Jagran Josh
PAPER – I (THEORY) – 70 Marks
1. Law of Crimes
Stages and elements of crime; Kinds of crimes, Offences against Human Body and Offences against Property under Indian Penal Code, 1860 (IPC);
(i) Crime
(a) Stages;
(b) Meaning and difference of Intention, Motive and Knowledge;
(c) Elements – Concept of Mens Rea and Actus Reus.
(ii) Five categories of crimes – crimes against a person, crimes against property, inchoate crimes, statutory crimes, and financial crimes ( Meaning with examples).
(iii)Elements with illustrations and punishments of the following offences under the Indian Penal Code –
(a) Offences against Human body – Culpable Homicide & Murder (Sections 299, 300, 302 & 304); Death by rash and negligent act (Section 304A); Dowry death (Section 304B); Assault and Criminal Force (Sections 350, 351 & 352), Cruelty by Husband or his relatives (Section 498A IPC).
(b) Offence against Property – Theft (Section 378 & 379), Extortion (Section 383 & 384), Robbery (Section 390 & 392), Dishonest Misappropriation of Property (Section 403), Criminal Breach of Trust (Section 405 & 406), and Cheating (Section 415 & 417).
2. Alternate Dispute Resolution (ADR)
Judicial and Quasi-Judicial Bodies, Tribunals, Arbitration, Conciliation, Mediation, Lok Adalat
(i) Difference between Judicial and QuasiJudicial Bodies;
(ii) Understanding the concept of Tribunals as Quasi-Judicial Forums [for example National Green Tribunal (NGT), Income Tax Appellate Tribunal (ITAT)]
(iii) Section 89 CPC as source of ADR system
(iv) Benefits of ADR system, which disputes can be covered.
(v) Arbitration-
(a) Meaning, Arbitration Agreement, Court Referral of Arbitration (Section 8); (b) Arbitral Award – significance, comparison with a judgement, setting aside of an arbitral award.
(vi) Mediation & Conciliation
(a) Meaning and scope;
(b) Role of the Mediator & Conciliator ; Sanctity of Settlement arrived through Mediation & Conciliation
(vii) Difference between Arbitration and Conciliation, Mediation and Conciliation;
(viii)Lok Adalat-
(a) Meaning
(b) Jurisdiction (c) Award of Lok Adalat & its significance
3. Legal Services Authorities Act, 1987
Spirit of Article 39A of the Constitution of India; Objectives; Legal Aid for the deserving sections of society.
(i) Importance of Article 39A of the Constitution of India;
(ii) Legal Services Authority Act, 1987-
(a) Objectives;
(b) Eligibility for getting free Legal Aid;
(c) Legal Services Authorities and Committees at various levels (only hierarchy);
(d) Functions of the Central Authority (Section 4).
(iii)Role of Educational Institutions and Para Legal Volunteers.
4. Indian Contract Act, 1872
Contract -Introduction, Essentials of a Valid Contract, Types, Void Agreement
(i) Introduction to Contracts (Proposal, Promise, Agreement, Contract)
(a) Meaning of Contract- Definition
(b) Types of Contracts- Valid, Void, Voidable, Express & Implied
(ii) Formation of Contract
(iii) Essentials of a Valid Contract
(a) Offer and acceptance
(b) Intention to create legal relationship
(c) Consideration
(d) Capacity to Contract
(e) Free Consent- Sections 13 to 22
(f) Legality of object
(iv) Void Agreement ( Section 23 to 30)
(v) Differences between-
(a) Coercion & Undue Influence
(b) Fraud & Misrepresentation
(c) Void & Voidable Contract
(d) Valid Contract & Void Agreement
5. Law of Torts
Nature and definition of Tort, Kinds of Wrong in Tort Law, Vicarious Liability
(i) Tort- Introduction
(a) Definition & Essential Conditions of Tort
(b) Kinds of wrong in tort law – Intentional Tort, Negligence Tort and Strict Liability (Meaning with examples)
(c) Intentional Torts (Meaning with examples)
(1) Trespass to body – Assault & Battery
(2) Trespass to Property
(3) Nuisance
(4) Defamation
(5) False Imprisonment
(d)Tort of Negligence (Meaning & Elements)
(e) Strict Liability, Absolute Liability (1) Strict / No Fault Liability – Rule in Rylands v Fletcher with exceptions
(2) Rule of Absolute Liability – Rule in M.C Mehta Case
(3) Difference between Strict and Absolute Liability
(ii) Meaning & Principles of Vicarious Liability
6. Transfer of Property Act, 1882
Property, Modes of transfer of property, Doctrines
(i) Types of Property: Movable and Immovable, definition of ‘immovable property under S.3 TPA and S.3(26) General Clauses Act 1908’.
(ii) Transfer of Property – Meaning (Section 5); What may be transferred (Section 6); Persons competent to transfer (Section 7)
(iii)Modes of transfer of property (Sale, Mortgage, Lease, Exchange, Gift, Actionable Claim) – Definition & Illustrations ; Differences between Sale, Mortgage & Lease
(iv) Doctrine of Election, Doctrine of Lis Pendens.
7. Fundamental Rights, Duties and Directive Principles of State Policy
Fundamental Rights, Right to Constitutional Remedies, Restriction on the exercise of Fundamental Rights, Basic structure doctrine; Directive Principles of State Policy; Fundamental Duties
(i) Fundamental Rights guaranteed by the Constitution.
(a) Right to Equality (Articles – 14-18)
(b) Right to Individual freedoms (Articles – 19-22) including Restrictions on the exercise of the fundamental rights – public order, health and morality under Article 19
(c) Right against exploitation (Articles – 23-24)
(d) Right to freedom of religion (Articles – 25-28)
(e) Right of cultural minorities (Articles – 29-30)
(f) Right to Constitutional Remedies – Writs (Article 32)
(ii) Directive Principles of State Policy – Meaning, Justifiability; Differences between Fundamental Rights and Directive Principles of State Policy.
(iii)Fundamental duties – Meaning and all enumerations.
8. Important Laws
The Protection of Human Rights Act, 1993 (with Amendment Act, 2006), Lokpal and Lokayukta Act 2013
(i) Definition of Human Rights; Difference between Human rights and Fundamental Rights; The Protection of Human Rights Act, 1993 – object of enactment, composition (Section 3) & function of NHRC (Section 12)
(ii) Ombudsman-Meaning and concept, Scope and limitation of Lokpal and Lokayukta Act 2013, Differences between Lokpal and Lokayukta.
9. Legal Maxims
Important Legal Maxims. Meaning of the following:
− Actus non facit reum nisi mens sit rea
− Ad valorem − Amicus Curiae
− Audi alterem partum
− Assentio Mentium
− Bona fide
− Bona Vacantia
− Caveat Emptor
− Corpus Delicto
− Damnum Sine Injuria
− De Die in Diem
− De Minimis Lex Non Curat
− Doli Incapax
− Ejusdem Generis
− Ex Post Facto
− Ignorantia Facti Excusat
– Ignorantia Juris Non Excusat
− Injuria Sine Damnum
− Locus Standi
− Nemo Debet Esse Judex in Propria Sua Causa
− Nemo debt non quad habit
− Noscitur a Sociis
− Obiter Dicta
− Pari Materia
− Per Incuriam
− Qui Facit Per Alium, Facit Per Se
− Quid pro quo
− Ratio Decidendi
− Res ipsa loquitur
− Res Judicata Accipitur Pro Veritate
− Salus Populi Est Suprema Lex
− Stare Decisis
− Ubi Jus Ibi Remedium
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