Max. Marks : 100 Min Pass Marks : 36
1. In order to ensure that students do not leave out important portions of the syllabus, examiners shall be free to repeat the questions set in the previous exam.
2. Leading cases prescribed under this paper may be read wherever they are relevant .
Contents : Jurisprudence :
Definitation Nature and Scope.
i. Importance of Jurisprudence.
ii. Schools of Jurisprudence; Analytical, Histrorical and Sociologcal including Amercian Realism and Natural Law School.
Nature of Law
A. Meaning, Custom, Kinds, Tests of Particular legal custom; Importance of custom; Theories of customary law.
B. Precedents, kinds, Ratio decidendi obiter decta; Declaratory theory of precedent; judge-made law theory,
C. Legislation; kinds, comparison between legislation and other sources of law.
Concepts of Law
Rights and duties : Nature of Rights and Duties; Corelaration of Rights and Duties; Kinds of Rights and Duties; Property; Definition and kinds; Negligence; Criminal liability.
Ownership and Possession :
A. Meaning of Ownership; Kinds, Definition of ownership by Austin and Salmond.
B. Relation between ownership and possession. Importance of Possession; Elements of corporeal possession and problems; Theories of possession; Salmond and Savigny....................
person Nature of personality; kinds, corporate personality; problems legal persons and punishment.
Leading Cases :
1. Kesavananda Bharti v. State of Kerala, AIr 1973 SC 1451; (Per Mathewj) 1974; paras 1617;1616 (Sovereigty)1685 - 1698(Natural Law and Natural Rights); 1726 - 1729 (Rescoe Pound and Sociological Juriprudecne).
2. Maharaja Shree Umaid Mills Ltd. v. Union of India, AIR 1963 Sc 953 paras 12, 13, 14 (Per S.K.Das) Concept of Law; Legislative agreements.
3. Smt. Indra Nehru Gandhi v. Raj Narain, AIR 1975 SC 2299; Paras 299, 489 (Per Methew, J. ) (Generality as a Property of Law).
4. Keshav Singh v, State of U.P.; AIR 1965 Sc 9 to 17, (Per Sarkar, J. ) Law making by judicial and legislative Comity).
5. Bengal Immunity v. Union of India, AIR 1978 Sc 597.