BA.LL.B.

SEMESTER VII
LAW OF CIVIL PROCEDURE
OBJECTIVES:

Study of procedural law is important for a Law student. This course is designed to
acquaint the students with the various stages through which a civil case passes through, and the
connected matters. The course teacher shall Endeavour to familiarize the students with the case
papers (like plaints, written statements, Interlocutory applications, etc.) involved in civil cases
and touch upon the provisions of Evidence Act wherever necessary.
COURSE CONTENTS:

UNIT – I: Introduction

 Procedural and Substantive law: Meaning and Distinction

 History of the code, extent and its application
 Definitions
 Suits: Jurisdiction of the civil courts- Kinds of jurisdiction-Bar on suits- Suits of civil
nature (Sec.9)
 Doctrine of Res sub judice and Res judicata (Sec. 10, 11 and 12)
 Foreign Judgment (Sec. 13, 14); Place of Suits (Ss. 15 to 20)
 Transfer of Cases (Ss. 22 to 25).
UNIT – II

 Parties to the suit (O. 1): Joinder, misjoinder and non-joinder of parties.
 Institution of suits and summons
 (Sec. 26, 0rd.4 and Sec. 27, 28, 31 and Ord.5
 Interest and Costs (Sec. 34, 35, 35A, B)
 Pleading: Fundamental rules of pleadings.(Ord.6)
 Plaint and Written Statement (Ord.7& 8)
 Defenses- Set off, Counter claim(Ord 8 Rule 6 & 6-A)
UNIT – III

 Appearance and examination of parties (O.9, O.18)

 Discovery, inspection and production of documents (O.11 & O.13)
 First hearing and framing of issues (O.10 and O.14)
 Admission and affidavit (O.12 and O.19)
 Adjournment (O.17)
 Death, marriage-Insolvency of the parties (O.22)
 Withdrawal and compromise of suits (O.23)
 Judgment and Decree (O.20)
 Execution (Sec. 30 to 74, O.21)
UNIT – IV

 Suits in particular cases; Suits by or against Governments (Sec. 79 to 82, O.27)

 Suits by aliens and by or against foreign rulers, ambassadors (Sec. 85 to 87)
 Suits relating to public matters (Sec. 91 to 93)
 Suits by or against firms (O.30)
 Suits by or against minors and unsound persons (O.32)
 Suits by indigent persons (O.33)
UNIT V

 Inter-pleader suits (Sec. 88, O.35)

 Interim Orders; Commissions (Sec. 75, O.26)
 Arrest before judgment and attachments before judgment (O.38)
 Temporary injunctions (O.39)
 Appointment of receivers (O.40)
UNIT VI

 Appeals (Ss. 90 to 109, O.41, 42, 43, 45)

 Reference- Review and Revision (Ss. 113, 114, 115, O.46,)
 Caveat (Sec. 144.A)
 Inherent powers of the court (Ss. 148, 149, 151)
Suggested Books:
 Civil Procedure Code. P. M. Bakshi

 CIVIL PROCEDURE CODE D.F. MULLA

 CIVIL PROCEDURE CODE JUSTICE C.K. TAKWANI

 CIVIL PROCEDURE CODE T.P. TIRPATHI

 CIVIL PROCEDURE CODE M.P. TANDON

 THE CODE OF CIVIL PROCEDURE M.P. JAIN

 Media Law & Public Awareness
Objectives of the course
Mass media such as press, radio and television, films, play a vital role in socialisation,
culturalisation and modenisation of a society. The visual media are bound to have a
much greater impact on human mind. But while these media have such a potential value
as man educators, they are also susceptible to destructive and harmful uses for
promoting criminal anti-social and selfish escapist tendencies. While their positive
potential as mass educators has to be harnessed for developmental purposes, their
negative, harmful potential has to be curbed in public interest. Law plays a dual
role vis-a-vis such media. On the one hand, it protects the creative freedom involved in
them, on the other, it has to regulate them so as to avoid their possible abuse. This
paper will deal with such interaction between law and mass media.

1. Constitutional Foundations
a. Constitutional Provisions
b. Right to circulate
c. Right of the press to conduct interviews
d. Reporting of court and legislative proceedings
e. commercial speech
f. Right to broadcast, Right to entertain and to be entertained
g. Right to fly the national flag
h. Constitutional restriction
2. Morality, obscenity
a) Meaning & differences
b) Tests of obscenity
c) Sec. 292 (IPC)
3. Contempt of court
a) Contempt; a ‘reasonable restriction’
b) Criminal contempt
c) The tests in Commonwealth and the USA
d) Recent Indian Cases
4. Defamation
a) Libel and Slander
b) Essentials for defamation
c) Defences
d) Remedies
e) Online defamation
5. Right to Privacy
a) Meaning and definition
 b) Privacy and the right to free speech
c) The Law on Privacy in India
d) Privacy and right to information
6. Broadcasting
a) Meaning
b) Judicial recognition
c) Comparison and Evolution
d) CAS, TRAI and DTH
e) Cable television
7. Advertising
a) Meaning
b) As a fundamental right
c) Advertising as right to information
d) Regulation and self- regulation
8. Hate Speech
a) Meaning
b) Position in America and USA
c) Position in India
d) Godra Case, riots in Gujarat
e) Hate Speech through terrorism
f) Reporting
9. Taxation
a) Constitutional Provision
b) Taxation on Media
c) Supreme Court judgments
d) Media as commercial industry
10. Other Issues
a) Censorship
b) Yellow journalism
c) Median Trial
d) Ombudsman & Media
Select bibliography
 M.P. Jain, Constitutional Law of India (1994) Wadhwa.
 H.M. Seervai, Constitutional Law of India Vol.I (1991) Tripathi, Bombay.
 Law 328
 John B. Howard, "The Social Accountability of Public Enterprises" in Law
and Community Controls
 in New Development Strategies (International Center for law in
Development 1980).
 Bruce Michael Boyd, "Film Censorship in India: A Reasonable Restriction
on Freedom of Speech
 and Expression ". 14 J.I.L.I. 501 (1 972).
 Rajeev Dhavan "On the Law of the Press in India" 26 J.I.L.I. 288 (1984).
 Rajeev Dhavan, "Legitimating Government Rhetoric: Reflections on Some
Aspects of the Second
 Press Commission" 26 J.IL.I. 391 (1984).
 Soli Sorabjee, Law of Press Censorship in India (1976).
 Justice E.S. Venkaramiah, Freedom of Press: Some Recent Trends (1984).
 D D. Basu, The Law of Press of India
 BANKING LAWS (BANKRUPTCY AND INSOLVENCY)
OBJECTIVES OF THE COURSE

The modern society functions, contrary to the old barter system, on monetary
transactions. In a developing country like India, the banking system takes off and
becomes quite common even among the common people. The services banks render to
the general public do have a significant contribution to the development of the
economy. Pari passu, the security to the assets money as well as other valuable
belonging to individuals and family units is to a large extent assured through the service
of the banks. The variety of assistance tended by the banks to the common people and
business community cannot be overemphasized in this context. The process of the
working of the banks and the legal control over them as well as the protection to the
consumers of banking services are areas which a student of law is necessarily familiar
with.
UNIT 1. INTRODUCTION TO BANKING LAWS:

 Banking: definition- common and statutory law (section 3 on N I Act & section
11 of the companies Act, 1956)
 Commercial banks: Essential functions and Services
 Emergence of multi functional dimensions.
 Systems of Banking: Unit banking, branch banking, group banking and chain
banking.
UNIT-2-. BANKS AND CUSTOMERS RELATIONSHIP.

 Customer: meaning and kinds

 Legal character of banker- customer relationship
 Rights, duties and obligations of banks
 Right of set-off
 Banker's lien
 Exceptions to the duty
 Garnishee orders
 Accounts of customers ( Current Accounts, Deposit Accounts, Joint Accounts,
Trust Accounts etc)
 Special types of customers:-( Lunatics, minors, agents, administrators and
executors, partnership firms and companies etc.)
UNIT-III-RESERVE BANK OF INDIA.
 Control Banking Theory and the RBI
 Evolution of Central Bank
 Characteristics and functions of central bank
 The Reserve Bank of India as central bank in India
 Objectives, organizational structure and functions
 Regulations of the monetary system
 Monopoly of issuing the Note
 Credit control
UNIT-IV- LENDING BY BANKS
 Kinds of money lending
 Principles of good lending
 Securities for bank advances
  Pledge
 Mortgage
 Hypothecation
 Charge
 Goods or documents of title to goods
 Insurance policies as security
UNIT-V- SECURITY, GUARANTEE AND REPAYMENT AND DEFAULT IN
PAYMENT
 debentures as security
 guarantees as security
 contract of guarantee and contract of indemnity
 kinds of guarantees: specific & continuing
 Surety's rights and liabilities.
 Repayment
 Interest: Rule against penalties
 Default and Recovery
 Recovery of Debts Due to Banks and Financial Institutions Act, 1993
 Establishment of; debt recovery tribunals- constitution and functioning
 Merchant Banking in India
 SEBI (Merchant Bankers) Regulations,. 1992
UNIT-VI- BANKRUPTCY AND INSOLVENCY
BANKRUPTCY
 The concept: inability to pay debt
 Jurisdiction and powers of the courts
 Transfer of property to a third person for benefit of creditors
 Transfer with intent to defeat creditors.
 Fraudulent preferences in transfer of property
 Absconding with intent to defeat the creditors
 Sale of property in execution of decree of court.
INSOLVENCY
 Adjudication as insolvent
 Notice to creditors about suspension of payment of debt and Notice by creditors.
 Procedure under Insolvency Act.
Recommended Readings
 P.N. varshney, Banking law
 SHARMA & NAINTA an introduction to banking law
 DR. R.N. CHOUDHERY Banking laws
 M.L.Tannen, Tannen's Banking Law and Practice in India,
 S.N.Gupta, The Banking Law in Theory and Practice, (1999) Universal, New
Delhi
 S.N.Gupta, Banks and the Consumer Protection Law (2000) Universal, Delhi.
 Mukherjee. T.K., Banking Law and Practice (1999), Universal, Delhi.
 The Provincial Insolvency Act 1920
 Insolvency Acts of various States
 Halisbury's Laws of England, Vol.3(2) on Bankruptcy and Insolvency (1989)
 Henry R. Cheeseman, Business Law, Ch.28 (1998), Prentice Hall, New Jersey
 C.K.Thakker, Code of Civil Procedure (2000) Eastern, Lucknow.
 Aiyar.S.K., Law of Bankruptsy (1998) Universal, Delhi.
 Criminal Psychology, Penology and Victimology
This course offers a specialist understanding of criminal policies including
theories of punishment, their supposed philosophical and sociological justifications and
the problematic of discretion in the sentencing experience of the developing' societies, a
focus, normally absent in law curricula so far.
The expert work of the U.N. Committee on Crime Prevention and Treatment of
Offenders will be availed of in this course. Especially, at each stage, the three 'D's will
be explored as offering a range of alternatives: decriminalization, dependization,
deinstitutionalization, broadly, the course will concern itself with:

 Theories of Punishment
 Approaches to Sentencing
 Alternatives of Imprisonment
 The State of Institutional Incarceration in India: Jails and other custodial
Institutions.
 The problematic of Capital Punishment
 Penology in relation to privileged class deviance
 Penology in relation to marginalized deviance of criminality
 The distinctive Indian (historical and contemporary) approaches to penology
UNIT-I Introductory

 Nature and Extent of Crime in India

 Concept of Criminology- , criminal Law, crime, Legal & Social General
approaches to crime Socio Economic Crime, organized crime, Crime as
Profession.
 Perpetrator of ordinary Crime.
 The Chronic offender, women offender, young offender.
UNIT-II
School of Criminology
 The Constitutional School of criminology-Lombroso and others, Hereditary
and Mental Retardation as cause of crime,
 Sociological theories, Sutherlands differential Association, Reckless Social
vulnerable theory,
 Multiple Causation theories, factor Responsible for causation crime
UNIT-III
 Criminal law and its administration,
  Substantive criminal law -a general view jurisdiction, Element of crime General
Exception, Parties to the crime,
 Inchoate crimes, Evidence in Criminal Proceedings, Criminal courts in India,
The Police system.
UNIT-IV
 Punitive Approaches – Punitive reaction – justification and motivation
 Kinds of Punitive Approaches.
 Retributory Theory, Utilitarian Theory Deterrent Theory,
 Corporal Punishment – fines, confiscation.
 Capital Punishment.
 Modes of Death Sentence, other Sanctions
 Compensation for injury to another.
 Plea Bargaining, prison system, Probation and Parole
UNIT-V
 Victim of Crime
 Victimology: nature and development
 Victim’s Characteristics – Police and judicial attitudes
 Role and typology of Victim
 Person needing Special attention
 Consumer Victim
 Victim and Criminal justice
 Emerging trends and Policies
 State Compensation Programmes
 Sentencing alternatives – compensation orders.
Suggested Books:
1. Katherine S Williams, Textbook on Criminology, 1999
2. Loveland, Frontiers of Criminality, 1995
3. Manheim H, comparative Criminology, 1965
4. Walker, N. Crime and Criminology, 1987
5. J.P.S. Sirohi- Criminology and penology
6. Ahamed Siddique - Criminology
 Private International Law
Objectives of the course
Conflict of law and also private international law is perhaps one of the few courses
which have been least codified and is always growing. Initially, after Independence we
were still drawing guidance from English Private International Law and even to-day we
do it often, but with a distinct determination that we have to develop this subject on our
own.
Our courts have taken this challenge well. Indian Private International Law course
cannot be taught in isolation but with guidance from English Private International law
rules since our roots in this area, like many others, have been to common law

Unit-I: Introduction

 Origin and Development of Private International Law

 Unification effects: In Europe and America.
 Stages in Private International law case choice of Jurisdiction
[first stage].
 Private International Law: Definition and Nature
 Difference between Public and Private International Law.
Unit-II: Conflict of Jurisdiction (Brussels and Lugavo Convention) and Law
 Meaning, basis of Jurisdiction,
 Limitations like effective principles and relevant CPC provisions regarding
jurisdiction Sec. 15-20, 83, 84, and 86.
 Kinds of Jurisdiction
 Action in personam – contract and tort.
 Action in rem such as matrimonial courses and probate.
 Actions under assumed discretionary jurisdiction [Interest jurisdiction] Indian
context [Sec. 10an 151 CPC].
 Choice of Law Lex Causae [Second Stage]
 Classification, characterization, categorization allocation of juridical category to
foreign element case.
 Necessity for classification – different legal concepts, talaq and dower in
different legal system.
 Various Theory – leading cases.
 Connection factor – what is connection factor lex fori to determine.
 Application of lex causae – three meaning of Lex Causae – Renvoi partial
[foreign court theory] and critical analysis of Renvoi Indian Position.
 Limitation on application of exclusion of foreign law
  Grounds of Exclusion of Foreign Laws- Public policy, Revenue Laws the Penal
Law.
Unit-III: Incidental question and time factor in Private International law
 Concept of Domicile
 Status
 Marriage
 Matrimonial Causes
Unit-IV: Incidental question and time factor in Private International law: Continued…
 Property
 Succession
Unit-V: Individual under International Contract
 Contract a leading relationship in private international law system.
 Capacity to contract - Main four theories Lex loci, Lex Domicile, Lex Situs and
Proper law.
 Formal validity - Lex Loci contracts governs.
 Essential validity – proper law is usually accepted as governing.
 Discharge of contract – Lex loci solutions governing.
 Doctrine of proper law contract subjective and objective theories.
Unit-VI: Indian Judiciary and Private International Law
 Need recognizing foreign Judgments.
 Limitations in recognizing and enforcement
 Sec 13,44, and 44-A of CPC and Sec. 41 of Indian Evidence Act.
Suggested Readings
1. Paras Diwan , Private International law 1998 – Deep and Deep New Delhi.
2. Cheshire, Private International law
3. Srumbery, Private International law.
4. A.V. Dicey, conflict of laws.
 ALTERNATE DISPUTE RESOLUTION (ADR)

OBJECTIVE OF THE COURSE:

In recent years there has been a virtual explosion of the use of a wide variety of
processes and techniques for resolving and dealing with disputes and conflicts both in
the public sector and in private arenas. This course will be, in some ways, an advanced
Civil Procedure course, examining statutes, cases and policies that affect how courts
and agencies are seeking to resolve an expanding and increasingly complex case load
and mix of ways of dealing with it. This course will critically examine recent
developments in the creation and use of methods alternative to conventional forms of
adjudication and trial for dispute resolution.
The course is required to be conducted by qualifies and expert teachers or by senior
legal
practitioners through simulation and case studies covering the following:-
i. Negotiation skills to be learnt with simulated programmes.
ii. Conciliation skills
iii Arbitration Law and Practice including international arbitration and
Arbitration Rules
Note: Alternate Dispute Resolution shall carry 50 marks for written exam,
45 marks for project & 5 marks for viva-voce.
Unit-1: Introduction
 Alternative Dispute Resolution System: Alternative to formal
adjudication Techniques processes,
 Unilateral - Bilateral - Triadic (Third party) Intervention,
 Advantages – Limitations of Unilateral - Bilateral - Triadic (Third party)
Intervention
 Distinction between arbitration, conciliation negotiation and mediation
 Distinction between judicial settlement and alternative dispute resolution
 Role of Panchayat, Role of Grama Sabhas, Lokpal, Lakayukta, Lok
Adalats, Family Courts
Unit-2: The Arbitration and Conciliation Act, 1996
Background of the Act,
Definition Clause
Appointment of “Arbitrator”, grounds for changing the arbitrator
Termination of Arbitrator
Proceedings in arbitral tribunals and enforcement of awards
Termination of Proceedings, Setting aside of arbitral award
Finality and Enforcement
 Appeals
Enforcement of foreign awards
New York and Geneva Convention
Unit-3: The Arbitration and conciliation Act, 1996 Continue...
 Section 89 and O-10, R-1 of CPC and Conciliation
 Meaning and definition of conciliation agreement
 Conciliator: Appointment, Powers and function
 Techniques of successful conciliation proceedings and enforceability
Unit-4: Other Alternative models of dispute resolution
 Family Courts, family counseling techniques
 Tribunals
 Motor Accident Tribunals
 Administrative Tribunals
 Consumer Forum
Unit-5: Miscellaneous
 Legal Services Authority Act
 Role of N.G.Os. in dispute resolution
Books Recommended:

(1)O.P. Tiwari : The Arbitration and Conciliation Act (2nd Edition): Allahabad Law
Agency.
(2)Johar's : Commentary on Arbitration and Conciliation Act, 1996: Kamal Law
House.
(3)Acharya N.K.: Asia Law House, Hyderabad.
(4)Tripathi S.C.: Central Law Agency, Allahabad.
(5)Avatar Singh: Arbitration and Conciliation, Eastern Law Book House, Lucknow.
(6)Murthy KKSR: Gogia Law Agency, Hyderabad.
(7)P.C. Rao Alternate Dispute Resolution 2001 Ed. Universal Book Traders, New
Delhi.
(8)S.D. Singh: Alternate Dispute Resolution 2001 Ed. Universal Book Traders