Third Year LLB Degree Program Syllabus

Third Semester
1.	Arbitration and Conciliation Act, 1996
1.	The concepts of ADR’s
	Negotiation, Mediation, Conciliation and Arbitration. The need for ADR’s. Detects of existing dispute resolution system.
2.	Arbitration Agreement
3.	Power at parties to refer the matter for arbitration
4.	Interim measures by court and arbitrator
5.	Composition of arbitraI tribunal
	Number of arbitrator, appointment of arbitrator,
6.	Grounds for challenge of appointment
	Challenge procedure, failure to act, termination of mandate, and substitution of arbitrator.
7.	Jurisdiction of Arbitral Tribunal
	Competence of arbitral tribunal to rule its own jurisdiction.
8.	Conduct of arbitral proceedings
	Place of arbitration, commencement of arbitral proceedings, fixing of language of arbitral proceedings, procedure for making claim and defence, effect of default by a party
9.	Other important powers of arbitrator
	Equal treatment of parties, determination of rules of procedure
10.	Other important powers of arbitrator
	Appointment of expert by arbitral tribunal, court assistance in taking evidence
11.	Rules applicable to substance of dispute.
12.	Making of arbitral award and termination of proceedings
	Decision making by panel of arbitrators, form and contents of arbitral award, termination of proceedings
13.	Correction and interpretation of arbitral award; additional award.
14.	Settlement
	Duties of arbitrator, advantages of settlement.
15.	Recourse against arbitral award
	Setting aside arbitral award.
16.	FinalIty and enforcement fo arbitral award.
17.	Appeals
18.	Miscellaneous
19.	Enforcements of foreign awards
20.	New York convention awards
21.	Geneva convention awards
22.	Conciliation

	BOOKS RECOMMENDED
	Avatar Singh	: Arbitration and Conciliation Act, 1996
	Bachawat J	: Arbitration and Conciliation Act, 1996

2.	Law of Taxation
1.	General principles regarding tax:
2.	Definition of tax and fee
3.	Cannon of tax and fee
4.	Constitutional provisions and tax law
	Income Tax Act
5.	Definitions—previous year, assessee, assessment year, person etc.
6.	Capital and Revenue receipts
7.	Total income of an assessee
8.	Incomes accrued and arise In India
9.	Residential Status and tax incidence
10.	Incomes exempted under Sec. 10
11.	Income of Political party and charitable trust
12.	Income under the head Salary
13.	Income under the head business and profession
14.	Income from capital gains
15.	Income from house property
16.	Income from other sources
17.	Incomes exempted under Sec. 88
18.	Set off and carry forward of losses
19.	Clubbing of income
20.	Double taxation relief
21.	Agricultural Income
22.	Returns of income and Assessment
23.	Income tax authorities and their powers
24.	Central Sales Tax Act
25.	Definitions—dealer—registration of dealer—authorities
26.	Import —export—inter State and Intra State sale
27.	Goa Sales Tax Act
28.	Definitions—dealer—registration of dealer—authorities

	BOOKS RECOMMENDED
	Singhani	: Income Tax
	Nani Palkhiwala	: Income tax
	Paras Diwan	: Income Tax
		: Bare Acts

3.	Criminal Procedure Code
1.	Definitions - Bail able and Non-Bail able offences, Cognizable and Non-Cognizable, Summons and Warrant case, etc.
2.	Constitution of criminal courts and offices
3.	Powers of court
4.	Powers of superior officers of police
5.	Aid to the magistrates and the police
6.	Arrest of persons
7.	Process to compel appearance
8.	Process to compel production of things
9.	Procedure for attachment and forfeiture
10.	Security for keeping the peace and for good behaviour.
11.	Order for maintenance of wives, children and parents.
12.	Maintenance of public order and tranquility.
13.	Preventive action of police.
14.	Information to police and their powers to investigate.
15.	Jurisdiction of criminal courts and enquiry and trial.
16.	Conditions requisite for initiation of proceedings.
17.	Complaints to magistrates.
18.	Commencement of proceedings before magistrates.
19.	The Charge.
20.	Trial before Court of Session.
21.	Trial of warrant cases and summons cases by magistrate.
22.	Summary trail.
23.	Attendance of persons confined or detained in prison.
24.	Evidence and inquires and trails
25.	General provision as to enquiry and trial.
26.	Provisions as to accused persons of unsound mind.
27.	Provisions as to affecting the administration of justice.
28.	The judgment.
29.	Submission of death sentence for confirmation.
30.	Appeals, Reference, Revision and transfer of cases
31.	Execution, Suspension, Remission and commutation of sentences.
32.	Provisions as to bail and bond.
33.	Disposal of properties.
34.	Irregular proceedings.
35.	Limitations for taking cognizance of certain offences.
36.	Miscellaneous.

	BOOKS RECOMMENDED
	R.V Kelkar	: Lectures on Criminal Procedure
	Sarkar	: Criminal Procedure
	Ratanlal and Dhirajlal	: Tthe Code of Criminal Procedure

4.	Civil Procedure Code & Limitation Act
1.	Definitions
	Decree, Order, Mesne profits, Foreign Judgment, etc.
2.	Suits in general
	Jurisdiction of courts, Res Judicata, Place of suing, Institution of Suits, Summons and discovery, Judgment and Decree, Interest, Costs.
3.	Execution(sections and 0. 21)
	Court by which a Decrees may be executed, Transferees and Legal Representative, procedure in execution, Arrest and detention, attachment, Sale, Distribution of Assets.
4.	Commissions.
5.	Suits in particular cases
	By or against Government or Public Offices, by alien and by or against Foreign Rulers or Ambassadors, Interpleader.
6.	Special proceedings
	Arbitration, Special Case, Public nuisance.
7.	Supplemental proceedings .
8.	Appeals
	From Original Decree, from Appellate Decree, from Orders, appeal to Supreme Court.
9.	Reference, Review, Revision.
10.	Special provisions relating to the High Court. .
11.	Rules.
12.	Miscellaneous -Caveat, Inherent powers etc .
13.	Party to suits.
14.	Frame of suits.
15.	Recognized agents and pleaders.
16.	Recognized agents and pleaders.
17.	Issue and service of summons.
18.	Pleadings generally.
19.	Plaint.
20.	Written statement, Set off and Counter Claim.
21.	Appearance of parties and consequence of non-appearance.
22.	Examination of parties by the court.
23.	Discovery and inspection.
24.	Admissions.
25.	ProductIon, impounding and return of documents.
26.	Settlement of issues and determination of suits on issues of law.
27.	Disposal of suits at the first hearing.
28.	Summoning and attendance of witnesses.
29.	Attendance of witnesses.
30.	Adjournments.
31.	Hearing of the suit and examination of witnesses.
32.	Affidavits.
33.	Judgment and Decree.
34.	Death, Marriage and insolvency of parties.
35.	WIthdrawal and Adjustment of suits.
36.	Payment into Court.
37.	SecurIty for costs.
38.	Commissions.
39.	Suits by or against Minors and persons of unsound mind etc.
40.	Suits by indigent persons, suits relating to mortgages of immoveable property.
41.	Interpleader Suit.
42.	Special case.
43.	Summary procedure.
44.	Arrest and attachment before judgment.
45.	Temporary Injunction and interlocutory order.
46.	Appointment of Receivers.
	Indian Limitation Act
47.	Definitions.
48.	Limitation of suits appeals and application.
49.	Computation of period of limitation.
50.	Acquisition of ownership by possession.
51.	Miscellaneous.

	BOOKS RECOMMENDED
	C.K Takawani	: Code Of Civil Procedure
	Mulla	: Code Of Civil Procedure
	M.PTondon	: Code of Civil Procedure
	J.D Jain	: Limitation Act

Sixth Semester
1.	Labour Law
	Industrial Disputes Act, 1947.
1.	Define concept and scope of industrial dispute.
2.	Concept of industrial dispute, ambit and basic conditions.
3.	Concept of Workmen, Employer, and Wages under the Industrial Disputes Act.
4.	Various authorities under the Act, scope of their powers, functions and dispute settlement procedures.
5.	Define appropriate government, reference mechanism and powers of appropriate government.
6.	Retrenchment, meaning, concept, implications and procedures.
7.	Layoff, meaning, concept, implications and procedures.
8.	StrIke and lockout - definition and effectively.
9.	Collective Bargaining, techniques and procedures.
10.	Unfair labour practice and its obligations.
11.	Protection to striking workman under the Act.
12.	Domestic inquiry, various subjects and procedures.
13.	Workman compensation Act — definition, meaning of dependents, kinds of disabilities of workmen and wages.
14.	EligibilIty to claim compensation, condition precedent, scope of application of law, extension of the course of employment.
15.	Occupational disease, class, department and extent of disablement.
16.	Authorities under the Act, their powers, function and procedures.
17.	Procedure for seeking relief under the Act.
	Industrial Disputes (Standing Orders) Act, 1946.
1.	Procedure for certificate of standing orders.
2.	Matters that should be contained in the standing orders.
3.	Certifying officer and his powers.
	Trade Union Act, 1926.
1.	The concept of trade unionism and the need for legislation.
2.	Procedure for registration of a trade union.
3.	Matters to be provided in the bylaws of a registered trade union.
4.	The purpose for which general funds of Trade Union could be spent.
5.	The idea of political fund, purpose and manner of collection and its use.
6.	Immunities available to a trade union.
7.	Procedure for amalgamation of a trade union.
	Minimum Wages Act, 1948.
1.	Historical basis of minimum wages Act.
2.	Definition of employer and employee.
3.	Definition of wages, distinguish it with ID Act, WC Act, Payment of Wages Act.
4.	Various concepts of wages.
5.	Procedure for fixing and revising of minimum wages.
	Payment of Wages Act, 1936.
1.	Definition of wages and concept of wages.
2.	Responsibility for payment of wages, fixation, time and manner of payment.
3.	Deductions allowed under the Act, the Idea and the conditions.
4.	Specific deductions and the manner and extent.
5.	Fine as deduction, procedure for its imposition and levy.
6.	Deduction for absence and damage to property: imposition and levy
7.	Power of the inspector and facilities to be afforded to the inspector.
	Workmen’s Compensation Act, 1923.
1.	Meaning of dependant for the purpose of Workmen’s Compensation Act.
2.	Meaning and implications of disability, partial disablement and total disablement.
3.	Meaning of workmen and wages for the purpose of Workmen’s Compensation Act.
4.	Meaning of accident and personal Injury and cases relating there unto.
5.	The extent and importance of the concept “Arising out of and in the course of employment”.
6.	Doctrine of notional extension of course of employment and employers premises.
7.	Doctrine of added peril and the consequences there of for injured workmen.
8.	Conditions necessary to enable the workmen to claim compensation under the Act.
9.	The scheme and rate of compensation u/s 4; calculation of wages for the purpose of compensation.
10.	The concept and classification of occupational disease and the determination of the extent of disablement.
11.	The scheme of distribution of compensation, procedure for claiming compensation uls 8,9,10 and 12.
12.	Appointment and qualifications of commissioner under WC Act: procedure and other requirements thereof.
13.	Powers and functions of Commissioner under the WC Act.
14.	Rights of appearance before the Commissioner, procedure for recording of evidence and registration of contracts.
15.	Provision for appeal against the order of the commissioner, competent appellate authority and procedure thereof.

	BOOKS RECOMMENDED
	Mishra S.N	: Labour Law
	Mallik	: Industrial Law
	Srivastava S.C.	: Labour Law and Industrial Relations
	MalhotraO.P.	: Industrial Disputes Act

2.	Land Laws
1.	The Goa Agricultural Tenancy Act, 1964
2.	The Goa Daman & Diu Buildings (Lease, rent, eviction) Control Act, 1968
3.	Land Revenue Code, 1968
4.	The Mundkar (Protection from Eviction) act 1975
5.	Mamlatdar’s Court Act, 1966

	BOOKS RECOMMENDED
	Bare acts
	Goa Law Times
	Interpretation of Statutes

1.	Basic Principles:
	Meaning of interpretation, construction, Intention of legislature.
2.	General Principles of Interpretations:
3.	Internal Aids to Construction
4.	External Aids to Construction
	Literal interpretation, golden rule, the mischief rule, construction re magis valeat quam pareat, regard to consequences, statute to read as a whole.
5.	Other Principles of Construction:
	Treatment of general words, beneficial construction, construction in Bona Partem, restrictive construction, harmonious construction, construction in pan materia, construction to prevent evasion or abuse, equitable construction.
6.	Imperative And Directive Statutes
7.	Codifying And Consolidating Statutes
8.	Presumptions:
	a. Presumption against ousting established jurisdiction
	b. Presumption against exceeding territorial nexus
	c. Presumption against ouster of jurisdiction of courts.
	d. Presumption against changes in common law.
	e. Presumption against including what is inconvenient or unreasonable.
	f. Presumption against intending injustice or absurdity.
	g. Presumption against retrospective operation of Law
	h. Presumption against violation of international law
	i. Presumption on favour of constitutionality of a statute.
9.	Maxims And Principles:
	a. Casus omissus
	b. Contemporanea expositio
	c. Nosutura a sociis
	d. Rule of ejusdem generis
	e. Ut res magis valeat quam pareat
	f. Gerralia specialibus non derogant
	g. Ex visceribus actus
	h. Acts in pan material rodendo singula singulis
	i. Expressio unius est exclusio alterius.
10.	General Clauses Act:
	a. DefInItions Sec. 3
	b. Commencement of Acts
	c. Repeal
	d. Commencement and Termination of time
	e. Computation of time
	f. Measurement of distances
	g. Duty to be done on pro-rata
	h. Gender & number
	i. Powers conferred
	j. Power to appoint

	BOOKS RECOMMENDED
	G.P.Singh	: Interpretation of Statutes
	Maxwell	: Interpretation of Statutes
	Avtar Singh	: Interpretation of Statutes
	Bare Act	: General Clauses Act

3.	Intellectual property law (Optional)
	Chapter—I
1.	Concept of property vis-à-vis Intellectual property
2.	Nature of property
3.	Development of Intellectual property
4.	Role of WTO
	Chapter—Il
	PATENTS
1.	Introduction, how to obtain patent, specification, opposition to grant of patent.
2.	Registrar of patents and patent office
3.	Rights and obligations of patents
4.	Transfer of patent rights
5.	Compulsory licenses, licenses of right and revocation for non working
6.	Government use of inventions
7.	Revocation and surrender of patents
8.	Infringement of patents
9.	Threat of infringement proceedings
10.	Offences and penalties and miscellaneous matters
	Chapter—Ill
	TRADEMARKS
1.	Introduction
2.	Trade marks registry and register of trademarks
3.	Property in trademark and registration of trademark
4.	Deceptive similarity
5.	Assignment and transmission
6.	Licensing of trademark and registered users
7.	Rectification of register
8.	Infringement, threat and trade libel
9.	Good will, passing off
10.	Offences and penalties
11.	Miscellaneous matters
	Chapter—IV
	COPYRIGHT
1.	Introduction
2.	Nature of copyright
3.	Subject matter of copyrights
4.	Term of copyrights
5.	Author and ownership of copyright
6.	Rights conferred by copyright
7.	Assignment, transmission and relinquishment of copyrights
8.	Licenses
9.	Publication and public
10.	Infringement of copyrights
11.	Remedies against infringement of copyrights
12.	International copyrights
13.	Copyright office, copyright board, registration of copyrights and appeals
14.	Confidential information, breach of confidence and know how

	BOOKS RECOMMENDED
	Narayanan. P	: Intellectual property law
	Wadhera	: Intellectual property law
	Cornish	: Intellectual property law
	GB Reddy	: Intellectual Property rights and law

4.	Criminology (optional)
1.	Introduction:
	Definition of criminology, Is it a science relation with Criminal law and Evidence, Definition of Penology and its importance.
2.	Schools of criminology:
	Kinds of schools and exponents of various schools.
3.	Theories of Criminology:
	Kinds of theories, Causes of crime.
4.	Organized crimes
5.	White collar crimes
6.	Sexual offences
7.	Theories and kinds of punishments
8.	Capital Punishment and Role of Judiciary
9.	Police system
10.	Prison Administration
11.	Parole & Probation
12.	Juvenile Delinquency and Correctional Home
13.	Crime Prevention.

	BOOKS RECOMMENDED
	Paranjape N.V	: Criminology and Penology
	Ahamad Siddiqui	: Criminology and Penology
	Sethna	: Society and Criminology
	Goswamy	: Critical Studies of Criminology