CONTRACTS-II (Special Contracts)
Unit 1 : Indemnity and guarantee:
1.1 : Indemnity and guarantee (Sec. 134, 127) Indian Contract Act 1872
1.2 : Contract of indemnity
(B) Rights of indemnity holder
(C) Liability of indemnifier.
1.3 : Contract of guarantee
b. Essential characteristics of contract of guarantee
c. Distinction between contract of indemnity and contract of guarantee
d. Kinds of guarantee
e. Rights and liabilities of surety
f. Discharge of surety
g. Contract of Bailment and (Sec. 148-181 of Indian Contract Act 1872).
Unit 2 : Bailment
2.1 : Definition
2.2 : Essential requisites of bailment
2.3 : Kinds of bailment
2.4 : Rights and duties of bailer and bailee
2.5 : Termination of bailment
2.6 : Pledge
b. Rights and duties of pawnor and Pawnee
c. Pledge by Non Owners.
Unit 3 : Contract of Agency (Sec. 182-238 of the Indian Contract Act 1872)
3.1 : Definition of agent
3.2 : Creation of agency
3.3 : Rights and Duties of agent
3.4 : Delegation of authority
3.5 : Personal liability of agent
3.6 : Relations of principal with third parties
3.7 : Termination of agency.
Unit 4 : Contract of sale of goods (The Indian Sale of Goods Act 1930).
4.1 : Formation of Contract
4.2 : Subject matter of Contract of Sale
4.3 : Conditions and Warrantees
4.4 : Express and Implied conditions and Warranties
4.5 : Caveat Emptor
4.6 : Property, Possession and Risk
4.7 : Passing of Property
4.8 : Sale of non-owners
4.9 : Delivery of goods
4.10 : Rights and duties of seller and buyer before and after sale.
4.11 : Rights of unpaid seller.
Unit 5 : Contracts of partnership (The Indian Partnership Act,1932).
5.1 : Definition and nature of Partnership
5.2 : Formation of Partnership
5.3 : Test of Partnership
5.4 : Partnership and other Associations
5.5 : Registration of Firms
5.6 : Effect of non-registration
5.7 : Relation of Partners
5.8 : Rights and Duties of Partners
5.9 : Properties of the Firm
5.10 : Relation of Partners to third parties
5.11 : Implied authority of a partner
5.12 : Kinds of Partners
5.13 : Minor as Partners
5.14 : Reconstitution of a Firm
5.15 : Dissolution of firm.
Unit 6 : Negotiable Instruments Act, 1881
1 : Indian Contract Act, 1872 (Sec. 124-238)
2 : The Sale of Goods Act, 1930.
3 : The Partnership Act, 1932.
4 : Negotiable Instrument Act, 1881.
5 : Cheshire and Fifoot-The Law of Contract.
6 : Chitty- on contracts (Specific Contracts) Vol-II
7 : Pollock and Mulla-Indian contracts and Specific Relief Act.
8 : Pollock and Mulla- Sale of Goods and Partnership Acts.
9 : Avtar Singh-Law of Contracts.
10 : Khargumwallah-The Negotiable Instruments Act.
11 : S.T. Desai- Partnership
12 : Bowstead- Agency
13 : Relevant volumes of the Annual Survey Published by Indian law institute.
Unit 1 : Federalism:
1.1 : Federalism-Principles-Comparative study of other Federations. Why India has a Federal Government.
1.2 : Indian Federalism-President of India-Council of state-Process of Constitutional Amendment. Identification of Federal features.
1.3 : Legislative relations between the Centre and the State
1.4 : Administrative Relations-Centre States.
1.5 : Financial Relations-centre-states
1.6 : Governor’s position from the Perspective of Federalism.
1.7 : Center’s Powers over the States-Art. 356.
1.8 : J&K-Special status.
1.9 : Critical problems of Indian Federalism. Sarkaria Commission-Greater Autonomy v. Central Control. One party domination. Emergence of Political Federalism. Growth of Regional Parties.
Unit 2 : Parliamentary government:
2.1 : West Minister Model-Indian experience before independence-Choice of
2.2 : President of India-Election, Qualifications, Impeachment, salary
2.3 : Council of Ministers-President’s constitutional position.
2.4 : Governor and State Government-Constitutional Relationship
2.5 : Legislative Process-Privileges, freedom of speech. Practice of law making etc.,
2.6 : Legislative Privileges v. Fundamental Rights. In re. Art. 143 of the
Constitution of India.
2.7 : Prime Minister-Cabinet System-Collective responsibility Individual
responsibility. President-Prime minister relation ship.
2.8 : Party system-Anti –defection law. Freedom of an A.P. /M.L.A to dissent.
Unit 3 : Constitutional process of adaptation and alteration:
3.1 : Methods of Constitutional Amendments-Written-Unwritten, Rigid-Flexible
Constitutions. Provisions which can be amended by ordinary procedure, special procedure, Review of Constitutional Amendments.
3.2 : Limitations upon Constitutional amendments Shankari Prasad, Sajjari Singh.
3.3 : Golaknath v. Punjab-Why should federal Rights be immune from the process of
3.4 : Basic structure doctrine as a limitation-Kesavanand Bharathi.
3.5 : Development of the Basic Structure Doctrine. Constituent Power of the
Supreme Court. Vaman Rao v. Minerva Mills.
3.6 : Indira Gandhi v. Raj Narain; Judicial Consensus on Basic Structure Doctrine.
3.7 : Legislative and Judicial Attempts to bury the Basic Structure Doctrine;
Legitimation of the Basic Structure Doctrine. Special Bench to Reconsider the Basic Structure Issue. Forty-second Constitutional Amendment. Forty fourth Constitutional Amendment .
3.8 : Minerva Mills and subsequent developments of the Basic Structure Doctrine. Responsibility of the Court; Activism v. Restraint.
Unit 4 : Emergency:
4.1 : Emergency-need for such a provision. Types of Emergencies, Experience in
4.2 : Proclamation of emergency-conditions-Art. 352-Effect of Emergency on
4.3 : Emergency and suspension of Fundamental Rights Arts. 358, 359- Makhan Singh Tarasikha to A.D.M. Jabalpore.
4.4 : Financial emergency.
Unit 5 : Services under the constitution.
5.1 : Doctrine of Pleasure (Art. 310)
5.2 : Protection against Arbitrary Dismissal, Removal or Reduction in Rank (Art. 311)
5.3 : Tulsiram Patel-Exceptions to Art. 311.
Unit 6 : Judicial process under the constitution.
6.1 : Judicial Review-Art. 32, 226, 227.
6.2 : Nature of Judicial Review.
6.3 : Court system in India: Backlogs, Arrears, Alternatives, Lok Adalats, etc,
6.4 : Judges, Appointments, Conditions of service etc,
6.5 : Subordinate Judiciary.
6.6 : Jurisdiction of Supreme Court and High court.
6.7 : Advisory Jurisdiction of the Supreme Court.
6.8 : Public interest Litigation.
1 : Basu.D.D -Commentary on the Constitution of India.
2 : Hidayatullah.M (Ed) -Constitutional Law of India
3 : Seervai.H.M -Constitution of India.
4 : Austin.G –Indian Constitution A cornerstone of a Nation.
5 : Banerjee.A.C –Constitutional History of India.
6 : Khanna.H.R –Making of India’s Constitution
7 : Shiva Rao.B –Framing of India’s Constitution.
8 : Jain.M.P –Indian Constitutional Law.
9 : Relevant volumes of the Annual survey published by Indian Institute.
Including Wild Life Protection Act
Unit 1 : The meaning of environment and pollution:
1.1 : Definition, as defined in the Environment Protection Act: 1986 Sec. 2(a); “Pollution” as defined in the same Act, Sec 2(a), (b), (c), (d), (e); and in the water (Prevention and Control of Pollution) Act, 1974. “Forests”, as defined in the Indian Forest Act, 1927, and the Forest conservation Act, 1980. the intended meaning of environment in Constitution, Articles 15(2) (b), 24, 39 (a), (b), (c),(e), (f), 47, 48 A, 49.
1.2 : Causative factors of Pollution.
Unit 2 : Subject matter of environmental laws:
Unit 3 : Types and functions of environmental laws
3.1 : Primary Protective Laws
3.1.1 : For human-beings: Laws pertaining to: (a) Water (b) Air, (c) Noise, (d) Nuclear radiation, (e) Toxic substances.
3.1.2 : For non human-beings: Laws pertaining to (a) Wild life (b) Marine life, (c) Forests, (d) Minor-forests, (e) restrictions on trade.
3.2 : Primary planning laws
3.2.1 : For production:Laws pertaining to: (a) Land use (b) Irrigation, (c) Industries, (d) Mining, (e) Grazing-land, (f) Catchments areas, (g) Wet land, (h) Estuaries.
3.2.2 : For distribution Laws pertaining to: (a) Land ceiling (b) Town planning/zoning, (c) Slums, (d) Housing, (e) Recreational areas, (f) Parks, (g) Sanctuaries, (h) Biospheres.
Unit 4 : Secondary laws:
4.1 : Pertaining to the administration and functioning of Pollution Control Boards;
Water-Boards; the Factories Acts, Forest Act Land Reform and Development
Acts, industries Act, etc.,
4.2 : Laws relating to the administration within the Ministry of Environment and forest.
4.3 : Laws relating to the collection, dissemination and publication of data by the
Boards of Ministry, concerning.
: a) Hazardous material, b) Endangering industries, c) Levels of pollution; and d)
Types of safety measures available and implemented.
4.4 : Laws relating to the role of the lower courts (including the Forest Courts).
Unit 5 : Tertiary laws:
5.1 : Constitutional provisions concerning inter-state relations that concern
acquisition, regulation and distribution natural resources, (Water, Forests, Mines, Oil) (with special emphasis on Art. 14, 19, 31-A, 31-B, 31-C, 39(b)&(c); Union list; 6, 52, 56, 57 State list: 17, 18, 21, 23. concurrent List: 17, 17-A, 17-B, 18, 20,and Ninth Schedule.
5.2 : Constitutional provisions: The Constitution of India Art. 14, 15, 2(b), 19(e), 21, 31-c, 32, 38, 39, 42, 47, 48-A, 49, 51, 51-A(g).
Unit 6 : International parameters of environment:
6.1 : Stockholm Declaration and its impact.
6.2 : Rio Summit
6.3 : United Nations Environmental Programme (UNEP).
6.4 : State responsibility for environmental pollution
6.5 : North South Perspective.
Unit 7 : Legal strategies regulation
7.1 : Deterrence through criminal liability, Strict liability, Absolute Liability and Vi-carious liability.
7.2 : Principles of calculating penalties and economic sanctions against offenders.
7.3 : Principles and methods of standardization
7.4 : Managerial
7.4.1 : Principles of tortuous liability
7.4.2 : Estoppel
7.4.3 : Strategies of incentives, through non-taxation, deductions etc,
7.4.4 : Methods of recovery through insurances, sureties, bonds etc,
7.5 : Environmental courts/Tribunals
Unit 8 : Rights in common law:
: Basis of occupancy, usufruct and group or collective rights of indigenous
communities in national and international laws.
Unit 9 : Natural rights theories and its advocacy in environment related issues:
9.1 : Right to life.
9.2 : Right to livelihood
9.3 : Right to reside
9.4 : Right to development
9.5 : The rights of future generations
Unit 10 : Multinational corporate liabilities:
: In the legal responsibilities of multinational funding agencies.
Unit 11 : Judicial activism and environment:
1 : Agarwal.A. (ed.,)-The State of India’s Environment the Second Citizen’s Report (1985).
2 : Chatrapathi Singh-Common property and common poverty (1985)
3 : Jayal, Bandhopadhyay and Singh (ed.,) India’s environment crises and response (1985)
4 : Leelakrishnan.P (ed.,)-Environment and the law (1986)
5 : Jain.S.N (ed.,)-Pollution Control and the law (1978)
6 : Baxi.U-The Bhopal case (1986)
Unit-1 : Need to study Jurisprudence; Its relationship with political; power structures
and just society.
Unit-2 : What is a Concept?
2.1 : Concept; Ideas and Notions
2.2 : What is Theory? Difference between theory; hypothesis; conjecture; and opinions.
Unit-3 : What is a Norm?
3.1 : Difference between maxims, rules, principles and customary rules
3.2 : Differences between Primary Rules and Secondary Rules.
3.3 : What is a Normative System
Unit-4 : Concept of Law; Its difference with laws of natural science, social sciences,
4.1 : Laws on obligation
Unit-5 : Why are Laws obligatory?
5.1 : Define and discuss the following legal concepts: liability, obligation, sanction, coercion, compulsion, duty, estoppel, promise, Dharma with case material
5.2 : Contractarian Theories: General-will theories and Free-will theories and
Autonomous theories particularly Positivist theories connected development of Austin onwards: Reference to Dworkin; Rawls and Marxian terms of the Doctrine of withering away of state, including Transcendental Theories.
5.3 : Whom does the law obligate? Personality; people; state-with particular
reference to Directive Principles of State Policy; locus standi, Randhir Singh,
Golaknath and other relevant cases.
Unit-6 : Theories of Authority
6.1 : Types of authority; legislative, judicial and customary-their binding nature.
6.2 : Binding ness with regard to Precedent. Determination of ratio and methods of
Wanbaugh, Salmond, Good Hart, Simpson’s approach in Jacob’s case. Also the
studying factors of Llewellyn (information to be provided that there is no
distinction between making and declaring, basing on Gestault psychology.
(Ref: Peter Brett)
Unit-7 : Limits on Legislative Authority
7.1 : Positivist view that there are no limits. Discuss with reference to Austin, Kelsen, Golaknath and D.C Wadhwa’s case.
7.2 : Natural Law view that the limits are defined by principles of morality or natural justice; the legislation, from whatever source, must be in accordance with such principles. Discuss with reference to Aquinas, Finnis.
7.3 : The Rationalists view that the limits are set by rational principles of justice-
Discuss with reference to Kant, Rawls.
7.4 : The Basic Structure Doctrine-that the limits are set by the Basic Structure of the
Constitution or the law itself; any legislation contrary to the basic structure is
non-law (ref: Kesavananda Bharathi’s case)
7.5 : Define and discuss the basic legal Concept of Reasonableness with reference to
Indian cases. State of Madras v. V.G. Row (1952 SC 196). Dwaraka Prasad Laxmi Narayan v. State of U.P (AIR 1954 SC 224). Krishanchanda Arora v. Commissioner of Police (1961 3 SCR 135).
Hardhan Shah v. State of West Bengal (1975 3 SCC 198).
Air India v. Nargesh Meerza (AIR 1987 SC 1829).
Maneka Gandhi v. Union of India (1978 2SCR 621).
Unit -8 : The Functions of Law
8.1 : Law as the upholder of the moral order in the society
8.2 : Concept of Dharma and connection between Law and Morality
8.3 : Law for bringing efficiency and social stability; the utilitarian views
8.4 : The differences between the ends of a legal order, a political order and a
religious order. Are they interchangeable? Can one replace another? Issue concerning the dialectics of law
8.5 : Law as a means of Social Control
8.6 : Law as Volksgeist
1 : Bodenheimer Jurisprudence - The Philosophy and Method of Law (1996), Universal,Delhi.
2 : Fitzgerald, (ed.,) Salmond on Jurisprudence (1999) Tripathi, Bombay
3 : W.Friedmann, Legal Theory (1999) Universal, Delhi.
4 : M.D.A Freeman (ed.), Lloyd’s Introduction t Jurisprudence, (1994), Sweet & Maxwell
5 : H.L.A Hart, the Concepts of Law (1970) Oxford, ELBS
6 : Dias, Jurisprudence (1994 First Indian re-print), Aditya Books, New Delhi.
Unit -1 : Evolution, Nature and Scope of Administrative Law
1.1 : From a Laissez Faire to a Social Welfare State; State as regulator of private-
interest; State as provider of services; Other functions of Modern State; Relief;
1.2 : Evolution of Administration as the fourth branch of government; Necessity for
delegation of powers on administration
1.3 : Evolution of agencies and procedures for settlement of disputes between
individual and administration
1.3.1 : Regulatory Agencies in the United States
1.3.2 : Conseil d’ Etate of France
1.3.3 : Tribunalization in England and India
1.4 : Relationship between Constitutional Law and Administrative Law and Public
1.5 : Separation of Powers: To what extent relevant to administrative functions?
1.6 : Rule of Law and Administrative Law
1.7 : Definitions of Administrative Law
1.8 : Scope of Administrative Law
1.9 : Emerging trends: Positive duties of administration under the modern social welfare legislation and compulsions of planning
Unit -2 : Bureaucracy in India
2.1 : Nature and Organization of civil service; central and State
2.2 : Its hierarchical character; Accountability and Responsiveness
2.3 : Powers and Functions
2.4 : Attainment of developmental and social welfare goals through bureaucracy;
Problems and perspectives
2.5 : Class character and Structure
2.6 : Administrative deviance; Corruption; Nepotism; Mal-administration;
Disciplinary proceedings and Prosecutions under Prevention of Corruption Act.
Unit –3 : Legislative powers of administration
3.1 : Necessity for delegation of legislative power
3.2 : Constitutionality of delegated legislation; Powers of exclusion and inclusion an
power to modify statute.
3.3 : Requirements for the validity of delegated legislation
3.3.1 : Consultation of affected interests and public participation in decision making
3.3.2 : Publication of delegated legislation
3.4 : Administrative directions; circular and policy statements
3.5 : Legislative Control of delegated legislation
3.5.1 : Laying procedures and their efficacy
3.5.2 : Committees on delegated legislation-their constitution-function and effectiveness
3.5.3 : Hearings before Legislative Committees
3.6 : Judicial Control of delegated legislation-Doctrine of Ultra Vires
3.7 : Sub-Delegation of legislative powers
Unit-4 : Judicial powers of administration
4.1 : Need for devolution of adjudicatory authority on administration
4.2 : Administrative Tribunals and other adjudicating authorities their ad hoc
character-Compare administration of justice in court with that of Tribunals
4.3 : Nature of Tribunals; Constitution; Procedure; Rules of evidence, etc., with
special reference to the following:
4.3.1 : Central Board of Customs and Excise
4.3.2 : MRTP Commission
4.3.3 : ESI courts
4.3.4 : Service Tribunals
4.4 : Jurisdiction of Administrative Tribunals and Other authorities; Distinction
between quasi-judicial and administrative functions and relevance of this
distinction in the light of recent decisions of the Supreme Court
4.5 : The Right to Hearing; Essentials of hearing process, Bias (no one can be a
judge in his own cause); Oral Hearing, etc.,
4.6 : Rules of Evidence- No evidence; some evidence and Substantial evidence rules
4.7 : Requirements regarding Reasoned Decisions.
4.8 : The Right to Counsel
4.9 : Institutional Decisions
4.10 : Administrative Appeals
4.11 : Council on Tribunals and Inquiries in England
4.12 : US Regulatory Agencies and Administrative Procedures Act, 1946
4.13 : Emerging trends of Tribunalization in India as a means to relieve congestion in the courts and utilization of administrative expertise
Unit -5 : Judicial Control of Administrative Action
5.1 : Preliminary
5.1.1 : Courts as the final authority of determine legality of administrative action;
Problems and Perspectives
5.1.2 : Exhaustion of Administrative Remedy
5.1.3 : Standing; Standing for Social Action Litigation
5.1.4 : Laches
5.1.5 : Res Judicata
5.2 : Grounds of Judicial Review: Scope of judicial review
5.2.1 : Jurisdictional error/ultra vires
5.2.2 : Abuse and non exercise of jurisdiction
5.2.3 : Error apparent on the face of the record
5.2.4 : Violation of Principles of Natural Justice
5.2.6 : Primary jurisdiction
5.2.7 : Absence of ripeness
5.2.8 : Political Question
5.2.9 : Doctrine of Legitimate Expectation
5.3 : Methods of Judicial Review
5.3.1 : Statutory Appeals
5.3.2 : Mandamus
5.3.3 : Certiorari
5.3.4 : Prohibition
5.3.5 : Quo-warranto
5.3.6 : Habeas corpus
5.3.7 : Declaratory Judgment and Injunctions
5.3.8 : Specific Performance and civil suits for compensation
5.3.9 : Fact-finding Commissions
Unit -6 : Administrative Discretion
6.1 : Need for administrative discretion
6.2 : Administrative discretion and Rule of Law
6.3 : Malafide exercise of discretion
6.4 : Constitutional imperatives and use of discretionary authority
6.5 : Irrelevant Considerations
6.6 : Non-exercise of discretionary power
6.7 : Discretion to prosecute or to withdraw prosecution
6.8 : Limiting, confining and restructuring discretion-general discretion,
Unit-7 : Liability for wrongs: (Tortuous and Contractual)
7.1 : Tortuous Liability: Sovereign and Non-sovereign functions
7.2 : Crown Proceedings Act of UK and Torts Claims Act of US
7.3 : Statutory Immunity
7.4 : Act of State
7.5 : Contractual liability of Government
7.6 : Government privilege in legal proceedings; State secrets, Public interest, etc.,
7.7 : Right to Information and Open government
7.8 : Estoppel and Waiver
Unit 8 : Corporations and Public undertakings
8.1 : State Monopoly; Remedies against arbitrary action or for action against public
8.2 : Liability of public and private corporations of departmental undertakings
8.3 : Legal Remedies
8.4 : Accountability; Committee on public undertakings, Estimates committee, etc.,
Unit-9 : Informal methods of settlement of disputes and grievance redressal procedure
9.1 : Conciliation and mediation through Social Action Groups
9.2 : Use of media, lobbying and public participation in policy making
9.3 : Public inquiries and Commissions of inquiry
9.4 : Ombudsman, Parliamentary Commissioner
9.5 : Lok pal, lok ayukta
9.6 : Vigilance Commission
9.7 : Congressional and Parliamentary Committees
1 : D.D.Basu,Comparative Administrative Law (1998).
2 : Wade,Administrative Law (Seventh Ed, Indian print 1997), Universal ,Delhi
3 : J.C.Garner, Administrative Law(1989)
4 : M.P.Jain, Cases and Materials on Indian Administrative Law, Vol.I and II (1996)Universal,Delhi.
5 : Jain & Jain, Priniciples of Administrative Law (1997),Universal Delhi.
6 : P.Sathe,Administrative Law (1998) Butterwroths-India,Delhi.