2024-11-08 Azhar Rashid Teli JKSSB Subject Wise MCQs, Accounts Assistant Finance Syllabus, Kashmir University Latest Updates, JMI Latest Updates, JKSSB Latest Job Notifications, JKPSC Latest Job Notifications, Government Jobs, JKPSC, JKSSC, SSC, JMI, Kashmir University
Jammu and Kashmir Service Selection Board Syllabus for Written test (Objective Type) for the post of Assistant Law Officer (Department of Law,Justice & PA)
Marks : 120 Time : 120 Minutes
Constitutional Law: 15 Marks
(i) Salient features of Indian Constitution.
(ii) Parliamentary form of Government.
(iii) President of India- Election, Qualifications, Impeachment, Position, Powers and Privileges.
(iv) Cabinet System, Collective Responsibility-Individual responsibility, President-Prime Minister relationship
(v) Distribution of Legislative Powers (Art. 245, 246 & 254)
(vi) Failure of Constitutional Machinery (Art. 356)
(vii) Constitutional Amendments - Methods and limitation (Art. 368)
(viii) Freedom of Trade and Commerce
(ix) Regulatory and Compensatory measures (Articles 301-304).
(x) Articles 141 and 143.
(xi) Appointment and impeachment of the Judges of the High Courts and Supreme Court.
(xii) Services under the Constitution- Doctrine of Pleasure (Art. 310), Restrictions (Art. 311)
(xiii) Fundamental Rights (Articles 14-16, 19-22 and 25-30).
(xiv) Constitutional remedies. Writ Jurisdiction
(xv) Scope of Article 32
(xvi) Scope of Article 226
(xvii) Directive Principles of State Policy Relationship between Directive Principles and Fundamental Rights.
(xviii) Emergency Provisions: Arts 352 to 354, 358 and 359.
Administrative Law: 10 Marks
(i) Classification of Administrative Action:
(ii) Definition of administrative actions.
(iii) Need for classification
(iv) Identification of legislative action
(v) Identification of quasi-judicial and administrative actions. Legislative powers of administration.
(vi) Necessity for delegation of legislative powers and its constitutional validity.
(vii) Principles of Natural Justice:
(viii) No man shall be judge in his own cause.
(ix) No man shall be condemned unheard.
(x) Administrative Discretion
(xi) Need for Administrative Discretion
(xii) Administrative Discretion and rule of law
(xiii) Need for safeguards.
(xiv) Doctrine of Excessive Delegation of Discretion
(xv) Constitutionality of discretionary powers
(xvi) Administrative discrimination and arbitrariness
(xvii) De tournament De preuvoir
(xviii) Malafide exercise of discretion Improper purpose
(xix) Irrelevant considerations Unreasonableness
(xx) Non-exercise of discretionary powers
(xxi) Liability of the Government
(xxii) Statutory- immunity
(xxiii) Act of State
(xxiv) Contractual liability of Government
(xxv) Government privileges in legal proceedings
(xxvi) Public accountability
(xxvii) Ombudsman.
Muslim Law: 05 Marks
(i) Sources and Schools of Muslim Law.
(ii) Nature, scope, validity and classification of marriage under Muslim Law
(iii) Polygamy, Divorce and matrimonial remedies under Muslim Law
(iv) Dissolution of Muslim Marriage Act, 1939.
(v) Maintenance under section 125 of the Code of Criminal Procedure, 1973.
(vi) Maintenance under Muslim Women (Protection of Rights on Divorce) Act, 1986
Hindu Law: 05 Marks
(i) Nature, concept and essential conditions of Hindu Marriage.
(ii) Grounds of divorce and divorce by mutual consent under Hindu Law.
(iii) Matrimonial remedies under Hindu Law:
(iv) Nullity of marriage
(v) Restitution of conjugal rights
(vi) Judicial separation
(vii) Dissolution of marriage
(viii) Joint family and coparcenary under Mitakshara law
(ix) Karta-his powers, privileges and obligations.
(x) Adoption and Guardianship.
Law of Contract 15 Marks
(i) Agreement and contract - Definitions, elements and kinds.
(ii) Proposal and acceptance: their various forms, essential elements, communications and revocation.
(iii) Intention to create legal relationship.
(iv) Consideration: its need, meaning, kinds, essential elements-privity of contract, promissory estoppel, exceptions to consideration adequacy of consideration present, past and executary consideration unlawful consideration and its effects views of Law Commission of India on consideration evaluation of the doctrine of consideration.
(v) Capacity to contract: meaning, definition of minor, necessities supplied to a minor, agreements beneficial and detrimental to a minor affirmation restitution in cases of minor`s agreement-fraud by minor- agreements made on behalf of a minor`s agreement and tested-evaluation of the law relating to minor`s agreement.
(vi) Quasi-contracts of certain relations resembling those created by contracts
(vii) Damages: kinds- Remoteness of damages- ascertainment of damages.
(viii) Specific performance of contracts.
(ix) Contract that can be specifically enforced.
(x) Rescission and cancellation.
(xi) Injunction.
(xii) Indemnity: Definition, nature and extent of liability of the indemnifier, commencement of liability of the indemnifier.
(xiii) Guarantee: Definition, basic essentials for a valid guarantee contract, Nature and extent of surety`s liability, discharge of surety`s liability.
(xiv) Bailment: Definition, kinds of bailees, duties of bailor and bailee towards each other, rights of bailor and bailee, finder of goods as a bailee.
(xv) Agency: Kinds of agents and agencies Distinction between agent and servant Essentials of agency transaction Various methods of creation of agency delegation.
(xvi) Sale of Goods: Concept of sale as a contract Essentials of a contract of sale Implied terms in contract of sale Rule of Caveat Emptor and the exceptions thereto Changing concept of Caveat Emptor Unpaid seller and his rights.
Company Law 10 Marks
(i) Concept of registration and incorporation Memorandum of Association, Doctrine of ultra vires Articles of Association Doctrine of constructive notice and indoor management Prospectus-statement in lieu of prospectus
(ii) Promotors- position, duties and liabilities
(iii) Directors- position, appointment, qualifications, vacation of office, removal, resignation, powers and duties of directors meeting registers, loans, remuneration of directors, role of nominee directors- compensation for loss of office- managing directors- compensation for loss of office-managing directors and other managerial personnel
(iv) Meetings- kinds- procedure- voting
(v) Debentures- meaning- fixed and floating charge- kinds of debentures shareholder and debenture holder- remedies of debenture holders.
(vi) Protection of minority rights.
(vii) Winding up- types- by court- reasonable- grounds- who can apply- power of court-consequences of winding up order- voluntary winding up by members and creditors- winding up subject to supervision of courts- liability of past members- payment of liabilities- preferential payment, unclaimed dividends, winding up of unregistered company.
Labour Laws 10 Marks
(i) Definition of Trade Union and the right to form the Trade Union.
(ii) Legal Control and Protection of Trade Union: Registration, amalgamation, rights, immunities, liabilities and dissolution. Trade Union Funds.
(iii) Collective bargaining.
(iv) Strikes, lock-outs, lay off and retrenchment. Transfer and closure.
(v) Unfair Labour practices.
(vi) Disciplinary proceedings.
(vii) Labour welfare: concept, classification and importance.
(viii) Obligations of employer for health, safety and welfare.
(ix) Working hours of adults and Annual Leave with wages.
(x) Employment of young persons: prohibition of employment of children, regulation of employment of young persons.
(xi) Concept of minimum wage, fair wage, living wage and need based minimum wage.
(xii) Procedure for fixation and revision of minimum wages.
(xiii) Components of wages: dearness allowance, principle of fixation.
(xiv) Definition of wage under Payment of Wages Act, 1936 and responsibility for payment of wages.
(xv) Concept of employer, workmen, dependent, disablement.
(xvi) Workmen`s compensation: employer`s liability for compensation, amount and distribution of compensation.
(xvii) Employee`s State Insurance: benefits, ESI fund and contribution.
Criminal Law 10 Marks
Indian Penal Code: General defenses (Sections 76-106) Group liability (Sections 34 & 149) Unlawful Assembly, Rioting and Affray Abetment Criminal Conspiracy Criminal Attempt Offences against body (Sections 299- 304, 319-326, 339-343, 349-353 and 359-363) Offences against property (Sections 378, 379, 383, 384, 390-392, 395,405, 415-417, 425 and 426).
Jurisprudence 10 Marks
Meaning and scope of Jurisprudence Nature and definition of "Law" Schools of Law (Analytical positivism, Natural Law, Historical School and Sociological School) Sources of Law (Legislation, precedents, customs and juristic writings) Rights and duties- concept and co-relationship) Concept of person, Ownership and Possession.
International Law And Human Rights 20 Marks
(i) Origin, Development, Definition, Nature and Theories of International Law Its relation with Municipal Law.
(ii) Sources of International Law, Custom. Treaties. General Principles of Law and writings.
(iii) Subjects of International Law: State including Recognition of States Individuals and peoples International Organizations.
(iv) Jurisdiction of States: Territorial, Personal and Universal.
(v) Extradition and Asylum.
(vi) Law of State Responsibility.
(vii) Peaceful Settlement of Disputes including settlement by ICJ.
(viii) Use of Forces under International Law.
(ix) Human Rights: Origin, development and nature of Human Rights International Bill of Human Rights Regional Systems of Human Rights Law Protection of Human Rights Act and International Humanitarian Law.
Environmental Law 10 Marks
(i) Environmental Pollution: Meaning and issues.
(ii) Constitutional provisions-Art. 14, 19(1)(g), 21, 48A & 51A, right to wholesome environment-evolution and application. PIL and protection of Environment.
(iii) Water and Air Pollution Control Acts:
(iv) Standards, CPCB and SPCB, Consent Mechanism, Control Areas and Restraint Orders
(v) Citizen Suit and Access to Environmental Information
(vi) Corporate and Governmental Liability for Environmental Offences
(vii) Environmental Protection Act, 1986 and other environmental legislations International Environmental Law and Norms:
(viii) Stockholm Declaration, Global Warming and Ozone Conventions
(ix) Sustainable development, Public Trust Doctrine
(x) Precautionary Principle, Polluter Pays Principle
(xi) Local Environmental Laws and Problems in J&K:
(xii) Forest Act, 1930, J&K Wildlife Protection Act, JEK Forest (Conservation) Ad: (Summary of the provisions with special emphasis on Forest Dwellers and Forests, medicinal plants and related traditional knowledge)
(xiii) Protection of Biodiversity in J&K- Local Laws and Central Acts- Forest (Protection) Force Act.
(xiv) Preservation and protection of lakes and waterways in J&K- Existing related laws and future needs.