SEMESTER 3

3.1 Legal History

History of Courts
1. Administration of justice in Presidency Towns (1600-1773) and the
development of courts and judicial institutions under the East India
Company
2. Warren Hastings’ Plan of 1772 and the Adalat System of Courts-
reforms made under the plan of 1774 and reorganisation in 1780
3. Regulating Act, 1773, -Supreme Court at Calcutta- its composition,
powers and functions, Failure of the court- Act 1781, Supreme Court
vis-à-vis Mofussil Courts.
4. Judicial measures of Cornwallis 1787, 1790, 1793, progress of Adalat
System under Sir John Shore.
5. Conflicts arising out of dual judicial system- tendency for
amalgamation of the two systems of courts- Indian High Courts Acts,
1911 and 1935- High Courts under the Indian Constitution.
6. Development of Rule of Law, Separation of power, Independence of
Judiciary.
7. Judicial Committee of Privy Council as a Court of Appeal and its
jurisdiction to hear Appeals from the Indian judicial decisions and
the abolition of jurisdiction of the Privy Council to hear appeals from
Indian decisions.
8. Court System under the Constitution of India

Legislature
1. Legislative authority of the East India Company under the Charter of
Queen Elizabeth,1601.
2. Changes under Regulating Act,1773- Act of 1781.
3. Act of 1813 and the extension of legislative powers conferred on all
the three Councils and subjection of the same to greater control.
4. Act of 1833- Establishment of a legislature of an all India Character
in 1834
5. The Indian Councils Act, 1861- Central Legislative Councils and its
composition, Powers and functions; Powers conferred on the
Governor.
6. Government of India Act, 1909-Government of India Act, 1919-
Setting up of Bicameral system at the Centre in place of Imperial
council consisting of one House
7. Government of India Act, 1935- the Federal Assembly and the
Council of the States, its composition, powers and functions;
Legislative Assemblies in the provinces and the powers and functions
of the same
8. Law reforms and Law commission.
The Charter Act of 1833,The First Law Commission,The Charter Act
of 1853,The Second Law Commission,The Third Law Commission,The
Fourth Law Commission
Legal Profession
1. Growth of Legal Profession in India
2. The Advocates Act,1961 Ss-3, 6, 8, 16, 20, 22, 24, 26, 35, 36
***********

3.2 Land Laws – I

The West Bengal Land Reforms Act, 1955
1. Introduction-definitions- (S-2)
2. Rights of Raiyats in respect of land- (S-4)
- Maintenance and preservation of land (S-4B)
- Permission for Change of area, character or use of land (S-4C)
- Offences and penalties (S-4D)
- Bar to Registration (S-4E)
- Transferability of plot of a land of a raiyat (S-5)
- Limitation of mortgage of a rayati holding (S-7)
- Right of purchase by co-sharer or contiguous tenant (S-8)
- Restrictions on alienation of land by Scheduled Tribes(Ss14A-14I)
- Ceiling on land held by a raiyat (Ss-14J- 14Z)
- Bargadars (Ss-15-21E)
- Priciples of distribution of vested land (Ss-49,49A)
The West Bengal Premises Tenancy Act,1997
1. Definitions- Fair rent,Land lord, Premises, Tenant, Sub-tenant
2. Obligation of land lord and tenant(Ss-4,5)
3. Control of eviction of tenants (Ss-6,7)
4. Recovery of immediate possession (Ss-8, 9)
5. Provisions regarding rent:
a) Fixation of fair rent (S-17)
b) Revision of fair rent (S-18)
c) When fair rent fixed by the controller takes an effect
(S 19)
d) Notice of increase of rent (S-20)
e) Deposit of rent by tenant (S-21)
6. Sub tenancies (S-26)
7. Essential Repairs (Ss-35-37)
8. Appeal, Revision and Review (Ss-43,44)
***********

3.3 Political Science – III

Full Marks-100 (Written Examination: 80 marks)

Answer any five questions out of Ten given Choices. (5 x 16 = 80)

International Relations :
1. Approaches to the study of political Science
- Realism
- Marxism
2. Basic Concepts:
a. National Power and its elements
b. Balance of Power
c. Collective Security
d. Imperialism
e. Neo-colonialism
3. Emergent issues in international relations:
a. Terrorism
b. Nuclear disarmament
4. Cold War and understanding the post cold war.
5. U.N.O.- organs with special reference to General Assembly, Security Council-
UN Peace Keeping
6. Regionalism with particular reference to SAARC
***********
3.4 Law of Contracts - II
 The Contract Act, 1872
- Agency
- Definition and essentials
- Creation of Agency
- Relation of Principal and Agent – Rights and Duties of
agents
- Relation of Principal with third party – Agent’s Authority
- Rights and liabilities of undisclosed principal
- Personal liability of Agent – rectification
- Determination of Agency
- Bailment
- Definition and essential features
- Duties of bailer and bailee
- Rights of bailee.
- Indemnity
- Definition and nature
- Extent of liability
- Commencement of liabilities
- Guarantees
- Definitions and essential features
- Extent of Surety’s liability
- Discharge of surety from liability
- Rights of surety

The Partnership Act, 1932

General
- Definition and nature of Partnership.
- Essential elements of Partnership.
Formation of Partnership
- Registration of firm – Consequences of non-registration.
Rights and Liabilities of Partners
- Mutual relationship between partners
- Authority of Partner
Admission and Outgoing of Partners
Dissolution of Firms
- Grounds
- Consequences

The Sale of Goods Act, 1930

- General
- Definitions – Buyer, Seller, Goods.
- Essentials of Sale, Sale and Agreement to sell.
- Conditions and Warranties – Doctrine of Caveat Emptor.
- Transfer of ownership
- Passing of property
- Transfer of title by non – owner
- Performance of Contract of Sale – Delivery
- Rights, and liabilities of Buyers and Sellers.
- Right of Unpaid Seller of goods
***********

3.5 Family Law - II

1. MUSLIM LAW
Marriage (Nikah)
- Essential of a valid marriage
- Classification of marriage –Muta Marriage
- Nature & concept of Muslim marriage
- Prohibitions
- Polygamy under Islam
Divorce (Talaq)
- Modes of divorce
- Right of the Muslim woman to dissolve her marriage-
- Classification
- By death of parties
- By the act of parties
- By Mutual Consent
- Classification
- Maintenance under Muslim law
- Under sec.125 Cr.P.C.
- Under Act of 1986
- Judicial Approach
- By Judicial process
Dower (Mehr) and maintenance
- Concept and nature of Dower
Inheritance – under Hanafi and Shia law
Gift (Hiba)
Wills
Acknowledgement

The Divorce Act, 1869

-Dissolution of Marriage
-Grounds for dissolution of marriage-Sec. 10
-Dissolution of marriage by mutual consent-Sec. 10A
-Dismissal of petition-Sec.13
-Nullity of Marriage
-Petition for decree of nullity-Sec.18
-Grounds of Decree-Sec.19
-Children of annulled marriage-Sec.21
-Judicial Separation
-Bar to decree for divorce a mensa et toro ; but judicial separation
obtainable by husband or wife- Sec.22
-Application for separation made by petition-Sec.23
-Custody of children-Sections-41 to 44

The Indian Succession Act, 1925

-Applicability
-Intestate succession- Christian and Parsi

***********