Ordinances For - Desh Bhagat University

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1 Ordinances For B.A.L.L.B ( HONS.) (Under Choice Based Credit System) Syllabus and Scheme Session (2019-2020)

Transcript of Ordinances For - Desh Bhagat University

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Ordinances For

B.A.L.L.B ( HONS.)

(Under Choice Based Credit System) Syllabus and Scheme

Session (2019-2020)

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DESH BHAGAT UNIVERSITY, MANDI GOBINDGARH Faculty of Legal Studies

Ordinances of B.A.L.L.B

1. Duration of Course:

The duration of course shall be five academic years consisting of ten (10) semesters i.e. two semesters in each year. The duration of each semester will be 18-20 weeks with ninety (90) teaching days.

2. Maximum period for passing BALLB

The candidate must pass all the subjects of all the semesters of BALLB in ten (10) years. If the candidate fails to pass all the subjects of the course within stipulated period, his/her registration will be cancelled.

3. Eligibility for admission

10+2 with 45% marks in any stream from a recognized University. 5% relaxation in marks shall be given to Schedule Caste/ Schedule Tribe candidates.

4. Medium of Instructions

The medium of instruction during the course and examinations shall be English.

5. Examination Schedule, examination fee and examination forms:

5.1 The examination of Odd Semesters shall ordinarily be held in the month of December and that of Even Semesters in the month of May, or on such other dates as may be fixed by the competent authority.

5.2 The candidates will be required to pay examination fees as prescribed by the University from time to time.

5.3 The Examination Form must reach in the office of the Controller of Examinations as per the schedule notified, from time to time.

5.4 The Examination Forms must be countersigned by the Director/Head of the Department along with the following certificate :--

(i) that he/she has been on the rolls of the University Teaching

Department during the academic term preceding the end

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semester examination; (ii) that he/she has attended not less than 75% lectures delivered to

that class in each paper; and (iii) that he/she has a good moral character.

5.5 The shortage in the attendance of lectures of the candidate may be condoned by the Vice-Chancellor, on the recommendations of Head of the Department, as per rules.

6. Re-admission

In case name of a student is struck off from the rolls due to non-payment of fee or continued absence from classes in any subject for one month and he/she will be re-admitted after payment of re-admission fee as prescribed by the University from time to time. However, the student will be allowed to appear in the end semester examination of that paper (s) only after attending the required lectures/practicals delivered to that paper(s). However, if a student falls short of attendance in all courses offered in a semester he/she shall be required to repeat the semester, along with the next batch of students.

7. Scheme of Examinations

The examination in each semester shall be conducted according to the syllabus

prescribed for the semester. The end semester examination for each paper shall be

of three hours duration.

8. Minimum pass marks

The minimum number of marks required to pass in each semester shall be 40% marks in each in Theory and Practical/Laboratory/Seminar/Viva-Voce paper and in Internal Assessment, separately.

9. Grading of performances

9.1 Letter grades and grade points allocations:

Based on the performances, each student shall be awarded a final letter grade at the end of the semester for each course. The letter grades and their corresponding grade points are given hereunder:-

Percentage of marks obtained

Letter Grade

Grade Point

Performance

90.00 – 100 O 10 Outstanding

80.00 – 89.99 A+ 9 Excellent

70.00 – 79.99 A 8 Very Good

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60.00 – 69.99 B+ 7 Good

50.00 – 59.99 B 6 Average

45.00 – 49.99 C 5 Pass

Less than 45.00 F 0 Fail

Absent AB 0 Fail

9.2 Grades from ‘O’ to ‘C’ are pass grades.

9.3 A student who fails in any end semester shall be assigned a letter grade ‘F’ and a corresponding grade point of zero. He/she should reappear for the said evaluation/examination in due course.

9.4 A student who remains absent for any end semester examination shall be assigned a letter grade of ‘AB’ and a corresponding grade point of zero.

Semester Grade Point Average (SGPA) = (∑ Ci Gi ) ∕ (∑ Ci )

Where C i = No. of credits assigned to ith semester G i = No. of Grade equivalent point assigned to ith semester.

∑ (SGPAj X Cj)

Cumulative Grade Point Average (CGPA) = ______________ ∑ Cj

Where SGPAj = SGPA score of jth semester Cj = Total no. of credits in the jth Semester

9.5 Percentage can be calculated as CGPA *10

10. Declaration of class and Division

The class shall be awarded on the basis of CGPA as follows:

CGPA: ≥7.5 provided that the candidate must have passed all the Semester Examinations in the first available attempt.

First Division

with Distinction

CGPA: 7.0 to 7.49 First Division

CGPA: 6.0 to 6.99 Second Division

CGPA: 5.0 to 5.99 Third Division

11. Internal Assessment of failed candidate

The internal assessment award of a candidate who fails in the external examination shall be carried forward to the next Examination, if passed in Internal Assessment.

12. Grace Marks

12.1 The grace marks of 1% of total marks of the semester shall be given to a

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candidate to his best advantage so as to enable him to pass in one or more written papers, to make up aggregate to pass the examination/paper or for changing the result from FAIL to COMPARTMENT/PASS. If a fraction works out to be half or more, it shall be counted as one mark and fraction less than half shall be ignored

12.2 If a candidate appears in an examination to clear re-appear/compartment paper, the grace marks of 1% will be given only on the total marks of that particular paper.

13. Re-evaluation

A candidate who is not satisfied with his result may apply to the Examination Branch for re-evaluation in a subject/paper within 15 days of declaration of result along with a fee as prescribed by the university from time to time.

14. Re-checking

A candidate who is not satisfied with his result may apply to the Examination Branch for re-evaluation in a subject/paper within 15 days of declaration of result along with a fee as prescribed by the university from time to time.

15. Special examination

A Special Examination will be conducted for those students who are passing out but having re-appear(s) in the last semester and/or in the lower semesters. The special examination will be conducted within one month of the declaration of final semester result. The student shall have to pay prescribed fee for Special Examination.

16. Re-appear/Supplementary examination

In case of re-appear examination, the University will adopt even/odd semester examination or open semester system. The student will be eligible to appear in the re-appear papers of odd semester along with the odd semester regular examinations of subsequent batches and re-appear of even semester’s paper of the even semester regular examinations in the case of even/odd semester examination. The student will be eligible to appear in the re-appear papers of all semesters (even/odd) along with regular examinations of open semester examinations. Controller of Examination will implement any of the above examination system with the approval of the Vice-Chancellor.

17. Mercy Chance

The candidate will be given maximum two chances to appear in the supplementary examinations. After that, mercy chance may be given by the Vice-Chancellor on the recommendations of the Director of the concerned school on payment of a special fee.

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18. Syllabus for re-appear candidates

A student who obtains re-appear(s) in a subject will be examined from the same syllabus which he/she studied as a regular student.

19. Promotion Criteria

19.1 A candidate who joins First Semester of BALLB may on completing attendance requirements appear in 1st semester examination. He/she shall be allowed to continue his/her studies in the 2nd Semester even if he/she does not clear any paper of the 1st semester and on completing attendance requirements may appear in the 2nd Semester examination.

19.2 A candidate shall not be eligible to join 3rd Semester of BALLB, if he/she has yet to clear more than 50% papers of First and Second Semesters taken together. A candidate who has cleared 50% or more papers of BALLB. 1st and 2nd Semesters taken together may join 3rd Semester and on completing attendance requirements may take 3rd Semester Examination. He/she shall be allowed to continue his/her studies in the 4th Semester even if he/she does not clear any paper of the 3rd Semester and on completing attendance requirements may appear in 4th Semester examination.

19.3 A candidate shall not be eligible to join 5th Semester of BALLB. if

he/she has yet to clear more than 50% papers of 3rd and 4th Semesters taken together. A candidate who has cleared 50% or more papers of BALLB 3rd and 4th Semesters taken together may join 5th Semester and on completing attendance requirements may take 5th Semester Examination. He/she shall be allowed to continue his/her studies in the 6th Semester even if he/she does not clear any paper of the 5th Semester and on completing attendance requirements may appear in 6th Semester examination.

19.4 A candidate shall not be eligible to join 6th Semester of BALLB. if

he/she has yet to clear more than 50% papers of 4th and 5th Semesters taken together. A candidate who has cleared 50% or more papers of BALLB 4th and 5th Semesters taken together may join 6th Semester and on completing attendance requirements may take 6th Semester Examination. He/she shall be allowed to continue his/her studies in the 7th Semester even if he/she does not clear any paper of the 6th Semester and on completing attendance requirements may appear in 7th Semester examination.

19.5 A candidate shall not be eligible to join 7th Semester of BALLB. if

he/she has yet to clear more than 50% papers of 5th and 6th Semesters taken together. A candidate who has cleared 50% or more

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papers of BALLB 5th and 6th Semesters taken together may join 7th Semester and on completing attendance requirements may take 7th Semester Examination. He/she shall be allowed to continue his/her studies in the 8th Semester even if he/she does not clear any paper of the 7th Semester and on completing attendance requirements may appear in 8th Semester examination.

19.6 A candidate shall not be eligible to join 8th Semester of BALLB. if

he/she has yet to clear more than 50% papers of 6th and 7th Semesters taken together. A candidate who has cleared 50% or more papers of BALLB 6th and 7th Semesters taken together may join 8th Semester and on completing attendance requirements may take 8th Semester Examination. He/she shall be allowed to continue his/her studies in the 9th Semester even if he/she does not clear any paper of the 9th Semester and on completing attendance requirements may appear in 9th Semester examination.

19.7 A candidate shall not be eligible to join 9th Semester of BALLB. if

he/she has yet to clear more than 50% papers of 7th and 8th Semesters taken together. A candidate who has cleared 50% or more papers of BALLB 7th and 8th Semesters taken together may join 9th Semester and on completing attendance requirements may take 9th Semester Examination. He/she shall be allowed to continue his/her studies in the 10th Semester even if he/she does not clear any paper of the 9th Semester and on completing attendance requirements may appear in 10th Semester examination.

19. Division Improvement

A candidate who has passed BALLB examination from this University may re-appear for improvement of division in one or more subjects in the succeeding semesters with regular candidates in order to increase the percentage for obtaining higher division. However, final year candidates who have passed an examination of the University may re-appear for improvement of performance under special examination as per rules of the university.

20. Migration to this University

20.1 Migration to this University will be allowed only after completion of the 1st year and is applicable only to those students who are eligible to register for 3rd semester.

20.2 Migration shall be allowed after completion of the second semester but before start of the 3rd semester.

20.3 The candidates shall not be allowed to change his/ her discipline of study in the process of migration.

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20.4 Migration to an affiliated College /Institute of the University from

other recognized universities will be allowed 15 days prior to of the start of the 3rd semester. The following conditions shall be apply:-

i) The candidate should have passed all the courses of the first

year of the University from where he/she wants to migrate.

ii) The courses studied by the candidate in first year must be equivalent to the courses offered in this University. Deficiency, if any, should not be of more than two subjects. The candidate would be required to furnish an undertaking that he/she will attend classes and pass these courses (found deficient). The institute and the University where the student is studying and the Institute, to which migration is sought, have no objection to the migration.

iii) There is a vacant seat available in the discipline in the college in which migration is sought.

20.5 Power of Relaxation: Notwithstanding the existing Migration Rules,

the Vice-Chancellor, after obtaining an undertaking/affidavit from the candidate, to his satisfaction, to be recorded in writing, shall be authorized to consider the migration for the cases that are not otherwise covered under the above Migration Rules, with the approval of the Chancellor.

21. Migration to any other University

21.1 Migration to any other University will be allowed 15 days prior to of the start of the 3rd semester.

21.2 The candidate seeking migration from this University shall be apply for the approval of his migration to the University within 15 working days after passing the 2nd Semester/First Year Examination.

21.3 The Director/Head of the department concerned of the University will issue “No Objection Certificate” after the candidate has paid all the fees due for the remaining period of the full session as well as the annual dues as per rules. In addition to the above, Migration fee as prescribed by the University shall be charged from such candidates.

21.4 If a candidate, on completion of any course, applies for Migration Certificate, the same shall be issued on receipt of fee prescribed for Migration Certificate and on completion of other formalities etc.

22. Award of Detail Marks Card

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Each candidate of First Year BALLB (i.e. Semester-I & Semester-II), Second Year (i.e. Semester-III & Semester-IV), Third Year (i.e. Semester-V & Semester- VI), Fourth Year (i.e. Semester-VII & Semester- VIII) and Fifth Year (i.e. Semester-IX & Semester- X) on successfully completion of course and passing all the papers of each semester, shall be supplied Detail of Marks Cards indicating CGPA score and Division obtained by him/her in the examination.

23. Award of Degree The degree of Bachelor of Arts and Bachelor of Laws (BALLB) stating the CGPA score and Division, will be awarded to the candidate who has successfully completed the course and passed all the papers of all the semesters. The degree will be awarded at the University Convocation. However, a degree in absentia can be issued before the convocation, on completion of required formalities and payment of prescribed fee.

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DESH BHAGAT UNIVERSITY, MANDI GOBINDGARH Faculty of Legal Studies

VISION OF THE DEPARTMENT

To achieve the pinnacle in the field of legal education, intellectual growth, research

combined with leadership. To resolve to assiduously pursue and achieve goals for providing

best and high quality education, remain dedicated steadfast in the pursuit of truth aligned

with the motto of ‘Research, innovation and entrepreneurship.

MISSION OF THE DEPARTMENT

M1: To become a foremost law institution, propagation students focusing on research and

community work besides fulfilling their respective ambitions.

M2: To create such lawyers and legal professionals, who are well versed in national and

trans-national legal systems by developing their skills in core areas such as IPR’s, Corporate

Law, Business Law.

M3: To promote cultural, legal and ethical values with a view top remote and foster the rule

of law and the objectives enshrined in the Constitution of India.

M4: To organize legal awareness camps in university campus as well as in villages, lectures,

seminars, and conferences for dissemination of legal knowledge and to make law and legal

process efficient instruments of social development.

PROGRAM OUTCOMES

PO1. Legal knowledge: Apply the knowledge of Law and its specialization to the solution of

complex Legal problems.

PO2. Problem analysis: Identify, formulate, research literature, and analyze legal and social

problems to arrive at substantiated conclusions using different Legal principles.

PO3. Design/development of solutions: Design solutions for complex Socio Legal problems

to meet the specifications with consideration for the public health and safety, and the

cultural, societal, and environmental considerations.

PO4. Conduct investigations of complex problems: Use research-based knowledge

including design of experiments, analysis and interpretation of statutes, legal provisions, and

synthesis of the information to provide valid conclusions.

PO5. Modern tool usage: Create, select, and apply appropriate techniques, resources, and

modern legal and IT tools including prediction and modeling to complex legal activities with

an understanding of the limitations.

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PO6. The Law and society: Apply reasoning informed by the contextual knowledge to assess

societal, health, safety, legal and cultural issues and the consequent responsibilities relevant

to the professional legal practice.

PO7. Environment and sustainability: Understand the impact of the professional Legal

solutions in societal and environmental contexts, and demonstrate the knowledge of, and

need for sustainable development.

PO8. Ethics: Apply ethical principles and commit to professional ethics and responsibilities

and norms of the legal practices.

PO9. Individual and team work: Function effectively as an individual, and as a member or

leader in teams, and in multidisciplinary settings.

PO10. Communication: Ability to learn the art of communicating and demonstrating their

oral advocacy skills. Projecting the facts in a way suitable to the client and power to

convince on legal reasoning forms the essence of communication in courts of law.

PO11. Project management and finance: Demonstrate knowledge and understanding of

Laws and legal principles and apply these to one’s own work, as a member and leader in a

team. Manage projects in multidisciplinary environments.

PO12. Life-long learning: Recognize the need for, and have the preparation and ability to

engage in independent and life-long learning in the broadest context of legal change.

PROGRAMME EDUCATIONAL OBJECTIVES

PEO1: To endow students with a sound understanding of the foundations of legal

knowledge and shall contribute to the society in general by becoming sensitive and legal

practitioner of the nation.

PEO2: To be part of Indian/ International judicial system, International Court of Justice like

magistrate, civil judge, presiding officers in different judicial forums and act as Legal

Services Director in public, private and government organizations and also pursue higher

degrees to work in Colleges, Universities as professors.

PEO3: To generate employment by being an entrepreneur such as start their own Law firm and become independent tax consultant, arbitrator and mediator in the process of outside court settlements.

PROGRAM SPECIFIC OUTCOMES

PSO1: To endow the students with the skills required to deal with the swiftly changing

commerce and legal environment.

PSO2: To get the students aware with the technological developments and to make suitable

changes in the field of law and legal profession.

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DESH BHAGAT UNIVERSITY, MANDI GOBINDGARH Faculty of Legal Studies

First Semester Paper Code Subject Internal

Assessment

Ext.

Exam.

Max.

Marks

BALLB(H)- 101 English-I 26 74 100

BALLB(H)- 102/

102(A)

Punjabi-I/ Punjab History &

Culture-I

26 74 100

BALLB(H)- 103 Political Science-I 26 74 100

BALLB(H)- 104 Sociology- I 26 74 100

BALLB(H)- 105 Legal Method 26 74 100

BALLB(H)- 106 Law of Contract- I 26 74 100

DBWS-101 Workshop on soft skills 100 100

Total 156 544 700

Instructions for the Paper Setter

1. Maximum Marks: 100 (External Paper will be of 74 Marks & Internal assessment will be of 26Marks)

2. Minimum Pass Marks for External Paper: 45% = 33 Marks in each Paper 3. Minimum Pass Marks in Internal Assessment: 45% = 12 Marks in each Paper. 4. The maximum marks for external each paper is 74 and the time allowed is 3 hours. 5. The question paper will consist of three Sections: A, B and C.

a) Section A will consists of Multiple Choice Questions (15 marks) There will be 15 MCQs with four options of answers. All the questions will be compulsory

and each question will carry 1 (one) mark. There will be no negative marking. OMR Sheets

will be provided to students for attempting this section.

b) Section B will consists of Short Answer Type Questions (24 marks) There will be 8 questions out of which 6 will have to be attempted. Each question will carry

4 (four) marks. The answer is to be given in about 150 words.

c) Section C will consists of Essay Type Questions (35 marks) This section will cover 50% marks of the total marks. To cover the whole syllabus there will

be three questions (10 marks each) and one question (5 marks).

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COURSE CODE: BALLB(H)- 101

COURSE NAME: ENGLISH PAPER-I

Course Outcomes: This course enables the students to communicate effectively and appropriately in real life situation and to develop their interest in and appreciation of Literature;

On completion of this course, the student will be able to:

CO1: Develop the Composition skills.

CO2: Students will improve their speaking ability in English both in terms of fluency and

comprehensibility.

CO3: Students will give oral presentations and receive feedback on their performance

CO/PO Mapping

(S/M/W indicates strength of correlation) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 S W W W W W W M W M W M

CO2 W M M S W W W M W S W M

CO3 W M M M S M M M W S M S

Course Outline

UNIT - I

FICTION

NINETEEN EIGHTY FOUR - George Orwell WORD OF THE FLIES- William Golding

PROSE

CIVIL DISOEIDIENCE - Henry David Thoreau OF JUD5CATURE – Francis Bacon TRIAL SPEECH - M.K. Gandhi

WRITINGS SKILLS

PARAGRAPH WRITING AND

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EXPANSION LETTER WRITING UNIT- II

POEI'RY OF LAW

LAW LIKE LOVE — W.H. Auden CRIMINAL — Stephen Dunn OUTLAW — Stephen Dunn

N£EGLIGENCE — William Matthews

VERBATIM FROM BOILEAU — Alexander Pope

FIGURES OF SPEECH

PARTS OF SPEECH PREPOSITIONS CONJUNCTIONS PUNCTUATION

IDIOMS / PROVERBS AND THEIR USAGE ANTONYMS / SYNONYMS ONE WORD SUBSTITUTE

E-Books

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COURSE CODE:BALLB- 102

COURSE NAME:PUNJABI PAPER-I)

Course Outcomes: On completion of this course, the student will be able to: CO1: Understand Punjabi language and Punjabi culture through the writing of well known writers of Punjabi. CO2: Understand Punjabi Grammar. CO3: Understand the languages origin and development of Punjabi

CO/PO Mapping

(S/M/W indicates strength of correlation) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 W S W W W S S M W S M S

CO2 W M W M W S S M W S M S

CO3 W M W W W S S M W S M S

Course Outline:

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COURSE CODE:BALLB- 102(A)

COURSE NAME:PUNJAB HISTORY AND CULUTURE

Course Outcomes: On completion of this course, the student will be able to: CO1: Understand the Harappan civilization and settlement of Indo-Aryans in Punjab. CO2: Understand the impact of Buddhism and Jainism in the Punjab. CO3: Understand the development of Sikhism in Punjab

CO/PO Mapping

(S/M/W indicates strength of correlation) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 M S W M W M W M W S W S

CO2 M M W M W S W M W S W S

CO3 S M M M S M M M M S M M

Course Outline:

Unit-I

- Harappan Civilization; Important centres, town planning, social, religious and economic life of the people.

- The Indo-Aryans: Original home and settlement in Punjab, social religious, political and economic life during the Rig Vedic Age.

- Teaching and impact of Buddhism and Jainism in the Punjab. - Bhakti movement origin and its impact.

Unit-II

- Social, religious, political and economic life of the people of Punjab during 16th century. - Guru Nanak Dev’s teachings and impact on society. - Development of Sikhism (1539-1606) with special reference of Sangat, Langar, Masand

system, compilation of Adi Granth and Martyrdom of Guru Arjun Dev. - Martyrdom of Guru Tegh Bahadur Foundation of Khalsa by Guru Gobind Singh, Banda

Bahadur and his achievements.

Suggested Readings

L.M. Joshi (ed), History and culture of the Punjab, Part-I, Patiala,1981 (3rd Edition)

Kirpal Singh (ed.), History and Culture of the Punjab, Part-II, 1990 (3rd Edition)

A.C.Arora, Ancient Indian History , 2009

Khushwant Singh, A History of the Sikhs 1469-1829, Vol. I.

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COURSE CODE: BALLB(H)- 103 COURSE NAME: Political Science-I

Course Outcomes CO1: Analysing what is Politics and understand the significance of political theory CO2: Evaluate the theories of origin of the state. CO3: Explaining the Concept of State Sovereignty: Monistic and Pluralistic Theories. Analysing the changing concept of Sovereignty in the context of Globalisation.

CO/PO Mapping

(S/M/W indicates strength of correlation) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 M S W M S M M W M S M S

CO2 S M W W M S S M W M M S

CO3 M M W M M S M M M M W M

Course Outline

Unit-I

1. Meaning, Nature and Scope of Political Science 2. Political Theory: Traditional, Modern and Contemporary 3. Relation of Political Science with Law, History, Economics and Sociology. 4. State: Meaning, Elements and its distinction from Government and Society 5. Theories of the Origin of State: Social Contract Theory and Evolutionary Theory.

Unit-II

1. Liberalism: Meaning, Negative, Positive and Contemporary liberalism 2. Socialism : Utopian and Democratic 3. Marxism : Meaning and Features 4. Sovereignty : Meaning, Nature and types 5. Monistic and Pluralistic theories of Sovereignty 6. Political System: Meaning, Functions and its distinction from State. Suggested Readings Principles of Political Science : J.C. Johari Principles of Political Science : A.C. Kapoor Political Theory : M.P. Jain Gauba, O.P., An Introduction to Political Theory (New Delhi, Macmillan 2005) Heywood, Andrew, Politics (New York, Palgrav, 2002) Johari, J.C. Principles of Modern Poltical Science (New Delhi, Sterling Publisher, 2005) Kapur, A.C., Principles of Political Science (New Delhi, S. Chand & Co.2005) Marx, K.H, The Communist Manifesto C Moscow, Progress Publishers, 1975

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COURSE CODE: BALLB(H)- 20 COURSE NAME: SOCIOLOGY-I

Course Outcomes: On completion of this course, the student will be able to: CO1: Understand the basic concepts in sociology. CO2: Comprehend the significant place occupied by sociology among the social sciences. CO3: Understand the structure of the society, Its functions, evaluation and change

CO/PO Mapping

(S/M/W indicates strength of correlation) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 S W W W W S W W W W W M

CO2 S W W W W S W W W S W M

CO3 M W W M M S W W S S W S

Course Outline UNIT- I

Basic Concepts Sociology, Meaning, Scope and Subject matter. Society, Community, Association, Institutes, Mores Social Group : Meaning and Classification of Social groups, Family, Traditional and Modern Pioneers of Social Thought Auguste Comte : Law of three stages, Positivism and Religion of humanity Emile Durkhum : Social Solidarity, The theory of Division of Labour, theory of Religion and Suicide. Karl Marx : Marxism Concept of Social change, Class struggle, Division of Labour Maxweber : Sociology of Religion, The Concept of authority and the Concept of Social action UNIT- II Social Change and Social Control Social Change, meaning, factors, Distinction between Social and Cultural Change Social Control, Meaning and importance of Social control, Means of Social Control, Public opinion and propaganda, Reward and Punishment, Agencies of Social Control : Religion, Familyand State Sociology of Profession Profession and Professionalisms, Distinction between Profession and Occupation. Society and Professional Ethics, Sociology of Law, Relationship between Law and Society. Books 1. Maclver & Page, 'Society' : An Introductory Analysis 2. M.Haralambos, 'Sociology' : Theme and Perspectives

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3. T.B. Bottomore, 'Sociology' : A Guide to problems and Literature 4. David G. Mandelbaum 'Society in India' 5. Ram Ahuja, Society in India. 6. M.S.A. Rao, Urbanization and Social Change 7. Yogendra Singh, Modernization of Indian Tradition 8. Abraham : Social Thinkers 9. Roueek : Social Control 10. K.M. Kapadia : Marriage & Family in India

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COURSE CODE: BALLB (H)-105

COURSE NAME: LEGAL METHOD Course Outcomes: On completion of this course, the student will be able to: CO-1 Understand the meaning and classification of Law. CO-2 Understand the different sources of Law. CO-3 Understand common law and Indian Law. CO-4 Understand concept of legal research and various techniques used in Legal research

CO/PO Mapping

(S/M/W indicates strength of correlation) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 S W W W W W W W W W W W

CO2 S W W W W S W W W S W M

CO3 M W W M M S W W S S W S

CO4 S S S M S S W W S S S M

Course Outline

Unit- I

Meaning and Classification of Laws

a. Meaning and Definition b. Functions of Laws c. Classification of Laws:

i. Civil and Criminal Law ii. Public and Private Law iii. Statutory and Non- Statutory Law iv. Substantive and Procedural Law v. Municipal and International Law

Source of Law

a. Custom b. Precedent c. Legislation

Unit- II

Basic Concepts of Indian Legal System

a. Common Law

b. Constitution as the Basic Law

c. Rule of Law

23

d. Separation of Powers

e. Judicial System in India Legal Writing and Research

a. Concept of Legal Research b. Legal materials- Case Law c. Statutes, Reports, Journals, Manuals, Digests etc. d. Importance of Legal Research e. Technique of Legal Research f. Legal Writing and Citations

Text Books:

1. Glanville Williams- Learning the Law 2. NomitaAggarwal – Jurisprudence (Legal Theory) 3. B.N.M. Tripathi- An Introduction to Jurisprudence and Legal theory

References:

1. Benjamin N. Cardozo, The Nature of Judicial Process 2. ILI Publication- Indian Legal System 3. ILI Publication Legal Research and Methodology

E-Books https://www.pdfdrive.com/understanding-jurisprudence-an-introduction-to-legal-theory-third-edition-e177322839.html https://www.pdfdrive.com/general-jurisprudence-understanding-law-from-a-global-perspective-law-in-context-e185553243.html https://www.pdfdrive.com/legal-method-e187814845.html

24

COURSE CODE:BALLB(H)- 24

COURSE NAME:LAW OF CONTRACT-I Course Outcomes: On completion of this course, the student will be able to: CO1. Define, distinguish and apply the basic concepts and terminology of the law of contract CO2. Define and distinguish amongst the various processes involved in contract formation CO3. Identify the relevant legal issues that arise on a given set of facts in the area of contract law CO4. Select and apply a range of approaches to written communication, and apply the critical thinking required to bring about creative solutions to complex legal problems in the area of contract law.

CO/PO Mapping

(S/M/W indicates strength of correlation) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 S W W W W W W W W W W W

CO2 S W W W W S W W W S W M

CO3 M W W M M S W W S S W S

CO4 S S S M S S W W S S S M

Course Outline

Unit-I

Agreement and Contract: Definitions and elements.

Proposal and Acceptance: Various forms, essential elements, communication and revocation; proposal and invitation to a proposal.

Consideration: its meaning, kinds and essential elements, its exceptions; present, past and adequate consideration, whether performance of existing duties amounts to consideration; stranger to contract cannot sue.

Capacity to contract: incapacity arising out of status and mental defect ; minor’s agreement-definition of minor, agreements beneficial and detrimental to a minor, ratification in cases by a person of an agreement made by him while he was a minor ; “necessaries” supplied to a minor.

Free Consent: its need and definition, factors vitiating free consent.

Coercion-definition- Essential elements, duress and coercion-effect of coercion.

25

Undue influence : Definition-essential elements. Between which parties can it exist? Who is to prove it? Illustrations of undue influence- pardanashin women-independent advice, unconscionable bargains, effect of undue influence.

Misrepresentation : Definition-misrepresentation of law and of fact-their effects.

Fraud :Definition, essential elements, active concealment of truth-importance of intention, when does silence amount to fraud?

Mistake :Definition, kinds, mistake of law and of fact, their effects

Legality of consideration and object : unlawful consideration and objects :

- Forbidden by Law - Defeating the provision of any law - Fraudulent - Injurious to person or property - Immoral - Against public policy

Void Agreements : Void, voidable and unlawful agreements and their effects

Agreements without consideration.

Agreements in restraint of marriage.

Unit-II

Agreements in restraint of trade :exceptions- Sale of good-will, restrictions under the Partnership Act, trade combinations, exclusive dealing agreements, restraints on employees under agreements of service.

Wagering Agreement : its exceptions.

Contingent Contracts: Definition- enforcement- contingent contract and wagering agreement.

Discharge of a contract and its various modes:

By Performance- conditions of valid tender of performance- How, By whom, When, In what manner? Performance of reciprocal promises, time as essence of contract.

By breach- anticipatory breach and present breach.

Impossibility of performance: Specific grounds of frustration, effect of frustration.

By agreement: Rescission and novation, their effect, remission and waiver of performance, extension of time, accord and satisfaction.

Quasi contracts or certain relations resembling those created by contracts.

26

Remedies for breach of contract: Damages- Kinds-remoteness of damage-liquidated damages and penalty.

Standard Form Contracts : Nature, advantages, unilateral character, principles of protection against the possibility of exploitation, judicial approach to such contracts, exemption clauses, Law Commission of India views.

Suggested Readings

A. G. Guest (ed.) : Anson’s Law of Contract Avtar Singh : Law of Contract R.K. Bangia : Law of Contract J.K. Dalal (ed.) : Mulle on the Indian Contract Act E-Books

https://www.pdfdrive.com/indian-contract-act-1872-e33444870.html

https://www.pdfdrive.com/indian-contract-act-1872-e45514164.html

https://www.pdfdrive.com/contract-law-e20720112.html

27

COURSE CODE: DBWSS- 101 COURSE NAME: WORKSHOP ON SOFT SKILLS

Course outcomes CO1: Effectively communicate through verbal/oral communication and improve the listening skills

CO2: Write precise briefs or reports and technical documents. CO3: Actively participate in group discussion / meetings / interviews and prepare& deliver presentations CO4: Become more effective individual through goal/target setting, self motivation and practicing creative thinking.

CO/PO Mapping

(S/M/W indicates strength of correlation) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 M M M M S M W M M S M S

CO2 W W M W S W M W M W W M

CO3 W M M M W M W M S S W S

CO4 M S S S W M W W S M M S

Course Outline

UNIT I

Recap of language skills – vocabulary, phrase, clause, sentence. Fluency Building – word match, reading aloud, recognition of attributes, parts of speech in Listening and reading, listening – reading comprehension. LSRW in Communication – Listening – active vs passive (Talk less, listen more); Speaking - Speech vsenunication (mind your tone); Reading –Focus on the structure not on the theme alone; Writing – Precise, not only précis writing

Individual Communication – Self advertising – Over stating and under stating – Overcoming shyness – Writing curriculum vitae, Statement of Purpose – Talking about oneself; interview.

Intermediary Communication – Overcoming mental blocks, prejudices and hotspots of the addressee – telephone, teleconferencing, web chat – greeting, introducing –memos, reports, minutes, business correspondence.

UNIT II

Social Communication – Etiquette in LSRW – polite yet assertive, tackling questions, seeking permission, expressing gratitude – gender fair language – discourse and transactional analysis – empathy.

Practicals:

28

Unit 1: Listening Comprehension using audio programmes + creating audio files for speaking.

Unit 2: Group games and role pay

Unit 3: Create archives from different media for LSRW

Recommended Texts

● Windshuttle, Keith and Elizabeth Elliot.1999. Writing, Researching and Communicating: Communication Skills for the Information Age. 3rd Reprint. Tata McGraw-Hill. Australia

● Dignen, Flinders and Sweeney. English 365. Cambridge University Press

● Goleman, Daniel. 1998. Working with Emotional Intelligence. Bantam Books. New York

● Jones, Leo and Richard Alexander. 2003. New International Business English. Cambridge University Press

● I. Jayakaran. 2000. Everyone’s Guide to Effective Writing. 2 M Publishing International, Chennai.

Websites

www.tatamcgrawhill.com/digital_solutions/monippally

www.dictionary.cambridge.org

www.wordsmith.org

E-Books

https://www.pdfdrive.com/soft-skills-workshop-e12100128.html

https://www.pdfdrive.com/soft-skills-workshop-e16251117.html

https://www.pdfdrive.com/teaching-and-assessing-soft-skills-e27884429.html

29

DESH BHAGAT UNIVERSITY, MANDI GOBINDGARH Faculty of Legal Studies

Second Semester

Instructions for the Paper Setter

1. Maximum Marks: 100 (External Paper will be of 74 Marks & Internal assessment will be of 26 Marks)

2. Minimum Pass Marks for External Paper: 45% = 33 Marks in each Paper 3. Minimum Pass Marks in Internal Assessment: 45% = 12 Marks in each Paper. 4. The maximum marks for external each paper is 74 and the time allowed is 3 hours. 5. The question paper will consist of three Sections: A, B and C.

a) Section A will consists of Multiple Choice Questions (15 marks) There will be 15 MCQs with four options of answers. All the questions will be compulsory

and each question will carry 1 (one) mark. There will be no negative marking. OMR Sheets

will be provided to students for attempting this section.

b) Section B will consists of Short Answer Type Questions (24 marks) There will be 8 questions out of which 6 will have to be attempted. Each question will carry

4 (four) marks. The answer is to be given in about 150 words.

Paper Code Subject Internal

Assessme

nt

Ext.

Exam.

Max. Marks

BALLB(H)- 201 English- II 26 74 100

BALLB(H)- 202/

BALLB(H)- 202(A)

Punjabi - II/

Punjab History & Culture- II

26 74 100

BALLB(H)- 203 Political Science-II 26 74 100

BALLB(H)- 204 Sociology- II 26 74 100

BALLB(H)- 205 Law of Torts including Consumer

Protection Act, 1986

26 74 100

BALLB(H)- 206 Special Contract 26 74 100

DBPD-102 Personality Development 100 100

Total 156 544 700

30

c) Section C will consists of Essay Type Questions (35 marks) This section will cover 50% marks of the total marks. To cover the whole syllabus there will

be three questions (10 marks each) and one question (5 marks).

31

COURSE CODE: 201

COURSE NAME:ENGLISH- II

Course Outcomes: After completing this course, students will be able to:

CO1. Identify main ideas in professional and student writing, and describe overall effectiveness of authors’ techniques. CO2. Compose cohesive paragraphs and short essays with identifiable topics, clear organization, and grammatical sentences. CO3. Demonstrate the ability to revise in stages and to discover errors and correct them.

CO/PO Mapping

(S/M/W indicates strength of correlation) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 M M W M M M M M M S W S

CO2 W M M M S S M M M S M S

CO3 W W M S S W S S S M M M

Course Outline

Unit- I

Drama Antigone- Sophocles The Crucible- Arthur Miller

Prose No man is an Island- Minno Masani Of studies- Francis Bacon Writing Skills

Precis Writing Paragraph Writing Report Writing Antonyms & synonyms and Idioms & Proverbs One word substitute

Unit- II Grammar Voice Narration Tenses (subject- Verb Agreement)

32

Formation of Words Common error in English

Poetry of Law Legal Reform- Thomas Gunn The Hanging Judge- Eavan Boland Punishment- Seamus Heaney The Ring and the Book- Robert Browning Hamatreya- Ralph Waldo Emerson

SUGGESTED READINGS

Miller Arthur, The Crucible, Penguin Classics Sophocles, Antigone (Translated by Reginald Gibbons), Oxford University Press, London (2003) Bibu, Douglas, Longman Student’s Grammar of Spoken English, Lognman (2001) Bllomfield, Leonard, Language, University of Chicago Press (1984)

E-Books

https://www.pdfdrive.com/effortless-english-learn-to-speak-english-like-a-native-

e39601624.html

https://www.pdfdrive.com/improve-your-english-english-in-everyday-life-e807715.html

https://www.pdfdrive.com/english-language-arts-english-language-development-

framework-e24217471.html

33

COURSE CODE:BALLB(H)- 202

COURSE NAME: PUNJABI (LANGUAGE PAPER-II) Course Outcomes: On completion of this course, the student will be able to: CO1: Understand Punjabi language and Punjabi culture through the writing of well known writers of Punjabi. CO2: Develop the Composition skills.

CO/PO Mapping

(S/M/W indicates strength of correlation) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 S W W W W W W M W M W M

CO2 W W W W W S S M W S S S

Course Outline

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2. ( ),

– ਅ

1. –

2. :

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2. – : , , , , , , ,

3. : , ( , )

34

COURSE CODE:BALLB(H)- 202(A)

COURSE NAME: PUNJAB HISTORY AND CULTURE Course Outcomes: On completion of this course, the student will : CO1: Familiarize with the Sikh traditions from the sixth master to tenth master. CO2: Analyse significant debates on Punjab Studies globally.

CO/PO Mapping

(S/M/W indicates strength of correlation) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 M W M W W S S M W S S S

CO2 W M M M W W W M W W M M

Course Outline

Unit- I 1. Guru Hargobind Singh’s new policy. 2. Foundation of Khalsa by Guru Gobind singh. 3. Impact of the foundation of the Khalsa on the society in Punjab. 4. Martyrdom of Guru Teg Bahadur.

Unit- II

5. Banda singh bahadur and his achievements. 6. Ranjit Singh’s rise to power, Civil and military administration 7. Development of language, Education and art in the Punjab during the medieval period. 8. Sikh struggle for sovereignty from 1716 to 1765. 9. Role of Dal Khalsa and misls.

E-Books

https://www.pdfdrive.com/society-and-culture-of-the-punjab-apnaorgcom-e18245489.html

https://www.pdfdrive.com/radical-politics-in-colonial-punjab-governance-and-sedition-

e162021511.html

35

COURSE CODE: BALLB (H)-202 COURSE NAME: POLITICAL SCIENCE (MAJOR PAPER-II)

Course Outcomes: On completion of this course, the student will be able to:

CO1: Understand political philosophy by examination of three fundamental concepts i.e.

freedom, consent and obligations to the state.

CO2: Analyse the concept of Political Obligation through various theories, types and

dimensions of a modern state.

CO3: Articulate the differences between the political, legal and social issues.

CO/PO Mapping

(S/M/W indicates strength of correlation) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 S W W W W W W W W W W W

CO2 S W W W W S W W W S W M

CO3 M W W M M S W W S S W S

Course Outline

Unit - I

Political System: meaning, definition and characteristics

Functions of Political System: Views of Almond and David Easton

Political Culture: Meaning, Characteristics and Types

Political Socialization: Meaning, Characteristics and Agencies

Rights: Meaning, Definition and Types

Duties: Meaning, Relationship between the Rights and Duties

Unit - II

Liberty: Meaning, Definition, Types and its Safeguards

Equality: Meaning, Definition, Types and Relationship between Liberty and Equality

Justice: Meaning and its various Dimensions

Social Change: Meaning, Definition and Characteristics

Democracy: Meaning, Characteristics and Types

36

Theories of Democracy: Liberal and Marxism

E-Books

https://www.pdfdrive.com/political-science-e20253839.html

https://www.pdfdrive.com/political-science-e12667273.html

https://www.pdfdrive.com/1-advances-in-political-economy-department-of-political-science-

e15615734.html

37

COURSE CODE: BALLB (H)- 204

COURSE NAME:SOCIOLOGY- II

Course Outcomes: On completion of this course, the student will be able to: CO-1: Understand and demonstrate how self develops through various process of interaction. Demonstrate how societal and structural factors influence individual behaviour. CO-2: Explain social change and the factors affecting social change. Realize the importance of cultural lag to understand social change. CO-3: Know the basic social institutions like family, marriage, kinship in a scientific way.

CO/PO Mapping

(S/M/W indicates strength of correlation) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 S W W W W W W W W W W W

CO2 S W W W W S W W W S W M

CO3 M W W M M S W W S S W S

Course Outline

Unit- I

Social Processes: Meaning Socialization: Meaning, Sociological theories (C. H. Cooley, G. H. Gead), Psychological Theory (Sigmund Freud); Agents of Socialization: family, peer group, school, media;

Adult Socialization, Resocialization Social Interaction: Verbal and Non-verbal Communication; Theories of Social

Interaction (Dramaturgical approach); the structure of social interaction (Status,

Role) Forms of Social Interaction (Cooperation, Competition, Conflict, Accommodation, exchange) Real vs Virtual Community

Culture: Meaning, components (Belief, Values, Norms, Language); Material culture

and Non Material culture, Subculture, Multiculturalism, Counterculture,

Ethnocentrism and

Cultural relativism; Theoretical analysis of culture: structural- functional analysis, social conflict analysis

Marriage: Meaning, cohabitation, live-in relationships, types: monogamy, polygamy,

same sex marriage. Divorce and its social consequences.

38

Unit- II

Family: Meaning, Forms of family: Cohabiting couples, Couples with no children, Nuclear families, Gay couples, Single parent families, Blended and binuclear families, Extended families. Dual worker families

Religion: Meaning, magic, cult, sect, elements of religion, the Functionalist (Durkheim) and Conflict perspective of Religion (Marx); Recent trends in Religion: Secularization.

Resocialization, Fundamentalism

Social Problems: meaning, causes and solution; Theoretical perspectives: functionalist, conflict, symbolic interactionism.

Contemporary Social Problems: Child Abuse, Elderly abuse, Problems of Youth (drug

addiction, unemployment, suicide), Problems of mentally challenged, Problems of

Disabled, problems of Adolescence, Problems of Working women, problems of

Transgender.

Suggested Readings: Ahuja Ram, 2003, Social Problems, Rawat Publications, New Delhi. Anna L. Guerrero, 2016, Social Problems: Community, Policy and Social Action. Sage Publications, London. Applerouth Scott & Edles Laura, 2011, Sociological Theory in the Contemporary Era, Sage. Bellantine Jeanne H., Roberts Keith A & Korgen Kathleen Odell, 2016, Our Social World, Introduction to Sociology, sage publications.

E-Books

https://www.pdfdrive.com/theoretical-sociology-a-concise-introduction-to-twelve-

sociological-theories-e184653337.html

https://www.pdfdrive.com/the-basics-of-sociology-e295985.html

https://www.pdfdrive.com/the-sociology-book-e157923200.html

39

COURSE CODE: BALLB(H)- 39 COURSE NAME: LAW OF TORTSAND CONSUMER PROTECTION ACT

Course Outcomes: On completion of this course, the student will be able to: CO1. To study the principles of Tortuous liability, The defenses available in an action for torts, the capacity of parties to sue and be sued and matters connection there with. CO2. To study and evaluate the specific torts against the individual and property. With rapid industrialization, inadequacy of the law to protect the individual is exposed. CO3. The students should reflect on the alternative forms, and also the remedies provided under the Consumer Protection Act, 1986.

CO/PO Mapping

(S/M/W indicates strength of correlation) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 S W W W W W W W W W W W

CO2 S W W W W S W W W S W M

CO3 M W W M M S W W S S W S

Course Outline

Unit – I

Torts-Evolution, Definition, Nature and Scope- Constituents of Torts. General Defences Principle of Liability in Torts Vicarious Liability. -State Liability. Strict Liability. Absolute Liability.

Unit- II

Negligence. Defamation. Nuisance. Consumer Protection Act, 1986. -Definition and Need of Consumer Protection -Consumer Rights under the Consumer Protection, Act 1986. -Redressal Mechanism under the Consumer Protection, Act 1986.

40

Suggested Readings D. D Basu : Law of Torts Rattan Lal Dhiraj Lal : Law of Torts R.K Bangia : Law of Torts Gurjeet Singh : Law of Consumer Protection in India

E-Books

https://www.pdfdrive.com/essential-tort-law-third-edition-e12706655.html

https://www.pdfdrive.com/principles-of-tort-law-fourth-edition-e41692422.html

https://www.pdfdrive.com/paper-iii-law-of-torts-and-consumer-protection-act-

e13836827.html

41

COURSE CODE: BALLB(H)-206 COURSE NAME: SPECIAL CONTRACTS

Course Outcomes: On completion of this course, the student will be able to: CO1: Define and understand the concept of special contracts and their essentials. CO2: Explain the laws related to Contact in India. CO3: Explore practical expects and applicability of contract laws in various arenas. CO4: Inculcate the skills of drafting of agreements and various deeds. CO5: Identify the problems and loopholes in present law.

CO/PO Mapping

(S/M/W indicates strength of correlation) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 S W W W W W W W W W W W

CO2 S W W W W S W W W S W M

CO3 M W W M M S W W S S W S

CO4 S S S M S S W W S S S M

CO5 S S M M S S W W S S W W

Course Outline

Unit-I Contract of Indemnity and Contract of Guarantee,

Bailment – Essentials- Duties of Bailee- Rights of Bailee - Pledge- Rights of Pawnee

Agency – Agent and Principal, Creation and Revocation of Agency, Ratification, Personal

Liability of Agents

Sale of Goods Act, 1930

- Sale and Agreements to Sell (Section 4)

- Contract of Sale – How made? (Section 5)

- Conditions and Warranties (Sections 12 to 17)

- Transfer of Property in Goods (Sections 18 to 24)

- Transfer of Title (Sections 27 to 30)

Unit-II

- Performance of the Contract of Sale of Goods (Sections 31 to 37 and 42 to 44).

42

- Unpaid Seller (Section 45)

- Unpaid Seller’s Lien (Sections 47,48,49)

- Stoppage in Transit (Sections 50,51,52)

- Right to Resale (Sections 53,54)

- Suits for Breach of the Contract (Sections 55 to 60)

- Sale by Auction (Section 64)

Indian Partnership Act, 1932

- Essentials of Partnership (Sections 4,5 &6)

- Implied Authority of a Partner (Sections 18,19 &20)

- Holding Out (Section 28)

- Position of Minor in the law of partnership (Section 30)

- Modes of Dissolution of Firm (Sections 39 to 44)

- Registration of Firm (Section 56 to 59, Section 69)

Suggested Readings

Anson’s Law of Contract : A.G. Guest (ed.)

Law of Contract : Avtar Singh

Law of Contract : R.K. Bangia

Mulla on the Indian Contract Act : S.K. Dalal (ed.)

Partnership Act and Sale of Goods Act : D.F. Mulla

Principles of Mercantile Law : Avtar Singh

Sale of Goods Act : R.K. Bangia

E-Books

https://www.pdfdrive.com/special-provisions-route-139-contract-no-001970190-contract-2-

e20875835.html

https://www.pdfdrive.com/economic-analysis-of-contract-law-incomplete-contracts-and-

asymmetric-information-e158410463.html

https://www.pdfdrive.com/contract-law-e20720112.html

43

COURSE CODE: DBPD-102 COURSE NAME: PERSONALITY DEVELOPMENT

Course Outcomes: This course makes the students groom their personality and prove

themselves as good Samaritans of the Society. This course consists of individual or in-group class presentations pertaining to the applications of concepts, Theories or issues in human development. On completion of the course students will be able to

CO1: Develop an orientation towards business etiquettes and the proper etiquette practices for different business scenarios. CO2: Learn the etiquette requirements for meetings, entertaining, telephone, and Internet business interaction scenarios. CO3: Minimize nervousness while in social situations.

CO/PO Mapping

(S/M/W indicates strength of correlation) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 W M W W S S W S S S M S

CO2 W S W W S S W S S S M S

CO3 W S W W M S W S S S M S

Course Outline

Group I

Personality: Physical Appearance; Body Language; Voice; Communication Style; Content of Communication; Enriched Communication through Sensory Specific Language.

Business Style and Professional Image: Dress Codes, Guidelines for Appropriate Business Attire - Differentiate among the dressy casual, semi-formal, formal and black tie dress code, Grooming for Success, Multi-cultural Dressing. Impression Management: The Private Self, Worrying about Impressions. Creating Rapport, Powerful Persuasion Strategies.

Group II

Assertiveness Training: Concept of Assertiveness, Components of Assertive behavior, Rational-emotive Assertiveness Training, Handling Fear, Handling Anger, Handling Depression, Assertive Behaviour Skills, How to Handle Put-downs, Assertiveness on the Job,

44

Assertiveness in Interpersonal Relations, Assertiveness in Everyday Commercial Situations, Assertiveness and Others.

Interpersonal Relations: Introduction to Interpersonal Relations, Analysis Relations of different ego states, Analysis of Transactions, Analysis of Strokes, Analysis of Life position.

Business Etiquette: The ABC’s of Etiquette, Developing a Culture of Excellence, The Principles of Exceptional Work Behavior, The Role of Good Manners in Business, Enduring Words. Making Introductions and Greeting People: Greeting Components, The Protocol of Shaking Hands, Introductions, Introductory Scenarios, Addressing Individuals. Meeting and Board Room Protocol: Guidelines for Planning a Meeting, Before the Meeting, On the Day of the Meeting, Guidelines for Attending a Meeting - For the Chairperson, For Attendees, For Presenters. Multi - cultural Etiquette: Examples of Cultural Insensitivity, Cultural Differences and their Effects on Business Etiquette.

Group III

Stress Management: Introduction to Stress, Causes of Stress, Impact Management Stress, Managing Stress. Conflict Management: Introduction to Conflict, Causes of Conflict, Management Managing Conflict. Time Management: Time as a Resource, Identify Important Time Management Wasters, Individual Time Management Styles, Techniques for better Time Management.

Note: The entire course must be taught using a hands-on approach.

Learning Resources:

Text Books:

1. Business Etiquette in Brief by Ann Marie Sabath, Adams Media Corporation, South Asian Edition

2. Basic Managerial Skills for All by E. H. McGrath, S. J., PHI

3. Personality Development and Soft Skill, Mitra, Barun, Oxford University Press.

Recommended Books:

Business Etiquette by David Robinson, Kogan Page

Develop your Assertiveness by Sue Bishop, Kogan Page

Supplementary Reading Material:

How to deal with Stress by Stephen Palmer & Cary Cooper, Kogan Page India Pvt. Ltd., South Asian Edition

Successful Time Management by Patrick Forsyth, Kogan Page

How to manage meetings by Alan Barker, Kogan Page

Websites:

45

www.mindtools.com

www.e-learningcenter.com

www.stevepavlina.com

www.personalitydevelopment-leidenuniversity.in

Journals: Leadership Excellence

E-Books

https://www.pdfdrive.com/personal-development-gods-way-e18900951.html

https://www.pdfdrive.com/personality-development-english-e40395695.html

https://www.pdfdrive.com/develop-your-leadership-skills-develop-yourself-as-a-leader-lead-at-a-strategic-level-grow-leaders-in-your-organisation-sunday-times-creating-success-e162154203.html

46

DESH BHAGAT UNIVERSITY, MANDI GOBINDGARH Faculty of Legal Studies

Semester Third

Course code Title of the Course Marks

External Internal Total

BALLB(H)- 301 History-I (Minor) 26 74 100

BALLB(H)- 302 Sociology –III (Minor) 26 74 100

BALLB(H)- 303 Political Science-III (Major) 26 74 100

BALLB(H)- 304 Constitutional Law-I 26 74 100

BALLB(H)- 305 Family Law-I 26 74 100

BALLB(H)-306 Law of Crimes- I (Indian Penal Code)

26 74 100

TOTAL 136 444 600

Instructions for the Paper Setter

1. Maximum Marks: 100 (External Paper will be of 74 Marks & Internal assessment will be of 26Marks)

2. Minimum Pass Marks for External Paper: 45% = 33 Marks in each Paper 3. Minimum Pass Marks in Internal Assessment: 45% = 12 Marks in each Paper. 4. The maximum marks for external each paper is 74 and the time allowed is 3 hours. 5. The question paper will consist of three Sections: A, B and C.

a) Section A will consists of Multiple Choice Questions (15 marks)

There will be 15 MCQs with four options of answers. All the questions will be compulsory

and each question will carry 1 (one) mark. There will be no negative marking. OMR Sheets

will be provided to students for attempting this section.

b) Section B will consists of Short Answer Type Questions (24 marks) There will be 8 questions out of which 6 will have to be attempted. Each question will

carry 4 (four) marks. The answer is to be given in about 150 words.

c) Section C will consists of Essay Type Questions (35 marks) This section will cover 50% marks of the total marks. To cover the whole syllabus there will

be three questions (10 marks each) and one question (5 marks).

47

COURSE CODE:BALLB- 301

COURSE NAME: HISTORY PAPER I: INDIAN HISTORY

Course Outcomes: On completion of this course, the student will be able to: CO1: Understand the administration of justice during different empires and during British period. CO2: Analyse ancient social religious consciousness in India.

CO/PO Mapping

(S/M/W indicates strength of correlation) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 S W W W W W W W W W W W

CO2 S W W W W S W W W S W M

Course Outline

Unit-I

Introduction

i) History, its meaning, purpose and methodology, historiography ii) Rewriting of history – the controversy Ancient India (i) Theory of Kingship, Nature of State and Administrative apparatus: Vedic Polity, Mauryan Polity and Gupta Polity. (ii) Nature of society and economy in the Vedic time and the changes that took place in 6 th century B.C., in the Mauryan period and the Gupta period: Vanashram Dharma, Position of Women, Guilds, Feudalism. (iii) The concept of Justice and Judicial systems in ancient India, (a) Concept of Dharma and sources of Dharma – Veda, tradition and good custom, (b) Dharma Sutras, Dharma Shastras (Manu Smriti, Yajnavalkya, Narada and other Smritis), Commentaries and Digests, (c)The Scope and method of interpretation of Law in Ancient India and conflict between texts: (1) Dharma and custom (2) Dharma and Royal Ordinances (3) Judicial System Types of courts, Procedures

Unit-II Pre Mughal period of Medieval India

(i) Theory of Kingship, nature of State and administrative apparatus in medieval India (ii) The nature of society, economy and agrarian structure in the medieval period; Bhakti and Sufi Movement

48

Pre and Post Mughal Period (a)Legal systems and Institutions Sources of Islamic law, Salient feature of Islamic criminal law (b)Judicial Organisation: King, Chief Qazi, Judicial officers and Punishments (c) Law with regard to non Muslims Changes introduced by Akbar

Unit-III

Age of Muslim dominance – consolidation of kingdom to cover Indian sub continent –

dynasty – religious confabulations – economic history of Mughal period – administration of

justice

Decline of Muslim rule and rise of British Empire:

Unit-IV Early British Rule and social reform movement:

Freedom movement:

Suggested Readings:

1. E.H.Carr, What is History? 2, Arthur Marwick, Nature of History. 3. Romila Thapar, Past and Prejudice. 4. Romila Thapar, Early India. 5. R.S. Sharma, Aspects of Political ideas and Institutions in Ancient India. 6. R.S. Sharma, Sudras in Ancient India 7. R.S. Sharma,Material culture and Social formation. 8. Robert Lingat, The Classical Law of India. 9. J.D.M. Derrett, Religion law and state in India. 10. Satish Chandra, Medieval India Vol. I & Vol. II.

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49

COURSE CODE: BALLB- 302

COURSE NAME:SOCIOLOGY- III

Course Outcomes:On completion of this course, the student will be able to: CO1: Demonstrate social, economic, political transformation of Indian society under colonial rule. CO2: Realize the basic issues of Indian society like unity in diversity, problems of nationalism and principles of Indian Constitution. CO3: Analyse Urbanization and its impact on social, economic, political, cultural spheres

CO/PO Mapping

(S/M/W indicates strength of correlation) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 W M M S S M M M W S M S

CO2 S M M S M S M S M S S S

CO3 M S M M S S M S M M S S

Course Outline

Unit-I

1. The textual and the field view of Indian society: the significance of the field view; the interface between the present and the past.

2. The structure and composition of Indian society: villages, towns, cities; rural-urban linkages, tribes, weaker section, Dalits, women and minorities, population profile and related issues.

3. Cultural and ethnic diversity: historically-embedded diversities in respect of language case, religious belief and practices and cultural patterns. Basic institutions of Indian society: caste, kinship, family, marriage, religion; caste and class; changing dimensions.

4. Convergence and integration: the sharing of material traits, cultural space, language and regional ethos; the evolution of composite cultural legacy; change and transformation in Indian society; nation-building and national identity;

Unit-II

50

5. Dimension of Social Change – urbanization and family change – subalterns, Dalits and social transformation – sanskritization – 6. Rural society: concepts, agrarian social structure, social stratification – changing rural society – agrarian unrest - Peasant Movements; Movements of pre-independence and post independence period. Environmental Movements, Students movements, Dalit Movement and Women’s Movement. 7. Sociology of Law in India: Law and Disadvantaged Group: Issue of Reservation Caste and Women’s Empowerment. Law and Social Change: Approaches and concepts to understand the process of social change in India. Social Perception of law in the globalize era. Social role of Judiciary: Legal profession and Indian society. Public Interest Litigation. Suggested Readings: 1. Bose, N.K.1967, Culture and Society in India. Bombay : Asia Publishing House. 2. Bose, N./K.1975: Structure of Hindu Society. New Delhi. 3. Dube.S.C.1990 : Society in India (New Delhi: National Book Trust) 4. Dube.S.C.1995 : Indian Village (London : Routledge) 5. Dube.S.C.1958 : India’s Changing Villages (London: Routledge and Kegan Paul) 6. Indra Deva, 2005: Sociology of Law (New Delhi: Oxford University Press) 7. Karve, Irawate, 1961 : Hindu Society : An Interpretation (Poona : Deccan College) 8. Lannoy, Richard, 1971 : The Speaking Tree : A Study of Indian Society and Culture (Delhi: Oxford University Press) 9. Mandelbhaum, D.G., 1970 : Society in India (Bombay:Popular Prakasham) 10. Srinivas, M.N., 1980 : India : Social Structure (New Delhi : Hindustan Publishing Corporation) 11. Srinivas, M.N., 1963 Social Change in Modern India (California, Berkeley : University of California Press) 12. Singh, Yoogendra, 1973: Modernization of Indian Tradition (Delhi : Thomson Press) 13. Shah. Ghanshyam. 2004 : Social Movements in India(Sage: New Delhi) 14. Uberoi, Patricia, 1993 : Family, Kinship and Marriage in India (New Delhi : Oxford University Press).

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51

COURSE CODE:BALLB- 303

COURSE NAME:POLITICAL SCIENCE- III (MAJOR)

Course Outcomes:On completion of this course, the student will be able to: CO1: Student will understand the evolution, scope and significance of international relations and the rise of sovereign state system CO2: To analyse the history of international relational through the causes and phases of colonialism. CO3: To appreciate the foreign policy their determinants features& its relevance. CO4: To critically analyze the Indian’s bilateral relations with major power and neighboring countries

CO/PO Mapping

(S/M/W indicates strength of correlation ) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 M M M S W M M W M S M S

CO2 M S W S M M S M W S W S

CO3 W M W M M M M M M M M M

CO4 M S M S S M S M M S M s

Course Outline

Unit-I

1. Introduction to Industrial Relations - Evolution of State as a player in Industrial Relations - Industrial Relations in ancient, medieval and modern periods - relationship between International Relations and International Law. 2. Theories of International Relation - Moralist Theory - Merits and Demerits - Liberalism and International Relations - merits and demerits - Realist theory merits and demerits - Marxian theory merits and demerits - Neo-realist and neo- liberalist theories of modern World – Alternative approaches to Theories of International Law. 3. Feminist, Post-colonial, Post-modern theories - concept of Political power - Importance and relevance of political power of the state - concept of National power - Elements of national power - Limitations on national power. 4. Role of political power in International Relations - struggle for political power - consolidation of political power - war as a method of wielding power - (military, economic and cultural) imperialism in I.R. - Two World Wars and their impact. 5. Balance of Power in I.R. - Patterns of Balance of Power - Methods of Balance of Power - Divide and rule - compensations - Armament - Alliances - Importance and relevance of Balance of Power.

Unit-II 6. Balance of Power and International morality - Balance of Power and World Public opinion - Balance of Power and International Law – Ideological differences and Balance of Power – Bipolar World - Cold War - end of Cold War

52

7. Diplomacy - functions of diplomacy - future of diplomacy - types of diplomacy - Diplomacy and Terrorism - contemporary developments – U.N’s role in international peace & security. 8. Globalization and international relations - Theories of Globalization (Realists, Liberalists, Marxist and Constructivist), Role of Science and Development in International Relations and their impact on Globalization. 9. Contemporary issues of International Relations - Non-State actors - Terrorism - Environmental issues - Nuclear proliferation - Global trade and finance - Poverty and development - Human Security - Human rights – International Humanitarian Laws and interventions. Suggested Reading: 1. Hans J. Morgenthau, Politics Among Nations: The Struggle for Power & Peace, Kalyani Publishers (Indian Reprint), ND 1997. 2. Norman D. Palmer & Howard C. Perkins, International Relations: The World Community in Transition, CBS Publishers & Distributors, ND, 1985 3. John Baylis, Steve Smit & Patricia Owens, The Globalization of World Politics, OUP, London, 4th ed. 2008. 4. Charls W. Kagley JR & Eugene R. Wittkopt, World Politics: Trend & Transformation, 4th ed. St. Martins Press, N.Y. 1993. E-Books

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53

COURSE CODE: BALLB(H)-53 COURSE NAME: CONSTITUTIONAL LAW-I

Course Outcomes- CO1: Student will understand the history and development of basic values and philosophy of Indian Constitution. CO2: The course is designed to enable the students to understand constitutional set ups in the state and their functioning, position of President and Prime Minister in centre and Governor and Chief Minister in states. CO3: Assessing Judicial Activism in India with reference to state and centre power.

CO/PO Mapping

(S/M/W indicates strength of correlation ) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 S M S S W S M S M S M S

CO2 S M S S M S M M W S M S

CO3 M S M M M M S S M S M M

Course Outline

Unit-I

Constitutional History of India Definitions and sources of Constitution Salient Features of the Constitution of India Union and its Territory (Art 1-4) Preamble Citizenship:

Citizenship of India at the Commencement of the Constitution

Citizenship after the commencement of the Constitution

Modes of Acquisition of Citizenship

Termination of Citizenship of India Union Executive:

Executive powers of the Union

Qualification for election as President

Procedure for impeachment of the President

Powers and Position of the President

The office of the Vice-President of India8

54

The Prime Minister and Council of Ministers State Executive:

The Governor

Executive Powers of the Governor

Powers of Governor

The Chief Minister and Council of Ministers

Unit-II Definition of State (Art. 12) Judicial Process under the Constitution:

The Union Judiciary

The Supreme Court

Constitution of Supreme Court

Procedure for Judicial Appointments

Jurisdiction of Supreme Court The State Judiciary:

The High Courts

Constitution of High Courts

Appointment of Judges

Jurisdiction of the High Courts

Writs Unit-IV Union Legislature:

The Parliament

Composition of Parliament

Officers of Parliament

Disqualification of Members

Powers, Privileges and Immunities of Parliament and its Members

Legislative Procedure

Procedure in Financial Matters and Procedure Generally State Legislature:

Composition of the State Legislature

Disqualification of Members

Legislative Procedure

Procedure in Financial Matters and Procedure Generally Emergency Provisions:

National Emergency

State Emergency

Financial Emergency Suggested Readings:

Narendra Kumar: Constitutional Law of India

J.N. Pandey: Constitutional law of India

M.P. Singh (Ed): Shukla’s Constitution of India, Eastern Book Co., Lucknow

M.P Jain: Indian Constitutional Law

55

D.D. Basu: Shorter Constitution of India, Prentice Hall of India, New Delhi

Keshavnanda Bharti v. State of Kerala AIR 1973 SC 1461 E-Books https://www.pdfdrive.com/the-constitution-of-india-ministry-of-law-and-justice-e17661213.html https://www.pdfdrive.com/law-and-democracy-in-contemporary-india-constitution-contact-zone-and-performing-rights-e187268621.html https://www.pdfdrive.com/a-peoples-constitution-the-everyday-life-of-law-in-the-indian-republic-e189977166.html

56

COURSE CODE: BALLB(H)-305 COURSE NAME: FAMILY LAW- II

Course Outcomes:On completion of this course, the student will be able to: CO1:Family law examines historical and social contexts that have influenced the modern definition and regulation of families. CO2:To understand the concept of marriage divorce etc. through touching in depth the codified and uncodified portions of Hindu law and Muslim law. CO3:Students will develop the skills to understand completely the law relating to Maintenance in family to all the dependents.

CO/PO Mapping

(S/M/W indicates strength of correlation ) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 W S M S M M S S M M S M

CO2 S M M M S S M S M S S S

CO3 M S S S S S M M M S S S

Course Outline

Unit-I Sources of Hindu Law and Muslim Law -Custom, Equity, Legislation, Jurisprudential Aspects Particularly In Relation To Personal Laws Application of Hindu Law, Muslim Law

Nature of Marriage under Hindu Marriage Act, Special Marriage Act, Muslim Law

Requirement and solemnization of valid marriage under Hindu Marriage Act, Special

Marriage Act, Muslim Law

Restitution of Conjugal rightsunder Hindu Marriage Act, Special Marriage Act. Unit-II Under Hindu Marriage Act, Special Marriage Act & Muslim Law

Nullity of Marriage

Judicial separation

Divorce

Divorce by Mutual Consent

Irretrievable Breakdown of Marriage Unit-III

57

Maintenance under Hindu Law, Hindu Adoption & Maintenance Act, 1956

Maintenance under Muslim Law

Maintenance under Special Marriage Act, 1954

Maintenance under Sec. 125 of Cr. Pc

The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 Unit-IV

Prohibition of Child Marriage Restraint Act, 2006

Live in Relationship

Salient Features of Hindu Law of Adoption

Inter-Country Adoption

Acknowledgement of Legitimacy under Muslim Law Suggested Readings: 1. Paras Diwan : Hindu Law, Allahabad Law Agency, Allahabad. 2. Dr. R.K. Sinha : Muslim Law 3. Mulla : Principles of Mohammedan Law, Universal Book Traders, Delhi. 4. A A A Fayze : Outlines of Mohammedan Law 5. Mayne’s : Treatise on Hindu Law & Usage 6. Mulla’s : Principle of Hindu Law 7. B.M Gandhi : Hindu Law, Eastern Book Company, Lucknow 8. M.A Qureshi: Muslim Law 9. B.K. Sharma: : Hindu Law 10. 217 th Report of Law Commission of India on Irretrievable Breakdown of Marriage – Another Ground for Divorce 11. Gurbux Singh v. Harminder Kaur AIR 2011 SC 114. 12. Rupa Ashok Hurra v. Ashok Hurra AIR (2002) 4 SCC 388. 13. Seema v. Ashwini Kumar AIR 2006 SC 1158

58

COURSE CODE:BALLB(H)- 306

COURSE NAME: Law of Crimes- I (Indian Penal Code)

Course Outcomes: On completion of this course, the student will be able to: CO1: The students will understand the meaning of crime and its effect on society. CO2: The students will demonstrate the understanding of various provision of Indian Penal Code. CO3: The course is designed to understand the meaning of crime, methods to controlling them and a study of range of offences under Indian Penal Code.

CO/PO Mapping

(S/M/W indicates strength of correlation ) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 S M M S S S S M M M M S

CO2 S M M M S S W W M W M M

CO3 S M S S S M M M M M M M

Course Outline

Unit-I

Crime: meaning and definition, elements of crime & stages of crime. Application and jurisdiction (sections 1 -5) Of punishments (sections 53-75) Concept of joint and constructive liability (section 34, 38 & 149),

difference between section 34 and 149. Unit-II

General exceptions: Mistake of fact (section76&79) Judicial acts (section 77&78) Accident and misfortune (section 80 & 81) Infancy (section 82 & 83) Insanity (section 84) Intoxication (section 85 & 86) Consent (sections 87 –94) Trivial acts (section 95) Private defence (section 96-106)

Unit-III

Abetment (section 107-120) Criminal conspiracy (section 120 A-section 120B) Offences against state: waging war (section 121-130), sedition (section 124A) Offences against public tranquility (section 141-160): unlawful

assembly, riot, affray, promoting enmity between classes. False evidence & offences against public justice (section 191-229)

59

Hurt and grievous hurt (section 319-325 Wrongful restraint & wrongful confinement (sections 339-342)

Unit- IV

Homicide (section299 –309): culpable homicide, murder, death by negligence, attempt to commit murder& culpable homicide, suicide & dowry death, Criminal force & assault

Sexual offences: rape & unnatural offences (section375 –377) Offences against property: Theft, extortion, robbery & dacoity Criminal misappropriation & breach of trust, receipt of stolen property Cheating (section 415-420) Criminal trespass (section 441-462) Kidnapping & abduction Offences relating to marriage (sections494 -498A): mock marriages,

bigamy, adultery, criminal elopement, cruelty by husband or relatives. Defamation (section 499 –502) Criminal intimidation, insult & annoyance (section 503 –509) Attempt : the law of inchoate crime(section 511).

Suggested Readings:

1. Rattan Lal Dhiraj Lal; The code of Criminal Procedure (Student edition).

2. R.B.Kelkar’s; Criminal Procedure Code. 3. M.B. Pranjapee ; Criminology and Penology. 4. R.B. Sethi; The Probation of Offenders Act, 1958. 5. D.D.Basu; Criminal Procedure code-II. 6. Woddroffe; Commentarires on Code of Criminal Procedure, 2 Volumes. 7. K.N. Chandrashekharan Pillai (ed.) Kelkar’s Lectures on Criminal Procedure. 8. S. C. Sarkar: The Law of Criminal Procedure. 9. H.S. Gour: Penal Law of India 10. T. Bhattacharya: Indian Penal Code 11. S. N. Mishra: Indian Penal Code 12. K. D. Gaur: Indian Penal Code

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60

DESH BHAGAT UNIVERSITY, MANDI GOBINDGARH Faculty of Legal Studies

Semester Fourth

Course code Title of the Course Internal Assessment

Ext. Exam.

Max. Marks

BALLB(H)- 401 History-II(Minor) 26 74 100

BALLB(H)- 402 /BALLB(H)- 402(A)

Punjabi - III/ Punjab History & Culture- III/ (Language Paper-III)

26 74 100

BALLB(H)- 403 Political Science-IV(Major) 26 74 100

BALLB(H)- 404 Constitutional Law- II 26 74 100

BALLB(H)- 405 Family Law- II 26 74 100

BALLB(H)- 406 Law of Crimes- II (Criminal Procedure code)

26 74 100

Total 156 444 600

Instructions for the Paper Setter

1. Maximum Marks: 100 (External Paper will be of 74 Marks & Internal assessment will be of 26Marks)

2. Minimum Pass Marks for External Paper: 45% = 33 Marks in each Paper 3. Minimum Pass Marks in Internal Assessment: 45% = 12 Marks in each Paper. 4. The maximum marks for external each paper is 74 and the time allowed is 3 hours. 5. The question paper will consist of three Sections: A, B and C.

a) Section Awill consists of Multiple Choice Questions (15 marks) There will be 15 MCQs with four options of answers. All the questions will be compulsory

and each question will carry 1 (one) mark. There will be no negative marking. OMR Sheets

will be provided to students for attempting this section.

b) Section B will consists of Short Answer Type Questions (24 marks) There will be 8 questions out of which 6 will have to be attempted. Each question will

carry 4 (four) marks. The answer is to be given in about 150 words.

c) Section C will consists of Essay Type Questions (35 marks) This section will cover 50% marks of the total marks. To cover the whole syllabus there will

be three questions (10 marks each) and one question (5 marks).

61

COURSE CODE: BALLB(H)- 401

COURSE NAME: HISTORY II (MINOR)

Course Outcomes: On completion of this course, the student will be able to: CO1: students will acquire knowledge about historiography of Ancient India. The history of Delhi Sultanate is thoroughly described in this portion. Students can gather knowledge regarding Sultanate administration, socio-cultural –political situation of Delhi under Sultanate. CO2: learn about formation, expansion and consolidation of Mughal Empire.

CO/PO Mapping

(S/M/W indicates strength of correlation) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 S M W M W W W W W M W M

CO2 S M W W W S W W W S W M

Course Outline

Unit-I

The Delhi Sultanate: Theories of Kingship; Powers and Functions of the Sultan;

Central, Provincial and Local administration; Features of the Judicial System; Position

of Women with special reference to their legal status and property rights.

Taxation in the Delhi Sultanate: Beginnings in the form of a tribute; imposition of land tax and other kinds of taxation; changes under successive rulers; Features of the

Iqta System. State under Afghan Rule: Polity under the Lodhis; Land Revenue system

of Sher Shah Suri. Unit-II

The Mughal State: New concept of monarchy, Mansabdari and Jagirdari systems;

crises on the jagirdari system; the administration of justice, state and religion; caste

and gender.

Land Revenue system of the Mughals: Method of assessment and machinery of collection; Agrarian community; Agrarian crises.

Different explanations for the decline of the Mughal empire

The State and Economy under the Marathas: Agrarian Land System, Taxation, Role of

Deshmukhs.

Suggested Readings:

62

Satish Chandra, Medieval India: From Sultanate to the Mughals, 2 vols, Har-Anand

Publications, New Delhi, 2003. J.F. Richards, The Mughal Empire, CUP/Foundation Books, New Delhi. I.H.Qureshi, The Administration of the Sultanate of Delhi, Munshiram Manoharlal, New Delhi, (Rep.), 1971. I.H.Qureshi, The Administration of the Mughal Empire, Janaki Prakashan, Patna, (Rep.), 1979. A.L. Srivastava, History of India 1000-1707, Central Book Depot, Allahabad, 1972. Ishwari Prasad, History of Medieval India, Central Book Depot, Allahabad, 1945. K.S. Lal, History of the Khaljis, Central Book Depot, Allahabad, 1950. Jadunath Sarkar, A Short History of Aurangzib, Orient Longman, Calcutta, 1979. S.A.A. Rizvi, The Wonder that was India, Vol. II, Rupa, New Delhi, (Rep.) 2002. Irfan Habib, The Agrarian System of Mughal India, OUP, New Delhi, 1999.

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63

COURSE CODE:BALLB- 402

COURSE NAME:PUNJABI (LANGUAGE PAPER-III)

Course Outcomes: On completion of this course, the student will be able to: CO1: Understand the history and principles of Gurmat Kav. CO2: Understand the meaning of Japji Sahib. CO3: Understand basic theory, history and tendencies of the sacred poetry of Sikh Gurus and Bhagatas, as contained in Shri Guru Granth Sahib-sacred scripture of the Sikh religion.

CO/PO Mapping

(S/M/W indicates strength of correlation ) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 W S W W W S S M W S M S

CO2 W M W M W S S M W S M S

CO3 W M W W W S S M W S M S

Course Outlin

64

COURSE CODE:BALLB- 402(A)

COURSE NAME: PUNJAB HISTORY AND CULUTURE-III-

Course Outcomes: On completion of this course, the student will be able to: CO1 Interpret crucial debates on identity and religion in the late-nineteenth century and early-twentieth century and how they have a significant bearing on contemporary debates on religion and politics. CO2: Analyse significant debates on Punjab Studies globally.

CO/PO Mapping

(S/M/W indicates strength of correlation) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 M S W M W M W M W S W S

CO2 W M W M M W W M W S W S

Course Outline:

UNIT-I

1 Alexander's invasion and its impact

2 Punjab under Mauryas

3 The Kushans and their contribution to the Punjab

4 The Punjab under the Gupta Emperors

UNIT-II

5 The Punjab under the Vardhana emperors

6 The Punjab from 7th Century to 1000 A.D.( A Survey of Political and socio-

cultural history of Punjab)

7 Development of Art and Architecture up to 1000 A.D.

8 Development of Education in Punjab up to 1000 A.D.

SUGGESTED READINGS:

1. L.M. Joshi (ed) : History and Cultural of the Punjab, Part-I

2. L.M. Joshi and Fauja Singh (ed) : History of Punjab, Vol. I

3. Buddha Prakash : Glimpses of Ancient Punjabn

4. R.N. Sharma: Life in Northern India

5. R.S. Tripathi: History of Ancient India

6. V.C. Pandey: Political and Cultural History of India

7. Romila Thapar: A History of India Vol -I

8. A.L. Basham: The Wonder that was India

9. Sukhninder Kaur Dhillon: The Religious History of Early Medieval Punjab

65

COURSE CODE:BALLB- 403

COURSE NAME:POLITICAL SCIENCE (MAJOR PAPER- IV)

Course Outcomes:On completion of this course, the student will be able to: CO1: Explaining the nature, scope and evolution of Public Administration; Private and Public Administration; Principles of Socialist Management. CO2: Discussing making of Public Policy Making and methods of Implementation CO3: Analysing the major Concepts in Public Administration. CO4: Studying the Organisation of the Union Government and State Government and examining the Institutions of Local Self Government in India

CO/PO Mapping

(S/M/W indicates strength of correlation) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 W S M S S M M W M M S M

CO2 M S M M S M M M M S M S

CO3 M M S M M M M M W M S S

CO4 S M M M M S M W M S M S

Course Outline

Unit-I

1. Meaning, nature and scope of public policy - making of public policies -constitutional basis for 2. Meaning, nature and scope of Public Administration in a State - Public & Private administration - Evolution of Public Administration in developed and developing countries. 3. Theories of Organization - Scientific Management - Bureaucratic theory of organization – Classic theory of organization - Human Relations theory of organization. 4. Principles of Organization - Hierarchy - Span of Control - Unity of Command -Centralised and decentralised administration. 5. Structure of Organization - I - Chief executive - functions of Chief Executive -Departments of fundamental units of administration - location of authority -Autonomy / independence and accountability of departments – Public enterprises/ Corporations as units of administration – Growth of public enterprises / Corporation in India - Autonomy and Accountability – Nature, scope and extent of ministerial control - Parliamentary Control, etc.

Unit-II

6. Structure of Organization - II - Boards and Commissions - Constitutional bodies – Finance Commission - UPSC - EC - BC / SC / ST Commissions – Field administration – Decentralized administration - 73rd & 74th ed.

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7. Management issues / concepts - Participative Management - Planning –Planning Commission - NDC - Planning under 73 rd & 74 th Amendments -Coordination - delegation - Audit & Accountability - O & M 8. Developed legislation - Quasi judicial and administrative powers -Administrative Tribunals - contemporary developments - 323A & B – Control over public administration - Executive, legislative & judicial. 9. Independent Regulatory Commissions - Growth of Regulatory Commissions in India - Impact of Globalization on Administration - TRAI, IDRA, ERA, SEBI, etc 10. Contemporary challenges of Public Administration – Right to Information –National Rural Employment Guarantee Act – Disaster Management Act –Protection of Human Rights Acat - Statutory Commissions (Women’s Commission / National Commissions for the Protection of the Rights of the Child / NHRC / SHRC) - Translating the recommendation of II ARC on good governance. Suggested Readings 1. Amreshwar Avasthi & Shriram Maheswari, Public Administration, New Delhi 2. Chaturvedi (Edited), Comparative Public Administration, I.I.P.A. New Delhi 3. Leonard D.White, Public Administration, Eurasia Publishing House, New Delhi 4. Bellone, Carl, J Organization Theory and the New Public Administration, Boston 5. Kriesberg, Martin (ed), Comparative Administrative Theory, Washington 6. Rhodes, R.A.W. Public Administration and Policy Analysis, Aldershort,

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COURSE CODE: LLB-404 COURSE NAME: CONSTITUTIONAL LAW- II

Course outcomes This course will orient students on constitutional rights and duties, perspective and remedies. On completion of this course, the student will be able to: CO1: Understand the different types of relationship between Centre and States and division of subject matter as according to the different lists. CO2: Interpret the meaning and scope of Fundamental rights India vis-à-vis their practical implementation on ground with case laws along with the restrictions on the freedoms. CO3: Understand the Constitutional Remedies protect against violation of fundamental and legal rights. They will also be able recognize the perspective of fundamental duties. CO4: Understand the directions to the legislature to make just and welfare laws and the procedure followed by legislature to amend the constitution.

CO/PO Mapping

(S/M/W indicates strength of correlation) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 W W W W W W W W M M W W

CO2 S M M W W S S W M S M S

CO3 S M S M W S S W M M W M

CO4 S S S W M S S W M W W M

Course Outline

Unit-I Relationship between the Union and States: Legislative, Administrative, Financial Introduction to Lists

Union List State List Concurrent List

Fundamental Rights: Laws inconsistent with or in the derogation of Fundamental Rights (Art.13) Fundamental Rights:

Right to Equality (Art. 14 to 18) Right to Freedom (Art. 19 to 22) Right against Exploitation (Art. 23 to 24) Right to Freedom of Religion (Art. 25 to 28)

Unit-II Fundamental Rights(Contd.):

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Cultural and Educational Rights (Art. 29 to 30) Right to Constitutional Remedies (Art. 32) Relationship between Fundamental Rights and Directive Principles

Fundamental Duties Civil Services under the Constitution (Arts. 309-311)

Recruitment and Conditions of Service of persons serving the Union or a State Tenure of Office, Doctrine of Pleasure Dismissal, Removal or reduction in rank of persons employed in civil capacities under

the Union or State Amendment of the Constitution (Art. 368) Freedom of Trade, Commerce and Intercourse (Art. 301 – 307) Suggested Readings: 1. Narendra Kumar- Constitutional Law of India 2. J.N. Pandey- Constitutional law of India 3. M.P. Singh (Ed) - Shukla’s Constitution of India, Eastern Book Co., Lucknow 4. M.P Jain - Indian Constitutional Law 5. D.D. Basu - Shorter Constitution of India, Prentice Hall of India, New Delhi 6. Keshavnanda Bharti v. State of Kerala AIR 1973 SC 1461 7. In Re-Presidential Reference AIR 1999 SC1

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COURSE CODE: BALLB(H)-405 COURSE NAME: FAMILY LAW- II

Course Outcomes: On completion of this course, the student will be able to: CO1: Appraise on the nature of property transaction that exist in Hindu family relations and the importance of ancestral property and karta in Hindu family. CO2: Students studying family law learn about concepts like Succession, Inheritance. CO3: Family law examines and compares personal laws. CO4: Students will gain skills of thinking, analysis, written and verbal presentation of ideas of argument.

CO/PO Mapping

(S/M/W indicates strength of correlation) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 W W W W W W W W M M W W

CO2 S M M W W S S W M S M S

CO3 S M S M W S S W M M W M

CO4 S S S W M S S W M W W M

Course Outline

Unit-I Joint Hindu Family Mitaksharaand Dayabhaga Schools

Formation and Incident under the Coparcenary Property under Dayabhaga and Mitakshara

Karta of Joint Family: Position, Powers and Privileges Alienation of coparcenary property Status of Hindu Joint Family Property after the Hindu Succession (Amendment) Act,

2005. Partition of Property

Subject matter of Partition Division of Property and Right of Division of Property Persons Entitled to Partition How Partition is effected ? Mode of Partition Re-opening of Partition Re-union

Principles of Inheritance under Hindu law

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The Hindu Succession Act, 1956 - Special and General Rules of Succession of a Hindu Male and Female dying Intestate

Stridhanand Women’s Estate Principles of Inheritance under Muslim Law

Unit-II Law of Property under Muslim Law

Hiba: Concept, Formalities, Capacity, Revocability Wasiyat: Concept, Formalities.

Guardianship and Custody Hindu Minority and Guardianship Act, 1956 - Kinds of guardian Rights of guardian Custody and Shared Parental Responsibility Paternity – Legitimacy and Acknowledgement in Muslim Law

Prescribed Legislations: Hindu Succession Amendment Act 2005 The Hindu Succession Act, 1956 Hindu Women’s Right to Property Act, 1937 The Hindu Inheritance (Removal of Disability) Act, 1928 Hindu Minority and Guardianship Act, 1956 Guardians And Wards Act, 1890 257th Report of Law Commission of India 2015-Reforms on Guardianship and custody in India Suggested Readings : 1. Dr. B.K Sharma, Hindu Law, Central law Publication, (4 th Edn. 2014) 2. Dr. M.A Quershi, Muslim Law, Central Law Publications, (4 th Edn. 2012) 3. Dr. Poonam Pardhan Saxena, Family Law –II, Lexis Nexis Publications, (3 rd Edn. 2011) 4. M. Hidayatulla and Arshad Hidayatulla, Mulla’s Principles of Mahomedan Law (19th Edn. 2006) 5. Mayne’s Treatise on Hindu Law & Usage (16th Edn. 2008) 6. Mulla, Principles of Hindu Law, Lexis Nexis, 2007 7. Paras Diwan, Modern Hindu Law, Allahabad Law Agency, 2012 8. Satyajeet A. Desai, Mulla’s Principles of Hindu Law, Vol. I & II (20th Edn. 2007) 9. Tahir Mahmood, Fyzee’s Outlines of Muhammedan Law (3rd Edn. 2008) 10. Tahir Mahmood, The Muslim Law of India, Law Book Company, 1980 Ranganath Misra (Rev.) E-Books: https://www.pdfdrive.com/hindu-law-e45305892.html https://www.pdfdrive.com/compiled-from-mayne-on-hindu-law-and-usage-sarvadhikaris-principles-of-hindu-law-of-e106762426.html https://www.pdfdrive.com/muslim-law-reforms-in-india-and-uniform-civil-code-e44931551.html https://www.pdfdrive.com/hindu-adoptions-and-maintenance-act-1956-e55505188.html

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COURSE CODE:BALLB- 406

COURSE NAME: Law of Crimes- II (Criminal Procedure code )

Course Outcomes: On completion of this course, the student will be able to: CO.1: Explain the powers, functions, and duties of police and criminal courts. CO.2: Identify the stages in investigation and procedure of trial in criminal cases. CO.3: To understand the concept of charge, bail provisions and rights of accused, pardon to an accomplice

CO.4: To understand the provisions related to Appeal, Revision and Reference in criminal courts. CO.5: Employ and promote adoption of humane and just practices in administration of criminal justice i.e. execution process.

CO/PO Mapping

(S/M/W indicates strength of correlation) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 W S M S S M M W M M S M

CO2 M S M M S M M M M S M S

CO3 M M S M M M M M W M S S

CO4 S M M M M S M W M S M S

CO5 S M M S W S W W S M W M

Course Outline

Unit-I Introduction and Investigation Object, Scope and Extent of Cr. P.C Definition, Constitution of criminal courts and their powers Arrest, Search and Seizure Processes to Compel Appearance Information to Police Power to Investigate Proceedings before Magistrate Jurisdiction of Criminal Courts in inquires and arrest Cognizance and initiation of proceeding before Magistrate Complaints to Magistrate and commencement of proceedings Public Order and Alimony Security for peace and good behaviour Maintenance of Public order and Tranquility Charge Trial by Session Court

Unit-II Trials Warrant Trial Mode of taking and recording Evidence Summons Trial in summons cases

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Summary Trial General provision as to Enquiries and Trial Judgment and plea bargaining Appeal, Revision, Reference and bail Appeals and Appellate Authorities in Criminal cases Revision Reference and inherent power of High Court Execution of Sentence Suspension, Remission and Commutation of SentencesProvision as to Bail Opportunity of hearing concept before criminal courts Limitation for taking cognizance Maintenance of Wife, Children and Parents Suggested Readings: 1. The Code of Criminal Procedure, 1973 2. Chandrasekharan Pillai, Kelkar Lecturer on Criminal Procedure, 1998 Eastern Book Co. 3. Ratan Lal & Dheeraj Lal, Cr.PC, Universal, Delhi 4. Woodroffe, Commentaries on Cr.P.C, 2000 Universal

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DESH BHAGAT UNIVERSITY, MANDI GOBINDGARH Faculty of Legal Studies

Fifth Semester

Instructions for the Paper Setter

1. Maximum Marks: 100 (External Paper will be of 74 Marks & Internal assessment will be of 26Marks)

2. Minimum Pass Marks for External Paper: 45% = 33 Marks in each Paper 3. Minimum Pass Marks in Internal Assessment: 45% = 12 Marks in each Paper. 4. The maximum marks for external each paper is 74 and the time allowed is 3 hours. 5. The question paper will consist of three Sections: A, B and C.

a) Section Awill consists of Multiple Choice Questions (15 marks)

There will be 15 MCQs with four options of answers. All the questions will be compulsory

and each question will carry 1 (one) mark. There will be no negative marking. OMR Sheets

will be provided to students for attempting this section.

b) Section B will consists of Short Answer Type Questions (24 marks) There will be 8 questions out of which 6 will have to be attempted. Each question will carry

4 (four) marks. The answer is to be given in about 150 words.

c) Section C will consists of Essay Type Questions (35 marks) This section will cover 50% marks of the total marks. To cover the whole syllabus there will

be three questions (10 marks each) and one question (5 marks).

Course code Title of the Course Internal Assessment

Ext. Exam.

Max. Marks

BALLB(H)- 501 Economics-I (Minor) 26 74 100

BALLB(H)- 502 Public Administration-I (Minor) 26 74 100

BALLB(H)- 503 Political Science-V(Major) 26 74 100

BALLB(H)- 504 Law of Property 26 74 100

BALLB(H)- 505 Administrative Law 26 74 100

BALLB(H)- 506 Labour and Industrial Law-I 26 74 100

Total 156 444 600

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COURSE CODE: BALLB(H)- 501 COURSE NAME: ECONOMICS- I (MINOR)

(INTRODUCTION TO ECONOMICS)

Course Outcomes: On completion of this course, the student will be able to: On completion of course students will be able to understand: CO1. Relate the basic economic theory and principles to current microeconomic issues and evaluate related public policy CO2.Use economic models to analyse a situation in terms of economics. CO3.Describe the various types of markets and compare their efficiency

CO/PO Mapping

(S/M/W indicates strength of correlation) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 M M M W S M M M W W S S

CO2 W S S M S M M W M M M M

CO3 M M S S S W M M M M S M

Course Outline

UNIT-I

Economics: Meaning, Definition (Adam Smith, Marshal, Robbins & Samuelson), Nature of Economics: Art or Science, Scope of Economics, Choice-an Economic problem

General Principles of Economics

i. Elementary Utility Analysis. ii. Demand-Nature, Determinants of Demand, Concept, Measurement and Factors

Determining Price, Elasticity of Demand. iii. Supply- Nature, Concept and Measurement of Elasticity of Supply.

UNIT-II

Factors of Production, Land Labour and Wages, Capital and Capital Formation, Entrepreneurship

Markets, Cost and Revenue Functions under different Market, Firms, Perfect Competition, Monopoly, Monopolistic Competition, Price determination.

Forms of Business Organization: Sole Trader, Partnership, Joint Stock Company, Cooperative Societies.

Basic Characteristics and problems of Economic Development with special reference to Developing countries; Strategies of development:

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i. Balanced Growth. ii. Unbalanced Growth. iii. Rostow’s five stages of development. Money and its Functions, Money supply in

India

India’s Banking System: Functions of Commercial Banks & Reserve Bank of India and its Monetary Policy.

Suggested Readings

Agarwal A.N. : Indian Economy Chaudhary. P.K. : The Indian Economy-Poverty and Development. Dutt. Rudder Sundaram : Indian Economy Lewis, Frederthus : Theory of Economic Growth. Livingstonc, I. : Economic Policy for Development. Myrdal, Gunar : The Challenges of World Poverty

Samuelson, Paul: Economics, An Introductory

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COURSE CODE: BALLB(H)- 502

COURSE NAME: PUBLIC ADMINISTERATION Course Outcomes: On completion of this course, the student will be able to: CO1. To understand the nature and scope of Public Administration; CO2. To appreciate the methodological pluralism and synthesizing nature of knowledge in Public Administration. CO3. To comprehend the changing paradigms of Public Administration;

CO/PO Mapping

(S/M/W indicates strength of correlation) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 S W W M M W M W W S W S

CO2 M S W M S M M M M M S S

CO3 W S W M M M W M M M S M

Course Outline

UNIT-I

Meaning, Nature, Scope and Significance of Public Administration;

Public Administration and Private Administration;

Public Administration as a Science or an Art;

Relationship of Public Administration with other Social Sciences,

Concepts of New Public Administration & New Public Management

Organization: Meaning, Bases, Formal and Informal Organization.

UNIT-II

Chief Executive, Line and Staff Agencies

Principles of Organization: Hierarchy, Centralization and Decentralization, Coordination,

Communication

Legislative and Judicial Control over Administration.

Delegated Legislation: Meaning, Reasons for its growth, Merits, Demerits and Safeguards.

Suggested Readings

1. Nicholas Henry :Public Administration and Public Affairs 2. Feliz A. Nigro and Liyod G. Nigro : Modern Public Administration(New York:Harper

and row, Latest ed.). 3. Peter Self : Administrative Theories and Politics 4. Mohit Bhattacharaya: Pubic Administration: Structure, Process and Behaviour

77

5. Rumki Basu: Introduction to Public Administration. 6. Chander Mohan Mahajan: Elements of Public Administration (Patiala:Publication

Bureau, (Punjabi) Punjabi University).

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COURSE CODE: BALLB(H)- 503

COURSE NAME: POLITICAL SCIENCE-V (MAJOR) Course Outcomes This Paper tries to explain the institutional aspects of democracy and how institutions

function within a constitutional framework. It further delves into how democracy as a model

of governance can be complimented by institution building. On completion of the course

students will be able to:

CO1: Assessing Judicial Activism in India with particular reference to Supreme Court.

CO2: Understand the relationship between public policy and administration in India.

CO3: Evolution of the modern capitalist world, the political and economic challenges and

issues in the contemporary world and debates on how to address them.

CO4: Understand the merits and demerits of civil society in the development process.

CO/PO Mapping

(S/M/W indicates strength of correlation) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 S W W W M S S W M S S S

CO2 M M W W M S M W M M W M

CO3 W S S M S S W W S M M S

CO4 M S M W W S M W W M W S

Course Outline

UNIT-1 (Democracy and Governance)

1. Structure and Process of Governance: Indian Model of Democracy, Parliament, Party Politics and Electoral behaviour, Federalism, The Supreme Court and Judicial Activism, Units of Local Governance (Grassroots Democracy) Political Communication ‐Nature, Forms and Importance 2. Ideas, Interests and Institutions in Public Policy: a. Contextual Orientation of Policy Design b. Institutions of Policy Making i. Regulatory Institutions – SEBI, TRAI, Competition Commission Of India, ii. Lobbying Institutions: Chambers of Commerce and Industries, Trade Unions, Farmers Associations, etc.

UNIT-2

3. Contemporary Political Economy of Development in India: Policy Debates over Models of Development in India, Recent trends of Liberalisation of Indian Economy in different sectors, E governance. 4. Dynamics of Civil Society:

79

New Social Movements and Various interests, Role of NGO’s, Understanding the political significance of Media and Popular Culture. Suggested Readings: Agarwal B, Environmental Management, Equity and Eco feminism: Debating India’s Experience, Journal of Pesant Studies, Vol. 25, No. 4, pp. 55‐95. Atul Kohli (ed.), The Success of India’s Democracy, Cambridge University Press, 2001. Saima Saeed, Screening the Public Sphere: Media and Democracy in India,2013 Su H. Lee, Debating New Social Movements: Culture, Identity, and Social Fragmentation , Rawat Publishers, 2010 S. Laurel Weldon, When Protest Makes Policy : How Social Movements Represent Disadvantaged Groups, Michigan Publishers, 2011 E-Books https://www.pdfdrive.com/political-science-e12667273.html

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COURSE CODE: BALLB(H)- 504 COURSE NAME: LAW OF PROPERTY

Course Outcomes: On completion of this course, the student will be able to: CO1: Analyse and define the concept and nature of transfer of immovable property, and

illustrate the different types of transfers and rules relating to it.

CO2: Determine and analyse the rules of Sale of Immovable Property and rights and

liabilities of seller and buyer

CO3: Analyse and evaluate the rules governing Mortagages, Leases, Exchanges, Gift and

Actionable Claims rights and liabilities of transferor and transferee

CO4: Analyse and evaluate the rules relating concept of easement and kinds of easement

and rights and liabilities of transferor and transferee.

CO/PO Mapping

(S/M/W indicates strength of correlation) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 S M W W W S W W S S W S

CO2 S M M W M S W W S S M S

CO3 S S S M M S W W S S M S

CO4 S S M W M S W W S S M S

Course Outline

Unit-I Concept of Property and General Principles Relating to Transfer of Property

Concept of property: distinction between moveable and immoveable property Definition clause: Immovable property, Attestation, Notice, Actionable claim Definition to transfer of property, kinds of transfer, competence to transfer and

modes of transfer Transfer to an unborn person and rule against perpetuity Vested and Contingent interest

General Principles Governing Transfer of Immoveable Property Transfer by ostensible owner Rule of feeding the grant by estoppel Rule of Lis pendens Fraudulent transfer Doctrine of part performance

Unit-II Specific Transfers

Sale; definition of sale and contract to sell, Rights and liabilities of buyer and seller Gift, definition of gifts, modes of creation and revocation of gifts, Mortgage, Definition of Mortgage, forms of mortgage, right of mortgager to redeem

81

and Lease, Definition and kinds of leases, modes of creation and determination of lease,

distinction between Lease and Licence Indian Easement Act

Definition and Essential features of the Easement, kinds of Easement, imposition, acquisition and transfer of Easement Acts

The Transfer of Property Act, 1882 Suggested Readings: G.P.Tripathi, Transfer of Propert y Act, 2007‐ Mulla, Transfer of Property Act, 1999, Universal Delhi‐ V.P.Sarathy, Transfer of Property, 1995 Eastern Book Co.‐ S.N.Shukla, Transfer of Property Act, 2007

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COURSE CODE: BALLB(H)- 505 COURSE NAME: ADMINISTRATIVE LAW

Course Outcomes The course will make students aware of various aspects of Administrative Law including

quasi-legislative, quasi-judicial and other ministerial functions of administration and control

thereof with a practical approach. On completion of the course students will be able to

understand the following:

CO1: Administrative law is mainly a judge-made law and has secured its present features

through a Myriad of judicial decisions. A student got a deep knowledge of the operation and

changing phenomena of these standards from a comparative angle.

CO2: The ever increasing number of delegated legislation in the form of rules, regulations,

circulars and general orders has the characteristics of law, which though framed by

administration, impose burden on the rights of citizens.

CO3: Analyze the scope of review of delegated legislation and the limitations on the judicial

review of administrative action, the Principles of Natural Justice also have studied in detail

in this course.

CO/PO Mapping

(S/M/W indicates strength of correlation) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 S S W W S S M W S M S S

CO2 S S W W M S M W S M M S

CO3 S S M M S S S W S M S S

Course Outline

UNIT I Definition, Nature and Scope of Administrative Law, Conceptual Objections to the growth of administrative Law Rule of Law, Separation of Powers Administrative discretion: Meaning, Need, and Judicial Control Legislative Power of Administration: Necessity, Merits and Demerits, Constitutionality of Delegated Legislation; Legislative and Judicial Control of delegated Legislation

UNIT II Principles of Natural Justice and their Exceptions Rule against Bias, Concept of Fair hearing Judicial review of administrative action through writs; Judicial control through suits for damages, injunction and declaration Administrative Tribunals: Need and reasons for their growth, characteristics, jurisdiction and

83

procedure of administrative Tribunals. Government Privilege to withhold evidence in public interest Liability of the administration: Contractual liability, tortuous liability. Public Undertakings, their necessity and Liabilities, governmental Control, Parliament Control, Judicial Control Ombudsman: Lokpal and Lokayukta Right to information ACT, 2005 (S.1-S.20) Suggested Reading: 1. Wade, Administrative Law (VII Ed.) Indian Print, Universal 2. M.P. Jain, Principles of Adminstrative Law, Universal Delhi 3. S.P. Sathe, Administrative Law, Butterworths, Delhi‐ 4. C.K. Thakkar, Administrative Law, Eastern Book Co. 5. Jain and Jain: Principles of Administrative law. 6. I. P. Massey: Administrative law 7. Kesari, U. P. D: Lectures on Administrative Law, 15th Ed, 2005 8. Stott, David & Felix Alexandra: Principles of Administrative

E-Books

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84

COURSE CODE: BALLB(H)- 506 COURSE NAME: LABOUR AND INDUSTRIAL LAW-I

Course Outcomes: On completion of this course, the student will be able to:

CO1: Students will understand the idea behind the making of welfare legislations.

CO2: They will also understand the provisions made in factories act for the health and

welfare of the workers.

CO3: Also understand the history and working of trade unions in India. Under the Industrial

Disputes Act students will understand the concepts of industry, industrial dispute, strike

lockout, retrenchment etc.

CO/PO Mapping

(S/M/W indicates strength of correlation) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 S W W W W S S W W W S S

CO2 S M S W W S S W W S S S

CO3 S W S W M S S W M S S S

Course Outline

Unit-I

Industrial Relation, Labour Problem and Labour Policy in India Trade Union Act, 1926 (Labour Management Relation); History and Development of Trade Union Movement, Registration of Trade Union, Rights and Liabilities of Registered Trade Union, Penalties and procedure, Collective Bargaining-Proc ess, Merit and Demerit Industrial Dispute Act, 1947 Scope of Industry, Workmen, Employers, Industrial Disputes, Authorities under the Industrial Dispute Act, 1947; Procedure, Power and Duties of Authorities, Reference of Disputes to Boards, Courts or Tribunals

Unit-II

Strike, Lock Out, Lay Off, Retrenchment and Closure Unfair Labour Practices, Penalties, Offences by Companies etc. Industrial Employment (Standing Orders) Act, 1946 Philosophy of Labour Welfare, Historical Development of Labour Welfare, The Factories Act, 1948: Interpretation-competent person, Hazardous process, manufacturing process, Worker, Factory, Occupier, Health, Safety and Welfare, Working House of Adults, Employment of young persons, Inspectors-Appointment and Powers .

85

Suggested Readings: 1. Trade Union Act, 1926 2. Industrial Dispute Act, 1947 3. Factories Act, 1948‐‐ 4. John Bowers & Simon Honey Ball, Text Book on Labour Law (1996) Blackstone, London 5. V.G. Goswami: Labour & Industrial law, Central Law Agency, Allahabad 6. S.M. Chaturvedi: Labour & Industrial Law 7. S.K. Puri: Labour and Industrial laws 8. S.N. Mishra: Law of Industrial Labour Relations All. Law Agency 9. S.C. Srivastva: Industrial Relations and Labour Law

E-Books

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DESH BHAGAT UNIVERSITY, MANDI GOBINDGARH Faculty of Legal Studies

Semester Sixth

Instructions for the Paper Setter

1. Maximum Marks: 100 (External Paper will be of 74 Marks & Internal assessment will be of 26Marks)

2. Minimum Pass Marks for External Paper: 45% = 33 Marks in each Paper 3. Minimum Pass Marks in Internal Assessment: 45% = 12 Marks in each Paper. 4. The maximum marks for external each paper is 74 and the time allowed is 3 hours. 5. The question paper will consist of three Sections: A, B and C.

a) Section A will consists of Multiple Choice Questions (15 marks)

There will be 15 MCQs with four options of answers. All the questions will be compulsory

and each question will carry 1 (one) mark. There will be no negative marking. OMR Sheets

will be provided to students for attempting this section.

b) Section B will consists of Short Answer Type Questions (24 marks) There will be 8 questions out of which 6 will have to be attempted. Each question will

carry 4 (four) marks. The answer is to be given in about 150 words.

c) Section C will consists of Essay Type Questions (35 marks) This section will cover 50% marks of the total marks. To cover the whole syllabus there will

be three questions (10 marks each) and one question (5 marks).

Course code Title of the Course Internal Assessment

Ext. Exam.

Max. Marks

BALLB(H)- 601 Economics-II (Minor) 26 74 100

BALLB(H)- 602 Public Administration-II (Minor) 26 74 100

BALLB(H)- 603 Political Science-VI (Major) 26 74 100

BALLB(H)- 604 Public International Law and Human Rights

26 74 100

BALLB(H)- 605 Labour and Industrial Law-II 26 74 100

BALLB(H)- 606 Professional Ethics 26 74 100

Total 156 444 600

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COURSE CODE:BALLB(H)- 601

COURSE NAME: ECONOMICS- II (MINOR)-

(INTRODUCTION TO INDIAN ECONOMY) Course Outcomes: On completion of this course, the student will be able to: CO1. Demonstrate familiarity with some central themes and issues of economic development CO2. Demonstrate the understanding of the difference between growth and development, major growth theories, the measurement of inequality, significance of agriculture in developing countries, poverty and population issues facing the world, international trade, and importance of foreign aid. CO3. Analyse empirical evidence on the patterns of economic development.

CO/PO Mapping

(S/M/W indicates strength of correlation) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 S M W S M W M W M W M M

CO2 M S S S S M M M W M S S

CO3 W S M M M M W W W M S S

.

Course Outline

UNIT-I

Basic Structure, National income and its sectoral distribution and measurement of National Income. Poverty: Nature, extent, causes and impact.

Unemployment and Employment Generation Schemes.

Population problem: A review of major population control programmes.

Planning for development: appraisal of development strategies and their impact through successive Five Year Plans. India’s Agriculture Development: basic characteristics and problems of Agricultural Economy, trends in growth of Agricultural Production and Productivity, Green Revolution, Land Reforms.

UNIT-II

Industrial Development:

Trends in Industrial Production and Productivity, Comparative role of public, private and joint sectors, Industrial Relations, New Economic Reforms, Liberalisation, Privatisation, Globaliasation and New Economic order (WTO).

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External Sector, trends in volume, composition and direction, India’s Foreign Trade, Policies for Export promotion and Import substitution, India’s BOP structure and Measures to correct adverse BOP, Nature, working and functions of IMF and IBRD.

Suggested Readings

Agarwal A.N.: Indian Economy Bhatia, H.L.: Indian Economy-Issues and Policies Chaudhary, P.K.: The Indian Economy-Poverty and Development Rath, N & Dandekar, B.M.: Poverty in India Dutt, Rudder & Sunderam, KPM: Indian Economy Gauri Shankar V.: Taming the Giants- Multinational Corporations in India Ghosh, Alok: Indian Economy Jathar, J.B. & Ben, C.A.: Indian Economic Problems Kurian, C.T.: Planning, Poverty and Social Transformation Mahajan, V.S.: Economic Development of India Rangarajan, L.N: Commodity Conflict- The Political Economy of International Commodity Negotiations E-Books https://www.pdfdrive.com/indian-economy-e53156061.html

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https://www.pdfdrive.com/modern-principles-of-economics-e33608867.html

89

COURSE CODE:BALLB(H)- 602

COURSE NAME: PUBLIC ADMINISTERATION- II

Course Outcomes: On completion of this course, the student will be able to: CO1: To Appreciate the nature, scope and changing paradigms of Public Administration; CO2: To Understand the synthesizing nature of knowledge of public administration from public Perspective. CO3: Grasp the administrative theories, concepts and principles to make sense of administrative Practices with emerging trends.

CO/PO Mapping

(S/M/W indicates strength of correlation) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 W M S W W M W W W M W M

CO2 M M M S S W M W M S M M

CO3 W M W M M M M M M S M S

Course Outline

UNIT-I Features of Indian Administration, Union Executive: The President, The Prime Minister and the Council of Ministers. The Parliament: Composition and Functions. Legislative and Administrative Relations Between the Union and the States.

UNIT-II State Executive: The Governor, The Chief Minister, The Chief Secretary. State Legislature: Composition and Functions, Judiciary: Supreme Court of India- Organisation and Functions. High Court- Organisation and Functions.

1. Ramesh, K. Arora and R. Goyal: Indian Public Administration, Vishwa Prakashan, New Delhi, 2002.

2. Avasthi and Avasthi: Indian Administration, Lakshmi Narain Aggarwal, Agra, New Delhi, 2002.

3. B.L. Fadia and Kuldeep Fadia: Indian Administration, New Delhi, Sahitya Bhawan Publications, 2005.

4. Hoshiar Singh: Indian Administration, Kitab Mahal, Allahabad, 2000. 5. S.R. Maheshwari: Indian Administration, Orient Blackswan, New Delhi, 2001. 6. O.P. Motiwal (ed.): Changing Aspects of Public Administration in India, Allahabad,

New Delhi, 1971.

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7. Surinder Kataria: Indian Public Administration, National Publishing House, New Delhi, 2009.

E-Books: https://www.pdfdrive.com/handbook-of-public-administration-third-edition-public-

administration-and-public-policy-e156651433.html

https://www.pdfdrive.com/public-administration-and-political-science-e19610996.html

https://www.pdfdrive.com/introduction-to-public-administration-national-open-

university-of-e11065692.html

91

COURSE CODE:BALLB(H)- 603

COURSE NAME: POLITICAL SCIENCE-VI

Course Outcomes: On completion of this course, the student will be able to: On completion of the Course, students will: CO1: Write down in depth globalization. CO2: Deliberate the characteristics of world actress of globalization. CO3: Understand in details with application, if applicable, contemporary issues of world in globalization. CO4: Understand in details with examples dimensions of terrorism.

CO/PO Mapping

(S/M/W indicates strength of correlation ) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 S W W M S M S W S S M S

CO2 S W W M W S S W S S W S

CO3 S S S S S S M W S S S S

CO4 S S M M S S S W S S S S

Course Outline

UNIT-1 1. Globalization a) What is it? b) Economic, Political, Technological and Cultural Dimensions 2. Contemporary World Actors-1 a) United Nations b) World Trade Organisation (WTO)

UNIT-2 3. Contemporary World Actors-2 c) Group of 77 Countries (G-77) 4. Contemporary World Issues a) Global Environmental Issues (Global Warming, Bio-diversity, Resource Scarcities) b) Poverty and Inequality c) International Terrorism (26 Lectures) Essential Readings Lechner, F. J. and Boli, J. (eds.) (2004) The Globalization Reader. 2nd Edition. Oxford: Blackwell. Economics and Culture, Stanford: Stanford University Press, pp. 1‐50. Viotti, P. R. and Kauppi, M. V. (2007) International Relations and World Politics‐Security,

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Economy, Identity. Third Edition. Delhi: Pearson Education, pp. 430‐450. Baylis, J. and Smith, S. (eds.) (2011) The Globalization of World Politics: An Introduction to International Relations. Fourth Edition. Oxford: Oxford University Press, pp. 312‐329;50‐ 385; 468‐489. Tickner, J.A. (2008) ‘Gender in World Politics’, in Baylis, J. and Smith, S. (eds.) The Globalization of World Politics: An Introduction to International Relation. 4th Edition. Oxford: Oxford University Press. Taylor, P. and Grom, A.J.R. (eds.) (2000) The United Nations at the Millennium. London: Continuum. pp. 1‐20. Ravenhill, J. (2008) ‘The Study of Global Political Economy’, in Ravenhill, John (ed.) Global Political Economy. Second Edition. New York: Oxford University Press, pp. 18‐24 White, B. et al. (eds.) (2005) Issues in World Politics. Third Edition, New York: Macmillan, pp. 74‐92; 191‐211. Halliday, F. (2004) ‘Terrorism in Historical Perspective’, Open Democracy. 22 April, available at: http://www.opendemocracy.net/conflict/article_1865.jsp Thomas, C. (2005) ‘Poverty, Development, and Hunger’, in Baylis, J. and Smith, S. (eds.) The Globalization of World Politics. Third Edition. New Delhi: Oxford University Press, pp. 645‐668. Vanaik, A. (2007) ‘Political Terrorism and the US Imperial Project’, in Masks of Empire. New Delhi: Tulika Books, pp. 103‐128.

https://www.pdfdrive.com/the-globalization-of-world-politics-e20377495.html

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e158019219.html

93

COURSE CODE:BALLB(H)- 604

COURSE NAME: PUBLIC INTERNATIONAL LAW AND HUMAN RIGHTS

Course Outcomes: On completion of this course, the student will be able to: CO1: Students will develop an understanding of how international law has connected the

nations with each other and relationship of international law with domestic law of the

nations.

CO2: Demonstrate knowledge and understanding of the international framework of human

right.

CO3: Critical evaluation of understand the national/ constitutional framework of human

rights.

CO/PO Mapping

(S/M/W indicates strength of correlation) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 S S W W S S S W S S M S

CO2 S S W W S S S W S S W S

CO3 S S W W M S S W S S W S

Course Outline

Unit-I I:Introduction

Introduction‐ Development of International Law‐ Definitions‐ Nature of International law‐ Legality of International Law -Positive Morality ‐ Theories as to basis of International Law

II:Sources and Subjects of International Law Introduction‐ International Conventions‐ International Customs‐ General Principles of Law recognized by Civilized States‐ Decisions of Judicial or Arbitral Tribunals‐ Other Sources‐ Subjects of International Law-Various Theories‐ Realistic Theory-Fictional Theory-Functional Theory

III:International Law and Municipal Law Introduction‐

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Monistic Theory‐ Dualistic Theory‐ Specific Adoption Theory‐ Transformation Theory‐ Delegation Theory‐ Practice of States –UK Practice, American Practice and Indian Practice

IV: States Concept of State Essential Ingredients of State‐ Different kinds of States‐ Recognition of States-De Factoand De Jure‐ Theories of Recognition‐ Recognition of Belligerency and Recognition of Insurgency

Collective Recognition‐ State Jurisdiction‐ Territorial Sovereignty‐ Civil and Criminal Jusdiction

V: State Responsibility and State Succession Responsibility of States –Original and Vicarious Responsibility‐ State Responsibility for various Acts-Individual Acts, Mob Violence, Insurgency, etc.‐ State Succession‐ Theories of State Succession‐ Rights and Duties arising out of State Succession

Unit-II VI:Diplomatic Relations

Meaning of Diplomacy‐ Law on Diplomatic Relations‐ Classification of Diplomatic Agents‐ Functions‐ Privileges and Immunities of Diplomatic Agents‐ Duties

VII: Law of Treaties Concept of Treaty‐ Kinds of Treaties‐ Binding Force of Treaties‐ Pacta Sunt Servanda Jus Cogens Rebus Suc Stantibus Parties of a Treaty‐ Formation of a Treaty‐ Reservations‐ Invalidity and Termination of Treaties

VIII:Individuals under International Law Position of Individuals Nationality‐ Acquisition of Nationality

Loss of Nationality‐

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Statelessness‐ Asylum‐ Territorial and Extra-territorial‐ Extradition‐ Rules relating to Extradition

IX:Law of the Sea

Historical Background‐ Maritime Belt‐ Territorial Sea‐ The Contiguous Zone ‐ Exclusive Economic Zone ‐ Continental shelf ‐ The High Seas ‐ International Sea Bed Area‐ Law of the Sea Conventions

X: Settlement of International Dispute Legal and Political Disputes‐ Pacific Means of Settlement‐ Arbitration ‐ Negotiation‐ Mediation‐ Good Offices‐ Conciliation‐ Settlement under UNO‐ Compulsive Means–Retortion, Reprisals, Embargo, Pacific Blockade, Intervention.

Suggested Readings: 1. Malcolm Nathan Shaw, International Law, Cambridge University Press, 2003 2. Tim Hillier, Sourcebook on Public International Law, Routledge, 1998 3. Ian Brownlie, Principles of Public International Law, Oxford University Press, 2008 4. Joseph Gabriel Starke, Ivan Anthony Shearer, Starke's International Law, Butterworths, 1994 5. Lassa Oppenheim, Robert Jennings and Arthur Watts, Oppenheim's International Law, Oxford University Press, USA, 2008 6. S K Kapoor, International Law and Human Rights, Central Law Agency, Allahabad, (14th Edn.-2002) 7. H.O. Agarwal, International Law & Human Rights, Central Law Publications, 2000 E-Books: https://www.pdfdrive.com/brownlies-principles-of-public-international-law-e187876893.html https://www.pdfdrive.com/public-international-law-theory-of-hans-kelsen-e26614055.html https://www.pdfdrive.com/encyclopedia-of-public-international-law-11-law-of-the-sea-air-

and-space-e157173696.html

96

COURSE CODE:BALLB(H)- 605

COURSE NAME: LABOUR AND INDUSTRIAL LAW-II

Course Outcomes: On completion of this course, the student will be able to: CO1: Describe the procedure and effects of social welfare legislation CO2: Interpret and illustrate the formation of different Boards and committees under the Labour Laws CO3: Analyse the provisions related to the benefits of women under Maternity benefits Act and penal consequences. CO4: Recall different recommendations of Supreme Court and High Court related to the

social welfare legislation.

CO/PO Mapping

(S/M/W indicates strength of correlation) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 S W W W S S M W S S M S

CO2 S W W W S S S W M S S S

CO3 S M M M S S M W S S M S

CO4 S W W W S S S W S S M S

Course Outline

Unit-I

Workmen’s Compensation Act, 1923 (Sec.1-10, 12, 14, 14A, 17 & 20) Conceptual frame work of Social Security-Evolution and concept of Social Security, Scheme of Social Security, Workmen’s Compensation Act, 1923: Definitions, Aims & Object, Liability of Employer, Notional Extension & Defaces, Determination of Amount of Compensation, Compensation when due-Penalty for default, Contracting Out (Sec.17), Appointment & Powers of Commissioner (Sec.19-31) Maternity Benefit Act, 1961 (Sec.3-18) Aims & Object, Definitions, Restriction on employment, Right to Maternity Benefit, Medical Bonus, Leave Dismissal during Pregnancy (Sec.10-16), forfeiture of Maternity benefit, Leave for Miscarriage, Penalty for contravention of Act by Employer, Cognizance of offences. The Payment of Gratuity Act, 1972: Aims and Objects of Act, Definition, Controlling Authority, Payment of Gratuity, Recovery of Gratuity, Determination of the amount of Gratuity

Unit-II Minimum Wages Act, 1948 Theories and Concept of Wages , Aims & Objects of Act, Definition, Fixation & Revision of rates of Wages, Working Hours and Determination of Wages and Claim etc. Authority- Appointment & Powers of the Authority.

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The Equal Remuneration Act, 1976, Payment of Remuneration at equal rates to Men and Women workers and other matters. Payment of Wages Act, 1936 Aims & Object, Responsibility of Payment of Wages, Time of Payment of Wages & Fixation of Wage Period, Authorized Deductions (Sec.7 to 13), Appointment & Powers of Inspectors and Authority for Adjudication of Claims (Sec.15-18), Penalty for offences under the Act. The Payment of Bonus Act: Scope and Application, Definition, Computation of Gross profit and availables surplus, Eligibility for Bonus, Disqualification for Bonus, Minimum and Maximum Bonus. Suggested Readings: 1. Workmen’s Compensation Act, 1923 2. Maternity Benefit Act, 1961 3. Payment of Wages Act, 1936 4. Minimum Wages Act, 1948 5. K.D. Srivastava, Commentaries on Minimum Wages Act, 1995, Eastern Book Co. 6. K.D.Srivastava, Commentaries on Payment of Wages Act, 1998, Eastern Book Co. 7. S.B.Rao, Law and Practice on Minimum Wages, 1999

E-Books

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COURSE CODE:BALLB(H)- 606

COURSE NAME: PROFESSIONAL ETHICS Course Outcomes: On completion of this course, the student will be able to:

CO1: The course is designed to develop high ethical values forming the basis of a legal

profession to learn duties towards court, client, opponents and other advocates

CO2: Apply ethical principles and commit to legal professional ethics, responsibilities and

norms of the established legal practices

CO3: identify differences between moral and ethics.

CO/PO Mapping

(S/M/W indicates strength of correlation) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 S S W M S S W W S S W S

CO2 S S W W S S W W S S M S

CO3 M M W M M M M S M S M M

Course Outline

Unit-I Historical development of Legal Profession in India; Constitution, Function, Powers and Jurisdiction of State Bar Council and Bar Council of India Admission and enrolment of Advocates Professional ethics and Advocacy, Standards of Professional Conduct and Etiquette, Conflict between interest and duty, Duty to court, Duty to Client, Duty to opponent, Duty to Colleagues, Duty towards Society and obligation to render legal aid

Unit-II

Bench-Bar Relationship. Reciprocity as partners in administration of Justice; Professional Misconduct; Rights and Privileges of Advocates Contempt of Court Act, 1971 Historical development of Contempt of Court Act in India, Object and Constitutional validity of Contempt of Court Act. Definition, Kinds of Contempt; Contempt by Judges, Magistrates, Lawyers and other persons; Cognizance, Procedure, Appellate provisions regarding Contempt Defences, Punishment and Remedies against punishment for Contempt of Court and Punishment for Contempt, Defences under contempt of court. Suggested Readings 1. ‐ The Advocate Act, 1961 2. ‐ Contempt of Court Act, 1971 3. ‐ The Advocates Welfare Fund Act, 2001 4. ‐ The Bar Council of India Rules, 1961 5. ‐ Holland Avrom Shree, Advocacy, 1994 Universal, Delhi 6. ‐ Keith Evam, The Golden Rules of Advocacy, 1994, Universal, Delhi

99

7. ‐ Sandeep Bhalla, Advocates Act & Professional Misconduct, Nasik Law House 8. ‐ JPS Sirohi, Professional Ethics, Lawyer's Accountability, Bench-Bar Relationship 9. - Mr. Krishna Murthy Iyer’s Book on Advocacy

100

DESH BHAGAT UNIVERSITY, MANDI GOBINDGARH Faculty of Legal Studies

Semester Seventh

Course code Title of the Course Internal Assessment

Ext. Exam.

Total

BALLB(H)- 701 Alternative Disputes Resolution & Legal Aid

26 74 100

BALLB(H)- 702 Civil Procedure Code & Limitation Act 26 74 100

BALLB(H)- 703 Indian Evidence Act 26 74 100

Optional-1 26 74 100

Optional-2 26 74 100

Optional-3 26 74 100

Total 156 444 600

CHOOSE ANY ONE GROUP FROM THE FOLLOWING. EACH GROUP CONSISTS OF THREE PAPERS

Optional Group

International Law

Course code Title of the Course Internal Assessment

Ext. Exam.

Total

BALLB(H)- 704 International Organisation 26 74 100

BALLB(H)- 705 International Human Rights 26 74 100

BALLB(H)- 706 Private International Law 26 74 100

Optional Group

Business Law Group

Course code Title of the Course Internal Assessment

Ext. Exam.

Total

BALLB(H)- 707 Corporate Governance 26 74 100

BALLB(H)- 708 Merger and Acquisition 26 74 100

BALLB(H)- 709 Competition Law 26 74 100

Optional Group

Intellectual Property Law

101

Course code Title of the Course Internal Assessment

Ext. Exam.

Total

BALLB(H)- 710 IPR Management 26 74 100

BALLB(H)- 711 Information Technology 26 74 100

BALLB(H)- 712 Trade Secret and Technology Transfer

26 74 100

Instructions for the Paper Setter

1. Maximum Marks: 100 (External Paper will be of 74 Marks & Internal assessment will be of 26Marks)

2. Minimum Pass Marks for External Paper: 45% = 33 Marks in each Paper 3. Minimum Pass Marks in Internal Assessment: 45% = 12 Marks in each Paper. 4. The maximum marks for external each paper is 74 and the time allowed is 3 hours. 5. The question paper will consist of three Sections: A, B and C.

a) Section A will consists of Multiple Choice Questions (15 marks)

There will be 15 MCQs with four options of answers. All the questions will be compulsory

and each question will carry 1 (one) mark. There will be no negative marking. OMR Sheets

will be provided to students for attempting this section.

b) Section B will consists of Short Answer Type Questions (24 marks) There will be 8 questions out of which 6 will have to be attempted. Each question will

carry 4 (four) marks. The answer is to be given in about 150 words.

c) Section C will consists of Essay Type Questions (35 marks) This section will cover 50% marks of the total marks. To cover the whole syllabus there will

be three questions (10 marks each) and one question (5 marks).

102

COURSE CODE: BALLB(H)- 701

COURSE NAME: ALTERNATIVE DISPUTE RESOLUTION AND LEGAL AID

Course Outcomes: On completion of this course, the student will be able to:

CO1: Understanding of the theoretical models of dispute resolution and capacity to analyse their operation in both legal and social contexts

CO2: Development of basic mediation skills, including communication, analysis, and issue identification.

CO3: acquainted with the knowledge and skills with regard to: ADR mechanism and its comparison with traditional litigation.

CO/PO Mapping

(S/M/W indicates strength of correlation) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 S S M S M M M M W M M S

CO2 M S S S M M S M S S M S

CO3 M M W M S M M W M S M S

Unit-I Concept, Need and Development, Advantages. Arbitration and Conciliation Act, 1996: Object, Development and Salient features Arbitration : Definition, Sources, Kinds, Scope and Differences to Court Arbitration Agreement, Composition of Arbitral Tribunal Jurisdiction of Arbitral Tribunal, Conduct of Arbitral Proceeding, Making of Arbitral Award and Termination of Proceedings

Unit-II

Recourse against Arbitral Award, finality and Enforcement of Arbitral Award, Appeal, Enforcement of Certain Foreign Awards Conciliation, Mediation, Lok- Adalat & Permanent Lok-Adalat, Negotiation, mid Arb.media, Summary trials, etc. Suggested Readings: 1. Arbitration and Conciliation Act, 1996 2. Legal Service Authority Act, 1987 3. B.P.Saraf & M.Jhunjhunwala, Law of Arbitration & Conciliation, (2000) Snow White, Mumbai 4. Gerald R.William (ed.), The New Arbitration & Conciliation Law of India 5. P.C.Rao & William Sheffield, Alternative Disputes Resolutions, (1997) Universal, Delhi 6. Johari, Commentary on Arbitration and Conciliation Act. 1999 Universal, Delhi 7. G.K.Kwatra, The Arbitration & Conciliation Law of India, (2000), Universal, Delhi

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E-Books:

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104

COURSE CODE:BALLB (H)- 702

COURSENAME: CIVIL PROCEDURE CODE AND LIMITATION ACT

Course Outcomes: On completion of this course, the student will be able to: CO1- Understand, where the suit is to be filed? The essential forms and procedure for

institution of suit, the documents in support and against, evidence taking and trial,

dimensions of an interim order, the peculiar nature of the suits, the complexities of

executing a decree and provisions for appeal and revision are all matters which a lawyer for

any side is to be familiar with.

CO2- To have good grounding in the subject before one enters the profession

CO3- Student will know the detail procedure for redressal of civil rights.

CO/PO Mapping

(S/M/W indicates strength of correlation) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 W M S S S M M M S S S S

CO2 W M S S M S M S S S S S

CO3 M S M S M M M W M M S S

Course Outline

Unit-I

Introduction and Initial Steps in a Suit Definition: Decree, Judgment, Order, Foreign Court, Foreign Judgment, Mense Profits, Affidavit, Suit of a civil nature, Plaint, Written Statement, Legal Representative, Important Concepts : Ressub-judice, Resjudicata, Restrictions, Caveat, Inherent Power, Courts Jurisdiction and place of suing Institution of suit; Pleading: Meaning, Object, General Rules, Amendment of Pleading Plaint and Written statement; Parties to a suit; Discovery, Inspection and Production of documents; Appearance and non-appearance of parties; First Hearing Interim Orders and Suit in Particular case Commission; Arrest before judgment; Attachment before judgment; Temporary Injunctions Interlocutory Order Receiver; Security of costs; Suits by or against Government Suits by indigent person; Inter -pleader Suit; Summary Procedure; Suits relating to Public Nuisance

Unit-II

Judgment, Decree and Execution

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Judgment: Definition, Essentials, Pronouncement, Contents and Alteration Decree: Definition, Essentials, Types, Drawing up of a Decree, Contents and Decree in particular case Interest, Costs Court by which decree may be executed Payment under decree Application for execution Mode of execution Questions to be determined by executing court Appeals Appeals for original decree, Appeals from appellate decree General provisions relating to appeals. Appeals to Supreme Court Appeals by indigent person Reference to High Court Review and Revision Execution Law of Limitation Meaning, nature and scope of law of limitation Bar of Limitation and its efficacy Sufficient Cause: its meaning and applicability Legal Disability: Meaning, Scope and Effect. Continuous running of time Suggested Readings: 1. The Civil Procedure Code, 1908 2. The Limitation Act, 1963 3. Mulla, Code of Civil Procedure, Universal, Delhi 4. C.K. Thakkar, Code of Civil Procedure, 2000 Universal Delhi 5. M.P. Tandon, Code of Civil Procedure 6. Anil Nandwani, Code of Civil Procedure 7. C.K. Takwani, Code of Civil Prodecure E-Books

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106

COURSE CODE:BALLB(H)-703

COURSE NAME: INDIAN EVIDENCE ACT

Course Outcomes: On completion of this course, the student will be able to:

CO-1. The course is designed to explain the students with the rules of evidence in relation to

relevancy of facts and proofs

CO-2. Student will be able to identify that experts can collect evidence to support their

claims and theories in different ways.

CO-3. Develop the ability of student to understand quantitative and qualitative evidence

and the ways in which evidence can be presented; how to read it actively and with purpose.

CO-4. Demonstrate variety of methods for obtaining evidence and the ability to prove or

disprove any evidence by various modes provided by Indian Law.

CO/PO Mapping

(S/M/W indicates strength of correlation) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 S M W S W W M W M M S M

CO2 M S S S S M M M W M M M

CO3 M M S W W M S M M M S S

CO4 M S M M S M S M W M S S

I.

Course Outline

Unit-I Preliminary (Sections 1-3) May Presume, Shall Presume and Conclusive proof (section 4), Relevancy of Facts (Sections 5-16); Admissions (Section 17-23, 31), Confessions (Sections 24-30) Statement by persons who cannot be called as witnesses (Sections 32-33), Statement made under special circumstances (Sections 34-39), Judgment of Courts of Justice when relevant (Sections 40-41) Opinion of third person when relevant (Sections 45-51),

Unit-II

Oral Evidence (Sections 59-60), Documentary Evidence (Sections 61-78), Burden of Proof (Sections 101-110),

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Presumption as to certain offences (Sections 111-114 A), Estoppels (sections 115-117), Witnesses, Privileged Communications (Sections 118-132), Accomplice (Sections 133). Examination of Witnesses: Number of Witnesses (sections 134), Examination in Chief, Cross Examination, Re-examination, Leading Question Suggested Readings: 1. Rattan Lal and Dheeraj Lal : The Law of Evidence. 2. Batuk Lal : Law of Evidence. 3. C.D. Field : Law of Evidence. 4. Munir : Law of Evidence

E-Books

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COURSE CODE: BALLB(H)-704

COURSENAME: INTERNATIONAL ORGANISATION

Course Outcomes: On completion of this course, the student will be able to: CO1- Demonstrate knowledge and critical understanding of the historical development of international organisation and their current operations in different issue areas CO2- Analyse contemporary debates on the role and effect of international organisations as forums for inter-state cooperation and as actors in international relations. CO3 Apply alternative explanations for the emergence and evolution of international organizations.

CO/PO Mapping

(S/M/W indicates strength of correlation) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 S M S M W M W M W M M S

CO2 M S W S S M M M M M M S

CO3 M M S M S M M W M M S M

Course Outline

Unit-I

Definition and types of International Organisations. Historical Evolution of International Organizations. Nature and Classification of Organisations, United Nations Principles and Practices and its structural components. Aims and Objectives of Regional Organisations: North Atlantic Treaty Organisations (NATO); The European Union; Organisations of African Unity; the Arab League; ASEAN and SAARC.

Unit-II

Aims and Objectives of the following International Organisations: WTO, ILO, International Court of Justice, International Centre for Settlement of Investment Disputes, International non Governmental Organisations (Amnesty International). International Personality and legal status of International Organisations. Privilege & Immunities attached to the Organisations & to its personnel. Responsibility of the International Organisation. Dissolution of International Organisations and Problems of Succession. Suggested Readings 1. D.W. Bewett : The Law of International Institutions. 2. Potner Pitman: Introduction to the Study of International Organisations. 3. Stephen S. Goodspeed: Nature and Functions of International Organisations. 4. Malcolin Shaw: International Law

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COURSE CODE:BALLB(H)- 705

COURSENAME: INTERNATIONAL HUMAN RIGHTS

Course Outcomes: On completion of this course, the student will be able to: CO1: Understand the historical growth of the idea of human rights CO2: Demonstrate an awareness of the international context of human rights CO3: Demonstrate an awareness of the position of human rights in India.

CO/PO Mapping

(S/M/W indicates strength of correlation) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 S S M W W S S W M W W S

CO2 S S W W M S S W S M M S

CO3 S S W W M S S W S M M S

Course Outline

Unit- I Meaning and Evolution of concept of Human Rights Human Rights and UN Charter Human Rights Council Office and Functions of United Nations High Commissioner of Human Rights (OHCHR) International Protection of Human Rights under: Universal Declaration of Human Rights 1948 International Covenant on Civil and Political Rights, 1966 along with its optional protocols International Covenant on Economic, Social and Cultural Rights, 1966 along with its optional protocols

Unit-II International Convention on Elimination of All Forms of Racial Discrimination, 1965 Convention on Elimination of All Forms of Discrimination Against Women, 1979 and Optional Protocol Convention on the Rights of the Child, 1989 and Optional Protocols Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment 1984 and Optional Protocol International Convention for the Protection of All Persons from Enforced Disappearance, 2006 Convention on the Rights of Persons with Disabilities, 2006 and Optional Protocol Suggested Suggested Readings: Upendra, Baxi The Future of Human Rights, New Delhi: Oxford University Press, 2002 Michael, Freeman, Human Rights: An Interdisciplinary Approach, Cambridge: Polity Press, 2003 Hersch, Lauterpacht, An International Bill of the Rights of Man, New York: Columbia University Press, 1945

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H.O, Aggarwal, Human Rights, Central Law Publications, 2014 S.K. Kapoor, International Law and Human Rights, Central Law Agency, 2014 D.D. Basu, Human Rights in Constitutional Law, Lexis Nexis, 2008 M.K. Sinha, Implementation of Basis Human Rights, Lexis, Nexis, 2013 Thomas, Buergenthal, International Human Rights in a Nutshell, West Publisher Company, 2009 E-Books https://www.pdfdrive.com/introduction-to-international-human-rights-law-

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COURSE CODE:BALLB(H)- 706

COURSENAME: PRIVATE INTERNATIONAL LAW

Course Outcomes: On completion of this course, the student will be able to: CO1: Describe the evolution and growth of International law. CO2: Interpret and illustrate the various concepts in International law. CO3: Recognize actual effect of International law as applied in various cases.

CO/PO Mapping

(S/M/W indicates strength of correlation) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 S W W M S S S W M S W S

CO2 S M M M S S S W S S M S

CO3 S M M M S S S W M S M S

Course Outline

Unit-I

Introduction Difference between Public and Private International Law Theories of Private International Law Characterization: Theories and Stages Renvoi and its theories Limitation on application or exclusion of foreign law: when foreign law is excluded: grounds- Public Policy Recognition and enforcement of Foreign Judgments Need for recognizing foreign judgments Limitations in recognizing and enforcement Section 13, 14 and 44 of CPC and S. 41 of Indian Evidence Act. Connecting Factors Incidental Question Time Factor Concept of Domicile General principles/fundamental principles Elements: intention and residence Domicile of Origin Domicile of Choice Domicile of dependence: married women’s position in English and Indian Laws Domicile of corporation Torts Traditional Theories Torts of recent importance in Private International Law such as Maritime Torts, Aerial Torts

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Unit-II Marriage Marriage as a contract and also status how different from other contracts (social personal contract) Questions of formal and essential validity Formal validity by lex loci celebrations Capacity to marriage, Consent, Not within prohibited degrees, Polygamous marriages, Of proper Age. Matrimonial Causes Concept of matrimonial cause (Relief) English and Indian positions Polygamous marriages and matrimonial relief Divorce, nullity, judicial separation Restitution of Conjugal Rights (in English Law) Adoption, Custody and Guardianship of Children Bases of Jurisdiction Recognition of Foreign Adoptions Adoption by Foreign Parents Guardianship and Custody: Jurisdiction and Enforcement Property Distinction between movable and immovable property Immovables governed by lex situs-exceptions in English law- S.16 CPC lex situs rule Transfer of Tangible Movables: Theories Transfer of Intangible Movables: Theories Formal and essential validity Succession Testate and intestate (Involuntary Assignment)- relevant provisions of Indian Succession Act, 1925 Intestate Succession Wills- Formal and Essential Validity Capacity-lex domicilii to make will (movables generally), immovable: lex situs Contracts Validity of contracts Capacity to contract-Main four theories Lex Loci, Lex Domicilii, lex situs and proper law Formal validity- lex loci contractus governs Essential validity- proper law is usually accepted as governing Discharge of contract- Lex loci solutionis governing Doctrine of ‘proper law’ of contract subjective and objective theories Suggested Readings: 1. Atul M Setalvad: Conflict of Laws, 1st Ed., Lexis Nexis, Butterworths, New Delhi, 2007. 2. Cheshire and NOrths, Private International Law, Oxford University Press, 13th Ed, 2006. 3. Dicey, Morris and Collins on the Conflict of Laws, 14th Ed, Sweet and Maxwell, 2006. 4. Paras and Peeyushi Diwan: Private International Law, Deep and Deep Publications, 4th Ed, 1998. E-Books https://www.pdfdrive.com/the-theory-and-practice-of-private-international-law-

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COURSE CODE:BALLB(H)- 707

COURSENAME: CORPORATE GOVERNANCE

Course Outcomes: On completion of this course, the student will be able to: CO1: Students understand the principles of corporate governance. CO2: Develop the skills in analysis of corporate governance relationship with companies’ performance. CO3: Students acquire the knowledge of basic functions of corporate governance, key financial and non-financial stakeholders, the role of financial and non-financial institutions in a company’s governance, key concepts of corporate governance. CO4: Students acquire the skills of matching corporate governance decisions and a company’s strategy, alongside taking ethical and reasonable, data-driven corporate governance decisions

CO/PO Mapping

(S/M/W indicates strength of correlation) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 S M W M M S M W W S M M

CO2 M S S S M M M M M S M S

CO3 M S S S M S S M M M S M

CO4 W S S S M S M M S M M S

Course Outline

Unit-I Introduction to corporate Governance Introduction to corporate world and the corporate terms. Introduction to the various scams Meaning and need of corporate governance- origin and objectives Importance of corporate governance Does corporate governance really matters? Corporate governance in Asian countries Development of corporate governance in India Comparison of the concept under 1956 Act and 2013 Act- the legal framework Recession and related scams- Enron case, Satyam case Protection of minority shareholder Stakeholder theory Shareholder Democracy as per New Companies Act,2013 Comparing the recommendations of various committees

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Criticisms on the recommendation of committees Corporate Governance Mechanism The procedural aspects of Corporate Governance- Clause 49 of Listing Agreement Reason behind shareholder being the real owner and the voting rights Various facets of agency problem Study on the Sarbanes- Oxley Act Training the employees for a better mechanism of corporate governance Corporate governance and Indian banking system

Unit-II BOARD OF DIRECTORS Director as agents of a company- legal provisions-comparison with the new Act, 2013- increased responsibilities Kinds of directors Concept of independence in corporations and independent directors Non- executive directors Relevance of risk management by directors and the extend of its effectiveness Role of directors- comparison with other countries Corporate criminal liability (Analysis of various Scams) Analysis of Whistle Blower Policy of various companies in the contemporary society- the success stories and the failures The need of transparency in the affairs of the company and its limitations. Auditors and Other Disclosures Importance of an Audit Committee Accountability and responsibility of the authorities Legal Framework Under Companies Act, 2013 Ethics and Values for an Auditor Role of an auditor in strengtheneing the business of a company The Companies (Auditor's Report) Order, 2015, Ministry of Corporate Affairs Analysis of Satyam Scam: An Eye opener Need for transparency in the affairs of a company Corporate Social Responsibility Need and New Developments. Strategies to create Business and Social Values Innovative ideas under New Comapanies Act, 2013. CSR and Sports CSR to CNR (Corporate Nature Responsibility) Recent relief Activities by corporations on the aftermath of Hud Hud cyclone, Nepal Earthquake etc Analysis of CSR report of random popular corporations. CSR criticised as a distraction from the objectives of a corporation Concept of good governance Achievement of Good governance by way of providing training to the employees- limitations The possibility of the effective implementation of the new improved and innovative tools for corporate democracy in the Indian society. Suggested Readings:

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1. Richard Smerdon, A Practical Guide to Corporate Governance, Sweet & Maxwell 2. N.BalaSubramaniam, Corporate Governance and Stewardship-Emerging Role and Responsibilities of Corporate Boards and Directors, 2010, Tata Mc Graw Hill Education Pvt Ltd 3. Sami Pathasarathy, Corporate Governance, Principles, Mechanisms and Practice 4. Mark Cardale, A Practical Guide to Corporate Governance, 5th edn 2014, Sweet & Maxwell, Thomson Reuters UK Ltd 5. Dr. N.V.Paranjape, Company Law, 5th edn 2012, Central Law Agency, Allahabad 6. Dimple Grover, Amulya Khurana, Ravi Shankar, The Regulatory Norms of Corporate Governance in India. 7. Sadhalaxmi Vivek Rao, Legal Framework and corporate Governance: An Analysis of Indian Governance System 8. Ministry of Corporate Affairs, Voluntary Guidelines on Corporate Governance, 2009 9. Sanjay Anand, Essentials of Corporate Governance 10. Kevin Keasey, Steve Thompson, Michael Wright, Corporate Governance, Accountability, Enterprise and International Comparisions 11. The Institute of Directors, Hanbook of International Corporate Governance 12. Christine Mallin, International Corporate Governance- A case Study approach 13. Frederick Lipman & Keith Lipman, Corporate Governance Best Practices, Strategies for Public, Private and NGOs. 14. Frank B. And Robert A., Law and corporate governance, Elgar financial law series 15. Edited by Alberto Chong, Florencio Silanes, Investor protection and corporate governance, Stanford University Press. 16. Jayati Sarkar, Subrata Sarkar, Corporate governance in India, Sage Publications

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117

COURSE CODE:BALLB (H)- 708

COURSE NAME: MERGER AND ACQUISITION

Course Outcomes: On completion of this course, the student will be able to: CO1- Identify the key issues and concepts of mergers and acquisitions. CO2- Assess various case studies to analyse valuation strategies, pre and post merger issues

and challenges. CO3- Apply the valuation techniques to Merger &Acquisition assessment and decision

making.

CO/PO Mapping

(S/M/W indicates strength of correlation) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 M S W S S S M W M M M S

CO2 W S M M S M M M M M S S

CO3 W M W M S M M W M S M M

Course Outline

Unit -I Preliminary Meaning of merger and acquisition History of mergers and acquisitions in India Difference between merger and acquisition Types of corporate mergers and acquisitions Types and Importance of Mergers 1. Types of corporate mergers and acquisitions 2. Need for corporate mergers and acquisitions 3. Importance of corporate mergers and acquisitions

Unit -II

Procedure 1. Process of merger and acquisition 2. Strategies of merger and acquisition 3. Reasons for failure of merger and acquisition Impact of Mergers and Acquisition 1. Impact of merger and acquisition 2. Merger and acquisition laws in India Costs and Terminology 1. Cost of merger and acquisition 2. Terminology used in Business Parlance Suggested Readings: 1. Company law, Singh Avatar, Eastern Book Company, lucknow. 2. Gurminder Kaur, Corporate Mergers and Acquisition, Deep & Deep Publication New Delhi.

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3. J.H. Farrar and B.M. Hanniyan, Farrar's company Law (1998) Butterworths 4. Seth Das & Associates, “Joint Ventures & Mergers and acquisition in India” Lexis Nexis Butterworths Publication. E-Books https://www.pdfdrive.com/mergers-and-acquisitions-in-india-e38550393.html https://www.pdfdrive.com/434-cross-border-mergers-and-acquisitions-in-india-e52900830.html https://www.pdfdrive.com/mergers-acquisitions-in-india-e33427196.html

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SUBJECT CODE: BALLB(H)- 709

TITLE OF THE COURSE: COMPETITION LAW

Course Outcomes: On completion of this course, the student will be able to: CO1- The students will have clarity about evolution, object and functions of Competition

law. CO2- The students will have clarity about the types of anti-competitive agreements and

testing its validity; the practices covered by abuse of dominant position; practices in connection with combinations.

CO3- The students will be familiarised with an understanding about the role of the CCI. Students will have a clear understanding about the conflicting issues regarding the IPR and competition laws, the investment issues under the competition laws and also the different modern dimensions of competition law.

CO/PO Mapping

(S/M/W indicates strength of correlation) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 S M M S M M W W M W W M

CO2 S M W M M M M W M M M S

CO3 S M M M S M M M M M S S

Course Outline

Unit - I

Historical Development : Evolution of Doctrine of Restraint of Trade : Vadic Era Restraint of Trade under Indian Contract Act. Enforcement Machinery MRTPC- Powers and Functions Registrar of Restrictive Trade Agreement Director Gaineral of Investigation - Powers and Functions. Complaint or Reference to the Commission Appellate Jurisdiction Restrictive Trade Practices and Role of Commission Territorial Restriction Tie-up Arrangement and Full time forcing Exclusive Dealings Restriction on Dealing Restriction of Manufacturing classes of Technical Know how Predatory Pricing Price Discrimination Price Fixing in Concert Collective Boycott Cullusive Tendering and Bidding

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Resale Price Maintenance Monopolistic Trade Practices and Role of Commission

Unit - II

Definitions Anti-competitive Agreement Abuse of Dominant Position Combination Composition of Competition Commission of India Aims, Objects and Salient feature of C.C.I. Duties Functions and Procedure for Investigation Inquiry into certain agreement and dominant position Inquiry into combination Reference by commission Acts taking Place outside India but having an effect on competition in India Powers to pass nature of order Powers to Issue Interim orders To impose Penalty and award compensation. Appointment of Director General etc. : its Duties powers and Functions Composition of Competition Appellate Tribunal Procedure and Powers for Appellate Tribunal Award Compensation Power to Punish for Contempt Execution of Orders Powers of Central Government : to Issue Directions To Supersede Commission, Removal and Suspension, Power to Exempt Appeal to the Supreme Court Suggested Reading : 1. Report of the Monopolies Inquries Commission, Government of India, 1965 (known Dr. Hazari Report) 2. Sachar Committee Report, High Powered Committee Report on MRTP & Company, 1980 3. High Level Committee on competition Policy and Law Government of India 2002. 4. Dr. R.K.Singh, Restrictive Trade Practice and Public Interest Mittal Publication,New Delhi, 1989. 5. Bare Acts with Shorts Notes 6. S.M. Dugar's MRTP Law, Competition Law and Consumer Protection 4th ed 2009 2 Vols. E-Books https://www.pdfdrive.com/competition-law-in-india-competition-commission-of-india-

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COURSE CODE:BALLB(H)- 710

COURSENAME: IPR MANAGEMENT

Course Outcomes: On completion of this course, the student will be able to: CO1- Enable the students to understand the commercial significance of copyrighted works

and the law governing the same and law of patents in India with respect to its eligibility,

ownership, acquisition, transfer, enforcement and remedies.

CO2- The students to learn the importance of trademark and the law governing the same in

a market economy.

CO3- Enable the students to learn the commercial importance of geographical indications

nationally and internationally and the law governing the same.

CO/PO Mapping

(S/M/W indicates strength of correlation) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 S S M S S M M M M S M M

CO2 S M M W M W M W M M M S

CO3 M M M M M M M M M S M S

Course Outline

II. Unit-I

Origin and Development of Intellectual Property Law, Concept, Meaning and Scope of Intellectual Property, Copyright, Patent Designs and Trademark, Main items covered under these different branches of Intellectual Property. Acquisition of Intellectual Property-Registration and its importance, Registration mandatory or procedure followed and its benefits in case of Copyright, Design and Trade Marks.

Unit-II

Exercise of Ownership Rights/Infringements and Protection of Copyright Rights recognised. Term-Assignment, License Patents-Rights-Term-Assignment-Revocation-License-Right of License Designs-Design Copyright-Term-Restoration Assignment Trade Marks-Right-Term-Restoration Ownership- Assignment Register use and Infringement International protection of Intellectual Property-International Conventions Brussels-Berne Conventions-IIPO Protocol 1991, Paris-Paris convention GATT Negotiations with special reference to (WTO), Trade Related Intellectual Property Madrid Agreement on Trade Marks 1989

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Suggested Readings: 1. N.S. Gopalkrishan: Cases & Materials on Intellectual property Law, National Law School, Bangalore, 1992 2. T.R. Srinivasa: The Copyright Act, 1957. 3. W.R. Cornish: Intellectual Property Law, Sweet and Maxwell 1981 4. P. Navoyenas: Intellectual property Law, Eastern Law House, Calcutta

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123

COURSE CODE: BALLB(H)- 711

COURSENAME: INFORMATION TECHNOLOGY

Course Outcomes: On completion of this course, the student will be able to: CO1- Explore the Legal And Policy Developments In Various Countries To Regulate

Cyberspace. CO2- Acquire in Depth Knowledge Of Information Technology Act And Legal Frame Work Of

Right To Privacy, Data Security And Data Protection.

CO/PO Mapping

(S/M/W indicates strength of correlation) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 S M W M S M M W M M W S

CO2 S M M M S M M W M M M S

Course Outline

Unit- I

Concept of Information Technology Evolution of Cyber Law Jurisdiction in Cyber Space Advantages and Disadvantages of Internet Technology Aims and Objectives of Information Technology Act Definitions: Computer, Computer Network, Computer Resource, Computer System, Asymmetric Crypto System, Virus Digital Signature and Electronic Signature (Section 3-3A) Electronic Governance (Section 4-10A) Attribution, Acknowledgement and dispatch of Electronic records (Section 11-13) Regulation of Certifying Authorities (Section 17-34) Electronic Signature Certificates (Section 35-39)

Unit- II Duties of Subscribers (Section 40-42) Penalties, Compensation and Adjudication (Section 43-47) Cyber Appellate Tribunal (Section 48, 52D, 55, 57-64) (inserted vide Finance Act 2017- 31/3/2017) Offences (Section 65-77) Intermediaries not to be liable in certain cases (Section 2(w), and 79) Investigation and procedure of Search and Seizure (78&80) Legal recognition of Electronic Evidence Grey Area of Information Technology Act Copyright Issues in Cyber SpaceTrademarks and Domain names Issues in Cyber Space Suggested Readings:

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1. Information Technology Act, 2000 2. Rodney Ryder, Guide to Cyber Laws, Wadhwa Nagpur, 2 nd Edition, 2003 3. Vakul Sharma, Information Technology: Law and Practice, Universal Law Publishers, 2nd edition, 2007 4. Vakul Sharma, Handbook of Cyberlaws, Universal Law Publication, Reprint Edtion 2010 5. Dr Farooq Ahemed, Cyber Law in India, New Era Law Publishers, 3 rd edition, 2008 6. Prag Diwan and Shimmi Kapoor, Cyber and E-Commerce Law, Bharat Publishers, 2nd Edition, 2000 7. V.K. Unni, Trademarks and Emerging Concepts of Cyber Property Rights, Eastern Law House, 2005 8. D.P. Mittal, Law of Information Technology (Cyber Law), Taxmann, 2000 9. Dr Amita Verma, Cyber Crimes and Law, Central Law Publishers, Allahabad, 2009 10. Dr Amita Verma, Cyber Crimes in India, Central Law Publishers, Allahabad, 2012 11. Diane Rowland and Elizabeth, Information Technology Law, 3 rd Edition, Oxon Cavendish Publishing, 2006

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125

COURSE CODE:BALLB(H)- 712

COURSENAME: TRADE SECRET AND TECHNOLOGY TRANSFER

Course Outcomes: On completion of this course, the student will be able to: CO1- Student will understand the nature of trade secrets, the reasons for protecting them

and the practical challenges in identifying and protecting them. CO2- Student will know how to develop an effective trade secret management program. CO3- Understand fundamental technology-transfer processes for transferring scientific

findings from one organization to another for the purpose of further development and commercialization

CO/PO Mapping

(S/M/W indicates strength of correlation) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 S S W M S M M M S M M M

CO2 W M S M S W M W M M M S

CO3 M M M M S M M M S M M S

Course Outline

Unit: 1

Basics about Trade Secretes and Technology Transfer 1. Trade Secretsa. Trade Secret, Its Essentials and Importance b. Violation of Trade Secrets c. Protection and Enforcement of Trade Secrets 2. Technology Transfer a. What is technology b. What does amount to Technology transfer c. need for the transfer of technology and commercialization of intellectual property d. Types of Technology Transfer National Legal Framework regarding Trade Secrets and Technology Transfer 1. Indian Contract Act, 1872 2. National Innovations Bill, 2008 3. Biological Diversity Act, 2008 4. Protection and Utilization of Public funded Research Bill, 2008 5. Custom based Laws

Unit-II International Legal Framework regarding Trade Secrets and Technology Transfer 1. Paris Convention on Industrial Property and Trade Secrets 2. TRIPS Agreement 3. Common Law Convention for the Protection of Trade Secrets

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4. US Uniform trade secret protection Act 5. US Bayh Dole Act 1980 Protections and Regulation of Trade Secrets and Technology Transfer 1. Doctrine of Unjust Enrichments 2. Foreign Investment promotion Board (FIPB) 3. Technology Transfer Board in US Confidentiality and Commercialization of Trade Secrets and Technology Transfer 1. Confidential information and Its Essentials 2. Maintenance of Confidentiality and Commercial Information 3. Status of Confidential Commercial Information Suggested Readings- 1. Ramsay. Technology Transfer, Lexis Nexis Publication, Delhi. 2. Licensing Trade Secrets Agreement, Business Valuation Resources Center Publication, Delhi. E-Books

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127

DESH BHAGAT UNIVERSITY, MANDI GOBINDGARH Faculty of Legal Studies

Semester Eighth

Course code Title of the Course Internal Assessment

Ext. Exam.

Total

BALLB(H)- 801 Environmental Law 26 74 100

BALLB(H)- 802 Taxation Law 26 74 100

BALLB(H)- 803 Company Law 26 74 100

Optional-4 26 74 100

Optional-5 26 74 100

Optional-6 26 74 100

Total 156 444 600

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CHOOSE ANY ONE GROUP FROM THE FOLLOWING. EACH GROUP CONSISTS OF THREE PAPERS

Optional Group

International Law

Course code Title of the Course Internal Assessment

Ext. Exam.

Total

BALLB(H)- 804 International Environmental Law 26 74 100

BALLB(H)- 805 Humanitarian and Refugee Law 26 74 100

BALLB(H)- 806 International Criminal Law and International Criminal Court

26 74 100

Optional Group

Business Law Group

Course code Title of the Course Internal Assessment

Ext. Exam.

Total

BALLB(H)- 807 Law on Banking 26 74 100

BALLB(H)- 808 Law on Insurance 26 74 100

BALLB(H)- 809 Law of Equity, Trust and Religious Endowments

26 74 100

Optional Group

Intellectual Property Law

Course code Title of the Course Internal Assessment

Ext. Exam.

Total

BALLB(H)- 810 Farmers and BreedersRight 26 74 100

BALLB(H)- 811 Bio Diversity Protection 26 74 100

BALLB(H)- 812 Intellectual Property Rights 26 74 100

Instructions for the Paper Setter

1. Maximum Marks: 100 (External Paper will be of 74 Marks & Internal assessment will be of 26Marks)

2. Minimum Pass Marks for External Paper: 45% = 33 Marks in each Paper 3. Minimum Pass Marks in Internal Assessment: 45% = 12 Marks in each Paper. 4. The maximum marks for external each paper is 74 and the time allowed is 3 hours. 5. The question paper will consist of three Sections: A, B and C.

129

a) Section A will consists of Multiple Choice Questions (15 marks) There will be 15 MCQs with four options of answers. All the questions will be compulsory

and each question will carry 1 (one) mark. There will be no negative marking. OMR Sheets

will be provided to students for attempting this section.

b) Section B will consists of Short Answer Type Questions (24 marks) There will be 8 questions out of which 6 will have to be attempted. Each question will

carry 4 (four) marks. The answer is to be given in about 150 words.

c) Section C will consists of Essay Type Questions (35 marks) This section will cover 50% marks of the total marks. To cover the whole syllabus there will

be three questions (10 marks each) and one question (5 marks).

130

COURSE CODE:BALLB*H)- 801

COURSENAME: ENVIRONMENTAL LAW

Course Outcomes: The objective of this course is to acquaint the students with the environmental issues, pollution and control and the measures taken for its protection along with the norms prevailing at international and national level.On completion of this course, the student will be able to: CO1: Analyze advanced and integrated understanding of the complex body of knowledge in the field of environmental law CO2: Develop the capacity to identify new law and apply existing law in the rapidly evolving legal context for environmental law CO3: Determine and analyse the different causes of pollution and legal remedies to control it on national level. CO4: Analyse and evaluate laws relating to environmental aspect on a national level and its comparison with other countries.

CO/PO Mapping

(S/M/W indicates strength of correlation) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 S M M W M S S W S M W W

CO2 S M M W M S S W S S W S

CO3 S M S W S S S W S S M S

CO4 S W S S M S S W S S W S

Course Outline

Unit-I Environment

Meaning of Environment Origin of Environment Law Nature and Definitions of Environment Law Scope of Environment Law Kinds of Environment Pollution Factors responsible for causing Environment Pollutions

Constitutional Provisions Preamble Legislative Powers concerning Environment

I. Union List II. State List III. Concurrent List

Fundamental Rights and Environment Protection Directive Principles of State Policy and Environment Protection

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Fundamental Duties and Environment Protection Writ Jurisdiction and Prevention of Environmental Pollution India’s International Obligations to Implement International Agreement

The Factories Act, 1948 Chapter III Health Chapter IV-A Provisions Relating to Hazardous Process

The Environment Protection Act, 1986 Scope and Commencement of the Act Definitions Powers of Central Government to Protect and Improve Environment Penalty for contravention of the Provisions of the Act Offences by Companies and Government Departments Bar of Jurisdiction

Unit-II Noise Pollution

Definitions Noise Pollution Control and Constitutional Provisions Sources of Noise Pollution Effects of Noise Pollution Control of Noise Pollution under Criminal Law Control of Noise Pollution under Central Legislations Control of Noise Pollution under Noise Pollution (Regulation and Control) Rules,2000

The Water (Preservation and Control of Pollution) Act, 1974 Sources of Water Pollution Effects of Water Pollution Definitions Composition, Functions and Powers of the Boards Prevention and Control of Water Pollution Penalties and Procedure Miscellaneous Provisions

The Air (Prevention and Control of Pollution) Act, 1981 Sources of Air Pollution Effects of Air Pollution Definitions Composition, Functions and Powers of the Boards Prevention and Control of Air Pollution Penalties and Procedure Miscellaneous Provisions

The Wild Life Protection Act, 1972 Constitutional Mandate to Protect Wild Life Composition, Powers and Functions of the Authorities under the Act Hunting of Wild Animals Protection of Specified Plants Protected Areas Central Zoo Authority and Recognition of Zoo Trade and Commerce in Wildlife Prohibition of Trade and Commerce in Trophies, Animal Articles

132

Prevention and Detention of Offences Penalties

The National Green Tribunal Act, 2010 Salient Features

Suggested Readings: 1. Armin Rosencranz, Shyam Divan, Martha L. Noble: Environmental Law 2. A. Agarwal (ed.): Legal Control of Environmental Pollution 3. Chetan Singh Mehta: Environmental Protection and Law 4. V.R. Krishna Iyer, Environment Pollution and Law 5. Shah, Environmental Law 6. Leela Krishna, P, The Evolving Environmental Law and Policy in India 7. Leela Krishna, P, Environmental Law 8. Paras Diwan, Environmental Law, Policy, Administration 9. Animal Laws of India, Maneka Gandhi, University Law Publishing Co. Pvt. Ltd. 10. S. Shanthkumar, E L, Surya Publications, Delhi. 11. Our Common Future: The World Commission on Environment and Development, Oxford University Press,Oxford, 1987. 12. Paras Diwan and Peuish Diwan: Environment Administration Law and Judicial Attitude (2 Volumes), Deep & Deep Publication, New Delhi, 1992. 13. K. Thakur: Environment Protection: Law and Policy in India Deep & Deep Publication New Delhi, 1997. 14. Gurdeep Singh: Environment Protection

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133

COURSE CODE:BALLB(H)- 802

COURSENAME: TAXATION LAW

Course Outcomes: On completion of this course, the student will be able to:

CO1: Explain different types of incomes and their taxability and expenses and also their deductibility. CO2: State the use of various deductions to reduce the taxable income. CO3: Demonstrate the provisions and procedure to compute total income under five heads of income i.e. salaries, house property, profit & gains from business, capital gains and other sources.

CO/PO Mapping

(S/M/W indicates strength of correlation) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 S S M W S W W W W W M M

CO2 S S S M S W W M W W M M

CO3 S S M S S M W W M M M M

Course Outline

Unit-I History of Tax Law in India, Constitutional provisions relating to Taxation Nature and Scope of Tax, Definition: Persons, Assesses, Tax Pays, Previous year, Assessment years, Financial year, Income, Gross Taxable Income, Taxable Income, Agricultural Income, Tax Evasion and Tax Avoidance Direct Tax Income Tax, Residential Status: Rules (Sec.6), Tax Liability Exemption (Sec.10), Deduction (Sec.80), related to individual, Expenses & Income, Rebate (Sec.88 & 88 B), Deemed income and clubbing of income, Carried Forward and Set of losses.

Unit-II Income Tax Heads of Income: Income from Salary, House property, Business and Profession, Capital Gain and other sources Calculation of Gross Total and Taxable income, Tax rebate and Computation of Tax Liability, Tax Collection at source and Advance Tax Assessment Procedure, Types of Assessment, Income Tax Authority: Their function, Duties and Powers, Appeal, Offences, Fines and Penalties, Settlement of grievances and Prosecution, Income Tax Act, 1961, Income Tax Rules Books: 1. Girish Ahuja, Dr Ravi Gupta: Practical Approach to Income tax

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2. V.K. Singhania: Direct Tax Law and Practice 3. V.P. Gaur and D.B. Narang: Income Tax and Practice E-Books https://www.pdfdrive.com/introduction-to-taxation-law-e34336919.html

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COURSE CODE:BALLB(H)- 803

COURSENAME: COMPANY LAW

Course Outcomes: On completion of this course, the student will be able to: This Course will impart comprehensive information on Company along with its kinds, Memorandum, Association, Article of Association, Prospectus and rights and duties of member and director of company, Debentures and winding up procedure. On completion of this course, the student will be able to:

CO1: Understand Company incorporation and rules. company's running procedure, manner

of raising funds and roles and responsibilities of directors and Winding up of a company and

its procedures

CO2: Understand Company incorporation and rules, company's running procedure, manner of raising funds and roles. CO3: Understand the responsibilities of directors and Winding up of a company and its procedures

CO/PO Mapping

(S/M/W indicates strength of correlation) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 S M M W M M W W S M S W

CO2 S M W W M M W W M W M M

CO3 S S W M M W W M S M M W

Course Outline

Unit-I Formation, Registration and Incorporation of Company Company and its classification Meaning of Company Distinction between company and other associations Nature and kinds of company Formation, promotion and incorporation of companies Promoters: Position, duties and liabilities Mode and consequences of incorporation Uses and abuses of the corporate firm, lifting of corporate veil Theory of Corporate personality Memorandum of Association: Meaning, purpose and contents, alteration and binding nature of memorandum of association, Doctrine of ultra vires

136

Articles of Association: Meaning, form and contents, binding nature, alteration, relation with memorandum of Association Doctrine of Constructive Notice of Memorandum and Articles Doctrine of Indoor Management and its exceptions

Unit II Capital Formation of Regulation Prospectus: Contents, statement in lieu of prospectus, registration of prospectus and remedies against misrepresentation in the prospectus, prospectus of foreign Companies Shares: meaning and kinds of shares, allotment of shares, general principles regarding allotment, statutory restrictions on allotment Statutory share certificate, its objects and effects Transfer of shares: Procedure for transfer of shares and restrictions on transfer of shares, certification of transfer relationship between transferor and transferee Share Capital, reduction of share capital Debentures: definitions, characteristics and kinds of debentures, distinction between debentures and shares, shareholders and debenture holders , Remedies available to debenture holders against non-payment debenture holders. Winding up Suggested Readings: 1. The Companies Act, 2013 2. L.C.B. Gower, Principles of Modern Company Law, 1997 Sweet & Maxwell, London 3. A. Ramaiya, Guide to the Companies Act, 1998 Wadhwa 4. Palmer, Palmer's Company Law, 1987 Stevens, London 5. Avtar Singh, Indian Company Law, Eastern Book Co. 6. R.K. Bangia, Company Law 7. Dr. N.V. Paranjape, Company Law 8. B.N.M. Tripathi, Company Law

E-Books

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COURSE CODE:BALLB(H)- 804

COURSENAME: INTERNATIONAL ENVIRONMENTAL LAW

Course Outcomes: On completion of this course, the student will be able to:

CO1: Student will understand the historic development of international environmental law and to identify and describe its basic principles and rules and outline the international legal system within which these principles and rules have developed. CO2: To consider the role of the concept of sustainable development and its impact on international environmental law in terms of attempts to reconcile developmental and environmental objectives. CO3: To consider the adequacy of the international legal system to address substantive regional and global environmental concerns and to enable students to assess critically its effectiveness.

CO/PO Mapping

(S/M/W indicates strength of correlation) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 S M M M M M M W M S M S

CO2 M M M S M S M M M M S S

CO3 M W W M M S M M M S S S

Course Outline

Unit-I Introduction Historical Evolution Developed and Developing Countries Perspectives Stockholm, Rio and Johannesburg Sources and Principles Sources: Treaties Custom General Principles of Law Other Sources Principles: Sovereignty over Natural Resources Obligation Not to Cause Damage Principles of Preventive Action and Precaution Polluter Pays Principle and Equitable Sharing of Cost Sustainable Development Equitable Utilization Common but Differentiated Responsibilities The Link Between Environment and Development Transboundry/Transnational Pollution: State Liability and State Responsibility Desertification as a Transnational Problem; Tropical Deforestation; The 1994 Desertification Convention Transboundary River Pollution; Transboundary Groundwater Pollution Transboundary Shipments of Hazardous Wastes; The Basel Convention Regime Transfrontier Air Pollution and Convention on Transboundary Air Pollution Environmental Warfare State Liability: Theoretical Issues Victim State Sovereignty Threshold Of Cognizable Injury The Legacy of the Trail Smelter Arbitration Standard of Liability Strict Liability and Ultra-

138

Hazardous Activities Viability of a Liability Regime Unit-II

Global Commons Oceans: Oceans as a Commons; Marine Pollution; Fishery Conservation. Atmosphere: Ozone Layer Depletion; The Ozone Protection Regime; The Climate Change Convention. Antarctic Treaty Regime Protection of Spices and Ecosystem Protection: Species; Migratory Species; Whales and Seals Protection of Genetic Variety; Causes of Biodiversity Loss; Ecosystem Protection Compliance and Governance Mechanism State Obligations and the role of judiciary; policy and legislative measures in India for environmental protection International Environmental Institutions including UNEP and other specialized agencies and their Reforms Expanding The Role of Non-governmental Organizations Suggested Reading: 1. Donald K. Anton, Jonathan I. Charney, Philippe Sands, Thomas Schoenbaum and Michael J. Young, International Environmental Law: Cases, Materials, Problems (LexisNexis 2007). 2. Elli Louka, International environmental law: fairness, effectiveness, and world order, Cambridge University Press, 2006. 3. Pilippe Sands, Principles of international environmental law, Cambridge University Press, 2003. 4. S Bhatt,International Environmental Law, APH Publishing, 2007 ‐ 5. Edith Brown Weiss, Daniel Barstow Magraw, Paul C. Szasz, International environmental law: basic instruments and references,1992-1999, Volume 2, Transnational Publishers,1999. 6. Documents in International Environmental Law, Philippe Sands, Eds, Cambridge University Press, 2004. 7. Alexandre Charles Kiss, Dinah S helton, International environmental law,Transnational Publishers, 2004. 8. P.K. Rao,International environmental law and economics,ley-Blackwell, 2002. 9. Michael I. Jeffery, Biodiversity Conservation, Law and Livelihoods: Bridging the North- South Divide, Cambridge University Press, 2008. 10. Neil Craik, The International Law of Environmental Impact Assessment Process, Substance and Integration, Cambridge University Press, 2008. 11. Environmental Law, the Economy and Sustainable Development, Eds by Richard L. Revesz, Philippe Sands , Richard B. Stewart, Cambridge University Press, 2008. E-Books https://www.pdfdrive.com/the-imli-manual-on-international-maritime-law-volume-iii-marine-

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139

COURSE CODE:BALLB(H)- 805

COURSENAME: HUMANITARIAN AND REFUGEE LAW

Course Outcomes: On completion of this course, the student will be able to:

CO1- Identify various solutions to legal problems at hand and in addition, apply the relevant international law norms/rules in a qualified manner CO2- Read and understand international case-law as well as identify the relevant issues in the concrete case CO3- Analyse the human rights norms in a contextual manner, i.e. to apply an ideological perspective.

CO/PO Mapping

(S/M/W indicates strength of correlation) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 S M M M M S M M M M M M

CO2 M M S S M M M S W W W M

CO3 W S W S S M M S M M M S

Course Outline

Unit-I

Introduction to International Humanitarian Law Nature and Definition of IHL Historical Background and Origins of IHL Inter-state resort to force and international law – Prohibition and Exceptions Use of Force and International Humanitarian Law (IHL) Relationship between ius ad bellum and ius in bello Sources of Modem IHL – Customary International Humanitarian Law - Development of the Geneva Conventions and Additional Protocols Concept of War-International and Non-International Conflicts

Unit-II Relationships between IHL and International Human Right Law (IHRL) The Problem of Applicability of Human Rights law in Armed Conflict Definition of refugees and displaced persons their problems The UN Relief and Rehabilitation Administration and other International Refugee Organization: International Protection Protection under national laws Strategies to combat refugee problem Repartition, resettlement local integration and rehabilitation Role of UNHCR in Refugee Protection

140

Suggested Readings: 1. Ingrid Detter, The Law of War, (Cambridge, 2000) 2. A. Roberts and R. Guelff, eds., Documents on the Laws of War (Oxford, 2000) 3. Legality of the Threat or Use of nuclear weapons, Advisory Opinion, ICJ Reports (1996) 4. M.K. Balachandran and Rose Verghese (eds.) – International Humanitarian Law ICRC (1997) 5. Ravindra Pratap, “India’s Attitude towards IHL”, in Mani (ed.) International Humanitarian 6. Law in South Asia (Genava: ICRC, 2003) 7. Guy S. Goodwin – The Refugee in International Law (Oxford, 2000). 8. A. Vibeke Eggli, Mass Refugee Influx and the Limits of Public International Law (The Hague : Nijhoff, 2002)

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141

COURSE CODE:BALLB (H)- 806

COURSENAME: INTERNATIONAL CRIMINAL LAW AND INTERNATIONAL CRIMINAL COURT

Course Outcomes: On completion of this course, the student will be able to:

CO1- Student will demonstrate the knowledge of the historical evolution of international criminal law, its structure, development and application before international and national courts. CO2- The Students will Comprehend the basic workings of international criminal tribunals, in particular the permanent International Criminal Court. CO3- Students will demonstrate an understanding of the evolution of the concept of international crime, from piracy juris gentium to the drafting of the Statute of the International Criminal Court, as well as the law and procedure regulating the activities of the International Criminal Court;

CO/PO Mapping

(S/M/W indicates strength of correlation) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 S S S M S M M W M M M M

CO2 M M M M M M W M S S M S

CO3 S M S S M M M M S M M S

Course Outline

Unit –I Concept of International Criminal Law Historical Development of International Criminal Law and Emergence of various tribunals Nuremberg Tribunal, Tokyo Tribunal, International Criminal Tribunal for Former Yugoslavia, International Criminal Tribunal for Rwanda, Special Court of Sierra Leone Concept of Universal Jurisdiction Principles of Criminal Liability including – Nullum Crimen Sine Lege, Nullum Peona Sine Lege Principle of Individual Criminal Responsibilities Superior Responsibility or Command Responsibility

Unit-II Establishment of International Criminal Court under the Rome Statute 1998 Jurisdiction and admissibility of ICC Concept of Complementary Jurisdiction Crimes within the Jurisdiction of the ICC: Genocide, War crimes, Crimes against Humanity and Act of Aggression.

142

Jurisdiction ratione temporis Power of Referral under the Rome Statute Power of Deferral under the Rome Statute. Pre-conditions to exercise of Jurisdiction Procedure for Prosecution under the ICC Suggested Readings: 1. Bassiouni, M. Cherif, International Criminal Law, Vol. I, II And III, Transnational Publishers Inc., New York, 1998 2. Kittichaisaree, Kriangsak, International Criminal Law, Oxford University Press, 2002 3. McGoldrick, Dominic, The Permanent International Criminal Court: Legal and Policy 4. Issues, Hart Publishing Oxford and Portland Oregon, 2002 5. Schabas, William A., An introduction to International Criminal Court, Cambridge University Press, 2002

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143

COURSE CODE:BALLB (H)- 807

COURSENAME: LAW ON BANKING

Course Outcomes: On completion of this course, the student will be able to: CO1: Students will understand the conceptual and legal parameters including the judicial interpretation of banking law. CO2: Understand the new emerging dimensions in banking system including e-commerce and e-banking. CO2: Demonstrate the skills to analyse Banking system in India.

CO/PO Mapping

(S/M/W indicates strength of correlation ) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 S M S W S M M M W S M S

CO2 M M S S S M M W M S M S

CO3 S M M W W S S M W S M M

Course Outline

Unit-I

Historical Perspective, emergence and importance of commercial banking Kinds of banks and their functions Banking Regulation Act, 1949 The Banking Ombudsman Scheme, 1995 Liability under Consumer Protection Act, 1986 Legal Regime to Control Banking Frauds

Unit-II

Recovery of Debts due to Banks and Financial Institutions Act, 1993 The Negotiable Instruments Act, 1881 The Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (also known as the SARFAESI Act)- Salient Features, Key Features of Sarfaesi (Amendment) Act, 2016 Recent Trends in Banking : Automatic Teller Machine and Internet Banking, Smart Cards, Credit Cards Suggested Readings: 1. Avtar Singh, Negotiable Instruments Act 2. P.N. Varshney, Banking Law and Practice, Sultan Chand & Sons, New Delhi

144

3. Justice Bhagbati Prasad Bannerji, Guide to Securitisation and Reconstruction of 4. Financial Assets and Enforcement of Security Interest Act, 2002 5. K.P.M., Sundhram, Banking Theory: Law and Practice, Sultan Chand & Co. Ltd., New Delhi 6. Basu, Review of Current Banking : Theory and Practice 7. B.M. Lal Nigam, Banking Law & Practice, Konark, New Delhi 8. L.C. Goyle, The Law of Banking and Bankers 9. M.S. Parthasarthy (Ed.), Khergamvala, Negotiable Instruments Act

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145

COURSE CODE:BALLB(H)- 808

COURSENAME: LAW ON INSURANCE

Course Outcomes: On completion of this course, the student will be able to: CO1: Student will understand the difference between Life & Non-Life Insurance. and how to choose life insurance policies based on their needs CO2: Explain and address various obstacles and barriers experienced by individuals before, during, and after adopting insurance with the help of case laws. CO3: To have knowledge of banking, insurance and capital market law besides fundamental

legal knowledge,

CO/PO Mapping

(S/M/W indicates strength of correlation) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 S S M M S S M M S M W S

CO2 W S M M S S M M S M W S

CO3

Course Outline

Unit-I Origin, History and Development of Life Insurance in India Life Insurance Corporation Act, 1956 Non-Life Insurance Contracts Nature and Functions of Insurance Contract Difference Between Insurance Contract and Wagering Contracts Proposal, Acceptance, Competence of the Parties, Lawful Consideration, Lawful Object.

Unit-II

Insurable Interest Doctrine of Utmost Good Faith Indemnity, Subrogation and Contribution Assignment and Nomination Doctrine of Proximate Cause Representation and Warranty Suggested Readings: 1. Principles of Insurance Laws - M.N. Srinivasan 2. Law of Insurance - A. Singh 3. Insurance Law Manual -- Kaushal & Mohanty 4. Insurance Manual – TaxMann 5. Handbook on Insurance Laws -- Gyanendra Kumar 6. Manual of Insurance Laws -- Bharat

147

COURSE CODE:BALLB(H)- 809

COURSENAME: LAW OF EQUITY, TRUST AND RELIGIOUS ENDOWMENTS

Course Outcomes: On completion of this course, the student will be able to: CO1: Understand the origin and development of equity and difference between law and equity along with analyze the concept of equity in Indian law CO2: Describe and evaluate fundamental doctrines covered, including the relationship of equity to other parts of the law. CO3: Understand and implement the key ingredients of Law of Equity. CO4: Appreciate the fundamentals of Law of Trust and Demonstrate the status and situation of Math and other religious endowments.

CO/PO Mapping

(S/M/W indicates strength of correlation) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 S M S W S S W M W W M S

CO2 S M S M S S W M W W W M

CO3 M M M W M M W W M W W M

CO4 M M S W S S M M S M M W

Course Outline

Unit-I Equity Concept of Equity Definition, Nature and origin of equity, Equity as a Court of conscience, transformation of equity, the relation between common law and equity, Judicature Acts of 1873 and 1875, the nature of equitable rights, classification of equitable rights Equitable doctrines: Conversion and reconversion, election, performance and satisfaction; The Maxims of equity Equity will not suffer a wrong to be without a remedy; Equity follows the law; where equities are equal, the law shall prevail; where equities are equal, first in time shall prevail. He who seeks equity must do equity; He who comes to equity must come with clean hands; Delay defeats equity; equality is equity; equity looks to the intent rather than to the form; equity looks on that as done which ought to have been done; equity imputes an insertion to fulfill an obligation; equity acts in personam

Unit-II The Indian Trust Act 1882:

148

Definition (sec 3); Creation of Trusts Rules (sections 4-10); Duties and Liabilities of the Trustees (Sections 11-30); Public and private Trusts and Doctrine of Cyprus. Rights and powers of Trustees (Sections 31-45); Disabilities of Trustees (Sections 46-54); rights and Liabilities of Beneficiaries (Sections 55-69); Vacating the office of Trustee and Extinction of Trusts (sections 70-79). Religious Endowments

Definition and nature of religious endowments Essentials of Valid Endowments Object and Scope of Religious Endowment

Maths Shebaitship, Power and duties of shebait.

Wakf Definition Object of Wakf Essentials of Wakf

Suggested Readings: 1. ‐ Singh G.P. Principles of Equity with special reference to trust and specific relief. 2. ‐ Tandon M.P. Principles of Equity with trusts and Specific Relief. 3. ‐ Basu, D.D. Equity, Trusts and Specific Relief. 4. ‐ Snell; Principles of Equity. 5. ‐ B.M Gandhi Equity, Trust and specific Relief. E-Books https://www.pdfdrive.com/a-collection-of-legal-maxims-in-law-and-equity-with-english-

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149

COURSE CODE:BALLB(H)- 810

COURSENAME: FARMERS AND BREEDERS

Course Outcomes: On completion of this course, the student will be able to: CO1: Students will be able to recognize and examine the relationships between inputs and outputs in their agricultural field to make effective and profitable decisions. CO2: Students will understand how all aspects of agriculture combine and are used by scientists, marketers, and producers. CO3: Students will understand how employer characteristics and decision-making at various levels enhance the success of an agricultural enterprise. CO4: Students will be able to demonstrate critical thinking and problem solving skills as they apply to a variety of animal and or plant production systems.

CO/PO Mapping

(S/M/W indicates strength of correlation) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 M S M W S M M M M S M M

CO2 M S S M S M M S M M M M

CO3 W M M M M W M S S S M S

CO4 M S M S M M M M S W M S

Course Outline

UNIT – I Objectives of Plant Varieties Protection and Plant Breeders' Rights [PBRs]

Plant Variety (a) Plant Classification (b) Naming of PlantsI

Origin of Plant Breeding and Crop Improvement (a) Beginnings of Systematic Plant Breeding (b) Genotype and Phenotype (c) Mendelian Genetics

Plant Breeding and Variety Development (a) Increasing the Productive Yield (b) Physical Characteristics (c) Pest and Disease Resistance (d) Change in Maturity Duration (e) Desirable Agronomic Factors (f) Quality Improvement (g) Wider Adaptation (h) Improved Nutritional Aspect

Approaches for Development of New Varieties (a) Conventional Breeding

150

(b) Hybrid Breeding (c) Modem Techniques for Crop Improvement (d) Biotechnology and Plant Breeding (e) Genetically Modified Plant Varieties

Commercial Plant Variety Production (a) Maintaining Genetic Diversity (b) Notification of Variety (c) Genetically Modified Varieties (d) Maintenance Breeding (e) Seed Certification

Rationale for Sui Generis IPR Regimes for Plant Varieties (a) Self-replicating Inventions (b) Invention, Inventive Step and New Plant Variety (c) The Criteria of Novelty (d) Privileges Under PBR

Justification of PBRS Plant Varieties Protection and the TRIPS Obligation

Evolution of PBRs (a) Initial Attempts (b) The US Plant Patent Act (c) Establishment ofUPOV

The TRIPS Agreement (a) TRIPS Obligations and IPR (b) Options for Protecting Plant Varieties (c) Rationale for Sui generis Option

Alternatives for Protecting New Varieties (a) Patent System (b) Plant Patents (c) Plant Breeders' Rights and UPOV (d) Plant Variety Protection Certificates {United Statesf (e) Community Plant Variety Rights (European Union) (f) Regulations on the Protection of New Varieties of Plants (People's Republic of China) (g) Protection of Plant Varieties and Farmers' Right Act (India)

Review of Article 27.3(B) Obligations under other International Instruments on Plant Genetic Resources

Background of CBD Negotiations (a) Issues related to Conservation (b) Issues related to Patents (c) Objectives of the Convention on Biological Diversity (d) CBD and Issue of Access and Benefit Sharing (e) Mutually Agreed Terms and Material Transfer Agreements (f) Prior Informed Consent (g) Implementation of Access and Benefit Sharing Provisions

Plant-Genetic Resources for Food and Agriculture (a) International Undertaking on Plant Genetic Resources

151

(b) International Treaty on Plant Genetic Resources for Food and Agriculture Biosafety Issues-The Cartagena Protocol National Response

(a) Biological Diversity Act, 2002 (b) Protection of Plant Varieties and Farmers' Rights Act (c) Patent Act (d) The Biosafety Regulatory Framework The International Union for the Protection of New Varieties of Plants (UPOV)

Key Provisions of the UPOV Convention (a) Scope of Plant Breeders+Rights (b) Varieties Covered within the Scope of the PBRs (c) Essentially Derived Varieties (d) Duration of Plant Breeders' Rights (e) Exploitation of Protected Varieties (f) Exceptions of PBR

Requirements for Protection of New Plant Varieties (a) Variety Denomination (b) Novelty (c) The DUS Criteria (d) Distinctness (e) Uniformity (f) Stability

The DUS Tests (a) Characteristics in DUS Testing (b) Technical Cooperation under UPOV

Application for Plant Breeders' Right (a) Filing of Applications (b) Right of Priority (c) Form of Application and Fee (d) Acceptance or Rejection (e) Detailed Description of the Plant Variety (f) Objection to an Application for PBRs (g) Inspection of Application and Objections (h) Provisional Protection (i) Declarations of Essential Derivation (j) Grant of PBRs (k) Revocation

Compulsory Licensing Enforcement and Remedies Administration Features Introduced Membership by the 1991 Act of UPOV UPOV and WIPO

Unit-II Plant Varieties and. Farmers' Rights Act

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Objectives of the PPV and FR Act Rights Conferred by Registration Varieties Protected Criteria for Protection Conducting the Dus Tests

(a) Requirements of Material for DUS Testing (b) Characteristics Used in DUS Testing (c) Examining Distinctiveness (d) Examining Uniformity (e) Examining Stability (f) Denomination

Application Form Advertisement and Opposition to Application Period of Protection Payment of Annual Fee Registration of Essentially Derived Varieties Researcher' Right Farmers' Rights Communities Rights Compulsory License Benefit Sharing National Gene Fund Exclusion of Certain Varieties Plant Variety Protection Appellate Tribunal

Enforcement of PBRs

Scope of Breeder's Right (a) Protection of Plan Varieties and Farmers' Right Act (b) The UPOV Convention (c) Community Plant Variety Rights

The Period of Protection Infringments

(a) Enforcing Protection (b) Infringement and Enforcement Remedies

Problems in Enforcing PBRs-Exemptions Strategies for Enforcing PBRs

(a) Fixed Royalty Rate (b) Royalty Connected to the Seed Price (c) Minimum Royalty Rate (d) Royalty Intervals Connected to Sold Quantity (e) Multiplication Acreage and End-point Royalties (EPR)

Non-PBR Mechanisms to Enforce the Interest of Breeders (a) Biological Protection (b) Seed and Biosafety Regulations (c) Contracts (d) Brands and Trademarks

Support by the National Offices in the Enforcement of the PBRs

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The, Protection of Plant Varieties and Farmers' Rights Authority

Composition of the Authority (a) The Chairperson (b) Non-official Members

Meetings Standing Committee Committees and Task Force Duties Delegation of Powers Judicial Powers Establishment of Plant Variety Registry Determination of Benefit Sharing Invoking Compulsory License Registrar General and Registrar Finance, Accounts and Audit

IP Protection for Farmers' Varieties and Related Traditional Knowledge'

Rationale for Farmers' Rights Protection of Plant Varieties and Farmers' Rights Act

(a) Farmers' Rights Over Seed (b) Farmer as a Breeder (c) Farmer as a Conservationist (d) Benefit Sharing Provision (e) Compensation for Crop Failure (f) Disclosure of Information (g) Compulsory Licenses (h) Right to Free Services (i) Protection from Infringement (j) Terminator Technology Forbidden

Biological Diversity Act Suggested Readings: 1. P. Narayanan: Intellectual Property Law 2. Brahmi P, Agrawal R.C. and Sharma S.K. (2009) Guidelines for filingapplications for registration under the Protection of Plant Varieties and Farmers' Rights Act 2001. National Bureau of Plant Genetic Resources, New Delhi, p. 162. 3. ICAR Guidelines for Intellectual Property Management and Technology Transfer/ 4. Commercialization (2006). ICAR, New Delhi, p. 122. 5. The protection of Plant Varieties and Farmers Right Act 2001. Bare Act with 6. Short Notes. Universal Law Publishing Co. Pvt Ltd, New Delhi, p. 127. 7. David I. Bainbridge, Intellectual Property, Longman, 9 th Edition, 2012 8. Peter Groves, Sourcebook on Intellectual Property Law, Routledge-Cavendish, 1997. 9. Susan K Sell, Private Power, Public Law: The Globalization of Intellectual Property Rights, Cambridge University Press, 2003 10. N.S. Gopalakrishnan & T.G. Ajitha, Principles of Intellectual Property, Eastern Book Company, 2nd Edition , 2014

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11. Jayashree Watal, Intellectual Property Rights in the WTO and Developing Countries, Oxford University Press, 2001 12. Elizabeth Verkey, ‘Law of Plant Varieties Protection’, (2007) Eastern Book Co., Lucknow, p. 145. 13. Twenty-fifth Session of the FAO Conference - Rome, 1989, Resolution 5/89. 14. PVPFR Act 15. Suman Sahai, India’s Plant Variety Protection and Farmers’ Right Act, 2001, Current Science, Vol. 84, No. 3, Feb. 2003, pp. 408-410. Website: 1. WWW.plantauthority.gov.in 2. http://www.fao.org 3. http://www/wto.org 4. http://www.upov.in E-Books https://www.pdfdrive.com/breed-your-own-vegetable-varieties-the-gardeners-farmers-

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COURSE CODE:BALLB(H)- 811

COURSENAME: BIO DIVERSITY PROTECTION

Course Outcomes: On completion of this course, the student will be able to: CO1. Students will be able to describe the global biodiversity crisis. CO2. Student will be able to evaluate the pros and cons of species introductions and reintroductions and make critical judgments on the conflict between conservation and development. CO3. Evaluate which management options are likely to be effective for conserving biodiversity in different settings.

CO/PO Mapping

(S/M/W indicates strength of correlation) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 M M W M S M M W M S S S

CO2 W S M S S M M M M S M S

CO3 W S M S S M M W W M M M

Course Outline Unit-I

Introduction and overview of Biological Diversity; Meaning and scope of Biological Diversity; Biological resources and Traditional Knowledge; Rationale for protection; Threats to Biodiversity; Treaties, International trade regime and biodiversity protection; Relationship of Bio Diversity and Biotechnology Protection of Traditional Knowledge: Traditional Knowledge and Patent Law, Traditional Knowledge and the Convention of Biological Diversity, Bio-Prospecting. Codification of Traditional Knowledge and Protection of Community rights, The Biological Diversity Authorities and their functions, WIPO consultation on Traditional Knowledge Unit-II Protection of Biodiversity: For Developing Nations, For Developed Countries, Farmers and Economy Bio-piracy: Meaning, International and National Dimensions, Effect of Bio-Piracy-On the

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Economy Controversies: The BT-Cotton Controversy, the Yellow Bean Controversy, the BT Brinjal Controversy International and National Means to Control Bio-Piracy TRIPS agreement and technology transfer. Biotechnology and bio-diversity, UNCTAD conference on trade and environment Convention of Biological Diversity (CBD) and Technology Transfer: Prior Informed consent, Risk Assessment, Precautionary measures and Benefit Sharing. Salient features of Biological Diversity Act; Regulation of access to Biological Diversity; National Biodiversity Authority; Functions and powers; State Biodiversity Board; Biodiversity Management Committee and its functions Suggested Readings 1. Biological Diversity Act, 2002 2. Convention on Biological Diversity, 1992 3. Ahuja, V.K.: Intellectual Property Rights in India, Vol. II, LexisNexis, Butterworths, Wadhwa, Nagpur. 4. Alikhan, Shahid and Raghunath Mashellcar: Intellectual Property and Competitive Strategies in 21st Century, Aditya Books Private Limited, New Delhi. 5. Choudhary, D.N.: Evaluation of Patents Laws: Developing Countries Perspective, Capital Law House, New Delhi. 6. Kumar, Arvind and Govind Das.: Biodiversity to Biotechnology: Intellectual Property Rights, Narosa Publishing House, New Delhi. 7. Shenoy, Yeshwanth: Biodiversity: Law and Practice, Law Book Centre, Kochi. 8. Shinade, Avinash: Intellectual Property Manual, LexisNexis, Butterworths, Nagpur. 9. Shiva, Vandna:Biopiracy: Plunder ofNature and Knowledge, CIP Publication, Cambridge. 10. Singh, Janamjit: Biodiversity: Planning for Sustainable Developments, Deep and Deep Publications Private Limited, New Delhi. 11. Swaminathan, M.S: Agro Biodiversity and Farmers’ Rights, Konark Publishers Private Limited, New Delhi. 12. Swaminathan, M.S.: Farmers Rights and Plant Genetic Resources: A Dialogue, Macmillan India Limited, Madras. 13. Verma, S.K. and Raman Mittal: Intellectual Property Rights: A Global Vision, Indian Law Institute, New Delhi.

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COURSE CODE:BALLB(H)- 812 COURSENAME: INTELLECTUAL PROPERTY RIGHTS

Course Outcomes: On completion of this course, the student will be able to: CO1: Enable the students to understand the commercial significance of copyrighted works

and the law governing the same and law of patents in India with respect to its eligibility,

ownership, acquisition, transfer, enforcement and remedies.

CO2: The students to learn the importance of trademark and the law governing the same in

a market economy.

CO3: Enable the students to learn the commercial importance of geographical indications

nationally and internationally and the law governing the same.

CO/PO Mapping

(S/M/W indicates strength of correlation) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 S S M S S M M M M S M M

CO2 S M M W M W M W M M M S

CO3 M M M M M M M M M S M S

Course Outline

Unit-I Meaning of Intellectual Property: International Instruments: Paris Union, TRIPS, WIPO, UNESCO The Patents Act, 1970 Introduction, Aims, Objective, Features & Principles, Inventions (Sec.2j) Invention not patentable (Sec.3 to 5), Application (Sec.6 to 8), Specification (Sec.9 to 10), Opposition (Sec.25), Grant & Sealing of Patent (Sec.43), Conditions for grant of patent (Sec.47) Rights of Patents (Sec.47), Term of Patent (Sec.53). Patents of Addition (Sec.54 & 55), Surrender & Revocation (Sec. 63 to 66) Patents Office (Sec. 73 to 74 r.4 (2), Compulsory Licenses (Sec.84), License of right (Sec.86 to 88), Government use (Sec. 99), infringement (Sec.104 to 115), Patent Agents (Sec.125 to 132), International Arrangements (Sec.133 to 139), Paris convention, 1999 Amendment Act, 17 of 1999, Sec.5 amended, Exclusive Marketing Right (Sec.24A- 24F).

Unit-II The Trade Marks Act, 1999 Introduction (Sec.2), Registration (Sec .4 to 17), Procedure (Sec.18 to 26), Effect of Registration (Sec.27 to 32), Deceptive Similarity, Infringement, Passing off. Intellectual Property in Trade Mark Law relating to Geographical Indications Introduction, meaning and salient features of Geographical Indication of Goods under

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the Geographical Indication of Goods (Registration and Protection) Act, 1999, Procedure for Registration, Duration and Renewal, Right conferred by registration, Infringement of Geographical Indication, Remedies, Offences and Penalties. Suggested Reading: 1. P. Narayanan: Intellectual Property Law, Eastern Law House 2. Cornish W.R: Intellectual Property Law, Sweet and Maxwell, 1996 3. Gopal Krishan N.S: Cases and Material on Intellectual Property Law, National Law School, Bangalore 4. T.R. Srinivasa: The Copyright Act, 1957 5. Meenu Paul: Intellectual Property Laws 6. M.K. Bhandari: Law relating to Intellectual Property Rights, Central Law Publication, Allahabad. E-Books https://www.pdfdrive.com/the-abcs-of-property-management-what-you-need-to-know-to-

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DESH BHAGAT UNIVERSITY, MANDI GOBINDGARH Faculty of Legal Studies

Semester Ninth

Course code Title of the Course Internal Assessment

Ext. Exam.

Total

BALLB(H)- 901 Clinical-III : Pleading and Drafting 26 74 100

Specialisation-1 26 74 100

Specialisation-2 26 74 100

Specialisation-3 26 74 100

Specialisation-4 26 74 100

Total 130 370 500

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CHOOSE ANY ONE GROUP FROM THE FOLLOWING. EACH GROUP CONSISTS OF FOUR PAPERS

Specialization Group Crime & Criminology

Course code Title of the Course Internal Assessment

Ext. Exam.

Total

BALLB(H)- 902 International Criminal Law 26 74 100

BALLB(H)- 903 Women and Criminal Law 26 74 100

BALLB(H)- 904 Offences against Child & Juvenile Offences

26 74 100

BALLB(H)- 905 Information Technology Offences 25 75 100

Specialization Group Constitutional Law

Course code Title of the Course Internal Assessment

Ext. Exam.

Total

BALLB(H)- 906 Local Self Government 26 74 100

BALLB(H)- 907 Law on Education 26 74 100

BALLB(H)- 908 Media and Law 26 74 100

BALLB(H)- 909 Health Law 26 74 100

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Instructions for the Paper Setter (for 2019 batches)

1. Maximum Marks: 100 (External Paper will be of 74 Marks & Internal assessment will be of 26Marks)

2. Minimum Pass Marks for External Paper: 45% = 33 Marks in each Paper 3. Minimum Pass Marks in Internal Assessment: 45% = 12 Marks in each Paper. 4. The maximum marks for external each paper is 74 and the time allowed is 3 hours. 5. The question paper will consist of three Sections: A, B and C.

a) Section Awill consists of Multiple Choice Questions (15 marks)

There will be 15 MCQs with four options of answers. All the questions will be compulsory

and each question will carry 1 (one) mark. There will be no negative marking. OMR Sheets

will be provided to students for attempting this section.

b) Section B will consists of Short Answer Type Questions (24 marks) There will be 8 questions out of which 6 will have to be attempted. Each question will carry

4 (four) marks. The answer is to be given in about 150 words.

c) Section C will consists of Essay Type Questions (35 marks) This section will cover 50% marks of the total marks. To cover the whole syllabus there will

be three questions (10 marks each) and one question (5 marks).

162

COURSE CODE: BALLB(H)-901 COURSE NAME: PLEADING AND DRAFTING

Course outcomes: On completion of the course students will be able to: CO1: Understand and learn the basics of pleadings, drafting and conveyancing. CO2: Identify and understand the intricacies involved in writing statements to be filed in court CO3: Understand the format and essential steps in drafting the agreements and documents to be registered. CO4: Understand the need and preparation of documents required in court in criminal cases CO5: Understand the basics of documents to be filed before different authorities other than court

CO/PO Mapping

(S/M/W indicates strength of correlation) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 S W W W W W W W W W W W

CO2 S W W W W S W W W S W M

CO3 M W W M M S W W S S W S

CO4 S S S M S S W W S S S M

CO5 S S M M S S W W S S W W

Course Outline

Unit- I Pleadings Civil: Plaint, Whitten Statement, Interlocutory Application, Original Petition, Affidavid, Execution Petition, Memorandum of Appeal and Revision, Petition under Article 226 and 32 of the Constitution of India. Criminal: Complaint Criminal miscellaneous Petition, Bail Application, Memorandum of Appeal and Revision. Unit-II Conveyance: Sale Deed, Mortgage Deed, Lease Deed, Gift Deed, Promissory Note, Power of Attorney, will trust Deed, Promissory Note, Power of Attorney, Will, Trust deed Drafting: General principles of drafting Kinds of deeds, Components parts of the deed Kinds of Writs, Drafting of Writ Petition and PIL Petition Suggested Redings: 1. A.N Chaturvedi: Principles and forms of Pleadings and Conveyancing with Advocacy and Professional Ethics. 2. B. Sen: Desouza’s Forms & Precedents of Conveyancing and Instruments and Major

163

Petitions to Courts. 3. Y.S Sharma: Drafting, Pleading & Conveyancing. 4. N.S Bindra : Conveyancing, Draftsman & Interpretation of Deeds. 5. J. P. Agarwal: Pleadings & Precedents in India. 6. G.C. Mogha & K.N. Goyal, Indian Conveyancer 7. Mogha, Pleading drafting and conveyance

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164

COURSE CODE: BALLB(H)- 902 COURSE NAME: INTERNATIONAL CRIMINAL LAW

Course outcomes: Students will be able to demonstrate knowledge and understanding of:

CO1: explaining the historical evolution of international criminal law, its structure, development and application before international and national courts; CO2: explaining the essential elements of the crimes of genocide, war crimes, crimes against humanity and how and whether these may be charged and prosecuted; CO3: explaining the basic provisions of the procedural and evidentiary systems and the main problems of international criminal investigations;

CO/PO Mapping

(S/M/W indicates strength of correlation) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 S M W M W M W M W S W S

CO2 S S M M S M M W M S W S

CO3 S M M M M M M M M S M S

Course Outline

Unit-I Introduction, fundamentals of international criminal law, sources of international criminal law. War crimes, Crimes against humanity, Genocide, Crime of aggression, Treaty crimes, other international crimes. Modes of criminal liability, Circumstances excluding criminal liability, Enforcement of International Criminal Law. Unit-II National jurisdiction to prescribe criminal laws, National jurisdiction to enforce criminal laws, International crimes in municipal law and courts. International criminal procedure: focus on the rights of the accused. International Criminal Court, amnesties and other forms of justice, International criminal tribunals, the role of the UN Security Council. Suggested Readings: 1. Ilias Bantekas, International Criminal Law, Hart Publishing, 2010. 2. Antonio Cassese, International Criminal Law, Oxford, 2008. 3. William ASchabas, an Introduction to the International Criminal Court Cambridge, 2011.

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165

COURSE CODE: BALLB(H)- 903 COURSE NAME: WOMEN AND CRIMINAL LAW

Course outcomes: On completion of the course students will be able to: CO1: Understand the various types of discrimination against women and law to avoid this discrimination. CO2: Understand the relationship between Crimes against Women and Protective Laws. CO3: Understand gender related issues and different crimes related to gender.

CO/PO Mapping

(S/M/W indicates strength of correlation) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 S S W M S S S W S S W S

CO2 S S W W S S M W S S W S

CO3 S S W M S S M W S S W S

Course Outline

Unit-I Constitutional provisions to Protect Interests of Women Reservation for Women, Uniform Civil Code Provisions in the Indian Penal code relating to Women: SS. 493 to 498A, 304 B, 354, 366 to 366B, 375 to 376D, 509 Indecent Representation of Women (Prohibition) Act, 1986

Unit-II Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 Domestic Violence Act, 2005 Judgments Suggested Readings: 1. Amita Dhanda and : Engendering Law, Eastern Book Company, Lucknow, 1999 2. Archna Prashar 3. Lina Gonslaves : Women and the Law, Lancer Paperbacks, New Delhi, 1993 4. K.Kumar and Punam Rani: Offences Against Women: Socio-Legal Perspective, Regency 5. Publication, New Delhi, 1996 6. Shobha Saxena : Crimes against Women and Protective Laws 7. Diwan and Diwan : Women and Legal Protection

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166

COURSE CODE: BALLB(H)- 904

COURSE NAME: OFFENCES AGAINST CHILD & JUVENILE OFFENCES Course outcomes: On completion of the course students will be able to: CO1: Understand the Nature and Development of Child Rights and child protection. CO2: Describe the major differences of laws related to child protection under different National and International Conventions CO3: Understand various offences against children under Indian Penal code, sexual offences, child marriage and juvenile offences and working of juvenile justice board

CO/PO Mapping

(S/M/W indicates strength of correlation) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 S M M S S S W W M S W S

CO2 S S S M S S W W S S W M

CO3 S S S M S S W W S S W S

Course Outline

Unit I Offences against Children Under I.P.C.

The Causing of Miscarriage and of injuries to Unborn Child. Kidnapping Trafficking in Children

Sexual Offences: Prostitution Rape Sodomy Pornography

Offences against Children under Labour Laws and Prohibation of Child Marriage Act. Prohibition of employment of Children Working Hours for Children Economic Exploitation and Abuse of Children Child Marriage

Unit II Protection of Child from Sexual Harassment Act, 2013

Preventive Sexual Assault and Aggravated Penetrative Sexual Assault (3 to 6) Sexual Assault and Aggravated Sexual Assault (7 to 10) Sexual Harassment (11, 12) Using Child for Pornographic Purpose (13 to 15) Abetment and Attempt to commit an offence (16 to 18) Procedure for Reporting Case (19 to 23) Procedure for recording Statement (24 to 27)

167

Special Courts and Procedure and Powers of Special Courts (28 to 38) The Juvenile Justice (Care and Protection of Children) Act, 2015.

General Principles of Care and Protection of children Juvenile Justice Board: Procedure, Powers and functions Procedure in relation to children in conflict with law. Children’s Court and its Powers. Child welfare committee: Procedure, Powers and functions. Procedure in relation to children in need of Care and Protection. Rehabilitation and Social Re-Integration. Offences against Children.

Suggested Readings : 1. The Juvenile Justice (Care and Protection of Children) Act, 2015 2. The Prohibition of Child Marriage Act, 2006 3. The Child Labour (Prohibition and Regulation) Act, 1986 4. Law of Crimes by Rattan Lal Dhiraj Lal 5. Indian Penal Code by H.S.Gour 6. The Juvenile Justice System in India by Ved Kumari 7. Neglected Children : A Study of Juvenile Justice System by Dr. Pushpinder Kaur Dhillon

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168

COURSE CODE: BALLB(H)- 905 COURSE NAME: INFORMATION TECHNOLOGY OFFENCES

Course outcomes: On completion of the course students will be able to:

CO1: Understand the various cyber crimes and their punishments. CO2: Understand the main features of Information Technology Act 2000 and relevant changes made by legislature in the Indian Penal Code and other Acts. CO3: Understand various cyber related offences under Information Technology Act and Indian Penal Code

CO/PO Mapping

(S/M/W indicates strength of correlation) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 S S M W S S W W S S W S

CO2 S S W W S S W W S S W M

CO3 S S S M S S W W S S W S

Course Outline

Unit-I Computer and its role in day to day life Advantages and Disadvantages of Internet Technology Understanding Cyber Crimes Defining Crime Crime in the Context of Internet- Actus Res/ Mens Rea The Indian Penal Law and Cyber Crimes Fraud Hacking Mischief Trespass Defamation Stalking Spamming Information Technology Act 2000 Need, Aims, Objectives and Applications [Section 1] Definitions [Section 2] Attribution of records Certifying Authority [Sections 30-34] Cyber contraventions and penalty [Sections 43-45] Offences and extra territorial jurisdiction [Sections 65-77] Intermediary not liable in certain cases [Section 2 (w), 79] Investigation and procedure of search and seizure [Sections 78 & 80] Amendments under IT Act 2008.

Unit-II

169

Obscenity and Pornography on the Internet Internet Social Sites and Potential of Obscenity International endeavours to Regulate Obscenity and Pornography Indian Information Technology Law on Obscenity and Pornography Cyber Ethics Computers and Free Speech Privacy and Freedom Issues Ethics and Etiquettes in Cyberspace Responsibilities of Cybercitizen Suggested Amendments to the existing Indian Information Technology Laws and Rationale for New Legislation to regulate internet Suggested Readings: 1. Pavan Duggal: Cyber Law- The Indian Perspective, Saakshar Publications, New Delhi, 2002. 2. Vakul Sharma: Information Technology: Law and Practice, Universal Law Publishing Co., New Delhi, 2011 3. Harish Chander: PHI, 2012 4. Nandan Kamath: Law Relating to Computers, Internet, and E-Commerce: A Guide to Cyber 5. Laws and the Information Technology Act 2000 with Rules and Notifications, Second Edition, Universal Law Publishing Co., New Delhi, 2000

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170

COURSE CODE: BALLB(H)- 906 COURSE NAME: LOCAL SELF GOVERNMENT

Course outcomes: On completion of the course students will be able to:

CO1: Understand the importance of Panchayati Raj and Municipal Corporations and constitutional amendments in this context. CO2: Understand the working of Gram Sabha and Gram Panchayats and their powers and duties. CO3: Understand the system of elections in village Panchayats and Municipal Corporations

CO/PO Mapping

(S/M/W indicates strength of correlation) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 S S W M M S M W S M W S

CO2 S S W W S S W W S S W S

CO3 S S W M M S S W S S W S

Course Outline

Unit-I

Genesis and importance of Panchayati Raj Institutions in India with special reference to Punjab 73rd Amendment, Part IX Article 243, 243-A-243M and 11 th Schedule of the Constitution The Punjab Panchayati Raj Act, 1994 Constitution and functions of Panchayati Raj institutions Gram Sabha and Gram Panchayats: Constitution, term of office, powers and functions, suspension and removal, dissolution of Gram Panchayats (Sec. 2-24) Functions, Powers and Duties of Gram Panchayats (Sec. 30-43) Judicial functions of Gram Panchayats (Sec. 44-84) Constitution and delimitation of Panchayat Samitis, Zila Parishads (Sec 85-198) Control and Supervision (Sec 199-207) Empowerment of Panchayats- Autonomy Punjab State Election Commission Act, 1994 State Election Commission Disqualifications (Sec 11-12) Electoral Rolls for Constituencies (Sec 24-34) Conduct of Elections (Sec 35-43) Agents of contesting candidates (Sec 44-52) Election petitions (Sec-73-107) Corrupt Practices and Electoral Offences (Sec 108-124) Power of Election Commission in Connection with Inquiries as to disqualification of members (Sec 125-128) Punjab Panchayat Election Rules, 1994

171

Preparation of electoral rolls Conduct of elections Registration of Electors Nomination and Procedure Counting of Votes

Unit-II

Genesis and importance of Urban Local Bodies (Article 243P-243ZG) 74th Amendment, Part IX A and 12 th schedule of the Constitution of India Punjab State Municipal Corporation Act 1976 Constitution of Corporation (Sec 4-42 C) Function of Corporation (Sec 43-45) Municipal Authorities under Corporation (Sec 46-54) Taxation (Sec 90-157) Water supply, drainage, sewage disposal, streets, building regulations, sanitation and public health etc. Improvement (Sec 351-356) Powers, Procedures, Offences and Penalties (Sec 357-396) Control (Sec 403-407) Punjab State Election Conduct Rules 1961 Preparation of Electoral Rolls Nomination and conduct of Rolls Counting of Votes Election Petition The Punjab Shops and Commercial Establishment Act,1958 Registration of Establishment Opening and closing hours of establishment Employment of young persons Employment of women and children The Punjab Rural Development Act,1987 Punjab Rural Development Board The Punjab Rural Development Fund Power to make rules and regulations Penalty Suggested Readings: 1. The Punjab Shops and Commercial Establishment Act,1958 2. The Punjab Rural Development Act,1987 3. The Punjab Panchayati Raj Act, 1994 4. Punjab Panchayat Election Rules, 1994 5. The Constitution of India 6. Jaswal and Chawla; A Commentary on Punjab Panchayat Act, 1994 with Allied Acts and Rules, Chawla Publications Ltd. E-Books

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172

COURSE CODE: BALLB(H)- 907 COURSE NAME: LAW OF EDUCATION

Course outcomes: On completion of the course students will be able to:

CO1: Understand the international perspective for education as a human right. CO2: Understand various commissions and policies on development education. CO3: Constitutional mandates for compulsory and free education. Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 S M W M S S M W S M W S

CO2 S S W S S S W W S S W S

CO3 S S W M M S M W S S W S

Course Outline

Unit-I

International Human Rights Documents on Education GATTS And Education Globalization and Privatization in Education University Education Commission (1948-49):- Aims and general recommendations Secondary Education (Mudaliar) Commission (1952-53):- Aims and general

recommendations Indian Education (Kothari) Commission (1964-66) (Kothari Commission):- Aims and

general recommendations National Policy on Education, 1968

Unit-II

University Grant Commission Act 1956: Aims and objectives of the Act, Composition, Powers and functions of the Commission

National Policy on Education, 1986: Aims and general recommendations Revised Policy on Education, 1992 and Programme of Action (POA) National Knowledge Commission Legal education in India: Aims, New Scheme, Future of Legal education, Recent

Developments. Judicial Activism and Right to Education in India Constitutional Provisions on Education in India: Article 45, 86th Constitutional

Amendment: Article 21-A, Article 51-A (K) The Right of Children to Free and Compulsory Education Act, 2009: Objectives;

Definitions; Right to Free and Compulsory Education; Duties of Appropriate Government, Local authority and Parents; Responsibilities of Schools and Teachers; Curriculum and Completion of Elementary education; Protection of Right of

173

Children; Miscellaneous. Suggested Readings: 1. Govt. of India: Radha Krishan Commission Report. 2. Govt. of India: Secondary Education Commission Report 3. Govt. of India: Kothari Education Commission Report 4. Govt. of India: Programme of Action-National Policy of Education, MHRD, 5. University Grant Commission Act 1956 6. V.D Kulshreshtha: Landmarks in India Legal and Constitutional History 7. Walia, J.S: Modern Indian Education and its Problems, Vivek Publishers, Ambala. 8. Rajan, Raj Kumar: Development of Educational System in India 9. Khanna, Manoj Kumar Sharma Narula, S & Naik: A History of Education in India: McMillan 10. The Right of Children to Free and Compulsory Education Act, 2009 11. The Constitution of India

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174

COURSE CODE: BALLB(H)- 908 COURSE NAME: MEDIA AND LAW

Course outcomes: On completion of the course students will be able to: CO1: Understand the fundamental right of freedom of expression and speech and freedom of print and electronic media. CO2: Understand the role of Judiciary on Media and Free Expression. CO3: Understand the freedom of expression and contempt of court

CO/PO Mapping

(S/M/W indicates strength of correlation) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 S S W W S S W W S S W S

CO2 S S W W S S M M S S W S

CO3 S S W M M S W M S S W S

Course Outline

Unit-I

Freedom of Expression in Indian Constitution. Media Freedom and Right of Privacy. Right to Information and Right to Know. Role of Judiciary on Media and Free Expression. Media and Criminal Law (Defamation, Obscenity, Sedition). Media and Tort Law (Defamation and Negligence). Media and Official Secrets Act.

Unit-II

Media and Contempt of Court. Pre- Censorship & Censorship Cable T.V Networks (Regulation) Act, 2011. Working Journalist Act, 1955. Concept of Advertisement. Advertisement and Ethics. Advertisement Act, 1954. The Press Council Act, 1978.

Suggested Readings: 1. M.P. Jain, Constitutional Law of India. 2. Rajeev Dhavan, On the Law of the Press in India. 3. D.D. Basu, The Law of Press of India.

175

4. Soli Sorabjee, Law of Press Censorship in India. 5. Indian Penal Code, 1860. 6. Law of Torts- R.K. Bangia 7. Media and Law- Sridhar

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176

COURSE CODE: BALLB(H)- 909 COURSE NAME: HEALTH LAW

Course outcomes: On completion of the course students will be able to:

CO1: Understand and describe areas of health law and related issues. CO2: Analyze lacuna within among the professional obligations of doctors and provides suitable remedies accordingly. CO3: To identify and synthesize various related provisions under constitution and other health related laws.

CO/PO Mapping

(S/M/W indicates strength of correlation) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 S S W W S M W S S W W M

CO2 S S M W S S W M S M W S

CO3 S S M M M S W S S M W S

Course Outline

Unit-I

Right to Health and Indian Constitution National Health Policy Legal aspect of Private medical practice The Mental Health Act, 1987: Mental Health Authorities, Admission and detention in psychiatric, Hospitals or Psychiatric Nursing Homes, Protection of Human Rights of Mentally ill persons. Medical Termination of Pregnancy Act, 1971

Unit-II

The Transplantation of Human Organs Act, 1994: Authority for the Removal of Human organs, Removal of organs in case of unclaimed bodies in hospital or prison, Restrictions on removal of Human organs, Offences and Penalties Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 Medical Negligence and Malpractices Health Insurance in India Role of Law in prevention of AIDS Duties of Hospitals regarding MediCO: legal cases Suggested Readings: 1. The Medical Termination of Pregnancy Act, 1971 2. The Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994

177

3. The Mental Health Act, 1987 4. The Transplantation of Human Organs Act, 1994 5. The Consumer Protection Act, 1986 6. Nandita Adhikari- Law and Medicine 7. R.M Jhala & K. Kumar (rev), Jhala & Raju’s Medical jurisprudence, (1997)

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178

DESH BHAGAT UNIVERSITY, MANDI GOBINDGARH Faculty of Legal Studies

Semester Tenth

Course code Title of the Course Internal Assessment

Ext. Exam.

Total

BALLB(H)- 1001 Clinical-IV: Moot Court Exercise and Internship

26 74 100

Specialisation-5 26 74 100

Specialisation-6 26 74 100

Specialisation-7 26 74 100

Specialisation-8 26 74 100

Total 130 370 500

Choose Any One Group from the following, According to the Specialization group taken by the student in 9th Semester. Each Group consists of four papers.

Specialization Group Crime & Criminology

Course code Title of the Course Internal Assessment

Ext. Exam.

Total

BALLB(H)- 1002 Law and Forensic Science 26 74 100

BALLB(H)- 1003 Law and Prison Administration 26 74 100

BALLB(H)- 1004 Penology and Victimology 26 74 100

BALLB(H)- 1005 White Color Crime 26 74 100

Specialization Group Constitutional Law

Course code Title of the Course Internal Assessment

Ext. Exam.

Total

BALLB(H)- 1006 Indian Federalism 26 74 100

BALLB(H)- 1007 Human Rights Law and Practice 26 74 100

BALLB(H)- 1008 Gender Justice and Feminist Jurisprudence

26 74 100

BALLB(H)- 1009 Interpretation of Statutes and Principles of Legislation

26 74 100

179

Instructions for the Paper Setter (for 2019 batches)

1. Maximum Marks: 100 (External Paper will be of 74 Marks & Internal assessment will be of 26Marks)

2. Minimum Pass Marks for External Paper: 45% = 33 Marks in each Paper 3. Minimum Pass Marks in Internal Assessment: 45% = 12 Marks in each Paper. 4. The maximum marks for external each paper is 74 and the time allowed is 3 hours. 5. The question paper will consist of three Sections: A, B and C.

a) Section A will consists of Multiple Choice Questions (15 marks)

There will be 15 MCQs with four options of answers. All the questions will be compulsory

and each question will carry 1 (one) mark. There will be no negative marking. OMR Sheets

will be provided to students for attempting this section.

b) Section B will consists of Short Answer Type Questions (24 marks) There will be 8 questions out of which 6 will have to be attempted. Each question will

carry 4 (four) marks. The answer is to be given in about 150 words.

c) Section C will consists of Essay Type Questions (35 marks) This section will cover 50% marks of the total marks. To cover the whole syllabus there will

be three questions (10 marks each) and one question (5 marks).

180

COURSE CODE: BALLB(H)-1001

COURSE NAME: MOOT COURT EXERCISE AND INTERNSHIP

Course outcomes: On completion of the course students will be able to: CO1: Understand how to prepare a suit and how to file CO2: Know the practical approach of the law course CO3: Get the practical training to make the career bright.

CO/PO Mapping

(S/M/W indicates strength of correlation) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 S S S M S S W S W S W S

CO2 S S S M S S W S W S W S

CO3 S S M W M S W M S S W S

Course Outline

This paper may have three components of 30 marks each and a viva for 10 marks.

(a) Moot Court (30 Marks). Every student may be required to do at least three moot courts in a year with 10 marks for each. The moot court work will be on assigned problem and it will be evaluated for 5 marks for written submissions and 5 marks for oraladvocacy. (b) Observance of Trial in two cases, one Civil and one Criminal (30marks):

Students may be required to attend two trials in the course of the last two or three years of LL.B. studies. They will maintain a record and enter the various steps observed during their attendance on different days in the court assignment. This scheme will carry 30 marks. (c) Interviewing techniques and Pre-trial preparations and Internship diary (30marks):

Each student will observe two interviewing sessions of clients at the Lawyer’s Office/Legal Aid Office and record the proceedings in a diary, which will carry 15 marks. Each student will further observe the preparation of documents and court papers by the Advocate and the procedure for the filing of the suit/petition. This will be recorded in the diary, which will carry 15 marks. (d) The fourth component of this paper will be Viva Voce examination on all the above three aspects. This will carry 10marks.

181

COURSE CODE: BALLB(H)- 1002 COURSE NAME: LAW AND FORENSIC SCIENCE

Course outcomes: On completion of the course students will be able to: CO1: Demonstrate competency in the collection, processing, analyses, and evaluation of evidence. CO2: Demonstrate competency in the principles of crime scene investigation, including the recognition, collection, identification, preservation, and documentation of physical evidence. CO3: Demonstrate an understanding of the scientific method and the use of problem-solving within the field of forensic science. CO4: Identify the role of the forensic scientist and physical evidence within the criminal justice system. CO5: Demonstrate the ability to document and orally describe crime scenes, physical evidence, and scientific processes.

CO/PO Mapping

(S/M/W indicates strength of correlation) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 S W W W W W W W W W W W

CO2 S W W W W S W W W S W M

CO3 M W W M M S W W S S W S

CO4 S S S M S S W W S S S M

CO5 S S M M S S W W S S W W

Course Outline

Unit-I

Definition, nature and scope of Forensic Science History and Development of Forensic Science Crime scene investigation: Understanding and purpose of Crime scene examination and investigation, physical evidence, its collection, packing and transportation, chain of custody, Crime scene tool, kits and equipments etc. Police and forensic scientist relationship with reference to crime investigation Personal Identity: Definition, Race, Sex Determination, Anthropometry, Dactylography, Foot Deformities Prints, Scars, Tattoo Marks, Occupational Marks, Hand Writing, Clothes Personal Articles, Speech and Voices, Finger Printing, Gait.

Unit-II

Death and its MediCO:Legal Aspect-Definition, Mode of Death, Sudden Death, Sign of Death, Time since Death, Presumption of Death, Presumption of Survivorship MediCO:Legal aspect of Wounds: Nature of injury, Examination of Injured Persons, Cause of Death from Wounds, Difference between wounds inflicted during life and after Difference between Suicidal, Homicidal and Accidental Wounds

182

Recent advances in Forensic Science: Narco Analysis, Brain Mapping, DNA finger printing and their admissibility in the Court, Polygraph Test and NHRC guidelines of administration of Polygraph test. Suggested Readings: 1. Modi's Medical Jurisprudence and Toxicology, K. Mathiharan and Amrit K Patnaik, 2. LexisNexis, Buttersworth, 2010Textbook of Modis Medical Jurisprudence and Toxicology, 3. K. Kannan and K. Mathiharan, Buttersworths India, 2012 4. Medical Jurisprudence, R.M. Jhala and K Raju, Eastern Book Company, 1997. 5. Analytical Toxicology, S.N. Tiwari, Govt of India Publication, New Delhi, 1987. 6. Medical Jurisprudence and Toxicology (Law Practice and Procedure), K.S. Narayan Reddy, ALT Publications, 2006

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183

COURSE CODE: BALLB(H)- 1003 COURSE NAME: LAW AND PRISON ADMINISTRATION

Course outcomes: On completion of the course students will be able to:

CO1: Determine and analyse the role and function of the Police in the administration of criminal justice system as they plays important role in maintaining law and order. CO2: Analyse and evaluate the role of prison and prison officers in execution of the punishment given by the court. Co3: Determine and analyse the role and function of the Police in the administration of criminal justice system as they plays important role in maintaining law and order.

CO/PO Mapping

(S/M/W indicates strength of correlation) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 S S M W S S W S S S W S

CO2 S S W W S S W S M S W S

CO3 M S M S S M M M M W M M

Course Outline

UNIT-I

Origin and Growth of Prisons Classification of Prisons Classification of Prisoners Jail Administration Emerging Principles of correctional justice Correctional Institutions Educational Programmes Vocational Programmes. Welfare of Prison Personnel

UNIT-II

Modernization of prisons in the light of the Constitutional right of the prisoners Protection of inmates from criminal cultures Living conditions of prisons compatible with human dignity Treatment Programme in Prisons Treatment of Prisoners-Non Custodials. Probation Parole After-care Public Participation in Prevention of Crime Role of Welfare Agencies in Crime Prevention

184

Suggested Readings: 1. Howard Jones: Paul Cornes’s Open Prisons 2. Louis P. Carney: Introduction to correctional Science, 2nd Ed. 3. Carter and Wilkins: Probation, Parole and Community 4. Relevant Provision of the following Acts/Rules 5. Prisoners Act, 1900 6. Prisoners Act, 1984 7. Bostal Act, 1926 8. Punjab Jail Manual 9. The Good Conduct Prisoners Probational Release Act, 1926 10. The Good Conduct Prisoners Probational Release Act, 1927 11. The Punjab (Good Conduct Prisoners Probational Temporary Release) Act, 1962 12. The Punjab (Good Conduct Prisoners Probational Temporary Release) Act, 1962 13. Probation of Offences Act, 1958 14. Punjab Probation of Offenders Rules, 1962 15. Model Probation of Offenders Rules

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185

COURSE CODE: BALLB(H)- 1004 COURSE NAME: PENOLOGY AND VICTIMOLOGY

Course outcomes: On completion of the course students will be able to: CO1: Understand the meaning and scope of criminology. CO2: Critical evaluation of various theories of punishment.

CO3: Understand the types of victims, their rights

CO/PO Mapping

(S/M/W indicates strength of correlation) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 S S M W M S W W S S W S

CO2 S S W W S S S S S S W S

CO3 S S M S S S S S S S M S

Course Outline

Unit-I

Deterrence, Prison reform, Prisoner abuse, Prisoners' rights, Rehabilitation, Recidivism, Retribution, Utilitarianism Theories of Punishment; (i) Retribution (ii) Deterrence, (iii) Reformation, (iv) Prevention. Kinds of Punishment (i) Fine, (ii) Imprisonment (iii) Death Penalty & (iv) Externment. Police System: (i) Origin, (ii) Development (iii) Functions, (iv) Judicial attitude.

Unit-II

Prison System: (i) General Aspects (ii) Indian Prison System, (iii) Constitutional Rights of Prisoners/ under trials Victimology, Victim support and allied disciplines, United Nations Declaration of Basic Principles of Justice for Victims of Crime a nd Abuse of Power, 1985 Suggested Readings: 1. E. Sutherland, and Cress: Principles of Criminology. 2. Ahmed Siddique : Criminology – Problems and Perspectives. 3. N.Y. Paranjpe: Criminology and Penology 4. Ahmed Sidaque: Criminology : Problems and Perspective 5. Edwin Sutherland: Principles of Criminology 6. Stephe Jones: Criminology 7. Robert Winslow & S. Zhang : Criminology a Global Perspective 8. John Tierny: Criminology Theory and Context 9. Frank: Criminology Today: An Integrative Introduction 10. Schmalleger: Criminology

186

11. John Conklin: Criminology 12. Donald Taft: Criminology E-Books

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187

COURSE CODE: BALLB(H)- 1005 COURSE NAME: WHITE COLLAR CRIME

Course outcomes: On completion of the course students will be able to: CO1: The course of White-Collar Crime is designed to focus on the relation between privilege, power and deviant behavior. CO2: The traditional approaches which highlight white collar offences, socio-economic offences associated with the bureaucracy, corruption, money laundering etc. CO3: Understand the existence and perpetration of white-collar crimes as a phenomenon in an interconnected world.

CO/PO Mapping

(S/M/W indicates strength of correlation) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 S S M W S S W W W S W S

CO2 S S W M S S W W W S W S

CO3 S M W M S M M M S M M M

Course Outline

Unit-I Emergence of White-Collar Crimes Concept and Nature of White-Collar Crimes Suther lands, view on white-collar crimes and it's analysis. Causes of White-Collar Crimes Distinguish between White-Collar Crimes and Blue-Collar Crimes Implications of White-Collar Crimes Courts and White Collar Crime in India.

Unit-II White Collar Crimes in India Hoarding, Black Marketing and Adulteration; White Collar Crimes in certain Professions - Medical Profession, Legal profession, Educational Institutions, Engineering. White Collar Crimes in business deals. Fake Employment Placement Rockets Remedial Measures. Prevention of Corruption Act, 1988 - Objects and Reasons of the Act, Definitions - Public duty, Public Servant Power to appoint special judges, cases triable by special judges, Procedure and Powers of special judges. Offences and Penalties - Public Servant taking gratification other than legal remuneration in

188

respect of an official Act, Criminal misconduct by a Public Servant. Suggested Readings : 1. Mahesh Chandra: Socio- Economic Crimes 2. Marshal B. Clinard: Crime in Developing Countries 3. N.V. Pranjape: Criminology and Penology 4. Prevention of Corruption Act, 1988 5. 47th Report of Law Commission of India 6. Trial and Punishment of Socio-Economic Offences. 7. Annual Report Criminal Law Review. E-Books https://www.pdfdrive.com/white-collar-crime-and-risk-financial-crime-corruption-and-the-

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189

COURSE CODE: BALLB(H)- 1006 COURSE NAME: INDIAN FEDERALISM

Course outcomes: On completion of the course students will be able to:

CO1: Understand the federal and unitary features of Indian constitution. CO2: Understand and critical evaluation of Legislative and Administrative Relations between the Centre and States. CO3: Understand the emergency provisions under the Indian constitution

CO/PO Mapping

(S/M/W indicates strength of correlation ) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 S S W W S S W W M S W S

CO2 S S W W S S W W W S W M

CO3 S S W M M S W W W S W S

Course Outline

Unit-I

Federal features of Indian Constitution Federal Principles: Developments and Current Trends Legislative and Administrative Relations between the Centre and States Federal Comity: Relationship of truth and faith between Centre and State Recommendations of Sarkaria Commission

Unit-II

Emergency Provisions under the Indian Constitution Governor: Appointment, Powers and Position Recommendation of Constitutional Review Commission Financial Relations between Centre and States Freedom of Trade and Commerce within the territory of India Inter-State Disputes on resources Suggested Readings: M.P. Singh, Indian Federalism : An Introduction, National Book Trust, India, 2013 Iyer, Krishna (1992), Indian Federalism Dialectics and Dynamics, Ashok Publishing House: Guwahati. Kashyap, Subhash C. (1983), Union -State Relations in India, Institute of Constitutional and Parliamentary Studies: New Delhi Khan, Rasheeduddin (ed.) (1992), Federal India : A Design for Change,Vikas: Delhi.

190

Khan, Rasheeduddin (1977), Rethinking Indian Federalism, Indian Institute of Advanced Study: Shimla Majeed, Akhtar (ed.) (2004), Federalism within the Union: Distribution of Responsibilities in the Indian System, Manak Publications: New Delhi Prasad, Anirudh (1985), Centre-State Relations in India, Deep and Deep Publications: New Delhi. Santhanam, K. (1963), Union - State Relations in India , Asia Publishing House: Bombay. Wheare, K.C. (1963), Federal Government, Oxford University Press: London

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191

COURSE CODE: BALLB(H)- 1007 COURSE NAME: HUMAN RIGHTS LAW AND PRACTICE

Course outcomes: On completion of the course students will be able to: CO:1 Demonstrate knowledge and understanding of the international framework of human right. CO:2 Critical evaluation of understand the national/ constitutional framework of human rights. CO:3 Understand the role of judiciary in human rights protection. CO:4 Understand and evaluation of the human rights of different Marginalized Sections of Society. CO:5 Understand the concept of personal liberty in the context of human rights.

CO/PO Mapping

(S/M/W indicates strength of correlation) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 S M W M M S S M S M M M

CO2 S M M W W M M W M W M M

CO3 S S S S S S S M M M W S

CO4 S S M W M S M M M W W W

CO5 S S M W S S W M M W W M

Course Outline

Unit - I Genesis of Human Rights in India

Meaning Evolution of the concept of Human Rights in India

Object and Salient features of: Universal Declaration of Human Rights (1948) International Covenant on Civil and Political Rights (1966) International Covenant on Social, Cultural and Economic Rights (1966)

Human Rights and Constitutional Legal Framework Protection of Human Rights Mechanism Human Rights in Ancient India, Islamic and British Era. Object and Salient features of Protection of Human Rights Act, 1994 Composition of National Human Rights Commission and State Human Rights

Commission Powers and functions of National Human Rights Commission and State Human Rights

Commission. Role of Judiciary in Protection of Human Rights.

Unit – II Human Rights of Marginalized Section of Society

192

Human Rights of Women Rights of aged and differently abled persons Human Rights of prisoners Human Rights and child Human Rights against exploitation Human Rights of Scheduled Castes, Scheduled Tribes and Backward Classes/S.Ts/S.Cs

Human Rights and personal Liberty Right to free Legal aid Right to speedy trial Right against handcuffing Search and seizure Torture in Police Custody Custodial deaths Police fake encounter

Suggested Readings: 1. P.L.Mehta :- Human Rights under the Indian Constitution 2. S.K.Kapoor :- International Law and Human Rights 3. V.K. Anand :- Human Rights 4. Darren JO Byrn :- Human Rights An Introduction 5. Dr. S.K. Sharma :- Human Rights in the World Today 6. Pandit Kamalakar :- Human Rights and Criminal Justice. 7. D.D. Basu Human Rights in Constitutional Law 8. Protection of Human Rights Act, 1994 E-Books

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193

COURSE CODE: BALLB(H)- 1008 COURSE NAME: Gender Justice and Feminist Jurisprudence

Course outcomes: On completion of the course students will be able to:

CO1: Understand the various types of discrimination against women and law to avoid this discrimination. CO2: Understand the relationship between personal laws and gender justice. CO3: Understand gender related issues and different crimes related to gender

CO/PO Mapping

(S/M/W indicates strength of correlation) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 S S W W S M M W S S W S

CO2 S S W W S S M W M S W S

CO3 S S W M M S S W S S W S

Course Outline Unit-I

Gender Justice and Feminism: Concepts and Dimensions Distinction between ‘sex’(nature) and ‘gender’(culture) Notion of patriarchy, notion of discrimination, notion of division of labour, notion of discrimination Concept of women welfare and empowerment social political, economic and cultural perspectives, Eradicating Injustice Historical Background on Feminism Growth of feminism and Feminist Jurisprudence Impact and Contribution of Feministic Jurisprudence Gender Justice: Constitutional and Legal Perspective Equality provisions in the Constitution of India - Preamble, Fundamental Rights and Directive Principles. Unequal position of the women in personal laws: an overview Hindu Laws: Marriage and Property Muslim Laws: Marriage and Property Christian Laws: Marriage and Property Uniform Civil Code towards gender justice Concept of Gender Justice : International Perspective Convention on the political rights of women Convention of elimination of all kind of discrimination against women, 1979 Convention on traffic in women and children, 1949 Recommendation of WTO on sex oriented Tourism Women and Inheritance Rights: An Overview

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Unit-II

Varieties of Feminist Theory Liberal Feminism: Equality and Stereotypes Cultural Feminism: Difference and Devaluation Radical Feminism: Dominance and Power Postmodern Feminism: Questioning Identity Law : Vehicle of Discrimination , Specific Issues Reproduction and Motherhood: Fetal Rights': A New Assault on Feminism Right to Abortion promoting Equality Surrogate Motherhood: Consent Brought Rape Laws: unfavorable towards women Marital Rape Rape: A property Crime Problem of Consent Rape in the Feminist Eyes Exploitation and sexual harassment at workplace Feminist Perspectives on Environment issues and Legal Response Courts and Feminism Suggested Readings: 1. Jennifer Pierce, Gender Trials: Emotional Lives in Contemporary Law Firms, University of California Press. 2. D. Kelly Weisberg, Feminist Legal Theory: Foundations, Temple University Press, 1993, 3. Anne M. O. Griffiths, In the Shadow of Marriage: Gender and Justice in an African Community, University of Chicago Press, 1998. 4. Adrien Wing, Critical Race Feminism: a Reader, 2nd edition, NYU Press, 2003 5. Vandana Shiva, 1989 Staying Alive: Women, Ecology and Development. London: Zed Books. 6. Nomita, Agarwal, Women and Law in India, New Century Publications, Delhi, 2002. 7. Rashm Agarwal, and B.V.L.N. Rao, Gender Issues- A Road Map to Empowerment, Shipra Publication, New Delhi, 2004. 8. Kamala Bhasin,, Understanding Gender, Kali for Women, New Delhi, 2000. 9. Maitrayee Choudhry, (ed.), Feminism in India, Kali for Women, New Delhi, 2004 10. Anjani Kant, Women and the Law, A.P.H. Publishing Corporation, New Delhi, 1997 11. Universal Declaration of Human Rights 1948 12. Convention for the Suppression of the Traffic in Persons and of the Exploitation of the 13. Prostitution of Others, 1949 14. Convention on the Political Rights of Women, 1953 15. Convention on the Elimination of All Forms of Discrimination against Women, 1979 E-Books https://www.pdfdrive.com/should-we-give-up-on-the-state-feminist-theory-african-gender-

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COURSE CODE: BALLB(H)- 1009 COURSE NAME: INTERPRETATION OF STATUTES AND PRINCIPLES OF LEGISLATION

Course outcomes: On completion of the course students will be able to:

CO1: This course is designed to understand the meaning of interpretation and intention of the legislature in making the statutes, along with different parts of statutes. They will also understand the primary and secondary rules of interpretation. CO2: To make the student familiar with various rules of interpretation and will ultimately be assessed on their knowledge of the legal system and legal doctrine. CO3: Students understand the role of various parts of a statute in interpreting the same. CO4: Learn the different ways in which lawyers can effect social change through innovative interpretation of legal principles and will also develop skills of interpreting statute and different legal maxims.

CO/PO Mapping

(S/M/W indicates strength of correlation) S – Strong, M – Medium, W – Weak

Cos Programme Outcomes (Pos)

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 S S M S M W M W W S M M

CO2 S S S M M M S W S M W W

CO3 S M S M M M S W W S M M

CO4 S M S S M M S M W S M S

Course Outline

Unit- I Statute: Meaning and classification Interpretation: Meaning, object and necessity General Principles of Interpretation: The Literal or Grammatical Interpretation The Golden Rule The Mischief Rule (Rule in the Heydon’s case) Harmonious Construction The Statute should be read as a whole Construction ut res magis valeat quam pereat Identical expressions to have same meaning Construction noscitur a sociis Construction ejusdem generis Construction expression unius est exclusion alterius Construction contemporanea exposition est fortissimo in lege

Unit-II

Beneficial Construction Construction of Penal Statutes Construction of Taxing Statutes Aids to Interpretation of Statutes:

196

Need to invoke Aids to Construction Internal Aids to Construction External Aids to Construction Commencement, Repeal, Revival of Statute Prospective and Retrospective Operation of Statutes Suggested Readings: 1. Maxwell on the Interpretation of Statutes- P.St. Langan, Lexis Nexis, New Delhi (2004) 2. Principles of Statutory Interpretation- G.P. Singh, Wadhwa and Co., New Delhi (2008) 3. Interpretation of Statutes- V.P. Sarathi, Eastern Book Co., Lucknow (2003) 4. The Interpretation of Statutes- T. Bhattacharyya, Central Law Agency, Allahabad (2009) 5. Interpretation of Statutes- D.N. Mathur, Central Law Publications, Allahabad (2008) 6. Interpretation of Statutes and Legislation- M.P. Tandon and J.R. Tandon, Allahabad Law Agency, Faridabad (2005) 7. Interpretation of Statutes- P.M. Bakshi, Orient Pub., New Delhi (2008)

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