KLE 2021 LLB Syllabus for I Year

Syllabus for KLE LLB 2012

KLE LLB Syllabus 2012 :  

Semester I :

Course I : General Principles of Contracts :

Unit – I :  History â€“ Formation of Contract – Agreement and Contract – Definitions – Classification – Offer and Acceptance – Communication – Revocation – Essential elements – Invitation to Offer – Tenders. Consideration – Nudum Pactum – Essential elements – Privity of Contract and of Consideration – Exceptions – Unlawful Consideration and its effect. Contractual Ability – Electronic Documents as Web Pages – Digital Certificates as Entry Passes – Time and Place of Contract – Secured Custody of Electronic Records.

Unit – II :  Capacity to Contract – Minor’s Agreements and its effects – Persons of unsound mind – Persons disqualified by Law. Free Consent – Coercion   – Undue influence – Misrepresentation – Fraud – Mistake – Legality of Object – Void Agreements – Agreements against Public Policy –  Wagering Agreements – Its exceptions – Contingent Contracts.

Unit – III :  Discharge of Contracts and its various Modes – by performance – Time and place of  performance – Performance of reciprocal promises – Appropriation of Payments – Discharge by Agreement – By operation of Law – By frustration ( Impossibility of Performance ) – By Breach ( Anticipatory and Actual ).

Unit – IV :  Remedies for Breach of Contracts – Damages – Remoteness of damages – Ascertainment of damages – Injunction – When granted and when refused– Restitution – Specific performance when granted – Quasi Contracts.

Unit – V : The Specific Relief Act :  Nature of Specific Relief – Recovery of Possession of movable and immovable Property – Specific performance when granted and not granted – Who may obtain and against whom – Discretionary remedy – Power of Court to grant relief – Rectification of instruments – Cancellation – Declaratory decrees – Preventive relief – Temporary injunctions – Perpetual and Mandatory Injunctions.

Government as a contracting party : Constitutional provisions – Government powers to contract – Procedural requirements – Kinds of Government Contracts, their usual clauses, performance of such contract, settlement of disputes and remedies.

Course II : Constitution :

Unit – I :  Salient Features of the Indian Constitution, Preamble, Citizenship, Fundamental Rights.

Unit II :  Directive Principles of State Policy, Fundamental Duties, Parliamentary Government, Bicameralism, Legislative Process, Privileges, Council of Ministers, President of India, Governor.

Unit III :  Judicial process under the Constitution, Nature of Judicial Review, Judicial Review – Arts.32, 226 and 227, Court system in India, Judges – Appointments, conditions of service, etc., Advisory Jurisdiction of the Supreme Court, Public Interest Litigation, Activism v. Restraint.

Unit IV :   Federalism, Center – State Relations, Freedom of Inter State Trade, Methods of Constitutional Amendment, Limitation on Constitutional Amendment.

Unit V :  Emergency provisions, Services under the State, State Liability.

Course III : Law of Torts :

Unit – I :  Evolution of law of torts – Nature and scope of law of torts – Meaning – Torts distinguished from Contract – Crime Development of  Ubi jus ibi Remedium – Mental elements Intention, Motive, Malice in Law and in Fact.

Unit II :  General Defences, Vicarious Liability.

Unit III :  Negligence; Nuisance; Absolute and Strict liability. Legal Remedies – Awards â€“ Remoteness of damage.

Unit IV :  Torts against person : Torts affecting body – Assault, Battery, Mayhem and False Imprisonment; Torts affecting reputation Libel and Slander, Torts affecting freedom – Malicious Prosecution, Malicious Civil Action and Abuse of Legal Process; Torts affecting domestic and other rights – Marital Rights, Parental Rights, Rights to Service, Contractual Rights, Intimidation and Conspiracy; Torts against property.

Unit V :  Consumer Protection Act, 1986.

Course IV : Family Law – I : Hindu Law :

Unit I :  Introduction – Concept of Dharma – Sources of Hindu Law – Modern and Ancient –   Importance of Dharma Shastra on Legislation – Two Principal Schools of Hindu Law – Application of Hindu Law.

Unit – II :  Marriage and Kinship – Evolution of the Institution of Marriage and Family – Law Prior to Hindu Marriage Act – A detailed study of Hindu Marriage Act, 1955 – Matrimonial Remedies – Maintenance and Alimony; Customary Practices and legislative provisions relating to dowry prohibition.

Unit – III :  Hindu undivided family – Mitakshara Joint Family – Formation and Incidents – Property under both Schools – Kartha :   His Position, Powers, Privileges and Obligations – Debts – Doctrine of Pious Obligation – Partition and Reunion –Religious and Charitable Endowment.

Unit – IV :  Inheritance and Succession – Historical perspective of traditional Hindu Law relating to Inheritance – A detailed study of Hindu Succession Act, 1956. Stridhana – Woman’s Property – Recent State and Central Amendments to Hindu Succession Act; Gifts and Testamentary Succession – Wills.

Unit – V :  Law relating to Hindu Minority and Guardianship : Kinds of Guardians; Duties & Powers of Guardians; A detailed study of Hindu Adoption and Maintenance Act, 1956; Maintenance : Traditional Rights and Rights under Hindu Adoption & Maintenance Act 1956.

Course V : Criminal Law – I : Indian Penal Code :

Unit I :  General Principles of Crime; Conceptions of Crime; Distinction between Crime and other wrongs under common Law – Crime and morality distinction – Circumstances when morality amounts to crime – State’s responsibility to detect, control and punish crime.

Principles of criminal liability – Actus reus and mens rea ( also statutory offences ) and other maxims; Variations in liability – Mistake, intoxication, compulsion, legally abnormal persons; Possible parties to the crime : Principal in the I degree; Principal in the II degree; Accessories before the fact; Accessories after the fact.

Indian Penal Code : General Explanation, Sections 6 – 33 and 39 – 52A; Punishment, Sections 53 – 75 – social relevance of Capital Punishment – Alternatives to Capital Punishment – Discretion in awarding punishment and minimum punishment in respect of certain offences with relevance to precedents ( judgments ).

Unit II :  General Exceptions : Sections 76 – 106; Criminal act by several persons or group : Sections 34 – 38; Abetment : Sections 107 – 120; Criminal Conspiracy : Sections 120A & 120B; Offences against State : Sections 121 – 130; Offences against the public tranquility : Sections 141 – 160; Offences relating to election : Sections 171A – 171; Contempt of lawful authority and public servants : Sections 172 – 190; False evidence and offences against public trust : Sections 172 – 229; Offences relating to coins and Government Stamps : Sections 230 – 263A; Offences relating to weights and measures : Sections 260 – 294A; Offences relating to religion : Section 295 – 298.

Unit III :  Offences affecting human life, causing miscarriage, injuries to unborn children – Exposure of infants, concealment of birth – Hurt, Grievous Hurt – Wrongful restraint – Wrong confinement – Criminal force and Assault ( Sections 299 – 358 ).

Unit IV :  Kidnapping, Abduction – Slavery and forced labour – Rape : custodial rape, marital rape – Prevention of immoral traffic – Prevention of sati – Prohibition of indecent representation of women – Unnatural offences, theft, robbery and dacoity – Criminal Misappropriation of property – Criminal breach of trust – Receiving of stolen property –Cheating – Fraudulent deeds and disposition of property ( Sections 378 – 424 ).

Unit V :  Mischief ( Sections 425 – 440 ) – Criminal Trespass ( Sections 441 – 462 ) – Offences relating to document and property marks ( Sections 463 – 480 ) – Offences relating to marriage ( Sections 493 – 498 A ) – Defamation ( Sections 499 – 502 ); Criminal intimidation and annoyance and attempt to commit such offences ( Sections 506 – 511 ).

 Semester II :

Course I : Contract II : 

Unit I :  Contract of Indemnity – Documents / Agreements of Indemnity – Definition,  Nature and Scope – Rights of indemnity holder – Commencement of the indemnifier’s liability – Contract of Guarantee – Definition, Nature and Scope – Difference between contract of indemnity and Guarantee – Rights of surety – Discharge of Surety – Extent of Surety’s liability – Co – surety. Contract of Bailment – Definition – Kinds – Duties of Bailer and Bailee – Rights  of Finder of goods as Bailee – Liability towards true owner – Rights to dispose off the goods. Contract of pledge – Definition – Comparison with Bailment – Rights and duties of Pawnor and Pawnee.

Unit II :  Agency – Definition – Creation of Agency – Kinds of Agents – Distinction between Agent and Servant – Rights and Duties of Agent – Relation of Principal with third parties – Delegation – Duties and Rights of Agent – Extent of Agents authority – Personal liability of Agent – Termination of Agency.

Unit III :  Indian Partnership Act – Definition – Nature, Mode of determining the existence of Partnership – Relation of Partner to one another – Rights and duties of partner – Relation of partners with third parties – Types of partners – Admission of partners – Retirement – Expulsion – Dissolution of Firm – Registration of Firms.

Unit IV :  Sale of Goods Act – The Contract of sale – Conditions and Warranties – Passing of property – Transfer of title – Performance of the Contract – Rights of Unpaid Seller against goods – Remedies for Breach of Contract.

Unit V : Hire Purchase Act 1972 – Rights and Obligation of the Hirer and Owner, Form and contents of Hire Purchase Agreements, Warranties and Conditions – Standard Form of Contracts : Nature, Advantages – Unilateral Character, Principles of Protection against the possibility of exploitation – Judicial Approach to such Contracts – Exemption Clauses – Clash between two standard forms of contracts.

Course II : Company Law :

Unit I :  The Companies Act, 1956 – Corporate Personality and its kinds – Promoters – Registration and Incorporation–M O A.

Unit II :  AOA – Prospectus – Directors – Meetings – Role of Company â€“ Dividends; Brief analysis of corporate ethics.

Unit III :  Issue of Shares – Types of Shares – Debentures – Procedure for allotment of shares and debentures – share capital – Rights and privileges of shareholders – Preventions of Oppression and Mismanagement – Different modes of winding up of companies.

Unit IV :  SEBI Act, 1992; Securities Contracts ( Regulation ) Act, 1956 and Rules.

Unit V :  FEMA Act, 1999; Competition Act, 2002; Brief introduction to BPO & LPO.

Course III : Property Law :

Unit I :  General principles of Transfer of Property by Act of parties intervivos – Concept and meaning of immovable property Transferable Immovable Property – Persons Competent to transfer – Operation of Transfer – Conditions restraining alienation and restrictions repugnant to the interest create drule against perpetuity and exceptions – Direction for accumulation – Vested and Contingent interest.

Unit II :  Doctrine of election – transfer by ostensible and co – owner Apportionment – Priority of rights – Rent paid to holder under defective title – Improvements made by bonafide holder Doctrine of Lis pendens – Fraudulent transfer and part performance.

Unit III : Mortgages of Immovable property : Definition – Kinds of mortgages and their features – Rights and liabilities of mortgagor and mortgagee – Priority of securities – Marshalling and contribution – Charges.

Unit IV :  Sale of immovable property : Rights and liabilities of seller and buyer before and after completion of sale – Difference between sale and contract for sale; Leases of immovable property : Definition – Scope – creation of lease – rights and liabilities of lessor and lessee – Determination and holding over; Exchange : Definition and mode – Actionable Claims; Gifts : Scope – meaning mode of transfer – universal gifts – onerous gifts.

Unit V :  Law of Trusts with Fiduciary Relations : Definitions of Trust and its comparison with other relationships like Debt, Ownership, Bailment, Agency and Contract; Kinds of Trusts – Creation of Trust – Appointment of Trustees – Duties and Liabilities of Trustees – Rights and Powers of Trustees – Disabilities of Trustee Rights and Liabilities of the Beneficiary – Vacating the office of
trustee and Extinction of Trusts.

Course IV : Administrative Law :

Unit I :  Evolution- Nature and Scope of Administrative Law- Relation with Constitutional Law- Separation of powers and concepts Rule of law- Counsil d’ Etate, (French system) -Classification of Administration Action- functions- Administrative direction and
discretion.

Unit II :  Legislative power of the administration- Extent of delegation and control over delegated Legislation- Sub-delegation Judicial- Parliamentary control over delegated Legislation.

Unit III :  Judicial power of Administration- Nature of procedure Principles of Natural justice- Effect of non-compliance with principles of Natural Justice- Exception to principles of Natural Justice.

Unit IV :  Judicial control of Administrative action – Writs, Principles and Procedure – Public Law Review and Private Law Review of Administration action- Liability of State – Torts, Contract Promissory Estoppel-Government Privileges Right of information- Doctrine of Legitimate expectation- Doctrine of Accountability Waiver- Doctrine of Proportionality.

Unit V :  Corporations and Public undertaking- Commission of Enquiry- Ombudsman in India (Lokpal and Lokayuktha) – Central Vigilance Commission Parliamentary Committees Civil services in India Accountability and responsibility- Problems and Prospectives- Administrative deviance- Corruption- Maladministration- Control mechanism of Accountability.

Course V : Family Law – II : Mohammedan Law and Indian Law Succession Act :

Unit I :  Development of Islamic Law: Advent of Islam & development of Muslim Law, Schools of Islamic Law, the Shariat Act, 1937; Concept of Marriage: Definition, object, nature, essential requirements of a Muslim marriage, classification of marriage – Legal effects of valid, void and irregular marriage – Muta marriage; Sources of Islamic law; Customary practices and State regulation: Polygamy; Child marriage; Pre-emption; Wakf; Dower.

Unit II :  Conversion and its consequences on family: Marriage, Guardianship, Succession; Child and Family: Legitimacy, Custody, maintenance and education, Guardianship and parental rights.

Unit III :  Matrimonial Remedies under Islamic Law and Indian Divorce Act, 1869(Amended Act) – Nullity of marriage – Bar to matrimonial relief; Alimony and Maintenance: Alimony and Maintenance as an independent remedy- A review under Muslim law, Indian Divorce Act,1869, provisions under the Criminal Procedure Code, 1973; Maintenance of divorced Muslim Women under the Muslim Women (Protection of Rights on Divorce) Act, 1986.

Unit IV :  Will and Inheritance: Will-Meaning, difference between will and gift, Will made in death bed or during illness; Muslim law of Inheritance- Shia and Sunni schools; Distribution of property under Indian Succession Act of 1925(Of Christians, Parsis and Jews)- Domicile – Parsis Intestate succession and Non Parsis Intestate succession, Succession certificate, Probate and letters of administration, powers and duties of executor.