Master of Laws
(LLM) Course, Eligibility, Syllabus, Scope, and Top colleges in Gujarat
Masters
of Laws (LL.M.) is a 2-year post-graduate degree in Law. LL.M. degree
allows a law graduate to specialize in one of many legal sub-streams. The basic eligibility for this
program is an undergraduate law degree from any
recognized university with minimum aggregate marks as per the particular
institutes' requirement.
LLM: Specializations
LLM: Eligibility
The LL.M. program can
be pursued only by the students who have successfully completed their
under-graduation in law i.e. LL.B/B.L.
Degree/5 Year LL.B. Degree course under 10+2+5 from any recognized
university with at least minimum aggregate marks as per institutes
requirement.
Certain seats are
reserved or are allocated to Foreign Nationals. Students can take admission
through common entrance test held by the universities.
Post Graduate Admissions (2019-2020)
details
Sardar Patel University
Vallabh Vidyanagar-388120
Gujarat
e-mail : vcspu@yahoo.co.in,
vc_spu@spuvvn.edu
Veer Narmad
South Gujarat University
Post Box No 49, Udhna Magdalla Road
Surat - 395007, Gujarat, [INDIA]
Phone No: +91 (0261) 2227141 to 2227146
FAX No: +91 (0261) 2227312
Toll Free : 1800 2333 011
Website: http://www.vnsgu.ac.in
Email: info@vnsgu.ac.in
Gujarat
University
Ahmedabad, Gujarat
MSU - The Maharaja Sayajirao University of Baroda
Vadodara
Constitution of India
The Indian
Constitution is the world’s lengthiest written constitution which contains 449
articles in 25 parts and 12 schedules and has been amended a total 101 times.
It is the supreme law of the country and it lays down the framework demarcating
fundamental political code, structure, procedures, powers, and duties of
government institutions while also setting out fundamental rights, directive
principles, and fundamental duties of citizens.
A constitution is a written document that contains a set of rules for a
government. It defines the fundamental political principles establishing the
structure, procedures, powers, and duties of a government. It limits the power
of the government to prevent exploitation and guarantees certain rights to the
people. The term constitution can be applied to any overall law that defines
the functioning of a government.
Historical Background
A Drafting Committee was set up by the Constituent Assembly on 29th
August 1947 to frame the Indian Constitution under the chairmanship of Dr. B.R.
Ambedkar. It took almost three years to draft the Constitution holding eleven
sessions over a 165 day period. The Constitution of India draws extensively
from Western legal traditions in its outline of the principles of liberal
democracy. It follows a British parliamentary pattern with a lower and upper
house. It embodies some Fundamental Rights which are similar to the Bill of
Rights declared by the United States Constitution. It also borrows the concept
of a Supreme Court from the United States.
The Indian Constitution was adopted by the Constituent Assembly of India on 26
November 1949 and was made effective on 26 January 1950 which is celebrated as
the Republic Day. The Constitution replaced the Government of India Act, 1935
as the country's fundamental governing document, and the Dominion of India
became the Republic of India. To ensure constitutional autochthony (the process
of asserting constitutional nationalism from an external legal or political
power), its framers repealed prior acts of the British parliament by enacting
Article 395 of the Indian Constitution.
References from other
Constitutions:
British
Constitution
·
The idea of single
citizenship
·
The idea of the Rule
of law
·
Institution of
Speaker and his role
·
Lawmaking procedure
United
States Constitution
·
Charter of
Fundamental Rights, which is similar to the United States Bill of Rights
·
Federal structure of
government
·
Power of Judicial
Review and independence of the judiciary
Irish
Constitution
·
Constitutional
enunciation of the directive principles of state policy
·
French Constitution
·
Ideals of Liberty,
Equality, and Fraternity
Canadian
Constitution
·
A quasi-federal form
of government (a federal system with a strong central government)
·
The idea of Residual
Powers
Australian
Constitution
·
The idea of the
Concurrent list
·
Freedom of trade and
commerce within the country and between the states
Soviet
Constitution
·
The Planning
Commission and Five-Year Plans
·
Fundamental Duties
Income Tax Act
Income tax is a tax levied on
the income of an individual or an entity. It is one of the primary source of
revenue of the government of India. The government undertakes various functions
including welfare and development activities related to health, education and
rural development etc. for which it requires public finance. Taxes are one of
the major source through which the government raises revenue for public
spending and it has been broadly categorized into the following two sections:
·
Direct taxes- These
include taxes which are paid by the person on whom these are levied like income
tax, corporation tax, etc.
·
Indirect taxes- These
include taxes levied on goods and services rather than on income or profits
like Goods and Services Tax.
Income Tax is usually the most visible and
discussed component of the Indian tax system. It is generally believed that
taxes on income are phenomena of modern days. However, there is enough evidence
to show that taxes on income were levied in ancient days in India as well. In
this regard, references can be made to the ancient scriptures like Manusmriti
and Kautiliyan Arthashastra.
In the modern India, the law related to income tax was introduced for the first
time in 1860 to overcome the financial crisis of 1857. Thereafter, the Income
Tax (IT) Act of 1886, IT Act of 1918 and IT Act of 1922 were introduced,
however, these acts were repealed later due to their inconsistency with the
changing requirements of the Indian society. Later, with the consultation of
the Ministry of Law the Income Tax Act 1961 was brought into effect which is
currently operative in India.
INDIAN PENAL CODE
The Indian Penal Code
(IPC) is the principal criminal code of India that defines crimes and provides
punishments for almost all kinds of criminal and actionable wrongs. The IPC
extends to the whole of India except the states of Jammu and Kashmir and is an extensive
law that covers all the substantive aspects of criminal law from nuisance at
public places to murder, rape, dacoity, etc.
The IPC came into existence in 1860 on recommendations of the
first law commission of India established in 1834 under the Charter Act of
1833. The Code was made effective during the British rule in January 1, 1862
and was applicable to the whole of the then British India except the princely
states as they had their own courts and legal systems till 1940s. The Code
was later adopted by the Independent India and Pakistan after partition. The
Ranbir Penal Code applicable in Jammu and Kashmir is also based on this Code.
It is applicable to all the citizens of India. The IPC has been amended
numerous times since then and is now supplemented by various other criminal
provisions. At present, the IPC is divided into 23 chapters and contains 511
sections in total.
Following is
the list of bailalble offences under the Indian Penal Code:
Section
140- Wearing soldier’s garb, sailor, airman
Section
144- Punishment for unlawful assembly
Section
154- Owner or occupier of land on which unlawful assembly is held
Section
158- Owner or occupier land on which unlawful assembly is held
Section
166- Public Servant disobeying direction under law
Section
167- Public servant framing incorrect document
Section
177- Furnishing false information
Section
181- False statement on oath to public servants
Section
186- Disobedience to order duty promulgated by public servant
Section
189- Threat of injury to public servant
Section
191- Giving false evidence
Section
195A- Threatening any person to give false evidence
Section
203- Giving false information with respect to an offence
Section
210- Fraudulently making false claim in court
Section
223- Escape from confinement or custody negligently suffered by public servant
Section
213- Taking gift, to screen an offender from punishment
Section
228- Intentionally insult or interruption to public servant sitting in judicial
proceedings
Section
264- Fraudulent use or false instrument for weighing
Section
269- Negligent act likely to spread infectious disease dangerous to life
Section
279- Rash driving or driving on a public vehicle
Section
283- Danger or obstruction in public way or line of navigation
Section
292- Sale of obscene book
Section
297- Trespassing on burial places
Section
304A- Punishment for causing death by negligence
Section
309- Attempt to commit suicide
Section
318- Concealment of birth by secret disposal of body
Section
323- Causing hurt
Section
349- Using force
Section
354D- Stalking
Section
363- Punishment for Kidnapping
Section
417- Punishment for Cheating
Section
426- Punishment for Mischief
Section
447- Punishment for Criminal trespass
Section
465- Forgery
Section
477A- Falsification of accounts
Section
489C- Possession of forged currency notes or banknotes
Section
494- Marrying again during lifetime of husband or wife
Section
496- Marriage ceremony fraudulently gone through without lawful marriage
Section
498- Enticing or taking away or detaining with criminal intent
Section
500- Punishment for Defamation
Section
506- Criminal intimidation
Section
509- Word, gesture or act intended to insult the modesty of a woman
Section
510- Misconduct in public by drunken person
Following is
the list of non-bailable offences under the Indian Penal Code:
Section
121- Waging or attempting to wage war, or abetting the waging of war, against
the Government of India
Section
124A- Sedition
Section
131- Abetting mutiny or attempting to seduce a soldier, sailor or airman
Section
172 Absconding to avoid service of summons
Section
232- Counterfeiting Indian coin
Section
238- Import or export of counterfeiting Indian coin
Section
246- Fraudulently diminishing weight of coin
Section
255- Counterfeiting of government stamp
Section
274- Adulteration of drug
Section
295A- Deliberate and ,malicious act intended to outrage religious feelings of
any class, by insulting religious beliefs
Section
302- Punishment for murder
Section
304- Punishment for Culpable homicide not amounting to murder
Section
304B- Dowry death
Section
306- Abetment of suicide
Section
307- Attempt to murder
Section
308- Attempt to commit culpable homicide
Section
369- Abduction of child under the age of 10 years
Section
370- Trafficking of person
Section
376- Punishment for Rape
Section
376D - Gang rape
Section
377- Unnatural offence
Section
379- Punishment for theft
Section
384- Punishment for extortion
Section
392- Punishment for robbery
Section
395- Punishment for dacoity
Section
406- Punishment for criminal breach of trust
Section
411- Dishonestly receiving stolen property
Section
420- cheating and dishonestly inducing delivery of property
Section
489A- Counterfeiting currency notes or bank notes
Section
498A- Husband or relatives of husband of a woman subjecting her to cruelty
THE CODE OF CIVIL PROCEDURE, 1908
The Code of Civil Procedure, 1908 is a procedural law related to the administration of civil proceedings in India.The Code is divided into two parts: the first part contains 158 sections and the second part contains the First Schedule, which has 51 Orders and Rules. The sections provide provisions related to general principles of jurisdiction whereas the Orders and Rules prescribe procedures and method that govern civil proceedings in India.
To give uniformity to Civil Procedure, Legislative Council of India, enacted Code of Civil Procedure, 1858, which received the assent of Governor-General on 23 March 1859. The Code however, not applicable to Supreme Court in the Presidency Towns and to the Presidency Small Cause Courts. But it did not meet the challenges and was replaced by Code of Civil Procedure Code, 1877. But still it did not fulfill the requirements of time and large amendments were introduced. In 1882, the Code of Civil Procedure, 1882 was introduced. With passing of time it is felt that the Code needs some flexibility to breathe the air of speed and effectiveness. To meet these problems Code of Civil Procedure, 1908 was enacted. Though it has been amended number of time it stood the test of time.
CrPC Sections - Code of Criminal Procedure 1973 Sections
The Code of Criminal Procedure, 1973 is the main legislation that provides for the procedure for the substantive criminal law in India. It extends to the whole of India except the State of Jammu and Kashmir
The Code of Criminal Procedure (CrPC ) is the main legislation on procedure for administration of substantive criminal law in India.
It was enacted in 1973 and came into force on 1 April 1974. It provides the machinery for the investigation of crime, apprehension of suspected criminals, collection of evidence, determination of guilt or innocence of the accused person and the determination of punishment of the guilty. Additionally, it also deals with public nuisance, prevention of offences and maintenance of wife, child and parents.
