KARNATAKA STATE LAW
UNIVERSITY SYLLABUS
COURSES PRESCRIBED FOR 3 YEAR LL. B. DEGREE COURSE
II Semester
Course-I : Contract-II
Course-II : Company Law
Course-III : Property Law
Course-IV : Administrative Law
Course-V : Family Law –II: Mohammedan Law & Indian Succession Act
COURSE-I: CONTRACT-II
Objectives:
In the society wherein
all major ventures are getting corporatised, a law student should acquaint
himself with the knowledge of special contracts apart from equipping himself
with general principles of contract. This law is contained in several
legislations apart from the Indian Contract Act. This course equips the students
to better appreciate the legal services required in a corporate office so that
he can enhance his relevance as a lawyer in society.
Course contents:
UNIT – I
Contract of Indemnity –
Documents/Agreements of Indemnity - Definition, Nature and Scope - Rights of
indemnity holder – Commencement of the indemnifier’s liability – Contract of
Guarantee – Definition, Nature and Scope – Difference between contract of
indemnity and Guarantee – Rights of surety – Discharge of Surety – Extent of
Surety’s liability – Co-surety.
Contract of Bailment –
Definition – Kinds – Duties of Bailer and Bailee – Rights of Finder of goods as
Bailee – Liability towards true owner – Rights to dispose off the goods.
Contract of pledge –
Definition – Comparison with Bailment – Rights and duties of Pawnor and Pawnee
UNIT – II
Agency – Definition –
Creation of Agency – Kinds of Agents – Distinction between Agent and Servant –
Rights and Duties of Agent – Relation of Principal with third parties –
Delegation – Duties and Rights of Agent – Extent of Agents authority – Personal
liability of Agent – Termination of Agency.
UNIT – III
Indian Partnership Act
– Definition –
Nature, Mode of determining the existence of Partnership – Relation of Partner
to one another – Rights and duties of partner – Relation of partners with third
parties – Types of partners – Admission of partners – Retirement – Expulsion –
Dissolution of Firm – Registration of Firms.
UNIT – IV
Sale of Goods Act – The Contract of sale – Conditions
and Warranties – Passing of property – Transfer of title – Performance of the
Contract – Rights of Unpaid Seller against goods – Remedies for Breach of
Contract
UNIT – V
Hire Purchase Act 1972
– Rights and
Obligation of the Hirer and Owner, Form and contents of Hire Purchase
Agreements, Warranties and Conditions - Standard Form of Contracts: Nature,
Advantages – Unilateral Character, Principles of Protection against the
possibility of exploitation – Judicial Approach to such Contracts – Exemption
Clauses – Clash between two standard forms of contracts.
Prescribed Books:
·
Avtar
Singh - Law of Contract
·
J.
P. Verma - The Law of Partnership in India
·
Saharay
H. K - Indian Partnership and Sale of Goods Act
·
Krishnan
Nair - Law of Contract
·
Hire
Purchase Act
Reference Books:
·
Pollock
and Mulla - Indian Contract Act
·
Anson
- Law of Contract
·
Avtar
Singh - Sale of Goods Act
·
Mulla
- Sale of Goods Act
·
S.
D. Singh and S. P. Gupta - Law of Partnership
COURSE-II: COMPANY LAW
Objectives:
The course is designed to
understand the formation, management and other activities of the companies. In
view of the important developments that have taken place in the corporate
sector. Important regulations pertaining to the issue of shares and the capital
raising have come into force. This course aims to impart the students, the
corporate management, control, possible abuses, the remedies and government
regulation of corporate business and winding up of companies.
Course contents:
UNIT – I
The Companies Act, 1956 –
Corporate Personality and its kinds – Promoters – Registration and
Incorporation – M O A
UNIT – II
AOA – Prospectus –
Directors – Meetings – Role of Company Secretary – Dividends; Brief analysis of
corporate ethics.
UNIT – III
Issue of Shares – Types
of Shares – Debentures – Procedure for allotment of shares and debentures –
share capital – Rights and privileges of shareholders – Preventions of
Oppression and Mismanagement – Different modes of winding up of companies.
UNIT - IV
SEBI Act, 1992;
Securities Contracts
(Regulation) Act, 1956 and Rules.
UNIT - V
FEMA Act, 1999;
Competition Act, 2002; Brief introduction to BPO & LPO
Prescribed Books:
·
Taxman’s
Corporate Laws.
·
Avtar
Singh - Company Law.
Reference Books:
·
Ramaiah-
Companies Act, Parts I and II.
·
Shah
- Lectures on Company Law.
·
Taxman’s
Company Law.
·
S.
C. Kuchal- Corporation Finance: Principles and problems.
·
Y.
D. Kulshreshta- Government regulation of financial management of private
corporate sector in India.
·
S.
K. Roy- Corporate Image in India.
·
Gower
- Company Law.
·
Sen
– New Horizons in company law.
·
D.
L. Majumdar- Towards a philosophy of Modern Corporation.
·
Pennington
- Company Law.
·
Rajiv
Jain - Guide on foreign collaboration – Policies & Procedures.
·
C.
Singhania – Foreign collaborations and Investments in India – Law and
procedures.
·
Joyant
M Thakur – Comparative Analysis of FEMA – FEMA Act, 1999 with FERA.
·
Sanjiv
Agarwal - Bharat’s guide to Indian capital.
COURSE-III: PROPERTY LAW
Objectives:
The focus of this course
in on the study of the concept of ‘Property’, the ‘nature of property rights’
and the general principles governing the transfer of property. A detailed study
of the substantive law relating to particular transfers, such as sale,
mortgage, lease, exchange, gift and actionable claims will also be undertaken.
The course also includes an exposure into the concept of trust.
Course contents:
UNIT – I
General principles of
Transfer of Property by Act of parties inter- vivos- Concept and meaning
of immovable property- Transferable Immovable Property- Persons Competent to
transfer - Operation of Transfer- Conditions restraining alienation and
restrictions repugnant to the interest created- rule against perpetuity and
exceptions- Direction for accumulation- Vested and Contingent interest.
UNIT – II
Doctrine of election-
transfer by ostensible and co-owner- Apportionment- Priority of rights- Rent
paid to holder under defective title- Improvements made by bonafide holder-
Doctrine of Lis pendens- Fraudulent transfer and part-performance.
UNIT – III
Mortgages of Immovable
property: Definition- Kinds of mortgages and their features- Rights and
liabilities of mortgagor and mortgagee- Priority of securities- Marshalling and
contribution- Charges.
UNIT – IV
Sale of immovable
property: Rights and liabilities of seller and buyer before and after
completion of sale- Difference between sale and contract for sale; Leases of
immovable property: Definition- Scope- creation of lease- rights and
liabilities of lessor and lessee- Determination and holding over; Exchange:
Definition and mode- Actionable Claims; Gifts: Scope- meaning- mode of
transfer- universal gifts- onerous gifts.
UNIT – V
Law of Trusts with
Fiduciary Relations: Definitions of Trust and its comparison with other
relationships like Debt, Ownership, Bailment, Agency and Contract; Kinds of
Trusts- Creation of Trust- Appointment of Trustees- Duties and Liabilities of
Trustees- Rights and Powers of Trustees- Disabilities of Trustee- Rights and
Liabilities of the Beneficiary- Vacating the office of trustee and Extinction
of Trusts.
Prescribed Books:
·
Mulla
– Transfer of Property Act, 1882.
·
M.
P. Tandon – Indian Trust Act.
Reference Books:
·
Subbarao
– Transfer of Property
·
Shah
– Principles of the Law of Property
·
Shukla
– Transfer of Property Act
·
Menon
– Property Law
·
M.
P. Tandon – Indian Trust Act.
COURSE-IV: ADMINISTRATIVE LAW
Objectives:
One of the perennial
problems of the civilized society is to control the exercise of public power.
Administrative Law is concerned with controlling the misuse of public power, by
laying down general norms of administrative behaviour. This course will deal with
the nature, scope and functions of Administrative Law, the nature and control
of delegated legislative power, regulation of discretionary powers and general
principles of Administrative adjudication. This course further deals with the
role played by courts in the development of Administrative Law. The Focus is on
their role in protecting the rights of individuals against abuse of
administration. In addition adjudicatory powers of the administration and
liability of administrative authorities are also studied in this course.
Course contents:
UNIT – I
Evolution- Nature and
Scope of Administrative Law- Relation with Constitutional Law- Separation of
powers and concepts- Rule of law- Counsil d’ Etate, (French system)
-Classification of Administration Action- functions- Administrative direction
and discretion.
UNIT –II
Legislative power of the
administration- Extent of delegation and control over delegated Legislation-
Sub-delegation- Judicial- Parliamentary control over delegated Legislation.
UNIT - III
Judicial power of
Administration- Nature of procedure- Principles of Natural justice- Effect of
non-compliance with principles of Natural Justice- Exception to principles of
Natural Justice.
UNIT – IV
Judicial control of
Administrative action – Writs, Principles and Procedure - Public Law Review and
Private Law Review of Administration action- Liability of State – Torts,
Contract- Promissory Estoppel-Government Privileges- Right of information-
Doctrine of Legitimate expectation- Doctrine of Accountability- Waiver-
Doctrine of Proportionality.
UNIT –V
Corporations and Public
undertaking- Commission of Enquiry- Ombudsman in India (Lokpal and Lokayuktha)
- Central Vigilance Commission- Parliamentary Committees-Civil services in
India- Accountability and responsibility- Problems and Prospectives-
Administrative deviance- Corruption- Mal-administration- Control mechanism of
Accountability.
Prescribed Books:
·
M.
P. Jain & S. N. Jain - Principles of Administrative Law.
Reference Books:
·
Wade
- Administrative Law.
·
De
Smith - Judicial Review of Administrative Action.
·
S.
P. Sathe - Administrative Law.
·
P.
Massey - Administrative Law
COURSE-V: FAMILY LAW –II: MOHAMMEDAN LAW AND INDIAN
SUCCESSION ACT
Objectives:
The knowledge of family
laws is important for lawyers. This course is designed to endow the students
with knowledge of both the codified and uncodified portions of Mohammedan Law.
The course concerns itself with the sources, schools, institutions, succession,
maintenance, menace of dowry, etc. In addition the students have to familiarize
themselves with the provisions of the Indian Succession Act.
Course contents:
UNIT-I
Development of Islamic
Law: Advent of Islam & development of Muslim Law, Schools of Islamic Law,
the Shariat Act, 1937; Concept of Marriage: Definition, object, nature,
essential requirements of a Muslim marriage, classification of marriage - Legal
effects of valid, void and irregular marriage - Muta marriage; Sources of
Islamic law; Customary practices and State regulation: Polygamy; Child
marriage; Pre-emption; Wakf; Dower.
UNIT-II
Conversion and its
consequences on family: Marriage, Guardianship, Succession; Child and Family:
Legitimacy, Custody, maintenance and education, Guardianship and parental
rights.
UNIT-III
Matrimonial Remedies
under Islamic Law and Indian Divorce Act, 1869(Amended Act) - Nullity of
marriage - Bar to matrimonial relief; Alimony and Maintenance: Alimony and
Maintenance as an independent remedy- A review under Muslim law, Indian Divorce
Act,1869, provisions under the Criminal Procedure Code, 1973;
Maintenance of divorced Muslim Women under the Muslim Women (Protection of
Rights on Divorce) Act, 1986.
UNIT-IV
Will and Inheritance: Will-Meaning, difference between will
and gift, Will made in death bed or during illness; Muslim law of Inheritance-
Shia and Sunni schools; Distribution of property under Indian Succession Act of
1925(Of Christians, Parsis and Jews)- Domicile - Parsis Intestate succession
and Non Parsis Intestate succession, Succession certificate, Probate and
letters of administration, powers and duties of executor.
UNIT-V
Wills – Privileged and
unprivileged wills - Construction of Wills in brief - Void bequests, void
wills, kinds of legacies - Protection of property of the deceased; Family
Courts Act, 1984- Constitution, powers, and its functions; Need for Uniform
Civil Code- Article 44 of Indian Constitution.
Prescribed Books:
·
Mulla
- Principles of Mohammedan Law.
·
Paras
Diwan - Law of Intestate and Testamentary Succession.
Reference Books:
·
B.
B. Mitra - Indian Succession Act, 1925.
·
A.
A Fyzee - Outlines of Mohammedan Law.
·
D.
D. Basu - Law of Succession.
·
Paras
Diwan - Family Law: Law of Marriage and Divorce in India.
·
M.
Bhattachargee - Muslim Law and the Constitution.
·
Tahir
Mohamood - Mohammedan Law.
·
Indian
Divorce Act, 1869 – Bare Act
Ref:
The
above informations are obtained from KSLU Website, http://www.kslu.ac.in
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