Jurisprudence, Interpretation and General Laws I

Paper Code: 
BCS 213
Credits: 
3
Contact Hours: 
45.00
Max. Marks: 
100.00
Objective: 

To acquire knowledge of sources of law, constitution, legislative environment,
interpretation of statues and general laws.

9.00
Unit I: 

Sources of Law: 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.

Constitution of India: Broad Framework of the Constitution of India; Fundamental Rights, Directive Principles of State Policyand 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.

9.00
Unit II: 

Interpretation of Statutes: Need for interpretation of a statute; Principles of Interpretation; Aids to Interpretation; LegalTerminologies; Reading a Bare Act & Citation of Cases.

General Clauses Act, 1897: Key Definitions; General Rule of Construction; Retrospective Amendments; Powers and Functions;Power as to Orders, Rules etc., made under Enactments.

9.00
Unit III: 

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.

Law of Torts: General conditions of Liability for a Tort; Strict and Absolute Liability; Vicarious Liability; Torts or wrongs topersonal safety and freedom;Liability of a Corporate Entity/Company in Torts; Remedies in Torts.

9.00
Unit IV: 

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.

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.

9.00
Unit V: 

Indian Penal Code, 1860: 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.

Criminal Procedure Code, 1973: 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

References: 

References
1. Study Material Published by ICSI
2. Scanner-Arun Kumar (Suchitra Prakashans (P) Ltd

Academic Year: