Faculty of Law: Semester-Vi
Faculty of Law: Semester-Vi
Faculty of Law: Semester-Vi
UNIVERSITY OF ALLAHABAD
PAPER-I
Jurisprudence-II
1. Sources of Law
a) Custom
b) Precedent
c) Legislation
d) Juristic Writing
4. Possession : Introduction
Analysis and Theories of possession
Mediate and Immediate possession
Illustrative cases
5. Ownership : Introduction
a) Possession and ownership
b) Theories of property
c) Acquision of property (i) inter vivos and (ii) succession
PAPER-II
Legal Philosophy including Theories of Justice
1. Concept of Law
2. Concept of Justice
3. Theories of Law and Justice with reference to following schools of Philosophy:
a) Realist
b) Idealist
c) Positivist
d) Liberal
e) Utilitarian
f) Marxist
g) Pragmatist
Books recommended:
PAPER-III
Law of Crimes-II
1. Abetment
2. Criminal Conspiracy
3. Sedition
4. Unlawful Assembly, Riot and Affray
5. Offences relating to Marriage
6. Culpable Homicide and Murder
7. Criminal force and Assault
8. Wrongful restraint and Wrongful confinement
9. Kidnapping and Abduction
10. Theft and Extortion
11. Robbery and Dacoity
12. Criminal Misappropriation and Criminal Breach of Trust
13. Cheating
14. Mischief
15. Forgery
16. Criminal Attempts
PAPER-IV
Property Law-II and Easement
Specific Transfer and The Indian Easements Act, 1982
Sale- Definition, Sale how made, Contract for sale
Rights and Liabilities of buyer and seller
Marshalling by subsequent purchaser
Mortgage - Definition and kind of mortgage. Difference between Mortgage and
charge
Right of Redemption
Right to foreclosure or Sale
Doctrine of Marshalling
Doctrine of contribution
Lease - Definition, Duration of certain leases, Leases how made
Rights and liabilities of Lessor and Lessee.
Determination of Lease
Holding over
Exchange - Definition, Rights and Liabilities of parties.
Gift - Definition, Essentials elements
Revocation of Gift
Onerous Gift
Universal donee
Actionable Claims – Provisions relating to transfer
Easement- Definition, Nature of Easements
Kinds of Easements, Easement of Necessity and Quasi necessity
Modes of Acquisition of Easements- Grant, Prescription and Custom
Extinction, Suspension, and Revival of Easements
Licence - Definition, nature and essential features, Difference between
Easement, Licence and Lease
Basic Principles:
i) Meaning of Interpretation and Construction
ii) Intention of the Legislature
iii) Statute must be read as a whole in its context
Basic Rules of Interpretation:
i) Literal Rule
ii) Golden Rule
iii) Mischief Rule
Internal Aids to construction
i) Different parts if Statutes and their aid in interpretation with
special reference to Preamble, Illustration, Definition or
Interpretation clause, Proviso and Schedules
ii) Noscitur A Sociis
Ejusdem generis
Expressio Unis Est Exclusio Alterius
Casus Omissus
Surplusage
External Aids to Interpretation
i) Reports of Commissions and Committees
ii) Proceedings in Parliament
iii) Statement of Objects and Reasons
iv) Precedents
v) Dictionaries
vi) Text-Books and Encyclopedias
Interpretation of Taxing and Penal Statutes
Interpretation of Remedial Statutes
Repeal and Amendment of Statutes
Mandatory and Directory Provisions
Interpretation of the Constitution
Special Rules for Interpretation of Constitution
i) Presumption of validity
ii) Liberal interpretation
iii) Stare-decicis- whether applicable in constitutional matters
iv) Doctrine of Implied Powers
v) Doctrine of Occupied Field
vi) Doctrine of Pith and Substance
vii) Doctrine of Colourable Legislation
viii) Theory of Basic Structure of Constitution
General clauses Act, 1897
i) General Definitions
ii) General Rules of construction
Reference Books:
1. Maxwell - Interpretation of Statutes
2. G.P. Singh - Principles of Statutory Interpretation
3. Markandey Katju & S.K. Kaushik - N.S. Bindra’s Interpretation of Statutes
4. Jagdish Swaroop – Interpretation of Statutes
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PAPER-V
Revised Course Approved by Board of Baccalaureate Studies in Law dated
04.04.2016 for session 2016-17 to onwards.
PAPER-I
Public International Law
Nature, Origin and basis of International Law
Sources of International Law
Relation between International Law and Municipal Law
Recognition of States
Acquisition and Loss of Territory
Extradition
Asylum
Diplomatic Agents
Nationality
Law of sea
Peaceful Settlement of International Disputes
Reference Books:
1. Oppenheim - International Law
2. Starke’s - International Law
3. H.O. Agrawal - International Law and Human Rights
4. S.K. Kapoor - International Law
5. S.K. Verma - International Law
PAPER-VI
Company Law
Recommended Books:
1. Company Law by Avtar Singh
2. Company Law by Kailash Rai
3. Cases and Material on Company Law Hicks, Andrew
4. Company Law by R.K. Bangia
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