Saturday, November 24, 2007

RULES

I am not going to entertain any calls during exams. Please refer to the syllabus and these posts for your own sake. No matter how arrogant I sound, I am not going to entertain calls, I need time to study as well. Comments may be posted on the blog and I will try and reply to them. If I dont, get in touch with other friends of yours.


Study hard, I am not to be blaimed. You guys should have attended classes and made notes.

ALL THE BEST AND STUDY HARD

Human Rights

THE SYLLABUS FOR HUMAN RIGHTS

Introduction
a. History
b. Evolution
c. Growth
UN Charter and Human Rights
a. UDHR
b. Covenants of 1966
c. Optional Protocols

Human Rights and the Indian Constitution
a. Fundamental Rights
b. Directive Principles of State Policy

Protection of Human Rights under Protection of Human Rights Act 1993
a. The Judiciary
b. NHRC
c. NGOs

Group Rights
a. Prisoners
b. Women and Children
c. Indigenous People
d. Disabled

Text books / Compulsory Readings (Latest editions only):
i. UN Charter
ii. Constitution of India
iii. Human Rights Act 1993
iv. Sinha, M.K. – Implementation of Non-Derogation Human Rights (Delhi 1999)

Human Rights! This is the easiest portion. For those whose Constitutional Law is strong (consti part II) this will be a breather. For those lacking behind use VN Shukla to brush up your concepts and then start with human rights.

Books to refer are SK Kapoor and HO Agarwal, whatever you can lay your hands on. SK Kapoor doesnt cover few portions. Please use other references to cover that as well.

Easy subject, use this subject when you require a break from other subjects, those having an inclination towards International Law, you guys will enjoy this subject.

Rest Assured if YOU study hard.
ALL THE BEST FOR YOUR PAPERS
STUDY HARD

(The datesheet would be posted most probably, when it gets released.)

Jurisprudence

THE SYLLABUS FOR JURISPRUDENCE
I. Introduction
(a) Nature and scope of Jurisprudence
(b) Need for study of Jurisprudence
(c) Linkage between Jurisprudence and other sciences

II. Schools of Jurisprudence – I
(a) Natural Law
(b) Analytical positivism, Pure Theory
(c) Historical Jurisprudence

III. Schools of Jurisprudence – II
(a) Sociology Jurisprudence
(b) Economic Approach
(c) Legal Realism

IV. Indian Perspectives in Jurisprudence
(a) Classical Approach
(b) Medieval Influences
(c) Modern Trends

Text books / Compulsory Readings (Latest editions only):
1. R.W.M. Dias, Jurisprudence
2. Prof. (Mrs.) Nomita Aggarwal , Jurisprudence (Legal Theory)
3. B.N. Maini Tripathi, Legal Theory
4. Edger Bodenheimer, Jurisprudence

On a personal note, jurisprudence is an extremely interesting subject. Many find it dry dull and boring. Its all right. Jurisprudence needs patience time and thought, do not try and mug up all the schools of thought in one day, you will get confused. cover one school everyday, each school has many thinkers.

What can be done for jurisprudence.
Books like DHYANI, PARANJAPEY, DIAS are good.
Going by the reccomendations of my seniors, Paranjapey seems to be a better book than dhyani. Dhyani is easier to understand, but it doesnt cover everything. Economic appraoch is not there is paranjapey and dhyani, outside reference would be required, use Dias or Rama Jois for this portion.

PLEASE PLEASE PLEASE DO NOT STUDY FROM AK JAIN. THE BOOK DOESNT COVER ANYTHING, MOREOVER THE THEORIES GIVEN IN IT ARE WRONG!!! PLEASE DONT GO BY WHAT AK JAIN SAYS, ITS HIS OWN DISTROTED VERSION, ITS AK JAIN'S JURISPRUDENCE. DO NOT STUDY FROM IT.

Study hard, it will take time, be patient with this subject. There is no BARE ACT involved in this. Do not ask me which bare act. Please.

Corporate Law

THE SYLLABUS FOR CORPORATE LAW

I. Formation, Registration and Incorporation of company
a. Nature and kinds of company
b. Promoters: Position, duties and liabilities
c. Mode and consequences of incorporation,
d. Uses and abuses of the corporate form, lifting of corporate veil,
e. Memorandum of Association, alteration and the doctrine of ultra vires,
f. Articles of association, binding nature, alteration, relation with memorandum of
association, doctrine of constructive notice and indoor management- exceptions.

II. Capital Formation of Regulation
a. Prospectus: Issues, contents, Kinds, liability for misstatements, statement in lieu
of prospectus,
b. The nature and classification of company securities,
c. Shares and general principles of allotment,
d. Statutory share certificate, its objects and effects,
e. Transfer of shares, restriction of transfer, relationship between transferor and
transferee, issue of share at premium, role of public finance institutions.
f. Share capital, reduction of share capital,
g. Conversion of loans debentures into capital,
h. Duties of court to protect interests of creditors and shareholders.
i. Debentures, kinds, shareholders and debenture holders, remedies of debenture
holders.

III. Corporate Administrative
a. Directors – kinds, powers and duties,
b. Insider trading,
c. Meetings kinds and procedure,
d. The balance of powers within companies - Majority control and minority
protection, Prevention of oppression, and powers of court and central government,
e. Emerging trends in Corporate social responsibility, legal liability of company -
civil, criminal, tortuous and environmental.

IV. Winding up of Companies
a. Kinds, consequences and reasons of winding up,
b. Role of the court,
c. Liability of past members,
d. Payment of liabilities,
e. Reconstruction and amalgamation.


Yes Corporate Law, many of us are scared for this subject, mainly due to the fact that it is very vast.
Problem areas of this Subject- AK Jain barely covers anything.
What it however covers is the introductory note, registeration, MOA, AOA, duties of directors, rule laid down in Foss v. Harbottle (oppression and mismanagement), winding up.
So ultimately if you see, it covers unit one, then it covers, promoters, duties of directors, and kinds of windingup. So you can see the whole course is not covered.

To cover the syllabus the following books may be used:-
1. Avtar Singh (FAT BOOK)
2. N.D.Kapoor (FAT BOOK)
3. R.K.Bangia (relatively small)
4. Avtar Singh (abridged version)
5. N.D. Kapoor (abridged version)

6. Maams Class notes are extremely exhaustive and well prepared, those who have all the notes may study from those. On a personal note, few topics dealt by maam are much better than in the books itself.


All the best!

Law of Evidence

THE SYLLABUS FOR EVIDENCE

Introduction and Relevancy
b. Evidence and its relationship with the substantive and procedural laws
c. Definitions – Facts, facts in issue, relevant, evidence proved, disproved, not
proved, oral and documentary evidence (sec. 3)
d. Relevancy and admissibility
e. Doctrine of res gestae (Sec. 6,7,8,9)
f. Conspiracy (Sec. 10)

Statement – Admissions / Confessions and Dying Declarations
a. Admissions (secs. 17-23)
b. Confessions (secs. 24-30)
c. Dying Declarations (sec. 32) (Number of hours – 10)

Method of proof of facts
b. Presumptions (secs. 4, 41, 79-90, 105, 107, 108, 112, 113A, 114 and 114A)
c. Oral and documentary evidence (secs. 59-78)
d. Rules relating to Burden of proof (secs. 101-105)
e. Facts prohibited from proving
1. Estoppel (secs. 115-117)
2. Privileged Communications (secs. 122-129) (Number of hours – 12)

Presumptions regarding discharge of burden of proof
a. Evidence by accomplice (sec. 133 with 114 (b))
b. Judicial notice (sec. 114)
c. Dowry Death (sec. 113 B)
d. Certain Offences (sec. 111 A)


Evidence, may seem to be extremely confusing, dont go by the looks of it. Your Bare Act is your BIBLE/GITA/QURAN read its thoroughly. (Not trying to hurt any religious sentiments)
It is extremely essential that you go through the bare act. Read is slowly, carefully and try and understand it. Underline important words, key elements and memorise them.

Then move on to the books AK Jain will not suffice, it doesnt cover everything, many facts of important cases are distorted. If you want to refer to AK Jain, go ahead, it doesnt cover everything, do not blame anyone else for your loss.

Avtar Singh on the other hand would be a better option. i have read both AK Jain and Avtar Singh, and Avtar Singh is not difficult to understand. The relevant chapters in Avtar Singh correspond to the relevant sections of the syllabus, for e.g. Section 10 of the syllabus would be chapter 10 in Avtar Singh.

Read the evidence act carefully, study hard, remember case laws, and your sections.

Code of Criminal Procedure-I

THE SYLLABUS FOR CrPC-I

I. Introduction
a. Definitions

b. Constitution and powers of Criminal Courts and Offices

II. Provisions for Investigations
a. Arrest and Bail provisions

b.Information to the Police and their powers to investigate

III. Process to Compel Appearance and Production of things
a. Summons for Appearance

b.Warrant of arrest

c. Proclamation and attachment

d.Other rules regarding processes

e. Summons to procedure

f. Search Warrants

g.General provisions as to search

h.Miscellaneous

IV. Proceedings before Magistrate
a. Conditions requisite for initiation of proceedings

b.Complaints to Magistrates

c. Commencement of proceedings before Magistrates

d.Security Proceedings


This is the portion where we all can worship Mr. A.K. Jain. This would be an extremely helpful book, it isn't time consuming at all. Though it may seem as though it is.

For CrPc, this is how one should go about it.
1. read the bare act thoroughly, each and every word of the section is important. if you have understood the bare act and you manage to remember the relevant portions, then 90% of your work is done. 10% that is left is just your case laws. That can be done from the class notes/AKJain/RV Kelkar/Rattan Lal Dhiraj Lal/Sarkar

2. Start with the books, either AKJ or RV Kelkar would suffice. RV Kelkar is a good book and it may seem to be extremely exhaustive and quite vast, thats why many of us prefer AKJ over it.

CrPC is one of the easiest subjects that can be done from the bare act itself, if one has the patience to go through every section and learn the key elements.


IMPORTANT CHAPTERS FROM AKJ
chapters
1-2-3-4-5-6-7-8-10-11-12-14-15-16-33

FROM RV Kelkar
chapters
1-2-3-4-5-7-8-10 (TALLY THE RELEVANT PORTIONS FROM THESE CHAPTERS WITH THE SYLLABUS)


Study hard, this subject is easy, work hard.

Class lectures and notes are essential for easy understanding. Please attend them regularly. It will help you focus on key topics, and it reduces your work load at the end of the semester.

Code of Civil Procedure - I

THE SYLLABUS FOR C.P.C- I

1. Introduction

a. Definitions: Decree, Judgement, Order, Foreign Court, Foreign Judgement,
Mesne, Profits, Affidavit, Suit, Plaint, Written Statement

b. Important Concepts: Res Sub Judice, Resjudicata, Restitution, Caveat, Inherent
powers of courts.

2. Initial steps in a suit
a. Jurisdiction and place of suing

b. Institution of suit

c. Pleadings: Meaning, object, General rules, Amendment of pleadings

d. Plaint and written statement

e. Discovery, Inspection and production of documents

f. Appearance and non-appearance of parties

g. First hearing

3. Interim Orders

a. Commissions

b. Arrest before judgement

c. Attachment before judgement

d. Temporary Injunctions

e. Interlocutory orders

f. Receiver

g. Security of costs

4. Suits in Particular Cases

a. Suits by or against Government

b. Suits by Indigent persons

c. Interpleader Suit

d. Summary Procedure

e. Suits relating to public nuisance


The entire course would be coming for the end semesters. (Obviously)

First Unit
The portions of the first unit part (a) are given and explained extremely well in C.K. Takwani (personal reccomendation from my side is to study from this book, to look at any other text would be suicidal)
Foreign Judgment: this portion can be done from A.K. Jain (if there is paucity of time, if not, C.K. Takwani)
Part (b) of Unit-I, This SHOULD be done from C.K. Takwani ONLY, A.K. Jain WILL NOT SUFFICE. Those persons in possession of Belu Ma'ams notes can additionally refer to them, for easier understanding. Personal reccomendation would be to read Maam's notes once and then study from Takwani. This topic was dealt in great details in class.

Unit-II
As far as this unit is concerned, it may be a little complicated for people to understand if they haven't been regularly attending the lectures.
Chapters 4, 5, 6, 7, 8, 9, of C.K. Takwani cover these portions. I personally did few portions exclusively from the Bare Act, and supplemented the same with the cases. But, many students may find it difficult to understand the bare text, as there are many rules to the orders, and some of the rules are drafted in such a manner that they come across to be very lengthy. Therefore, ultimately there wont be any other saving grace apart from C.K. Takwani.


Unit-III
This unit was dealt dually by Mr. Singhla and Belu Ma'am. For those who attended all the lectures, must have realised the striking similarity in what was dictated in class and the text in C.K. Takwani. So for the part of commissions etc. (portion dealt with by the guest lecturer) should be done through Takeani, otherwise, if you have patience, use the Bare Act, it a little tedious but easy to understand. Everything is given in that.
Rest of the portions were dealt extremely well by Belu Maam, her class notes on Order 9 should be enough, and for interim orders and interlocutory orders, her class notes are good, they give you a very strong base. If you dont have them study from C.K. Takwani. The topics arent tough, and if you remember your torts class (ironically taught by Maam herself) and u ahave your notes, you might be able to understand this topic easily. Also for those who remember their Specific Relief Act, it shouldn't be a tough job. Easy topics.

Unit-IV
This is the last unit. This unit is EXTREMELY important. Summary Procedure is a "must do". A question will come on it. (As per my belief and guess work). B,C,D,E, of this unit should be done from Takwani, and part 'a' can be done from the bare text.


LASTLY STUDENTS WHO ARE GOING TO STUDY FROM A.K. JAIN :-
PLEASE NOTE

A.K. JAIN COMES IN 2 PARTS
THE MAIN BOOK
AND THE SUPPLEMENT
BOTH ARE A MUST HAVE IF YOU WISH TO COVER THE SYLLABUS

THE TOPICS COVERED BY A.K. JAIN ARE
BY THE MAIN BOOK
Intoduction
Jurisdiction of courts
REs Sub judice and res judicata
Foreign Judgment
Place of suing
Parties to suit by or against govt.
Inherent power of the Court
amentdment of Pleadings
appearance and non-appearance of parties
summary procedure
temporary injunctions

BY THE SUPPLEMENT
Institution of suit & definitions
Pleadings
Discovery inspection and production of documents
first hearing
interim orders
judgment and decree
pauper suits- suits by indigent persons (forma pauperis)
public nuisance
interpleader suits
restitution
caveat


YOUR HARDWORK WILL PAY, DO NOT BLAME ME, ITS POSSIBLE THAT FEW THINGS MIGHT HAVE BEEN MISSED OUT, IF YOU SEE THAT IT IS, COMMENT ON THE POST.

AND NO I AM NOT RELATED TO A.K. JAIN

-Jyotika Jain

Introduction

This blog is to let everyone know what books to pick up and where to study from. It would definitely be a sincere effort from my side to update and edit the blog as often as possible. Books you may refer to might be different from what I personally may pick up, differences would creep in. Suggestions are most welcome, and anyone who wishes to comment or tell others where a topic may be given in a better manner may post their comments.



DO NOT CALL ME UP. I AM NOT GOING TO ENTERTAIN ANY CALLS DURING EXAMS. NO MATTER HOW ARROGANT I SOUND, I NEED MY TIME SPACE AND ENERGY, WHICH I SHALL NOT DISSIPATE ON MEANINGLESS CALLS.