LLB | SEM 3
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LLB | SEM 3
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SEM 3 – Jurisprudence
Unit I - Introduction
• 1.1 Nature, Scope, Content and Utility of Jurisprudence
• 1.2 Purpose of Law
• 1.3 Indian Concept of Dharma
Unit II - Schools of Jurisprudence
• 2.1 Analytical School
◦ 2.1.1 Bentham's views on 'Law' and Legal Positivism
◦ 2.1.2 Austin's Analytical Positivism
◦ 2.1.3 Hart's views on Law and morality
◦ 2.1.4 Kelson's theory of Pure Science of Law
◦ 2.1.5 Analytical Positivism – Indian Perspective
• 2.2 Historical School
◦ 2.2.1 Savigny's theory
◦ 2.2.2 Sir Henry Maine's theory
◦ 2.2.3 Indian Perspective
Unit III - Theories and Schools of Jurisprudence
• 3.1 Natural Law Theory
◦ 3.1.1 Characteristics of Natural Law Theory
◦ 3.1.2 Historical Evolution
◦ 3.1.3 Critical Appraisal of Natural Law Theory
• 3.2 Sociological School
◦ 3.2.1 Developmental stages of Sociological Jurisprudence
◦ 3.2.2 Exponents of Sociological Jurisprudence
◦ 3.2.3 Roscoe Pound's theory of Social Engineering
◦ 3.2.4 Social Justice – Indian Perspective
• 3.3 Realist School
◦ 3.3.1 Basic features of Realist school
◦ 3.3.2 Scandinavian Legal Realism
◦ 3.3.3 Realism in the Indian Context
Unit IV - Administration of Justice
• 4.1 Concept of Justice
◦ 4.1.1 Civil and Criminal Justice
◦ 4.1.2 Advantages and Disadvantages of Administration of Justice
• 4.2 Theories of Punishment
• 4.3 Forms of Punishment
• 4.4 Administration of Social Justice
Unit V - Sources of Law
• 5.1 Custom as a source of Law
◦ 5.1.1 Meaning, Kinds of Custom
◦ 5.1.2 Requisites of a valid custom
• 5.2 Legislation as a source of Law
◦ 5.2.1 Meaning, Kinds of Legislation
◦ 5.2.2 Interpretation, Kinds of Interpretation
◦ 5.2.3 General rules of Interpretation
• 5.3 Precedent as a source of Law
◦ 5.3.1 Nature of Precedent, Kinds of Precedent
◦ 5.3.2 Ratio decidendi, Obiter dicta, Doctrine of stare decisis, over ruling
• 5.4 Other Sources of Law
◦ 5.4.1 Religion, Digests, Equity
Unit VI - Judicial Concepts and Jural Analysis
• 6.1 Legal Rights and Duties
◦ 6.1.1 Classification of Rights and Duties
◦ 6.1.2 Theories of Legal Rights, Essential elements of Legal Right
◦ 6.1.3 Legal Rights and other related concepts
• 6.2 Possession
◦ 6.2.1 Nature and meaning of Possession, Elements of Possession
◦ 6.2.2 Kinds of Possession, Mode of Acquisition of Possession
• 6.3 Ownership
◦ 6.3.1 Legal Incidents of Ownership, Kinds of Ownership
◦ 6.3.2 Subject matter of Ownership, Ownership and Ancient Indian Law
◦ 6.3.3 Mode of Acquisition of Ownership
• 6.4 Legal Personality
◦ 6.4.1 Definition of Legal Person, status of Unborn Person
◦ 6.4.2 Status of Dead Man, Status of Animals, Corporate Personality
• 6.5 Liability
◦ 6.5.1 Kinds of Liability
◦ 6.5.2 Liability
Unit 1 — The Gujarat Land Revenue Code
• 1.1 Definitions
• 1.2 Constitution and power of Revenue Officers
• 1.3 Section 4, 7, 7A, 8, 8A, 9, 10, 12, 12A, 17
• 1.4 Land and Land Revenue — Section 37, 37A, 38, 39, 39A, 40, 41, 42, 43, 44, 45 to 52, 55, 56, 57
Unit 2 — Of the Grant, Use and Relinquishment of Unalienated Land (The Gujarat Land Revenue Code)
• 2.1 Section 60, 61, 62, 65, 65A, 65B, 66, 67, 69, 69A
Unit 3 — The Gujarat Land Revenue Code
• 3.1 Section 73, 73A, 73AA, 73AB, 73AC, 73AD, 73B, 79A
• 3.2 Records of Rights: 135A to 135L
• 3.3 Procedure of Revenue Officers: Section 188 to 202
• 3.4 Appeals and Revision — Section 203 to 211
Unit 4 — The Gujarat Tenancy & Agricultural Lands Act, 1948
• 4.1 History, Introduction, Needs
• 4.2 Definitions, Persons to be tenants, Protected Tenants, Ceiling Area, Economic Holding, Irrigated Land, Rents and its Maximum and Minimum
• 4.3 Section 9, 9A, 9B, 9C, 10, 10A — Suspension or Remission of Rent, Termination of Tenancy for default of tenant, Surrender of tenancy
Unit 5 — The Gujarat Tenancy & Agricultural Lands Act, 1948
• 5.1 Bar to eviction from Dwelling House, Tenants Rights to trees planted by him, Tenant rights to produce naturally growing grass, Termination of Tenancy for personal cultivation and Non Agricultural uses/purposes — Section 31 to 31D, Transfer of Non Agriculturist Barred
• 5.2 Construction of water course through land belonging to other person (Chapter VA)
• 5.3 Appeal and Revision, Revision Power of collector, Limitations, Disposal of land transfers or acquisition of which is invalid
Unit 6 — The Right to Fair Compensation and Transparency Land Acquisition, Rehabilitation and Resettlement Act, 2013
• 6.1 Purposes, Need, Applicability of Act
• 6.2 Definitions
• 6.3 Determination of Social Impact and Public Purpose (Section 4)
• 6.4 Public Hearing for Social Impact (Section 5)
• 6.5 Publication of Social Impact (Section 6), Appraisal of Social Impact Assessment Report by an Expert Group
• 6.6 Publication of Preliminary Notification and Acquisition (Section 11 to 30), Reference & establishment authority
• 6.7 Rehabilitation and Resettlement Award (Section 31 to 42)
• 6.8 Procedure and Manner of Rehabilitation and Resettlement (Section 43 to 47)
• 6.1.1 The Gujarat Prevention of Fragmentation and Consolidation of Holding Act, 1947:
◦ 6.1.2 Object
◦ 6.1.3 Definitions
◦ 6.1.4 Determination of Local areas
◦ 6.1.5 Settlement of and determination of Standard areas — Sections 6 to 14
◦ 6.1.6 Scheme of Consolidation of holdings — Section 15 to 30
Unit 1 — Muslim Personal Law
• 1.1 Introduction
• 1.2 Who is Muslim? Application of Muslim Law
• 1.3 Schools of Muslim Law
• 1.4 Sources of Muslim Law
• 1.5 Marriage
Unit 2 — Muslim Law
• 2.1 Mahr (Dower)
• 2.2 Dissolution of Marriage (Nikah) and Matrimonial reliefs
• 2.3 Parentage — Illegitimate and Legitimate Children
• 2.4 Guardian-ship and Hizanat
• 2.5 Maintenance
Unit 3 — Muslim Law
• 3.1 Hiba (Gift) and Marz-Ul-Maut Gift and Acknowledgment
• 3.2 Succession
◦ (a) General Principles
◦ (b) Principles of Succession
◦ (c) Doctrine of representation and stripital Succession
◦ (d) Doctrine of Aul and Radd
• 3.3 Shuffa (Pre-Emption)
• 3.4 Wasiyat (Will)
• 3.5 Waqf
Unit 4 — Indian Succession Act 1925 (with latest Amendments)
• 4.1 Object of the Act
• 4.2 Domicile
• 4.3 Wills and Codicils
• 4.4 To make Will — Fraud, Coercion
• 4.5 Execution of Unprivileged Will
• 4.6 Execution of Privileged Will
• 4.7 Attestation, Revocation, Alteration and Revival of Will
• 4.8 Construction of Wills
• 4.9 Void Bequests
• 4.10 Onerous Bequests
• 4.11 Condition Bequests
• 4.12 Contingent Bequests
• 4.13 Specific Legacies
• 4.14 Demonstrative Legalese
• 4.15 Ad Emption of Legacies
• 4.16 Gifts in contemplation of death
Unit 5 — Indian Divorce Act 1869 (with latest Amendment)
• 5.1 Object of the Act
• 5.2 Dissolution of Marriage
• 5.3 Nullity of Marriage
• 5.4 Judicial Separation
• 5.5 Reversal of Decree of separation
• 5.6 Protection of Orders
• 5.7 Restitution of conjugal rights
• 5.8 Damages and Costs
• 5.9 Alimony
• 5.10 Settlements
• 5.11 Custody of Children
• 5.12 Liberties to Parties to marry again (Remarriage)
Unit 6 — Personal Laws Governing to Parsees and Christians
• 6.1 Object of the Act
• 6.2 Parsi Marriage and Divorce Act 1936 (Amendment 1988)
• 6.3 Civil Marriage (Special Marriage Act 1954)
• 6.4 Article 44 of the Indian Constitution (Uniform Civil Code)
• 6.5 Remedies available to the parties
UNIT-I — The Minimum Wages Act 1948 (with latest Amendments)
• 1.1 Object of the Act
• 1.2 Constitutional Validity
• 1.3 National Minimum Wages
• 1.4 Enforcement of Minimum Wages
• 1.5 Important Features of the Act
• 1.6 Interpretations (Section 2)
• 1.7 The Schedule I and II
UNIT-II — Industrial Dispute Act, 1947 (with latest Amendments)
• 2.1 Preliminary
• 2.2 Authorities under this Acts
• 2.3 Notice of Change
• 2.4 References of certain individual disputes to grievance
• 2.5 Settlement authorities
• 2.6 References of disputes to boards, courts or tribunals
UNIT-III — Industrial Dispute Act, 1947 (with latest Amendments)
• 3.1 Procedure, Powers and duties of Authorities
• 3.2 Strikes and Lock-outs
• 3.3 Lay-off and retrenchment
• 3.4 Special provisions relating to lay-off, retrenchment and closure in certain establishment
• 3.5 Unfair Labour practices
• 3.6 Penalties
• 3.7 Miscellaneous
• 3.8 Schedules I to V
UNIT-IV — Instruments of Economic Coercion
• 4.1 Concept of strike
• 4.2 Gherao
• 4.3 Bandh and Lock-Out
• 4.4 Types of strike
• 4.5 Rights to strike and Lock Out
• 4.6 General Prohibition of strike and Lock-outs
• 4.7 Prohibition of strike and Lock-outs in public utility services
• 4.8 Illegal strike and Lock-Outs
• 4.9 Justification of Strike and Lock-Outs
• 4.10 Penalties for illegal strikes and Lock-Outs
• 4.11 Wages for strike and Lock-Outs
• 4.12 Lay-Off — Definition of lay-off and Retrenchment
• 4.13 Retrenchment — precedent for retrenchment, Procedure for Retrenchment and re-employment of retrenched workmen and penalty
• 4.14 Transfer and Closure
• 4.15 Compensation — Compensation to Workmen in case of transfer of undertaking closure
• 4.16 Closure — prevention and regulation, Conditions
• 4.17 Disciplinary action and domestic enquiry — Management's prerogative during the pendency of proceedings, Notice of change
UNIT-V — Trade Union Act 1926 (with latest Amendments)
• 5.1 Preliminary
• 5.2 Registration of Trade Unions
• 5.3 Rights and liabilities of registered Trade Unions
• 5.4 Regulations Penalties and procedure
• 5.5 The Employees Standing Order Act 1946 (with latest Amendments) and Collective Bargaining, Disciplinary Proceedings
UNIT-VI — Labour Related Acts
• 6.1 The Bonded Labour (Regulation and Abolition) Act 1976 (with latest Amendments)
• 6.2 Contract Labour (Abolition and Regulation) Act 1970 (with latest Amendments)
• 6.3 Child Labour (Prohibition and Regulation) Act 1986 (with latest Amendments)