To acquire knowledge and understanding of Jurisprudence Interpretation and General Laws.
BCS 313 |
Jurisprudence, Interpretation and general laws |
CO 76: To gain a knowledge about the constitution and various rights and duties of citizens and also various sources of law. CO 77: Awareness about Need for interpretation of a statute; Principles of Interpretation and General Rule of Construction. CO 78:To provide understanding about Administrative Laws and General conditions of Strict and Absolute Liability for a Tort along with Computation of the Period of Limitation; Bar of Limitation CO 79:Understand the concept Civil Procedure Code, 1908 and Indian Penal Code, 1860 along with their application and terminology. CO 80:Knowledge of meaning of Indian evidence Law and Indian Stamp act. CO 81:Understanding of meaning and Familiarization with the Concept of Special Courts, Tribunals under Companies Act & Other Legislations. and also the alternative dispute resolution method like arbitration and conciliation. CO 82:Awareness about the registration of various documents and effects of non registration. CO 83:Getting overall understanding about the right to get information from various public authorities, and the Information Technology act 2000. |
Learning Strategies: |
PPT's |
Meaning of Law and its Significance; Relevance of Law to Civil Society; Jurisprudence & Legal Theory; Schools of Law propounded by Austin, Dean Roscoe Pound, Salmond, Kelsen and Bentham; Statutes, Subordinate Legislation, Custom, Common Law, Precedent, Stare decisis.
Interpretation of Statutes: Need for interpretation of a statute; Principles of Interpretation; Aids to Interpretation; Legal Terminologies; Reading a Bare Act & Citation of Cases.
Constitution of India: Broad Framework of the Constitution of India; Fundamental Rights, Directive Principles of State Policy and Fundamental Duties; Legislative framework and Powers of Union and States; Judicial framework; Executive/Administrative framework; Legislative Process; Money Bill; Finance Bill and Other Bills; Parliamentary Standing Committees and their Role; Writ Jurisdiction of High Courts and the Supreme Court; Different types of writs
Key Definitions; General Rule of Construction; Retrospective Amendments; Powers and Functions ;Power as to Orders, Rules etc., made under Enactments.
Law of Torts: General conditions of Liability for a Tort; Strict and Absolute Liability; Vicarious Liability; Torts or wrongs to personal safety and freedom; Liability of a Corporate Entity/Company in Torts; Remedies in Torts.
Administrative Laws: Conceptual Analysis; Source and Need of Administrative Law; Principle of Natural Justice; Administrative Discretion; Judicial Review & Other Remedies; Liability of Government, Public Corporation.
Limitation Act, 1963: Computation of the Period of Limitation; Bar of Limitation; Effect of acknowledgment; Acquisition of ownership by Possession; Classification of Period of Limitation.
Introduction; Offences against Property-Criminal Misappropriation of Property, Criminal Breach of Trust, Cheating, Fraudulent Deeds and Dispositions of Property; Offences relating to Documents and Property Marks- Forgery; Defamation; Abetment and Criminal Conspiracy
Civil Procedure Code, 1908: Structure and Jurisdiction of Civil Courts; Basic Understanding of Certain Terms - Order, Judgment and Decree, Stay of Suits, Cause of Action, Res Judicata, Summary Proceedings, Appeals, Reference, Review and Revision; Powers of Civil Court and their exercise by Tribunals; Institution of Suit; Summary Procedure.
Classes of Criminal Courts; Power of Courts; Arrest of Persons; Mens Rea; Cognizable and Non-Cognizable Offences; Bail; Continuing Offences; Compounding of Offences; Summons and Warrants; Searches; Summary Trial
Indian Evidence Act, 1872: Statements about the facts to be proved; Relevancy of facts connected with the fact to be proved; Opinion of Third Persons ; Facts of which evidence cannot be given; Oral, Documentary and Circumstantial Evidence; Burden of proof; Presumptions; Estoppel; Witness; Improper admission & rejection of evidence.
Special Courts, Tribunals under Companies Act & Other Legislations: Constitution; Powers of Tribunals; Procedure before Tribunals; Powers of Special Courts; Power to punish for contempt; Overview of NCLT Rules; Quasi-Judicial Authorities.
Arbitration and Conciliation Act, 1996: Arbitration Law in India; Appointment of Arbitrators; Judicial Intervention; Award; Recourse against Award; Conciliation and Mediation..
Key Definitions; Principles of Levy of Stamp Duty; Determination, Mode and timing of Stamp Duty; Person responsible; Consequences of Non-Stamping and Under-Stamping; Adjudication; Allowance and Refund; Concept of E-Stamping.
Right to Information Act, 2005: Key Definitions; Public Authorities & their Obligations; Role of Central/State Governments; Central Information Commission; State information Commission
Registration Act, 1908: Registration of Documents: Compulsory, Optional; Time and Place of Registration; Consequences of Non-Registration; Prerequisites for Registration.
Information Technology Act, 2000 : Introduction, definition, important terms under the Act; Digital Signatures, Electronic Record, Certifying Authority, Digital Signature Certificate; Cyber Regulation Appellate Tribunal; Offences and Penalties; Rules relating to sensitive personal data under IT Act.
1. Study Material Published by ICSI
2. Scanner-Arun Kumar(ShuchitaPrakashans(P) Ltd)