Syllabus for KLE LLB

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KLE LLB Syllabus 2021

Semester VI : Course I : Law of Evidence

Unit I : Introduction : Distinction between substantive and procedural law – Conceptions of evidence in classical Hindu and Islamic Jurisprudence – Evidence in customary law systems ( Non – state law ) – Introduction to the British ‘Principles of Evidence’ – Legislations dealing with evidence ( other than Indian Evidence Act ) with special reference to CPC, Cr.P.C., Bankers Book Evidence Act, Commercial Document Evidence Act, Fiscal and revenue Laws – Salient features of the Indian Evidence Act, 1861, Applicability of the Indian Evidence Act. Central Conceptions in Law of Evidence – Facts – Facts in issue and relevant facts – Evidence – Circumstantial and direct evidence – Presumptions, proved, disproved, not proved – Witness – Appreciation of evidence. Relevancy of Facts – Facts connected with facts in issue – Doctrine of Res gestae; Sections 6, 7, 8 and 9 of Evidence Act – Evidence of Common Intention – Section10, Relevancy or otherwise irrelevant facts – Facts to prove right or custom ( Section13 ) – Facts concerning state of mind/state of body or bodily feelings ( Sections 14 and 15 ) – Relevancy and admissibility of admissions, privileged admissions – evidentiary value of admissions ( Sections 17 to 23 ).

Unit II : Relevancy and admissibility of confessions – Admissibility of information received from an accused person in custody – Confession of co – accused ( Sections 24 to 30 ) – Admitted facts need not be proved ( Section 58 ); Dying declaration – Justification for relevance – Judicial standards for appreciation of evidentiary value – Section 32 ( 1 ) with reference to English Law – Other statements by persons who cannot be called as witnesses – ( Sections 32( 2 ) to ( 8 ), 33 ) – Statement under special, circumstances ( Sections 34 to 39 ); Relevance of judgments – General principles – Fraud and collusion ( Sections 40 to Sec. 44 ); Expert testimony : General principles ( Sections 45 – 50 ) – Who is an expert – Types of expert evidence – Problems of judicial defence to expert testimony.

Unit III : Character evidence – Meaning – Evidence in Civil Criminal cases; English Law ( Sectionzs 52 – 55 ) – Oral and documentary Evidence – Introduction on Proof of facts – General principles concerning oral; Evidence ( Sections 59 – 60 ) – General principles concerning documentary; Evidence ( Sections 61 – 90 ) – General principles regarding exclusion by evidence ( Sections 91 – 100 ).

Unit IV : Burden of Proof – The general conception of onus probandi ( Section 101 ) – General and special exception to onus probandi ( Sections102 – 106 ) – The justification of presumption and burden of proof ( Sections 107 to 114 ) with special reference to presumption to legitimacy of child and presumption as to dowry death – Doctrine of judicial notice and presumptions. Estoppel : Scope of Estoppel – Introduction as to its rationale ( Section 115 ) – Estoppel distinguished from Res judicata – Waiver and Presumption – Kinds of Estoppel – Equitable and Promissory Estoppel – Tenancy Estoppel ( Section 116 ).

Unit V : Witness, Examination and Cross Examination : Competence to testify ( Sections 118 to 120 ) – Privileged communications ( Sections 121 to 128 ) – General principles of examination and cross examination ( Sections 135 to 166 ) – Leading questions ( Sections 141 – 145 ) – Approver’s testimony ( Section 133 ) – Hostile witnesses ( Section 154 ) – Compulsion to answer questions ( Sections 147, 153 ) – Questions of corroboration( Sections 156 – 157 ) – Improper admission of evidence.

Course II : Taxation

Unit I : Concept of Tax – Nature and characteristics of taxes – Distinction between tax and fee, tax and cess – Direct and Indirect taxes – Tax evasion and tax avoidance – Scope of taxing powers of Parliament, State Legislatures and Local bodies. The Income Tax Act : Basis of taxation of Income – Incomes exempted from tax – Income from salaries – Income from house property – Income from business or profession and vocation – Income from other sources – Taxation of individuals, HUF, firms, association of persons, Co – operative Societies and Non – Residents.

Unit II : Income Tax Authorities – Their appointment – Jurisdiction – Powers and functions – Provisions relating to collection and recovery of tax – Refund of tax, appeal and revision provisions, offences and penalties. Wealth Tax : Charge of Wealth tax, assets, deemed assets, and assets exempted from tax – Wealth tax Authorities – Offences and penalties.

Unit III : Central Excise Laws : Nature, scope and basis of levy of Central Excise duty – Meaning of goods – Manufacture and manufacturer – Classification and valuation of goods – Duty payment and exemption provisions – Provisions and procedure dealing with registration and clearance of goods – An overview of set – off of duty scheme.

Unit IV : Customs Laws : Legislative background of the levy – Appointment of Customs officers – Ports – warehouses – Nature and restrictions on exports and imports – Levy, exemption and collection of customs duties, and overview of law and procedure – Clearance of goods from the port, including baggage – Goods imported or exported by post, and stores and goods in transit – Duty drawback provisions.

Unit V : Central Sales Tax Laws : Evolution and scope of levy of Central Sales tax – Inter – State sale outside a State and sale in the course of import and export – Basic principles – Registration of dealers and determination of taxable turnover; Service Tax – Main features of Service Tax; VAT – Introduction to Value Added Tax.

Course III : Optional V : Intellectual Property Rights II

Unit I : Indian Copyright Law : Introduction and overview of copyright : History of the concept of copyright and related rights; Nature of copyright : Salient features of Copyright Act; Subject matter of copyright; Literary work; Dramatic work; Musical works; Artistic works; Cinematographic films; Sound recordings; Term of copyright; Computer software and copyright protection; Author and ownership of copyright; Rights conferred by copyright; Assignment, transmission and relinquishment of copyright; Infringement of copyright; Remedies against infringement of copyright.

Unit II : Biological Diversity Law : Introduction and overview of Biological Diversity; Meaning and scope of Biological Diversity; Biological resources and traditional knowledge; Salient features of Biological Diversity Act; Biological Diversity concerns and issues; Bio piracy; Regulation of access to Biological Diversity; National Biodiversity Authority; Functions and powers of Biodiversity Authority; State Biodiversity Board; Biodiversity Management Committee and its functions.

Unit III : Protection of Plant Varieties and Farmers Rights Law : Legal concepts relating to the protection of plant varieties rights; Legal concepts relating to the protection of plant breeders rights; IPR in new plant varieties; Policy and objectives of protection of plant varieties and farmers rights act; Plant varieties and Farmers rights protection authority; National register of plant varieties; Procedure for registration; Rights and privileges; Benefit sharing; Compensation to communities; Compulsory licence; Relief against infringement; National Gene Fund.

Unit IV : Designs Law : Introduction and overview of Designs Law; Salient features of Designs Law; Procedure for registration; Rights conferred by registration; Copyright in registered designs; Infringement ; Powers and duties and Controller; Distinction between design, trade mark, copyright & patent.

Unit V : International Treaties / Conventions on IPR : TRIPS Agreement : Background; Salient Features of TRIPS; TRIPS and Indian IPR; Berne Convention : Background; Salient features of Paris Convention; Convention of Bio – Diversity : Objectives of CBD;Salient features of CBD; International IPR agreements affecting protection of plant varieties : The WTO Doha round of trade negotiations; International Treaty on Plant Genetic Resources ( “ITPGR” ).

Course III : Optional V : White Collar Crimes ( Privileged Class Deviance )

Unit I : Introduction – Concept of white collar crime – Indian approaches to socio – economic offences – forms of privileged class deviance – official deviance ( Legislators, judges and bureaucrats ), professional deviance, trade union deviants, land law deviance, upper class deviance, police deviance, gender based deviance, deviance by religious leaders and organisations.

Unit II : Official deviance; Prevention of Corruption Act, 1988.

Unit III : Police and politicians’ deviance; N.N.Vorha Committee Report; Lokpal and Lokayukta institutions.

Unit IV : Professional deviance; Medical profession – The Lentin Commission Report; Legal profession – Opinions of Disciplinary Committee of Bar Council of India.

Unit V : Gender based deviance – sexual harassment; Offences against scheduled castes and scheduled tribes.

Course IV : Optional – VI : Women and Criminal Law & Law Relating to Child

Unit I : Women in Pre – Constitution Period : Social and Legal Inequality; Social Reform Movement in India; Legislative response in India. Women & children in Post – Constitution Period. Provisions of Constitution of India Preamble, Art.14, 15, 23, and Part IV Legal Measures in relating to Child Labour Women and Political Representation.

Unit II : Different Personal Laws – Unequal Position of Indian Women – Uniform Civil Code; Sex Inequality in Inheritance Rights : Right of Inheritance by birth for Sons and not for Daughters; Inheritance under Christian Law; Inheritance under Muslim Law; Matrimonial Property Law; Right of Women to be Guardian of her minor sons and daughters.

Unit III : Law of Divorce – Christian Law – Discriminatory Provision; Muslim Law – Inheritance divorce. Women and Social Legislation : Dowry Prohibition Law; Sex Determination Test, Law relating to Prevention of Immoral Trafficking in Women Act.

Unit IV : Women and Criminal Law : Adultery; Rape; Outraging the Modesty of Women; Kidnapping; Sati Prohibition Law; Law relating to Domestic Violence; Law relating Eve – Teasing; Indecent Representation of Women Act.

Unit V : Women and Employment : Factories Act – Provisions relating to women; Maternity Benefit Act; Equal Remuneration Act; Law Relating to Sexual Harassment at Working Place; N.C.W – Aims, Functions and Performance.

Course IV : Optional VI : Law Relating to International Trade

Unit I : Historical perspectives of International Trade, Institutions – UNCTAD, UNCITRAL, GATT ( 1947 – 1994 ); World Trade Organization – Objectives, Structure, Power; Most Favored Nation Treatment and National Treatment; Tariffs and Safeguard measures.

Unit II : Technical Barriers to Trade; Sanitary and Phyto – sanitary measures; Trade Related Investment Measures( TRIMs ); Anti – Dumping, Subsidies and Countervailing Measures; Dispute Settlement Process.

Unit III : International Sales of Goods Formation and Performance of International Contracts, Various Forms and Standardization of Terms; Acceptance and Rejection of Goods, Frustration of Contract, Invoices and packing, Product liability.

Unit IV : Exports – Insurance of Goods in Transit; Marine Insurance and kinds; Law on Carriage of goods by sea, land and air, Container transport, Pre – Shipment Inspection; Licensing of Export and Imports.

Unit V : Laws Governing Finance and Investments; Foreign Collaboration and Investment Policy; Foreign Direct Investment in Industries and Governing Policies; Foreign Institutional Investors ( FIIs ) : Investment by Non – resident Indians ( NRIs ) and Overseas Corporate Bodies ( OCBs ); Foreign Collaboration Agreement – Foreign Technology Agreement; Foreign Companies and Foreign Nationals in India.

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Application Form Submission 16 Dec 2020 to 16 Jan 2021.