Second Year LLB Degree Program Syllabus

Third Semester
Family Law - II
1.	Joint family
	1.	Mitakshara joint family
	2.	Mitakshara coparcenary-formation and incidents
	3.	Property under Mitakshara law-separete property and coparcenary property
	4.	Dayabhanga coparcenary-formation and incidents
	5.	Property under Dayabhanga law
	6.	Karta of the joint family-his position,powers,privileges and oligations
	7.	Alienation of property-seperate and coparcenary
	8.	Debis-doctrines of pious obligations and antecedent debt
	9.	Parition and re-union
	10.	Joint hindu family as a social security institution and impact of Hindu gains of Learning Act and various Tax laws on it.
	11.	Matrilineal joint family

2.	Inheritance
	1.	Hindus
	2.	Historical perspective of tradiional hindu law as a background to the study of Hindu Succession Act 1956
	3.	Succession to property of a Hindu male dying intestate under the provision of the Hindu Succession Act 1956
	4.	Devolution of interest in Mitakshara coparcenary with reference to the provisions of Hindu Succession Act 1956
	5.	Succession to property of a Hindu female dying intestate under the Hindu Succession Act 1956
	6.	Disqualification relating to Succession
	7.	General rules of Succession
	8.	Marumakkattayam and Aliyasantana laws governing people living in Travancore-Cochin and the districts of Malabar and South Kanara
	9.	Muslims
	10.	Genaral rules of Succession and exclusion from Succession
	11.	Classification of Heirs under Hanafi and Ithna Ashria schools and their shares and distribution of property.
	12.	Chiristians Parsis and Jews
	13.	Heirs and their shares and distribution of property under the Indian Succession Act of 1925.

	Settlement of Spousal property
	(Need for development of law)
	Establishment of Family courts
	1.	Constitution,powers and functions
	2.	Administration of gender justice
	3.	Uniform Civil Code
	4.	(Need for)
	5.	Religious Pluralism and its implications
	6.	Connotations of the directive contained in Article 44 of the Constitution
	7.	Impediments to the formulation of the uniform Civil Code
	8.	The idea of optional uniform Civil Code

	BOOKS RECOMMENDED
	Paras Diwan	: Family Law
	Aquil Ahmad	: Mohammedan law
	Mulla	: Hindu law

1.	International Law and Human Rights
	1.	Historical and theoretical foundation of International law
	2.	Basic Principles of International Law
		a.	Sovereign equality of states
		b.	Non intervention
		c.	Non use of force
		d.	International cooperation
		e.	Peaceful settlement of disputes
	3.	Sources of International Law
		a.	Treaties
		b.	Customs
		c.	General Principles of Law recognised by Civilised Nations
		d.	Judicial & Aritral decisions and Juristic Opinions
		e.	UN General Assembly Resolutions
	4.	Relationship between International and Internal Law
		a.	Theories
		b.	State practice with special reference to India and United Kingdom
	5.	Subjects of International Law
		a.	State
		b.	International organizations
		c.	Individuals / People
		d.	MNCs and other private entities
	6.	The Law of Recognition
		a.	Recognitin of States
		b.	Recognition of Governments
		c.	Recognition Dejure and Defacto
		d.	Legal effects of Recognition
		a.	Stimson's doctrine of non-recognition
	7.	Jurisdiction of States
		a.	Territorial jurisdiction
		b.	Personal jurisdiction
		c.	Protective jurisdiction
		d.	Universal jurisdiction (terrorism, hijacking, narcotics, war crime and crimes against peace)
		e.	Diplomatic immunities and privileges
		f.	State immunity
	8.	Law of State Responsibility
		a.	Nature and kinds of responsibility
		b.	Responsibility for breach of treaty and expropriation of property including the Calvo clause and the law relating to debts
		c.	Responsibility for international delinquencies
		d.	Treatment of aliens
		e.	Law relating to claims and damages
		f.	Obligations Erga Omnes
		f.	Abuse of rights
	9.	The Law relating to the acquisition and loss of Nationality
		a.	International importance of nationality
		b.	Nationality of corporations and un-incorporated associations
		c.	The law relating to extradition, rendition and asylum
	10.	Human Rights and fundamental freedoms
		a.	The UN Charter provisions
		b.	Universal Declaration of Human Rights
		c.	International Covenants of 1966 and other related Conventions
		d.	Regional Conventions and Treaties
		e.	The Constittution of India and International Human Rights Law
	11.	Peaceful Settlement of International Disputes(with reference to Article 33 of UN Charter)
	12.	The Law relating to International Institutions
		a.	The UN General Assembly
		b.	The Security Council
		c.	The Economic and Social Council
		d.	The development of International Law through the International Court of Justice
		e.	The UN Secretariat
	13.	Private International Law with special reference to Goa

	RECOMMENDED BOOKS
	J. G Starke	: Introduction to International Law
	S.K. Kapoor	: Public International Law
	M. P. Tandon	: Public International Law
	U. Chandra	: Human Rights
	Justice Palok Basu	: Human Rights
	Dr. S. K. Awasthi	: Human Rights

2.	Jurisprudence
	1.	Preliminaries :
			The Purpose of Legal Theory-Law and fact- The territorial nature of law
	2.	Constitutional law - International Law :
	3.	Theories / Schools
			Natural Law Theory - Imperative Theory - Kelson's Pure theory - Hart's Theory - Legal Realism, American Realism and Scandinavian realism - Historical School - Sociological School - Marx's Economic theory
	4.	The Sources of law :
		a.	Legislations as a source of law - Types of legislations - Relation of legislation to other sources of law - Codification - Interpretation of enacted law(in general)
		b.	Precedent - Authority of precedent - Circumtances destroying or weakening precent - Ratio decidendi - obiter dicta
		c.	Custom - Importance of customary law - kinds of customs - Essentials of custom
	Legal Concepts
	5.	Legal Rights :
			Concepts pf Rights - Characteristics of legal Rights - Legal Rights in wider sense of the term - kinds of Legal Rights.
	6.	Ownership :
			Idea of ownership - The subject matter of ownership - Classification of ownership
	7.	Possession
			Idea of possession - Possession in fact and possession in law - kinds of possession - Acquisition of possession - Possession and ownership - Possessory remedies
	8.	Persons :
			Nature of personality - Legal status of lower animals, dead man, unborn person - Legal persons - Corporations - Unincorporated associations - Corporate personality.
	9.	Titles :
			Vestive Facts - Acts in Law - Agreements - Classes of agreements - void and voidable agreements
	10.	The Law of Property :
			Meaning of property - kinds of property. Modes of acquisition of property.
	11.	The Law of Obligations :
			Nature of obligations - Solidary obligations - Source of obligations

	RECOMMENDED BOOKS
	Salmond Jurisprudence -Twelfth Edition
	Dr. B.N. Mani Triptathi, Jurisprudence.

3.	Administrative Law
	1.	Introduction :
			Definition, Nature and scope of administrative law, reasons for the growth of administrative law, rule of law in England America and India, separation of powers and development in the united stats and India
	2.	Delegated legislation :
		a.	Development, restraint on delegation.
		b.	Control over delegated legislation: Judicial control, Legislative Control, Parliamentary control
	3.	Classification of Administrative Action :
			Legislative, Judicial, Quasi Judicial and Administrative Actions
	4.	PrincIples of Natural Justice :
		a.	Rule, against Bias, Kinds of Bias
		b.	Rule of Fair Hearing: Contents
		c.	Effect of failure of natural justice, Exceptions to the Princjples natural Justice
	5.	Administrative Adjudication :
			Reasons for the Growth, Structure and Procedure of Adjudicatory Bodies, Kinds of Tribunals
	6.	Administrative Discretion :
			Failure to exercise discretion, Excess or Abuse of discretion
	7.	Judicial Control of Administrative Action :
		a.	Prerogative Remedies, Laches and delay, Resjudicata, Articles,1 36 and 226.
		b.	Statutory Judicial Remedies: Civil Suits and Appeals
		c.	Equitable Remedies: injunctions and Declaratory Actions
	8.	Estoppel and Waiver :
			Government promise and ostoppel in U.S.A. and England, Promissory estoppel in ¾ India
	9.	Government Liability :
			Government Contracts, Government Tortuous Liability
	10.	Ombudsman and Central vigilance Commission :
	11.	Public Undertakings :
			Reasons for the growth, Features, Control over Public undertakings
	12.	Government privileges in legal proceedings
	13.	Official Secrets and Right to information

	RECOMMENDED BOOKS
	Sathe	: Administrative Law
	Jani M.P.	: Principles of Administrative Law
	Massey I.P.	: Administrative Law
	Philip and Wade	: Administrative Law

Fourth Semester
1.	Company Law
	1.	Introduction :
		Definition. Nature, Advantages and Disadvantages of a company
	2.	Registration and incorporation
	3.	Memorandum of Association :
		Various clauses of Memorandum of Association
	4.	Articles of Association :
		Constructive Notice and Doctrine of indoor Management and Limitations
	5.	Prospectus :
		Definition, Contents of Prospectus, Remedies for Misrepresentation
	6.	Promoters :
		Definition, Duties, Liability and Position
	7.	Shares :
		Allotment, Statutory Restrictions, General Principles, Transfer of Shares
	8.	Shareholders and Members :
		Definition, How to become a member, who may be a member, calls on shares
	9.	Share Capital :
			Kinds of share capital, Share Warrants
	10.	Directors :
		Position, Appointment of Directors, Qualifications of Directors, Powers of Directors, Duties of Directors, Meetings of Directors
	11.	Other Managerial Personnel :
	12.	Meetings :
		Kinds of Meetings, Voting
	13.	Dividends, Audit and Accounts
	14.	Borrowing, Lending, investments and Contracts
	15.	Debentures :
		Definition, Features and Kinds of debentures, Charge
	16.	Majority Powers and Minority Rights :
		Rule in Foss v. Harbottie and exceptions
	17.	Prevention of Oppression and Mismanagement
	18.	Investigations
	19.	Kinds of Company
	20.	Reconstruction and Amalgamation
	21.	Defunct Companies
	22.	Winding up :
		Types of winding up, Consequences of winding up, Powers of Liquidator
	23.	Conduct of Winding up

	RECOMMENDED BOOKS
	Indian Company Law	: Avtar Singh
	Guide to Companies Act	: Rammiaya
	Company Law	: Palmer
	Gower	: Principles of Modern Company Law

2.	Environmental Law
	Concept of environment and pollution
	1.	Environment-meaning and contents
	2.	Pollution-meaning, kinds and effects of pollution
			Legal control and historical perspective
	3.	Environmental Jurisprudence
	4.	Criminal law and environment
	5.	Common law and environment
	6.	Constitutional perspectives
			Fundamental rights-directive principies4undamentai duty-judicial approach- public interest litigation-right to information-doctrines of environmental pollution
	7.	Water and Air pollution
			Meaning and standards. offences and penalties, judicial approach Authorities under the enactments their powers and functions Remedies in case of water and air pollution
	8.	Noise pollution
	9.	Legal control-Judicial approach
	10.	Environmental protection
	11.	EP Act, 986-objectives, loopholes, judiciai approach
	12.	Environmental impact assessment
	13.	Bio-Medical Waste and Hazardous Waste
	14.	Coastal Regulation Zone, 1991
	15.	Guidelines For Beach Resorts - Role Of Judiciary
	16.	Forest And Greenery
	17.	Greenery Conservation Laws-Role of Judiciary-Authorities
	18.	Protection Of Wild Life
	19.	Role of Judiciary-Offences-Authorities
	20.	International regime
	21.	Stockholm conference, green house effect and ozone depletion-Rio conference-UN Declarations

	RECOMMENDED BOOKS
	Rosencranz	: Environmental law and policy in India
	Kailash Thakur	: Environmental protection law and policy in India
	Leelakrishnan	: The Environmental Law in India
	Gandhi	: Environmental law
	Karkera	: Environmental law

3.	Law of Evidence
	1.	Introduction :
			Definition, kinds of evidence, Fact, Facts in issue, proved, not proved, disproved, relevant
	2.	PresumptIons: kinds of Presumptions
	3.	Relevancy of Facts :
			Section 5 to 16, Admissions and Confessions, Statements by persons who cannot be called as witnesses Statements made under Special circumstances, Facts of public nature, Relevancy of judgements. Opinion of third persons when relevant. Character when relevant.
	4.	Proof :
			Facts which need not be proved
	5.	Modes of proof
	6.	Documentary Evidence :
			Presumption of documents
	7.	ExclusIon of oral by documentary evidence
	8.	Ambiguous documents
	9.	Burden of Proof
	10.	Estoppel
	11.	Witness
	12.	Privileged Communications
	13.	Examination of Witness
	14.	Improper admission or rejection of evidence

	RECOMMENDED BOOKS
	RatanLal & Dheeraj Lal	: Law of Evidence
	Avtar Singh	: Principles of Law of Evidence
	Krishnamachari	: Law of Evidence
	Sarcar	: Law of Evidence

4.	Banking Law and Consumer Protection (Optional)
	1.	Introduction :
			Emergence of banking institutions
	2.	Bank and Customer :
			Definition of Banker & Customer General relation between Banker and Customer Special relation between Banker and Customer, Rights and obligations of the Banks, Garnishee Order, Bankers lien
	3.	Accounts
			Kinds of accounts
	4.	Over drafting
	5.	Special types of customers
	6.	Safe custody deposit
	7.	Pass book
	8.	Letters of credit
	9.	Purchase and discount of bills
	10.	Nationalisation of Banks
	11.	Law relating to negotiable instruments :
			Definition and Kinds, Holder and holder in due course, endorsement, Crossing of cheques, kinds of cheques, Marking of cheques, Material alteration, Paying banker and statutory protection, Collecting banker and statutory protection, Notice of dishonour, Criminal Liability of the drawer of the cheque
	12.	Reserve Bank of India Act, 1934
	13.	BankIng Regulation Act, 1949
		Consumer Protection
	1.	Evolution of consumerism
	2.	Salient features of Consumer Protection Act, 1986
	3.	Definitions
		Consumer, Service and unfair trade practice
	4.	Medical profession and consumer protection Act
	5.	Consumer protection councils
	6.	Consumer dispute Redressal agencies

	RECOMMENDED BOOKS
	Tandon	: Law of Banking
	Dr. Subramanyam	: Law of Banking
	Agarwal	: Consumer Protection Act
	Saraf	: Consumer Protection Act
	Gurjeet Singh	: Consumer Protection Act

4.	Law of Insurance (Optional)
		General principles of insurance law
	1.	Basic insurance :
			Introduction, insurance scheme and its benefits, insurance and loss prevention
	2.	State control of Insurance Business :
			Insurance Act, 1938, Life Insurance Act,1956, General insurance Business (Nationalisation) Act. 1972, insurance Regulatory and Development Authority Act, 1999.
	3.	Law relating to Insurance Contracts :
			Sources, basic legal concepts, def of contract of insurance.
	4.	Formation, Performance and Discharge of Contract :
			Competence of parties, free consent, wagering agreements, void and voidable agreements, Discharge of contracts.
	5.	Proposal and policy :
			Proposal covers note, the slip, the policy, and construction of policy.
	6.	Terms and conditions and exceptions of policy :
			Condition precedents and subsequent, effect of breach, waiver of breach, assignment of policy, premium.
	7.	Utmost good faith :
			Duty of disclosure, insured’s and insurer’s duty, extent of the duty, illustrative cases.
	8.	Insurable interest :
			Contractual and statutory, illustrative cases.
	9.	Indemnity, Subrogation and Contribution.
	10.	The risk
	11.	Proximate cause
	12.	Reinsurance :
			Marine Insurance
	13.	Insurable Interest
	14.	Disclosure and representation
	15.	The marine policy
	16.	The voyage
	17.	The insured perils
	18.	Loss and abandonment
	19.	Partial loss and average loss. Fire insurance
	20.	Non-disclosure and misrepresentation
	21.	Standard fire policy
	22.	Proximate cause
	23.	Subrogation, Double Insurance Contribution and Average :
			Accident and Motor Insurance
			Life insurance
			Marine Insurance

	RECOMMENDED BOOKS
	K.V.S.N Sharma	: Law of insurance
	Dr Avtar Singh	: Law of insurance
	M.N.Srinivasan’s	: Principles of insurance Jaw

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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