MSU LL.B Syllabus FY | SY | TY

LLB | SEM 3

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About Course

 LL.B. Semester III Syllabus Overview

The third semester consists of four compulsory core courses:

  • Jurisprudence
  • Family Law II: Muslim, Christian and Parsi Law
  • Labour Law I
  • Land Laws

Course Content

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

SEM 3 – Land Law (The Gujarat Land Revenue Code)
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

SEM 3 – Family Law II
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

SEM 3 – Labour Law I
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)