PAPER-1 Jurisprudence, Interpretation & General Laws CS Executive Mod-1

a. To provide understanding, application and working knowledge of jurisprudence and general laws.
b. To inculcate interpretational skills and to teach the manner of reading law
Level of Knowledge: Working Knowledge
Detailed Content

*Meaning of Law and its Significance
*Relevance of Law to Civil Society
*Jurisprudence & Legal Theory
*Schools of Law propounded by Austin, Roscoe Pound, Salmond, Kelsen, Savigny, Bentham and others
*Statutes, Subordinate Legislation, Custom, Common Law, Precedent, Stare decisis

 Broad Framework of the Constitution of India
*Fundamental Rights, Directive Principles of State Policy and Fundamental Duties
*Legislative framework and Powers of Union and States
* Judicial framework l Executive/Administrative framework
*Legislative Process
*Finance Bill and Other Bills
*Parliamentary Standing Committees and their Role
*Writ Jurisdiction of High Courts and the Supreme Court
*Different types of writs

*Need for interpretation of a statute
*Meanings of Interpretation of Statutes
*State and the casus omissus
*Interpretation of Definition Clause
*Principles of Interpretation including Heydon’s Rule of Interpretation, Golden Rule of Interpretation
*Aids to Interpretation
*Legal Terminologies
*Reading a Bare Act & Citation of Cases
*Pari Materia
*Harmonious Construction
*Prospective and retrospective operation l Use of “May” and “Shall”
*Use of “And” and “or”
*Interpretation of proviso l Latin maxims used to interpret words and phrases
*Contemporanea Expositio
*Deeming provisions l Repugnancy with other statutes
*Conflict between general provision and special provision
*Socially beneficial construction
*Interpretation of Procedural Law
*Interpretation of fiscal and taxing statutes
*Delegated legislations
*Conflict between Statute, Rules and regulations
*Doctrine of substantial compliance
*Doctrine of impossibility of performance
*Strict Construction of penal statutes
*Interpretation of Fiscal and Taxation Statute
*Brief of General Clause Act, 1897
*Reading Methodology of the Companies Act, 2013 and its Legal Aura

*Conceptual Analysis
*Source and Need of Administrative Law
* Principle of Natural Justice
*Administrative Discretion
*Judicial Review & Other Remedies
*Liability of Government, Public Corporation

*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

*Structure and Jurisdiction of Civil Courts
*Basic Understanding of Certain Terms - Order, Judgment and Decree, Stay of Suits, Cause of Action, Res Judicata, Sub-judice
*Summary Proceedings/Procedures, Appeals, Reference, Review and Revision
*Powers of Civil Court and their exercise by Tribunals
*Institution of Suit
*Law relating to Commercial Courts

*Introduction
*Classes of Criminal Courts
*Power of Courts l Arrest of Persons
*Mens Rea and Actus Reus
*Cognizable and Non-Cognizable Offences
*Bail
*Continuing Offences
*Compounding of Offences
*Summons and Warrants
*Searches l Summary Trial
*Offences against Property
*Criminal Breach of Trust
*Cheating, Fraudulent Deeds and Dispositions of Property
*Offences relating to Documents and Property Marks
*Forgery
*Defamation

*Concept of Relevant Evidence and Admissible Evidence
*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 l
*Estoppe
*Witness
*Improper admission & rejection of evidence
*e-evidence

*Specific reliefs and defense
*Specific performance and defense
*Unenforceable contracts
*Rescission of Contracts
*Cancellation of Instruments
*Declaratory Decrees
*Preventive Reliefs

*Computation of the Period of Limitation
*Bar of Limitation
*Effect of acknowledgment
*Acquisition of ownership by Possession
*Classification of Period of Limitation

*Arbitration Law in India
*Appointment of Arbitrators
*Judicial Intervention
*Award
*Recourse against Award
*Commencement of conciliation proceedings
*Laws relating to conduct of conciliation proceedings
*Termination of conciliation proceedings
*Role of conciliator in other proceedings
*Power of High Court to make rules
*Development of Mediation Law
*Mediation rules made by Higher Courts

*Key Definitions
*Principles of Levy of Stamp Duty
*Determination, Mode and timing of Stamp Duty
*Person responsible
*Consequences of Non-Stamping and Under-Stamping
*Allowance and Refund
*Concept of E-Stamping
*Payment and Adjudication of Duty

*Registration of Documents: Compulsory, Optional
*Time and Place of Registration
*Consequences of Non-Registration
*Prerequisites for Registration
*Provisions of Transfer of Property Act, 1882 and registration of Documents
*Properties which cannot be Transferred
*Rule Against Perpetuities
*Lis Pendens
*Provisions Relating to Sale, Mortgage, Charge, Lease, Gift and Actionable Claim
*Easement Rights

*Key Definitions l Public Authorities & their Obligations
*Role of Central/State Governments
*Central Information Commission
*State information Commission

*Introduction, definition, important terms under the IT 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 l Development and Law of Data Protection

*Formation of an Agreement, Intention to create legal relationship
*Offer and invitation to offer
*Kinds of offer, communication, acceptance and revocation of offer and acceptance
*Modes of revocation of offer
*Consideration
*Basis and the nature of consideration
*Doctrine of Privity of Contract and of consideration
*Exceptions of consideration l Capacity to Contract l Free Consent
*Void and Voidable Contracts
*Discharge of Contracts
*Remedies for breach of Contract
*Quasi Contracts
*e-contract

*Important definitions
*Essentials of a Contract of Sale
*Sale Distinguished from Agreement to Sell
*Bailment, Contract for Work and Labour and Hire-Purchase
*Conditions and Warranties
*Doctrine of Caveat Emptor
*Performance of the Contract of Sale
*Effects of the Contract l Rights of unpaid seller against the goods
*Suits for breach of the contract

*Negotiable Instruments and Parties
*Material Alteration
*Crossing and bouncing of Cheques
*Dishonour of Cheques & its Remedies
*Presumption of Law as to Negotiable Instruments