efforts.

Suggested Readings :

D.W. Bowett : The Law of International Institutions

Gilbert Murray : From the League to U.N.

Goodrich & Hambro : The Charter of the United Nations.

Potner Pitman : Introduction to the Study of International Organisations

Stephen S. Goodspeed : Nature and Functions of International Organisation.

The American Journal of International Law

The Indian Journal of International Law.

LL.M. (3rd Semester)

Group-II : International Law

Paper-II : International Protection of Human Rights-I

Unit-I

Historical Foundations of Human Rights and their Importance under International Law. Human Rights Provisions of the U.N. Charter and their Legal Character. United Nations Organs concerned with Protection of Human Rights.

Protection of Human Rights and the 'Domestic Jurisdiction Clause' of the U.N. Charter. Study of various Rights enshrined in the Universal Declaration of Human Rights, 1948. Importance, Value and Force of Universal Declaration of Human Right, 1948.

Unit-II

International Covenants on Civil and Political Rights, 1966. International Covenant on Economic, Social and Cultural Rights, 1966. International Convention on the Elimination of all forms of Racial Discrimination, 1965.

Protection of Human Rights under the International Labour Organisation. Impact of Human Rights Standards of ILO on Indian Labour Legislation. Protection of Human Rights under the Indian Constitution.

Suggested Readings :

Ian Brownile : Basic Documents on Human Rights

H. Lauterpacht : International Law and Human Rights

Moses Moskowitz : Human Rights and World Order

Karel Vasak and : The International Dimensions of Human Rights

Philip Aliston (Eds.)

Paul Sieghart : The International Law of Human Right

N.C. Hingorani : Human Rights in India

G.S. Bajwa : Human Rights in India : Implementation and Violations

H.C. Agarwal : Implementation of Human Rights Covernants

Pereed Kazami : Human Rights - Myth and Reality

B.N. Mahrish : International Labour Organisation and its impact on India

American Journal of Internation Law

Indian Journal of International Law.

LL.M. (3rd Semester)

Group -III : Constitutional Law

Paper- I - British Parliamentary System

Unit-I

Features of British Constitution. Coventions of the British Constitution. Sanctions behind conventions. Importance of Conventions.

Role and Functions of Monarchy. Origing of Monarchy. Difference between king and crown. Position and powers of the Monarch. Appointment, Powers, Functions and Position of Prime Minister of England.

Unit-II

British Cabinet System. Origin and Development. Meaning and organisation of the cabinet, committee of the cabinet. Salient features of the British Cabinet System. House of Lords, Composition, Privileges, Powers, Functions and weaknesses, Lord-Chancellor.

House of Commons : Composition, Method of Election, Tenure, Privileges of the members, Speaker of the House, Powers and Functions of the House of Commons, British Judicial System, Salient Features, Organisation of Courts, Position of Rule of Law, Privy Council : its composition and functions.

Suggested Readings :

Wade & Philips : Constitutional Law

Philips & Hood : Constitutional & Administrative Law

Dicey : Introduction to the Study of the Constitution

Jenning : The British Constitution

Jenning : The Law & the Constitution

Vishnoo Bhagwan & : World Constitutions

Vidya Bhushan

LL.M. (3rd Semester)

Group -III : Constitutional Law

Paper- II -Federalism and Indian Constitution

Unit-I

Nature of Federalism : Meaning, necessity, origin, development, merits, demerits, position under the Indian Constitution.

Democracy - Republic : Meaning, necessity, origin, development, merits, demerits and its Constitutional position, Theory of Seperation of power. Difference between Parliamentary and Presidential forms of Government. Role of Judiciary.

Unit-II

Division of Powers : Emergency and its impact on centre-state - relationship. Financial relations between centre and state, Recommendations of Sarkaria Commission, National Commission to Review for working of the Constitution, Recent Development.

Constitutional position of the Governor : Origin and development of office of Governor in India during British regime. Role of Governor in State. Appointment & Removal of the Governor, Powers, Privileges and Functions. Relation of the Governor with the Council of Ministers.

Suggested Readings :

Aiyer and Mehta : Essays on Indian Federalism

Jennings : Some characteristics of Indian Constitution

Basu, Durga Das : Constitutional Law of India

Dicey, A.V. : Law of the Constitution

Banerjee, Anil Chandra : The Constitutional History of India

Friederic, Care S. : Constitutional Government and Democracy

Sarkaria Commission Report on Centre-State Relations (1988)

: The National Commission to Review the working of the

Constitution -2002, Chairman - M.H. Venkatachaliah.

LL.M. (3rd Semester)

Group -IV : Family Law

Paper- I - Law of Adoption and Guardianship

Unit-I

Adoption under the Hindu Adoptions and Maintenance Act,1956. Application of Act. Requisites of a valid adoption. Capacity of a male Hindu to take in adoption. Capacity of a female Hindu to take in adoption. Persons capable of giving in adoption.Persons who may be adopted.

Conditions for a valid adoption. Effects of adoption. Rights of adoptive parents to dispose of their property. Determination of adoptive parents in certain cases. Valid adoption not to be cancelled. Presumption as to registered documents relating to adoption. Prohibition of certain payments. Position of adoption under other personal laws. Inter-country adoptions.

Unit-II

Guardianship under personal laws. Definitions. Natural Guardian. Powers of Natural Guardian, Testamentary Guardian, Powers of Testamentary Guardian.

Defacto Guardian, Powers of Defacto Guardian, Incapacity of a minor to act as a Guardian. Custody/Hizanat, Welfare of minor to be paramount consideration. Procedure of appointment of Guardian under the Guardian and Wards Act, 1890.

Suggested Readings :

Paras Diwan : Family Law

G.M. Divekar : Hindu Law

Acharya Shuklendra : Hindu Law

D.C. Manooja : Law of Adoption in India

R.C. Nagpal : Modern Hindu Law.

LL.M. (3rd Semester)

Group -IV : Family Law

Paper- II : Law of Succession, Gifts, Charitable Endowment and Wakfs.

Unit-I

Testamentary Succession : Historical Background, Definition, Essential of Will (Wassiyat), Subject matter of a Will, Formalities of Wills, Void Wills, Codicils, Limitation, Testamentary disposition, Loss of Right to Bequest.

Gifts : Definition, Essentials of Gift, Subject matter of Gift, Qualification for making or taking a gift, Conditional Gift, Revocational Gifts, Gifts with Consideration, Charitable Endowments, Definition, Essentials of a Valid Endowment.

Unit-II

Math, Definition, Object, Succession to the office of Mahant, Termination of Mahant, Debutter, Idol as a Juristic person, Public and Private Debutter. Shebaitship. Powers and obligations of Shebait. Devolution of Shebaitship, Termination of Office.

Definition, Essentials of Wakf, Persons entitled to make a Wakf, Subject matter of Wakf, Formalities of Wakf. Object of Wakf, Management of Wakf.

Suggested Readings :

B.B. Mitra : The Indian Succession Act

Nishi Purohit : The Principles of Mohammedan Law

A.A.A. Fyzee : Outlines of Mohammedan Law

Ramesh Chandra Nagpal : Modern Hindu Law

Paras Diwan : Testamentary & Intestate Succession

LL.M. (3rd Semester)

Group - V : Business Law

Paper – I : Law of Export & Import Regulation

Unit-I

Introduction: State control over import and export of goods - from rigidity to liberalisation, Impact of regulation on economy

The Basic Needs of Export and Import Trade: Goods, Service, Transportation.

General Law on Control of Imports and Exports: Legislative control, Power of control: Central government and RBI, Foreign Trade Development and Regulation Act 1992, Restrictions under customs law, Export-Import formulation: Guiding features, Control under FEMA, Foreign exchange and currency, Import of goods

Unit-II

Exim Policy : Changing Dimensions

Investment policy : NRIs, FIIs (foreign institutional investors), FDIs, Joint venture, Promotion of foreign trade, Agricultural products, Textile and cloths, Jewellery, Service sector

Law Relating to Customs: Prohibition on importation and exportation of goods, Control of smuggling activities in export-import trade, Levy of, and exemption from, customs duties, Clearance of imported goods and export goods.

Regulation on Investment: Borrowing and lending of money and foreign currency, Securities abroad - issue of, Immovable property - purchase abroad, Establishment of business outside, GDR(global depositories receipts), Investment in Indian banks, Repatriation and surrender of foreign securities

Technology transfer: Restrictive terms in technology transfer agreements, Automatic approval schemes

Suggested Readings :

Dr. Verma and Agarwal : Banking Law and Practice

Avtar Singh : Negotiable Instruments Acts

Negotiable Instruments Act, 1881

Reserve Bank of India Act, 1934

Malik, P.L : Negotiable Instruments Act, 1881 Ind. Ed. W/s 2003 (Annitated)

LL.M. (4th Semester)

Group -I : Criminal Law

Paper- I - Socio-Economic Offences

Unit-I

Concept of Socio-economic offences

Significance of Socio-economic offences

Shift in traditional rules of criminal liability

Punishment - Various punitive measures.

White Collar Crimes :

Historical Background, Definition and Concept.

Contributory Factors.

White Collar Crime relating to Hoarding, Black Marketing and Tax Evasion.

White Collar Crime distinguished from traditional crime

Remedial Measure

Prevention of Corruption Act, 1988 :

Definitions

Appointment of Special Judges

Offences and Penalities

Sanction for Prosecution.

Unit-II

Essential Commodities Act, 1955

Powers to control production, supply, distribution etc. of essential commodities

Confiscation of essential commodities

Penalities

Offences by companies

Cognizance of offences

Prosecution of Public Servants.

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 & position

Offences by Companies.

The Food Safety and Standards Act, 2006

Definitions

Food Safety Standard Authority of India

General Principles of food safety

Prohibition of Import of certain articles of food

Offences and Penalities.

Suggested Readings :

Mahesh Chandra : Socio-Economic Crimes.

S.K.Ghosh : Economic Offences.

Jaspal Singh : Socio-Economic Offences.

Walter C. Reckless : The Crime Problem

Rarold J. Vetor : Criminology and Crime

Marshall B. Clinard : Crime in Developing Countries

Baxi, Upendra : Law and Poverty

Essential Commodities Act, 1955

Prevention of Food Adulteration Act, 1954

Prevention of Corruption Act, 1988

The Food Safety and Standards Act, 2006

47th Report of Law Commission of India. Trial and Punishment

of Socio-Economic Offences.

Crime in India, Annual Report

Relevant provisions of I.P.C. and Cr.P.C.

Criminal Law Review

Report of Committee on Reforms of Criminal Justice System.

LL.M. ( 4th Semester)

Group -I : Criminal Law

Paper- II -Administration of Criminal Justice

Unit-I

-Administration of Criminal Justice: Meaning and Purpose

-Organs of Criminal Justice System

-Attributes of fair trial of criminal case and Rights of the accused

-Congnizable and non-congnizable offences - Distinction and justification for classification