Cs Flaw LLB Sem8
Cs Flaw LLB Sem8
Cs Flaw LLB Sem8
2019
FACULTY OF LAW
Objective: The course aims to familiarize the students with the various stages
involved in a civil case. This paper will acquaint the students to draft plaints, written
statements, Interlocutory applications, etc. involved in civil cases which will further
enhance their skills of arguments. The objective of the Code of Civil Procedure is to
consolidate a code relating to the procedure which is to be followed by the Court of
civil judicature and to facilitate justice and adopt a law relating to procedure
followed by the civil courts, so that, justice is done to both the parties. In this subject,
technical and hypo-technical objection is totally avoided which is meant to defeat
justice, and the provision of this Code has been formulated to be construed liberally.
UNIT- I
FRAMING OF SUIT I
Parties to the Suit (Order 1)-Framing of Suit (Order 2)-Recognized Agents and
Pleaders (Order 3)
Institution of Suits (Section 26, Orders 4 to 7)-Pleadings-Plaint-Amendments
of the Pleadings
Service of Summons (Section 27 to 32, Order 5) and Exemption from Personal
Appearance (Section 132, 135)
Written Statement, Counter Claims and Set-off (Order 8)
UNIT- II
FRAMING OF SUIT II
UNIT- III
PARTIES TO SUIT & INTERLOCUTORY ORDERS
UNIT- IV
PROCEDURE
Supplemental Proceeding (Section 94 & 95)
Special Case (Order 36)-Summary Procedure (Order 37)
Appointment of Receiver
Miscellaneous (Section 132-158)
UNIT- V
LAW OF LIMITATION
Concept and Object of Law of Limitation: Extension and Suspension of
Limitation-Condonation of Delay Extension and Suspension of Delay-Legal
Disability
Requisition of Easementary Rights and Ownership by way of Prescription
and Efflux of Time (Sections 25 to 27)
FACULTY OF LAW
Suggested Readings
1. Avtar Singh: Code of Civil Procedure, Central Law Publications, Allahabad.
2. C. K. Thakker & M. C. Thakker: Civil Procedure with Limitation Act, 1963, Eastern
Book Company, Lucknow.
3. Dr. N. Maheshwara Swamy: Law Relating to Civil Procedure and Limitation, Asia
Law House, Hyderabad.
4. Himanshi Mittal: Law of Limitation, Universal Law Publishing Co Pvt. Ltd., New
Delhi.
5. Justice P. S. Narayana: Code of Civil Procedure, 1908, Asia Law House, Hyderabad.
6. Prof. M. P. Jain: The Code of Civil Procedure (CPC), LexisNexis India, Gurgaon.
7. Shailender Malik: The Code of Civil Procedure (CPC) Universal Law Publishing Co
Pvt. Ltd., New Delhi.
8. Sukumar Ray: Textbook on the Code of Civil Procedure, Universal Law Publishing
Co Pvt. Ltd., New Delhi.
9. Vedula Venkata Ramana: V.J. Rao’s The Code of Civil Procedure, 1908, ALT
Publications, Hyderabad.
10. Vinay Kumar Gupta: Mulla-The Key to Indian Practice (A Summary of the Code of
Civil Procedure), LexisNexis India, Gurgaon.
4
B.A.LL.B. (Hons.) Semester-VIII
Objective: Intellectual property in the modern world is not confined only to the
protection of intellectual creations or inventions. Rather now it has become a
powerful tool of economic growth and prosperity by stimulating creative and
innovative ideas, of generating revenue, promoting investment, enhancing literary,
social and cultural values of mankind. It prevents 'brain-drain', and nurture over-all
economic health. Every sphere of life is getting moulded by intellectual properties. It
has become an important component of business transactions. The developments in
international telecommunications have increased its importance and put new
challenges to the protection of intellectual property. With such an importance of IP,
well-crafted IP courses require to be devised. The objective of the current draft is to
impart knowledge the substantive intellectual property law and infuse with the skill
of applying and construing the law to different factual situations. On theoretical
level, students should be able to have the basic understanding of the IP.
Subsequently they are required to engage in a critical discourse on the policy factors
of each and every kinds of intellectual property to become aware of their rights for
the protection of their creations and inventions. Apart from the introductory levels,
students should be increasingly exposed to international aspects of IP law.
UNIT- I
INTRODUCTION
Intellectual Property Rights: Concept, Nature and Kinds
Intellectual Property Law: Concept & Aspects of Protection, Legal
Frameworks [History & Sources]
Principles of Treatments of IPRs
FACULTY OF LAW
UNIT- II
INTELLECTUAL PROPERTY IN PATENT RIGHTS
Patent –Concept, Subject Matter, Nature and Kinds, Genesis, Emergence and
International Legal Frameworks
Rights and Obligations of the Patentee:
o Negative (Patent) Rights
o Positive Rights
o ‘Working the Patent’ Obligation
Balancing the Patent Rights: Limitations-Geographical, Temporal and
Exceptional (mainly use for Non-Commercial Purposes (Section 47,
Compulsory Licensing)
UNIT- III
INTELLECTUAL PROPERTY IN COPYRIGHT
STATUTORY MATERIALS:
Patents:
1. (Indian) Patents Act, 1970; the Repealing & Amending Act, 1974; the Delegated
Legislation Provisions (Amendment) Act, 1985; the Patents (Amendment) Act,
1976,1999, 2002, 2005; the Patent Rules, 2003 (as adopted and amended time to
time, and repealing the Patent Rules, 1972).
2. Trade Related Intellectual Properties (TRIPS) Agreement 1994 (as regards patent)
FACULTY OF LAW
3. Paris Convention for the Protection of Industrial Property (PIP), 1883 (as regards
the Patent) (last amended 1976), Stockholm) [member India since 1998]
4. Patent Co-operation Treaty 1970 [member India since 1998]
5. Patent Law Treaty, 2000
Copyright:
1. (Indian) Copyright Act, 1957; the Copyright (Amendment) Act, 1983, 1984, 1992
1994, 1999; the Copyright Rules (as adopted and amended time to time, and
repealing the Copyright Rules, 1958).
2. Trade Related Intellectual Properties (TRIPS) Agreement 1994 (as regards
copyright)
3. Berne Convention for the Protection of Literary and Artistic Works, 1886 (as
revised time to time, and last amended 1979)
4. The Universal Copyright Convention, 1952 (with Protocols)
5. Rome Convention for the Protection of Performers, Producers of Phonograms
and Broadcasting Organizations, 1961
6. Geneva Convention for the Protection of Producers of the Phonograms against
Unauthorised Duplication of their Phonograms, 1971
7. Brussels Convention Relating to the Distribution of Programme Carrying Signals
Transmitted by Satellite, 1974
8. Geneva Convention on International Registration of Audi-Visual Works, 1992
9. World Intellectual Property Organisation (WIPO) Copyright Treaty, 1996
10. WIPO Performances and Phonograms Treaty, 1996
8
B.A.LL.B. (Hons.) Semester-VIII
Trade Marks:
1. (Indian) Trade Marks Act, 1999 (repealing the erstwhile Trade and Merchandise
Marks Act, 1958, in turn, repealing the Trade Marks Act, 1940); the Trade Marks
Rules, 2002 (as adopted and amended time to time, and repealing the erstwhile
the Trade and Merchandise Marks rules, 1959).
2. Trade Related Intellectual Properties (TRIPS) Agreement 1994 (as regards Trade
Marks)
3. Paris Convention for the Protection of Industrial Property (PIP), 1883 (as regards
the Trade marks) (last amended 1976), Stockholm) [member India since 1998]
4. The Nice Agreement concerning the International Classification of Goods and
Services for the Registration of Marks, 1957
5. The Vienna Agreement Established on International Classification of the
Figurative Elements of Marks, 1973
6. Madrid Agreement Concerning the International Registration of Marks, 1979;
Protocol, 1989 relating to that Agreement
7. Common Regulations under the Madrid Agreement concerning the International
Registration of Marks and the Protocol relating to that Agreement, 1998
Designs:
1. Indian Designs Act, 2000 (repealing the erstwhile the Designs Act, 1911); The
Designs Rules, 2001(as adopted and amended time to time, and repealing the
Designs Rules, 1933)
2. Trade Related Intellectual Properties (TRIPS) Agreement 1994 (as regards the
Designs)
3. Paris Convention for the Protection of Industrial Property (PIP), 1883 (as regards
the Designs) (last amended 1976), Stockholm) [member India since 1998]
FACULTY OF LAW
Geographical Indications:
Biological Diversity:
1. (India) The Biological Diversity Act, 2000; the Biological Diversity Rules (if any
2. The United Nations Convention on Biological Diversity, 1992 (signed at Rio de
Janeiro on 15th day of June, 1992) (w.e.f. 29. 12. 1993)
10
B.A.LL.B. (Hons.) Semester-VIII
1. The Protection of Plant Varieties and Farmers’ Rights Act, 2001; the Protection
of Plant Varieties and Farmers’ Rights Rules (if any)
2. Trade Related Intellectual Properties (TRIPS) Agreement 1994 (as regards the
Plant Varieties)
3. Union Pour Le Des Obtentious Vegetales (UPOV) Convention, 1961 (UPOV
Convention for the Protection of New Varieties of Plants, 1961) (revised 1972,
1978, 1991
Suggested Readings:
1. Alka Chawla: Copyright and Related Rights: National and International Perspectives,
Macmillan India Ltd., Delhi
2. Ashwani Bansal: Law of Trade Marks in India with introduction to Intellectual
Property Laws, Institute of Constitutional and Parliamentary Studies, New Delhi.
3. Catherine Colston: Principles of Intellectual Property Law, Sweet & Maxwell,
London
4. David Bainbridge: Intellectual Property, Pearson Education, Delhi.
5. Dr. B. L. Wadehra: Law relating to Patents, Trademarks, Copyright, Design and
Geographical Indications, Universal Law Publishing Co. Ltd., New Delhi.
6. Dr. S. R. Myneni: Law of Intellectual Property, Asia Law House, Hyderabad.
7. Elizabeth Verkey: Law of Patent, Eastern Book Company, Lucknow.
8. Hilary Pearson & Clifford Miller: Commercial Exploitation of Intellectual Property,
Blackstone Press, London.
9. Paul Torremans: Holyoak & Torremans-Intellectual Property Law, Oxford
University Press, New York, 2010.
10. Jaya Shree Watal: Intellectual Property Rights in the WTO & Developing Countries,
Kluwer Law International, Netherlands.
FACULTY OF LAW
11. Latha R. Nair & Rajendra Kumar: Geographical Indications: A Search for Identity,
LexisNexis India, Gurgaon.
12. M. D. Nair: “TRIPS, WTO and IPR: Bio diversity Protection: Critical Issue”, 16(1)
JIPR 3537 (2011).
13. Mathew Thomas: Understanding Intellectual Property, Eastern Book Company:
Lucknow
14. M. Z. M Nomani: ‘Biological Diversity, IPR & Sustainable Development: A
Critical Appraisal of Access & Benefit Sharing Models of U.S., Australia &
India’, VI (11&12) International Journal of Environmental Consumerism, 40-55(2010).
15. M. Z. M Nomani
16.
17. : ‘Environment Agriculture and Challenges of Bio-Piracy: A Blue Print of Indian
Sui Generis Legal Order’, 1(2) Indian Journal of Environmental Law, Bangalore 3-
22, (2000).
18. P. Narayanan: Copyright and Industrial Designs, Eastern Law House; Calcutta
19. P. Narayanan: Intellectual Property Law, Eastern Law House, Calcutta.
20. P. Narayanan: Patent Law, Eastern Law House, Calcutta.
21. P. Narayanan: Intellectual Property Law in India, Gogia Law Agency, Hyderabad
22. Philippe Cullet, “Human Rights, Knowledge and Intellectual Property
Protection”, 11(1) JIPR 7-14 (2006).
23. S. K. Tripathi: “Intellectual Property and Genetic Resources, Traditional
Knowledge and Folklore: International, Regional and National Perspectives,
Trends and Strategies”, 8 JIPR 468-477 (2003).
24. S. Venkateswaran: The Law of Trade Marks and Passing-off, LexisNexis, Gurgaon.
25. V. K. Ahuja: Intellectual Property Rights in India, Lexis Nexis, Gurgaon.
26. Vikas Vashisht: Law and Practice of Intellectual Property in India, Bharat Law
House, New Delhi.
12
B.A.LL.B. (Hons.) Semester-VIII
27. W. R. Cornish: Intellectual Property: Patents, Copyright, Trade Marks and Allied
Rights, Universal Law Publishing Co. Pvt. Ltd., Delhi.
28. W. R. Cornish: Intellectual Property: Patents, Copyright, Trade Marks And Allied
Rights, Sweet & Maxwell, London.
FACULTY OF LAW
Objective: Civil Procedure Code is subject of daily use by the courts and lawyers.
Students cannot afford to have scant knowledge of civil procedure when he goes out
to practice as a lawyer. It is necessary to have good grounding in the subject before
one enters into the profession. The substantive law determines the rights of persons
affected by action. The main objective of this paper is to give to a law student a
thorough knowledge of procedural aspects of working and functioning of civil
courts.
UNIT-I
INTRODUCTION
UNIT-II
POWER TO ENSURE ACCUSED PRESENCE FOR THE PURPOSE OF
INVESTIGATION, INQUIRY AND TRIAL
14
B.A.LL.B. (Hons.) Semester-VIII
UNIT-III
PROCESS TO COMPEL PRODUCTION OF THINGS
UNIT- IV
INVESTIGATION
UNIT- V
REMAND & BAIL
Remand (Section 167)
Bail: Concept & Purpose (Section 436-440, 389-390)
Anticipatory Bail (Section 438)
Suggested Readings
1. B. B. Mitra: Code of Criminal Procedure, Kamal Law House, Kolkata.
2. Batuk Lal: Code of Criminal Procedure, Orient Publishing Co., New Delhi.
FACULTY OF LAW
16
B.A.LL.B. (Hons.) Semester-VIII
Statutes
1. The Code of Criminal Procedure, 1973
2. The Indian Penal Code, 1860
3. The Indian Evidence Act, 1872
Relevant Cases
1. Adambhai Sulemanbhai Ajmeri v. State of Gujarat, (2014) 7 SCC 716.
2. Amitabhai Anilchandara Shah v. Central Bureau of Investigation, AIR 2013 SC 3794.
3. Anil A. Lokhande v. State of Maharashtra, 1981 Cri. LJ 125 (Bombay).
4. Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273.
5. Awadesh Kumar Jha v. State of Bihar, (2016) 3 SCC 8.
6. Bhim Singh v. Union of India, 2014(4) RCR (Criminal) 234.
7. Central Bureau of Investigation v. Rathin Dandapat and Others, AIR 2015 SC 3285.
8. Chandra Babu v. State, (2015) 8 SCC 774.
9. Chandrakeshwar Prasad v. State of Bihar, (2016) 9 SCC 443.
10. Common Cause v. Union of India, (2015) 42 SCD 686.
11. Deepak Aggarwal v. Keshav Kausik, (2013) 5 SCC 277.
12. Devendra Kishanlal Dagalia v. Dwarkesh Diamonds Pvt. Ltd. & Others, (2014) 1 SCC
(Cri) 800).
13. Dharam Pal v. State of Haryana, (2014) 3 SCC 306.
14. Dhariwal Industries Ltd. v. Kishore Wadhwani, AIR 2016 SC 4369.
15. Dr. Vijai Tripathi v. CBI, [Criminal Appeal No. 752 OF 2016] 2016 SCC OnLine SC
804.
16. Gurbax Singh Sibbia v. State of Punjab, AIR 1980 SC 1632.
17. Gurcharan Singh v. State (Delhi Administration), AIR 1978 SC 179.
18. Hemant Yashwant Dhage v. State of Maharashtra, (2016) 6 SCC 273.
FACULTY OF LAW
18
B.A.LL.B. (Hons.) Semester-VIII
HEALTH LAW
(The entire syllabus is divided into five units. Ten questions shall be set in all with two
questions from each unit. The candidate shall be required to answer five questions in all
selecting one from each unit.)
UNIT- I
INTRODUCTION
UNIT- II
LEGISLATIONS RELATING TO PUBLIC HEALTH
FACULTY OF LAW
UNIT- III
LAW & MEDICINE
Nature and Concept of Physician-Doctor and Patient Relationship
Medical Negligence and Medical Malpractices-Confidentiality-Consent and
Informed Consent-Duty to Take Care and Duty to Treat-Code of Ethics in
Medical Profession Professional Conduct and Duties.
Euthanasia-Mercy Killing-Role of Doctor-Patient Rights-Issue of Right to Die
Role of Judiciary in Regulating the Medical Profession-Need for Public Health
Insurance in India
UNIT- IV
HEALTH RELATING TO WOMEN AND CHILDREN
Health relating to Women and Children: Reproductive Rights And Family
Planning, Mortality Rate- Maternal and Infant, Infant Milk Substitutes,
20
B.A.LL.B. (Hons.) Semester-VIII
UNIT- V
LAW & PROFESSIONAL LIABILITY
Legal Regulation of Medical Establishment-Registration with Medical
Council, Clinical Establishments (Registration and Regulation) Act, 2010.
Professional Liability of Hospital Administration and Management: Civil
Liability under Tort and Contractual Liability, Criminal Liability-Indian Penal
Code-, Statutory Liability -Consumer Protection Act,1986
Medical Waste Disposal: The Bio-Medical Waste (Management and
Handling) Rules 1998.
Suggested Readings
1. Dr. Jagdish Singh: Medical Negligence and Compensation, Bharat Law Publications,
Jaipur.
2. Dr. Lily Srivastava: Law & Medicine, Universal Law Publishing, New Delhi.
3. Krishan Pal Singh Mahalwar: Medical Negligence and the Law, Deep & Deep
Publications, New Delhi.
4. Mohammad Naseem & Saman Naseem: Medical Law in India, Kluwer Law
International, Netherlands.
FACULTY OF LAW
22
B.A.LL.B. (Hons.) Semester-VIII
Objective: The course aims to make the students understand the different aspects of
democracy and its implications in the overall development of the state to the
postulate of free and fair elections
UNIT-I
DEMOCRACY & ELECTION SYSTEM
Evolution of Democracy & Election System-Types of Election-Direct and
Indirect, General, Bye & Mid-Term Election-Types of Representation-General
Principles of Election-
Election of President & Vice-President
Qualification and Disqualification of Members of Parliament and State
Legislature under the Constitution and Appropriate Legislations Special
Provisions for Scheduled Castes and Scheduled Tribes-Reservation for
Scheduled Castes-Scheduled Tribes-Women
Local Bodies Election: Rural Level-at Village (Gram Panchayat), Intermediate
or Block (Panchayat Samiti) and District (Zilla Parishad) Levels; Urban Local
Self-Government-Nyaya Panchayat
UNIT-II
ADMINISTRATIVE SET UP
Election Commission: Composition, Powers and Functions of the Election
Commission-General Electoral Roll-Preparation and its Revision-Supervisory
Powers of the Election Commission-Process of Removal of Member
FACULTY OF LAW
UNIT- III
RIGHT TO VOTE AND CONTEST ELECTION
Universal Adult Suffrage-System of Voting-Compulsory Voting/NOTA
Right to Vote &Contest-Candidates and their Eligibility to Contest-
Notification of Election
Withdrawal of Candidature-Grounds for Rejection-Effect of Death
Election Campaign-Code of Conduct-Poll-Ballot Papers including Postal
Ballot & Electronic Voting Machine (EVM)-Declaration of Result
UNIT- IV
ELECTORAL OFFENCES
Anti-Defection Law-Defection-Tenth Schedule of the Constitution of India
Criminalization of Electoral Process
Corrupt Practices-Electoral Offences under I.P.C-Bribery, Undue Influence,
Appeal on Grounds of Caste, Religion etc., Electoral Fraud and Other Crimes
against Electoral System-Safeguard against Impersonation-Publication of
False or Defamatory Statements-Corporate Funding of Political Parties
Jurisdiction of Courts-Election Petitions
24
B.A.LL.B. (Hons.) Semester-VIII
UNIT- V
ELECTORAL REFORM
Office of Profit-Electoral Reforms-Model Code of Conduct- Opinion and Exit
Polls-Free and Fair Election
Media and Elections-Use of Government/Private Electronic Media and
Social Media by Political Parties
Freedom of Expression-Right to Reject-Right to Recall-NRI Voting Options
Political Empowerment of Women-Women Reservation
Suggested Readings
1. Atul Kohli: The Success of India’s Democracy, Foundation Books, New Delhi.
2. B. C. Chowdhury: Political Theory Traditional and Modern Theory, National
Publishing House, New Delhi
3. Doabia & Doabia: Law of Elections and Election Petitions, LexisNexis, Gurgaon.
4. Herman Finer: Theory and Practice of Modern Government, Greenwood, Westport.
5. Manoranjan Mohanty: Theorizing India’s Democracy, in Rajendra Vohra (ed.)
Indian Democracy: Meanings and Practices, Sage, New Delhi.
6. Rajni Kothari: Rethinking Democracy, Orient Longman, New Delhi.
7. SK Mendiratta: All You Want to Know About Indian Elections, LexisNexis,
Gurgoan
8. Thomas Feliner and Lidija R. Basta: Constitutional Democracy in a Multicultural
Globalised World, Springer, Berlin.
9. V S Rama Devi & S K Mendiratta: How India Votes–Election Laws, Practice and
Procedure, LexisNexis, Gurgaon.
10. Andre Blais: The Debate over Electoral Systems, 12(3) International Political
Science Review 239-260 (1991).
11. Arora Dolly: State Funding of Elections-Some Posers, 35(7) EPW 3283 (2000)
12. B. Venketesh Kumar: Power to Allot Symbols, EPW Commentary, Sept. 16, 2000.
FACULTY OF LAW
13. Bikash Chandra Dash: Civil Society Initiatives in Electoral Reforms, EPW
Commentary, Sept.11, 2004.
14. Jagdeep S. Chhokar: Reforming the Electoral System, 521 Seminar, p. 61 (2003).
15. Lauri Karvonen: Preferential Voting: Incidence and Effects, 25(2) International
Political Science Review 203-226 (2004).
16. S Aarthi Anand & Celia Joanne Jenkins: Exit Polls: Debating Freedom or
Fairness, EPW Commentary, Nov. 20, 2004.
17. Samuel Paul: Right to Information on Candidates How Will the Voters Know?
EPW Commentary, April 12, 2003.
18. Vinod Bhanu: Right to Recall Legislator-The Chhattisgarh Experience, 43(40)
EPW 15 (2008).
26
B.A.LL.B. (Hons.) Semester-VIII
CLINICAL COURSE-II
(PLEADING, DRAFTING AND CONVEYANCING)
(The objective of the course is to provide practical orientation and develop necessary
acumenship in drafting legal documents This course covers essential skills required for an
Advocate i.e. the skill of drafting conveyances and pleadings. Developing the ability to draft
effectively requires development of skills of writing purposefully, articulation, legal research,
and of qualities of language, its clarity and precision. All of these develop by practice).
The Course will cover class instruction and simulation exercise, preferably with
assistance of practicing lawyers/ retired judges/
28
B.A.LL.B. (Hons.) Semester-VIII
Apart from teaching the relevant provisions of law, the course may include not less
than 15 practical exercise in drafting carrying a total of 45 marks (3 marks for each)
and 15 exercises in conveyance carrying another 45 marks (3 marks for each
exercise) remaining 10 marks will be given for viva voce.
Suggested Readings:
1. G. M. Kothari and Arvind G. Kothari: Drafting, Conveyancing and Pleadings, N.M.
Tripathi (P.) Ltd., Bombay.
2. P. C. Mogha: The Indian Conveyancer, Eastern Law House, Kolkatta.
3. Nitin Khanna & A.C. Moitra: The Indian Draftsman; Guide to Legal Drafting,
University Book Agency, Allahabad.
4. S. K. Verma: Conveyancing Drafting & Interpretation of Deeds, Law Publishers,
Allahabad.
5. Dr. J. C. Verma: Commercial Drafting & Conveyancing, Bharat Law House, New
Delhi.
6. Justice K. N. Goyal: The Law of Pleadings in India, Eastern Law House, Calcutta.
7. Rodney D. Ryder: Drafting Corporate & Commercial Agreements, Universal Law
Publishing Co., Delhi.