First Year LLB Degree Program Syllabus

First Semester  
     
Contract-I  
|.
General Principles of Contract  
1.
Nature of contract
2.
Definition, Essentials for valid Contract
3.
Agreement:
  a. Definition of agreement
  b. Definition of Offer, Essentials, Kinds and lapse of offer
  c. Definition of Acceptance, Essentials of a valid acceptance, Revocation of acceptance
  d. Standard Forms of Contracts
4.
ConsideratIon:
 
Definition, Essentials of ConsideratIon, Kinds of Consideration, Agreements without Consideration, Exceptions to the rule, Privity of Contract, Indian and English Concept of Privity.
5.
Capacity:
 
Agreements with Minor, Unsound mind persons and Persons Disqualified by law. Agreements with Minor, Unsound mind persons and Persons Disqualified by law.
6.
Free Consent
  Voidable contracts: Coercion, undue influence, Misrepresentation, Fraud and Mistake
7.
Legality of Object
  Effect of Illegal Agreements, Various Illegal Agreements and Agreements opposing public policy.
8.
Void Agreements:
  Effect of Illegal Agreements, Various Illegal Agreements and Agreements opposing public policy.
9.
Contingent Contracts
10.
Discharge of Contracts:
  a. Discharge by performance: reciprocal promises and its performance, Joint promises, nature and liability of Joint     promises.
  b. Discharge by Impossibility: Kinds of Impossibility, Doctrine of frustration, Position in India and Exceptions to     Doctrine of Frustration.
  c. Discharge by Agreement : Novation and Remission of performance.
  d. Discharge by Breach: Kinds of breach and effect of breach of contract.
11.
Remedies for Breach of Contract:
  a. Kinds of Remedies
  b. Damages: Remoteness of Damages, Measure of damages, Kinds of damages, Quantum Meruit.
12.
Quasi Contracts:
  a. Basis for quasi-contractual relations, Kinds of quasi contracts
   
||.
Government Contracts:
  Essentials of Government Contracts. Contractual Liability of Government Application of principles of quasi contracts in Government Contracts.
   
|||.
Specific Relief Act:
 
Definitions, Recovering Possession of Property, Specific Performance of Contracts Rectification of Instruments, Rescission of Contracts, Cancellation of Instruments, Declaratory Decrees, Injunction Kinds of Injunctions.
   
IV.
Multinational Agreements

  BOOKS RECOMMENDED  
  Mulla : Indian Contract Act  
  Dessai : Indian Contract Act  
  Avtar Singh
: Law of contract
 
  Ponnuswami
: Cases and materials on contract
 
  Anson : English law of contract  
  R. K. Bangia : Law of Contract and Specific Relief Act  
  Jam M. P. : Indian Constitutional Law  
  ShukiaV. N. : The Constitution of India  

2.
Criminal Law  
1.
General Principles of Crime Law:
  Definition of crime, Theories of Crime, Elements of Crime, Stages in the commission of a crime, Difference between Crime, Tort and Contract.
2.
Administration of Criminal Law
  Indian Penal Code, 1860
3.
Introduction
  Inter and Extra territorial Operations
4.
Definitions
  Good faith, dishonesty illegal, fraudulently, offence,etc.
5.
Group liability
  Common intention and common object
6.
Punishment
  Kinds of punishments capital punishment
7.
General exceptions
  Mistake of fact, mistake of law, accident, infancy, insanity, consent trifling acts, private defense
8.
Abetment - conspiracy- offences against State
9.
Offences relating to Defense Services, Public Servant and elections
10.
Offences against public tranquility - unlawful Assembly, Rioting and Affray
11.
Contempt of lawful authority of public servants
12.
False evidence, Fabricating false evidence and offences against public Justice.
13.
Offences relating to coin and Government stamps and weights and measures
14.
Offences affecting public health, safety convenience, decency and morals Public Nuisance, Obscenity etc.
15.
Offences relating to religion
16.
Offences affecting Human body
  Murder, suicide, hurt, kidnaping,rape. etc.
17.
Offences against property
  Documents and property marks-theft, extortion, robbery, dacoity, forgery false document etc.
18.
Criminal breach of contract of service
19.
Offences relating to marriage
  Cruelty on wife-Bigamy, Adultery etc.
20.
Defamation, criminal intimidation, insult and annoyance
21.
Attempt to commit offences
22.
New kinds of offences like terrorism, pollution etc.

  Preventation of Terrorism Act  
  BOOKS RECOMMENDED  
  Ratanlal and Dhirajlal : Indian Penal Code  
  Atchuttan Pillai : Criminal Law  
  M.P. Tandon : The Indian Penal Code  
  Kenny : Out lines of Criminal Law  
  Srivastava : Elements of Criminal Law  
  Saxena : Indian Penal Code  
  Gaur K.D : Cases and Materials on Criminal Law  

3.
Law of Torts
   
1.
Law of Torts
1.
Nature and Definition of Tort
  Various definitions of tort, nature of tort, essentials of tort, mental elements in tortious liability.
2.
General Defences
3.
Capacity
  Minor, Corporation, Convict, Husband and Wife, Sovereigns. Joint tort feasors and Independent tort feasors.
4.
Vicarious Liability
  Master-Servant Principal-Agent; Vicarious Liability of the State-position In India.
5.
Remoteness of Damage
  Test of directness, test of reasonable foresight
6.
Trespass to the person
  Assault Battery and False Imprisonment and Remedies
7.
Trespass to Land
  Meaning, trespass ab Initio and remedies
8.
Trespass to goods
  Meaning, conversion of goods - meaning, kinds of conversion; detinue
9.
Negligence
  Essentials of negligence; Contributory Negligence
10.
Nervous Shock
11.
Rule of Strict Liabililty
  Rule and exceptions; The Rule of absolute liability
12.
Liability for dangerous animals
  Scienter rule, cattle trespass and ordinary liability
13.
LiabIlity for dangerous chattels
  Liability towards Immediate transferee, towards ultimate transferee.
14.
Liability for dangerous promises
  Obligation towards lawful visitors, trespassers and children
15.
Nuisance
  Kinds of nuisance, Essentials, Defences
16.
Defamation
  Kinds, Essentials, Defences
17.
Abuse of legal procedure
18.
Interference with contract, business - Including breach of contract, Intimidation, conspiracy, malicious falsehood, passing off.
19.
Deceit
20.
Discharge of tortious liability
21.
Death in relation to tort
  Effect of death on a subsisting cause of action, causing of death as being actionable as a tort.
22.
Remedies
  Damages, Injunctions, specific restitutions; extra judicial remedies.
   
2.
Consumer Protection Act 1986
a.
Consumer Movements:
  Historical Perspective
b.
Consumer:
  The concept
c.
Consumer of goods and services; service, commercial service and consumer safety; unfair trade practices;
d.
Enforcement of consumer rights.

  BOOKS RECOMMENDED  
  Ratanlal and Dhirajlal : Law of Torts  
  Salmond Law of tort : Law of Torts  
  Winfield : Law of torts  
  Bangia R.K. : Law of torts  
  Agarwai V.K : Consumer Protection  

Legal Language and Legal Writing    
1.
Judgements
1.
Union of India v. Rati Pal Saroj (AIR 1998 SC 1117)
2.
Headmistress, Govt. Girts High School V Mahalkshmi (AIR 1998 Madras 86)
3.
Zafar Ahmad Khan v. State (AIR 1963 Aliahabad 105)
4.
Malan v. State of Bombay (AIR 1960 Bombay 393)
5.
Raunaq Intenational Ltd. v. l.V.R. Constructions Ltd (AIR 1999 SC 369)
6.
Delhi Municipal Corporation v. Susheela Devi
7.
K. T Pavunny v. K.T Mathew (AIR 1982 Ker. 309)
8.
M.P.Ojha v.State of M.P.
9.
I.T.C. Ltd., Workers Welfare Association v. Management of ITC (AIR 2002 SC 937)
10.
Sajjan Raj Surana v. Jaipur Vidyut Nigam Ltd. (AIR 2002 Rajasthan 109)
11.
Rajesh Chandulal Gandhi v. State of Gujarat (A1R 2002 SC 1412)
12.
Adhyatma Bhattar Aiwar v. Adhyatma Bhattar Sri Devi (AIR 2002 SC 88)
13.
M. Gowda. V.A. Gowda (AIR 2002 SC 215)
14.
State of Maharashtra v. Bharat Fakira Dhiwar (AIR 2002 SC 16)
15.
Union of India v. Bhagwati Prasad (AIR 2002 SC 1301)
   
2.
Lessons
1.
Opinion and Dissenting Opinion in Repouille v U.S
2.
Educating Lawyers for a changing World by Eerwin N. Grisword
3.
Mr. Havlena's Verdict by Karel Capek
4.
Comparative Law by Rene David and John B.C. Brierley
5.
Five Functions of a Lawyer by Arthur T. Vanderbilt
   
3.
Legal Maxims
1.
Actio personalis mortiur corn persona
2.
Actus nonfacit reum nisimens sit rea
3.
Audi alterm partem
4.
Causa proxima et non remota spectatur
5.
Caveat emptor
6.
De minimus non curat lex
7.
Delegatus non potest delegare
8.
Ex nudo pacto non oritur actio
9.
Exturpi caus non ortur actio
10.
ignorantia tacit excusat, ignorantia juris non excusat
11.
Lex non cogit ad impossibilia
12.
Nasciturus projam nato habetur
13.
Nemo debt esse judex in propria
14.
Nemo debt vexari pro uno et eadem cause
15.
Nemo det quad on habet
16.
Nemo temetur scipsum accusare.
17.
Novus actus intervenious
18.
Pendente lit nihil innoveture
19.
Qui facit per alium facitper se.
20.
Res ipsa loquitur
21.
Respondent superior
22.
Solus populi supreme lex
23.
Ubi jus ibi remedium
24.
Vigliantibus, non dormientibus, jura subvenium.
25.
Volenti non fit injuria
   
4.
Legal Terms
1.
Abandonment, accessory, accomplice, acquittal, act of god, act of state, Actus reus, ad idem, adjournment, adverse witness, affidavit, alibi, alien, Alimony, almensa et thorn, amicus curiae, amnesty, annuity, antecedent debt, Appeal, appurtenant, arbitration, attachment, averment.
2.
Bail, bailment, banishment, Bankruptcy, battery, bench, bigamy, burden of proof.
3.
Capital punishment, Case law, caveat, Circumstantial evidence, cognizable offence, cohabitation, Common law, compromise, consanguinity, corroboration, crime.
4.
Deposition, Dictum, dissolution, divorce, documentary evidence, domicile, due care, Dying declaration.
5.
Equity, estoppel, eviction, evidence, exhibit, exparte.
6.
FIR, Functous officio.
7.
Guarantee, guardian
8.
Hearing, homicide.
9.
In camera, Injunction, inquest, inquisitional procedure, Insanity, intention, intestate, intra vires.
10.
Jurisdiction.
11.
Law reports, legislature, litigation, locus standi.
12.
Mens rea, Mesne profits, mortgage.
13.
Negligence, negotiable instrument, Non-congizable offence.
14.
Oath, over rule, ownership.
15.
Pardon, penalty, peur Plaintiff Possession, preemption, privity, procedure, promisory Note, proof, Prosecution, proviso, punishment
16.
Quasi judicial, quid proquo, quorum.
17.
Ratio decidendi, receiver, remedy, remission, repeal, representative action, res nullis, resjudicata, respondent.
18.
Sans recourse, schedule, sentence, show cause, sandard of proof, stare decis, stature law.
19.
Testimony treason.
20.
Ulra virus, udue Influence, usage.
21.
Vexatious suit, void.
22.
Warrant, welfare law, will, thess, wrong.
   
5.
Legal Notice
   
6.
Affidavit

  BOOKS RECOMMENDED  
  Trayner : Latin Maxims  
  Agarwal R.K. : Legal Dictionary  
  Bhatnagar R. P. & Bhargava : Law and Language  
  Hubert Broom : A selectylon legal maxims  
  : All India Reporters  

Second Semester  
     
Contract -II  
1.
Special Contracts  
1.
Contracts of indemnity & guarantee.  
2.
Bailment:
  Bailor’s duty, Rights & duties of bailee, Position of finder of goods
3.
Pledge
4.
Agency:
 
Kinds of agents, Ratification duties of agent, Rights and duties of agent & duties of principal, Liability of agent and Principal, Termination of agency Indian Partnership Act
1.
Introduction:
 
Meaning and definition of partnership, Basic essentials of partnership, Mode of determining existence of partnership Comparison between partnership and co-ownership, Comparison between partnership and joint family business, Comparison between partnership and company.
2.
Partnership at will
3.
Rights of partners.
  Duties and obligations of partners.
4.
Relations of partners to third persons:
  Liability of firm for acts of partners Liability of the partners towards third parties
5.
Implied authority of a partner. Scope of such Implied authority
6.
Doctrine of holding out
7.
Minor
8.
Incoming partners:
  Modes of introduction, liability, Retirement of a partner, Expulsion of a partner
9.
Dissolution of firm:
  Liability, accounts, public notice, Rights, payment of debts, Restraint of trade, Good will.
10.
Registration of firm:
  Advantages of registration, Effects of non registration, Registration Subsequent to filling of suit
   
Sale of Goods Act
1.
Introduction:
 
Definition and essentials of sale, Define Goods and Different kinds of goods Difference between contract of sale and agreement to sell. Differentiate between hire-purchase and contract of sale.
2.
Implied conditions and Warranties in a contract of sale
3.
Transfer of property and Title:
 
Transfer of property in Specific Goods, and Unascertained goods Transfer of title: Rule of Nemo det quodnon habet, Exceptions of the rule
4.
Performance of Contract:
  Kinds of delivery, Rules regarding delivery.
5.
Rights of Unpaid Seller:
  Rights to LIEN, Right to stoppage in transit and right to resale
6.
Suits for breach of Contract
   
Negotiable lnstruments Act
1.
Definition and essentials of Negotiable Instruments
2.
Promissory note:
  Definition, Nature and Essentials of Promissory Note
3.
Bill of exchange:
 
Definition and essentials of a bill of exchange. Bills in sets Distinction between Bill of exchange and Promissory Note
4.
Cheque:
  Definition and essentials of a cheque. Distinction between Cheque and Bill of exchange
5.
Negotiation:
  Endorement and its kinds, Definition fo holder, and, holder in due course
6.
Holder in due course:
  Rights and privileges of a holder in due course of a negotiable instrument
7.
Payment in due course
8.
Parties to negotiable instruments and their liability.
9.
Modes of discharge from liability:
  payment cancellation, release, non-presentment, etc.
10.
Crossing of cheques
11.
Dishonour of cheques:
  Criminal liability of drawer for issuing cheques without funds
12.
Presentment:
  Presentment for payment
13.
Dishonour:
  Non acceptance, non payment, Notice of dishonour
14.
Noting and protest
15.
Maturity of negotiable Instruments
16.
Special rules of evidence, Rules of International law

  BOOKS RECOMMENDED  
  Mulla : Indian Contract Act  
  Avtar Singh : Law of Contract  
  Arison : English Law of Contract  
  Avtar Singh : Principles of Mercantile Law  
  Bangla R.K : Principles of Mercantile Law  
  Mulla : Negotiable Instruments Act  
  Avtar Singh : Partnership Act, Sale of Goods Act, Negotiable Instruments Act  
  Bangia R.K. : Partnership Act, Sale of Goods Act,Negotiable Instruments Act  

2.
Family Law - I
 
Family Laws - Concepts and Ideas
1.
Ancient Sources of Hindu Law. -5
2.
Modern sources of Hindu Law. -3
3.
Sources of Muslim Law. -2
4.
Custom as a source of law (Integrated Question)
5.
Legislation as source of Family laws of India. (To show how legislation has developed various Family laws of India, by briefly outlining the various legislations In India) (Integrated Question) -2
6.
Legislation and reforms in Family laws of India. (To show how legislation has brought about reforms in the various family laws.) (Integrated Question) -1
7.
Precedent as source of family laws (To show how precedent has played apart In developing family laws in India) (Integrated Question) -2
8.
Equity, justice and good consience as a soruce of law. (integrated question) -1
9.
Schools of Hindu Law. -2
10.
Schools of Muslim law-I
11.
Concept of marriage as Sacrament or contract (Integrated Question)-1
12.
Ceremonies of marriage (integrated Question) -1
13.
Registration of marriage (Integrated Question) -1
14.
Capacity to marry (Hindu Law) -I
15.
Capacity to marry In Muslim law. -1
16.
Valid, Voidable, and void marriages under Muslim law. -2
17.
Valid, Voidable and void marriages under Hindu law. -2
18.
Valid, Voidable and void marriages under Family laws of Goa. -2
19.
Essentials of marriage in family laws of Goa. -1
20.
Impediment to marriage In family laws of Goa. -1
21.
Matrimonial Regimes (Family laws of Goa. -1)
22.
Regime of general Community of Property (Family law of Goa) -1
23.
Effects of Conversion in family laws (Hindu and Muslim) (Integrated question) 1
24.
Child Marriage -Critical analysis (Student is expected to refer to various provisions and critically make suggestions only) -1
25.
Dowry -Critical analysis (Student is expected to refer to various provisions and critically make suggestion only). -1
26.
Dower under Muslim law. -1
27.
Sati (Student is expected to discuss the problem of Sati and critically make suggestions) -1
28.
Bigamy and Polyandry (Student is to critically discuss the subject.) -1
29.
Theories of divorce. (Guilt theory Consent theory, Irretrievable breakdown theory) -I
30.
Grounds for Divorce under Hindu Law. -3
31.
Divorce for men under Muslim Law. -1
32.
Grounds for divorce for Muslim women. -I
33.
Grounds for divorce under Special marriage Act, -1
34.
Grounds for Divorce under family laws of Goa. -1
35.
Grounds for Divorce under Indian Divorce Act, -1
36.
Comparative analysis of grounds of divorce (Student is expected to critically analyze the grounds for divorce.) (integrated Question) -1
37.
Grounds for divorce for a Model Code. (Students are expected to make suggestions for grounds for divorce for a model code.) -1
38.
Cruelty as a ground for divorce (Illustrated with case law) (Integrated Question) -1
39.
Desertion as ground for divorce (Integrated Question) -1
40.
Adultery as a ground for divorce (Integrated Question) -1
41.
Option of puberty-I
42.
Judicial Separation (Integrated Question) -1
43.
Nullity of manlage (Integrated Question) -1
44.
Nullity under Indian Divorce Act-:1-
45.
Restitution of conjugal rights. (integrated Question) -1
46.
Barto matrimonial relief. (Hindu Law) -1
47.
Maintenance of neglected wives, divorced wives, minor children, disabled children, and parents who are unable to support themselves provisions under the Code of Criminal Procedure 1973. -2
48.
Alimony and maintenance under different personal laws a review with suggestions for reforms.-1
49.
Maintenance of divorced Muslim women-A critical review (students Critically to review the subject-1
50.
Adoption under Hindu Law.-2
51.
Legitimacy. (lntegiatedQuestion)-1
52.
Custody, maintenance. (integrated Question) -1
53.
Guardianship. (Integrated Question) -2
54.
Family and changing patterns : Working women, composition of family, etc-1
Note: The teaching pattern has to be an integrated approach where the principles of Hindu Law and Muslim Law along with the Christian Law and Goa Civil Law to be discussed wherever possible.

  BOOKS RECOMMENDED  
  Subbarao G.C.V. : Family Law in India  
  Usgaocar M.S. : Family Laws of Goa, Daman & Diu Vol  
  Paras Diwan : Hindu Law  
  Paras Diwan.
: Muslim Law in Modem India
 
  Mulla
: Hindu Law:
 
  Mayne's
: Hindu Law
 

3.
Constitutional Law
1.
IntroductIon:  
 
Definition of Constitution - Need for Constitution, Classification of Constitutions, Constitutionalism and Indian Constitution, Framing of Indian Constitution
2.
Salient features of the Indian Constitution  
3.
Preamble  
4.
Fundamental Rights  
  Concepts of Fundamental rights - Origin and Development, Fundamental Rights in india
  4.1. Definition of State: Judicial pronouncements on meaning of other authorities
  4.2.
Justiciabiiity of Fundamental Rights Judicial Review Indian and American concept Justiclabiiity of Pre and post constltutionai Laws Waiver and fundamental Rights
  4.3. Right to Equality: Reasonable classification - Basis for classificatlon
  4.4. Right against discrimination : Special provisions for Women, children and Backward Classes
  4.5. Equality of Opportunity: Reservations of Posts for Backward Classes 79th and 85th AmendmentActs.
  4.6. Abolition of Untouchability
  4.7. Abolition of Titles
  4.8. Right to Freedom:
      
Freedom of Speech and Expression: Right to know, Freedom of Press Reasonable Restrictions, Test for reasonableness Burden of proving reasonableness of restrictions
       Freedom of Assembly, Reasonable restrictions
        Freedom to form Associations, Reasonable restrictions
         Freedom of Profession, Occupation, trade and Business, Reasonable restrictions
  4.9. Rights of the Accused Ex-post facto laws. Right against Double Jeopardy, Right against Self-Incrimination
  4.10.
Right to Life and Personal Liberty : Meaning and Scope, American and Indian Concept of Right to life and personal liberty, Various facets of Right to Life, Prisoners Rights.
  4.11.
Protection against Arrest and Detention : Safeguards against Arrest made under the ordinary law, preventive detention, safeguard against detention made under the preventive detention laws.
  4.12. Right against Exploitation:
          Right against trafficking in human beings,safeguards against Begging and other forms of forced labour.
  4.13. Secularism:
          
Right to Freedom of Religion, Reasonable restrictions, Right to establish and maintain Religious Denominations, Freedom from payment of Taxes, Prohibition of religious Instructions in Educational institutions.
  4.14. Cultural and Educational Rights:
          
Right to conserve language script or culture, Right to admission to Educational institutions. Right of Minorities to Establish and Administer Educational institutions, No discrimination in granting aid.
  4.15. Saving of certain laws:
         
Acquisition of Estates etc., Validation of certain Act and Regulations, Saving of laws giving effect to certain Directive Principle of State policy
  4.16. Right to Constitutional Remedies:
         
Right to move to the Supreme Court prerogative Remedies, Rule of locus standi, Public Interest Litigation Resjudicata, Delay and Lathes, Alternative Remedy, Suspension of Fundamental Rights, Effect of Emergency on ftindamental rights, Members of Armed Forces and Fundamental rights. Martial LAW. Legislation to give effect to provisions of Part Ill.
5.
Directive Principles of State Policy  
  Object and purpose, Classification, Relation between Fundamental Rights and Directive Principles of State PolIcy.
6.
Fundamental duties  
7.
Union Executive  
8.
Union Legislature (Parliament)  
9.
The Union Judiciary  
10.
State Executive  
11.
State Legislature  
12.
State Judiciary  
13.
Relation Between Union and States:  
  Concept of Federalism, Legislative relations, Administrative Relations, Financial Relations, Cooperative Federalism.
14.
Right to Property  
15.
Freedom of Trade, Commerce and Intercourse  
16.
Services under the Union and the States  
17.
Elections  
18.
Emergency Provisions:  
  Kinds of Emergencies, Effects of emergency
19.
Amendment of the Constitution  
  Kinds of amendments, Methods of amendments under Indian Constitution, Scope of amending power of the Parliament, Amendment of Fundamental Rights, Doctrine of Basic Structure.
20.
Special Status to Jammu and Kashmir  

  BOOKS RECOMMENDED  
  Jain M.P. : Indian Constitutional Law  
  Basu D.D. : Shorter Constitution of India  
  Kazgi
: Constitutional Law Vol. I & II
 
  Shukla V.N.
: The Constitution of India
 
  Tope T.K.
: Constitutional Law of India
 

4.
Property Law  
1.
Introduction
  Interpretation clause
2.
Transfer of property by act of parties:
  Whether movable of immovable, Election apportionment, transfer of immovable property
3.
Sale of Immovable property
4.
Mortgages of Immovable property and charges:
 
Rights and liabilitIes of mortgagor, Priority. Marshalling and Contribution, suits for foreclosure, Sale or Redemption, anomalous Mortgages, Charges, Notice and tender.
5.
Lease of Immovable Property
6.
Exchanges
7.
Gift
8.
Transfer of actionable Claim
9.
Indian Easement Act:
  Easement, acquisition of easement, kinds, extinguishment of easement.

  BOOKS RECOMMENDED  
  Mulla : Transfer of Property  
  Shah : Transfer of Property  
  Jain J.D.
: Transfer of Property
 
  Tripathi
: Transfer of Property
 



Contact Information
The Principal
V.M. Salgaocar College of Law,
Miramar - Panjim, Goa,
403 001 - India.
Phone: +91-832-462225
Fax: +91-832-421571
Email: principal@vmslaw.edu