KLE 2021 LLB Syllabus for II Year

Syllabus for KLE LLB 2012

KLE LLB Syllabus 2012 :  

Semester III :

Course I : Environmental Law :

Unit I :  The Idea of Environment : Ancient and Medieval Writings, Traditions, Natural and Biological Sciences â€“ Perspectives : Modern concept, Conflicting dimensions, recent issues – Environment and sustainable development – National and International Perspectives – Population and Development.

Unit II :  Environmental Policy and Law : Environmental Policy : Pre & Post Independence Period; From Stockholm to Johannesburg Declaration ( Rio ) and Role of Government – Five year Plans – Forest Policy – Conservation strategy – Water Policy; Conservation of Natural Resources and its Management; Constitution and Environment : Right to Environment – Constitutional provisions on Environment and its Protection – Role of Judiciary on Environmental issues – Evolving of new Principles – Polluter pays principle – Precautionary principle – Public trust doctrine.

Unit III :  International Law and Environmental Protection : International conventions in the development of Environmental Laws and its Policy – From Stockholm to recent conventions ( Special Emphasis on Major conventions & Protocols ) – Control on Marine Pollution; Common Law aspects of Environmental Protection; Remedies under other Laws ( I.P.C., Cr.P.C, C.P.C. ) – Riparian rights and prior – appropriation.

Unit IV :  Prevention and Control of Pollution : Pollution of Water, Sources, Legal Control, The Water Act, 1974 – Pollution of Air, Modalities of control, The Air Act, 1981 – Noise Pollution and its control, Noise Pollution control order – Disposal of Waste, laws on waste, disposal and its control – Transboundary Pollution hazards & Regulation; Biological Diversity and Legal Order : Bio – diversity and Legal regulation – Utilization of flora and fauna – Experimentation on animals – Legal and Ethical issues – Genetic Engineering â€“ Wildlife Protection Act, 1972 – Forest Conservation Act, 1980 – Prevention of Cruelty against animals – Problems in Legal regulation of medicinal plants – The plant varieties Act – Wetland Conservation.

Unit V :  Environment Protection Act, 1986 including, Environment Protection Rules, Coastal Zone Regulation, ECO – Mark, Environment Impact Assessment, Environmental Audit, Public Participation in Environmental decision making, Environment information, public hearing, Regulation on Bio – Medical Waste.

Course II : Labour Law :

Unit I :  Introduction to Law of Industrial Disputes Act, 1947 : Historical Aspects – Master and slave relationship – Industrial revolutionLaissez – faire state – Impact of Constitution on Labour provision; Definition and law relating to Appropriate Government – Award and settlement – Industry – Industrial Dispute – Workman. Strikes and Lock – out

Unit II :  Industrial Disputes Act, 1947 : Lay – off –Retrenchment – Closure – Unfair Labour Practices and Role of Government; Authorities under the Act ( Chapter II ) to be read with chapters II B, III and IV Adjudication and Arbitration; Restrictions on the right of the employer – Chapter IIA – Notice of change, section 11 – A and sections 33,33A; Recovery of money due from an employer. Industrial Employment ( Standing Orders ) Act, 1946 and Disciplinary Enquiry.

Unit III :  Trade Unions Act, 1926 : Salient features of the enactment and important definitions – Registration of Unions, Amalgamation of Unions, Cancellation and Registration of Trade Unions, Funds of the Union, Immunity enjoyed by the Union. Workmen’s Compensation Act, 1923 : Emergence of the legislation – Total and partial disablement –Dependent Workman – Wages – Liability of the employer to pay compensation and right of the workman to receive compensation – Accident “Arising out of and in the course of employment” – Occupational disease – Doctrine of ‘Added peril’

Unit IV :  Labour Welfare Legislation : The Employees State Insurance Act, 1948 : Corporation, Standing Committee and Medical Benefit Council; Contributions; Benefits; Adjudication of disputes and Claims; Penalties. The Employees Provident Fund Act, 1952 : Employees Provident Fund Scheme and Authorities; Miscellaneous. The Maternity Benefit Act, 1961 – Its object and its scope.

Unit V :  The Minimum Wages Act, 1948 – Fixation of minimum rates of wages – working hours and determination of wages and claims The Factories Act – its essential features, Safety, Health and Welfare measures. The Contract Labour ( Regulation and Abolition ) Act, 1970 – Its object and its essential features.

Course III : Criminal Law :

Unit I :  Introductory and Pre – trail Process : Meaning of procedure; The organization of the functionaries under the Code; their duties, functions and powers; First Information Report, complaint; Arrest; Types of trial and Features of a fair trial.

Unit II : Trial Process I :

1. Magisterial Powers to take cognizance.
2. Commencement of proceedings.
3. Dismissal of complaints.
4. Charge.
5. Processes to compel appearance and production of things.
6. Bail.
7. Preliminary pleas to bar trial

Unit III : Trial Process II :

1. Provisions as to Inquiries and Trials.
2. Judgment.
3. Appeals, Revision and Reference.
4. Security for keeping peace and good behaviour.
5. Maintenance.

Unit IV : Miscellaneous III :

1. Transfer of cases.
2. Execution, suspension, remission and commutation of sentences.
3. Disposal of property.
4. Preventive action of the police.
5. Irregular proceedings.
6. Limitation of taking cognizance.
7. Compounding of offences and plea bargaining.
8. Criminal Rules and Practice.

Unit – V :

1. Salient features of the Juvenile Justice ( Care & Protection of Children ) Act, 2000.
2. Salient features of the Probation of Offenders Act, 1958.

Course IV : Jurisprudence :

Unit I :  Meaning and nature of ‘Jurisprudence’ – Purpose and value of Jurisprudence – Schools of Jurisprudence : Natural law, Imperative Theory, Legal Realism, Historical School, Sociological School.

Unit II :  Functions and purpose of law, questions of law, fact and discretion – Justice and its kinds – Civil and Criminal Administration of Justice – Theories of Punishment and Secondary functions of the Court.

Unit III :  Sources of Law : Legislation, Precedent and Custom – A Comparative study.

Unit IV :  Legal Concepts : Right and Duty, Kinds, Meaning of Right in its wider sense; Possession : Idea of Ownership, kinds of Ownership, Difference between Possession and Ownership; Nature of Personality, Status of the Unborn, Minor, Lunatic, Drunken and Dead Persons.

Unit V :  Liability : Conditions for imposing liability – Wrongful act : Damnum Sine Injuria, causation, mens rea, intention, malice, negligence and recklessness, strict liability, vicarious liability, obligation.

Semester IV :

Course I : Public International Law : 

Unit I :  Nature, definition, origin and basis of International Law; Sources of International Law; Relationship between Municipal and International Law; Subjects of International Law.

Unit II : States as subjects of International Law : States in general; Recognition; State territorial sovereignty.

Unit III :  State Jurisdiction : Law of the sea; State Responsibility; Succession to rights and obligations.

Unit IV :  State and Individual – Extradition, Asylum and Nationality; the agents of international business; diplomatic envoys, consuls and other representatives; the law and practice as to treaties.

Unit V :  The United Nations Organisation – Principal organs and their functions; World Trade Organisation – Main features; International Labour Organisation.

Course II : Optional I : Human Rights Law and Practice :

Unit I :  Jurisprudence of Human Rights; Nature, definition, origin and theories of human rights.

Unit II :  Universal protection of human rights – United Nations and Human Rights – Universal Declaration of Human Rights, 1948; International Covenant on Civil and Political Rights, 1966; International Covenant Economic, Social and Cultural Rights, 1966.

Unit III :  Regional Protection of Human rights – European system – Inter American System – African System

Unit IV :  Protection of Human Rights at national level; Human rights and the Constitution; The Protection of Human rights Act, 1993.

Unit V :  Human Rights and Vulnerable Groups : Rights of Women, Children, Disabled, Tribals, Aged and Minorities – National and International Legal Developments.

Course II : Optional I : Right to Information

Unit I :  Right to Information before Right to Information Act, 2005; Significance in democracy; Constitutional basis; Supreme Court on right to information.

Unit II :  RTI Act – definitions; Right to information and obligations of public authorities.

Unit III :  Central information commission; State information commission; Powers and functions of information commissions; Appeals and penalties.

Unit IV :  Other related laws – The Official Secrets Act, 1923; The Public Records Act, 1993; The Public Records Rules, 1997; The Freedom of Information Act, 2002; The Commission of Inquiry Act, 1952; The Commission of Inquiry ( Central ) Rules, 1972.

Unit V :  Best practices – A study of decisions rendered by state commissions and central Commission in the following areas of – Police, Revenue, PWD, Irrigation, Secretariat, BSNL, Posts and Telegraphs, Scheduled Banks, CPWD, Income Tax Department, Central Excise Department, Local Authorities.

Course III : Optional II : Banking Law :

Unit I :  Indian Banking Structure – Origin – Evolution of Banking Institutions – Types and functions of banks – Commercial banks
– Functions – Banking Companies in India – RBI – Constitution, Management and Functions – Banking Regulation Act, 1949 – State Bank of India – UTI, IDBI, RRBs’ – Local banks.

Unit II :  Employment of funds – Loans and Advances – Guarantees – Advances secured by Collateral securities – Agency Services – Financing of Exports – Special Banking Services –Advances to Priority Sectors and Credit Guarantee schemes – Securitisation Act, 2002.

Unit III :  Law relating to Negotiable Instruments, 1881 Act ( Read with the amended Act of 2002 ) – Negotiable Instruments – Kinds – Holder and holder in due course – Parties – Negotiation – Assignment – Presentment – Endorsement – Liability of parties – Payment in due course – Special rules of evidence – Material alteration – Noting and protest – Paying banker and collecting banker – Bills in sets – Penal provisions under NI Act – Banker’s book evidence Act.

Unit IV :  Banker and customer Relationship – Definition of banker and customer – General relationship – Special relationship – Banker’s duty of secrecy, banker’s duty to honour cheques, banker’s lien, and banker’s right to set off – Appropriation of payments – Garnishee order – Customer’s duties towards his banker.

Opening of New Accounts – Special types of customers – Minor’s A/C, Joint A/C, Partnership A/C, Company’s A/C, Married women’s A/C, Trust A/C, Joint Hindu family A/C – Illiterate persons, lunatics, executors – Precautions required in case of administrators, clubs, societies and charitable institutions to open an account.

Unit V :  Ancillary Services and E – Banking : Remittances – General, DD, MT, TT, Traveler’s cheques, bank orders, credit card, debit/smart cards, safe deposit vaults, gift cheques, stock invest. E – Banking – Definition – E – Banking includes – Internet banking, mobile banking, ATM banking, computerized banking –Ebanking services – retail services – wholesale services – ECheque – authentication – Cyber Evidence – Banking Ombudsman.

Course III : Optional II : Insurance Law :

Unit I :  Introduction : Nature – Definition – History of Insurance – History and development of Insurance in India – Insurance Act, 1938 – ( main sections ) Insurance Regulatory Authority Act, 1999 : Its role and functions.

Unit II :  Contract of Insurance : Classification of contract of Insurance – Nature of various Insurance Contracts – Parties there to – Principles of good faith – non disclosure – Misrepresentation in Insurance Contract – Insurable Interest – Premium : Definition method of payment, days of grace, forfeiture, return of premium, Mortality; The risk – Meaning and scope of risk, Causa Proxima, Assignment of the subject matter.

Unit III :  Life Insurance : Nature and scope of Life Insurance – Kinds of Life Insurance. The policy and formation of a life insurance contract – Event insured against Life Insurance contract – Circumstance affecting the risk – Amount recoverable under the Life Policy – Persons entitles to payment – Settlement of claim and payment of money – Life Insurance Act, 1956 – Insurance against third party rights – General Insurance Act, 1972 – The Motor Vehicles Act, 1988 – Sec. ( 140 – 176 ), Nature and scope – Absolute or no fault liabilities, Third party or compulsory insurance of motors vehicles – Claims Tribunal – Public Liability Insurance – Legal aspects of Motor Insurance –Claims – Own Damages Claims – Third Party Liability Claims.

Unit IV :  Fire Insurance : Nature and scope of Fire Insurance – Basic Principles – Conditions & Warranties – Right & Duties of Parties – Claims – Some Legal Aspects. Introduction to Agriculture Insurance – History of Crop Insurance in India – Crop Insurance Underwriting, Claims, Problems associated with Crop Insurance – Cattle Insurance in India.

Unit V :  Marine Insurance : Nature and Scope – Classification of Marine policies – Insurable interest – Insurable values – Marine insurance and policy – Conditions and express warranties – Voyage deviation – Perils of sea – Loss – Kinds of Loss – The Marine Insurance Act, 1963 ( Sections 1 to 91 ).