Semester - VIII

SYLLABUS

FOR

FIVE YEARS INTEGRATED

BACHELOR DEGREE IN LAW
(B.A. LL.B (H))

SIKSHA ‘O’ ANUSANDHAN NATIONAL INSTITUTE OF LAW

Siksha ‘O’ Anusandhan
(Deemed to be University)
University
Ghatikia, Kalinga Nagar, Sum Hospital Road
Bhubaneswar - 751003
 SEMESTER – VIII
SUBJECT: CIVIL PROCEDURE CODE – II & THE LIMITATION ACT
PAPER CODE: LC 422
Objective: The paper will focus on the civil procedures followed in instituting a suit. The
students will be familiarized with certain important concepts and practical skill development
activity will provide insights into the actual working of the court procedures and to equip
students with the knowledge of the important provisions of Limitation Act.

Unit-I Suits in Special Cases

a) Suits by or against the Government, Partnership Firms
b) Suits by or against Minor & Lunatics, Interpleader Suit
c) Suits by Indigent Persons, Mortgage Suits, Suits relating to Public
Nuisance
d) Suits relating to Public Trusts, Friendly Suits, Summary Suits, etc

Unit-II Execution Proceedings

a) Meaning, Nature, Scope, Courts Executing Decrees
b) Application of Execution, Stay of Execution
c) Mode of Execution
d) Question to be determined by the Executing Court

Unit-III Appeal, Reference, Review, Revision

a) Appeals – First Appeals, Second Appeals, Appeals to the Supreme
Court, Appeals from Orders, Appeal by Indigent Persons
b) Powers of Appellant Court, Reference
c) Review, Revision
d) Other Miscellaneous Provisions – Transfer of Cases, Restitution,
Caveat, Inherent Power of the Courts

Unit-IV Indian Limitation Act, 1963

a) Meaning, Nature & General Principles
b) Limitation of Suits, Appeals & Applications
c) Computation of period of Limitation
d) Acquisition of Ownership by Possession & other Miscellaneous
Provisions

Text Books
1. Code of Civil Procedure, 1908 (Relevant Provisions).
2. C.K. Takwani, Code of Civil Procedure.
3. Mulla, Code of Civil Procedure.
4. Sarkar, Code of Civil Procedure.
5. M.P. Tandon, Code of Civil Procedure.
6. Mulla, D.F., Civil Procedure Code (Students Edition)
7. Mulla, D. F., Civil Procedure Code: The Key to Indian Practice.
8. Nandi, Code of Civil Procedure.
9. Saha, A.N., The Code of Civil Procedure.
10. Takwani, C.K., Civil Procedure.
11. Tandan, M.P., Code of Civil Procedure.
12. Mehta, Code of Civil Procedure.
13. Singhal, Civil Court Practice and Procedure.
14. Ganguly, Civil Court Practice and Procedure.
15. Woodroffe and Ameer Ali, Code of Civil Procedure.
16. Desai, T.R., Law of Limitation Act.
17. Mitra, T.N., Law of Limitation and Prescription.
18. Rustomuji, Limitation.
19. Pendey, D.N., Limitation.
20. Mondal, A.H., Civil Procedure Code.

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 SEMESTER – VIII
SUBJECT: LABOUR LAW –I
PAPER CODE: LC 423
Objective: Popularly referred to as the Social Security Law, this course aims to introduce the
students to the concept of welfare of workers which is all the more important in the era of
privatization. The course attempts this by way of reference to various statutes. This paper
focuses on various aspects of management of labour relation and dispute settlement bodies
and techniques and also emphasizes on wage policies, compensation caused during the course
of employment and working conditions of employees.

Unit-I Introduction to Labour Law & Industrial Disputes Act, 1947 - I

a) Industrial Jurisprudence, Object and Scope of I.D. Act, 1947
b) Interpretation of Important Terms
c) Authorities, Reference of Disputes
d) Procedure, Power & Duties of the Authorities

Unit-II Industrial Disputes Act, 1947 – II & The Trade Union Act, 1926 - I
a) Strike & Lock outs, Lay off & Retrenchments, Special Provisions
relating to Lay Off, Retrenchments and Closer of Certain Institutions
b) Disciplinary action, Domestic Enquiry, Unfair Labour Practices,
Penalties & other Miscellaneous Provisions
c) Trade Unionism in India, Interpretation of Important Terms
d) Registration & Cancellation of Registration

Unit-III The Trade Union Act, 1926 – II, Industrial Employment (Standing
Orders) Act, 1946
a) Rights and Liabilities of Registered Trade Unions, Recognition of Trade
Unions
b) Trade Disputes & Collective Bargaining, Penalties & other
Miscellaneous Provisions
c) Application of the Act & Interpretation of Important Terms
d) Provisions relating to Standing Orders

Unit-IV The Factories Act, 1948

a) Object, Application & Interpretation of Important Terms
b) Health, Safety & Welfare Measures
c) Working hours of the adults, Employment of Women & Young Persons
d) Annual leave with Wages, Penalty & other Miscellaneous Provisions

Text Books
1. R.F. Rustomji: The Law of Industrial Disputes in India.
2. J.N. Malik: Trade Union Law.
3. Bagri: Law of Industrial Disputes, Kamal Law House, Delhi.
4. Srivastava: Law of Trade Unions., Eastern Book Company.
5. Dr. V.G.Goswami, Labour and Industrial Law, Central Law Agency,
Allahabad.
6. S.N.Mishra, Labour and Industrial Law, Central Law Agency, Allahabad.
7. Khan and Khan Labour Law, Asia Law House, Hyderabad.
8. Bonded Labour System (Abolition) Act, 1976.
9. Inter State Migrant Workmen (Regulation of Employment and Conditions
of Service) Act, 1979.
10. Malhotra, The Law of Industrial Disputes Ovl. Land II, Universal, Delhi.
11. D.D. Seth, Commentaries on Industrial Disputes Act, 1947, Law Publising
House, Allahabad.
12. ILI, Labour Law and Labour Relations Pts. 3,4,6, 7, 9 and 11.
13. 6 Cochin University Law Review, Special Number on Industrial Relations
Legislation.
14. Arjun P. Aggrawal, “Conciliation and Arbitration of Labour Disputes in
Australia”.
15. D.C. Jain, “Meaning of Industry: Widerness of Conjectural Justice”.
16. T.N. Singh, “Futuristic Industrial Jurisprudence Poser”.
17. S.C. Srivastava, Industrial Relations and Labour Law.

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 SEMESTER - VIII
SUBJECT: LAW OF EVIDENCE –II
PAPER CODE: LC 424

Objective: The basic aim of producing evidence is to facilitate the judge to arrive at a
rational conclusion with respect to the matters disputed before him. For this, Indian Evidence
Act has within its fold four fundamental principles best evidence, relevancy, admissibility
and appreciation. This paper is to orient students with importance of evidence for
establishment of claims and the related rules and principles on contemporary basis.

Unit- I The Burden of Proof

a) Meaning , Nature (Sec – 101)
b) On whom burden of proof Lies, Burden of proof as to particular fact,
Case of an accused coming within exception, fact within knowledge, as
to ownership, etc (Sec 102 – 111)
c) Presumption as to certain offences, Conclusive proof of legitimacy,
Proof of cession of territory, presumption as to abetment of suicide,
presumption as to Dowry Death (Sec- 111A – 113B)
d) Court may presume existence of certain facts, Presumption as to
absence of consent in case of Rape (Sec 114 & 114A)

Unit- II Estopple, Competency of Witness & Privileged Communication

a) Meaning, Principle, Nature, Scope & Kinds (Sec – 115)
b) Estopple of tenant and of licensee of person in possession, Estopple of
acceptor of bill of exchange, bailee or licensee (Sec – 116 – 117)
c) Competency of witness (Sec 118 - 121)
d) Privileged Communication, etc (Sec 122 – 131)

Unit- III Accomplice and the Examination of Witness

a) Incriminating Questions, Competency of Accomplice as a witness,
Number of witness (Sec 132 - 134)
b) Order of production and examination of witnesses, Judges to decide
the admissibility of the evidence, Examination of witness, Order of
Examinations, etc (Sec 135 - 138)
c) Cross examination of persons called to produce a document &
Witnesses to character, Leading Questions (Sec 139 – 140, 141 - 143)
d) Evidences relating to matters in writing, (Sec 144)

Unit- IV Proof of Facts

a) Cross examination, Indecent Questions, etc (Sec 145 - 152)
b) Exclusion of evidence to contradict answers, Hostile Witness (Sec 153 &
154)
c) Impeaching Credit of Witness, Corroboration of Evidence, Refreshing
Memory (Sec 155, 156 – 158, 159 -161)
d) Other Miscellaneous Provisions & Improper Admission and Rejection
of Evidence (Sec 162 – 166, 167)
Text Books
1. Rattan Lal Dheeraj Lal, Evidence Act.
2. Avtar Singh, Principles of Law of Evidence.
3. Monir, Law of Evidence.
4. Batuklal, The Law of Evidence.
5. Dayal, R., Indian Evidence Act.
6. Ganguly, B. Indian Evidence Act.
7. Panday, G.S., Indian Evidence Act.
8. Satish Chandra, Indian Evidence Act.
9. Tandon, M.P., Indian Evidence Act.
10. Faiz Ahmed, Expert Evidence.
11. Field, Law of Evidence.
12. Monir, Principles and Digest of Law of Evidence.
13. Sarathi, Vepa, Law of Evidence.
14. Subba Rao, G. C. V., Law of Evidence.
15. V. Krishnamachary- The Law of Evidence

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 SEMESTER - VIII
SUBJECT: COMPETITION LAW (OPTIONAL)
PAPER CODE: LO 425
Objective: The course seeks provide fundamentals of market economy and extensive
knowledge of application of competition policy in India owing to the increasing competitive
process in developing economies because of globalization and liberalization.

Unit-I Introduction and Historical Background

a) Drawback of MRTP Act, Nature & Scope of Competition Law
b) Definition, Objective & Basic Concepts
c) Restrictive Trade Practices & Unfair Trade Practices
d) Competition Law in India, UK & USA

Unit-II Prohibition of Certain Agreements

a) Prohibition of Anti Competitive Agreements & Practices
b) Abuse of Dominant Position
c) Regulations of Combination
d) Remedies available in Competition Act.

Unit-III Competition Commission in India

a) Establishment, Composition & Term of Office, etc
b) Duties of the Commission, Inquiry into Certain Agreements &
Dominant position of Enterprise
c) Procedure for Investigation of Commission U/S 19, Inquiry into
Combination
d) Duties of Director General

Unit-IV Penalties & Competition Appellate Tribunal

a) Contravention of Orders of Commission, Penalty and Compensation,
Penalty for failure to comply with directions of Commission and
Director General, Power to impose penalty for non-furnishing of
information on combinations, contravention by companies
b) Finance , Accounts & Audit
c) Competition Appellate Tribunal – Establishment & Composition
d) Appeal to Appellate Tribunal, Procedures and Powers of Appellate &
Awarding Compensation
Text Books
1. Competition Act, 2002.
2. Security Contract (Regulation) Act, 1956.
3. SEBI Act, 1992.
4. Depositories Act, 1996.
5. Foreign Trade (Development & Regulation) Act, 1992.
6. Foreign Exchange Management Act, 1999.
7. Taxman's Student's Guide to Economic Laws.
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 SEMESTER - VIII
SUBJECT: INFORMATION TECHNOLOGY LAW AND CYBER
CRIME (HONOURS)
PAPER CODE: LH 426

Objective: The objective of this programme is to enable learners to understand, explore, and
acquire a critical understanding of Cyber Law. The students will be able to acquire depth
knowledge of Information Technology Act and legal frame work of Right to Privacy, Data
Security and Data Protection. This introduces the students to the underlying philosophy of
the subject and its relation to other areas of law.

Unit – I Information Technology Act – I

a) General Introduction, Objective and Scope
b) Digital Signature and Electronic Signature, Functions of Signature
c) Electronic Governance, Regulation of Certifying Authorities
d) Electronic Signature Certificates, Duties of Subscribers

Unit – II Information Technology Act – II

a) Penalties, Compensation and Adjudication
b) The Cyber Appellate Tribunal
c) Offences relating to Information Technology
d) Miscellaneous Provisions

Unit – III Overview of Cyber Crimes

a) Meaning, Nature and Classification of Cyber Crime
b) Conventional Crimes through Computers - Cyber Defamation, Digital
Forgery, Cyber Pornography, Cyber Stalking/Harassment, Online
Gambling, Online Sale of Illegal Articles,
c) Crimes And Torts Committed on a Computer Network and Relating to
Electronic Mail, Data Alteration/Destruction – Hacking, Denial of
Service, E-mail Spam, Internet Fraud and Financial Crimes, Virus,
Worms, Trojan, Logic Bombs and other related crimes.
d) Issues of Jurisdiction and Laws applicable – Jurisdictional Issues in
Cyber Crime, Law applicable in Computer Crimes – Related Provisions
of Indian Penal Code, Criminal Procedure Code, Indian Evidence Act
and Information Technology Act.

Unit – IV E-Commerce and Online Credit Card Payment

a) E-Commerce – Meaning, Concept and Background, Online Contracts
and Issues
b) Online Payments and Information Technology Act 2000
c) Consumer Protections in Cyberspace, Liability of Internet Service
Providers
d) Legal Framework for Protecting Privacy while undertaking online
transactions.
Text Books
1. Arun Baweja, Information Technology and Development, Kalpar Publication,
Delhi
2. P.S. Yivek Shane, Banerjee, Science and Society, Himalaya Publishing House,
Bombay
3. Ashok Korde, A. Sawant, Science and Scientific Method, Himalaya Pub. House,
Bombay
4. B.B.Batra, Information Technology, Kalpar Publications, Delhi
5. Nandan Kamamth, Guide to Information Technology Act, University Law
Pub.Co. Delhi-33
6. Suresh T. Viswanathan, The Indian Cyber Laws, Bharat Law House, New Delhi-
83.
7. Ankit Fadia and Jaya Bhattacharjee, Encryption-Protecting your Data
8. P. Narayan, Intellectual Property Law, Eastern Law House, New Delhi
9. Farooq Ahmed, Cyber Law in India, Pioneer Books, New Delhi-110009
10. Vakul Sharma, Information Technology Law and Practice, Universal, Delhi

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 SEMESTER - VIII
SUBJECT: PENOLOGY AND VICTIMOLOGY (HONOURS)
PAPER CODE: LH 427
Objective: The primary objectives of the module to orient the law students the legal
rationalities behind science of Punishment, Reformation and reintegration process and
Victimology.

Unit- I Nature and Dimensions of Penology

a) Concept and interrelationship between Crime and Punishment
b) Penology – Penology as branch of Neo- Criminology and its Future,
Administrative, Scientific, Academic & Analytical Approaches of
Penology; Types of Punishments, Elements of Punishment.
c) Theories of Punishment – Utilitarian Theory, Retributive Theory,
Expiatory Theory, Deterrent Theory, Reformative Theory, Preventive
Theory.
d) State Policy towards punishment; Balancing Punishment and
Reformation – Issues & Challenges

Unit- II Reformation & Reintegration Process

a) Probation – Conditions of Probation, History and Development, Merits

and Demerits, Probation Officers, duties and Limitations.
b) The Probation Offenders’ Act, 1958 and Judicial Approach.
c) Parole – Concept, Origins, Parole Board, Parole Officer, Conditions and
Limitations, Probation and Parole: Similarities.
d) Executive Clemency and Good Time Laws – Concept under the
Constitution, IPC and Cr.P.C., Pardoning Power, Commutation of
Sentence, Good Time Laws in India, Intermediate Sentence, Criticism
against Intermediate Sentence.

Unit- III Concept of Victimology

a) Victimology – Nature, Development
b) Typology of Victims – Elderly persons, child, female, consumer and
weaker section.
c) Role of International Bodies.
d) Compensation to victims of Crime and Indian Legal Frame Work.

Unit– IV Victim Participation

a) Plea- Bargaining and Inadequacy of law in participation of victims in
criminal cases, Witness as victims of Criminal Justice System.
b) Inter – personal Relations between the victim and the accused Victim’s
role in the perpetration of Crime.
c) The concept of Restorative Justice, Victim-Offender Mediation
Programmes.
d) Victimology and Forensic Science.
Text Books:
1. Ahmad Siddique’s Criminology & Penology, S M A Quadri, Eastern Book
Company, Lucknow, 651.(2009)
2. Ahmad Siddique, Criminology: Problems and Perspectives, Central Law
Agency. Lucknow (1993)
3. Ann Wolbert Burgess, Cheryl Regehr, Albert R. Roberts, Victimology, Jones &
Bartlett Publishers, (2012)
4. Chhabra Kirpal Singh, Quantum of Punishment in Criminal Law In India,
Chandigarh: Publication Bureau, Panjab University (1970).
5. E. Sutherland, White Collar Crime (1949);
6. H.L.A. Hart, Punishment and Responsibility: Essays in The Philosophy Of
Law, Oxford (2008)
7. Herbert Packer, The Limits of The Criminal Sanction, Stanford University
Press, (1968)
8. J.M. Sethna, Society and To Criminal (1980);
9. K.D.Gaur. Criminal Law And Criminology, Deep& Deep Pub,(2002)
10. Krishna Pal Malik, Penology, Victimology and Correctional Administration In
India (2011)
11. Leah E. Daigle, Victimology: The Essentials, Sage Publications, (2012)
12. N.V. Paranjape, Criminology and Penology with Victimology, Central Law
Publication .(2012)
13. N. Prabha Unnithan, Crime And Justice In India, Sage Publication,(2013)
14. Schafer, Stephen, The Victim and His Criminal. New York: Random
House.(1969)
15. Sutherland, Edwin H. and Cressey, Donald, Principles Of Criminology. 11th Ed.
Lanham, Md.: Altamira Press, (1992.)
16. V. R. Krishna Iyer, Perspectives In Criminology, Law, And Social Change,
Allied, ( 1980)
17. Walker, N., Crime and Criminology (1961):
18. William Macdonald, Criminal Justice and The Victim 1976, Pp 24-25

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 SEMESTER - VIII
SUBJECT: DRAFTING, PLEADING AND CONVEYANCE
(CLINICAL)
PAPER CODE: LCl 428

Objective: This Paper aims at giving the students an opportunity to peep into the working
of law by referring to various practical aspects of civil and criminal laws. This paper aims to
train students in the art of drafting both for court purposes as well as for other legal forums.
It also emphasizes on the conveyancing aspects and imparts the students the requisites of
various deeds that go to make the theoretical law complete.

Unit- I Drafting, Pleading & Conveyancing

a) Meaning, Object, Importance, Function and Difference
b) Basic Principles of Drafting and Essentials of Conveyancing
c) Fundamental Rules, Alternate & Inconsistent Pleading, Amendment of
Pleading
d) Types of Pleadings; Amendment of Pleadings; Plaint- Essential
Elements, Return, Rejection & Amendment of Plaints, Written
Statement- Necessary Particulars, Formats of Plaint and Written
Statement
Unit- II Drafting of Civil Pleading
a) Original Petitions
b) Interim Orders – Injunctions, Petition for Appointment of
Commissioners, Petition for arrest before Judgment, Petition for
attachment before Judgment; Application for Matrimonial Reliefs;
Execution Petition; Caveat Application; Affidavit Petition to the
District Consumer Forum; Legal Notice
c) Memorandum of Appeal & Revision, Reference & Review
d) Writ Petitions under Articles 32 and 226 – The Writ of Habeas Corpus;
The Writ of Mandamus; The Writ of Certiorari; The Writ of Prohibition;
The Writ of Quo Warranto; Special Leave Petitions.
Unit- III Drafting of Criminal Pleadings
a) Procedure in Criminal Cases - F.I.R, Filing of Complaints, Bail
Application, Appeal, Revision, etc
b) Model Forms of Complaints, Interim Applications & Model Forms
c) Applications of Bail & Anticipatory Bail & Model Forms
d) Memorandum of Appeal & Revision, Drafting of Deeds ( Agreement of
sale, Lease, Mortgage, Gift, Will, Power of Attorney)
Unit- IV Drafting of Conveyances
a) Components of Deeds
b) Sale Deed, Agreement to Sell, Power of Attorney, License, Promissory
Note
c) Deed of Partnership, Deed of Will, Adoption, Partition
d) Mortgage Deed, Lease Deed, Gift Deed

Syllabus - B.B.A., LL.B (Hons) With effect from the Academic Session 2016-2017
Text Books
1. Conveyancing, N.S. Bindra.
2. Conveyancing, A.N. Chaturvedi.
3. Mogha’s Law of Pleading.
4. Conveyancing, D’Souza.

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Syllabus - B.B.A., LL.B (Hons) With effect from the Academic Session 2016-2017
 SEMESTER - VIII
SUBJECT: MOOT COURT
PAPER CODE: LM 429

Theme and Date: The Moot Court Problem will be assigned to the students by the
Institute.
Language: The competition shall be conducted in English language only.
Eligibility: Participation in the Moot Court is Compulsory for all the students.
Team Composition: Each team shall consist of two members to be decided by the
Institute.
The students are required to submit their memorials containing the following
sections:
1. Cover Page 6. Statement of Issues
2. Table of Contents 7. Summary of Arguments
3. Index of Authorities 8. Arguments Advanced
4. Statement of Jurisdiction 9. Prayer.
5. Statement of Facts
Division of Marks: This paper will be evaluated on the basis of;
Theory(Memorial)=40 Marks; Oral Submission=60 Marks
The tentative distribution of marks for the Memorials
SL.NO. CRITERIA MARKS
1. Knowledge/Presentation of Facts 5
2. Proper and Articulate Analysis 10
3 Extent and use of Research 15
4 Grammar, Coherency, Formatting and Citation of Sources 10
TOTAL 40
The Memorial should be printed on only one side on A4 size paper and as a whole the
total number of pages may be around 40 pages excluding the cover page. The petitioners’
memorial cover page shall be printed on blue colour A4 size paper, and the respondents’
memorial on red colour A4 size paper. The memorials must be printed in Times New Roman
font, font size 12 with double spacing. The footnotes must be in Time New Roman font, font size
10 with1.5 spacing. The memorials should have a margin measuring one inch on all sides of
each page. A Uniform Style of Citation should be followed in the memorial throughout.
Speaking footnotes are not allowed.
The tentative distribution of marks for the Oral Submission
SL.NO. CRITERIA MARKS
1. Knowledge of Facts 10
2. Understanding of Law and Procedure 15
3. Use of Authorities and Precedents 05
4. Response to questions 10
5. Advocacy skills, Court Craft and Demeanour 10
6. Organisation of Argument 10
TOTAL 60
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Syllabus - B.B.A., LL.B (Hons) With effect from the Academic Session 2016-2017
 SEMESTER - VIII
SUBJECT: PROJECT AND REPORT PRESENTATION
PAPER CODE: LP 430
Each Student has to prepare the project on the topic given by the concerned faculty.
It will be evaluated for 50 Marks for written project report and 50 Marks for
presentation of the report.

GUIDELINES TO PREPARE THE PROJECT

Each project shall consist of the following specifications.
1. Front Page : Front page should contain the following particulars.
(i) Title in Bold (Upper case)
(ii) Submitted by :
Name of the Student in Bold
Regd. No. (bold)
Batch (bold)
(iii) SOA Logo
SOA National Institute of Law (SNIL)
SOA Deemed to be University, Bhubaneswar
2. Inner Pages : Inner page of the project shall start with the following
specifications
(i) Declaration
(ii) Preface & Acknowledgement
(iii) Contents
a. Chapter – I : Introduction
b. Chapter – II : Legislative Provisions
c. Chapter – III : Judicial Analysis
d. Chapter – IV : Appraisal and Suggestion
e. Annexure - I : References (Bibliography)
* Each Chapter should start from a new page.
** Due references should be given in each page through footnotes.
*** Contents/Chapterization can also be modified, if necessary
3. Technical Specifications : The project should conform the following
specifications
(i) Chapter Name : Font (Times New Roman), Font Size (18) (Bold)
(ii) First Heading : Font (Times New Roman), Font Size (16) (Bold)
(iii) Second Heading : Font (Times New Roman), Font Size (14) (Bold)
(iv) Third Heading : Font (Times New Roman), Font Size (12) (Bold)
(v) Body of the text : Font (Times New Roman), Font Size (12)(Normal)
(vi) Margin : Top, Bottom, Left & Right (1”)
(vii) Paragraph Spacing : 1.15”
(viii) Text Alignment : Justified
4. Number of Pages : 50 (For LL.B students)
5. Print out (Black & White with Spiral binding)

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Syllabus - B.B.A., LL.B (Hons) With effect from the Academic Session 2016-2017