Professional Documents
Culture Documents
Raipur
Illodule 5- Banking
Reserve Bank of India, Commercial Banks. Capital Market.
Retbrcnce Books:
I. lllahaian and Sundrarn '. lndiun l.)<tnrn^'. S. Chand. New Delhi
2. llimaf Jalan ,lndian Econom-v ,Penguin Books India.
3. K.N.Prasad, /zdian E<,onomy .Al lantic Publications.
-1. R.K.Gupta J.R.Gtpta" lndian Economl,, Atlantic Publication.
5. l)Lrrohit S C. lndian l)c,nomt- Paradis!- Publishcrs.
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Hidayatullah National Law University
Paper- II: (Political Thought)
(Traditions in Western and Indian Political Philosophy)
Political thought is that branch ofhuman thought which inquires into the nature, purpose and
goals of political activity. It suggests the methods to be followed for conducting such an
inquiry. It endeavours to prescribe the means and methods of achieving the ideal state and
govemment. It can be described as a philosophic scientific enquiry and a normative-
prescriptive study of the natue and foundations of political activity and behaviour. In other
words, it is a rational quest of reliable knowledge, an attempt at scientific explanation
combined with consideration of normative ideas and prescriptive ideals aimed at improving
the quality of political life.
The course aims at acquainting the undergraduate students wilh the broad intellectual
traditions in Westem and Indian political philosophy that decisively shaped the contours of
political thought. It covers a few representative philosophers chronologically in the history of
ideas and aims to evaluate their philosophy with specific reference to the context in which
particular thinkers lived and the historical factors that shaped their ideas. The interpretation of
these thinkers involves striking a balance between the text and the context, and relates to the
core ideas of each of the thinkers. The students are expected to study the key ideas of the
following westem and lndian political thinkers.
2. Aristotle
2.1 Life and Works
2.2 Theory of State and Ideal State or the Best Sate
2.3 Theory ofJustice
2.4 Revolution
2.5 Slavery
2.6 Citizenship
2.7 Aristotle's Contribution to Political Thought
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The Renaissance Tradition
3. Nicolo Machiavelli
3. I Life and Works
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3.2 Machiavelli as a Modern Thinker
3.3 Machiavelli on Human Nature
3.4 Ideas Morality and Religion
3.5 Ideas on State and Its Preservation as reflected in Prince
3.6 Machiavelli's Contribution to Political Thought
4. Thomas Hobbes
John Locke
5.1 Life and Works \'
5.2 Ideas on Human Nature
5.3 State of Nature
5.4 Social Contract
5.5 Views on State & Revolution
5.7 Locke as an Individualist
5.8 Locke's Contribution to Political Thought
7. Jeremy Bentham
7.1 Life and Works
7.2 Utilitarianism of Bentham
7.3 Bentham on State and Govemment
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7.5 On Reforms in Law and Justice Administration System
7.6 On Punishment and Prison Reforms
7.7 Bentham's Contribution to Political Thought
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8.5 Mill as a champion of Women's Rights
8.6 Mill as a Democrat
8.7 Mill's Contribution to Political Thought
Reading List
Basic Texts
Aristotle, The Politics, Translated Emest Braker, Oxford, Oxford University Press, 1998 edn.
Hobbes, Thomas, The Leviathan, Amherst New York, Prometheus Books, 1988.
Hegel, Georg Wilhelm Fredrik, Ile Philosophy of Right, Translated by T.M. Knox Oxford,
Oxford University Press, 1942.
Machiavalli, Niccolo , The Prince and The Discourses, translated L. Ricci, New York,
I / Modem Librarv. 1950.
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Kart, Political llriting, Translated by H.B Nisbet, edited by Hans Reiss, Cambridge,
Cambridge University Press, 1991.
Secondary Texts
George H Sabine and Thomas L Thorson, A History of Polilical Theory, Oxford, & IBH
Publishing Co. Pt.Ltd, New Delhi, 1973. (Available in HNLU Library)
Quentin Skinner, The Foundations of Modern Political Thought Vol-I and 14 Cambridge
University Press, Cambridge, 2007. (Available in HNLU Library)
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Wolin, Sheldon 5., Politics and Vision, Princeton University Press, Princeton ,2006.
(Available in HNLU Library)
Meht4 V. R., Foundations of Indian Politicql Thought, New Delhi, Manohar Publishers,
1992. (Available in HNLU Library)
Arora Prem and Grover Brii, Selected Western and Indian Political Thinkers, Cosmos
Bookhive (P) Ltd, New Delhi, 1998. (Available in HNLU Library)
Ian Adams and R.W. Dyson, Fi/ry Great Political Thinkers, Routledge, London, 2004.
Sukhbir Singh, History of Political Thought vol-l and II, Rastogi Publications, Meerut, 2003.
Strauss, Leo and Joseph Cropsey edited. History of Political Philosophy. Chicago, University
of Chicago Press, 1973.
Mehta, V.R. and Thomas Pantham (eds), Political ldeas in Modern India: Thematic
Explorations, Sage Publications, New Delhi, 2006.
Pantham, Thomas and Kenneth L. Deutsch (ed), Political Thought in Modern India, New
Delhi, Sage, 1986
Parekh, Bikhu and Thomas Pantham (ed), Political Discopurse, Explorations in Indian and
llestern Politicql Thought, New Delhi, Sage, 1987.
Pantham, Thomas and Kenneth L. Deutsch (eds), Political Thought in Modern India, New
Delhi, Sage, 1986.
Dalton, Dennis Gilmore, India's ldea of Freedom; Political Thought of swamy vivekananda,
Arobindo Ghose. Mahatma Gandhi and Rabindranath Tagore' Academic Press, 1982'
Avineri Shlomo, Hegel's Theory of the Modern State, Cambridge, Cambridge University
Press, 1972.
Beiner, Ronald and William James Booth, Kant and Political Philosophy New Haven, Yale
University Press, 1993.
Cohen, G.A, Karl Marx's Theory of History, Oxford, Oxford University Press, 1978'
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Macpherson, C.8., The Political Theory of Possessive Individualisrz, Oxford, Oxford
Pocock J.G. A., The Machiavellian Moment, Princeton, N.J., Princeton University Press,
1975.
Raphaef D.D., Hobbes: Morqls and Politics, Great Britain, Cambridge .University Press,
1977.
Rawls, John, Lectures on the History of Moral Philosophy, Cambridge, Harvard University
Press,2000.
Reiss, Hans, Kutt Political Writings, Cambridge, Cambridge University Press, 1970.
Taylor, Charles, Hegel, Catr$idge, Cambridge University Press, 1975.
Nelson, Brian, llestern Political Thought: From Socrates to the Age of ldeologt, Prentice
Hall (2'd Edition), 1995.
Boucher, David & Paul Kelly (eds.), Political Thinkers: From Socrates lo the Present,
Oxford University Press (2nd Ed.), 2009.
Jha, Shefali, Ilestern Political Thought: From Plato to Marx, Pearson Publications.
CoNtnlct - Ir svlr-lrus
INDIAN CONTRACT ACT. INDIAN PARTNERSHIP
ACT. SALE OF GOODS ACT AND OTHER SPECIFIC CONTRACTS
INTRODUCTION:
.Zs has atready been examined in the last semester through an
intensive study of the general principles of contract, the essence of all commercial
transactions is but regulated by the law of contract. The expansion of commercial
activities at a global market environment makes the understanding of the law of contract
even more critical. Further, a lucid understanding of the fundamental principles of
Specia[ Contracts facilitates not only resolving the disputes arising out of such contracts
but also in the drafting of contractual instruments.
The law of Special Contracts is marked by the peculiar and mostly
predictable legal relationship subsisting between the parties. The frequency ofthese kinds
of transactions in the affairs of men has led to the development of established rules of
prescriptions and prohibitions determining the implications and permissible possibilities
ofthese kinds ofcontractual relations. The fundamental principles ofcontractual relations
continue to apply the special forms of contract unless specifically excluded; as in case of
the rule ofconsideration in case ofcontract ofagency.
The Law of Special Contracts can be classified under two very
broad categories, viz. special contracts of personal relationships and special contracts of
property related transactions. Again contracts relating to property may further be
classified in to two broad categories viz, contracts relating to movable property and
contracts relating to immovable property. New addition to this classical division is the
contracts relating to intellectual property rights appropriation.
Beyond the lndian Contract Act, the law relating to special
contracts covers various transactions such as mortgage, lease, exchange and negotiable
instruments, employment contracts, security contracts, lechnology transfer contracts,
software licensing contracts, service contracts etc. The legal dimensions of some of such
contracts will be more properly and elaborately dealt in subsequent courses such as
employment contracts as part of Labour Law, security contracts as part of Corporate
Laws I and II and Mortgage, License etc. relating to immovable property as part of
Transfer of Property and so on.
As a part the foundational course, the focus here is confined to
the special contracts detailed in the Indian Contract Act, the law of sale of goods and the
law of partnership, negotiable instruments, govemment contracts and infrastructure
contracts and also at the recent developments in the field ofspecial contract.
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OBJECT OF THE COURSE:
The primary goal of this course is to acquaint the students with the basics of Special
Contracts and enable them to grasp the nuances of the contractual transactions involving
these forms ofcontracts. At the conclusion of this course students will be able to analyze
the implications of a contractual arrangement falling under any of the discussed head of
special contracts. They will be able to determine the legality ofthe transactions and also
the rights and duties of the parties thereto. They will also be able to purposefully deal
with the disputes arising out of such contractual arrangements.
In addition, this course will consider how the evolution of these contractual
principles has impacted the changing business environment and also the effect ofthe later
on the former. we would seek to determine the functions of these contractual forms in
societ al evolution and business institutions.
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COURSEMODULES:
l. Indemnitv:
l.l. The concept
L2. Need for indemnity to facilitate commercial transactions.
I .3. Definition of Indemnity
1.4. Nature and extent of liability of the indemnifier
I .5. Commencement of liability of the indemnifier
I .6. Situations ofvarious types of indemnity creations.
I .7. Documents/agreements of indemnity
I .8. Nature of indemnity clauses.
2. Guarantee:
2.1. The concept.
2.2. Definition ofguarantee: as distinguished from indemnity.
2.3. Basic essentials for a valid guarantee contract.
2.4. Position of minor and validity of guarantee when minor is the principal debtor,
creditor or surety.
2.5. Continuing guarantee.
2.5.1. Nature of surety's liability
2.5.2. Duration and termination of such liability
2.6. Illustrative situations of existence of continuing guarantee.
2.6,1 Creation and identification of continuing guarantees.
2.8. Rights of surety:
2.8. I . Position of surety in the eye of law
2.8.2. Variousjudicial interpretations to protect the surety.
2.9. Co-surety and manner of sharing liabilities and rights.
2.10. Extent of surety's liability.
2. I I . Discharge of surety's liability.
3. Bailment:
3.1. Identification of bailment contracts in day today life.
3.1.1 . Manner of creation of such contracts
3.2. Commercial utility of bailment contracts
3.3. Definition of bailment
3.4. Kinds of bailees
3.5. Duties of Bailor and Bailee towards each other
3.6. Rights ofbailor and bailee
3.7. Finder ofgoods as a bailee.
3.7.1. Liability towards the true owner.
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3.7.2. Obligation to keep the goods safe
3.7.3. Right to dispose offthe goods.
4. Pledee:
4.1 . Pledge: comparison with bailment
4.2. Commercial utility of pledge transactions
4.3. Definition ofpledge under the lndian contract Act
4.4. Other statutory regulations(State & Centre)regarding pledge, reasons for the same
4.5. Rights ofthe pawner and pawnee.
4.5.1. Pownee's right ofsale as compared to that ofan ordinary bailee
4.6. Pledge by certain specified persons mentioned in the Indian Contract Act.
5. Agencv:
5.1. Identification of different kinds of agency transactions in day to day life in the
commercial world
5.2. Kinds ofagents and agencies.
5.2.1. Distinction between agent and servant.
5.3. Essentials of a agency transaction
5.4. Various methods of creation of agency
5.5. Delegation
5.6. Duties and rights ofagent
5.7. Scope and extent ofagent's authority.
5.8. Liability of the principal for acts of the agent including misconduct and tort of the
agent.
5.9. Liability ofthe agent towards the principal.
5.10. Personal liability towards the parties
5.1 L Methods oftermination of agency contract
5.1 I .l . Liability ofthe principal and agent before and after such termination.
6. Sale of Goods:
6.1 . Concept of sale as a contract
6.2. Illustrative instances of sale of goods and the nature of such contracts.
6.3. Essentials of contract ofsale
6.4. Essential conditions in every contract of sale
6.5. Implied terms in contract of sale
6.6. The rule ofcaveat emptor and the exceptions thereto under the Sale ofGoods Act.
6.7. Changing concept ofcaveat emptor
6.8. Effect and meaning of implied warranties in a sale
6.9. Transfer of title and passing ofrisk
6.10. Delivery ofgoods: various rules regarding delivery ofgoods.
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6.1 I . Unpaid seller and his rights
6.1.2. Remedies for breach ofcontract
7. Partnershin:
7.l. Nature of partnership: definition
7.2. Distinct advantages and disadvantages vis-d-vis partnership and private limited
company
7.3. Mutual relationship between partners
7.4. Authority of pa(ners
7.5. Admission of partners.
7.6. Outgoing of partners.
7.7. Registration of Partnership
7.8. Dissolution of Partnership
Biblioeraphv:
l. R.K.Abhichandani (ed.), Pollock and Mulla on Contracts and Specific Relief Acts
( I 999) Tripathi,Bombay
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Syllabus Semester II-English Literature (f anuary-April 2077)
1. Short Stories:
a. The gift of Magi (O Henry)
b. The Country of the Blind (H.G. wells)
c. Where love is, God is. (Leo Tolstoy)
d. The Goblins and the Grave Digger (Charles Dickens)
e. Ni8htinBale and the Rose (Oscar Wilde)
f. The Verger (Somerset Maugham)
g. God Sees the Truth but Waits (Leo Tolstoy)
h. The Bet (Anton Chekhov)
i. After Twenty Years (O Henry)
2. Poetry:
a. On his Blindness (John Milton)
b. The Cloud (P.B Shelley)
c. A Psalm of tife (H.W. Longfellow)
d. lf (Rudyard Kipling)
e. The Slave's Dream (H.W. Longfellow)
f. Death be not Proud (John Donne)
g. On Valediction Forbidding Mourning (John Donne)
h. A Prayer for My Daughter (W.8. Yeats)
3. Essays:
a. of Studies (Bacon)
b. Sir Roger at Home (Addison)
c. Dream children- A Reverie (charles Lamb)
d. On Saying Please (A.G. Gardiner)
e. Bores (E.V. Lucas)
4. literary Works of Great Jurists:
a. M Hidyatullah- A judges Miscellany
i.Chapter- Law and Education
ii.Chapter- Lawyers- Born or made
b. Nani Palkhiwala- We, the people
i. Convocation Addresses
(1) The treason of the intellectual
(2) work - The prerogative of intelligence
(3) Obedience to the unenforceable
5. Speeches:
a. The pleasure of books - William Lyon Phelps
b. Portia's Speech on Mercy - William Shakespeare
c. All the world's a stage - William Shakespeare
d. Polonious' Advice to his son - william Shakespeare
e. Tryst with Destiny- Jawaharlal Nehru
Extra Readings:
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SESSION:JANUARY TO APRIL 2017
Ig@!8ryIl[gCourse:
Family Law is the branch of law, which touches each and every individual of the society. It
govems an integral part ofthe life ofthe individual.
ln India we have a strange spectacle of personal laws. They owe their diversity to their varied
origin, distinct principles and the bulk of substantive law itself. The personal laws play a vital role in
goveming the conflicting interest of the individuals. In India in personal mafters there is no national
or regional law. Personal law ofa person is not determined by his domicile or his nationality but by
his membership of the community to which he belongs.
Study of Family Law is Unique. It is not like the rest of the civil laws. It lacks uniformity in
application. It covers an enormous area of domestic relations such as marriage, matrimonial remedies,
legitimacy of children, custody, guardianship, adoption, intestate and testamentary succession etc. so
because of compulsion the sheer bulk of Family Law in divided into two as family LawJ and Family
Law ll. Family LawJI deals with laws relating to Hindu Joint family, devolution of ancestral or
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coparcenary property, succession to separate property ofa Hindu and the Muslim law relating to gifts,
wills and inheritance.
In India persons belonging to different religious communities live together and each
community have their own personal law. Therefore the courts enforce different personal laws for
different individuals depending on the religion to which he belong.
The Hindus are govemed by the Hindu Law. The Muslims are governed by Muslim Personal
law. The other religious communities have their own Personal Law. Personal law of one religious
community cannot be applied to persons belonging to another religious community.
The course is designed to analyze the presence of different personal laws for different
community to and to discuss in detail the personal laws of Hindus and Muslims.
PARTA-HINDULAW
) What is Family?
! Characteristics of Family "s
) Types of Family
Module III- Sources of Hindu law
) Ancient
F Modem Sources
Module IV- Schools of Hindu Law
) Mithakshara School of Law
D Dayabhaga School ofLaw
) Joint Family and coparcenary.
Module V- Application of Hindu law
) Who are govemed by Hindu law?
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Module XI- Dissolution of Marriage
) Theories of Divorce.
) Grounds of Divorce
) Judicial separation and their grounds
) Distinction between Divorce and Judicial separation.
Module XII- Minority and Guardianship under Hindu law
PARTB.MUSLIMLAW
Part I- Origin and Development of Muslim Law
References
Articles
. "Age ofthe parties to Mary : Some unsolved issues"by Dr. Rakesh Kumar Singh (August)
AIR 2006 Page 120
o "Alimony under Hindu Marriage Act: An Overview"by Dr. Rakesh Kumar Singh (March)
AIR 2006 Page 4l
. "Codification of Hindu Law: Myth and Reality" by MadhuKishwar. Economic and Political
Weekly, Vol.29, No.33 (Aug. 13, 1994), pp.2145-2161
o "Cruelty - A Ground of Divorce"by Dr. AnjuTyagi (October) AIR 2006 Page 153
o "Family Court Amicus Curiae"by S.A. Karin (October) AIR 2006 Page 159
o "Family law and Religion: An Indian Experience" by Anil Malhotra and RanjithMalotralndia
and Intemational Law: Introduction, edited by Bimal N. Patel. Volume II 487-513
o "Gender Justice - The Constitutional Perspectives and the Judicial Approach"by Miss Sheetal
Mishra (April) AIR 2006 Page 53
o "Revamping of Adoption Laws : A Critique of the Hindu Adoptions and Maintenance Act,
l956"by VanshaiaShukla (July) AIR 2006 Page I 08
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Hidayatullah National Law University, Raipur
Syllabus for Second Semester
\-/ Biographical Sketch, Methodology, Law of Three Stages, Hierarchy of the Sciences,
Scientific Theory of Morality & Religion of Humanity, Positivism
Biographical Sketch, Theory of Social Engineering, Jural Postulates (l-5), Social Justice,
Values, A Consensus Model of Society, End or Purpose of Law, Theory of Interest, and
Classifi cation of Interest.
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Unit 7: M.N. Srinivas (1916-1999)
Biographical Sketch, Social Capital, Cultural Capital, Economic Capital, Human Capital
& Theory of Cultural Reproduction
Life world, Public Sphere, Critical theory, Speech Communities, Civil Society
Selected Readings
Anthony Giddens ( l97l ). Capitalism and Modem Social Theory - An analysis of the writings of
Marx, Durkheim and Weber, Cambridge University Press.
Kenneth Allan. Contemporary Social and Sociological Theory. Sage Publication
Lewis A. Coser. Masters in Sociological Thought. Rawat Publications.
Reymond Aron. Main Currents in Sociological Thought, Vol. I and II, Penguin.
Scott Appelrouth. Sociological Theory in Contemporary Era. Sage Publications
Timasheff, Nicholas S. Sociological Theory, NewYork: Random House.
S.L.Doshi. Modernity, Postmodemity and Neo- Sociological Theories, Rawat Publications
N. V. Paranjape (2013). Studies in Jurisprudence and Legal Theory, Sixth Edition, Central Law \v1
Agency, Allahabad.
Jean Baudrillard. Selected Writings, Cambridge: Polity.
B.K. Nagla. Indian Sociological Thought. Rawat Publications.
Pierre Bourdieu, On Television, Trans. Priscilla P Ferguson, New York, The New Press.
V.D.Mahajan (2013). Jurisprudence and Legal Theory, Eastern Book Company, India
A. K. Koul (2009). A Text Book of Jurisprudence, Satyam Law Intemational, New Delhi
M.D.A. Freeman (2008). LLOYD'S Introduction to Jurisprudence, Sweet & Maxell: Thomson
Reuters.
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