Semester 1 LLB (24-25) Past Paper PDF
Document Details
Uploaded by GracefulFlashback
Tags
Summary
This document is a collection of past papers for an LLB (Bachelor of Laws) semester 1 course. It covers various legal topics, including Jurisprudence, Constitutional Law, Contract Law, and optional Human Rights Law. The specific years are not identified in the text snippets
Full Transcript
# Paper I ## Jurisprudence.. 80 Marks ### Legal Theory and Concepts of Law 1. Definition, Nature, scope and utility of Jurisprudence. 2. Nature of Law- General. 3. Administration of Justice, Necessity, Criminal Justice and its Purpose, Civil Justice and its Purpose, primary and sanctioning Rights...
# Paper I ## Jurisprudence.. 80 Marks ### Legal Theory and Concepts of Law 1. Definition, Nature, scope and utility of Jurisprudence. 2. Nature of Law- General. 3. Administration of Justice, Necessity, Criminal Justice and its Purpose, Civil Justice and its Purpose, primary and sanctioning Rights. 4. Source of Law - General. * Legislation- a source of law, nature, supreme legislation, subordinate legislation, its relation with other sources. * Precedent- a source of Law, meaning, theories, doctrine of stare decisis in India, power of the Supreme Court under Art.141 of the Constitution, Circumstances destroying or weakening the binding force of precedent, ratio decidendi and obiter dicta, with relevant Indian case law. * Custom- a source of law, definition, characteristics of customs. 5. Natural Law Theory. 6. Positive Theory of Law. * Analytical school and imperative theory * Pure theory of Law. * Law as set of rules - H.L.A. Hart. 7. Schools of Law 8. Persons, the concept of legal personality, legal status of lower animals, dead men, unborn person, corporations and the state. 9. Legal definition- wrongs, duties, rights, characteristics of legal rights, legal rights in wider sense [Hohfeldian analysis of legal rights] kinds of legal rights. 10. Ownership, definition, characteristics of ownership, subject matter, kinds of ownership. 11. Possession, idea, kinds, modes of acquiring possession, possession and ownership, possessory remedies. 12. Property, meaning, kinds, theories, modes of acquiring property. 13. Liability, nature and kinds, theory of remedial liability, theory of penal liability, negligence, theory of strict liability, vicarious liability, measures of civil and criminal liability. ### Recommended Books and Reading 1. Dr. B.N.M.Tripathy Jurisprudence. 2. N.V. Paranjpe, Jurisprudence. 3. Fitzgerald P.J., Salmond on Jurisprudence. 4. Dias, Jurisprudence. 5. Mahajan V.D., J Jurisprudence. and legal theory. # Paper II ## 2. Constitutional Law-I 80 Marks The course shall comprise of the following 1. Characteristics of the Indian Constitution. Special Emphasis shall be placed on * (A) Federal Structure and (B) Form of the Government. 2. The preamble of the Constitution. 3. Citizenship (Articles 5 – 11) 4. Union Parliament : Organization, Procedure regarding Enactment of Legislation, Parliamentary Privileges. 5. Union Executive : The President, his Powers and Position including Ordinance Making Power. 6. Prime Minister and the Cabinet. Is the Prime Minister Real Head ? 7. Distribution of Legislative Powers between Union and the States. Territorial and Topical Distribution of Powers, power of Parliament to Legislate on State Matters. Doctrine of Territorial Nexus. Doctrine of Pith and Substance, Doctrine of Colourable Legislation. 8. Panchayats & Municipalities (Articles 243 - 243 ZG) 9. Emergency Provisions with Special References to Proclamation of Emergency and President's Rule. ### Books Recommended 1. Constitution by Dr. J.N.Panda 2. Constitution by V.N.Shuk Pandey 3. Shorter Constitution of India by D.D. Basu 4. Constitutional Law of India by T.K.Tope 5. Indian Constitutional Law by M.P.Jain # Paper III ## 3. Law of Contract - 80 Marks The course shall comprise of the following 1. Purpose, evaluation and scope of the law of contract. 2. Formation of Contract - Essential conditions: * (a) Proposal and acceptance: Meaning and law relating to communication of proposal, acceptance and its revocation. * (b) Consideration : Meaning, essential conditions and doctrine of privity of contract. * (c) Lawful object and lawful consideration. * (d) Consent and free consent : Meaning and essential conditions including standard Form of Contracts. * (e) Capacity to contract including nature and effects of minor's agreement * (f) Void agreement : Meaning and agreements declared to be void by the Indian contract Act, 1872 with special emphasis on agreements in restraint of trade and wagering agreements. 3. Discharge of Contract : Meaning and Modes: * (a) Discharge by Performance * (b) Discharge by breach including anticipatory breach of contract. * (c) Discharge by agreement * (d) Discharge by impossibility of performance and its relation with English Law Doctrine of Frustration. 4. Law Relating to certain Relations resembling those created by contract with special emphasis on doctrine of unjust enrichment. 5. Remedies available under Indian Contract Act, 1872: * (a) Compensation : Meaning and nature * (b) Law relating to award of compensation in case of breach of contract. * (c) Liquidated damages and penalty. ### Books Recommended 1. Indian Contract Act by T.P.Desai 2. Indian Contract Act by S.K.Kapoor 3. Indian Contract Act by Agarwal 4. Marchantile Law by Sen & Mitra # Paper IV ## 4. Optional Paper ### (i). Human Rights Law and Practice Course shall comprise of the following : 1. Law and Procedure * (a) Civil and Political Rights * (b) Economical, Social and Cultural Rights 2. Protection of Human Rights Act * (a) National Human Rights Commission * (b) State Human Rights Commission * (c) Human Rights Court 3. Law Relating to Vulnerable Class * (a) Dalits * (b) Old Age Persons * (c) Disable Persons * (d) People below poverty line 4. Programmes and Policies * (a) Integrated Child Development Scheme * (b) School Education and Mid-day meal * (c) Rural Health and Empowerment * (d) Welfare schemes 5. Promotion and Respect of Human Rights * (a) Role of Civil Society and the Media * (b) Role of Educational Institutions * (c) Obstacles 6. Human Rights and Challenges of Globalization 7. Future of Human Rights. ### Books Recommended 1. H.O. Agarwal - Human Rights Law & Practice 2. S.K.Kapoor - Human Rights Law & Practice # Paper V ## 5. General English **A.** 1. Importance of language of law. 2. Language of the Supreme Court, High Court, etc. 3. Problem of Language in drafting Documents. 4. Golden Rules of Drafting. **B.** 1. Necessity and Background for Study of Legal Language in Syllabus of Law in India. **C.** 1. What is Para phrasing.. Distinction between paraphrasing and precis Paronyms. 2. One Word- Substitution. 3. Legal Terms - - Meanings. 4. Meaning & uses of Idiomatic phrases. **D.** 1. Paragraph - Writing Objective of a paragraph. **E.** 1. Expansion: Paragraph Writing. 2. Speech Training. 3. Reading Newspaper Consulting use of dictionary of ascertaining of correct pronunciation. 4. Reading alond with proper accentuation & pauses. 5. Practice in guided oral presentation and payses. 6. Practice in Spontaneou oral presentation & group discussion.