Family Law, PIL, Administrative Law – AIBE Syllabus Details Part 3

This series consists of seven articles, which expand the complete syllabus for the AIBE – All India Bar Exam.

1. Constitutional Law, IPC, CrPC – Part 1

2. Code of Civil Procedure, Evidence Act, ADR – Part 2

3. Family Law, PIL, Administrative Law – Part 3

4. Professional Ethics, Company Law, Environmental Law – Part 4

5. Cyber Law, Labour & Industrial Law, Law of Torts – Part 5

6. Taxation Laws, Contract Law, Negotiable Instruments, Property Law – Part 6

7. Land Acquisition Act, Intellectual Property Laws – Part 7

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I would like to thank you for the CLAT PG LLM COURSE. Practising mock tests there helped me in getting confidence and hence I was able to get AIR 45 in CLAT PG LLM - Akshay Awasthi

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"I got AIR 18 in CLAT PG and General Category rank 28 in AILET PG. I want to thank you for helping me practice well in controlled conditions from any place. It gave me a lot of confidence and I took the tests while travelling too. I also made it to IIT Kharagpur." - Vinodharani

"Lawmint has been of great help to me in securing AIR 25 in AILET PG and AIR 29 in CLAT PG examinations. The subjective and objective approach of the test series kept me up to date with the latest exam pattern." - Bhawna Nanda

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Family Law – 8 questions

HINDU LAW

The knowledge of family laws is important for lawyers. This course is designed to endow the students with knowledge of both the codified and uncodified portions of Hindu law. The course concerns itself with the sources, schools, institutions, succession, maintenance, menace of dowry, etc.

Introduction – Concept of Dharma – Sources of Hindu Law – Modern and Ancient – Importance of Dharma Shastra on Legislation – Two Principal Schools of Hindu Law – Application of Hindu Law.

Marriage and Kinship – Evolution of the Institution of Marriage and Family- Law Prior to Hindu Marriage Act -A detailed study of Hindu Marriage Act, 1955 -Matrimonial Remedies – Maintenance and Alimony; Customary Practices and legislative provisions relating to dowry prohibition.

Hindu undivided family – Mitakshara Joint Family – Formation and Incidents – Property under both Schools – Kartha: His Position, Powers, Privileges and Obligations – Debts – Doctrine of Pious Obligation – Partition and Reunion –Religious and Charitable Endowment.

Inheritance and Succession – Historical perspective of traditional Hindu Law relating to Inheritance – A detailed study of Hindu Succession Act, 1956. Stridhana- Woman’s Property – Recent State and Central Amendments to Hindu Succession Act; Gifts and Testamentary Succession – Wills.

Law relating to Hindu Minority and Guardianship: Kinds of Guardians; Duties & Powers of Guardians; A detailed study of Hindu Adoption and Maintenance Act, 1956; Maintenance: Traditional Rights and Rights under Hindu Adoption & Maintenance Act 1956.

 

Public Interest Litigation – 4 questions

The concept of Public Interest Litigation (PIL) is in consonance with the principles enshrined in Article 39A of the Constitution of India to protect and deliver prompt social justice with the help of law. Before the 1980s, only the aggrieved party could approach the courts for justice.

After the emergency era the high court reached out to the people, devising a means for any person of the public (or an NGO) to approach the court seeking legal remedy in cases where the public interest is at stake. Justice P. N. Bhagwati and Justice V. R. Krishna Iyer were among the first judges to admit PILs in court.

Filing a PIL is not as cumbersome as a usual legal case; there have been instances when letters and telegrams addressed to the court have been taken up as PILs and heard.

Topics covered

• Concept of Public Interest Litigation and Public Interest Litigation in India.
• Constitution of India, Articles in Parts III and IV.
• Philosophical Basis of Public Interest in India, Concept and Scope of Locus Standi.
• Procedural Law in Public Interest Litigation.
• Breach of Directive Principles of State Policy vis-à-vis Public Interest Litigation.
  Socio-Economic Justice vis-à-vis Public Interest Litigation in India.
• Judicial Activism to Public Interest Litigation Act.
  a) Judicial Activism – Genesis and Relevance.
  b) Critical Appraisal of Public Interest Litigation in India.
  c) Uses of Public Interest Litigation and Abuses of Public Interest Litigation.
• Role of Judiciary in enforcement of rights through Public Interest Litigation and Social Action Litigation.
  a) Atrocity over foot path dwellers.
  b) Police atrocities. Some leading cases on custodial death, torture, handcuffing and illegal detention by police.
  c) Environment and Pollution.
  d) Misuses of Public Property.
  e) Status and Rights of women in Indian Society.

 

Administrative Law – 3 questions

One of the perennial problems of the civilized society is to control the exercise of public power. Administrative Law is concerned with controlling the misuse of public power, by laying down general norms of administrative behavior.

This course will deal with the nature, scope and functions of Administrative Law, the nature and control of delegated legislative power, regulation of discretionary powers and general principles of Administrative adjudication. This course further deals with the role played by courts in the development of Administrative Law.

The Focus is on their role in protecting the rights of individuals against abuse of administration. In addition adjudicatory powers of the administration and liability of administrative authorities are also studied in this course.

Evolution- Nature and Scope of Administrative Law- Relation with Constitutional Law- Separation of powers and concepts- Rule of law- Counsil d’ Etate, (French system) – Classification of Administration Action- functions- Administrative direction and discretion. UNIT –II Legislative power of the administration- Extent of delegation and control over delegated Legislation- Sub-delegation- Judicial- Parliamentary control over delegated Legislation.

Judicial power of Administration- Nature of procedure- Principles of Natural justice- Effect of non-compliance with principles of Natural Justice- Exception to principles of Natural Justice.

Judicial control of Administrative action – Writs, Principles and Procedure – Public Law Review and Private Law Review of Administration action- Liability of State – Torts, Contract- Promissory Estoppel-Government Privileges- Right of information- Doctrine of Legitimate expectation- Doctrine of Accountability- Waiver- Doctrine of Proportionality.

Corporations and Public undertaking- Commission of Enquiry- Ombudsman in India (Lokpal and Lokayuktha) – Central Vigilance Commission- Parliamentary Committees- Civil services in India- Accountability and responsibility- Problems and Prospectives- Administrative deviance- Corruption- Mal-administration- Control mechanism of Accountability.

This series consists of seven articles, which expand the complete syllabus for the AIBE – All India Bar Exam.

1. Constitutional Law, IPC, CrPC – Part 1

2. Code of Civil Procedure, Evidence Act, ADR – Part 2

3. Family Law, PIL, Administrative Law – Part 3

4. Professional Ethics, Company Law, Environmental Law – Part 4

5. Cyber Law, Labour & Industrial Law, Law of Torts – Part 5

6. Taxation Laws, Contract Law, Negotiable Instruments, Property Law – Part 6

7. Land Acquisition Act, Intellectual Property Laws – Part 7

Note : Always refer to the current year’s official advertisement for the latest topics and number of questions.

Authentic Feedback from previous LawMint users :

I got AIR 21 in CLAT PG. Thank you so much. Your mocks helped me a lot in my preparation 🙂 - Ayushi Jain

I have subscribed to your CLAT PG program and got AIR 36 in this year CLAT PG. I have also secured AIR 54 in AILET PG exam. I would like to thank you. Your mock paper really helps a lot - Shrashank Tripathi

I would like to thank you for the CLAT PG LLM COURSE. Practising mock tests there helped me in getting confidence and hence I was able to get AIR 45 in CLAT PG LLM - Akshay Awasthi

A year back, I relied on the IIT Kharagpur RGSOIPL mock test series by LawMint to prepare for my RGSOIPL entrance test. Few months back, I relied on your UGC NET Law series to prepare for UGC NET. I was the topper of the RGSOIPL entrance, and have cracked JRF in UGC NET. All thanks to LawMint - Anshuman Sahoo

"I got AIR 18 in CLAT PG and General Category rank 28 in AILET PG. I want to thank you for helping me practice well in controlled conditions from any place. It gave me a lot of confidence and I took the tests while travelling too. I also made it to IIT Kharagpur." - Vinodharani

"Lawmint has been of great help to me in securing AIR 25 in AILET PG and AIR 29 in CLAT PG examinations. The subjective and objective approach of the test series kept me up to date with the latest exam pattern." - Bhawna Nanda

"I, Nimmy Saira Zachariah joined you clat test series. I cleared AILET PG with 30th rank. Your test series were of immense help as it gave me clear idea of where my preparations stand thank you once again law mint." - Nimmy S Z

"Hey guys. Where do I start? If I thought that getting AIR 59 in Clat PG was it, then how wrong I was. With Lawmint now I have cracked UGC NET as well." - Joyanta Chakraborty

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