KLE 2021 BBA LLB Syllabus for V Year
KLE BBA LLB 2012
Syllabus Details
KLE BBA LLB Syllabus
2012 :
Semester IX :
Course I : Civil
Procedure Code and Limitation Act :
Unit I : Civil Procedure Code Introduction; Distinction
between procedural law and substantive law – History of the code, extent and
its application, definition; Suits : Jurisdiction of the civil courts – Kinds
of jurisdiction – Bar on suits – Suits of civil nature ( Sec.9 ); Doctrine of
Res sub judice and Res judicata ( Sec. 10, 11 and 12 ); Foreign Judgment ( Sec.
13, 14 ); Place of Suits ( Ss. 15 to 20 ); Transfer of Cases ( Ss. 22 to 25 ).
Unit II : Institution of suits and summons : ( Sec. 26,
0.4 and Sec. 27, 28, 31 and O.5 ); Interest and Costs ( Sec. 34, 35, 35A, B );
Pleading : Fundamental rules of pleadings – Plaint and Written Statement –
Return and rejection of plaint – Defences – Set off – Counter claim; Parties to
the suit ( O. 1 ) : Joinder, misjoinder and non – joinder of parties –
Misjoinder of causes of action – Multifariousness.
Unit III : Appearance and examination of parties ( O.9,
O.18 ) – Discovery, inspection and production of documents ( O.11 & O.13 )
– First hearing and framing of issues ( O.10 and O.14 ) – Admission and
affidavit ( O.12 and O.19 ) – Adjournment ( O.17 ) – Death, marriage –
Insolvency of the parties ( O.22 ) – Withdrawal and compromise of suits ( O.23
) – Judgment and Decree ( O.20 ); Execution ( Sec. 30 to 74, O.21 ) : General
principal of execution – Power of executing court – Transfer of decrees for
execution – Mode of execution – A ) Arrest and detention, B ) Attachment, C )
Sale.
Unit IV : Suits in particular cases; Suits by or against
Governments ( Sec. 79 to 82, O.27 ); Suits by aliens and by or against foreign
rulers, ambassadors ( Sec. 85 to 87 ); Suits relating to public matters ( Sec.
91 to 93 ); Suits by or against firms ( O.30 ); Suits by or against minors and
unsound persons ( O.32 ); Suits by indigent persons ( O.33 ); Inter – pleader
suits ( Sec. 88, O.35 ); Interim Orders; Commissions ( Sec. 75, O.26 ); Arrest
before judgment and attachments before judgment ( O.38 ); Temporary injunctions
( O.39 ); Appointment of receivers ( O.40 ); Appeals ( Ss. 90 to 109, O.41, 42,
43, 45 ); Reference – Review and Revision ( Ss. 113, 114, 115, O.46, O.46 );
Caveat ( Sec. 144.A ) – Inherent powers of the court ( Ss. 148, 149, 151 ).
Unit V : Limitation Act.
Course II : Optional II
: Intellectual Property Rights I :
Unit I : Introductory Aspects : Overview of the concept
of property; Industrial property and non – industrial property; Historical
background of IPR; Importance of human creativity in present scenario;
Different forms of IP and its conceptual analysis. Patents : Introduction and
overview of patent protection; History of Patent protections; What is patent
and definition of patent; Object of patent; Scope and salient features of
patent; How to obtain patent; Product patent and Process patent; Specification
– Provisional and complete specification; Procedure for patent applications;
Register of patents and
Patent Office; Rights and obligations of patentee; Transfer of Patent Rights;
Government use of inventions; Biotech patents and patentability of life forms;
Infringement of Patents; Offences and Penalties.
Unit II : Trade Marks : Introduction and overview of trade
mark; Evolution of trade mark law; Object of trade mark; Features of good trade
mark; Different forms of trade mark; Trade mark registry and register of
trademarks; Property in a trade mark; Registrable and non – registrable marks;
Basic principles of registration of trade mark; Deceptive similarity;
Assignment and transmission; Rectification of register; Infringement of trade
mark; Passing off; Domain name protection and
registration; Offences and penalties.
Unit III : Introduction and overview of Cyber Intellectual
Property; Intellectual property and cyberspace; Emergence of cyber crime ;
Grant in software patent and Copyright in software; Software piracy; Trademarks
issues related to Internet ( Domain name ); Data protection in cyberspace; E
– commerce and E – contract; Salient features of Information
Technology Act; IPR provisions in IT Act; Internet policy of Government of
India.
Unit IV : Geographical Indications : Introduction and
overview of geographical indications; Meaning and scope of geographical
indications; Important geographical indications of India and their features;
Salient features of the Protection of
Geographical Indications Act; Protection of geographical indications;
Misleading use of geographical indications; Registration of geographical
indications; Right to use geographical indications; Infringement; Remedies
against infringement; Role and functions of Registrar of Geographical
indication; Conflict between Trade mark and geographical indications.
Unit V : International Convention and Treaties : Paris
Convention : Background; Salient features of Paris Convention; Governing rules
of Paris Convention; Patent Cooperation Treaty : Background; Objectives of PCT;
Salient features of PCT; Madrid Convention : Salient features; International
registration of marks; World Intellectual Property Organisation : Background;
Salient features WIPO; Organisation of WIPO.
Course II : Optional III
: Penology & Victimology :
Unit I : Introduction : Notion of punishment in law;
Difference between crime prevention and control; Theories of punishments.
Unit II : Kinds of punishment; Sentencing policies and
processes; the riddle of capital punishment.
Unit III : Prison reforms; Alternatives to imprisonment;
Victimology – Introduction, history and philosophy.
Unit IV : Victimology – European experience; American
experience; Victim witness assistance programmes; Restitution.
Unit V : Victimology – Indian experience; Legal
framework; Role of Courts; Role of NHRC.
Course III : Optional IV
: Interpretation of Statutes and Principles of Legislation :
Unit I : Basic Principles; Guiding rules; Internal aids
to construction.
Unit II : External aids to construction.
Unit III : Subsidiary rules; Operation of statutes; Expiry
and repeal of statutes.
Unit IV : Statutes affecting the state; Statutes affecting
the jurisdiction of courts. Construction of taxing statutes and evasion of
statutes; Remedial and penal statutes.
Unit V : Principles of Legislation.
Course III : Optional Iv
: Competition Law :
Unit I : Constitutional provisions regulating trade;
Salient features of MRTP Act, 1986; Salient features of Consumer Protection
Act, 1986.
Unit II : Sherman Antitrust Act, 1890; Relevant provisions
of Clayton Act, 1914; Relevant provisions of the Federal Trade Commission Act;
Salient features of U.K. Competition Act, 1998.
Unit III : The Competition Act, 2002; Preliminary;
Prohibition of certain agreements, abuse of dominant position and regulation of
combinations.
Unit IV : Competition Commission of India; Duties, powers
and functions.
Unit V : Duties of Director general; Penalties;
Competition advocacy; Important judgments of the Supreme Court.
Course IV : Clinical III
: Drafting, Pleading and Conveyance :
1. General principles of
drafting and relevant substantive rules.
2. Pleadings – Civil :
plaint, written statement, interlocutory application, original petition,
affidavit, execution petition, memorandum of appeal and revision, petition
under Art.226 and Art.32 of the Constitution of India.
3. Pleadings – Criminal
: complaint, criminal miscellaneous petition, bail application,
memorandum of appeal and revision.
4. Conveyance : sale
deed, mortgage deed, lease deed, gift deed, promissory note, power of attorney,
will, trust deed, partition deed, etc.
5. Drafting of writ
petition and Public Interest Litigation petition.
Semester X :
Course I : Law of
Evidence :
Unit I : Introduction : Distinction between substantive
and procedural law – Conceptions of evidence in classical Hindu and Islamic
Jurisprudence – Evidence in customary law systems ( Non – state law ) –
Introduction to the British ‘Principles of Evidence’ – Legislations dealing
with evidence ( other than Indian Evidence Act ) with special reference to CPC,
Cr.P.C., Bankers Book Evidence Act, Commercial Document Evidence Act, Fiscal
and revenue Laws – Salient features of the Indian Evidence Act, 1861,
Applicability of the Indian Evidence Act. Central Conceptions in Law of
Evidence – Facts – Facts in issue and relevant facts – Evidence –
Circumstantial and direct evidence – Presumptions, proved, disproved, not
proved – Witness – Appreciation of evidence. Relevancy of Facts – Facts
connected with facts in issue – Doctrine of Res gestae; Sections 6, 7, 8 and 9
of Evidence Act – Evidence of Common Intention – Section10, Relevancy or
otherwise irrelevant facts – Facts to prove right or custom ( Section13 ) –
Facts concerning state of mind / state of body or bodily feelings ( Sections 14
and 15 ) – Relevancy and admissibility of admissions, privileged admissions –
evidentiary value of admissions ( Sections 17 to 23 ).
Unit II : Relevancy and admissibility of confessions –
Admissibility of information received from an accused person in custody –
Confession of co – accused ( Sections 24 to 30 ) – Admitted facts need not be
proved ( Section 58 ); Dying declaration – Justification for relevance –
Judicial standards for appreciation of evidentiary value – Section 32 ( 1 )
with reference to English Law – Other statements by persons who cannot be
called as witnesses – ( Sections 32( 2 ) to ( 8 ), 33 ) – Statement under
special, circumstances ( Sections 34 to 39 ); Relevance of judgments – General
principles – Fraud and collusion ( Sections 40 to Sec. 44 ); Expert testimony :
General principles ( Sections 45 – 50 ) – Who is an expert – Types of expert
evidence – Problems of judicial defence to expert testimony.
Unit III : Character evidence – Meaning – Evidence in Civil
Criminal cases; English Law ( Sectionzs 52 – 55 ) – Oral and documentary
Evidence – Introduction on Proof of facts – General principles concerning oral;
Evidence ( Sections 59 – 60 ) – General principles concerning documentary;
Evidence ( Sections 61 – 90 ) – General principles regarding exclusion by
evidence ( Sections 91 – 100 ).
Unit IV : Burden of Proof – The general conception of onus
probandi ( Section 101 ) – General and special exception to onus probandi (
Sections102 – 106 ) – The justification of presumption and burden of proof (
Sections 107 to 114 ) with special reference to presumption to legitimacy of
child and presumption as to dowry death – Doctrine of judicial notice and
presumptions. Estoppel : Scope of Estoppel – Introduction as to its rationale (
Section 115 ) – Estoppel distinguished from Res judicata – Waiver and
Presumption – Kinds of Estoppel – Equitable and Promissory Estoppel – Tenancy
Estoppel ( Section 116 ).
Unit V : Witness, Examination and Cross Examination :
Competence to testify ( Sections 118 to 120 ) – Privileged communications (
Sections 121 to 128 ) – General principles of examination and cross examination
( Sections 135 to 166 ) – Leading questions ( Sections 141 – 145 ) – Approver’s
testimony ( Section 133 ) – Hostile witnesses ( Section 154 ) – Compulsion to
answer questions ( Sections 147, 153 ) – Questions of corroboration( Sections
156 – 157 ) – Improper admission of evidence.
Course II : Taxation :
Unit I : Concept of Tax – Nature and characteristics of
taxes – Distinction between tax and fee, tax and cess – Direct and Indirect
taxes – Tax evasion and tax avoidance – Scope of taxing powers of Parliament,
State Legislatures and Local bodies. The Income Tax Act : Basis of taxation of
Income – Incomes exempted from tax – Income from salaries – Income from house
property – Income from business or profession and vocation – Income from other
sources – Taxation of individuals, HUF, firms, association of persons, Co –
operative Societies and Non – Residents.
Unit II : Income Tax Authorities – Their appointment –
Jurisdiction – Powers and functions – Provisions relating to collection and
recovery of tax – Refund of tax, appeal and revision provisions, offences and
penalties.Wealth Tax : Charge of Wealth tax, assets, deemed assets, and assets
exempted from tax – Wealth tax Authorities – Offences and penalties.
Unit III : Central Excise Laws : Nature, scope and basis of
levy of Central Excise duty – Meaning of goods – Manufacture and manufacturer –
Classification and valuation of goods – Duty payment and exemption provisions –
Provisions and procedure dealing with registration and clearance of goods – An
overview of set – off of duty scheme.
Unit IV : Customs Laws : Legislative background of the
levy – Appointment of Customs officers – Ports – warehouses – Nature and
restrictions on exports and imports – Levy, exemption and collection of customs
duties, and overview of law and procedure – Clearance of goods from the port,
including baggage – Goods imported or exported by post, and stores and goods in
transit – Duty drawback provisions.
Unit V : Central Sales Tax Laws : Evolution and scope of
levy of Central Sales tax – Inter – State sale outside a State and sale in the
course of import and export – Basic principles – Registration of dealers and
determination of taxable turnover; Service Tax – Main features of Service Tax;
VAT – Introduction to Value Added Tax.
Course III : Optional V
: Intellectual Property Rights II :
Unit I : Indian Copyright Law : Introduction and overview
of copyright : History of the concept of copyright and related rights; Nature
of copyright : Salient features of Copyright Act; Subject matter of copyright;
Literary work; Dramatic work; Musical works; Artistic works; Cinematographic
films; Sound recordings; Term of copyright; Computer software and copyright
protection; Author and ownership of copyright; Rights conferred by copyright;
Assignment, transmission and relinquishment of copyright; Infringement of
copyright; Remedies against infringement of copyright.
Unit II : Biological Diversity Law : Introduction and
overview of Biological Diversity; Meaning and scope of Biological Diversity;
Biological resources and traditional knowledge; Salient features of Biological
Diversity Act; Biological Diversity concerns and issues; Bio piracy; Regulation
of access to Biological Diversity; National Biodiversity Authority; Functions
and powers of Biodiversity Authority; State Biodiversity Board; Biodiversity
Management Committee and its functions.
Unit III : Protection of Plant Varieties and Farmers Rights
Law : Legal concepts relating to the protection of plant varieties rights;
Legal concepts relating to the protection of plant breeders rights; IPR in new
plant varieties; Policy and objectives of protection of plant varieties and
farmers rights act; Plant varieties and Farmers rights protection authority;
National register of plant varieties; Procedure for registration; Rights and
privileges; Benefit sharing; Compensation to communities; Compulsory licence;
Relief against infringement; National Gene Fund.
Unit IV : Designs Law : Introduction and overview of
Designs Law; Salient features of Designs Law; Procedure for registration;
Rights conferred by registration; Copyright in registered designs; Infringement
; Powers and duties and Controller; Distinction between design, trade mark,
copyright & patent.
Unit V : Women and Employment : Factories Act –
Provisions relating to women; Maternity Benefit Act; Equal Remuneration Act;
Law Relating to Sexual Harassment at Working Place; N.C.W – Aims, Functions and
Performance.
Course IV : Optional VI
: Law Relating to International Trade :
Unit I : Historical perspectives of International Trade,
Institutions – UNCTAD, UNCITRAL, GATT ( 1947 – 1994 ); World Trade Organization
– Objectives, Structure, Power; Most Favored Nation Treatment and National
Treatment; Tariffs and Safeguard measures.
Unit II : Technical Barriers to Trade; Sanitary and Phyto
– sanitary measures; Trade Related Investment Measures( TRIMs ); Anti –
Dumping, Subsidies and Countervailing Measures; Dispute Settlement Process.
Unit III : International Sales of Goods Formation and
Performance of International Contracts, Various Forms and Standardization of
Terms; Acceptance and Rejection of Goods, Frustration of Contract, Invoices and
packing, Product liability.
Unit IV : Exports – Insurance of Goods in Transit; Marine
Insurance and kinds; Law on Carriage of goods by sea, land and air, Container
transport, Pre – Shipment Inspection; Licensing of Export and Imports.
Unit V : Laws Governing Finance and Investments; Foreign
Collaboration and Investment Policy; Foreign Direct Investment in Industries
and Governing Policies; Foreign Institutional Investors ( FIIs ) : Investment
by Non – resident Indians ( NRIs ) and Overseas Corporate Bodies ( OCBs );
Foreign Collaboration Agreement – Foreign Technology Agreement; Foreign
Companies and Foreign Nationals in India.
Course V : Clinical
Course IV : Moot Court Exercise and Internship :
Moot Court ( 30 marks )
:
1. Each student shall participate
in at least 3 moot courts. Each Moot court exercise shall carry 10 marks, which
shall be divided as under : – for oral advocacy : 5 marks, and – Written
submission : 5 marks.
2. The student shall
make written submission on behalf of the party for whom he makes oral advocacy
as assigned by the course teacher.
3. The written
submissions for the three moot courts shall be neatly written on one side of
the bond size papers and bound together with a certificate signed by the course
teacher and the principal to the effect that it is the bonafide work of the
concerned student.
4. The cover shall
indicate the name of the examination, subject, seat number and the center code
number.
Observation of Trial (
30 marks ) :
1. Each student shall
attend trial in two cases one civil and one criminal in the course of last to
or three years.
2. The student shall
maintain a record and enter the various steps observed during their attendance
on different days in the court.
3. The record shall be
neatly written on one side of the bond size paper and bound. It will carry a
certificate by the course teacher and principal to the effect that it is the
bonafide work of the concerned student.
4. The record shall be
valued for 30 marks.
5. The cover page shall
indicate the name of the examination, subject, seat number and the center code
number.