LL.M. SYLLABUS _ Kurukshertra University_2010-11
LL.M. SYLLABUS _ Kurukshertra University_2010-11
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There shall be six theory papers of 100 marks each
and of 3 hours duration. Papers 1 to 4 are compulsory theory papers. For paper
5 & 6, the students may offer paper 1 & 2 from the optional Group-C
'Business Law.
COMPULSORY
PAPERS:
I. Law, Social Transformation and Judicial
Process in India
(101)
II. Indian Constitutional Law and the New
Challenges (102)
III. Principles of Statutory Interpretation.
(103)
IV. Legal Theory (104)
OPTIONAL
PAPERS
Paper
V & VI: Group (C) Business Law
I. Corporate Law and Management (105)
II. Law of Contractual Transactions (106)
101 DE – Paper I: Law, Social Transformation and
Judicial Process in India
Maximum Marks: 100
Time: 3 (Three) hours
Note:
1. Eight questions
shall be set with two questions from each unit. The candidates shall be
required to attempt four questions in all selecting one question from each
Unit.
2.
All questions
shall carry equal marks.
Unit – I Principle
of Legislation
1.
Principles of
Utility
2.
Principles of
Civil Code
3.
Principles of
Penal Code
4.
Constitutional
Utilitarianism, Modern Trends
Unit – II Legislative
Process in India
1.
Legislative
Procedure, ordinary and money bills joint session, Assent to bills
2.
Procedure in the
House, Committees o the House, need for reforms.
3. Delegated
Legislation – Need for delegated Legislation, classification of delegated
legislation, Constitutionality of delegated legislation, and control mechanism
of administrative rule making in India.
4.
Failure of the
executive / Administration to enforce the law, Civil disobedience of law.
Unit – III
1.
Law and Social
Transformation - Law as an instrument of social change - Law as the product of
traditions and culture.
2.
Responses of law
to social institutions
a.
Religion and Law
b.
Language and Law
c.
Community and
Law
3.
Women and Law
4.
Children and Law
5.
Modernization
trends in different areas
a.
Family Law
b.
Local Self
Government
c.
Court Processes
– Civil Law and Criminal Law
Unit – IV Judicial
Process
1.
Judicial
Legislation as an instrument of social ordering.
2. Power of
Judicial Review under the constitution of India, Judicial activism,
Dworking’s Theory of Adjudication.
3. Concept of
Justice, Relation between law and justice, Equivalence theories, Independence
of Justice theories.
102 DE – Paper – II: Indian Constitutional Law and
the New Challenges
Maximum Marks: 100
Time: 3 (Three) hours
Note:
1.
Eight questions
shall be set with two questions from each unit. The candidates shall be
required to attempt four questions in all selecting one question from each
Unit.
2.
All questions
shall carry equal marks.
Unit – I
1.
The Executive – Union and States
1.1
Parliamentary /
Presidential form Governments – Suitability.
1.2
President /
Governor and Council of Ministers – Relationship.
1.3
Coalition
government, Power Politics.
2.
Parliamentary
and State Legislatures
2.1
Composition of
Legislature, Elections, Corrupt Practices
2.2
Role of the
Legislature, Elections, Corrupt Practices.
3.
Judiciary in India
3.1
Independence of Judiciary, Appointment, Removal of the Judges,
Code of Conduct for Judges,
3.2
Power of
Judicial Review, Writ Jurisdiction and other Powers of the court, Judicial
Activism,
3.3
Separation of
Powers, Relationship of Executive, Legislature and Courts.
Unit – II
1.
Fundamental
Rights, Definitions of State and Law.
2.
Right to Equality,
Reverse discrimination.
3.
Political
Freedom of the citizen reasonableness of restrictions.
4. Right to life
and personal liberty, various dimensions of the right to life and personal
liberty.
Unit – III
1.
Secularism,
right of the minorities.
2.
Socio-economic
rights, Directive principles of state policy-enforcement by the state
relationship between directive principles and fundamental rights.
3.
Doctrine of
eminent domain, right to property.
4.
Parliamentary,
privileges and fundamental rights.
5.
Fundamental
duties of the citizen.
Unit – IV
1.
Federalism,
Co-operative federalism.
2.
Legislative and
Administrative relations.
3.
Distribution of
financial resources, Inter-State trade and commerce.
4.
Amendment of the
Constitution, Basic structure theory.
103 DE – Paper III: Principles of Statutory
Interpretation
Maximum Marks: 100
Time: 3 (Three) hours
Note:
1.
Eight questions
shall be set with two questions from each unit. The candidates shall be
required to attempt four questions in all selecting one question from each
Unit.
2.
All questions
shall carry equal marks
Unit – I
1.
Basic Principles
of Interpretation: Meaning of Interpretation,
Interpretation and Construction, Intention of Legislature, Statute must
be read as a whole in its context, Presumption in favour of constitutionality
of a statue, If meaning plain, effect must be given to it irrespective of
consequences.
2.
Rules of Literal
Construction.
3.
Golden Rule of
Construction.
4.
Mischief Rule of
Construction.
Unit – II
1.
Internal Aids to
Construction: Short title, Long title, Preamble, Headings, Marginal Notes,
Punctuation, Illustrations Interpretations Clause, Proviso, Explanation,
Schedules.
2.
Maxims: (I) Ejusdem Generis (II) Expressio Unius Est Exclusion
Alterius (III) Nocituar A sociis
3.
Interpretation
of Constitution.
Unit - III
1.
External Aids to
Construction, Parliamentary Historical Facts and Surrounding Circumstances,
Dictionaries, Tex-books, Use of Foreign Decisions, Statutes in Pari-materia.
2.
Codifying and
Consolidation Statutes,
3.
Mandatory and
Directory Provisions.
4.
Commencement and
Repeal of Statutes.
Unit - IV
1.
Beneficial and
Liberal Construction.
2.
Construction of
Remedial and Penal Statutes.
3.
Construction of
Taxing Statutes.
4.
Presumption as
to Jurisdiction of the Courts.
5.
Construction to
Prevent, Evasion and Abuse.
104 DE – Paper – IV: Legal Theory
Maximum Marks: 100
Time: 3 (Three) hours
Note:
1.
Eight questions
shall be set with two questions from each unit. The candidates shall be
required to attempt four questions in all selecting one question from each
Unit.
2.
All questions
shall carry equal marks
Unit - I
1.
Nature, Value
and Province of Jurisprudence.
2.
Positivism:
(a) Bentham and Positivism
(b) John Austin and Analytical Jurisprudence
3.
Modern
Positivism:
(a)
Kelsen’s Pure
Theory of Law
(b)
Hart’s Concept
of Law
(c)
Dworkin’s
Criticism of Positivism and his theory of Law
Unit- II
1.
Historical
Jurisprudence:
(a)
Savingy and the
Historical School
(b)
Henry Maine and
the Anthropological School
2.
Natural Law
(a)
Revival of
Natural Law
(b)
Lon L. Fuller –
Morality of Law
(c)
Stammler –
‘Natural Law with a variable content’
3.
The Theory of
Precedent in India
Unit – III
1.
Modern Realism.
2.
Sociological
Jurisprudence:
(a) Ihering, Ehrlich (b) Duguit Roscoe Pounds’ Social Engineering
3.
Theory of Social
Justice:
(a)
John Rawls (b) Indian
Approach to socio – economic justice
Unit – IV Legal
Concept
1. Legal
Right. 2. Leal Personality 3. Possession and Ownership
105 DE – Paper – I: Corporate Law And Management
Maximum Marks: 100
Time: 3 (Three) hours
Note:
1.
Eight questions
shall be set with two questions from each unit. The candidates shall be
required to attempt four questions in all selecting one question from each
Unit.
2.
All questions
shall carry equal marks.
UNIT − I
·
Corporation –
its past, present and future,
·
Development of
various concepts relating to company law; Jurisprudence; History of
company Legislation in India.
·
Concept of
corporate personality and limited liability, advantages of Incorporation;
Doctrine of Piercing the Corporate Veil, Corporation and Fundamental Right.
·
Kinds of
companies and other Forms of Business Organization.
·
Registration and
in-corporation, powers of company, Sources of Power Memorandum of
Association, Doctrine of ultra vires.
·
Promoters –
position, importance, duties and liabilities.
·
Company Law
Board – Its Constitution, Power and Functions.
Unit – II
·
Prospectus:
Statement in lieu of Prospectus,
Liability for mis-statements.
·
Shares – Meaning
and Nature, kinds, Allotment, Transfer and Transmission, Effects of irregular
Allotment, Right Issues, Bonus Shares, Purchase of its own shares, Borrowing
Powers of Companies – Debentures, kinds of debentures, Charges, Classification
of Charges, Registration of Charges.
·
Securities and
Exchange Board of India
Act 1992 – Salient Features.
·
Dividend –
Meaning and Nature, power to pay dividend, mode of payments, Limitations on
payments.
·
Charitable and
Political Contributions by Companies.
Unit- III
·
Meetings –
Meaning and Scope shareholders.
·
Democracy, Kinds
of Meetings, Statutory Meeting, Annual General Meeting, Extra – Ordinary
General Meeting, Procedure and conduct of meeting – Notice; quorum, Voting
Resolutions and Minutes.
·
Directors –
Concepts of directors and its evolution, Philosophy for the emergence of Board
of Directors, position and status of directors, kinds of directors, Appointment
of Directors and their retirement.
·
Directors -
Qualifications, disqualifications, Powers and duties including Fiduciary
obligations, Removal of Directors.
·
Managing –
Director, whole – time director and Manager Appointment, Powers and Functions,
Managerial Remuneration; statutory limits and restrictions.
·
Investigation
and inspection – Powers of Central Government and Company Law Board.
Unit - IV
·
Control –
Share-holders Control over the management, Government Control over management.
·
Majority powers
and Minority Rights, oppression and mismanagement.
·
Wing up and
distribution – Meaning and scope, kind of wingding up – sing up by court,
Voluntary wing up, Wingding up under the Supervision of the Courts.
·
Effect of
Liquidation proceedings on the company and its organs, members, creditors and
workers.
·
Liquidator and
official liquidator – Position, powers and duties
106 DE – Paper – II: Law of Contractual Transactions
Maximum Marks: 100
Time: 3 (Three) hours
Note:
1. Eight questions
shall be set with two questions from each unit. The candidates shall be
required to attempt four questions in all selecting one question from each
Unit.
2.
All questions
shall carry equal marks.
UNIT − I
·
Genesis and Philosophy of Contracts and
its importance in a commercial developing society.
·
Freedom of Contract: Nature and basis
of contractual obligation.
·
Formation of Contract – Agreement and
Contract, Intention to create legal obligation; Requirements of valid contract.
·
Proposal and Acceptance – Essential
elements, communication and revocation. Proposal and invitation for proposal,
standing order, Tenders, and Auction sale.
·
Standard Forms of Contract – Exclusion
clauses and their effects.
·
Unilateral and bilateral contracts.
·
Capacity to Contract – Meaning and
Scope, Contractual Capacity of a minor, Corporation, Government, consequences
of Minor’s Agreement and Estoppel, Ratification.
·
Contract by a person of unsound
mind-Legal Effects.
·
Other Legal disabilities.
·
Free consent - Meaning and Scope:
Vitiating elements- coercion, Fraud, Misrepresentation, Undue influence and
Mistake, Distinction between Fraud and innocent misrepresentation, coercion and
Duress, Mistake of Law and Mistake of Fact, Common, Mutual and Unilateral
Mistake, Remedies available when agreement is vitiated by mistake.
UNIT−II
· Consideration – Nudum pactum – its need, meaning and
essential; Adequacy of Consideration, privity of contract and Consideration –
its exceptions; past; Executed and Executory Consideration, Doctrine of
Consideration and Promomissiory Estoppels; Essentiality of consideration with
exceptions.
·
Legality of
objects and consideration – Unlawful consideration and objects; Void, Voidable
and unlawful Agreements and their effects; Concept of immoral and Public
Policy, Head against public policy.
·
Void Agreements,
Agreements in restraint of Marriage, Agreement in restraint of Trade, Agreement
in restraint of Legal Proceedings, Uncertain Agreement and Wagering Agreements.
·
Contingent
Contract – Meaning and scope, Reciprocal promises.
·
Discharge of
Contract – Meaning and modes of discharge, performance and Tender – Place and
Time of performance, Time as essence of contract, performance of joint
promises.
· Discharge by
Agreement – Novation, Remission of performance, Accord and Satisfaction.
·
Discharge of
Impossibility of performance and Frustration-Nature and scope of the doctrine
of Frustration, Specific ground of Frustration.
UNIT−III
·
Restitution;
·
Quasi-Contracts or certain Relation
resembling those created by contract.
·
Breach of contract and remedies,
Meaning of breach and Anticipatory breach; Damages – Meaning and Nature, Kinds,
Rule in Hadly v. Baxendable –Remotences of Damage.
·
Contract of Indemnity – Definition and
Nature, Distinction between indemnity and Guarantee, Rights of the Indemnity
Holder.
·
Contract of Guarantee – Definition and
Scope, specific and Continuing Guarantee, Creditors Right against Principal
Debtor and Surety, Discharge of Surety; Surety’s Rights against the principal
debtor and Co-surety, Principal of Contribution by co-surety.
UNIT−IV
·
Baliment – Definition and Essential
Features, Bailment for Reward and gratuitous Baliment, Right and duties of
Bailor and Bailee.
·
Finder of lost goods – Rights and
Duties of Finder; Rights and Liabilites of owner.
·
Pledge – Definition, Nature and Scope,
Who can pledge; Rights and duties of pawnor and pawnee.
·
Kinds of Agents – Factory, Brokers,
Auctioneers, Del-Cordere agents, etc.
·
Agency – Nature, Distinction from other
transaction; Contractual basis of Agency.
·
Modes of Creation of Agency – Express,
implied, Ratification by operation of Law.
·
Scope of Agent’s Authority; Rights and
Liabilites of the Agent as against principal and third party; Rights and
Liabilites of principal and third party as against each other and as against
Agent.
·
Delegation by Agent-Sub-Agent and
Substituted Agent-Distinction and Legal Effects.
· Termination
of Agency, modes of termination, Agency couple with interest