Jurisprudence, Interpretation & General Laws (CSE Paper-1) CS Executive Mod-1


Paper 1
Jurisprudence, Interpretation and General Laws (Max Marks 100)
To provide understanding and working knowledge of sources of law, Constitution, legislative environment, interpretation of statutes and general laws.
Detailed Contents
1. Sources of Law:
Meaning of Law and its Significance; Relevance of Law to Civil Society; Jurisprudence & Legal Theory; Schools of Law propounded by Austin, Dean Roscoe Pound, Salmond, Kelsen and Bentham; Statutes, Subordinate Legislation,Custom, Common Law, Precedent, Stare decisis.
2. Constitution of India:
Broad Framework of the Constitution of India; Fundamental Rights,  Directive Principles of State Policy and Fundamental Duties; Legislative framework and Powers ofUnion and States; Judicial framework; Executive/Administrative framework; Legislative Process; Money Bill; Finance Bill and Other Bills; Parliamentary Standing Committees and their Role;Writ Jurisdiction of  High Courts and the Supreme Court; Different types of writs.
3. Interpretation of Statutes: Need for interpretation of a statute; Principles of Interpretation; Aids to Interpretation; Legal Terminologies; Reading a Bare Act & Citation of Cases
4. General Clauses Act, 1897: Key Definitions; General Rule of Construction; Retrospective Amendments; Powers and Functions;Power as to Orders, Rules, etc., made under Enactments.
5. Administrative Laws: Conceptual Analysis; Source and Need of Administrative Law; Principle of  Natural Justice; Administrative Discretion; Judicial Review & Other Remedies; Liability of Government, Public Corporation.
6. Law of Torts: General conditions of Liability for a Tort; Strict and Absolute Liability; Vicarious Liability; Torts or wrongs to personal safety and freedom;Liability of a Corporate Entity/Company in Torts; Remedies in Torts.
7. Limitation Act, 1963: Computation of the Period of Limitation; Bar of Limitation; Effect of acknowledgment; Acquisition of ownership by Possession; Classification of Period of Limitation.
8. Civil Procedure Code, 1908: Civil Procedure Code, 1908: Structure and Jurisdiction of Civil Courts; Basic Understanding of Certain Terms - Order, Judgment and Decree, Stay of Suits, Cause of Action, Res Judicata, Summar Proceedings, Appeals, Reference, Review and Revision; Powers of Civil Court and their exercise by Tribunals; Institution of Suit; Summary Procedure.
9. Indian Penal Code, 1860: Introduction; Offences against Property-Criminal Misappropriation of Property, Criminal Breach of Trust, Cheating, Fraudulent Deeds and Dispositions of Property; Offences relating to Documents and Property Marks  Forgery; Defamation; Abetment and Criminal Conspiracy.
10. Criminal Procedure Code, 1973: Classes of Criminal Courts; Power of Courts; Arrest of Persons; Mens Rea; Cognizable and Non Cognizable Offences; Bail; Continuing Offences; Compounding of Offences Summons and Warrants; Searches;Summary Trial.
11. Indian Evidence Act, 1872: Statements about the facts to be proved; Relevancy of facts connected  with the fact to be proved;Opinion of Third Persons ; Facts of which evidence cannot be given; Oral, Documentary and Circumstantial Evidence; Burden of proof; Presumptions; Estoppel Witness; Improper admission & rejection of evidence.
12. Special Courts, Tribunals under Companies Act & Other Legislations: Constitution; Powers of  Tribunals; Procedure before Tribunals; Powers of Special Courts; Power to punish for contempt; Overview of NCLT Rules; Quasi-Judicial Authorities.
13. Arbitration and Conciliation Act, 1996: Arbitration Law in India; Appointment of Arbitrators; Judicial Intervention; Award; Recourse against Award; Conciliation and Mediation.
14. Indian Stamp Act, 1899: Principles of Levy of Stamp Duty; Determination, Mode and timing of Stamp Duty; Person responsible; Consequences of Non Stamping and Under Stamping; Adjudication; Allowance and Refund ; Concept of E Stamping.
15. Registration Act, 1908: Compulsory, Optional; Time and Place of Registration; Consequences of Non Registration; Prerequisites for Registration.
16. Right to Information Act, 2005: Key Definitions; Public Authorities & their Obligations; Role of Central State Governments; Central Information Commission; State information Commission.
17. Information Technology Act, 2000 : Introduction, definition, important terms under the Act; Digital  Signatures, Electronic Record, Certifying Authority, Digital Signature Certificate; Cyber Regulation Appellate Tribunal; Offences and Penalties; Rules relating to sensitive personal data under IT Act.Case Laws,
Case Laws, Case Studies & Practical Aspects