The Maharaja Sayajirao University Of

Baroda
LL.B.(Gen.)
I
CONSTITUTIONAL LAW - I
I
LAW1106

YEAR
SEMESTER

ACADEMIC YEAR
2014-2015

Constitution is the basic legal document of our country. This course gives an insight into the historical
perspective of the drafting of the Indian Constitution. Further it is also devoted to a detailed analysis of the
Fundamental Rights and Freedoms guaranteed by Part III and complemented by the Directive Principles of
State Policy. The chapter of Fundamental Duties is also to be studied in this course and an effort is made to
articulate the basic values which the Indian Constitution has identified.

OBJECTIVES:

COURSE CONTENT/SYLLABUS
Nature of Indian Constitution
Preamble of Indian Constitution
Salient feature of Indian Constitution
Equality and Social Justice (Art 14 to 18)
Freedom and social control (Art -19)
Personal Liberty (Art 20 to 22)
Secularism (Art 25 to 28)
Cultural and educational rights (art 29 and 30)
Prohibition of traffic in human beings and forced labour (Article 23)
Prohibition of employment of children in factories (Article 24)
Directive principles of State Policy
Fundamental duties
Citizenship

CHAPTER 1
CHAPTER 2
CHAPTER 3
CHAPTER 4
CHAPTER 5
CHAPTER 6
CHAPTER 7
CHAPTER 8
CHAPTER 9
CHAPTER 10
CHAPTER 11
CHAPTER 12
CHAPTER 13

REFRENCES
Constitutional Law of India, Dr. J.N. Pandey, 50th Edition. Central Law Agency
Indian Constitutional Law, Prof. M. P. Jain, 5th Edition,2009, LexisNexis Butterworths Wadhwa,
Nagpur
Indian Constitutional Law, Dr. D.D. Basu
Indian Constitutional Law, H.M. Seervai 4th Edition, Volume 1 Universal Law Publishing
Company

CHAPTER 3

CHAPTER 4

CHAPTER 5

REFERENCES
1
2
3
4
5
6
7
8
9

Beatsen (ed.), Ansons Law of Contract (27 th ed. 1998)

P.S. Atiya, Introduction to the Law of Contract
Avtar Singh, Law of Contract (2000) Eastern, Lucknow
G. C. Cheshire, and H. S. Fifoot and M. P. Furmston, Law of Contract (1992) ELBS
M. Krishnan Nair, Law of Contract (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), Tripathi
Banerjee, S. C. Law of Specific Relief (1998), Universal
Anson, Law of Contract (2000) Universal

The Maharaja Sayajirao University Of Baroda

Faculty Of Law

ACADEMIC YEAR
2014-2015

LL.B.(Gen.)

YEAR
SEMESTER

OBJECTIVES:
CHAPTER 1

I
I

Contract II
LAW1106

This course emphasis on special contracts and the

intricacies therein. This course also provides an insight
into the justification to special statutory provisions for
certain kinds of contracts.
COURSE CONTENT/SYLLABUS
Guarantee
1.1 The concept.
1.2. Definition of guarantee: as distinguished from indemnity.

1.3. Basic essentials for a valid guarantee contract.

1.4. The place of consideration and the criteria for
1.5. Position of minor and validity of guarantee when minor is the principal debtor, creditor or surety.
1.6. Continuing guarantee.
1.6.1. Nature of surety's liability
1.6.2. Duration and termination of such liability
1.7. Illustrative situations of existence of continuing
1.7.1 Creation and identification of continuing guarantees.
1.8. Letters of credit and bank guarantees as instances of guarantee transactions
1.9.
Rights of surety:
1.9.1.
Position of surety in the eye of law
1.9.2.
Various judicial interpretations to protect the surety.
1.10.
Co-surety and manner of sharing liabilities and rights.
1.11.
Extent of surety's liability.
1.12.
Discharge of surety's liability.

CHAPTER 2

Bailment
2.1. Identification of bailment contracts in day today life.
2.1.1. Manner of creation of such contracts
2.2. Commercial utility of bailment contracts
2.3. Definition of bailment
2.4. Kinds of bailees
2.5. Duties of Bailor and Bailee towards each other
2.6. Rights of bailor and bailee
2.7. Finder of goods as a bailee.
2.7.1. Liability towards the true owner.
2.7.2. Obligation to keep the goods safe
2.7.3. Right to dispose off the goods.

CHAPTER 3

Pledge
3.1. Pledge: comparison with bailment
3.2. Commercial utility of pledge transactions
3.3. Definition of pledge under the Indian contract Act
3.4. Other statutory regulations(State & Centre) regarding pledge, reasons for the same
3.5. Rights of the pawner and pawnee.
3.5.1. Pownee's right of sale as compared to that of an ordinary bailee
3.6. Pledge by certain specified persons mentioned in the Indian Contract Act.

CHAPTER 4

Agency
4.1
world
4.2.
4.2.1.
4.3.
4.4.
4.5.
4.6.
4.7.
4.8.
4.9.
4.10.
4.11.
4.11.1.

Identification of different kinds of agency transactions in day to day life in the commercial
Kinds of agents and agencies.
Distinction between agent and servant.
Essentials of a agency transaction
Various methods of creation of agency
Delegation
Duties and rights of agent
Scope and extent of agent's authority.
Liability of the principal for acts of the agent including misconduct and tort of the agent
Liability of the agent towards the principal.
Personal liability towards the parties
Methods of termination of agency contract
Liability of the principal and agent before and after such termination.

CHAPTER 5

Sale of Goods
5.1.
Concept of sale as a contract
5.2.
Illustrative instances of sale of goods and the nature of such contracts.
5.3.
Essentials of contract of sale
5.4.
Essential conditions in every contract of sale
5.5.
Implied terms in contract of sale
5.6.
The rule of caveat emptor and the exceptions thereto under the Sale of Goods Act.
5.7.
Changing concept of caveat emptor
5.8.
Effect and meaning of implied warranties in a sale
5.9.
Transfer of title and passing of risk
5.10.
Delivery of goods: various rules regarding delivery of goods.
5.11.
Unpaid seller and his rights
5.12.
Remedies for breach of contract

CHAPTER 6

Partnership
6.1.
Nature of partnership: definition
6.2.
Distinct advantages and disadvantages vis-a-vis partnership and private limited company
6.3.
Mutual relationship between partners
6.4.
Authority of partners
6.5.
Admission of partners.
6.6.
Outgoing of partners.
6.7.
Registration of Partnership
6.8.
Dissolution of Partnership

CHAPTER 7

Negotiable Instruments
7. 1.
The concept
7.2.
Various kinds
7.3.
Essential requirements to make an instrument negotiable.
7.4.
Competent parties for making and negotiation
7.5.
Acceptance of the instrument.
7.6.
Dishonour by non acceptance and remedies available to the holder
7.7.
Holder and holder in due course; meaning, essential conditions rights and privileges of
holder
in
course
and indorsee
from the holder in due course.
7.8.
Negotiation
of the instrument.
7.9.
Presentment of the instrument.
7.10.
Cheques: rules regarding payment of cheque
7.10.1. Liability of the collecting banker and paying banker.
7.10.2. Dishonour of cheque and its effect.
7.10.3. Discharge from liability
7.11.
Kinds of bills
7.12.
Evidence
7.12.1. Special rules of evidence regarding negotiable instruments
REFERENCES

1
2
3
4
5

R.K.Abhichandani (ed.), Pollock and Mulla on Contracts and Specific Relief Acts (1999) Tripathi,
Bombay
Avtar Singh, Contract Act (2000), Eastern, Lucknow.
UGC
Model
Curriculum
Krishnan
Nair,
Law of Contract,^ 999) Orient
Aviar
Principles
of the Law
of Goods
Hire&Purchase
Eastern,
Lucknow
A. G. Singh,
Guest (ed.),
Benjamin's
SaleofofSale
Goods
(1992),and
Sweet
Maxwell. (1998),
Bhashyam
and Adiga,
The
J.P.Verma
(ed.),
Singh
and
Gupta,
The
Law
of
Partnership
in
India
(1999),
Orient
Law
House,
New
Negotiable Instruments ,4cf (1995), Bharath, Allahabad M.S.Parthasarathy (ed.}, J. S. Khergamvala,

The Maharaja Sayajirao University Of Baroda

Faculty Of Law
LL.B.(Gen.)

YEAR
SEMESTER

I
I

ACADEMIC YEAR
2014-2015

CONTRACT I
LAW1106

OBJECTIVES:

Every man in his day to day life from dawn to dusk makes a
variety of contracts. This course is designed to acquaint the
students with the conceptual and operational parameters of
various general principles of contractual relations.

CHAPTER 1

Nature of contract

CHAPTER 2

offer and acceptance

CHAPTER 3

consideration

CHAPTER 4

Capacity to contract

CHAPTER 5

Free consent

CHAPTER 6

Legality of object

CHAPTER 7

Void agreements

CHAPTER 8

Contingent contract

CHAPTER 9

Performance of contract

CHAPTER 10

Discharge of contract

CHAPTER 8

Remedies for the breach of contract

CHAPTER 9

Quasi contract

CHAPTER 10

Specific relief Act, 1963

COURSE CONTENT/SYLLABUS

Refrences
Beatsen (ed.), Ansons Law of Contract (27 th 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 Butterworth
M. Krishnan Nair, Law of Contract (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 (2000) Universal

The Maharaja Sayajirao University Of Baroda

Faculty Of Law
LL.B.(GEN)

YEAR
SEMESTER

OBJECTIVES:

I
I

LAW OF CRIMES
LAW4104
The Indian society has changed very rapidly since Independence. A
proper understanding of crimes, methods of controlling them and
socio-economic and political reasons for their existence is very
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 outliner here attempts to bring in this new
perspectives.

CHAPTER 1

COURSE CONTENT/SYLLABUS
Brief historical background of criminal law

CHAPTER 2

Constituting elements of crime

CHAPTER 3

General explanation

3.1 Man Women (S,10)

3.2 Judge (S.19)
3.3 Public servant (S.21)
3.4 Wrongful gain Wrongful loss (S.23)
3.5 Dishonestly (S.24)
3.6 Fraudulently (S.25)
3.7 Voluntarily (S.39)
3.8 Injury (S.44)
3.9 Good faith (S.52)
CHAPTER 4

Theories of punishment and concept of capital punishment

CHAPTER 5

Provisions relating to punishments (S.52 to 75)

CHAPTER 6

Law relating to join offenders (S.34 to 38)

CHAPTER 7

General exceptions (S.76 to 95)

CHAPTER 8

Right to private defense (S.96 to 106)

CHAPTER 9

Abetment (S.107 to 120)

CHAPTER 10 Criminal conspiracy (S.120A, 120B)

CHAPTER 11 Offences against state (S.121 to 130)
CHAPTER 12 Offences against Public tranquility (S.141 to 160)
CHAPTER 13 False evidence and offences against public justice (S.191 to 193)
CHAPTER 14 Offences affecting to public health, safely ,decency and morals
CHAPTER 15 Offences relating to religion (S.295 to 298)

ACADEMIC YEAR
2014-2015

CHAPTER 16 Offences affecting the human body

16.1 Culpable homicide (S.299)

16.2 Murder (S.300 to 304)
16.3 Causing death by negligence (S.304A)
16.4 Hurt grievous hurt (S.319 to 325)
16.5 Wrongful restraint wrongful confinement (S.339 to 348)
16.6 Kidnapping abduction (S.359 to 366)
16.7 Rape (S.375 to 376)
CHAPTER 17 Offences against property

17.1 Theft (S. 378 to 382)

17.2 Extortion (S.383 to 389)
17.3 Robbery (S.390)
17.4 Criminal breach of trust and criminal misappropriation (S.405 to 409)
17.5 Cheating (S.415 to 420)
17.6 Trespass (S.441 to 456)
CHAPTER 18 Forgery (S.463 to 465,477A)
CHAPTER 19 Offences relating to marriage
19.1 Bigamy (S.494 and 495)
19.2 Adultery (S.497)
19.3 Cruelty (S.498A)
CHAPTER 20 Defamation (499 and 500)
CHAPTER 21 Criminal intimidation, insult (S.503 to 505,509)

References

1 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),
2 P.S.Achuthan
Pillai,
Criminal
Lawand
(1995)
Eastern,
Lucknow.
Hidayathullah.M.,
et.al.,
Ratanlal
Dhirajlal
The Indian
Penal Code (1994 reprint), Wadhwa & Co.,
3 Nagpur.
4 B.M.Gandhi, Indian Penal Code (1996), Eastern, Nagpur

The Maharaja Sayajirao University Of Baroda

Faculty Of Law
B.A. LL.B.(Gen.)

YEAR
SEMESTER

OBJECTIVES:
CHAPTER 1
CHAPTER 2
CHAPTER 3
CHAPTER 4
CHAPTER 5
CHAPTER 6
CHAPTER 7
CHAPTER 8
CHAPTER 9
CHAPTER 10
CHAPTER 11
CHAPTER 12
CHAPTER 13
CHAPTER 14
CHAPTER 15
CHAPTER 16

I
I

TORT
LAW4103

The Law of Civil Liability has been traditionally understood as the law of wrongs against individuals
However with rapid industrialization, advances in science and technology, globalization and the abs
security, tort litigation has assumed greater significance for the Reddressal of wrongs committed by
multinational corporations, manufacturers and government monopolies,. This course examines the
its complexity. Tort liability arising from specific legislation such as Motor Vehicle Act, Consumer Pr
is taught in this subject
COURSE CONTENT/SYLLABUS
General Principles
-Definition
of torts,of
nature,
Essential elements
tort characteristics of torts and
Capacity to sue who cannot sue and cannot be sued
Defenses in an action for torts
Discharge
of Torts
Vicarious
liability
(liability for the wrongs committed by
others)
Remedies in an action for tort
- Judicial remedies
Trespass
to person viz. Damages, injunction and specific
-Wrongs
Assault,affecting
Battery,reputation
false imprisonment
- Defamation,
Slander,property
Defences available
Torts
relating Libel,
to immovable
-Torts
Trespass,
trespass
ab
ignition,
dispossession,
relating to movable property
-Negligence
Trespass to goods, detection, conversion
Duty of care,
standard
care, essentials,
Torts of- malicious
abuses
of legalofprocess
Wrong of strict and absolute liability
Liability for animal and chattels
Death in relation to tort
Interference with contractual business

Consumer Protection Act, 1986

TORT & CONSUMER PROTECTION LAWS
Nature and definition of tort
Essentials of torts
General defences
Who can sue who can be sued? (Capacity)
Vicarious liability
Defamation
Nuisance
Negligence
Rules of strict liability and absolute liability
Trespass to land
Damages
Remedies for an action of torts
Consumer Protection Act 1986

Refrences

Salmond and Heuston On the Law of Torts (2000) Universal, Delhi.

R. K. Bangia on Law of Torts