DEPARTMENT OF LAW

ALIGARH MUSLIM UNIVERSITY, ALIGARH

PROFESSIONAL ETHICS

B.A.L.L.B. (HONS) Xth SEMESTER

(BLLB-1002)

UNIT – I

ORIGIN OF PROFESSIONAL LEGAL EDUCATION

A. Origin and Development of Legal Education from double Degree courses to B.A.LL.B. (Five Years Integrated Course)

B. Role of Lawyers in National Movement of Independence, deliberations in constituent Assembly and Parliament.

C. Right to appear on behalf of others-The advocate Act of 1961 SS-29 & 30

D. Qualification, Disqualification, Removal and Right to pre-audience. SS.22, 23, 24 A and 26 of the Advocate Act, 1961.

UNIT – II

COMPOSITION AND FUNCTIONING OF BAR COUNCILS

A. Sate Bar Councils a. Election b. Power and Functions

B. Bar Council of India

a. Election b. Power and Functions S-42

C. Committees of Bar Councils

a. Enrolment Committee b. Disciplinary Committee c. Executive Committee d. Legal Aid Committee

D. Right to Legal Aid

a. Constitution and Functions of District Legal Aid Committee SS-304 Cr. P.C. Article 394 and 22 (1) of Indian Constitution

b. State Legal Aid Committee

c. Central Legal Aid Committee

UNIT – III

Advocate & Professional Ethics

A. Classification of Advocates a. Senior Advocate b. Other Advocates SS-16 and 17 of the Advocate Act. c. Advocates on original side and Advocate on appellate side and

solicitors d. Retired High Court Judges

B. a. Transferability of Advocate from one Bar Council to another S. 18

b. Resolution of Dispute regarding seniority of Advocate

C. Misconduct a. Definition of Professional Misconduct S.35 b. Disciplinary proceedings of State Bar Council & Councils of India

SS-36, 37 and 38 c. Appeal against the order of the Bar Council of India S-38

D. Professional Ethics, Rights and duties and Advocate

UNIT – IV

a. Supreme Court Rule I & II b. General Rule Civil (Allahabad High Court) The students of various

states other than U.P. are advised to got through the rules of their state High Courts.

c. General Rule Criminal for subordinate courts d. Contempt of Court (SS. 1 to 12)

UNIT – V

a. Definition of Court fees, Distinction with Tax b. Various other definitions c. Computation of fees SS-7 & court fees act d. Valuation of Court Fees S-12 e. Cost of Process SS-20, 21 f. Collection of Fees

STATUTORY MATERIAL

1. Constitution of India 2. Criminal Procedure Code 3. Advocate Act 1961 4. Court Fees Act 1870 5. Contempt of Court Act

Recommendation Readings

1. Majumdar : Professional Ethics 2. Sociology of Law : K.L. Sharma

Prescribed Reports

i) AIR 1951 SC 217 ii) AIR 1978 SC 1548 iii) AIR 1986 SC 991

DEPARTMENT OF LAW

ALIGARH MUSLIM UNIVERSITY, ALIGARH

Moot Court & Practical Training

B.A.LL.B. (HONS) Xth SEMESTER

Objective of the Course:

The main objective of this paper is to remove the myth that Law in Books is different

from law in action by inculcating among the law students awareness about the

implementing aspect of laws. So that they may come out from faculty of law as full-

fledged advocates. During the course of study the students will attend the Chambers of

the Lawyers practicing at District Court Aligarh in both civil and criminal sides to enable

themselves to have direct contact with the clients having different problems and cases

of different courts; they will discuss the legal problems with the clients and lawyers and

will take the dictation, help and assist the lawyers in the preparation of their brief and

arguments in the instant case.

Dress, Code is compulsory. The students are required to maintain decorum of the court.

The students will maintain a daily diary recording the date of visit and matter, which

they came across on that day, and the practical experience or knowledge acquired.

Finally they will prepare in consultation with their teacher and the supervisor lawyer

their project report and submit to the teacher concerned for evaluation.

This paper contains the following Components:

A. Practical Training : 40 marks

B. Moot Court

Moot problems will be assigned for preparing arguments by practicing supervisor,

Mid Term Examination – 20 marks

In this examination the students will attempt one moot problem

End Term Examination – 40 marks

In the main End Term Examination. Four problems will be asked out of which three

moot problems will be attempted by the students.

Suggested Readings:-

Clinical legal Education by Madhav Menon

Moot Court Pre-Trial Preparations and Viva-Voce by Dr. P. Tiwari

Moot Court and Pre-Trial Preparations by Kailash Rai

Recently decided cases by Supreme Court and different High Courts.

DEPARTMENT OF LAW

ALIGARH MUSLIM UNIVERSITY, ALIGARH

Local Laws

B.A.LL.B. (HONS) Xth SEMESTER

Objectives

Each state in India has its own various local laws. These laws differs according to its genesis.

However fundamentals of laws are same to some extents in all the states. The purpose of these

local laws is to apprise the students about the law of their home state. These laws are very

useful if a student wants to practise in his home town. Moreover, every State Public Service

Commission keeps these local laws in the syllabi of state judicial service examination. It is

necessary to learn these local law if a student wants to take state judicial service examination .

Credits………..

Unit I – U.P. Panchayati Raj Act 1947.

1. Gram Sabha, Gram Panchayat & Land Management Committee. Definition, Constitution,

Powers & Functions.

2. Nyaya Panchayat-Establishment & Jurisdiction with regard to civil & criminal jurisdiction.

3. Revisional jurisdiction of the Court under the Act

4. Notice : U/S 106: objects & contents

Unit II – The U.P. Urban Building (Regulation of letting, Rent & Eviction)Act,

1972.

1. Preliminary concept, Definitons and exemptions to certain buildings from operation of

this Act.

2. Deemed vacancy, Allotment and release of vacant building and their Appeal.

3. Grounds for eviction of the tenant and release of building under tenancy and their

Appeal.

4. Grounds for depositing of rent before the court and powers, procedure of the

authorities under the Act.

Unit III – U.P. Urban Planning and development Act.1973

1. Preliminary concept, definitions, and establishment and constitution of development

authority.

2. Powers and functions of the development authority and its objects

3. Supplemental and miscellaneous proceedings to be adopted by the authority under the

Act.

4. Jurisdiction of the Courts.

Unit IV –U.P. Consolidation of Holdings Act 1953

1. Preliminary concept, definitions, correction and revision of maps and records.

2. Powers and functions of the Officers under the Act

3. Appeal, revision and reference under the Act

4. Jurisdiction of Civil Courts

Unit V- U.P. Municipalities Act 1960

1. Definitions, Establishment and Constitution of Municipalities

2. Powers, Functions and duties of the Municipalities and their objects

3. Appeal and reference under the Act

4. Suits against Municipalities or their officers and jurisdiction of Civil Courts.

Suggested Readings/ Texts /References :

1. H.P. Garg : U.P. Panchayati Raj Act 1947 including to the amendment Acts of 1994 &

2004.

2. V.K.Sirkar : U.P. Urban Building (Regulation of letting, Rent and Eviction) Act,1972.

3.Misra : U.P. Urban Planning and Development Act 1973 with Amendment Act

1997

4. P.L.Malik : U.P. Consolidation of Holdings Act 1953

5. Surendra Malik: U.P. Municipality Act 1916

DEPARTMENT OF LAW ALIGARH MUSLIM UNIVERSITY, ALIGARH

INTERPRETATION OF STATUTES B.A.LL.B. (HONS) Xth SEMESTER (BLLB-1001)

UNIT – I INTRODUCTION

A. Meaning, Definition and Importance of interpretation

B. Classification of statutes

C. Approaches to Interpretation

UNIT – II AIDS TO INTERPRETATION AND

CONSTRUCTION OF STATUTES

A. Importance Meaning and Relevance of Aids

B. Intrinsic Aid

C. Extrinsic Aid

UNIT – III INTREPETATION OF

PARTICULAR STATUTES

A. Interpretation of Penal Statutes

B. Interpretation of Taxing Statutes

C. Interpretation of Procedural Statutes

UNIT – IV OPERATION OF STATUTES

A. Retrospective Operation of Statutes

B. Presumption in Statutes

C. Expiry and Repeal of Statutes

UNIT – V INTERPRETATION OF SUBSTANTIVE

STATUTES

A. Interpretation of Constitution of India

B. Interpretation of International Conventions and Treaties

C. Provisos, Exceptions, Exclamations and savings clauses in statutes

Recommended Readings

1. Maxwell : The Interpretation of Statutes

2. Cross : Statutory Interpretation

3. Croweford : Statutory construction

4. G.P.Singh : Principles of Statutory Interpretation

5. Chakravarthy : Interpretation of Statutes

6. Dias : Jurisprudence

7. Bodenheimer : Jurisprudence

DEPARTMENT OF LAW

ALIGARH MUSLIM UNIVERSITY, ALIGARH

Public Interest Lawyering etc.

B.A.LL.B (Hons) Xth Semester

BLLB-1004

Public Interest lawyering is one of the practical paper whch has been adopted by F/O Law on

the recommendation of Bar Council of India. This paper seeks to impart practical legal training

to the students outside the class room, to make them understand the socio-legal problems of

different sections of society. Keeping in view the multiple dimensions of the study, it contains

three components which are as follows:

1. Legal literacy : 40 marks, It includes legal aid camp, para legal training and public

interest litigation. The students shall participate from time to time in the legal literacy

camps They may engage themselves to provide legal aid and assistance to the people

who are residing in the remote areas of district in order to make them aware about their

basic rights through street plays and legal counseling.

2. Case Comment : 20 marks: To encourage the students to acquire and inculcate the

latest knowledge by studying the reported cases on current socio-economic and legal

affairs, they have to make selection of one leading case decided by either Honble

Supreme Court or High Court and prepare comments on it in consultation with the

teachers of the Department and such case comment will be evaluated.

3. Lok Adalat : 40 marks: To enable the students to study the practical aspect of law of

Lok Adalat. They understand under guidance of practicing advocates are taken to

different courts whenever Lok Adalats are organized in the district to enable them to

understand the procedure and proceedings of Lok Adalat. The students are expected to

study the practical aspect in consultation with the practicing lawyers.

A detailed report of the facts and proceedings of Lok Adalat observed by the students is

required to be submitted by them to the teacher concerned. Marks are given on the

basis of report submitted and viva voce conducted on the subject.