MSU LL.B Syllabus FY | SY | TY

LLB | SEM 6

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About Course

LL.B. Semester VI Syllabus Overview

The sixth semester consists of four compulsory core courses:

  • Civil Procedure Code and Limitation Act 
  • Professional Ethics 
  • Drafting, Pleading and Conveyancing 
  • Mediation & Conciliation and Arbitration Internship

Course Content

SEM 6 – Civil Procedure Code and Limitations Act
1. Introduction 1.1 Definitions 1.2 Jurisdiction of Civil Courts 1.3 Res Sub Judice and Res Judicata 1.4 Foreign Judgment 1.5 Place of Suing Unit 2: Pleadings 2.1 Plaint and Written Statement 2.2 Appearance and Non-Appearance of parties 2.3 Discovery, Inspection and Production of documents Unit 3: Interim Orders and Injunctions 3.1 Judgment and Decree 3.2 Special Suits 3.3 Withdrawals and compromise of suits Unit 4: Appeals, Reference, Review and Revision 4.1 Appeals 4.2 Reference 4.3 Review 4.4 Revision 4.5 Caveat 4.6 Inherent powers of court Unit 5: Execution 5.1 Stay of Execution 5.2 Arrest and Detention 5.3 Attachment of Property 5.4 Suits by or against Government 5.5 Summary Procedure 5.6 Suits by Indigent person 5.7 Suits relating to Public Nuisance 5.8 Inter-pleader suit Unit 6: Limitation 6.1 Limitations Act, 1963

SEM 6 – Professional Ethics
I. Legal Ethics and Legal Profession 1.1 Meaning of Ethics 1.2 Legal Ethics and it’s Importance 1.3 Necessity of Ethical Code for Legal Professionals 1.4 Role of Lawyers in Social Transformation 1.5 Equipments of an Advocate 1.6 Qualities of Judges II. Legal Profession- Historical Perspective & Emerging Challenges 2.1 Evolution of Legal Profession in India 2.2 Legal Professionals 2.3 Wheels of Chariot of Justice 2.4 Bar Bench relation 2.5 Changing Profession, Changing Ethics and Emerging Challenges III. Professional Conduct & Legal Framework 3.1 Advocates Act, 1961 3.2 Bar Council of India 3.3 Standard of Professional Conduct and Etiquettes 3.4 Ethics of Legal Profession 3.5 Seven Lamps of Advocacy 3.6 Art of Advocacy IV. Professional Misconduct and Rights of An Advocate 4.1 Acts of Advocates Constituting Professional Misconduct 4.2 Punishment for Professional or Other Misconduct 4.3 Conflict of Interest in Client-Advocate Relationship 4.4 Restriction imposed by Bar Council of India Rules, 1975 4.5 Rights and Privileges of an Advocate V. Professional Legal Education and Book Keeping and Accountancy 5.1 Standards of Professional Legal Education 5.2 Inspection, Recognition and Accreditation 5.3 Recognition of Degree in Law of Foreign University 5.4 Book-Keeping 5.5 Accountancy and Accountability of Advocates VI. Contempt of Court 6.1 Meaning and Kinds of Contempt of Court 6.2 Origin, Development, Object and Constitutional Validity of Contempt Law 6.3 Basis and Extent of Contempt Jurisdiction 6.4 Contempt by Lawyers, Judges, State and Corporate Bodies 6.5 Contempt proceedings – Nature and main features 6.6 Defences open to the Contemner 6.7 Nature And Extent of Punishment And Remedies Against Order of Punishment

SEM 6 – Drafting, Pleadings And Conveyancing
I. Principles of Drafting and Pleading 1.1 Drafting: Meaning, Essential Elements, and Principles 1.2 Pleadings: Meaning, Object, and Fundamental rules 1.3 Plaints: Framing and Essentials 1.4 Written Statements: General defences and Specimen forms 1.5 Plaint in a suit for: Summary Suit (Order 37), Money Suits, and Injunction Application (Order 39) II. Applications Under Civil Procedure Code 2.1 Affidavit for discovery of documents (Order 11, Rule 13) 2.2 Caveat Application (u/s 148A) 2.3 Application for temporary injunctions (Order 39 Rules 1 & 2) 2.4 Application for attachment before judgment (Order 38, Rule 5) 2.5 Application for Appointment of Commissioner (Order 26, Rule 1) 2.6 Arbitration Agreement (Section 7 of Arbitration and Conciliation Act, 1996) 2.7 Notice u/s 80 of CPC III. Applications Under BNSS, 2023 3.1 Complaint u/s 323 of BNS, 2023 3.2 Complaint u/s 138 r/w 141 of N.I. Act 3.3 Statutory Notices u/s 138 r/w section 141 of N.I. Act 3.4 Applications for Bail (u/s 478, 480, and 482) and Maintenance (u/s 144) IV. Petitions Under Family Law 4.1 Petition for Restitution of Conjugal Rights (u/s 9 HMA) 4.2 Divorce Suit, Judicial Separation, and Mutual Consent 4.3 Adoption Deed, Appointment of Guardian, 4.4 Appointment of Person and Property V. Conveyancing 5.1 CONVEYANCING: Introduction and Definition 5.2 Meaning of Certain Terms 5.3 Deed, Components of Deed 5.4 Sale Deed 5.4.1 Agreement to Sale 5.4.2 Relinquishment Deed 5.4.3 Title Clearance 5.5 Leave and License Agreement 5.6 Mortgage Deed 5.7 Exchange Deed 5.8 Lease Deed 5.9 Gift Deed VI. Wills and Other Documents 6.1 WILL: - 6.1.1 Will in favour of wife and children. 6.1.2 Will by a Wife in favour of husband. 6.1.3 Joint Will by husband and wife. 6.1.4 Detailed Will in favour of family members. 6.2 Power of Attorney 6.2.1 Power of Attorney from a person going abroad for the general management of his affairs / property. 6.2.2 Power of Attorney to sell specified property to execute its sale deed and to get the same registered. 6.3 Promissory Note 6.4 Affidavit: - 6.5 Receipts 6.6 Non-Disclosure Agreement

SEM 6 – Mediation & Conciliation and Arbitration
I. Introduction 1.1 Understanding Conflicts and Disputes; Modes of Dispute Resolution 1.2 Evaluation of Litigation in India; ADR Meaning, Scope, and Need, ADR v/s Litigation, Types of ADR 1.3 ADR Techniques: Negotiation, Mini Trial, and Online Dispute Resolution, Court annexed ADR systems: An overview 1.4 International Framework: UNCITRAL Model Laws and Singapore Convention II. Arbitration under Act of 1996 - I Arbitration under Arbitration and Conciliation Act, 1996 : 2.1 Historical Evolution of Arbitration Law in India 2.2 Arbitration and Conciliation Act, 1996 2.2.1 Salient Features 2.2.2 Amendments: Need and objectives 2.3 Arbitration: Meaning, definition and kinds 2.3.1 Domestic and international commercial arbitrations 2.4 Receipt of written communications and waiver of right to object 2.5 Arbitration Agreement: 2.5.1 Meaning, Definition, Essentials, Kinds and validity of Arbitration Agreement 2.5.2 Who can enter into Arbitration agreement 2.5.3 Power of parties to refer to arbitration 2.6 Arbitral Tribunal: Definition and Composition: 2.6.1 Number, Appointment and Arbitral Tribunal 2.6.2 Duties of Arbitral Tribunal including disclosures 2.6.3 Grounds of Challenge, procedure for challenge 2.6.4 Termination of mandate and substitution of Arbitrator 2.7 Court 2.7.1 Definition under the Act 2.7.2 Jurisdiction 2.7.3 Extent of judicial intervention 2.7.4 Interim measures by Court 2.8 Jurisdiction of Arbitral Tribunal 2.8.1 Doctrine of Competence-Competence 2.8.2 Interim measures by Arbitral Tribunal- provisions and enforcement III. Arbitration under Act of 1996 - II Arbitration under Arbitration and Conciliation Act, 1996 : 3.1 Conduct of Arbitral Proceedings 3.1.1 Administrative Assistance 3.1.2 Equal treatment of the parties 3.1.3 Determining the rules of procedures 3.1.4 Place of arbitration 3.1.5 Commencement of proceedings 3.1.6 Language 3.1.7 Pleadings 3.1.8 Hearings 3.1.9 Default of a party 3.1.10 Expert appointment 3.1.11Court assistance 3.2 Arbitral Award: 3.2.1 Definition, requirements and ingredients 3.2.2 Applicability of Rules 3.2.3 Decision making by panel of Arbitrators 3.2.4 Form and contents of Arbitral Award 3.2.5 Adherence to Allied laws for validity of Arbitral Award Indian Stamp Act Registration Act 3.3 Other provisions on Arbitral Award 3.3.1 Time limit for Arbitral Award 3.3.2 Fast track procedure 3.3.3 Settlement IV. Arbitration under Act of 1996 - III Arbitration under Arbitration and Conciliation Act, 1996 : 4.1 Regime of Costs 4.2 Termination of proceedings 4.3. Correction, Interpretation and Additional Award 4.4 Recourse against Arbitral Award 4.5 Finality and Enforcement of Arbitral Award 4.6 Appeals 4.7 Miscellaneous provisions 4.7.1 Deposits and lien 4.7.2 Non-Discharge on death 4.7.3 Insolvency of parties 4.7.4 Jurisdiction 4.7.5 Confidentiality 4.7.6 Applicability of Limitation Act, 1963 4.8. Arbitration Council of India 4.9 Enforcement of Foreign Awards in India V. Mediation Mediation 5.1 Mediation 5.2 Importance 5.3 Important Developments in Mediation 5.3.1 Growth of virtual dispute resolution 5.3.2 Pre-Institution Mediation 5.4 Mediation and Restorative Justice 5.4.1 Theory of restorative justice and its application 5.4.2 Gandhian principles of non-violent conflict resolution 5.4.3 Traditional mediation practices in India and abroad 5.5 Key concepts in mediation 5.5.1 Essential elements 5.5.2 Process and stages in mediation 5.5.3 Approaches to Mediation 5.5.4 Role of the mediator 5.6 Importance of communication in Mediation 5.6.1 Elements of verbal and non-verbal communication 5.6.2 Effective and ineffective communication techniques 5.7 Conducting Effective Mediation 5.7.1 Decision-making techniques 5.7.2 Problem-solving tactics 5.7.3 Ensuring positive outcomes 5.8 Qualities, Ethics and Role of a Mediator 5.8.1 Ideal Qualities and Skills of Mediators 5.8.2 Developing mediation skills 5.8.3 Code of ethics 5.8.4 Confidentiality requirements 5.9 Status of Mediated Agreements 5.9.1 Drafting of agreements 5.9.2 Sanctity of mediated agreements VI. Conciliation and Allied Laws Mediation. Conciliation and Allied Laws 1.1 Enforcement laws and procedures 1.1.1 Court decree for court-annexed mediation settlement 1.1.2 Vitiating factors: fraud, coercion, corruption, incapacity of a party or the settlement being contrary to public policy or Indian law. Need for Mediation-specific legislation to regulate and give legal sanctity to mediated settlements 1.2 Provisions of Conciliation under Arbitration and Conciliation Act, 1996 1.3 Allied Laws 1.3.1 Legal Services Authorization Act, 1987 1.3.2 Lok Adalats and Permanent Lok Adalats 1.3.3 Article 323-A and 323-B of Constitution of India 1.3.4 Provisions under CPC 1.3.5 The Civil Procedure Alternative Dispute Resolution and Mediation Rules, 2006 1.3.6 The Commercial Courts (Pre-Institution Mediation and Settlement) Rules 2018 (the PIMS Rules) 1.3.7 The Consumer Protection Act 2019 1.3.8 Judicial interpretation and relevant case law, dispute resolution institutions in India