I am giving below the prescribed course for the TNB Law College, Bhagalpur Students, LL.B Part II (IVth Semester) & LL.B.Part III (VIth Semester) clinical papers, namely Moor Court and Alternate Dispute Resolution.

MOOT COURT - LL.B Part II (IVth Semester).

Paper V

Clinical Paper

Moot Court Exercise and Internship

This paper may have three components of 30 marks each nd a viva for 10 marks.

(a)

Moot Court (30 Marks). Every student may be required to do at least three

moot courts in a year with 10 marks for each. The moot court work will be

on assigned problem and it will be evaluated for 5 marks for written

submissions and 5 marks for oral advocacy.

(b)

Observance of Trial in two cases, one Civil and one Criminal (30 marks):

Studetns may be required to attend two trials in the course of the last two or

three years of LL.B. studies. They will maintain a record and enter the

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various steps observed during their attendance on different days in the court

assignment. This scheme will carry 30 marks.

(c)

Interviewing techniques and Pre-trial preparations and Internship dairy (30

marks) :

Each student will observe two interviewing sessons of clients at the

Lawyer’s Office/Legal Aid Office and record the proceedings in a diary,

which will carry 15 marks. Each student will further observe the preparation

of documents and court papers by the Advocate and the procedure for the

filing of the suit/petition. This will be recorded in the diary, which will carry

15 marks.

(d)

The fourth component of this paper will be Viva Voce examination on all

the above three aspects. This will carry 10 marks.

Alternate Dispute Resolution - LL.B Part III (VIth Semester)

Clinical Paper

Alternate Dispute Resolutions

Outline of the course :

(i) Negotiation skills to be learned with simulated program

(ii)Conciliation skills

(iii)

Arbitration Law and Practice including International arbitration and

Arbitration rules.

The course is required to be conducted by senior legal pracitioners through

simulation and case studies. Evaluation may also be conducted in practical

exercises at least for a significant part of evaluation.

Drafting/Pleading

1. Civil

1. Plaint in a suit for :

(i) Specific performance of a contract.

(ii)Recovery of money on the basis of a Promissory note.

(iii)

Recovery of money for price of goods sold or work done.

(iv)

Partition of Joint Hindu Family Property.

(v) Suit for dissolution of partnership and accounts.

(vi)

Permanent injunction (Public nuiance)

(vii)

Damages for Defamation

(viii) Suit for possession against a trespasser.

(ix)

Mesne profits.

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(x) Suit for cancellation of sale deed.

(xi)

Suit for possession by landlord against tenant lender under the

Maharashtra Rent control Act,1999

(xii)

Written statement of the above suits.

1. (a) Affidavit

2. Execution petition i.e. Darkhast on the basis of civil Court.

3. Matrimonial :

(Original Petition)

Petition under the Hindu Marriage act,1955 and the special mrriage

Act,1954.

(a) Restitution of conjugal rights

(b) Judicial separation

(c) Divorce

(d) Divorce by mutual cocnsent

4.

Petition for –

(a) Succession Certificate..

(b) Probate on the basis of will

5. Petition under Article 32 and 226 of Constitution of India.

(a) Habeas Corpus

({b) Mandamus

(c) Prohibition

(d) Certiorari

(e) Quo warranto

6. Application for compensation before the Motor accidents Claims Tribunal

under the Motor vehicles Act, 1988.

7. Complaint under the Consumer Protection act, 1986.

8. Interlocutory application (Interim Relief)

9. Memorandum of appeal, revision and review.

10. Application under the code of Civil procedure 1908.

(i) Taking adjournment

(ii) substituted Service

(iii) Amendment of the plaint or written statement

(iv) Granting leave to deliver Interrogatories order

(v) Bringing legal heirs and representative on record.

(vi) Setting aside and abetment of the suits

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(vii) Appointment of a commission

(viii) Attachment of the proeprty of the defedant before judgement.

(ix) Appointment of receiver.

(x) Permission to sue as Indigent person.

(xi) Caveat applcation

(II) Criminal 1 ) A Private Criminal complaint in court relating to :

(a) Criminal Trespass , hurt, abuse and threatening.

(b) Cheting.

(c) Defamation

(d) Bigamous mrriage

(e) Under Section 498 A

(f) Complaint under Section 138 of the negotiable Instrument Act.

2.(a) Application for maintenance or written statement to the same

(b) Application for execution of maintenance order already for enhancement of

maintenance.

(c) Application for enhancement of maintenance.

3. Memorandum of Appeal and revision.

(a) Bail before a magistrate

(b) Bail before a session court

(c) Anticipator Bail

(d) Bail before the court convicting as accused who intends to present an

appeal.

(e )Application for cancellation of bail.

(f) Cancellation of warrant issued against the accused.

(g) Calling and recalling of witness.

(h) Disposal of property under Sections 451,452 of Cr.P.C.

(ii)Conveyancing

i Sale Deed

ii Mortgage Deed

iii Lease Deed

iv Gift Deed

v Promissory Note

vi Power of Attorney

vii Will Deed

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vii Legal Notices

viii Assignments, Deed of Exchange

ix Adoption Deed

x Deed of Dissolution of Partnership

xi Deed of Public Trust

xii Partition Deed

xiii Partnership Deed

xiv Leave and Licence

Alternate Dispute Resolutions

1. Models of Dispute Settlement, Litigation

versus Arbitration, Model of

Alternative Dispute Resolutions, Negotiation, Conciliation, Mediation,

Mini-Trial, Fst Tract Arbitration, Nature, Scope, limitations and necessity of

alternative models of disputes resolution.

2. Administrative tribunals – Articles 323 A and B

3. Family Court under the Family Court Act, 1984

4. Consumer council and forums under the Consumer Protection Act, 1986.

5. Settlement of Dispute through Lok Adalat and Lok Nyayalaya Grassroots

Justice and Panchayat System for Resolution of Dispute.

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 Students may copy the above and discuss details in class.