CLAT PG Substantive Law (LLM) Syllabus

What is the significance of registration of a firm under the Indian Partnership Act, 1932?

Registration is optional, but an unregistered firm cannot sue third parties or partners to enforce contractual rights (Section 69), and partners cannot sue the firm. Registration removes these disabilities.

What is the rule regarding liability of partners under the Indian Partnership Act, 1932?

Every partner is jointly and severally liable, along with all the others, for all acts of the firm done while he is a partner (Section 25). A partner is an agent of the firm for the purpose of its business (Section 18).

Under the general principles of criminal liability, what are the two essential elements of a crime?

Actus reus (the guilty act or wrongful conduct/omission) and mens rea (the guilty mind or criminal intent). The maxim is 'actus non facit reum nisi mens sit rea' — an act is not guilty unless the mind is guilty.

What is the right of private defence under Sections 96-106 of the IPC/BNS, and when does it extend to causing death?

Nothing is an offence done in exercise of the right of private defence of body or property. It extends to causing death in cases like reasonable apprehension of death, grievous hurt, rape, kidnapping, or robbery.

What is the 'McNaughten Rule' / insanity defence under Section 84 IPC (Section 22 BNS)?

Nothing is an offence done by a person who, at the time, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that it is wrong or contrary to law. It is legal, not medical, insanity.

What is the distinction between 'common intention' (Section 34 IPC) and 'common object' (Section 149 IPC)?

Common intention (S.34) requires a prior meeting of minds and active participation; it is not a separate offence. Common object (S.149) applies to an unlawful assembly of five or more and needs no prior concert, only a shared object.

What are the stages of a crime in criminal law?

(1) Intention (mens rea), (2) Preparation, (3) Attempt, and (4) Commission (the completed offence). Generally only attempt and commission are punishable; mere intention or preparation usually is not (with exceptions).

Under criminal law, what distinguishes 'culpable homicide' from 'murder'?

Culpable homicide is the genus; murder is the species. All murders are culpable homicides but not vice versa. Murder is culpable homicide with a higher degree of intention/knowledge and without falling under the statutory exceptions (e.g., grave and sudden provocation).

What is the difference between 'theft', 'extortion', and 'robbery' under the IPC/BNS?

Theft is dishonest taking of movable property without consent. Extortion is dishonestly obtaining property by putting a person in fear of injury. Robbery is aggravated theft or extortion involving (or threatening) immediate hurt, wrongful restraint, or death.

What are the ingredients of 'criminal conspiracy' under Section 120A IPC (Section 61 BNS)?

An agreement between two or more persons to do, or cause to be done, an illegal act, or a legal act by illegal means. For offences other than serious ones, an overt act in pursuance of the agreement is required.

What is the definition and punishment framework for 'cheating' under Section 415/420 IPC (Sections 318/318(4) BNS)?

Cheating is deceiving a person to fraudulently or dishonestly induce them to deliver property or do/omit an act causing harm. Cheating and dishonestly inducing delivery of property (S.420) is punishable up to 7 years and fine.

Under the criminal procedure, what is the difference between a 'cognizable' and a 'non-cognizable' offence?

In a cognizable offence, police may arrest without a warrant and start investigation without a magistrate's order (usually serious offences). In a non-cognizable offence, police need a warrant and magistrate's permission to investigate.

What is an FIR (First Information Report) under Section 154 CrPC (Section 173 BNSS)?

The information first given to the officer in charge of a police station relating to the commission of a cognizable offence, reduced to writing, read over to the informant, and signed. It sets the criminal law in motion.

What is the difference between a 'bailable' and a 'non-bailable' offence under the CrPC/BNSS?

In a bailable offence, bail is a matter of right and must be granted. In a non-bailable offence, bail is a matter of judicial discretion of the court, granted on considering the gravity and circumstances.

What is 'anticipatory bail' and under which provision is it granted?

Bail granted in anticipation of arrest for a non-bailable offence, under Section 438 CrPC (Section 482 BNSS). It is a direction that the person be released on bail if arrested, protecting personal liberty against unjustified arrest.

Under the Indian Evidence Act, 1872 (Bharatiya Sakshya Adhiniyam), what is the distinction between 'may presume', 'shall presume', and 'conclusive proof'?

'May presume' gives the court discretion to presume a fact (rebuttable). 'Shall presume' obliges the court to presume unless disproved (rebuttable). 'Conclusive proof' means once one fact is proved, the other is treated as proved and no evidence to disprove it is allowed.

What is the difference between 'admission' and 'confession' under the Indian Evidence Act?

An admission is a statement (oral/documentary) suggesting an inference about a fact in issue, in civil or criminal matters. A confession is an admission of guilt made by an accused in a criminal case; it is a species of admission.

What is the doctrine of 'res gestae' under Section 6 of the Indian Evidence Act?

Facts so connected with a fact in issue as to form part of the same transaction are relevant, even if not in issue. Spontaneous statements made during the event are admissible as part of the res gestae.

Under the law of torts, what does 'damnum sine injuria' mean, and how does it differ from 'injuria sine damno'?

Damnum sine injuria is actual loss without violation of a legal right — not actionable (Gloucester Grammar School case). Injuria sine damno is violation of a legal right without actual loss — actionable per se (Ashby v. White).

What is the rule in Rylands v. Fletcher (strict liability) in tort law?

A person who, for his own purposes, brings onto his land and keeps anything likely to do mischief if it escapes, must keep it at his peril and is liable for all damage caused by its escape (non-natural use of land), regardless of negligence.

How does 'absolute liability' (M.C. Mehta v. Union of India) differ from strict liability?

Absolute liability applies to enterprises engaged in hazardous activities; the enterprise is liable for harm from escape without any of the exceptions available under Rylands v. Fletcher (no act of God, no third-party defence). Liability is absolute and non-delegable.

What is 'vicarious liability' in the law of torts, and on what principle does it rest?

Liability of one person for the tortious act of another due to a relationship between them (e.g., master-servant, principal-agent). It rests on 'qui facit per alium facit per se' and 'respondeat superior' (let the master answer).

What are the essential elements of the tort of negligence?

(1) A duty of care owed by the defendant to the plaintiff; (2) breach of that duty; (3) damage caused as a direct and proximate result of the breach (causation and remoteness). Established in Donoghue v. Stevenson.

What is the defence of 'volenti non fit injuria' in tort law?

To one who is willing, no harm is done. Where the plaintiff has voluntarily consented to a known risk (with free consent and full knowledge), he cannot claim for resulting harm. Mere knowledge is not enough; there must be consent.

Under Hindu law, what are the conditions for a valid Hindu marriage under Section 5 of the Hindu Marriage Act, 1955?

Neither party has a living spouse (monogamy), capacity to consent (sound mind), age (groom 21, bride 18), parties not within prohibited degrees of relationship or sapinda relationship unless custom permits.

What are the grounds for divorce common to both spouses under Section 13 of the Hindu Marriage Act, 1955?

Adultery, cruelty, desertion (2 years), conversion to another religion, unsoundness of mind, virulent leprosy/venereal disease, renunciation of the world, and presumption of death (not heard of for 7 years).

Under Muslim law, what are the essentials of a valid marriage (Nikah)?

Proposal (ijab) and acceptance (qubul) at the same meeting, competence of parties (puberty and sound mind), free consent, presence of witnesses (under Sunni law), and consideration in the form of dower (mahr).

In Hindu law, what is the difference between a 'coparcener' and a 'member' of a Hindu Joint Family?

A coparcener acquires by birth an interest in the ancestral/coparcenary property and can demand partition; the body is limited to those who take such interest. A member belongs to the joint family but has no birthright to demand partition of coparcenary property.

In Public International Law, what are the sources of international law under Article 38 of the ICJ Statute?

(1) International conventions/treaties; (2) international custom (general practice accepted as law); (3) general principles of law recognized by civilized nations; and, as subsidiary means, (4) judicial decisions and teachings of qualified publicists.

In Public International Law, what is the distinction between the 'monist' and 'dualist' theories of the relationship between international and municipal law?

Monism treats international and municipal law as one unified legal system, with international law directly applicable domestically. Dualism treats them as separate systems, so international law must be transformed/incorporated into domestic law to apply internally.

What are the four elements of statehood under the Montevideo Convention, 1933?

(1) A permanent population; (2) a defined territory; (3) a government; and (4) the capacity to enter into relations with other States (sovereignty/independence).