FACULTY OF LAW UNIVERSITY OF ALLAHABAD SYLLABUS B.A.LL.B. (Hons.): FIVE YEAR INTEGRATED COURSE SEMESTER-III PAPER-I Political Science-1v The Constitution of India Unit -1 Part-I Constitutional Development in India 1. Factors influencing constitutional development: Colonialism and Nationalism in India; Meaning, Nature and Different Stages 2. Major Pre-Constitutional Acts: From Regulation Act to the Act of 1935 Unit - II 3. Making of the Indian Constitution: Organisation, Powers and Functions of constituent Assembly, Part-II The Constitution of India 4 The Philosophy of the Constitution: The objectives Resolution, Preamble. Unit - ITT Salient Features of the constitution. Legislatures: (i) Union Legislature and officers of Parliament (il) State Legislature. Unit - IV Executive: (i) Union Executive; President, Council of Ministers. (il) State Executive: Governor, Chief Minister and the Council of Ministers. Federalism: Nature of Indian federalism, Centre- Prime Minister and the ‘State Relations.restr HHI; History UE (Brahmo Samaj Vivekanand, ‘Theosoph 1. Unit 1: Social Reform Movements Prarthana Sama) 11 Arya Samaj, Ramkrishna Mission Swami ) it Hs From 1600-1830: ‘a. Charters of the East Indi Settlements: Surat, Madras, Bombay e Courts Mayor's Court of 1726 and Supren Court of 1774 «Statutes ; Regulating Act, 1773; The Act of Settlement 1781 2 Adalat System: Warren He ings's Judicial Plans of 1772, 1774 and 1780; Lord Comwallis "s Judicial Pla «of 1787, 1790 and 1793 Lord William Bentinck "s Judicial Reforms: 3, Unit IIL: Evolution of Law & Legal Institutions: ‘a, Development of Personal Laws, Criminal Law & Civil Law b, Codification of Laws: Charter of 1833, The First Law Commission, The Second Law Commission. ¢. Establishment of High Courts unde! company: 1600, 1661 1 The India High Courts Act, 1861 4. Privy Council and Federal Court : An Appraisal camgian Councils Act 1861, Government of India Act, 1892, 1909. 1919, 1935, 1947 4. Unit IV: Freedom, Movement and Making of the Indian Constitution. Recommended Text Books: a) D.D.Kosambi Ancient Indian History and Culture Delhi 1969 reprint b) P.V.Kane. History of Dharmashastras c) Champak Laxmi, Cholas d) Nilkanth Shastri.History of South India ¢) K.P. Jaiswal - Indian Polity 150-350 AD f) K.ANizami Some aspects of Religion and Politics in 13" century India g) AL. Basham, the Wonder that was India, Part-I, Rupa & Co. h) S.A.A Rizvi, The Wonder that was india, Part -Il i) K.S. Lal History of Khil j) Yusuf Hussain Indo-Muslim Polity k) LH. Qurashi - Administration of Sultanate )) U.N. Dey, Mughal Administration in) Ibn Hassan- Central Structure of Mughal Empire n) Muzaffar Alam and Sanjay Supramaniyam. Mughal State 0) MP. Jain, Outlines of Indian Legal History, Wadhwa & Co, Nagpur p) V.D. Kulshrehtha and v.M. Gandhi, Landmarks of Indian Legal and Constitutional History, Eastern Book Company, Krukshetra.q) HV. Sn 1&1) ") Bipan Chandra, India's Struggle for Independence, 1857-1947, Penguin. ‘nivasa Murthy- History of India, Eastern Book Company (Part S) B.B. Mishra, Administrative History of India 1834-1947 1) Kus Kalra Law of Common Man — 4) Dubois J.A. - Hindu Manners, customs and ceremonies ¥) Please see articles in various journals on net from J- PAPER-IIT Law of Tort. M.V. Accident and Consumer Protection Law nit - I Nature: (i) Definition and Essential Elements of Tort, Scope of Law of Tort (i!) Difference between Tort and Crime, Tort and Contract, Tort and Quasi- Contract, Tort and Trust, (iii) Fault and No Fault Liability. (iv) Whether it is Law of Torts or Law of Tort? Ba: Maxims: (i) Ubi jus ibi remedium (ii)njuria sine damno (ili)Demnun sine inguria. General Defences: (1) Volenti non fit injuria. (Ii) Act of God, Accident, Statutory Authority, Act of Necessity, Inevitable Remoteness of Damage (Remoteness of Consequences) Unit - IT Vicarious Liability: Nature of Vicarious Liability (i) Master Relationship (ii) State Liability Strict Liability and Absolute Liability Joint Tort feasers. and Servant Tort against Person: (a) Assault (b) Battery (c) False Imprisonment Malicious Prosecution Unit - III Negligence: Definition, Essential elements, Res Ips Loquitur, Product Uability due to negligence of manufacturer, Contributory Negligence, Last Opportunity rule. Nuisance: Meaning, Elements, Kinds of Nuisance, Defences. Defamation: Meaning, Kinds, Essential Elements and Defences. Torts against Property: Trespass, Deceit.Unit - 1v 1 1986: ') Consumer, Trade Practices, Complaint, Consu: Consumer Consumer Protection Act, @) Definition; ( Services Goods, Defect Restrictive Trade Practices, mer. & Deficiency, Unfair Manufacturer, (1) Consumers Councils, Their role, Ril (b) Redressal Forums: District Forum, State Commission, Their ¢ Motor Vehicle Act ( accident and tiabilitie Commission and National ‘onstitution and Powers, With Special reference t ‘© rights of victim of Mot S of Insurance Compan: ‘or Vehicle Vv. Winfield on the Law of Tort Salmond on the Law of Torts, Ramaswamy Tyer's the Law of Torts, Ratanlal and Dheeraj Lal on the Law of Tort RK, Bangla: Law of Torts. R.W.M, Dais: Tort Law, Weir: Cases and meterial on the Law of TortPAPER-IV Constitutional Law —1 7 8 Si 10 Unit - I Nature of Constitution of India, Its salient Tea ui Citizenship Unit - II Union and State Executive Parliament and State _Legislature-General, Officers of disqualification of members, powers privileges and immun ties of pa State legisiatures and its members, legislative procedure Unit - IIT Union and State Judiciary; Appointment of Judges, Jurisdiction, Indep of Judiciary Centre-State Relations Unit - Iv Trade, Commerce clause Services under Union and States Elections Official Language Reference: 1 2 3 4 5 Constitutional Law of India by M.P.Jain Constitutional Law of India by V.N.Shukla Constitutional Law of India by H.M. Seervani Constitutional Law of India by D.D. Basu Constitutional Law of India by J.N. PandeyPAPER-V LAW OF CONTRACT-1 LAW OF CONTRACT ( GENERAL PRINCIPLES): SECTION 1 TO 75 OF THE INDIAN CONTRACT ACT: Unit - 1 Introduction: Meaning and Kinds of Contract. Essential Elements of a Contract. Proposal: @) Meaning, Elements, Kinds of Proposal (or Offer). Rules relating to Communication of Proposal and Revocation of Proposal, Modes of Revocation of Proposal (li) Meaning of Promise, Reciprocal Promise and Agreement Acceptance: Meaning, Elements, Rules Revocation of Acceptance. regarding Communication and Unit - IT Consideration: Meaning & Elements, Past Consideration, Doctrine of Privity of Contract. What Consideration and Objects are lawful and what not, Exceptions to the rule “an agreement without consideration Is void” Competence of parties to a Contract agreement. ith special reference to minor's Free consent: Factors vitiating free consent - Coercion, Undue influence, Fraud, Mis-representation, Mistake Unit - ITT Void Agreements with special reference to Agreement in Restraint of Trade, Sele of Goodwill, Wagering Agreement: Meaning, Nature Contingent contract: Meaning, Nature and circumstances when a contract is Contingent. Discharge of Contract: Modes- Specific Performance, Breach of Contract including Anticipatory breach of contract Unit - Iv Impossibility of Performance (Doctrine of Frustration of Contract) Novation of Contract, Alteration of Contract, Quasi Contract: Meaning and circumstances when there will be Quasi Contract. Measures and Kinds of Damages.REFERENCES: Law of Contract by Anson Law of Contract by Cheshire and Fifoot, Law of Contract by Mulla Law of Contract by Avatar Singh Law of Contract by T.R. Desai Law of Contract by 1 DePAPER-VI FAMILY LAW = Xands of Marriage (in the Mi Act, 1954) {e) Valid (b) Void (ce) Voidable (4) Irregular {e) Temporary Unit - If tne Nature ond Effect of 8 marriage vis-a-vis the Ch Act, 1978 The nature nd Muslim Law of Marriage under Hindu a 1955 The Divorce under the Hindu Marriage Act Unit - TIT im Marriage ACL The Divorce under the Dissolution of Musi 1939 their Effects), The Divorce under the Special Marriage Act Divorce by mutual consent: 'Khula’ and Divorce by mutual consent under the Hindu Law. 1954(Grounds and ¢ ‘Mubareat’ under Mus! Unit - IV Extra Judicial Divorce (without intervention of the Court) with special reference to modern Judicial Approach The conditions and Effects of (a) Talag (b) — Talage tafweedREFERENCES; Mustim Law by AAA. Fyzee Muslim Law by R.k, Sinha Muslim Law by Tahir Mahmood, Muslim Law by D.F, Mulla Muslim Law by Tyabjee Hindu Law by 0.F. Mulla Hindu Law by Paras Diwan Mohammdan Law by Syed Ameer Ali vol. 1 & 2 Mohammdan Law by Aquil Ahmad