Wednesday, December 12, 2018 9:44:23 PM

About Department

 
With the sole motto of providing Law Graduates of Jharkhand an opportunity to have Post Graduate Degree in Law, LL.M. (4 Semester) Course has been introduced at Ranchi College, Ranchi in year 2004. Since its inception the LL. M. Department never looked back and always achieve a new height. In its 14 years of journey it has produced not only hundreds of Post Graduates but given number of Law Scholars to the Judiciary.
Ranchi College, Ranchi has been upgraded as a Unitary State University and now it is known as Dr. Shyama Prasad Mukherjee University. With this new beginning LL.M. Department is now incarnated as University Department of Law with an aim to provide some other specialised Courses such as Post Graduate Diploma in Tribal and Customary Law etc.

Faculty Details

Academic

REGULATIONS :

  1. THE POST GRADUATE DEGREE OF MASTER OF LAWS :

The Dr.Shyama Prasad Mukherjee University, Ranchi may confer Post-Graduate Degree in Law (LL.M.) on such candidates, who are eligible for admission to the LL.M. Degree Course, have received regular instructions in the Prescribed Courses of Study, passed relevant examinations and being otherwise suitable by virtue of their character, have fulfilled such other conditions as may be laid down from time to time by the appropriate authorities.

  1. Degree:  LL. M. Degree of Dr.Shyama Prasad Mukherjee University, Ranchi.
  2. Duration & Curriculum of the Course – Two (02) Years comprises 4 (four) Semester.
  3. Mode of Admission: On the basis of merit list of Entrance Test.

Note : Having same marks in the entrance test applicant with earlier date of birth will be selected.

  1. Admission Form : Online (Website : www.dspmuranchi.ac.in) : Download Admission form from the website fill it up and submit along with prescribed fee  take print out of admission form and fee receipt and submit to the office of the department of Law along with required documents i.e.

Self attested copies of i) LL.B. Mark Sheet, ii) CLC/TC iii) Caste and Income Certificates  iv) Migration Certificate

  1. Total Number of Seats : 40+04

Open :  20 (Twenty)          ST:  10(Ten)                         SC:  04(Four)

                                                BC I:  03(Three),     BC II: 02(Two)

                                                Physically Challenged: 01(One)

Payment:      04 (Four)

  1. Reservation :

As per Government of Jharkhand Directive at present: ST- 26% (10 Seats) SC- 10% (04 Seats), BC-I, 8% (03 Seats), BC-II 06% (02 Seats) One (01) Seat for Physically Challenged Applicants.

8.       The Curriculum and Duration of Studies:

  1. The curriculum of the LL.M. Degree shall comprise of the courses set out in schedule "A"
  2. The Board of Studies in Law shall prescribe changes in Paper and/or contents of various papers as per requirement of the time and report the matter to the Academic Council of the DSPM University for its consideration.
  3. The Curriculum of Study for the LL.M. Degree shall be spread over to two Academic Years divided in to Four Semesters.
  4. The Academic Year shall extend from the day of the reopening of University after Summer Vacation to the last working day of the concerned academic years.

Research

Achievements

Admission

 

  1. Candidates for the LL.M. Degree shall first be admitted to the first Semester on the basis of LL.M. Entrance Test (LL.M.E.T) to be organized by LL.M. Department of Dr. Shyama Prasad Mukherjee University, Ranchi.
  2. A candidates possessing 3 years LL.B. Degree after Graduation under 10+2+3 pattern or 5 years LL.B. Degree under 10+2+5 pattern recognized by the Bar Council of India and/or UGC with a minimum of 50% marks in aggregate or equivalent for General,BC-I  BC-II and 45% Marks for ST/SC Candidates shall be eligible to appear in the LL.M. Entrance Test organized once every years.
  3. Entrance Test:  Place of Test:   DSPM, University, Ranchi.
  4. Level of Test:                                   LL.B.

Total duration of the Test-           03 Hours,

No. of Parts of Test-                      Two Parts (I & II)

PART-I

            Full Marks                            :           100

Type of Test                         :           Written Examination

Duration of Exam.              :           02 Hours

Subject                                  :           Jurisprudence and Constitutional Law                         of India

Group                                    :           Two (A & B)

Group-A:  Jurisprudence.

Group-B:  Constitutional Law of India

PART- II

            Full Marks                            :           100

No. of Questions                :           50

Duration of Test                 :           01 Hours

Type of the Test                  :           Online Objective Multiple                                                                        Choices

Subject                                  :           Jurisprudence and Indian Constitution.

           

 

  1.   Minimum Qualifying Marks in the Entrance Test :

              Provided that for admission to the course of instruction for the LL.M. it shall be necessary for students appearing in the LL.M. Entrance Test to have obtained following qualifying marks in the "Entrance Test" to be conducted by the DSPM University.

a. Open Category:  50% of total marks of the entrance test

b. B.C. Category:     40% of total marks of the Entrance Test,

c. ST/SC Category:  35% marks of total marks of the Entrance                                         Test.

Important : No examinee will be allowed to enter the examination hall after 20 minutes of the commencement of Test.

                        At the time of Admission Candidates will have to submit following documents:

                        i)Declaration :

Prescribed undertaking form will have to be submitted at the time of Admission duly singed by the applicant.

         ii)        Original CLC/TC

iii)        Original Income Certificate

iv)       Original Migration Certificate

Note: Bring all requisite documents in original at the time of document verification for admission.

  1. Out of total seats available for LL.M. Course 10% seats shall be paid seats which shall be over and above the total seats.
  2. RESERVATION :

Institutional preference not exceeding 25% of the Total Seats available may be given to Ranchi University Students.

Reservation for the ST, SC, OBC and others shall be as per the University students/Statutes/Jharkhand Government Reservation Guidelines. 

  1. FEE STRUCTURE :

Fee for each Semester shall be Rs. 20,000/- (Rupees Twenty Thousand) only for all categories and Rs. 30,000/- (Rupees Thirty Thousand) only for Paid seats. Fee Structure can be changed as per the decision of the DSPM University/Govt. of Jharkhand.

Course Fee along with other admissible fee may be deposited online only and print of the fee receipt must be submitted to the Office of the Department.

  1. REGULAR COURSE OF STUDY :

A candidate for the Degree of Master of Laws shall be required to:

  1. Study three compulsory papers in LL.M. first Semester. Three papers of Business Organization in LL.M., Second Semester, three papers of Contract and Insurance in LL.M., Third Semester
  2.  To attend Lectures, Tutorials and Seminars on regular basis.
  3. The Dean, Faculty of Law, DSPM University/Faculty-in-Charge,  DSPM University shall be authorised to take decision in consultation with the members of other faculty with regard to the running of the Optional Group/Groups.
  4. In fourth Semester the Students have to write a dissertation on a topic approved by the Dean, Faculty of Law, DSPM University/Faculty-in-Charge, DSPM University in consultation with the supervisor who, necessarily, shall be the member of the Faculty. However, the Dean Faculty-in-Charge may permit for a Co-supervisor, who shall be eligible for 11 (g) of this Regulation.
  5. ATTENDANCE :

A student has to attend not less than 75% of the lectures, tutorials and seminars in each of the first three semesters to be eligible to appear in the Final Examination of relevant semesters. However, in the fourth Semester the attendance shall be counted on the basis of the report of the supervisor regarding regularity.

  1. EXAMINATION :

There shall be an End Semester Examination to be conducted by DSPM University for First, Second, Third and Fourth Semester for regular and Ex-Regular students. The candidate for the Degree of Master of Laws shall be required to pass in the prescribed courses as per the provision (14) of this prospectus.

Provided that a supplementary Examination for the benefit of the back loggers of any semester shall be held within thirty days of the declaration of the results of the main examination for examiners of 2010-12 onwards.

The provision of supplementary Examination shall be subject to decisions of Academic Council/Examination Board from time to time whose decision shall be final. Back loggers appearing in any supplementary examinations shall bear all the expenses involved in the conduct of such Examination.

A candidate shall be examined in nine papers 03 papers each in first, second and third semesters. All papers, except Legal and Social Science Research method, shall carry 100 marks each and will be of three hours duration covering prescribed courses of study.  

The paper on Legal and Social Research Method shall carry 50  Marks and the evaluation shall be made/done on the basis of written assignments and oral examination. Submission of completed Project Work is essential condition for filling up the end semester examination form of Semester-I.

  1. REGISTRATION :

A candidate shall apply for Registration on the prescribed form along with the Fee and Original Migration Certificate at time of Admission as prescribed by the University from time to time.

  1. ADMIT CARD :
  2. No candidate shall be admitted to the LL.M. Degree Examination unless he/she produces his/her Admit Card to the Officer conducting the Examination or satisfies such officer about his/her identity and eligibility to appear in the Examination with the condition that he/she will produce the Admit Card in the next paper Examination.
  3. The Controller of Examinations may, if satisfied that an Admit Card has been lost or destroyed, issue a duplicate Admit Card on the payment of prescribed fee with an affidavit.
  4. LL.M. Examination :
  5.  Eligibility :

The LL.M. Degree Examination shall be open to a student who, having been admitted to the LL.M. Course of Study; has pursued a regular course of study for the said examination.

  1. Written Paper :

A candidate for the LL.M. Degree Examination shall be examined in nine theory papers and one dissertation work divided in four semesters as mentioned in Schedule-A

  1. Dissertation :
    1. Candidate shall be required to submit the dissertation within a period of 04 months after the completion of 3rd Semester.
    2. The candidate shall be required to secure at least 50% marks in the dissertation to pass the Examination.
    3. The Examiner shall either :
  2. Award at least 50% marks in Dissertation, or
  3. Return the Dissertation for revision, or
  4. Reject the Dissertation.
    1. The candidate whose dissertation is returned for revision may revise the dissertation and resubmit it within a period of two months.
    2. In case the candidate fails to resubmit the Dissertation within two months, he/she shall have to write a dissertation on a new topic assigned by the Dean, Faculty of Law/Faculty-in-Charge, DSPM University, Ranchi. In no case this relaxation shall exceed the maximum prescribed period for completion of LL.M. Degree Course.
    3. The candidate, whose dissertation has been rejected may, with the approval of the Dean, Faculty of Law/Faculty-in-Charge, DSPM University, Ranchi write a disseration on a new topic and submit within a period of six months. If he/she fails again, another topic may be assigned to him/her by the Dean Faculty of Law/Faculty-in-Charge, DSPM University, Ranchi. In no case this relaxation shall exceed the maximum prescribed period for completion of LL.M. Degree Course.
    4. A dissertation shall be examined by a Board of two Examiners of whom at least one shall be external examiner having experience of LL.M. teaching or a person of high repute in the field of Law.
    5. The evaluation of the two examiners shall be co-ordinated as here under :
    6. Each Examiner shall award marks out of 75
    7. If the marks awarded by the two examiners vary by 20 marks or more the dissertation shall be examined by a third examiner, whose decision shall be final.
    8. If any one of the examiners returns the dissertation, it shall be examined by another examiner whose decision shall be final.
    9. If one examiner has rejected a dissertation and another examiner has returned it for revision, the dissertation shall be processed for revision.
    10. If any examinee fails in the Dissertation written work but has passed in the viva-voce, it will be presumed that the examinee has failed in Dissertation Work and he/she has to write Dissertation on a new topic and he/she appear in the viva-voce for the fresh dissertation and marks obtained in this viva-voce will be valid.
  5. VIVA-VICE EXAMINATION :
  6. The Viva-Voce Examination shall be conducted by a Board of Examiners consisting of Dean, Faculty of Law/Faculty-in-Charge, DSPM, University, Ranchi. One Senior Member of the Faculty and at least one External Examiner having experience of LL.M. Teaching or eligible as per-II (g).
  7. The Viva-Voce Examination shall carry 100 marks and the candidate shall be required to obtain a minimum of 50 marks to pass the Viva-Voce Examination.
  8. REGISTRATION FOR EXAMINATION :
  9. A candidate shall not be registered for Examination without undergoing a regular course of study of that semester. Those pursued a regular course of study; fails to appear in the written examination of any semester shall be registered for the examination.
  10. Who having appeared, fails to secure minimum pass marks in any one or more papers of the said semester, or fail to appear in any paper of the said semester, may appear in the concerned paper or papers in any subsequent examination of the year.

N.B. :

  1. Where a candidate submits himself for re-examination under the aforesaid clause (i) or clause (ii) the marks obtained by him/her in the written papers, as the case may be, in the previous examination shall be cancelled and his/her result shall be declared on the basis of his/her performance at the re-examination except Paper-III of First Semester.
  2. A student admitted to the LL.M. Degree Course shall have to complete all the prescribed requirements within a maximum period of five years from and including the year of admission in order to be eligible for the award of the Degree.
  3. SCALE & MARKS DIVISION AND DISTRIBUTION :

Minimum Pass Marks in :

  1. Written Papers                               :           50% Marks in each paper
  2. Project Work Evaluation/Dissertation: 50% Marks  out ofthe full marks as the case may be.
  3. Viva-Voce                                         :           50% Marks.

Division

  1. First Class:    65% Marks and above of the Aggregate of Marks.
  2. Second Class: 50% Marks and above of the Aggregate of Marks.

Distinction:

A Student who secures 75% marks or more in the aggregate shall be declared to have obtained distinction.

            Merit :

The order of Merit shall be determined on the basis of aggregate marks obtained in the prescribed courses of study for the LL.M. Degree Examination by the candidates who passed in the first attempt, within a period of their being admitted to the LL.M. previous.

  1. DEFINITION :
  2. A "Regular Student" is one who has pursued a regular course of study and completed prescribed attendance mentioned hereafter and is eligible to appear in the examination for the aforesaid course.
  3. "Ex-Student" means one who has pursued a regular course of study in the Faculty for at least one academic year proceeding the date of the annual examination and has failed to appear in that examination, though otherwise eligible.
  4. TIMING OF CLASSES :

In General Classes of LL.M. shall start from 1:30 p.m. on every working day and from 10:00 a.m. during vacations in DSPM, University, Ranchi.

Facilities Provided

SYLLABUS :

SCHEDULE "A"

LL.M. Two years (Four Semester) Degree Course shall be divided into two parts comprising of Four Semesters.

PART-I

SEMESTER –I:          COMPULSORY PAPERS

Paper-I          :           Legal Philosophy

Paper-II         :           Indian Constitutional Law

Paper-III        :           Legal and Social Science Research Methods.(Project Work)

SEMESTER –II:        BUSINESS ORGANIZATION

Paper-IV       :           Business Organisation (Company Law Excluding Management)

Paper-V         :           Business Management (Company Management and Administration)

Paper-VI       :           Law relating to Multination/Corporations/Regulations of Labour Management Relations.   

SEMESTER –III :      CONTRACT AND INSURANCE

Paper-VII      :           General Principles of Contract

Paper-VIII     :           Specific Contracts

Paper-IX        :           Insurance

PART-II

SEMESTER –IV :     

The IVth Semester shall be devoted to writing a dissertation on an approved topic and teaching assignment of at least 10 periods on select modules related to the topic of dissertation in the presence of two Senior Teachers. A student is also required, at least one month before the submission of the dissertation, to present a Seminar on the topic of Dissertation before the Faculty Committee. Only on the approval of the Faculty Committee the student shall be allowed to submit the dissertation for examination. The Faculty Committee shall give due consideration to the report of the above referred two teachers in allowing the submission of the dissertation for examination. The date of the submission of the dissertation shall be decided by the University Department of Law of the University.

SYLLABUS OF THE COMPULSORY PAPERS

SEMESTER-I

PAPER : C-I : LEGAL PHILOSOPHY :

  1. Concepts of Jurisprudence, Legal theory and Legal Philosophy, Scope of Legal Philosophy, Schools of Jurisprudence; Relevance of Social Science and their relations with Law.
  2. Philosophical School :
  3. Frederick Georg Wihel Hegel
  4. Immanuel Kant
  5. Analytical Legal Position :

         Ideological Basis of the Rise of Positivism; Austinian Theory of Law; HLA Hart, Hans Kelsen.

  1. Sociological Realist Theory
  2. American Realist Theory
  3. Historical Jurisprudence: Fredrick Karl Von Savigny and Sir Henry Summer Maine.
  4. Natural Law: Characteristics of Natural Law: History of Natural Law Thought: Classical Natural Law; Decline and Revival of Natural Law.
  5. Marxist Theory of Law
  6. Law and Morals
  7. Sources of Law: Custom; Precedent and Legislation.
  8. Legal Rights: Hohifieidian of Property.
  9. Concept and Theories of Property.
  10. Concept and Theories of Legal Personality.

PAPER : C-II : INDIAN CONSTITUTIONAL LAW :

  1. Indian Federalism :

Conceptual position. Cooperative Federalism, Indian Federalism from the British Raj to the present time. Nature of the Indian Constitution.

  1. Distribution of Legislative Powers:

The scheme of distribution of Legislative Powers in India.

The Judicial approach and the present position. Sarkaria's

Recommendations.

  1. The Supreme Court :

Jurisdiction and powers of the Supreme Court: Independence of Judiciary, its role as the guardian of the Constitution, Supreme Court of Indian and Social Jurisprudence.

  1. Right to Equality :

Its scope, permissible classification. New approach to Article 14, Equality of opportunity in matters of Public employment and in admission to educational Institutions.

  1. Right to Freedom of Speech and Expression :

The area of the Freedom and its limitations (Special emphasis shall be paid to the liberty of press as interpreted by the Supreme Court).

  1. Right to Life and Personal Liberty :

The changing dimensions of personal liberty. Impact of Maneka Gandhi case on Criminal Justice.

  1. Right to Freedom of Religion :

The scope of the Freedom and the State Control. Individual's Freedom Vs Freedom of the Denomination.

  1. Amending Powers :

Scope of the Constituent Power, Amending Process; The process in action, limitations and the Judicial Response.

PAPER : C-III : LEGAL AND SOCIAL RESEARCH METHOD :

PART-A: STUDY

  1. Introduction :

Meaning and objectives of Research; kinds of Research; Importance of Research; Criteria of Good Research; Problems of Researchers in India.

  1. Formulation of the Research Problems :

Selection of Problem; Different steps in formulating the Problem; Illustrations.

  1. Research Methodology :

Procedural Guideline regarding the Research Process; Defining the Research problems; Survey of the Literature; Working Hypothesis; Preparation of Research Design. Determination of Sample Design Collection of Data; Observation; Personal Interviews; Questionnaires and Schedules; Analysis of Data; Test of Hypothesis; Preparation of the Report. 

  1. Thesis Writing :

Importance of Report Writing:

  1. Different steps in writing Research Report: Layout of Research writing; Preliminary; Main Text: Conclusion and Observation.
  2. Mechanics of writing a Research Report: Practical Aspect, Physical Design.  Treatment of quotation; Footnotes, Documentation Style; Abbreviations, Bibliography, Index etc.

PART-B: STUDY

  1. Formulation of one Research Problem; Involvement of Research Methodology; Preparation of the Report, i.e. Project Report.
  2. One Exercise involving questions about the Legal and Social Science Research Methods.

SYLLABUS OF SEMESTER-II

SEMESTER-II

PAPER-IV: BUSINESS ORGANIZATION (COMPANY LAW EXCLUDING MANAGEMENT)

  1. Company as a legal person, Lifting the veil of Corporate Personality.
  2. Legal position of the promoters of a company; pre-incorporation contracts vis-s-vis, promoters.
  3. Prospectus-Definition, Contents and Liability in case of false representation in the prospectus.
  4. Memorandum and Articles of Association-Contents Alteration and Legal Effects.
  5. The Objects Clause of memorandum of Association and Doctrine of Ultra Vires.
  6. Share Capital-kind of share Capital; Producer for increase and reduction of share-Capital.
  7. Charges : Floating Charge and Fixed Charge, Circumstances when floating charge becomes a fixed charge.
  8. Protection of the interests of minority shareholders.

PAPER-V: BUSINESS MANAGEMENT (COMPANY MANAGEMENT OF ADMINISTRATION)

  1. Structure of corporate management in India with comparative study of England and Continental Countries.
  2. Division of powers between company in General Meeting and Board of Directors.
  3. Legal Position of Directors and Criminal Liability of Officers of the Company.
  4. Judicial and Administrative remedies in the case of Management.
  5. Appointment, Removal and Remuneration of Directors, Managing Director and Manager.
  6. Appointment of the Secretary of the Company, his qualification duties and legal position.
  7. Investigation, Special Audit, Cost Audit.
  8. Borrowing powers of a company and its Directors, Effects of Doctrine of Constructive Notice and Indoor Management.

PAPER-VI: REGULATIONS OF LABOUR MANAGEMENT RELATIONS :

  1. Industrial Concept under the Industries Dispute Act, 1947. Such as Industry, Workman, Industrial Dispute, Award.
  2. Reference Mechanism of Dispute under Industrial Dispute Act, 1947.
  3. Industrial Adjudication under Industrial Dispute Act, 1947
  4. Regulation of Management's Prerogatives before the authorities under the Industrial Dispute Act, 1947.
  5. Constitution and Functions of Industrial Tribunal and Labour Court and Conciliation Officer.
  6. Strike and Lock Out.

Concepts, Nature & Statutory Regulation of Strike and Lock outs, Rights to Strike and the Nature.

  1. Voluntary Arbitration : (Under I. D. Act, 1947)

Registration of Trade Union and its Cancellation.

Rights & Liabilities of Trade Unions.

Immunities of Trade Unions.

  1. Industrial Employment (Standing Orders) Act, 1946,

Standing Orders and Certification.

Modification of Standing Orders.

Nature of Standing Orders Certified Under the Act.

SYLLABUS OF SEMESTER-III

CONTRACT AND INSURANCE

PAPER-VII: GENERAL PRINCIPLE OF CONTRACT

  1. Formation of Contract: A critical study of offer and acceptance, communication, acceptance and revocation of the terms and acceptance.
  2. Standard form contract.
  3. Doctrine of Consideration and Privity of Contract; Controversy regarding the abolition of Consideration.
  4. Capacity to contract: Nature of Minor's Agreement and the Doctrine of Restitution.
  5. Important of Consent: Its Existence and Absence.
  6. Public Policy and Contracts: Agreements relating to restrain in trade and wagering agreements.
  7. Discharge of contracts with special reference to the doctrine of Frustration.
  8. Implied Contract.
  9. Breach of Contract and Remedies available with special reference to the general principles of the Assessment of Damages.

PAPER-VIII:  SPECIFIC CONTRACTS :

  1. Contract of Agency: Definition, Nature, Creation, Ratification, Rights and Duties, Termination, Liability of Principal for Misrepresentation and Fraud by Agent, Agent's Personal liability.
  2. Contract of Indemnity: Definition, Characteristics, Control of Insurance as contract of Indemnity.
  3. Contract of Guarantee: Definition, Characteristics, Difference between Indemnity and Guarantee, Surety-Right & Liabilities Discharge Surety.
  4. Contract of Bailment:  Definition, Rights and Liabilities of Bailer and Bailee, Lien-General and Particular.
  5. Contract of Pledge: Definition, Difference between Bailment and Pledge Right. Rights and Liabilities of Pledger and Pledgee.

PAPER-IX:  INSURANCE:

  1. Nature and definition of the Contract of Insurance, Distinction between Life, Fire and Marine Insurance Contract. 
  2. Insurance and Wagering Contracts.
  3. Insurable interests: Its essentials.
  4. Indemnity as the Controlling Principle of Insurance Laws.
  5. An insurance contract is a contract of Uberrrima fidei, i.e. of utomost good-faith.
  6. Doctrine of subrogation; its essentials. Subrogation as a necessary corollary of the principle of indemnity.
  7. Meaning; Scope and Elements of Risk, Proximate cause under Insurance and Re-Insurance Contracts.
  8. Double Insurance and Re-insurance.
  9. Meaning of the Term 'Fire', 'Loss by Fire' in fire Insurance Policies.
  10. Meaning, form, Characters and Kinds of Warranties, Effect of Breach of Warranty, Difference between Warranty and Representation.
  11. Nationalisation and Regulation of Insurance Business.

 

 

 

        

                                                                                                                                                
   

(Prof. S.N.Munda)

Vice-Chancellor

DSPM University

 

 

(Dr. Pankaj Kumar)

Co-ordinator,

LL.M. Course

DSPM University