BCI C 02 CONTRACT - I ( GENERAL PRINCIPLES OF CONTRACT AND
Objectives of the course
Every man in his day to day life from dawn to dusk makes a variety of contracts. Man's contract
making activities increase with the increasing trade, commerce and industry. In a way living in a
modern society would be impossible if the law did not recognise this contract making power of a
person. This prompted Roscoe Pound to make his celebrated observation: "Wealth, in a commercial
age, is made up largely of promises". In this sense India is also a "promissory" society.
The conferment and protection by the law of this contract making power of persons gives them a
considerable leeway to strike best bargain for the contract making persons. In a way they are
permitted to regulate and define their relations in a best possible manner they chose. However,
the contours of contractual relations in a feudal, colonial and capitalist society of pre-independence
India cannot necessarily be the same in an independent and developing Indian society. Whatever
may be the nature of a given society, the contractual relations, as are obtained in that society, are
governed by certain principles which are more or less of a general and basic nature. In India these
general principles are statutised in the form of the Indian Contract Act 1972.
This course is designed to acquaint a student with the conceptual and operational parameters of
these various general principles of contractual relations.
Specific enforcement of contract is an important aspect of the the law of contracts. Analysis of the
kinds of contracts that can be specifically enforced and the methods of enforcement forms a
significant segment of this study.
The following syllabus prepared with this perspective will comprise of about 84 Units of one-hour
1. General Principles of Law of contract units 40
1.1. History and nature of contractual obligations
1.2. Agreement and contract: definitions, elements and kinds.
1.3. Proposal and acceptance- their various forms, essential elements, communication
and revocation- proposal and invitations for proposal- floating offers- tendersdumping
1.4. Consideration - its need, meaning, kinds, essential elements - nudum pactum -
privity of contract and of consideration- its exceptions- adequacy of considerationpresent,
past and adequate consideration- unlawful consideration and its effectsviews
of Law Commission of India on consideration- evaluation of the doctrine of
1.5. Capacity to contract- meaning- incapacity arising out of status and mental defectminor's
agreements- definition of 'minor'- accessories supplied to a minoragreements
beneficial and detrimental to a minor - affirmation- restitution in cases
of minor's agreements- fraud by a minor- agreements made on behalf of a minorminor's
agreements and estoppel- evaluation of the law relating to minor's
agreements- other illustrations of incapacity to contract.
1.6. Free consent- Its need and definition- factors vitiating free consent.
1.6.1. Coercion- definition- essential elements- duress and coercion- various illustrations
of coercion- doctrine of economic duress- effect of coercion
1.6.2. Undue Influence- definition- essential elements- between which parties can it exist?
Who is to prove it? Illustrations of undue influence- independent advicepardahanashin
women- unconscionable bargains - effect of undue influence.
1.6.3. Misrepresentation - definition - misrepresentation of law and of fact- their effects
1.6.4. Fraud - definition - essential elements - suggestion falsi-suppresio veri - when does
silence amounts to fraud? Active- concealment of truth - importance of intention.
1.6.5. Mistake - definition - kinds- fundamental error - mistake of law and of fact - their
effects - when does a mistake vitiate free consent and when does it not vitiate free
1.7. Legality of objects :
1.7.1. Void agreements - lawful and unlawful considerations, and objects - void, voidable,
illegal and unlawful agreements and their effects.
1.7.2. Unlawful considerations and objects:
220.127.116.11. Forbidden by law
18.104.22.168. Defeating the provision of any law
22.214.171.124. Injurious to person or property
126.96.36.199. Against public policy
1.7.3. Void Agreements:
188.8.131.52. Agreements without consideration
184.108.40.206. Agreements in restraint of marriage
220.127.116.11. Agreements in restraint of trade- its exceptions- sale of goodwill, section 11
restrictions, under the partnership Act, trade combinations, exclusive dealing
agreements, restraints on employees under agreements of service.
18.104.22.168. Agreements in restraint of legal proceedings- its exceptions.
22.214.171.124. Uncertain agreements
126.96.36.199. Wagering agreement - its exception.
1.8. Discharge of a contract and its various modes.
1.8.1. By performance- conditions of valid tender of performance- How? By whom? Where?
When? In what manner? Performance of reciprocal promises- time as essence of
1.8.2. By breach - anticipatory breach and present breach.
1.8.3. Impossibility of performance- specific grounds of frustration- application to leasestheories
of frustration- effect of frustration- frustration and restitution.
1.8.4. By period of limitation
1.8.5. By agreement- rescission and alteration - their effect- remission and waiver of
performance - extension of time- accord and satisfaction.
1.9. Quasi-contracts or certain relations resembling those created by contract
1.10. Remedies in contractual relations:
1.10.1. Damages-kinds-remoteness of damages- ascertainment of damages
1.10.2. Injunction- when granted and when refused- Why?
1.10.3. Refund and restitution
1.10.4. Specific performance- When? Why?
2. Government as a Contracting Party units 10
Constitutional provisions - government power to contract- procedural requirements- kinds of
government contracts- their usual clauses- performance of such contracts- settlements of
disputes and remedies.
3. Standard Form Contracts units 10
Nature, advantages - unilateral character, principles of protection against the possibility of
exploitation- judicial approach to such contracts- exemption clauses - clash between two
standard form contracts- Law Commission of India's views
4. Multi-national Agreement units 6
5. Strategies and constraints to enforce contractual obligations units 8
5.1. Judicial methods- redressal forum, remedies
5.2. Other methods like arbitration, Lok Adalat, Nyaya Panchayat and other such non
5.3. Systemic constraints in settling contractual disputes
5.3.1. Court fees, service of summons, injunctions, delay.
6. Specific relief Units 10
6.1. Specific performance of contract
6.1.1. Contract that can be specifically enforced
6.1.2. Persons against whom specific enforcement can be oredered
6.2. Rescission and cancellation
6.4. Declaratory orders
6.5. Discretion and powers of court
Beatsen (ed.), Anson's Law of Contract (27th ed. 1998)
P.S.Atiya, Introduction to the Law of Contract 1992 reprint (Claredon Law Series)
Avtar Singh, Law of Contract (2000) Eastern, Lucknow
G.C.Cheshire, and H.S.Fifoot and M.P. Furmston, Law of Contract (1992) ELBS with Butterworths
M. Krishnan Nair, Law of Contracts, (1998)
G.H. Treitel, Law of Contract, Sweet & Maxwell (1997 Reprint)
R.K.Abichandani,(ed.), Pollock and Mulla on the Indian Contract and the Specific Relief Act (1999),
Banerjee. S.C, Law of Specific Relief (1998), Universal
Anson, Law of Contract (1998), Universal
Dutt on Contract (2000), Universal
Anand and Aiyer, Law of Specific Relief (1999), Universal
BCI C 04 TORT AND CONSUMER PROTECTION LAWS
Objectives of the course
With rapid industrialization, tort action came to be used against manufacturers and industrial units
for products injurious to human beings. Presently, the emphasis is on extending the principles not
only to acts, which are harmful, but also to failure to comply with standards that are continuously
changing due to advancement in science and technology. Product liability is now assuming a new
dimension in developed economics.
In the modern era of consumer concern of goods and services, the law of torts has an added
significance with this forage into the emerging law of consumer protection. It operates in disputes
relating to the quality of goods supplied and services rendered and in those areas relating to
damage suffered by consumers. The law relating to consumer protection, lying scattered in myriad
provisions of various legislation and judicial decisions in India, so connected with the human rights
for a healthy life and environment, has now a core subject to be taught as an indispensable part of
a socially relevant curriculum.
The BCI proposed a combination of laws of torts and consumer protection as a single paper. The
following syllabus is prepared with this perspective.
The following syllabus prepared with this perspective will comprise of about 84 units of one hour
1. Evolution of Law of Torts units 1
1.1. England - forms of action - specific remedies from case to case
1.2. India - principles of justice equity and good conscience - uncodified characteradvantages
2. Definition, Nature, Scope and Objects units 2
2.1. A wrongful act- violation of duty imposed by law, duty which is owed to people
generally (in rem) - damnum sine injuria and injuria sine damnum.
1.11. Tort distinguished from crime and breach of contract
1.12. The concept of unliquidated damages,
1.13. Changing scope of law of torts : expanding character of duties owed to people
generally due to complexities of modern society
1.14. Objects- prescribing standards of human conduct, redressal of wrongs by payment
of compensation, proscribing unlawful conduct by injunction.
3. Principles of Liability in Torts units 2
3.1.1. Wrongful intent
3.2. Liability without fault
3.3. Violation of ethical codes
3.4. Statutory liability:
3.5. Place of motive in torts
4. Justification in Tort units 2
4.1. Volenti non fit injuria
4.2. Necessity, private and public
4.3. Plaintiff's default
4.4. Act of God
4.5. Inevitable accident
4.6. Private defense
4.7. Statutory authority
4.8. Judicial and quasi-judicial acts
4.9. Parental and quasi-parental authority
5. Extinguishment of liability in certain situations units 2
5.1. Actio personalis moritur cum persona - exceptions
5.2. Waiver and acquiescence
5.4. Accord and satisfaction
6. Standing units 2
6.1. Who may sue - aggrieved individual - class action - social action group
6.2. Statutes granting standing to certain persons or groups
6.3. Who may not be sued ?
7. Doctrine of sovereign immunity and its relevance in India units 2
8. Vicarious Liability units 3
8.1. Basis, scope and justification
8.1.1. Express authorization
8.2. Special Relationships:
8.2.1. Master and servant - arising out of and in the course of employment - who is master?
- the control test - who is servant? - borrowed servant - independent contractor and
8.2.2. Principal and agent
8.2.3. Corporation and principal officer
9. Torts against persons and personal relations units 7
9.1. Assault, battery, mayhem
9.2. False imprisonment
9.3. Defamation- libel, slander including law relating to privileges
9.4. Marital relations, domestic relations, parental relations, master and servant relations
9.5. Malicious prosecution
9.6. Shortened expectation of life
9.7. Nervous shock
10. Wrongs affecting property units 3
10.1. Trespass to land, trespass ab initio, dispossession
10.2. Movable property- trespass to goods, detinue, conversion
10.3. Torts against business interests - injurious falsehood, misstatements, passing off
11. Negligence units 6
11.1. Basic concepts
11.1.1. Theories of negligence
11.1.2. Standards of care, duty to take care, carelessness, inadvertence
11.1.3. Doctrine of contributory negligence
11.1.4. Res ipsa loquitor and its importance in contemporary law
11.2. Liability due to negligence : different professionals
11.3. Liability of common carriers for negligence
11.4. Product liability due to negligence : liability of manufacturers and business houses
for their products
12. Nuisance units 2
12.1. Definition, essentials and types
12.2. Acts which constitute nuisance- obstructions of highways, pollution of air, water,
noise, and interference with light and air
13. Absolute/Strict liability units 2
13.1. The rule in Rylands v. Fletcher
13.2. Liability for harm caused by inherently dangerous industries
14. Legal remedies units 2
14.1. Legal remedies:
14.1.1. Award of damages- simple, special, punitive
14.1.2. Remoteness of damage- foreseeability and directness
14.1.4. Specific restitution of property
14.2. Extra-legal remedies- self-help, re-entry on land, re-caption of goods, distress
damage feasant and abatment of nuisance.
15. Consumer movements: historical perspectives units 2
15.1. Common law protection: contract and torts
15.2. Consumerism in India: food adulteration, drugs and cosmetics - essential
15.2.1. Criminal sanction: Sale of noxious and adulterated substances, false weights and
measures. Use of unsafe carriers
16. Consumer, the concept units 2
16.1. General Perspectives
16.2. Statutory and government services: to be included or not?
16.2. Definition and scope: the Consumer Protection Act 1986 (CPA)
16.3.1. Who is not a consumer?
17. Unfair Trade Practices units 2
17.1. Misleading and false advertising
17.2. Unsafe and hazardous products
17.3. Disparaging competitors
17.4. Business ethics and business self-regulation
17.5. Falsification of trade marks.
18. Consumer of goods units 12
18.1. Meaning of defects in goods.
18.2. Standards of purity, quality, quantity and potency
18.2.1. Statutes: food and drugs, engineering and electrical goods.
18.2.2. Common law: decision of courts
18.3. Price control
18.3.1. Administrative fixation
18.3.2. Competitive market
18.4. Supply and distribution of goods
19. Supply of essential commodities Units 3
19.1. Quality control
19.2. Sale of goods and hire purchase law
19.3. Prescribing standards of quality - BIS and Agmark, Essential commodities law.
20. Consumer Safety units 5
20.1. Starting, distribution and handling of unsafe and hazardous products.
20.2. Insecticides and pesticides and other poisonous substances
21. Service units 10
21.1. Deficiency - meaning
21.2. Professional services
21.2.1. Medical Services
21.2.2. How to determine negligence
21.2.3. Violation of statute
21.2.4. Denial of medical service: violation of human rights
21.2.5. Lawyering services: duty-towards-court and duty-to-client dilemma, break of
confidentiality - negligence and misconduct.
21.3. Public Utilities
21.3.1. Supply of electricity
21.3.2. Telecommunication and postal services
22. Commercial services units 5
22.3. Agency services
23. Enforcement of consumer rights units 5
23.1. Consumer fora under CPA: jurisdiction, powers and functions
23.1.1. Execution of orders
23.1.2. Judicial review
23.3. Class action
23.5. Administrative remedies
Salmond and Heuston - On the Law of Torts (2000) Universal, Delhi.
D.D.Basu, The Law of Torts (1982), Kamal, Calcutta.
D.M.Gandhi, Law of Tort (1987), Eastern, Lucknow
P.S.Achuthan Pillai, The law of Tort (1994) Eastern, Lucknow
Ratanlal & Dhirajlal, The Law of Torts (1997), Universal, Delhi.
Winfield and Jolowiz on Tort (1999), Sweet and Maxwell, London.
Saraf, D.N., Law of Consumer Preotection in India (1995), Tripathi, Bombay
Avtar Singh, The Law of Consumer Protection: Principles and Practice (2000), Eastern Book Co.,
J.N.Barowalia, Commentary on Consumer Protection Act 1986 (2000), Universal, Delhi.
P.K.Majundar, The Law of Consumer Protection In India (1998), Orient Publishing Co. New Delhi.
R.M. Vats, Consumer and the Law (1994), Universal, Delhi
BCI C 09 CONSTITUTIONAL LAW
Objective of the course
India is a democracy and her Constitution embodies the main principles of the democratic
government- how it comes into being, what are its powers, functions, responsibilities and obligationshow
power is limited and distributed. Whatever might have been the original power base of the
Constitution, today it seems to have acquired legitimacy as a highest norm of public law. A good
understanding of the Constitution and the law, which has developed through constitutional
amendments, judicial decisions, constitutional practice and conventions is, therefore, absolutely
necessary for a student of law. He must also know the genesis, nature and special features and
be aware of the social, political and economic influence on the Constitution.
The purpose of teaching constitutional law is to highlight its never-ending growth. Constitutional
interpretation is bound to be influenced by one's social, economic or political predilections. A
student must, therefore, learn how various interpretations of the constitution are possible and why
a significant interpretation was adopted in a particular situation. Such a critical approach is necessary
requirement in the study of constitutional law.
Judicial review is an important aspect of constitutional law. India is the only country where the
judiciary has the powr to review even constitutional amendments. The application of basic structure
objective in the evaluation of executive actions is an interesting development of Indian constitutional
law. Pari pasu the concept of secularism and federalism engraved in the constitution are, and are
to be, interpreted progressively.
The following syllabus prepared with this perspective will comprise of about 84 Units of one-Hour
1. Historical Perspective units 8
1.1. Constitutional developments since 1858 to 1947
1.2. Gandhi Era - 1919 to 1947: social, political, economic and spiritual influence.
1.3. Making of Indian Constitution
1.4. Nature and special features of the constitution.
2. Parliamentary Government units 15
2.1. Westminister model - choice of parliamentary government at the Centre and States.
2.2. President of India
2.1.1. Election, qualifications, salary and impeachment
2.1.2. Powers : legislative, executive and discretionary powers
2.3. Council of Ministers
2.4. Governor and state government - constitutional relationship.
2.5. Legislative process
2.5.1. Practice of law-making.
2.5.2. Legislative privileges and fundamental rights.
2.6. Prime Minister - cabinet system - collective responsibility-individual responsibility.
2.7. Coalition Government: Anti-defection Law.
3. Federalism units 8
3.1. Federalism - principles: comparative study
3.2. Indian Federalism: identification of federal features
3.2.1. Legislative relations
3.2.2. Administrative relations
3.2.3. Financial relations .
3.3. Governor's role
3.4. Centre's powers over the states - emergency
3.5. J & K - special status
3.6. Challenges to Indian federalism
4. Constitutional Processes of Adaptation and Alteration units 5
4.1. Methods of constitutional amendment
4.2. Limitations upon constituent power
4.3. Development of the basic Structure : Doctrine judicial activism and restraint
5. Secularism units 3
5.1. Concept of secularism : historical perspective
5.2. Indian constitutional provision
5.3. Freedom of religion - scope
5.4. Religion and the state: the limits
5.5. Minority rights
6. Equality and Social Justice units 5
6.1. Equality before the law and equal protection of laws
6.2. Classification for differential treatment: constitutional validity
6.3. Gender justice
6.4. Justice to the weaker sections of society: scheduled castes, scheduled tribes and
other backwards classes
6.5. Strategies for ameliorative justice
7. Freedoms and Social Controlunits 10
7.1. Speech and expression
7.1.1. Media, press and information
7.2. Freedom of speech and contempt of court
7.3. Freedom of assembly
7.4. Freedom of association
7.5. Freedom of movement
7.6. Freedom to reside and settle.
7.7. Freedom of profession/business
7.8. Property: from fundamental right to constitutional right
8. Personal Liberty units 5
8.1. Rights of an accused - double jeopardy - self-incrimination retroactive punishment
8.2. Right to life and personal liberty : meaning, scope and limitations
8.3. Preventive detention - constitutional policy
9. Fundamental Rights and Directive Principles units 5
9.1. Directive Principles- directions for social change- A new social order.
9.2. Fundamental Rights and Directive Principles - inter-relationship - judicial balancing.
9.3. Constitutional amendments - to strengthen Directive Principles.
9.4. Reading Directive Principles into Fundamental Rights
10. Fundamental duties units 3
10.1. The need and status in constitutional set up
10.2. Interrelationship with fundamental rights and directive principles
11. Emergency units 5
11.1. Emergency. meaning and scope
11.2. Proclamation of emergency - conditions -effect of emergency on Centre- State
11.3. Emergency and suspension of fundamental rights
12. Judiciary under the Constitution units 10
12.1. Judicial process
12.1.1. Court system
12.1.2. The Supreme Court
12.1.3. High Courts
12.1.4. Subordinate judiciary
12.1.5. Judges : appointment, removal, transfer and condition of service: judicial
12.2. Judicial review : nature and scope
13. Services under the Constitution units 3
13.1. Doctrine of pleasure (Art. 310)
13.2. Protection against arbitrary dismissal, removal, or reduction in rank (Art.311)
13.3. Exceptions to Art.311
G. Austin, History of Democratic Constitution: The Indian Expenditure (2000) Oxford
D.D.Basu, Shorter Constitution of India, (1996), Prentice Hall of India, Delhi
Constitutent Assembly Debates Vol. 1 to 12 (1989)
H.M.Seervai, Constitution of India, Vol.1-3(1992), Tripathi, Bombay
M.P.Singh(ed.), V.N.Shukla, Constitutional Law of India (2000)' Oxford
G. Austin, Indian Constitution: Cornestone of a Nation (1972).
M. Galanter, Competing Equalities - Law and the Backward Classes in India (1984) Oxford
B. Sivaramayya, Inequalities and the Law (1984) Eastern, Lucknow.
S.C.Kashyap, Human Rights and Parliament (1978) Metropolitan, New Delhi
BCI C 03 CONTRACT - II (INDIAN CONTRACT ACT, INDIAN PARTNERSHIP
ACT, SALE OF GOODS ACT AND OTHER SPECIFIC CONTRACTS)
Objectives of the course
This course is to be taught after the students have been made familiar with the general principles
of contract in which the emphases is on understanding and appreciating the basic essentials of a
valid contract and on the existence of contractual relationship in various instances. Obviously, a
course on special contracts should initiate the students to different kinds of contracts with emphasis
on the intricacies therein. This course also should provide an insight into the justification for
special statutory provisions for certain kinds of contracts.
The paper comprises of about 84 units of one hour duration.
1. Indemnity units 3
1.1. The concept
1.2. Need for indemnity to facilitate commercial transactions.
1.3. Methods of creating indemnity obligations.
1.4. Definition of Indemnity
1.5. Nature and extent of liability of the indemnifier
1.6. Commencement of liability of the indemnifier
1.7. Situations of various types of indemnity creations.
1.8. Documents/agreements of indemnity
1.9. Nature of indemnity clauses.
1.10. Indemnity in cases of International transactions
1.11. Indemnity by governments during interstate transactions.
2. Guarantee units 7
2.1. The concept.
2.2. Definition of guarantee: as distinguished from indemnity.
2.3. Basic essentials for a valid guarantee contract.
2.4. The place of consideration and the criteria for ascertaining the existence of
consideration in guarantee contracts.
2.5. Position of minor and validity of guarantee when minor is the principal debtor, creditor
2.6. Continuing guarantee.
2.6.1. Nature of surety's liability
2.6.2. Duration and termination of such liability
2.7. Illustrative situations of existence of continuing guarantee.
2.7.1 Creation and identification of continuing guarantees.
2.8. Letters of credit and bank guarantees as instances of guarantee transactions
2.9. Rights of surety:
2.9.1. Position of surety in the eye of law
2.9.2. Various judicial interpretations to protect the surety.
2.10. Co-surety and manner of sharing liabilities and rights.
2.11. Extent of surety's liability.
2.12. Discharge of surety's liability.
3. Bailment units 6
3.1. Identification of bailment contracts in day today life.
3.1.1. Manner of creation of such contracts
3.2. Commercial utility of bailment contracts
3.3. Definition of bailment
3.4. Kinds of bailees
3.5. Duties of Bailor and Bailee towards each other
3.6. Rights of bailor and bailee
3.7. Finder of goods as a bailee.
3.7.1. Liability towards the true owner.
3.7.2. Obligation to keep the goods safe
3.7.3. Right to dispose off the goods.
4. Pledge units 4
4.1. Pledge: comparison with bailment
4.2. Commercial utility of pledge transactions
4.3. Definition of pledge under the Indian contract Act
4.4. Other statutory regulations(State & Centre)regarding pledge, reasons for the same
4.5. Rights of the pawner and pawnee.
4.5.1. Pownee's right of sale as compared to that of an ordinary bailee
4.6. Pledge by certain specified persons mentioned in the Indian Contract Act.
5. Agency units 10
5.1. Identification of different kinds of agency transactions in day to day life in the
5.2. Kinds of agents and agencies.
5.2.1. Distinction between agent and servant.
5.3. Essentials of a agency transaction
5.4. Various methods of creation of agency
5.6. Duties and rights of agent
5.7. Scope and extent of agent's authority.
5.8. Liability of the principal for acts of the agent including misconduct and tort of the
5.9. Liability of the agent towards the principal.
5.10. Personal liability towards the parties
5.11. Methods of termination of agency contract
5.11.1. Liability of the principal and agent before and after such termination.
6. Sale of Goods units 22
6.1. Concept of sale as a contract
6.2. Illustrative instances of sale of goods and the nature of such contracts.
6.3. Essentials of contract of sale
6.4. Essential conditions in every contract of sale
6.5. Implied terms in contract of sale
6.6. The rule of caveat emptor and the exceptions thereto under the Sale of Goods Act.
6.7. Changing concept of caveat emptor
6.8. Effect and meaning of implied warranties in a sale
6.9. Transfer of title and passing of risk
6.10. Delivery of goods: various rules regarding delivery of goods.
6.11. Unpaid seller and his rights
6.1.2. Remedies for breach of contract
7. Partnership units 20
7.1. Nature of partnership: definition
7.2. Distinct advantages and disadvantages vis-à-vis partnership and private limited
7.3. Mutual relationship between partners
7.4. Authority of partners
7.5. Admission of partners.
7.6. Outgoing of partners.
7.7. Registration of Partnership
7.8. Dissolution of Partnership
8. Negotiable Instruments units 12
8.1. The concept
8.2. Various kinds
8.3. Essential requirements to make an instrument negotiable.
8.4. Competent parties for making and negotiation
8.5. Acceptance of the instrument.
8.6. Dishonour by non acceptance and remedies available to the holder
8.7. Holder and holder in due course: meaning, essential conditions rights and privileges
of holder in course and indorsee from the holder in due course.
8.8. Negotiation of the instrument.
8.9. Presentment of the instrument.
8.10. Cheques: rules regarding payment of cheque
8.10.1. Liability of the collecting banker and paying banker.
8.10.2. Dishonour of cheque and its effect.
8.10.3. Discharge from liability
8.11. Kinds of bills
8.12.1. Special rules of evidence regarding negotiable instruments
R.K.Abhichandani (ed.), Pollock and Mulla on Contracts and Specific Relief Acts (1999) Tripathi,
Avtar Singh, Contract Act (2000), Eastern, Lucknow.
Krishnan Nair, Law of Contract,(1999) Orient
Avtar Singh, Principles of the Law of Sale of Goods and Hire Purchase (1998), Eastern, Lucknow
J.P.Verma (ed.), Singh and Gupta, The Law of Partnership in India (1999), Orient Law House,
A. G. Guest (ed.), Benjamin`s Sale of Goods (1992), Sweet & Maxwell.
Bhashyam and Adiga, The Negotiable Instruments Act (1995), Bharath, Allahabad
M.S.Parthasarathy (ed.), J. S. Khergamvala, The Negotiable Instruments Act
Beatson (ed.), Ansons' Law of Contract, (1998), Oxford, London
Saharay, h.k., Indian Partnership and Sale of Goods Act (2000), Universal
Ramnainga, The Sales of Goods Act (1998), Universal
BCI C 01 JURISPRUDENCE
Objectives of the course
At the heart of the legal enterprise is the concept of law. Without a deep understanding of this
concept neither legal education nor legal practice can be a purposive activity oriented towards
attainment of justice in society. Moreover, without a comprehension of the cognitive and teleological
foundations of the discipline, pedagogy becomes a mere teaching of the rules. It is unable to
present various statutes, cases, procedure, practices and customs as a systematic body of
knowledge, nor is it able to show the inter-connection between these various branches of law,
procedures and principles. The fact that the basic nature and purpose of law should be clear to
every student and that it should be the very foundation of law teaching needs little argument. A
course in jurisprudence should, primarily, induct the student into a realm of questions concerning
law so that he is able to live with their perplexity or complexity and is driven to seek out answers for
It may not be possible that a one year jurisprudence course can impart knowledge of doctrines
about law and justice, developed over the years, in various nations and historical situations. At
best an undergraduate course should impart the analytical skill and equip the student with the
basic problems concerning law and the types of solutions sought. Thus, the student not only will
be able to use this skill in practice but also is motivated to take up detailed historical studies on his
own after the course. Since a basic idea in the designing of this course is to bring jurisprudence
closer to our reality, in the selection of cases and reading materials the teacher should try to make
use of the Indian material as far as possible.
The course will comprise of 84 units of one hour duration.
1. Introduction units 10
1.1. Meaning of the term 'jurisprudence'
1.2. Norms and the normative system.
1.2.1. Different types of normative systems, such as of games, languages, religious orders,
unions, clubs and customary practice.
1.2.2. Legal system as a normative order: similarities and differences of the legal system
with other normative systems.
1.3. Nature and definition of law.
2. Schools of Jurisprudence units 15
2.1. Analytical positivism
2.2. Natural law
2.3. Historical school
2.4. Sociological school
2.5. Economic interpretation of law
2.6. The Bharat jurisprudence
2.6.1. The Ancient: the concept of 'Dharma'
2.6.2. The Modern: PIL, social justice, compensatory jurisprudence
3. Purpose of Law
3.1.1. Meaning and kinds
3.1.2. Justice and law: approaches of different schools
3.1.3. Power of the Supreme Court of India to do complete justice in a case: Article 142
3.1.4. Critical studies
3.1.5. Feminist jurisprudence
4. Sources of Law units 20
4.2. Precedents: concept of stare decisis
4.4. Juristic writings
5. Legal Rights: the Concept units 6
5.1. Rights: kinds
5.2. Right duty correlation
6. Persons units 3
6.1. Nature of personality
6.2. Status of the unborn, minor, lunatic, drunken and dead persons]
6.3. Corporate personality
6.4. Dimensions of the modern legal personality: Legal personality of non-human beings
7. Possession: the Concept units 3
7.1. Kinds of possession
8. Ownership :the Concept units 3
8.1. Kinds of ownership
8.2. Difference between possession and ownership
9. Title units 2
10. Property: the concept units 3
10.1. Kinds of property
11. Liability units 15
11.1. Conditions for imposing liability
11.1.1. Wrongful act
11.1.2. Damnum sine injuria
11.1.4. Mens rea
11.1.7. Negligence and recklessness
11.1.8. Strict liability
11.1.9. Vicarious liability
12. Obligation: Nature and kinds units 2
12.1. Sources of obligation
13. Procedure units 2
13.1. Substantive and procedural laws: difference
13.2. Evidence: Nature and kinds
Bodenheimer Jurisprudence—The Philosophy and Method of Law (1996), Universal , Delhi.
Fitzgerald,(ed.) Salmond on Jurisprudence (1999) Tripathi, Bombay
W. Friedmann, Legal Theory (1999) Universal, Delhi.
V.D. Mahajan, Jurisprudence and Legal Theory (1996 re-print) , Eastern, Lucknow
M.D.A Freeman (ed.), Lloyd's Introduction t Jurisprudence, (1994), Sweet & Maxwell
Paton G.W., Jurisprudence (1972) Oxford, ELBS
H.L.A. Hart, The Concepts of Law (1970) Oxford, ELBS
Roscoe Pond, Introduction to the Philosophy of Law (1998 Re-print) Universal, Delhi.
Dias, Jurisprudence (1994 First Indian re-print), Adithya Books, New Delhi.
Dhyani S.N., Jurisprudence: A study of Indian Legal Theory (1985), Metropolitan, New Delhi.
BCI C 07 LAW OF CRIMES
Objectives of the course
The Indian society has changed very rapidly since Independence. A proper understanding of crimes,
methods of controlling them and the socio-economic and political reasons for their existence is
now extremely important in the larger context of India's development, if students are to use their
knowledge and skills to build a just and humane society. The curriculum outlined here attempts to
bring in these new perspectives.
The following syllabus will comprise of about 84 Units of one hour duration.
1. General units 10
1.1. Conception of crime
1.1.1. Pre-colonial notions of crime as reflected in Hindu, Muslim and tribal law.
1.1.2. Macaulay's draft based essentially on British notions.
1.2. State's power to determine acts or omissions as crimes
1.3. State's responsibility to detect, control and punish crime.
1.4. Distinction between crime and other wrongs.
1.5. IPC : a reflection of different social and moral values.
1.6. Applicability of I.P.C.
1.7. Salient features of the I.P.C
2. Elements of criminal liability units 5
2.1. Author of crime - natural and legal person
2.2. Men rea - evil intention
2.3. Importance of mens rea
2.4. Recent trends to fix liability without mens rea in certain socio-economic offences.
2.5. Act in furtherance of guilty intent
2.7. Injury to another
3. Group liability units 10
3.1. Stringent provision in case of combination of persons attempting to disturb peace.
3.2. Common intention
3.3.1. Instigation, aiding and conspiracy
3.3.2. Mere act of abetment punishable
3.4. Unlawful assembly:
3.4.1. Basis of liability
3.5. Criminal conspiracy
3.6. Rioting as a specific offence
4. Stages of a crimeunits 6
4.1. Guilty intention - mere intention not punishable
4.2.1. Preparation not punishable
4.2.2. Exception in respect of certain offences of grave nature or of peculiar kind such as
possession of counterfeit coins, false weights and measures.
4.3.1. Attempt when punishable - specific provisions of IPC
4.3.2. Tests for determining what constitutes attempt - proximity, equivocality and social
4.3.3 Impossible attempt
5. Factors negativing guilty intention units 10
5.1. Mental incapacity
5.1.2. Insanity- impairment of cognitive faculties, emotional imbalance
5.1.3. Medical and legal insanity
5.2. Intoxication - involuntary
5.3. Private defence- justification and limits
5.3.1. When private defence extends to causing of death to protect body and property
5.3.3. Mistake of fact
6. Types of punishment units 8
6.1.1. Social relevance of capital punishment
6.1.2. Alternatives to capital punishment
6.2. Imprisonment - for life, with hard labour, simple imprisonment
6.3. Forfeiture of property
6.5. Discretion in awarding punishment:
6.5.1. Minimum punishment in respect of certain offences
7. Specific offences against human body units 10
7.1. Causing death of human beings
7.1.1. Culpable homicide
7.2. Distinction between culpable homicide and murder
7.2.1. Specific mental element : requirement in respect of murder
7.3. Situation justifying treating murder as culpable homicide not amounting to murder
7.3.1. Grave and sudden provocation
7.3.2. Exceeding right to private defense
7.3.3. Public servant exceeding legitimate use of force
7.3.4. Death in sudden fight
7.3.5. Death caused by consent of the deceased- euthanasia and surgical operation
7.3.6. Death caused of person other than the person intended
7.3.7. Miscarriage with or without consent
7.4. Rash and negligent act causing death
7.5. Hurt- grievous and simple
7.6. Assault and criminal force
7.7. Wrongful restraint and wrongful confinement- kidnapping from lawful guardianship
and from outside India.
8. Offences against women units 10
8.1. Insulting the modesty of woman
8.2. Assault or criminal force with intent to outrage the modesty of woman
8.3. Causing miscarriage without woman's consent:
8.3.1. Causing death by causing miscarriage without woman's consent
8.4. Kidnapping or abducting woman to compel her to marry or force her to illicit
8.5. Buying a minor for purposes of prostitution
8.6.1. Custodial rape
8.6.2. Marital rape
8.8. Cruelty by husband or his relatives
9. Offences against Property units 5
9.4. Robbery and dacoity
9.6. Criminal misrepresentation and criminal breach of trust
K.D. Gaur, Criminal Law: Cases and Materials (1999), Butterworths, India
Ratanlan-Dhirajlal's Indian Penal Code (1994 reprint)
K.D.Gaur, A Text Book on the Indian Penal Code (1998), Universal, Delhi.
P.S.Achuthan Pillai, Criminal Law (1995) Eastern, Lucknow.
Hidayathullaw,M., et.al., Ratanlal and Dhirajlats The Indian Penal Code (1994 reprint), Wadhwa &
B.M.Gandhi, Indian Penal Code (1996), Eastern, Nagpur
BCI C 08 CRIMINAL PROCEDURE CODE, JUVENILE JUSTICE ACT AND PROBATION OF OFFENDERS ACT
Objective of the course
The criminal process involves increasing expenditure of government resources. At the same time
it confronts a crisis of intrusion into individual rights in order to protect the common weal. Obviously,
criminal procedure has to be just, fair and reasonable to the accused as well as to the victims.
Undoubtedly the process is to be carried out in an objective manner. Criminal procedure, thus,
makes a balance of conflicting interests. This imposes a duty upon those connected with the
working of the criminal process to abide by the law and to exercise discretion conferred on them in
the best manner. Code of Criminal Procedure, originally enacted years ago, had undergone many
trials and experiments, too enormous to be placed within a class room discussion. However, the
students should obtain a fair idea how the code works as the main spring of the criminal justice
delivery system and should be exposed to the significant riddles of the procedure.
Juvenile justice and probation of offenders are combined with the study of criminal procedure.
These topics also do have their roots in criminal procedure. The rubrics under their head are
intended to render an essential grasp of the areas.
This paper with the above perspectives comprises about 84 units of one-hour duration.
1. Introductory units 5
1.1. The rationale of criminal procedure: the importance of fair trial.
1.2. Constitutional perspectives: Articles 14, 20 & 21.
2. Pre-trial process : arrest units 6
2.1. The distinction between cognisable and non-cognisable offences: relevance
and adequacy problems.
2.2. Steps to ensure accused's presence at trial : warrant and summons.
2.3. Arrest with and without warrant (Section 70-73 and 41).
2.4. The absconder status (Section 82, 83, 84 and 85)
2.5. Right of the arrested person
2.6. Right to know grounds of arrest (Section 50(1), 55, 75).
2.7. Right to be taken to magistrate without delay (Section 56, 57).
2.8. Right of not being detained for more than twenty-four hours (section 57): 2.9 Article
22(2) of the Constitution of India.
2.9. Right to consult legal practitioner, legal aid and the right to be told of rights to bail
2.10. Right to be examined by a medical practitioner (Section 54).
3. Pre-trial process: Search and Seizure units 5
3.1. Search warrant (Section 83, 94, 97, 98) and searches without warrant
3.2. Police search during investigation (Section 165, 166, 153)
3.3. General principles of search (section 100)
3.4. Seizure (Section 102)
4. Pre-trial Process: FIR units 5
4.1. F.I.R. (section 154)
4.2. Evidentiary value of F.I.R. (See Sections 145 and 157 of Evidence Act)
5. Pre-trial Process: Magisterial Powers to Take Cognizance units 5
6. Trial Process units 6
1.1. Commencement of proceedings: (Section 200, 201, 202)
1.2. Dismissal of complaints (Section 203, 204)
1.3. Bail: concept, purpose : constitutional overtones
1.3.1. Bailable and Non- Bailable offences (Section 436, 437, 439)
1.3.2. Cancellation of bail (Section 437 (5) )
1.3.3. Anticipatory bail (Section 438)
1.3.4. Appellate bail powers (Section 389(1), 395 (1), 437(5))
1.3.5. General principles concerning bond (Sections 441-450)
7. Fair Trial units 6
7.1. Conception of fair trial
7.2. Presumption of innocence.
7.3. Venue of trial.
7.4. Right of the accused to know the accusation (Section 221-224)
7.5. The right must generally be held in the accused's presence (Section 221-224)
7.6. Right of cross -examination and offering evidence in defence: the accused's
7.7. Right to speedy trial
8. Charge units 6
8.1. Framing of charge
8.2. Form and content of charge (Section 211, 212, 216)
8.3. Separate charges for distinct offence (Section 218, 219, 220,221,223)
8.4. Discharge - pre-charge evidence
9. Preliminary pleas to bar the trial units 6
9.1. Jurisdiction (Section 26, 177-188, 461,462,479)
9.2. Time limitations: rationale and scope (section 468-473)
9.3. Pleas of autrefois acquit and autrefois convict (Section 300, 22D)
9.4. Compounding of offences
10. Trial Before a Court of Sessions: Procedural Steps and Substantive Rights units 5
11. Judgement units 5
11.1. Form and content (Section 354)
11.2. Summary trial
11.3.1 Post-conviction orders in lieu of punishment: emerging penal policy
(Section 360,361, 31)
11.4. Compensation and cost (Section 357, 358)
11.5. Modes of providing judgement (Section 353, 362, 363)
12. Appeal, Review, Revision units 7
12.1. No appeal in certain cases (Section 372, 375, 376)
12.3.1. Supreme Court of India (Sections 374, 379, Articles 31, 132,134,136)
12.3.2. High Court (Section 374)
12.3.3. Sessions court (Section 374)
12.3.4. Special right to appeal (Section 380)
12.3.5. Governmental appeal against sentencing (Section 377, 378)
12.3.6. Judicial power in disposal of appeals (Section 368)
12.4. Revisional jurisdiction (Sections 397-405)
12.5. Transfer of cases (Section 406, 407)
13. Juvenile delinquency units 7
13.1. Nature and magnitude of the problem
13.3. Juvenile court system
13.4. Treatment and rehabilitation of juveniles
13.5. Juveniles and adult crime
13.6. Legislative and judicial protection of juvenile offender
13.7. Juvenile Justice Act 2000
14. Probation units 7
14.1. Probation of offenders law
14.2. The judicial attitude
14.3. Mechanism of probation : standards of probation services.
14.4. Problems and prospects of probation
14.5. The suspended sentence
14.6 The Probation of offenders act, 1958
Retanlal Dhirajlal, Criminal Procedure Code (1999) Universal, Delhi.
Chandrasekharan Pillai ed., Kelkar Lectures on Criminal Procedure (1998) Eastern, Lucknow
Princip's, Commentaries on the Code of Criminal Procedure, 2 vol.(2000) Universal
Woodroffe: Commentaries on Code of Criminal Procedure, 2 vol. (2000) Universal.
Chandrasekharan Pillai (ed.) Kelkar's Outlines of Criminal Procedure (2001), Eastern, Lucknow.
BCI C 10 PROPERTY LAW INCLUDING TRANSFER OF PROPERTY ACT AND EASEMENT ACT
Objectives of the course
The course on property conventionally deals with the Transfer of Property Act 1882. More than a
century has elapsed since the passing of the Act and far-reaching changes have occurred in the
field in property laws owing to altered social conditions. While archaic feudal rules enacted by the colonial administration like the rule against perpetuities find a place in the Act, the post-independence development relating to control and use of agricultural land do not find a place. The obsolescence of the Transfer of Property Act, can be best illustrated by citing the provisions relating to leases onmimmovable properties. The provisions relating to leases under the Act are not applicable to agricultural leases; and even with respect to urban immovable property, the provisions are not applicable to the most dominant type, namely, housing under the rent control legislation. Thus the existing syllabus does not touch upon agrarian property relations, which affect the vast majority of people or aspects relating to intellectual property which are important in the context of development.
The proposed syllabus attempts at overcoming these deficiencies and imbalances.
The following syllabus prepared with this perspective will comprise about 84 units of one-hour
1. Jurisprudential Controls of Property units 5
1.1. Concept and meaning of property.
1.2. Kinds of property
1.3.Possession and ownership as man - property relationship .
2. Law Relating to Transfer of Property units 45
2.1. General principles of transfer of property
5.2. Specific transfers
2.7. Actionable claims
3.. Easements units 6
3.1. Nature, characteristics and extinction
3.2. Creation of easements
4.. Registeration act 1908
4.1. Law relating to registration of documents affecting property relations –
4.2 Exemptions of leases and mortgages in favour of land development bank from registration..
4.3. Place for registering documents relating to land.
5.0.. Indian stamp act 1899
9.4.1. Of the liability of instruments to duty.
9.4.2 Duties by whom payable.
9.4.3. Effect of not duly stamping instruments: Examinbation and impounding of
instruments; inadmissibility on evidence; impounding of instruments.
Mulla, Transfer of Property Act, (1999) Universal, Delhi.
Subbarao, Transfer of Property Act, (1994), C. Subbiah Chetty, Madras
B.Sivaramayya, The equalities and the Law, (1997) Eastern Book Co., Lucknow.
P.C.Sen, The General Principles of Hindu Jurisprudence (1984 reprint) Allahabad Law Agency
B.H.Baden-Powell, Land Systems of British India, Vol.1 to 3. (1892), Oxford.
V.P.Sarathy, Transfer of Property (1995), Eastern, Lucknow.
BCI C 11 LAW OF EVIDENCE
Objectives of the course
The law of evidence, is an indispensable part of both substantive and procedural laws. It imparts
credibility to the adjudicatory process by indicating the degree of veracity to be attributed to 'facts'
before the forum. This paper enables the student to appreciate the concepts and principles
underlying the law of evidence and identify the recognized forms of evidence and its sources. The
subject seeks to impart to the student the skills of examination and appreciation of oral and
documentary evidence in order to find out the truth. The art of examination and cross-examination,
and the shifting nature of burden of proof are crucial topics. The concepts brought in by amendments
to the law of evidence are significant parts of study in this course.
This paper with above-mentioned perspectives in view comprises about 84 units of one-hour
1. Introductory units 6
1.1. The main features of the Indian Evidence Act 1861.
1.2. applicability of Evidence Act
2. Central Conceptions in Law of Evidence units 9
2.1. Facts : section 3 definition: distinction -relevant facts/facts in issue
2.2. Evidence : oral and documentary.
2.3. Circumstantial evidence and direct evidence
2.4. Presumption (Section 4)
2.5. "Proving", "not providing" and "disproving"
2.7. Appreciation of evidence
3. Facts : relevancy units 4
3.1. The Doctrine of res gestae (Section 6,7,8,10)
3.2. Evidence of common intention (Section 10)
3.3. The problems of relevancy of "Otherwise" irrelevant facts (Section 11)
3.4. Relevant facts for proof of custom (Section 13)
3.5. Facts concerning bodies & mental state (Section 14, 15)
4. Admissions and confessions units 20
4.1. General principles concerning admission (Section 17, 23)
4.2. Differences between "admission" and "confession"
4.3. The problems of non-admissibility of confessions caused by "any inducement, threat
or promise' (Section 24)
4.4. Inadmissibility of confession made before a police officer (Section 25)
4.5. Admissibility of custodial confessions (Section 26)
4.6. Admissibility of "information" received from accused person in custody; with special
reference to the problem of discovery based on "joint statement" (Section 27)
4.7. Confession by co-accused (Section 30)
4.8. The problems with the judicial action based on a "retracted confession"
5. Dying Declarations units 4
5.1. The justification for relevance on dying declarations (Section 32)
5.2. The judicial standards for appreciation of evidentiary value of dying declarations.
6. Other Statements by Persons who cannot be called as Witnesses units 4
6.1. General principles.
6.2. Special problems concerning violation of women's rights in marriage in the law of
7. Relevance of Judgments units 4
7.1. General principles
7.2. Admissibility of judgments in civil and criminal matters (Section 43)
7.3. "Fraud" and "Collusion" (Section 44)
8. Expert Testimony units 4
8.1. General principles
8.2. Who is an expert? : types of expert evidence
8.3. Opinion on relationship especially proof of marriage (Section 50)
8.4. The problems of judicial defence to expert testimony.
9. Oral and Documentary Evidence units 5
9.1. General principles concerning oral evidence (Sections 59-60)
9.2. General principles concerning Documentary Evidence (Sections 67-90)
9.3. General Principles Regarding Exclusion of Oral by Documentary Evidence
9.4. Special problems: re-hearing evidence
9.5. Issue estoppel
9.6. Tenancy estoppel (Section 116)
10. Witnesses, Examination and Cross Examination units 8
10.1. Competency to testify (Section 118)
10.2. State privilege (Section 123)
10.3. Professional privilege (Section 126, 127, 128)
10.4. Approval testimony (Section 133)
10.5. General principles of examination and cross examination (Section 135-166)
10.6. Leading questions (Section 141-143)
10.7. Lawful questions in cross-examination (Section 146)
10.8. Compulsion to answer questions put to witness
10.9. Hostile witness (Section 154)
10.10. Impeaching of the standing or credit of witness (Section 155)
11. Burden of Proof unit 8
11.1. The general conception of onus probandi (Section 101)
11.2. General and special exceptions to onus probandi
11.3. The justification of presumption and of the doctrine of judicial notice
11.4. Justification as to presumptions as to certain offences (Section 111A)
11.5. Presumption as to dowry death (Section 113-B)
11.6. The scope of the doctrine of judicial notice (Section 114)
12. Estoppel unit 8
12.1. Why estoppel? The rationale (Section 115)
12.2. Estoppel, res judicata and waiver and presumption
12.3. Estoppel by deed
12.4. Estoppel by conduct
12.5. Equitable and promissory estoppel
12.6. Questions of corroboration (Section 156-157)
12.7. Improper admission and of witness in civil and criminal cases.
Sarkar and Manohar, Sarkar on Evidence (1999), Wadha & Co., Nagpur
Indian Evidence Act, (Amendment up to date)
Rattan Lal, Dhiraj Law: Law of Evidence (1994), Wadhwa, Nagpur
Polein Murphy, Evidence (5th Edn. Reprint 2000), Universal, Delhi.
Albert S.Osborn, The Problem of Proof (First Indian Reprint 1998), Universal, Delhi.
Avtar Singh, Principles of the Law of Evidence (1992), Central Law Agency, New Delhi.
BCI C 12 CIVIL PROCEDURE AND LIMITATION ACT
Objectives of the course
Civil Procedure Code is a subject of daily use by the courts and lawyers and a student cannot
afford to have scant knowledge of civil procedure when he goes out to practise as a lawyer. True
that it is through experience one gets expert knowledge of civil procedure. However, it is necessary
to have good grounding in the subject before one enters the profession. While the substantive law
determines the rights of parties, procedural law sets down the norms for enforcement. Whenever
civil rights of persons are affected by action, judicial decisions will supply the omissions in the law.
The Code of Civil Procedure in India has a chequered history and lays down the details of procedure
for redressal of civil rights. Many questions may prop up when one goes to indicate one's civil
rights. The court where the suit is to be filed, the essential forms and procedure for institution of
suit, the documents in support and against, evidence taking and trial, dimensions of an interim
order, the peculiar nature of the suits, the complexities of executing a decree and provisions for
appeal and revision are all matters which a lawyer for any side is to be familiar with.
A delay in filing the suit, besides indicating the negligence of the plaintiff in effectively agitating the
matter on time, may place courts in a precarious situation. They may not be in a position to
appreciate the evidence correctly. Evidence might have been obliterated. Hence, the statute of
limitation fixes a period within which a case has to be filed.
This paper with the above mentioned perspectives comprises of about 84 units of one hour duration.
1. Introduction units 5
1.1.1. Affidavit, order, judgement, decree, plaint, restitution, execution, decree-holder,
judgment-debter, mesne profits, written statement.
1.1.2. Distinction between decree and judgment and between decree and order.
2. Jurisdiction units 7
2.1.1. Hierarchy of courts
2.2. Suit of civil nature - scope and limits
2.3. Res-subjudice and Resjudicata
2.4. Foreign judgment - enforcement
2.5. Place of suing
2.6. Institution of suit
2.6.1. Parties to suit: joinder, mis-joinder or non-joinder of parties : representative suit.
188.8.131.52. Frame of suit : cause of action
2.6.2. Alternative disputes resolution (ADR)
3. Pleadings units 7
3.1. Rules of pleading, signing and verification.
3.1.1. Alternative pleadings
3.1.2. Construction of pleadings
3.2. Plaint : particulars
3.2.1. Admission, return and rejection
3.4. Written statement : particulars, rules of evidence
3.3.1. Set off and counter claim : distinction
3.4. Discovery, inspection and production of documents.
3.4.2. Privileged documents
4. Appearance, examination and trial units 8
4.2. Ex-parte procedure
4.3. Summary and attendance of witnesses
4.6. Interim orders: commission, arrest or attachment before judgment, injunction and
appointment of receiver
4.7. Interests and costs
5. Execution units 12
5.1. The concept
5.2. General principles
5.3. Power for execution of decrees
5.4. Procedure for execution (ss. 52-54)
5.5. Enforcement, arrest and detection (ss. 55.59)
5.6. Attachment (ss. 60-64)
5.7. Sale (ss.65-97)
5.8. Delivery of property
5.9. Stay of execution
6. Suits in particular cases units 12
6.1. By or against government (ss.79-82)
6.2. By aliens and by or against foreign rulers or ambassadors (ss.83-87A)
6.3. Public nuisance (ss.91-93)
6.4. Suits by or against firm
6.5. Suits in forma pauperis
6.7. Interpleader suits
6.8. Suits relating to public charities
7. Appeals units 8
7.1. Appeals from original decree
7.2. Appeals from appellate decree
7.3. Appeals from orders
7.4. General provisions relating to appeal
7.5. Appeal to the Supreme Court
8. Review, reference and revision units 5
9. Miscellaneous units 4
9.1. Transfer of cases
9.4. Inherent powers of courts
10. Law of Limitation units 14
10.1. The concept - the law assists the vigilant and not those who sleep over the rights.
10.3. Distinction with latches, acquiescence, prescription.
11.4. Extension and suspension of limitation
11.5. Sufficient cause for not filing the proceedings
11.5.2. Mistaken legal advise
11.5.3. Mistaken view of law
11.5.4. Poverty, minority and Purdha
11.5.6. Defective vakalatnama
11.6. Legal liabilities
10.8. Acknowledgement - essential requisites
10.9. Continuing tort and continuing breach of contract.
Mulla, Code of Civil Procedure (1999), Universal, Delhi.
C.K.Thacker, Code of Civil Procedure (2000), Universal, Delhi.
M.R..Mallick(ed.), B.B.Mitra on Limitation Act (1998), Eastern, Lucknow
Majumdar.P.K and Kataria.R.P., Commentary on the Code of Civil Procedure, 1908 (1998),
Saha.A.N., The Code of Civil Procedure (2000), Universal, Delhi.
Sarkar's Law of Civil Procedure, Vols.(2000) Universal, Delhi.
Universal's Code of Civil Procedure, (2000).
BCI C 14 ADMINISTRATIVE LAW
Objectives of the course
The modern state governs in the traditional sense, that is, it maintains law and order, adjudicates
upon disputes and regulates economic and social life of individuals and groups in the state. At the same time it is also the provider of essential services. In the event of need occasioned by unforeseen hazards of life in a complex society, it engages itself in giving relief and helps the citizenry towards self-reliance. The assumption of unprecedented responsibilities by the state has necessitated devolution on authority of numerous state functionaries. The number of functionaries in carrying out these tasks has ever been on the increase due to proliferation of human needs in an age of science and technology. The aggregate of such functionaries is an essential component of modern administration.
A formidable body of law has come into existence for the purpose of exercising control over
administration. For long administrative lawyers have primarily been concerned with such matters
as excess or abuse of power, mal administration and abuse of discretion. However, in recent
years there has been a shift in emphasis from finding what the administration may not do to what
it must do. The courts in India, no doubt, strike down administrative acts which are ultra vires or in violation of procedural norms; however, not much has so far been achieved in compelling the
administration to perform statutory duties, though a beginning has been made in respect of matters relating to fundamental human liberties. Most of the statutory duties imposed on administrative agencies or authorities remain largely in the realm of discretion.
A course on administrative law must, therefore, lay emphasis on understanding the structure and
modus operandi of administration. It must take note of developmental perspectives and attainment of social welfare objectives through bureaucratic process. It should go into matters, which facilitate or hinder the attainment of these objectives.
Though in the matter of protection of rights of individuals against administration the role of courts can not be minimised, it is no less important to know the advantages of informal methods of settlement. Many new methods of grievance redressal have been devised which are not only
efficacious but also inexpensive and less time consuming.
Remedies available for administrative deviance need a critical study and evaluation in the context of realities.
The following syllabus prepared with this perspective will comprise of about 84 units of one hour
1. Evolution, Nature and Scope of Administrative Law units 8
1.1. From a laissez-faire to a social welfare state
1.1.1. State as regulator of private interest
1.1.2. State as provider of services
1.1.3. Other functions of modern state : relief, welfare
1.2. Evolution of administration as the fourth branch of government- necessity for
delegation of powers on administration.
1.3. Evolution of agencies and procedures for settlement of disputes between individual
1.3.1 Regulatory agencies on the United States
1.3.2 Conseil d'Etate
1.3.3 Tribunalization in England and India
1.4. Definition and scope of administrative law
1.5. Relationship between constitutional law and administrative law
1.6. Separation of powers
1.7. Rule of law
2. Civil Service in India units 8
2.1. Nature and organization of civil service: from colonial relics to democratic aspiration
2.2. Powers and functions
2.3. Accountability and responsiveness: problems and perspectives
2.4. Administrative deviance- corruption, nepotism, mal-administration.
3. Legislative Powers of Administration units 8
3.1. Necessity for delegation of legislative power
3.2. Constitutionality of delegated legislation - powers of exclusion and inclusion and
power to modify statute
3.3. Requirements for the validity of delegated legislation
3.3.1. Consultation of affected interests and public participation in rule-making
3.3.2. Publication of delegated legislation
3.4. Administrative directions, circulars and policy statements
3.5. Legislative control of delegated legislation
3.5.1. Laying procedures and their efficacy
3.5.2. Committees on delegated legislation - their constitution, function and effectiveness
3.5.3. Hearings before legislative committees
3.6. Judicial control of delegated legislation
3.7. Sub-delegation of legislative powers
4. Judicial Powers of Administration units 8
4.1. Need for devolution of adjudicatory authority on administration
4.2. Administrative tribunals and other adjudicating authorities : their ad-hoc character
4.3. Tribunals - need, nature, constitution, jurisdiction and procedure
4.4. Jurisdiction of administrative tribunals and other authorities
4.5. Distinction between quasi-judicial and administrative functions
4.6. The right to hearing- essentials of hearing process
4.6.1. No man shall be judge in his own cause
4.6.2. No man shall be condemned unheard
4.7. Rules of evidence - no evidence, some evidence and substantial evidence rules
4.8. Reasoned decisions
4.9. The right to counsel
4.10. Institutional decisions
4.11. Administrative appeals
5. Judicial Control of Administrative Action units 20
5.1. Exhaustion of administrative remedies
5.2. Standing : standing for Public interest litigation (social action litigation) collusion,
5.4. Res judicata
5.5.1. Jurisidictional error/ultra vires
5.5.2. Abuse and non exercise of jurisdiction
5.5.3. Error apparent on the face of the record
5.5.4. Violation of principles of natural justice
5.5.5. Violation of public policy
5.5.7. Legitimate expectation
5.6. Remedies in judicial Review:
5.6.1. Statutory appeals
5.6.6. Habeas Corpus
5.6.7. Declaratory judgments and injunctions
5.6.8. Specific performance and civil suits for compensation
6. Administrative Discretion units 8
6.1. Need for administrative discretion
6.2. Administrative discretion and rule of law
6.3. Limitations on exercise of discretion
6.3.1. Malafide exercise of discretion
6.3.2. Constitutional imperatives and use of discretionary authority
6.3.3. Irrelevant considerations
6.3.4. Non-exercise of discretionary power
7. Liability for Wrongs (Tortious and Contractual) units 8
7.1. Tortious liability: sovereign and non-sovereign functions
7.2. Statutory immunity
7.3. Act of state
7.4. Contractual liability of government
7.5. Government privilege in legal proceedings- state secrets, public interest
7.6. Transparency and right to information
7.7. Estoppel and waiver
8. Corporations and Public Undertakings units 8
8.1. State monopoly- remedies against arbitrary action or for acting against public policy
8.2. Liability of public and private corporations - departmental undertakings
8.3. Legislative and governmental control
8.4. Legal remedies
8.5. Accountability- Committee on Public Undertakings, Estimates Committee, etc.
9. Informal Methods of Settlement of Disputes and Grievance Redressal Procedures
C.K.Allen, Law & Orders (1985)
D.D.Basu, Comparative Administrative Law (1998)
M.A.Fazal, Judicial Control of Administrative Action in India, Pakistan and Bangaladesh (2000),
Butterworths - India
Franks, Report of the Committee on Administrative Tribunals and Inquiries, HMSO, 1959
Peter Cane, An Introduction to Administrative Law (1996) Oxford
Wade, Administrative Law (Seventh Edition, Indian print1997), Universal, Delhi.
J.C.Garner, Administrative Law (1989), Butterworths (ed. B.L. Jones)
M.P.Jain , Cases and Materials on Indian Administrative Law, Vol.I and II (1996), Universal, Delhi.
Jain & Jain, Principles of Administrative Law (1997), Universal, Delhi.
S.P.Sathe, Administrative Law (1998) Butterwroths-India, Delhi
De Smith, Judicial Review of Administrative Action (1995) Swest and Maxwell with Supplement
B. Schwartz, An Introduction to American Administrative Law
Indian Law Institute, Cases and Materials on Administrative Law in India, Vol.I(1996), Delhi.
BCI C 15 COMPANY LAW
Objectives of the course
Industrialisation plays a very vital role in the economic development of India. In the post
Independence era, industrial regulation is employed as a principal means in the strategy for attaining
constitutional values. Companies are no doubt powerful instruments for development. Besides
bringing returns and financial benefits to the capital and labour they help amelioration of the living
conditions of masses. In a developing society like India, vast varieties of consumer goods are
manufactured or produced and different kinds of public utility services are generated both for
general welfare and consumption purposes. Obviously, it is beyond the capacity of one or a few
entrepreneurs to engage into such activities. Because the problem of raising large capital needed
for such enterprises, there is a looming danger of market risks. Hence, taking recourse to the
device of incorporation is the only efficacious way to surmount all such hurdles.
This course is comprises of about 84 units of one-hour duration.
1. Meaning of Corporation
1.1. Theories of corporate personality units 2
1.2. Creation and extinction of corporations.
2. Forms of Corporate and Non-Corporate Organisations units 2
2.1. Corporations, partnerships and other associations of persons, state corporations,
government companies, small scale, co-operative, corporate and joint sectors.
3. Law relating to companies - public and private - Companies Act, 1956
3.1. Need of company for development formation of a company registration and
incorporation. units 3
3.2. Memorandum of association - various clauses - alteration therein -doctrine of ultra
vires. units 4
3.3. Articles of association - binding force - alteration - its relation with memorandum of
association - doctrine of constructive notice and indoor management - exceptions.
3.3.1. Prospectus - issue - contents - liability for misstatements - statement in lieu of
prospectus. units 2
3.4. Promoters - position - duties and liabilities units 2
3.4.1. Shares - general principles of allotment statutory restrictions - share certificate its
objects and effects - transfer of shares - restrictions on transfer - procedure for
transfer - refusal of transfer- role of public finance institutions - relationship between
transferor and transferee - issue of shares at premium and discount - depository
receipts - dematerialised shares(DEMAT) units 2
3.4.2. Shareholder - who can be and who cannot be a shareholder - modes of becoming
a shareholder - calls on shares - forfeiture and surrender of shares - lien on shares.
3.4.3. Share capital - kinds - alteration and reduction of share capital - further issue of
capital - conversion of loans and debentures into capital - duties of courts to protect
the interests of creditors and share holders units 2
3.5. Directors - position - appointment - qualifications - vacation of office - removal -
resignation - powers and duties of directors - meeting, registers, loans - remuneration
of directors - role of nominee directors - compensation for loss of office - managing
directors - compensation for loss of office - managing directors and other managerial
personnel units 15
3.5.1. Meetings - kinds - procedure - voting units 2
3.5.2. Dividends - payment - capitalisation - profit units 2
3.6. Audit and accounts units 1
3.7. Borrowing powers - powers - effect of unauthorised borrowing - charges and
mortgages - loans to other companies - investments - contracts by companies
3.8. Debentures - meaning - fixed and floating charge - kinds of debentures - shareholder
and debenture holder - remedies of debenture holders units 2
3.9. Protection of minority rights units 3
3.10. Protection of oppression and mismanagement - who can apply? - powers of the
company , court and of the central government units 5
3.11. Investigation - powers units 1
3.12. Private companies - nature and advantages - government companies - holding
and subsidiary companies units 6
3.13. Regulation and amalgamation units 2
3.14. Winding up - types - by court -reasons - grounds - who can apply - procedure -
powers of liquidator - powers of court - consequences of winding up order - voluntary
winding up by members and creditors - winding up subject to supervision of courts
- liability of past members - payment of liabilities - preferential payment, unclaimed
dividends - winding up of unregistered company units 6
Avtar Singh, Indian Company Law (1999), Eastern, Lucknow.
L.C.B. Gower, Principles of Modern Company Law (1997) Sweet and Maxwell, London
Palmer, Palmer's Company Law (1987), Stevans, London.
R.R. Pennington, Company Law (1990), Butterworths.
A. Ramaiya, Guide to the Companies Act, (1998), Wadha.
S.M. Shah, Lectures on Company Law (1988), Tripathi, Bombay
BCI C 17 ARBITRATION, CONCILIATION AND ALTERNATE
DISPUTE RESOLUTION SYSTEM
Objectives of the course
The major concern of law is conflict resolution. Familiarization with the modalities and techniques of resolution of conflict is a necessary component in the endeavours of developing expertise in juridical exercise. The traditional justice delivery system through adjudication by courts had already given way to a large extent to many an alternative mode of dispute resolution in the common law countries. The advent of globalisation has enthused this transformation everywhere. The study of ADR is highly significant in moulding the students of law to act as soldiers of justice in the everchanging socio-economic scenario. The course aims to give the students an insight into the processes of arbitration, conciliation and mediation in areas where the traditional judicial system had its sway in the past and in the new areas of conflicts that demand resolution by alternative methods. No doubt, the course has to be taught with comparative and international perspectives with a view to bringing out the essential awareness of the national and international systems emerging at the present context.
This paper with the above-mentioned perspectives comprises about 84 units of one hour duration.
1. Arbitration : meaning, scope and types units 15
1.1.1. 940 law and 1996 law: UNCITRAL model law
1.1.2. Arbitration and conciliation
1.1.3. Arbitration and expert determination
1.2. Extent of judicial intervention
1.3. International commercial arbitration
2. Arbitration agreement units 15
2.3. Who can enter into arbitration agreement
2.5. Reference to arbitration
2.6. Interim measures by court
3. Arbitration Tribunal units 10
3.3. Jurisdiction of arbitral tribunal
3.3.2. Grounds of challenge
3.5. Court assistance
4. Award units 10
4.1. Rules of guidance
4.2. Form and content
4.3. Correction and interpretation
4.4. Grounds of setting aside an award
4.4.1. Can misconduct be a ground?
4.4.2. Incapacity of a party, invalidity of arbitration agreement
4.4.3. Want of proper notice and hearing
4.4.4. Beyond the scope of reference
4.4.5. Contravention of composition and procedure
4.4.6. Breach of confidiality
4.4.7. Impartiality of the arbitrator
4.4.8. Bar of limitation, res judicata
4.4.9. Consent of parties
5. Appeal and revision units 7
6. Enforcement of foreign awards units 7
6.1. New York convention awards
6.2. Geneva convention awards
7. Conciliation units 10
7.1. Distinction between "Conciliation", "negotiation", "mediation", and "arbitration".
7.3. Statements to conciliator
7.4. Interaction between conciliator and parties
7.4.2. Duty of the parties to co-operate
7.4.3. Suggestions by parties
7.5. Resort to judicial proceedings
8. Rule -making power units 5
8.1. High Court
8.2. Central Government
9. Legal Services Authorities Act : Scope units 5
10. Salient Features of various ADR’s
10.1.3 Judicial settlement under sec.89
10.2 Lok Adalat
B.P.Saraf and M.Jhunjhunuwala, Law of Arbitration and Conciliation (2000), Snow white, Mumbai
Gerald R.Williame (ed.), The New Arbitration and Conciliation Law of India, Indian Council of
Arbitration (1998), New Delhi
A.K.Bansal, Law of International Commercial Arbitration (1999) , Universal, Delhi
P.C.Rao & William Sheffield, Alternative Disputes Resolution- What it is and How it works? (1997)
G.K.Kwatra, The Arbitration and Conciliation Law of India (2000), Universal, Delhi
Basu.N.D, Law of Arbitration and Conciliation (9th edition reprint 2000), Universal, Delhi
Johari, Commantary on Arbitration and Conciliation Act 1996 (1999) Universal, Delhi
Markanda.P.C, Law relation to Arbitration and Conciliation (1998) Universal, Delhi
BCI C 18 ENVIRONMENTAL LAW
Objectives of the course
The Environmental law programme, in contrast to other law curricula, has certain characteristics
which make it unique and is one of the best instruments for breaking the ice of colonial legal
education. Its uniqueness lies in the fact that the problems it raises do not relate merely to specific
individuals but about such matters as national development, industrial policy, policies concerning
natural resources, injustice to communities, inter generational equity and prevention of pollution.
All these issues relate to problematic about construction of a just, humane and healthy society.
Secondly, environmental law necessarily demands an inter-disciplinary approach. Thirdly,
uniqueness of the subject is borne out by the new epistemological outlook which ecology-related
knowledge has brought about in recent times. The development of ecological knowledge has
necessitated an overall change not only in managerial studies but also in socio-legal explorations.
This approach to the growing dimensions of environmental law is essential.
This paper with the above- mentioned perspectives comprises of about 84 units of one-hour duration.
1. Concept of environment and Pollution units 4
1.1.1. Meaning and contents
1.2.2. Kinds of pollution
1.2.3. Effects of pollution
2. Legal control: historical perspectives units 4
2.1. Indian tradition : dharma of environment
2.2. British Raj - industrial development and exploitation of nature
2.2.1. Nuisance: penal code and procedural codes
2.3. Free India - continuance of British influence
2.3.1. Old laws and new interpretations
3. Constitutional Perspectives units 15
3.1. Constitution making - development and property oriented approach
3.2. Directive principles
3.2.1. Status, role and interrelationship with fundamental rights and fundamental duties.
3.3. Fundamental Duty
3.3.2. judicial approach
3.4. Fundamental Rights
3.4.1. Rights to clean and healthy environment
3.4.2. Right to education
3.4.3. Right to information
3.4.4. Environment v. Development
3.5. Enforcing agencies and remedies
3.5.3. Constitutional, statutory and judicial remedies
3.6. Emerging principles
3.6.1. Polluter pays: public liability insurance
3.6.2. Precautionary principle
3.6.3. Public trust doctrine
3.6.4. Sustainable development
4. Water and Air Pollution Units 4
4.1. Meaning and standards
4.2. Culprits and victims
4.3. Offences and penalties
4.4. Judicial approach
5. Noise Pollution Units 4
5.1. Legal control
5.6. Court's of balancing : permissible and impermissible noise
6. Environment Protection units 15
6.1. Protection agencies: power and functions
6.2. Protection : means and sanctions
6.3. Emerging protection through delegated legislation
6.3.1. Hazardous waste,
6.3.2. Bio-medical waste
6.3.3. Genetic engineering
6.3.4. Disaster emergency preparedness
6.3.5. Environment impact assessment.
6.3.6. Coastal zone management
6.3.7. Environmental audit and eco mark
6.4. Judiciary : complex problems in administration of environmental justice
7. Town and country planning units 4
7.1. Law : enforcement and constrain
7.3. Planning - management policies
8. Forest and greenery units 10
8.1. Greenery conservation laws
8.1.1. Forest conservation
8.1.2. Conservation agencies
8.1.3. Prior approval and non-forest purpose
8.1.4. Symbiotic relationship and tribal people
8.1.5. Denudation of forest : judicial approach
8.2. Wild life
8.2.1. Sanctuaries and national parks.
8.2.2. Licensing of zoos and parks
8.2.3. State monopoly in the sale of wild life and wild life articles
8.2.4. Offences against wild life.
9. Bio-diversity units 4
9.1 Legal control
9.2 Control of eco-unfriendly experimentation on animals, plants, seeds and micro organism.
10. International regime units 15
10.1. Stockholm conference
10.2. Green house effect and ozone depletion
10.3. Rio conference
10.5. U.N. declaration on right to development.
Aarmin Rosencranz, et al., (eds.,), Environmental Law and Policy in India, (2000), Oxford
R.B.Singh & Suresh Misra, Environmental Law in India (1996), Concept Publishing Co., New
Kailash Thakur, Environmental Protection Law and Policy in India (1997), Deep & Deep publications,
Richard L.Riversz, et.al. (eds.) Environmental Law, the Economy and Sustainable Development
Christopher D.Stone, Should Trees Have Standing and other Essays on Law, Morals and the
Environment (1996), Oceana
Leelakrishnan, P et. al. (eds.), Law and Environment (1990), Eastern, Lucknow
Leelakrishnan, P, The Environmental Law in India (1999), Butterworths-India
Department of Science and Technology, Government of India, Report of the Committee for
Recommending Legislative Measures and Administrative Machinery for Ensuring Environmental
Protection (1980) (Tiwari Committee Report).
Indian Journal of Public Administration, Special Number on Environment and Administration, July-
September 1988, Vol. XXXV, No.3, pp.353-801
Centre for Science and Environment, The State of India's Environment 1982, The State of India's
Environment 1984-85 and The State of Indian Environment 1999-2000.
World Commission on Environment and Development, Our Common Future (1987), Oxford.
BCI C 20 INTERPRETATION OF STATUTES
Objectives of the course
Legislation is the major source of law of the modern era. Legislatures enact laws after much
deliberation. No doubt in this process they have to take into account the present and future needs
of the people. What are the matters to be reckoned with by legislature while enacting laws? With
the emergence of legislation, interpretation of statutes became a method by which judiciary explores
the intention behind the statutes. Judicial interpretation involves construction of words, phrases
and expressions. In their attempt to make the old and existing statutes contextually relevant,
courts used to develop certain rules, doctrines and principles of interpretation. Judiciary plays a
highly creative role in this respect. What are the techniques adopted by courts in construing statutes?
How far are they successful in their strategy?
With the above problems and perspectives in view, this paper comprises of about 84 units of one
1. Principles of Legislation units 19
1.1. Law-making - the legislature, executive and the judiciary
1.2. Principle of utility
1.3. Relevance of John Rawls and Robert Nozick - individual interest to community interest
1.4. Operation of these principles upon legislation
1.5. Distinction between morals and legislation
2. Interpretation of Statutes units 8
2.1. Meaning of the term 'statutes'
2.2. Commencement, operation and repeal of statutes
2.3. Purpose of interpretation of statutes.
3. Aids to Interpretation units 12
3.1. Internal aids
3.1.3. Headings and marginal notes.
3.1.4. Sections and sub-sections
3.1.5. Punctuation marks.
3.1.6. Illustrations, exceptions, provisos and saving clauses
3.1.8. Non-obstante clause.
3.2. External aids
3.2.3. Travaux Preparatiores
3.2.4. Statutes in pari materia
3.2.5. Contemporanea Exposito
3.2.6. Debates, inquiry commission reports and Law Commission reports
4. Rules of Statutory Interpretation units 5
4.1 Primary Rules
4.1.1. Literal rule
4.1.2. Golden rule
4.1.3. Mischief rule (rule in the Heydon's case)
4.1.4. Rule of harmonious construction
4.2. Secondary Rules
4.2.1. Noscitur a sociis
4.2.2. Ejusdem generis
4.2.3. Reddendo singula singulis
5. Presumptions in statutory interpretation units 7
5.1. Statutes are valid
5.2. Statutes are territorial in operation
5.3. Presumption as to jurisdiction
5.4. Presumption against what is inconvenient or absurd
5.5. Presumption against intending injustice
5.6. Presumption against impairing obligations or permitting advantage from one's own
5.7. Prospective operation of statutes
6. Maxims of Statutory Interpretation units 13
6.1. Delegatus non potest delegare
6.2. Expressio unius exclusio alterius
6.3. Generalia specialibus non derogant
6.4. In pari delicto potior est conditio possidentis
6.5. Utres valet potior quam pareat
6.6. Expressum facit cessare tacitum
6.7. In bonam partem
7. Interpretation with reference to the subject matter and purpose units 10
7.1. Restrictive and beneficial construction
7.1.1. Taxing statutes
7.1.2. Penal statutes
7.1.3. Welfare legislation
7.2. Interpretation of substantive and adjunctival statutes
7.3. Interpretation of directory and mandatory provisions
7.4. Interpretation of enabling statutes
7.5. Interpretation of codifying and consolidating statutes
7.6. Interpretation of statutes conferring rights
7.7. Interpretation of statutes conferring powers.
8. Principles of Constitutional Interpretation units 10
8.1. Harmonious construction
8.2. Doctrine of pith and substance
8.3. Colourable legislation
8.4. Ancillary powers
8.5. "Occupied field"
8.6. Residuary power
8.7. Doctrine of repugnancy
G.P.Singh, Principles of Statutory Interpretation, (7th Edition) 1999, Wadhwa, Nagpur.
P. St. Langan (Ed.). Maxwell on The Interpretation of Statutes (1976) N.M.Tripathi, Bombay
K.Shanmukham, N.S.Bindras's Interpretation of Statutes, (1997) The Law Book Co. Allahabad.
V.Sarathi, Interpretation of Statutes, (1984) Eastern, Lucknow
M.P.Jain, Constitutional Law of India, (1994) Wadhwa & Co.
M.P.Singh, (Ed.) V.N.Sukla's Constitution of India, (1994) Eastern, Lucknow.
U.Baxi, Introduction to Justice K.K.Mathew's, Democracy Equality and Freedom (1978) Eastern,Lucknow
BCI 003 TAXATION LAWS
Objectives of the course
Power to tax had been described as the power to destroy. This idea is being floated often whenever
the state introduces a new tax. Is this true? Is it not necessary that in order to raise revenue and
place the economy on solid foundation, the taxing power should be conferred on the state? The
power to tax shall not go unregulated. In the context of a federal structure the distribution of the
taxing powers assumes added significance. Obviously, a study of the constitutional framework on
taxation becomes important. Along with this, an analysis of the different laws enacted in exercise
of these powers with their safeguards and remedies sheds light on the mechanics of the taxation
by the Union and the States.
The following syllabi prepared with this perspective in view comprises of about 84 units of onehour
1. General Perspective units 24
1.1. Fundamental principles relating to tax laws
1.2. Concept of tax:
1.2.1. Nature and characteristics of taxes
1.2.2. Distinction between:
184.108.40.206. Tax and fee
220.127.116.11. Tax and cess
18.104.22.168. Direct and indirect taxes
22.214.171.124. Tax evasion and tax avoidance
1.3. Scope of taxing powers of Parliament, state Legislature and local bodies.
2. Income Tax units 30
2.1. Basic Concepts:
2.1.2. Total income
2.1.3. Income not included in total income
2.1.4. Deemed income
2.1.5. Clubbing of income
2.4. Tax Planning
2.5. Chargeable income
2.5.1. Heads of income
126.96.36.199. Income from house property
188.8.131.52 Income from business or profession
184.108.40.206. Capital gains
220.127.116.11. Income from other sources
2.5.2. Deductions, relief and exemptions
2.5.3. Rate of income tax
2.6. Income Tax Authorities:
2.6.1. Power and functions
2.7. Offences and penal sanctions:
2.8. Settlement of grievances:
2.8.1. Authorities, powers and functions
3. Other Tax Laws units 30
3.1. Wealth Tax
3.1.1. Taxable wealth, determination of value of assets, exemptions and rate of wealth
3.1.2. Wealth tax authorities
3.1.3. Offences and penalties
Remesh Sharma, Supreme Court on Direct Taxes (1998), Bharath Law House, New Delhi.
Sampath Iyengar, Law of Income Tax (1998), Bharath Law House, New Delhi.
Diwan B.K. and Sanjay Mehttani, Formation, Taxation and Assessment Charitablke and Religious
Trusts (1999), Bharath Law House New Delhi
Kanga and Palkiwala, The Law and Practice of Income Tax (1999), Wadha, Nagpur.
K. Parameswaran, Power of Taxation under the Constitution (1987), Eastern, Lucknow
V. Ramachandran & T.A. Ramakrishnan (eds.) A.N.Aiyar's Indian Tax Laws (2000) Company Law
Institute of India Pvt. Ltd. Chennai.
S.Bhattacharya & H.R. Garg, Handbook of Direct Taxes (1990) Eastern Law House, Calcutta.
C.A. Gularickar, Law and Practice of Wealth Tax and Valuation (1998), Gularikar, Mumbay.