LABOUR LAW – II

(SOCIAL SECURITY AND WAGE LEGISLATION)

Unit I : Employees Compensation Act, 1923 (Sec. 1-10, 12, 14, 14A, 17 & 20)

• Conceptual frame work of Social Security- Evolution and concept of Social Security, Scheme of Social Security, Employees Compensation Act, 1923 : Definitions, Aims & Object, Liability of Employer.
• Notional Extension & Defences, Determination of Amount of Compensation, Compensation when due, Penalty for default, Contracting Out (Sec.17), Appointment & Powers of Commissioner (Sec. 19-31)

Unit II : Maternity Benefit Act, 1961 (Sec. 3-18)

• Aims & Object, Definitions, Restriction on employment, Right to Maternity Benefit, Medical Benefit.
• Bonus, Leave Dismissal during Pregnancy (Sec. 10-16), forfeiture of Maternity benefit, Leave for Miscarriage, Penalty for contravention of Act by Employer, Cognizance of offences.
• The Payment of Gratuity Act, 1972 : Aims and Objects of Act, Definition, Controlling Authority, Payment of Gratuity, Recovery of Gratuity, Recovery of Gratuity, Determination of the amount of Gratuity

Unit III : Minimum Wages Act, 1948

• Theories and Concept of Wages, Aims & Objects of Act, Definition , Fixation & Revision of rates of Wages, Working Hours and Determination of Wages and claim etc. Authority –Appointment & Powers of the Authority.
• The Equal Remuneration Act, 1976, Payment of Remuneration at equal rates to Men and Women Employees and other matters.

Unit IV : Payment of Wages Act, 1936

• Aims & Object, Responsibility of Payment of Wages, Time of Payment of Wages & Fixation of Wage Period, Authorized Deductions (Sec.7 to 13), Appointment & Powers of Inspectors and Authority for Adjudication of Claims (Sec.15-18), Penalty for offences under the Act.
• The Payment of Bonus Act : Scope and Application, Definition, Computation of Gross profit and available surplus, Eligibility for Bonus, Disqualification for Bonus, Minimum and Maximum Bonus.
• Acts

1. Employees Compensation Act, 1923
2. Maternity Benefit Act, 1961
3. Payment of Wages Act, 1936
4. Minimum Wages Act, 1948

CODE OF CIVIL PROCEDURE & LIMITATION ACT

Unit I : Introduction

1. Definition : Decree, Judgment, Order, Foreign Court, Foreign Judgment , Mesne Profit, Affidavit, Plaint, Written statement , Legal Representative, Distinction between Decree & Judgment and between Decree and Order.Jurisdiction : Kinds, Hierarchy of Courts, Suit of a Civil nature, Concepts of Res-Subjudice and Resjudicata, Place of Suing, Institution of Suit, Parties to the suit, Joinder, Misjoinder or non-joinder of parties, Representative suit, Framing of suit, Cause of Action.

Unit II : Appearance, Examination & Trial

1. Appearance, Ex-parte Procedure, Summary & Attendance of witness, Trial, Adjournments, Interim orders, Commission Arrest and Attachment before judgment, Injunction and Appointment of Receiver, Interest and Costs.Execution : Concept, General Principles, Power of execution of decrees, Procedure for execution, enforcement, Arrest and detention, Attachment, Sale, Delivery of Property, Stay of exectution.

Unit III : Suits in particular Case

1. By or against government, By or against firm, Suit in forma pauperis, Interpleader suit Appeals, Review, Reference & Revision

Unit IV : Miscellaneous

• Transfer of cases, Restitution, Caveat, Inherent powers of Courts.Law of Limitation : Meaning, Nature & Scope of Law of Limitation, Bar of Limitation and its efficacy, sufficient cause its meaning and applicability, Legal Disability : Meaning, Scope & Effect, Continuous running of time, General Principles, Meaning, Scope & its exception, Law Relating toRegistration of documents.
• Act
• The Civil Procedure Code, 1908
• The Limitation Act, 1963

LAW OF EVIDENCE

Unit I : Introduction and Relevancy

Definition : Facts in issue, relevant fact, evidence, oral and documentary evidence, proved, disproved, not proved (Sec. 3) Relevancy and admissibility Doctrine of res gestate (Sec. 6,7,8,9)Conspiracy (Sec. 10) Facts concerning mental or bodily state Facts otherwise relevant Admission (Sec17-23+31), Confession (Sec. 24-30) Dying declaration, Expert opinion, Judicial Notice

Unit II : Method of Proving facts
Presumptions (Sec. 4,41,79,90,105,107,108,112,113-a,114 and 114-A)
Rules relating to burden of proof, Estoppel (Sec.101-117) , Privileged Communication(Sec122-129)

Unit III : Presumption regarding discharge of Burden of Proof
Evidence by accomplice [(Sec. 133 and 114 illustration(b)]
Dowry death, legitimacy of child

Unit IV :
Competent witnesses Hostile witnesses Examination of witnesses : Chief examination, Cross examination and Re-examination.Number of witnesses, order of examination, leading question
Act : Indian Evidence Act,1872

LAW OF CRIME – II (CRIMINAL PROCEDURE CODE)

Unit I : Introduction
Definition, Constitution of Criminal Courts and their powers (Sec. 6-35)
Provision for Investigation : Arrest, Search and seizure
Processes to Compel Appearance
Information to Police
Power to Investigate

Unit II : Proceedings before Magistrate
Jurisdiction of Criminal Court, inquiry and arrest
Cognizance and initiation of Proceeding before Magistrate, Complaint to Magistrate and
commencement of Proceedings Public order and Alimony , Security for Peace and good behavior Maintenance of wife, children and parents.

Unit III : Introduction to Trial & Trial procedure
Charge (Sec 211 – 224)
Trial : (a) Sessions Trial
(b) Warrant Trial
(c) Summon Trial
(d) Summary Trial
Judgement

Unit IV : Appeal, Revision and Reference
Appeal, Reference and Revision
Bail and Sentencing : Execution of Sentence, Suspension, Remission and Commutation of Sentence, Provision as to Bail, Limitation for taking cognizance
Acts :The Code of Criminal Procedure, 1973

PROFESSIONAL ETHICS AND PROFFESSIONAL ACCOUNTING SYSTEM (CLINICAL)

Unit I :

• Development of Legal Profession in India
• Constitution, Function, Powers and Jurisdiction of State
• State Bar Council and Bar Council of India
• Admission and Enrolment of Advocates

Unit II :

• Professional ethics and Advocacy, Standards of Professional Conduct and Etiquette, Conflict between
• interest and duty, Duty to court, Duty to Client, Duty to opponent, Duty to Colleagues, Duty towards
• Society and obligation to render legal aid

Unit III : Bench-Bar Relationship
Reciprocity as partners in administration of Justice, Professional Misconduct
Rights and Privileges of Advocates

Unit IV : Contempt of Court Act, 1971
Historical Development of contempt of Court Act in India, Object and Constitutional Validity of
Contempt of Court Act., Definition, Kinds of Contempt ,Contempt by Judges, Magistrates, Lawyers and other persons Cognizance, Procedure, Appellate provisions regarding Contempt Defences, Punishment and Remedies against punishment for Contempt of Court and Punishment for Contempt, Defences under contempt of court.
Cases

• Rajendra V Pai v Alex Fernandes AIR 2002 SC 1808
• In re; A an advocate AIR 1962 SC 1337
• In re; Mr. G. a Senior Advocate of SC AIR 1954 SC 557
• In re; Lalit Mohan Das AIR 1957 SC 250
• Sheo Narayan Jafa v Judge Allahabad H.C. AIR 1953 SC 368
• P.J. Ratnam v Kanikaran AIR 1964 SC 224
• In re; “ M” an Adovate AIR 1957 SC 149
• L.D. Jaisingham v Narain das N Punjabi (1976) I SCC 354
• John D’Souza v Edward Ani (1994) 2 SCC 64
• In re; V.C. Mishra AIR 1995 SC 2348
  Acts
• The Advocate Act, 1961
• Contempt of Court Act. 1971
• The Advocates Welfare Fund Act, 2001
  Rule
  The Bar council of India Rules, 1961
• In this Paper there shall be written examination of 80 marks by the university and 20 marks will be awarded on the basis of case study and viva-voce