LLB | SEM 2
Unit 2 | Uncodified Law I | Debts, Partition, Stridhan, & Religious Endowments | Women’s Estate Post-2005
LLB | SEM 2
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SEM 2 – Family Law I
Unit 1:- Uncodified Law I
1.1 Evolution of Hindu Law
1.2 Sources of Hindu Law
1.3 Schools of Hindu Law
1.4 Joint Family and Coparcenery
Unit 2:- Uncodified Law I
2.1 Debts
2.2 Partition
2.3 Stridhan and Women’s Estate
2.4 Gifts
2.5 Religious and Charitable
Unit 3:- Codified Law I
3.1 Marriage under Hindu Law:
3.1.1 Nature of Hindu Marriage
3.1.2 Forms of Marriage
3.1.3 Amendments under Hindu Marriage Act, 1955
3.1.4 Conditions for a valid marriage
3.1.5 Judicial Separation and Divorce: Difference, Grounds
Unit 4:- Codified Law II
4.1 Nullity of Marriage: Void and Voidable Marriages
4.2 Permanent Maintenance and Alimony
4.3 Other Provisions under HMA
4.4 Testamentary and Intestate Succession
4.5 Historical perspective of traditional Hindu law as a background to the study of Hindu succession Act, 1956
4.6 Devolution of Interest in Coparcenery property
Unit 5:- Codified Law III
5.1 Succession to property of a Hindu male dying intestate (Without Will)
5.2 Succession to property of a Hindu female dying intestate (Without Will)
5.3 Disqualifications relating to succession
5.4 General Rules of Succession
Unit 6:- Codified Law IV
6.1 Law relating to Hindu Adoption
6.2 Law relating to Maintenance under HAMA Act, 1956
6.3 Law relating to Hindu Minority and Guardianship Under Hindu Law
6.4 Family Courts: Composition, Powers and Functions of Family Courts
Unit 1 - Parliamentary Government
1.1 Westminster model - choice of parliamentary government at the Centre and States.
1.1 President of India
1.1.1 Election, qualifications, salary and impeachment
1.1.2 Powers: legislative, executive and discretionary power
1.2 Council of Ministers
1.2.1 Doctrine of Collective Responsibility
1.3 Governor and state government - constitutional relationship
1.4 Legislative process
1.4.1 Practice of law -making
1.4.2 Legislative privileges and fundamental rights
1.5 Prime Minister - cabinet system - collective responsibility -individual responsibility
1.6 Coalition Government
1.8 Anti -defection Law
Unit 2 :- Federalism
2.1 Federalism - principles: comparative study
2.2 Indian Federalism: identification of federal features
2.2.1 Legislative relations
2.2.2 Administrative relations
2.2.3 Financial relations.
2.3. Governors role
2.4. Centre's powers over the states - emergency
Unit 3 - Finance Relations
3.1. Distribution of Fiscal Power
3.1.1. Scheme of Allocation of Taxing Power
3.1.2. Extent of Union power of Taxation
3.1.3. Residuary power
• inclusion of Fiscal Power
3.2. Restriction of Fiscal Power
3.2.1. Fundamental Rights
3.2.2. Inter
-Government Tax immunities
3.2.3. Difference between Tax and fee
3.3. Distribution of Tax Revenues
3.3.1. Tax
• Sharing under the Construction
3.3.2. Finance Commission
• Specific Purpose
grants (Article 282)
3.3.3.
6th Amendment Act
3.3.4. 22nd Amendment Act
3.3.5. 101th Amendment Act
3.4. Borrowing Power of States
3.4.1. Borrowing by the Government of India
3.4.2. Borrowing by the States
Unit 4 - Amendment and Emergency Provisions under the
Constitution
4.1 Methods of constitutional amendment
4.2 Limitations upon constituent power
4.3 Development of the basic Structure
4.4 Emergency: Meaning, scope and types
4.5 Effect of Proclamation of Emergency
4.6. Emergency and Suspension of Fundamental
Rights
Unit 5 :- Judiciary
5.1 Jurisdiction of Supreme Court
5.1.1 Original Jurisdiction
5.1.2 Appellate Jurisdiction
5.1.3 Advisory Jurisdiction
5.2 Special Leave Petition
5.3 Power of High Courts to issue certain Writs
5.4 Power of Superintendence
5.5 Judges- Appointment, removal, transfer and condition of service : judicial independence
5.6 Judicial Review : Nature and Scope
Unit 6 :-
6.1 Trade, Commerce and Intercourse
6.2 Services under the Constitution,
6.2.1 Doctrine of Pleasure (Article 310)
6.2.2 Protection against arbitrary removal,
dismissal or reduction in rank (Article 311)
6.2.3 Exceptions to Article 311
6.3 Panchayats, Municipalities And Co-Operative
Societies (Articles 243-243ZT)
6.3.1 Panchayati Raj system 73rd and 74th
Amendment
6.4 Elections (Articles 324-329A )
6.4.1 Function Of Election Commission
6.4.2 Power Of Parliament And State Legislature
6.4.3 To Make Law With Regard To Election Law
6.4.4 Right To Vote And Eligibility To Make Election
6.4.5 Provisions Relating To Legislature
6.4.6 Courts Not To Interfere In Election Matters
Unit 1 :- 1.1 Preliminary Provisions of the Act
1.1.1 Interpretation clause (sections 1 to 4)
1.1.2 Transfers of Property by Act of Parties – Transfer of Property, What may be Transferred (sections 5 and 6)
1.2 Transfer by Act of Parties
1.2.1 Persons Competent to transfer, Operation of transfer, Oral Transfer, Conditions restraining alienation, Restriction repugnant to interest, Condition on insolvency (sections 7 to 12)
Transfer for benefit of unborn person, Rule against perpetuity (sections 13 to 18)
Unit 2 :- Provisions of the Act
2.1 Vested and Contingent Interest, Conditional Transfer (section 19 to 34)
2.2 Election when necessary, Transfer by Ostensible owner (Sections 35 to41)
2.3 Doctrine of estoppel, Joint transfer for consideration (Sections 42 to 51)
Unit 3:- Provisions of the Act and Sales of Immovable Property
3.1 Doctrine of Lis pendens, Fraudulent Transfer, Part- performance (section 52 to 53-A)
3.2 Definition, Essentials of a valid Sale, Rights and Liabilities of Buyer and Seller (Sections 54 to 57)
Unit 4:- Mortgage
4.1 Definition of Mortgage, Kinds of Mortgage (section 58 to 59-A)
4.2 Rights and Liabilities of Mortgagor and Mortgagee
Unit 5:- Provisions of Mortgage
5.1 Marshalling, Subrogation and Charges (Sections 80, 92 and 100)
5.2 Lease of Immovable Property – Provisions of Lease of Immovable Property (Sections 105 to 117)
5.3 Provisions for Transfer of Actionable Claims (Sections 130 to 137)
Unit 6:- Gifts, Exchanges and Easement Act
6.1 Provisions of Gifts (Section 122 to 129)
6.2 Provisions of Exchanges (Sections 118 to 128)
6.3 Relevant Provisions of Easement Act