CHRIST (Deemed to University), Bangalore

School of Sciences






Syllabus for
BBA LLB (Honours)
Academic Year  (2024)

 
        

  

Assesment Pattern

CIA I – Class Test / Assignment / Presentation            – 10%

CIA II – Mid Semester Examination                            – 25%

CIA III – Research Topic                                            – 10%

Attendance                                                               – 05%

End Semester Examination                                         – 50%

 

TOTAL 100%

 

Examination And Assesments

Continues internal assessments for theory course 50%, end semester examination 50%

Department Overview:

The School of Law, CHRIST (Deemed to be University)  is a premier law school in the country having been consistently ranked among the top ten law schools for many years now by leading ranking agencies measured on comprehensive academic parameters. 

The School of Law in alignment with the University’s vision of ‘Excellence and Service’, focuses on holistic educational development which seeks to nurture socially committed and professionally competent law students, the testimony of which is manifested in the strong, well placed alumni across the globe.

 The dynamic and flexible curriculum which appeals to a wide range of interests is taught as elective courses apart from the conventionally mandated Bar Council of India core papers. The teaching pedagogy is unique by its cutting edge focus on legal skill development through specialised guest lectures, workshops, seminars, simulation exercises and value added courses on legal drafting, meditation, conciliation, arbitration and mooting to enable the prepared transition from theory to practice. 

 

Mission Statement:

To create and pro actively generate in depth legal knowledge in the student community so that they can transfer their knowledge acquired to the larger benefits of the society in accordance with professional ethics and values.

Introduction to Program:

BBA, LL.B ( Honours). 
The BBA LL.B ( Honours) is specially designed with a multi-disciplinary approach to cater to Corporate sector, law firms and in-house counsels in companies. This Programme provides a stellar background for foray into Emerging and specialised areas like mergers and acquisitions, securities and investment law, international taxation etc which helps in practice as well as higher education abroad. 

In the First two years of the integrated BBA, LL.B ( honours) programme, Major courses like Accounting and Management are offered which primarily forms the differential element as against the BA, LL.B ( honours)  programme.      

Program Objective:

Programme Outcome/Programme Learning Goals/Programme Learning Outcome:

PO1: Contribute to legal scholarship by critical appraisal of laws, legal theories and concepts including its application to interdisciplinary issues.

PO2: Effectively articulate legal opinions, to vet and draft legal texts and present arguments appropriate to the context in diverse work environments.

PO3: Employ critical thinking and logical legal reasoning to develop sound arguments and develop effective suggestions.

PO4: To identify, predict, mitigate challenges and engage in effective dispute resolution focusing on the individual, institution and societal problems.

PO5: Take initiatives towards social transformation through socio-legal engagement. PO6: Exhibit ethical and professional behaviour in a team, demonstrating leadership and collaboration.

Programme Specific Outcome:

PSO 1: Analyse legal problems and suggest concrete measures in compliance with the law of the land

LAW121 - PRINCIPLES OF MANAGEMENT (2024 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:4
Max Marks:100
Credits:4

Course Objectives/Course Description

 

 

Course Description: The course provides foundation to the principles of management and major managerial functional areas in mamangement . It covers the basic principles of planning, organizing, staffing, motivation, leadership, communication and controlling. It traces the historical evolution of management thought and also focuses on the contemporary challenges faced by managers.

COURSE OBJECTIVES: 

A) To expose students to the theories of management, organizational theory, and the practices of management in contemporary organizations from a conceptual, analytical, and pragmatic perspective.  

B) To enable the students to learn the skills and knowledge on managing the organization and implement the principles of management effectively in the organization. 

C) To orient the students on recent changes and development in the field of management

Learning Outcome

CO1: Students will be able to describe and discuss the elements of effective management and apply the planning, organizing and control processes

CO2: Students will be able to identify, discuss and/or describe various theories related to the development of leadership skills, motivation techniques, teamwork and effective communication

CO3: Students will be able to apply the knowledge about management in the real life business situation

Unit-1
Teaching Hours:8
NATURE OF MANAGEMENT
 

Definition of Management, Nature of Management – Management as a Science or Art or Profession – Management vs Administration.Types of Organizations Management.

Unit-1
Teaching Hours:8
NATURE OF MANAGEMENT
 

Definition of Management, Nature of Management – Management as a Science or Art or Profession – Management vs Administration.Types of Organizations Management.

Unit-1
Teaching Hours:8
NATURE OF MANAGEMENT
 

Definition of Management, Nature of Management – Management as a Science or Art or Profession – Management vs Administration.Types of Organizations Management.

Unit-2
Teaching Hours:8
EVOLUTION OF MANAGEMENT THOUGHT
 

Scientific Management. Contributions of Henry Fayol, Principles of Management Hawthorne Experiments and Human Relations, Contributions of Behavioural Scientist- sQualities and skills of a Manager.

Unit-2
Teaching Hours:8
EVOLUTION OF MANAGEMENT THOUGHT
 

Scientific Management. Contributions of Henry Fayol, Principles of Management Hawthorne Experiments and Human Relations, Contributions of Behavioural Scientist- sQualities and skills of a Manager.

Unit-2
Teaching Hours:8
EVOLUTION OF MANAGEMENT THOUGHT
 

Scientific Management. Contributions of Henry Fayol, Principles of Management Hawthorne Experiments and Human Relations, Contributions of Behavioural Scientist- sQualities and skills of a Manager.

Unit-3
Teaching Hours:8
FUNCTIONS OF MANAGEMENT
 

 

Need for the Principles of Management. Social responsibilities of Business. Factors responsible for the realization of Social Business Social issues of Business. Responsibility towards different interest Groups. For/against Social responsibility Social values and Business Ethics. Social responsibility in India

 

Unit-3
Teaching Hours:8
FUNCTIONS OF MANAGEMENT
 

 

Need for the Principles of Management. Social responsibilities of Business. Factors responsible for the realization of Social Business Social issues of Business. Responsibility towards different interest Groups. For/against Social responsibility Social values and Business Ethics. Social responsibility in India

 

Unit-3
Teaching Hours:8
FUNCTIONS OF MANAGEMENT
 

 

Need for the Principles of Management. Social responsibilities of Business. Factors responsible for the realization of Social Business Social issues of Business. Responsibility towards different interest Groups. For/against Social responsibility Social values and Business Ethics. Social responsibility in India

 

Unit-4
Teaching Hours:8
PLANNING
 

 

Nature and Definition of planning - Premises – Principles of Planning-The 6 P’s in Planning- Reasons for Planning Approaches to Planning- Pros & Cons in Planning Steps in Planning Process, Types of Plans.

 

Unit-4
Teaching Hours:8
PLANNING
 

 

Nature and Definition of planning - Premises – Principles of Planning-The 6 P’s in Planning- Reasons for Planning Approaches to Planning- Pros & Cons in Planning Steps in Planning Process, Types of Plans.

 

Unit-4
Teaching Hours:8
PLANNING
 

 

Nature and Definition of planning - Premises – Principles of Planning-The 6 P’s in Planning- Reasons for Planning Approaches to Planning- Pros & Cons in Planning Steps in Planning Process, Types of Plans.

 

Unit-5
Teaching Hours:8
FORMAL INFORMAL ORGANIZATION
 

 

Principles of Organization Importance –Objectives –Steps in organization Organizational Structure - Types of Organization Departmentation Committees - Authority and Responsibility – Differences Centralization vs Decentralization

 

Unit-5
Teaching Hours:8
FORMAL INFORMAL ORGANIZATION
 

 

Principles of Organization Importance –Objectives –Steps in organization Organizational Structure - Types of Organization Departmentation Committees - Authority and Responsibility – Differences Centralization vs Decentralization

 

Unit-5
Teaching Hours:8
FORMAL INFORMAL ORGANIZATION
 

 

Principles of Organization Importance –Objectives –Steps in organization Organizational Structure - Types of Organization Departmentation Committees - Authority and Responsibility – Differences Centralization vs Decentralization

 

Unit-6
Teaching Hours:8
DIRECTING
 

Power – Sources of Power. Delegation – Characteristics – Principles – Types Difficulties in delegation- Importance – Factors influencing degree of Delegation Leadership – Definition – Nature – Theories Styles of Leadership Functions- Qualities 

Unit-6
Teaching Hours:8
DIRECTING
 

Power – Sources of Power. Delegation – Characteristics – Principles – Types Difficulties in delegation- Importance – Factors influencing degree of Delegation Leadership – Definition – Nature – Theories Styles of Leadership Functions- Qualities 

Unit-6
Teaching Hours:8
DIRECTING
 

Power – Sources of Power. Delegation – Characteristics – Principles – Types Difficulties in delegation- Importance – Factors influencing degree of Delegation Leadership – Definition – Nature – Theories Styles of Leadership Functions- Qualities 

Unit-7
Teaching Hours:8
MOTIVATION
 

Nature – Types  - Importance Maslow’s Theory of Motivation- Herzberg’s theory Carrot and stick approach – McGregor’s Theory X & Y Techniques to increase motivation

 

 

Unit-7
Teaching Hours:8
MOTIVATION
 

Nature – Types  - Importance Maslow’s Theory of Motivation- Herzberg’s theory Carrot and stick approach – McGregor’s Theory X & Y Techniques to increase motivation

 

 

Unit-7
Teaching Hours:8
MOTIVATION
 

Nature – Types  - Importance Maslow’s Theory of Motivation- Herzberg’s theory Carrot and stick approach – McGregor’s Theory X & Y Techniques to increase motivation

 

 

Unit-8
Teaching Hours:4
QUALITY CONTROL
 

Certification- Six Sigma – Total Quality Management Systems. Industrial Visit as a part of Service learning.

Unit-8
Teaching Hours:4
QUALITY CONTROL
 

Certification- Six Sigma – Total Quality Management Systems. Industrial Visit as a part of Service learning.

Unit-8
Teaching Hours:4
QUALITY CONTROL
 

Certification- Six Sigma – Total Quality Management Systems. Industrial Visit as a part of Service learning.

Text Books And Reference Books:

1) Stoner, Freeman, Gilbert Jr. (2014). Management (6th edition), New Delhi: Prentice Hall India. 

2) Koontz, H., & Weihrich, H. (2010) Essentials of Management, McGraw Hill Publishers. 

3) Daft, R. L. (2009). Principles of Management (1st edition), Cengage Learning. 

4) Gupta, R.S., Sharma, B.D., &Bhalla. N.S. (2011). Principles & Practices of Management (11th edition). New Delhi: Kalyani Publishers. 

5) Ramadorai, S. (2011). The TCS Story and Beyond. India: Penguin Books 

6) Rao, P.S. (2009). Principles of Management, Himalaya Publishing House. 

7) Rao, V.S.P.  & Krishna, V. H. (2009). Management: Text and Cases, Excel Books 

8) Sharma, R.K & Gupta, S.K. (2009). Business Management (3rd edition), New Delhi: Kalyani Publishers.

9)Tripathi, R. (2009) Essentials of Management, Himalaya Publishing House

Essential Reading / Recommended Reading

1.      Stoner, Freemen, and Gilbert Jr. Management, Prentice Hall.

2.      Koontz, Weihrich. Essentials of Management. Mc.Graw Hill.

3.      Gupta, S. L., Anurag Mittal, and Dr. Sunil K. Gupta. Case Studies in Management, Wisdom Publications.

4.      Sharma, R. K, and Shashi Gupta. Business Management, Kalyani Publishers.

5.      Prasad, L. M. Principles and Practice of Management, Sulthan Chand Publishers.

Evaluation Pattern

·         CIA I – Class Test / Assignment / Presentation            – 10%

·         CIA II – Mid Semester Examination                          – 25%

·         CIA III – Book Review                                               – 10%

·         Attendance                                                               – 05%

·         End Semester Examination                                     – 50%

                                      TOTAL                             100%

 

 

LAW122 - PRINCIPLES OF ACCOUNTING (2024 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:4
Max Marks:100
Credits:4

Course Objectives/Course Description

 

This subject aims at understanding the basics of accounting theory and practice. It is devised to impart the essentials of accounting techniques and standards, along with corporate accounting practices.

UNIT 1 seeks to introduce the students to the foundational aspects of accounting practices and give a brief introduction to Cost accounting, Management Accounting and Financial Accounting and the differences between the three branches o accounting. 

UNIT 2 deals with the basic principles of Financial Accounting, the concepts and conventions, also the difference between Capital and Revenue expenditure.

UNIT 3 is designed to impart the procedural techniques of a normative process of accounting starting with Journal, Ledger and Trial Balance.

UNIT 4 looks into the preparation of Final Accounts.

UNIT 5 harps upon the requisites of cost accountancy and their relevance for the law. 

UNIT 6 looks into the aspects of overhead costs. 

UNIT 7 is an account of marginal costing, concepts like BEP, P/V ratio etc

 

UNIT 8, deals with flexible budgets and the theoretical aspects of the budgets.

 

Learning Outcome

CO1: Students will have a board understanding of the 3 branches of accounting and aplly them as per the situation arises

CO2: Students will be able to prepare final accounts and understand the difference in revenue expenditure and Capital expenditure

CO3: students will be able to prepare the cost sheet and know the application of the apportionment of expenses and allocation of overheads

CO4: Students will be able to prepare Flexible budgets and solve Marginal costing problems and apply the same for decision making

Unit-1
Teaching Hours:6
INTRODUCTION
 

Need for accounting,  Accounting vs Book keeping, Streams of accounting — Financial, Cost and Management Accounting , Objective and scope  limitations of Financial, Cost and Management Accounting,  comparison with Financial Cost and Management  accounting

Unit-1
Teaching Hours:6
INTRODUCTION
 

Need for accounting,  Accounting vs Book keeping, Streams of accounting — Financial, Cost and Management Accounting , Objective and scope  limitations of Financial, Cost and Management Accounting,  comparison with Financial Cost and Management  accounting

Unit-1
Teaching Hours:6
INTRODUCTION
 

Need for accounting,  Accounting vs Book keeping, Streams of accounting — Financial, Cost and Management Accounting , Objective and scope  limitations of Financial, Cost and Management Accounting,  comparison with Financial Cost and Management  accounting

Unit-2
Teaching Hours:8
BASICS OF FINANCIAL ACCOUNTING
 

Principles, Convention and Concepts of accounting-Systems of Accounting, Types of expenditure, Double entry system of accounting, Depreciation accounting theory – SLM method and Diminishing Returns method - Journal entries and ledger accounts

Unit-2
Teaching Hours:8
BASICS OF FINANCIAL ACCOUNTING
 

Principles, Convention and Concepts of accounting-Systems of Accounting, Types of expenditure, Double entry system of accounting, Depreciation accounting theory – SLM method and Diminishing Returns method - Journal entries and ledger accounts

Unit-2
Teaching Hours:8
BASICS OF FINANCIAL ACCOUNTING
 

Principles, Convention and Concepts of accounting-Systems of Accounting, Types of expenditure, Double entry system of accounting, Depreciation accounting theory – SLM method and Diminishing Returns method - Journal entries and ledger accounts

Unit-3
Teaching Hours:8
PROCESS OF ACCOUNTING
 

Journalizing, Ledger posting, Balancing of Ledger accounts, Preparation of final accounts with adjustments to Prepaid expenses-unpaid expenses- Bad debts- income received in advance and clsoing Stock; illustrations and exercises

Unit-3
Teaching Hours:8
PROCESS OF ACCOUNTING
 

Journalizing, Ledger posting, Balancing of Ledger accounts, Preparation of final accounts with adjustments to Prepaid expenses-unpaid expenses- Bad debts- income received in advance and clsoing Stock; illustrations and exercises

Unit-3
Teaching Hours:8
PROCESS OF ACCOUNTING
 

Journalizing, Ledger posting, Balancing of Ledger accounts, Preparation of final accounts with adjustments to Prepaid expenses-unpaid expenses- Bad debts- income received in advance and clsoing Stock; illustrations and exercises

Unit-4
Teaching Hours:8
BANK RECONCILIATION STATEMENT AND RECTIFICATION OF ERRORS
 

Preparation of bank reconciliation statement (theory only), Types of errors, effect of errors in Trial Balance. Minor problems in rectiication.

Unit-4
Teaching Hours:8
BANK RECONCILIATION STATEMENT AND RECTIFICATION OF ERRORS
 

Preparation of bank reconciliation statement (theory only), Types of errors, effect of errors in Trial Balance. Minor problems in rectiication.

Unit-4
Teaching Hours:8
BANK RECONCILIATION STATEMENT AND RECTIFICATION OF ERRORS
 

Preparation of bank reconciliation statement (theory only), Types of errors, effect of errors in Trial Balance. Minor problems in rectiication.

Unit-5
Teaching Hours:8
COST ACCOUNTANCY AND MATERIAL COST
 

Concept of cost, Special types of cost, Elements of Cost, Preparation of Cost Sheet. Direct/Indirect material, procurement/issue of material, Purchase Order, GRN, MRN, Bincard, methods of valuation of stores, receipt FIFO/LIFO method of inventory.

Unit-5
Teaching Hours:8
COST ACCOUNTANCY AND MATERIAL COST
 

Concept of cost, Special types of cost, Elements of Cost, Preparation of Cost Sheet. Direct/Indirect material, procurement/issue of material, Purchase Order, GRN, MRN, Bincard, methods of valuation of stores, receipt FIFO/LIFO method of inventory.

Unit-5
Teaching Hours:8
COST ACCOUNTANCY AND MATERIAL COST
 

Concept of cost, Special types of cost, Elements of Cost, Preparation of Cost Sheet. Direct/Indirect material, procurement/issue of material, Purchase Order, GRN, MRN, Bincard, methods of valuation of stores, receipt FIFO/LIFO method of inventory.

Unit-6
Teaching Hours:8
OVER HEAD COST
 

Element wise and function wise classification, procedure of charging the overheads, Primary and Secondary distribution methods, Machine hour rate, under/over absorption, illustrations and exercises . 

Unit-6
Teaching Hours:8
OVER HEAD COST
 

Element wise and function wise classification, procedure of charging the overheads, Primary and Secondary distribution methods, Machine hour rate, under/over absorption, illustrations and exercises . 

Unit-6
Teaching Hours:8
OVER HEAD COST
 

Element wise and function wise classification, procedure of charging the overheads, Primary and Secondary distribution methods, Machine hour rate, under/over absorption, illustrations and exercises . 

Unit-7
Teaching Hours:7
MARGINAL COSTING
 

Concept, Basic assumption, features, form of operating statement, Basic concepts of Marginal costing, Contribution, Profit Volume Ratio, Break Even Point, Margin of Safety, Cost volume, Profit relationship, product,  Limitations of Marginal Costing. illustrations and exercises 

Unit-7
Teaching Hours:7
MARGINAL COSTING
 

Concept, Basic assumption, features, form of operating statement, Basic concepts of Marginal costing, Contribution, Profit Volume Ratio, Break Even Point, Margin of Safety, Cost volume, Profit relationship, product,  Limitations of Marginal Costing. illustrations and exercises 

Unit-7
Teaching Hours:7
MARGINAL COSTING
 

Concept, Basic assumption, features, form of operating statement, Basic concepts of Marginal costing, Contribution, Profit Volume Ratio, Break Even Point, Margin of Safety, Cost volume, Profit relationship, product,  Limitations of Marginal Costing. illustrations and exercises 

Unit-8
Teaching Hours:7
BUDGETARY CONTROL
 

Budgets and Budgetary control, Advantage, Pre-requisites, Types of Budgets, Flexible Budget problems, illustrations and exercises

Unit-8
Teaching Hours:7
BUDGETARY CONTROL
 

Budgets and Budgetary control, Advantage, Pre-requisites, Types of Budgets, Flexible Budget problems, illustrations and exercises

Unit-8
Teaching Hours:7
BUDGETARY CONTROL
 

Budgets and Budgetary control, Advantage, Pre-requisites, Types of Budgets, Flexible Budget problems, illustrations and exercises

Text Books And Reference Books:

 

 

  1. Khan, M. Y., and P. K. Jain. Management Accounting. New Delhi: Tata McGraw-Hill, 2009.
  2. Horngreen C. T. and G. L. Sundlem. Management Accounting. 5Th ed. New Delhi: Prentice Hall India Pvt. Ltd., 1999.
  3. Bhar, B. K. Cost Accounting. Academic Publishers, 1978.
  4. Sharma, R. K., and Shashi K. Gupta. Management Accounting. Kalyani Publishers.
  5. Reddy, Appannaiah, and Srinivasa Putty. Financial Accounting. Mumbai: Himalaya Pub. House, 2010.
  6. Raman, B. S. Financial Accounting. Mangalore: United Publishers, 1998.
Essential Reading / Recommended Reading

 

 

  1. Khan, M. Y., and P. K. Jain. Management Accounting. New Delhi: Tata McGraw-Hill, 2009.
  2. Horngreen C. T. and G. L. Sundlem. Management Accounting. 5Th ed. New Delhi: Prentice Hall India Pvt. Ltd., 1999.
  3. Bhar, B. K. Cost Accounting. Academic Publishers, 1978.
  4. Sharma, R. K., and Shashi K. Gupta. Management Accounting. Kalyani Publishers.
  5. Reddy, Appannaiah, and Srinivasa Putty. Financial Accounting. Mumbai: Himalaya Pub. House, 2010.
  6. Raman, B. S. Financial Accounting. Mangalore: United Publishers, 1998.
Evaluation Pattern

·         CIA I – Class Test / Assignment /            – 10%

·         CIA II – Mid Semester Examination                         – 25%

·         CIA III – Class Test / Assignment /                                           – 10%

·         Attendance                                                               – 05%

·         End Semester Examination                                       – 50%

                                                 TOTAL                      100%

 

 

LAW127 - FOUNDATIONAL KANNADA (2024 Batch)

Total Teaching Hours for Semester:30
No of Lecture Hours/Week:2
Max Marks:50
Credits:02

Course Objectives/Course Description

 

This is basically for Kannada unknown students. The non kannada speaking students are trained to speak, read and write. This course mainly focused on communication skills for their day  to day life activities. It helps them to communicate in various domains and  also helps them  to have good relationship with  the local people  and  enable to argue in the local court with the Kannada language

Learning Outcome

CO1: Able to recognize and learn the Kannada alphabets.

CO2: Capable to understand the different phones in Kannada language

CO3: Enable to compose the sentences of their own.

CO4: Able to acquire written as well as spoken language skills.

Unit-1
Teaching Hours:5
Introduction to Kannada Phonetics
 

1.       Kannada Varnamale: Swaragalu, vyanjanagalu, (Vargeeya mattu Avargeeya vyanjanagalu)  

2.       Kaagunita  

3.       Ottaksharagalu ( Double Consonants) 

4.       Different phones to be focused on – A - Ha, O - ho, TA-ta, NA-na, LA, la.

5.       Vocabulary and  different meaning.

                                                                                                                                                      

Unit-1
Teaching Hours:5
Introduction to Kannada Phonetics
 

1.       Kannada Varnamale: Swaragalu, vyanjanagalu, (Vargeeya mattu Avargeeya vyanjanagalu)  

2.       Kaagunita  

3.       Ottaksharagalu ( Double Consonants) 

4.       Different phones to be focused on – A - Ha, O - ho, TA-ta, NA-na, LA, la.

5.       Vocabulary and  different meaning.

                                                                                                                                                      

Unit-2
Teaching Hours:7
Noun and Verb Phrase.
 

 1.       Naamapada mattu Sarvanaama

2.       Linga , Vachana mattu  Vibhakti Pratyayagalu 

3.       Kriyaa Dhaatu, Kriyaa pada with past and present tense

                                                                                                  

Unit-2
Teaching Hours:7
Noun and Verb Phrase.
 

 1.       Naamapada mattu Sarvanaama

2.       Linga , Vachana mattu  Vibhakti Pratyayagalu 

3.       Kriyaa Dhaatu, Kriyaa pada with past and present tense

                                                                                                  

Unit-3
Teaching Hours:12
Syntax
 

Sentence making

2.Question form ; Question tag

3. Negation

4. opposite words

5. Translation of simple sentences  from English to Kannada and vice versa

                                                  

Unit-3
Teaching Hours:12
Syntax
 

Sentence making

2.Question form ; Question tag

3. Negation

4. opposite words

5. Translation of simple sentences  from English to Kannada and vice versa

                                                  

Unit-4
Teaching Hours:6
Conversational Kannada
 

1.       Conversations in various contexts  -Role play , Skit based activity.

 

Unit-4
Teaching Hours:6
Conversational Kannada
 

1.       Conversations in various contexts  -Role play , Skit based activity.

 

Text Books And Reference Books:

1. Muddu Kannada: R.L. Anantha Ramiah

2.  Maggi Pustaka

3.  Kannada Varna Male- Charts

Essential Reading / Recommended Reading

 

  1. Kannada Kali Nali: N.S. Lakshminarayanabhatt
Evaluation Pattern

CIA 1 : Written test  to test their writing ability

CIA 2:  Mid Semester Exams

CIA 3: Oral test  to test their speaking ability

End Semester Exams

 

 

 

 

 

LAW133 - ECONOMICS FOR LAW I (2024 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:4
Max Marks:100
Credits:4

Course Objectives/Course Description

 

The course is designed for beginners with no formal background or little acquaintance with economics. The objective is to give the students a clear understanding of the basic concepts, tools of analysis, and terminologies used in economics to facilitate their understanding of various legal phenomena. Emphasis will be placed on using graphs, diagrams, and numerical tables/schedules for exposition. The teacher must draw examples from the surrounding world to clarify the concepts.

Learning Outcome

CO1: Explain terminologies and apply economics tools to analyze economic activities.

CO2: Identify and analyze the behavior of economic agents in decision-making.

CO3: Describe the significance of the perfect competition and identify deadweight loss in imperfect competition.

CO4: Explain and project the trends of business cycles.

CO5: Analyze the problems facing the economy and suggest government policies.

Unit-1
Teaching Hours:12
INTRODUCTION TO ECONOMICS
 

 

  1. Definitions of economics: Positive and normative analysis, microeconomics, and macroeconomics
  2. Fundamental principles of economics used in legal analysis are choices, opportunity costs, rationality and law, marginality, efficiency and productivity, and trade-off.
  3. Pareto and Hicks-Kaldor efficiency
  4. Economic models and their purposes: The Production Possibilities Curve, the equity-efficiency debate
  5. Welfare economics: Meaning and its implications to law
Unit-1
Teaching Hours:12
INTRODUCTION TO ECONOMICS
 

 

  1. Definitions of economics: Positive and normative analysis, microeconomics, and macroeconomics
  2. Fundamental principles of economics used in legal analysis are choices, opportunity costs, rationality and law, marginality, efficiency and productivity, and trade-off.
  3. Pareto and Hicks-Kaldor efficiency
  4. Economic models and their purposes: The Production Possibilities Curve, the equity-efficiency debate
  5. Welfare economics: Meaning and its implications to law
Unit-1
Teaching Hours:12
INTRODUCTION TO ECONOMICS
 

 

  1. Definitions of economics: Positive and normative analysis, microeconomics, and macroeconomics
  2. Fundamental principles of economics used in legal analysis are choices, opportunity costs, rationality and law, marginality, efficiency and productivity, and trade-off.
  3. Pareto and Hicks-Kaldor efficiency
  4. Economic models and their purposes: The Production Possibilities Curve, the equity-efficiency debate
  5. Welfare economics: Meaning and its implications to law
Unit-1
Teaching Hours:12
INTRODUCTION TO ECONOMICS
 

 

  1. Definitions of economics: Positive and normative analysis, microeconomics, and macroeconomics
  2. Fundamental principles of economics used in legal analysis are choices, opportunity costs, rationality and law, marginality, efficiency and productivity, and trade-off.
  3. Pareto and Hicks-Kaldor efficiency
  4. Economic models and their purposes: The Production Possibilities Curve, the equity-efficiency debate
  5. Welfare economics: Meaning and its implications to law
Unit-1
Teaching Hours:12
INTRODUCTION TO ECONOMICS
 

 

  1. Definitions of economics: Positive and normative analysis, microeconomics, and macroeconomics
  2. Fundamental principles of economics used in legal analysis are choices, opportunity costs, rationality and law, marginality, efficiency and productivity, and trade-off.
  3. Pareto and Hicks-Kaldor efficiency
  4. Economic models and their purposes: The Production Possibilities Curve, the equity-efficiency debate
  5. Welfare economics: Meaning and its implications to law
Unit-1
Teaching Hours:12
INTRODUCTION TO ECONOMICS
 

 

  1. Definitions of economics: Positive and normative analysis, microeconomics, and macroeconomics
  2. Fundamental principles of economics used in legal analysis are choices, opportunity costs, rationality and law, marginality, efficiency and productivity, and trade-off.
  3. Pareto and Hicks-Kaldor efficiency
  4. Economic models and their purposes: The Production Possibilities Curve, the equity-efficiency debate
  5. Welfare economics: Meaning and its implications to law
Unit-2
Teaching Hours:16
THEORY OF CONSUMPTION, DEMAND AND SUPPLY
 

 

  1. Utility, Diminishing Marginal Utility and Indifference Curve Analysis
  2. Demand: Law of demand, demand schedule, demand curve, individual demand, market demand, factors affecting demand.
  3. Supply: Law of supply, supply schedule, supply curve, individual supply, market supply, factors affecting supply
  4. Market Equilibrium, Consumers' and producer’s surplus.
  5. Elasticities of Demand and Supply
  6. Government policies- Price controls: - Rent controls, Minimum wage, Evaluating Price Controls.
Unit-2
Teaching Hours:16
THEORY OF CONSUMPTION, DEMAND AND SUPPLY
 

 

  1. Utility, Diminishing Marginal Utility and Indifference Curve Analysis
  2. Demand: Law of demand, demand schedule, demand curve, individual demand, market demand, factors affecting demand.
  3. Supply: Law of supply, supply schedule, supply curve, individual supply, market supply, factors affecting supply
  4. Market Equilibrium, Consumers' and producer’s surplus.
  5. Elasticities of Demand and Supply
  6. Government policies- Price controls: - Rent controls, Minimum wage, Evaluating Price Controls.
Unit-2
Teaching Hours:16
THEORY OF CONSUMPTION, DEMAND AND SUPPLY
 

 

  1. Utility, Diminishing Marginal Utility and Indifference Curve Analysis
  2. Demand: Law of demand, demand schedule, demand curve, individual demand, market demand, factors affecting demand.
  3. Supply: Law of supply, supply schedule, supply curve, individual supply, market supply, factors affecting supply
  4. Market Equilibrium, Consumers' and producer’s surplus.
  5. Elasticities of Demand and Supply
  6. Government policies- Price controls: - Rent controls, Minimum wage, Evaluating Price Controls.
Unit-2
Teaching Hours:16
THEORY OF CONSUMPTION, DEMAND AND SUPPLY
 

 

  1. Utility, Diminishing Marginal Utility and Indifference Curve Analysis
  2. Demand: Law of demand, demand schedule, demand curve, individual demand, market demand, factors affecting demand.
  3. Supply: Law of supply, supply schedule, supply curve, individual supply, market supply, factors affecting supply
  4. Market Equilibrium, Consumers' and producer’s surplus.
  5. Elasticities of Demand and Supply
  6. Government policies- Price controls: - Rent controls, Minimum wage, Evaluating Price Controls.
Unit-2
Teaching Hours:16
THEORY OF CONSUMPTION, DEMAND AND SUPPLY
 

 

  1. Utility, Diminishing Marginal Utility and Indifference Curve Analysis
  2. Demand: Law of demand, demand schedule, demand curve, individual demand, market demand, factors affecting demand.
  3. Supply: Law of supply, supply schedule, supply curve, individual supply, market supply, factors affecting supply
  4. Market Equilibrium, Consumers' and producer’s surplus.
  5. Elasticities of Demand and Supply
  6. Government policies- Price controls: - Rent controls, Minimum wage, Evaluating Price Controls.
Unit-2
Teaching Hours:16
THEORY OF CONSUMPTION, DEMAND AND SUPPLY
 

 

  1. Utility, Diminishing Marginal Utility and Indifference Curve Analysis
  2. Demand: Law of demand, demand schedule, demand curve, individual demand, market demand, factors affecting demand.
  3. Supply: Law of supply, supply schedule, supply curve, individual supply, market supply, factors affecting supply
  4. Market Equilibrium, Consumers' and producer’s surplus.
  5. Elasticities of Demand and Supply
  6. Government policies- Price controls: - Rent controls, Minimum wage, Evaluating Price Controls.
Unit-3
Teaching Hours:8
THEORY OF PRODUCTION, COST AND REVENUE
 
  1. Production: definition, short-run and long-run production functions, law of variable proportions, laws of returns to scale
  2. Costs: Economic and Accounting costs, Opportunity costs, Fixed and Sunk costs, Total and variable costs, average and marginal costs, and Short-run and Long-run cost functions.
  3. Revenue analysis: total revenue, marginal revenue, average revenue in different market settings
Unit-3
Teaching Hours:8
THEORY OF PRODUCTION, COST AND REVENUE
 
  1. Production: definition, short-run and long-run production functions, law of variable proportions, laws of returns to scale
  2. Costs: Economic and Accounting costs, Opportunity costs, Fixed and Sunk costs, Total and variable costs, average and marginal costs, and Short-run and Long-run cost functions.
  3. Revenue analysis: total revenue, marginal revenue, average revenue in different market settings
Unit-3
Teaching Hours:8
THEORY OF PRODUCTION, COST AND REVENUE
 
  1. Production: definition, short-run and long-run production functions, law of variable proportions, laws of returns to scale
  2. Costs: Economic and Accounting costs, Opportunity costs, Fixed and Sunk costs, Total and variable costs, average and marginal costs, and Short-run and Long-run cost functions.
  3. Revenue analysis: total revenue, marginal revenue, average revenue in different market settings
Unit-3
Teaching Hours:8
THEORY OF PRODUCTION, COST AND REVENUE
 
  1. Production: definition, short-run and long-run production functions, law of variable proportions, laws of returns to scale
  2. Costs: Economic and Accounting costs, Opportunity costs, Fixed and Sunk costs, Total and variable costs, average and marginal costs, and Short-run and Long-run cost functions.
  3. Revenue analysis: total revenue, marginal revenue, average revenue in different market settings
Unit-3
Teaching Hours:8
THEORY OF PRODUCTION, COST AND REVENUE
 
  1. Production: definition, short-run and long-run production functions, law of variable proportions, laws of returns to scale
  2. Costs: Economic and Accounting costs, Opportunity costs, Fixed and Sunk costs, Total and variable costs, average and marginal costs, and Short-run and Long-run cost functions.
  3. Revenue analysis: total revenue, marginal revenue, average revenue in different market settings
Unit-3
Teaching Hours:8
THEORY OF PRODUCTION, COST AND REVENUE
 
  1. Production: definition, short-run and long-run production functions, law of variable proportions, laws of returns to scale
  2. Costs: Economic and Accounting costs, Opportunity costs, Fixed and Sunk costs, Total and variable costs, average and marginal costs, and Short-run and Long-run cost functions.
  3. Revenue analysis: total revenue, marginal revenue, average revenue in different market settings
Unit-4
Teaching Hours:14
THEORY OF MARKETS
 

                                                   

  1. Firms in a competitive market: price and output determination, Economic efficiency and the success of competitive markets
  2. Monopoly: price and output determination.
  3. Monopolistic competition: price and output determination.
  4. Monopoly: price and output determination
  5. Oligopoly: Sweezy’s kinked-demand model, Price leadership, and Cartels
  6. Duopoly: Dynamic, Spatial, Network, and Behavioral duopoly models
Unit-4
Teaching Hours:14
THEORY OF MARKETS
 

                                                   

  1. Firms in a competitive market: price and output determination, Economic efficiency and the success of competitive markets
  2. Monopoly: price and output determination.
  3. Monopolistic competition: price and output determination.
  4. Monopoly: price and output determination
  5. Oligopoly: Sweezy’s kinked-demand model, Price leadership, and Cartels
  6. Duopoly: Dynamic, Spatial, Network, and Behavioral duopoly models
Unit-4
Teaching Hours:14
THEORY OF MARKETS
 

                                                   

  1. Firms in a competitive market: price and output determination, Economic efficiency and the success of competitive markets
  2. Monopoly: price and output determination.
  3. Monopolistic competition: price and output determination.
  4. Monopoly: price and output determination
  5. Oligopoly: Sweezy’s kinked-demand model, Price leadership, and Cartels
  6. Duopoly: Dynamic, Spatial, Network, and Behavioral duopoly models
Unit-4
Teaching Hours:14
THEORY OF MARKETS
 

                                                   

  1. Firms in a competitive market: price and output determination, Economic efficiency and the success of competitive markets
  2. Monopoly: price and output determination.
  3. Monopolistic competition: price and output determination.
  4. Monopoly: price and output determination
  5. Oligopoly: Sweezy’s kinked-demand model, Price leadership, and Cartels
  6. Duopoly: Dynamic, Spatial, Network, and Behavioral duopoly models
Unit-4
Teaching Hours:14
THEORY OF MARKETS
 

                                                   

  1. Firms in a competitive market: price and output determination, Economic efficiency and the success of competitive markets
  2. Monopoly: price and output determination.
  3. Monopolistic competition: price and output determination.
  4. Monopoly: price and output determination
  5. Oligopoly: Sweezy’s kinked-demand model, Price leadership, and Cartels
  6. Duopoly: Dynamic, Spatial, Network, and Behavioral duopoly models
Unit-4
Teaching Hours:14
THEORY OF MARKETS
 

                                                   

  1. Firms in a competitive market: price and output determination, Economic efficiency and the success of competitive markets
  2. Monopoly: price and output determination.
  3. Monopolistic competition: price and output determination.
  4. Monopoly: price and output determination
  5. Oligopoly: Sweezy’s kinked-demand model, Price leadership, and Cartels
  6. Duopoly: Dynamic, Spatial, Network, and Behavioral duopoly models
Unit-5
Teaching Hours:10
FUNDAMENTALS OF MACROECONOMICS
 

 

  1. National Income: basic concepts, real GDP, nominal GDP, per capita Income.
  2. Economic indicators: Unemployment, Inflation, HDI, etc.
  3. Trade cycles: Expansion, Peak, Contraction, Trough
  4. Monetary Policy and Central Bank Independence
  5. Fiscal Policy and Legal Constraints
  6. Debates over macroeconomic policies
Unit-5
Teaching Hours:10
FUNDAMENTALS OF MACROECONOMICS
 

 

  1. National Income: basic concepts, real GDP, nominal GDP, per capita Income.
  2. Economic indicators: Unemployment, Inflation, HDI, etc.
  3. Trade cycles: Expansion, Peak, Contraction, Trough
  4. Monetary Policy and Central Bank Independence
  5. Fiscal Policy and Legal Constraints
  6. Debates over macroeconomic policies
Unit-5
Teaching Hours:10
FUNDAMENTALS OF MACROECONOMICS
 

 

  1. National Income: basic concepts, real GDP, nominal GDP, per capita Income.
  2. Economic indicators: Unemployment, Inflation, HDI, etc.
  3. Trade cycles: Expansion, Peak, Contraction, Trough
  4. Monetary Policy and Central Bank Independence
  5. Fiscal Policy and Legal Constraints
  6. Debates over macroeconomic policies
Unit-5
Teaching Hours:10
FUNDAMENTALS OF MACROECONOMICS
 

 

  1. National Income: basic concepts, real GDP, nominal GDP, per capita Income.
  2. Economic indicators: Unemployment, Inflation, HDI, etc.
  3. Trade cycles: Expansion, Peak, Contraction, Trough
  4. Monetary Policy and Central Bank Independence
  5. Fiscal Policy and Legal Constraints
  6. Debates over macroeconomic policies
Unit-5
Teaching Hours:10
FUNDAMENTALS OF MACROECONOMICS
 

 

  1. National Income: basic concepts, real GDP, nominal GDP, per capita Income.
  2. Economic indicators: Unemployment, Inflation, HDI, etc.
  3. Trade cycles: Expansion, Peak, Contraction, Trough
  4. Monetary Policy and Central Bank Independence
  5. Fiscal Policy and Legal Constraints
  6. Debates over macroeconomic policies
Unit-5
Teaching Hours:10
FUNDAMENTALS OF MACROECONOMICS
 

 

  1. National Income: basic concepts, real GDP, nominal GDP, per capita Income.
  2. Economic indicators: Unemployment, Inflation, HDI, etc.
  3. Trade cycles: Expansion, Peak, Contraction, Trough
  4. Monetary Policy and Central Bank Independence
  5. Fiscal Policy and Legal Constraints
  6. Debates over macroeconomic policies
Text Books And Reference Books:
  1. Mankiw, G–Principles of Economics-8TH Edition (2022)- Cengage
Essential Reading / Recommended Reading
  1. Samuelson and Nordhaus - Economics –18th Edition (2004)- McGraw Hill. Inc.
  2. Parkin, Michael - Macroeconomics, 7th Edition (2004)- Prentice Hall.
  3. Miller, R.L. – Economics Today -14th Edition (2005) – Addison Wesley.
  4. William Boyes and Michael Melvin- Textbook of economics – 6th edition (2009)-biztantra (Indian edition)
  5. Goodwin. N, Harris. J, Nelson. J, Roach. B and Torras. M- Microeconomics in context, third edition (2017)
Evaluation Pattern

SCHEME OF VALUATION

CIA 1 – 10% (Class Test, Assignments, Presentation)

CIA II – 25% (Mid semester exam)

CIA III – 10% (Research work)

Attendance – 5%

End Semester Examination – 50%

LAW144B - LEGAL LANGUAGE AND LEGAL WRITING (2024 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

The ability to communicate clearly and effectively is an essential component of any lawyer’s skill set, both inside and outside the courtroom. The objective of this course is to introduce students to the nuances of legal language and writing, and its use and application through the study of judicial opinions, common legal maxims and legal terminology. It also seeks to familiarize students with the principles governing legal drafting, and equip them with the ability to draft simple legal documents. And with academic legal writing assuming increasing significance in this day and age, both for students and practitioners, emphasis has also been placed on developing and honing students’ research and writing skills through the study of the works of eminent jurists, as also practical writing exercises.

Learning Outcome

CO 1: To analyze judgements and to identify ratio decidendi and obiter dicter.

CO2: Demonstrate the vocabulary knowledge to draft basic legal documents(employability)

CO3: Apply legal terms and legal maxims in legal communication.

CO4: Apply basic research skills to different types of academic legal writing.

Unit-1
Teaching Hours:10
Introduction to language and the law
 

Introduction to Language in Law, Evolution and History of Legal Language and legal writing, The problem with legalese

Unit-1
Teaching Hours:10
Introduction to language and the law
 

Introduction to Language in Law, Evolution and History of Legal Language and legal writing, The problem with legalese

Unit-1
Teaching Hours:10
Introduction to language and the law
 

Introduction to Language in Law, Evolution and History of Legal Language and legal writing, The problem with legalese

Unit-2
Teaching Hours:13
LEGISLATIVE AND JUDICIAL MATERIAL
 

Parts of a statute, Aid to Interpretation of statutes, Rules of Interpretation of statutes, Finding parts of a decision-Ratio decidendi, Obiter Dicta, Finding out ratio, Article 141 of the Indian Constitution, Discussing contemporary case laws.

Unit-2
Teaching Hours:13
LEGISLATIVE AND JUDICIAL MATERIAL
 

Parts of a statute, Aid to Interpretation of statutes, Rules of Interpretation of statutes, Finding parts of a decision-Ratio decidendi, Obiter Dicta, Finding out ratio, Article 141 of the Indian Constitution, Discussing contemporary case laws.

Unit-2
Teaching Hours:13
LEGISLATIVE AND JUDICIAL MATERIAL
 

Parts of a statute, Aid to Interpretation of statutes, Rules of Interpretation of statutes, Finding parts of a decision-Ratio decidendi, Obiter Dicta, Finding out ratio, Article 141 of the Indian Constitution, Discussing contemporary case laws.

Unit-3
Teaching Hours:10
LEGAL MAXIMS
 

A study of 25 Latin maxims of particular importance, with a view to familiarizing students with principles of law enshrined therein.

1.      Actus non facit reum nisi mens sit rea (The act itself does not constitute guilt unless done with guilty intent).

2.      Actio personalis moritur cum persona (A personal right of action dies with the person).

3.      Audi Alteram Partem (Non man shall be condemned unheard).

4.      Communis error facit jus (Common error sometimes poses current as law).

5.      Delegatus non potest delegare (Delegate cannot further delegate).

6.      Ex nudo pacto non oritur actio (No causee of action arises from a bare promise).

7.      Ex turpi causa non oritur actio (An action does not arise from a base cause).

8.      In pari delicto potio rest condition defendentis (Where the parties are equally at guilt, the defendant is better placed).

9.  Generalia specialibus non derogant (General things do not derogate from special things).

10.  Ignorantia facti excusat, ignorant juris non excusat (Ignorance of fact excuses, ignorance of law does not excuse).

11.  In jure non remote causa, sed proxima spectatur (In law, the immediate, not the remote cause, of any event is regarded).

12.  Omina praesumuntur contra spoliatorem (All things are presumed against a wrong doer).

13.  Sic uteretu utalienum non laedas (Enjoy your property in such a manner as not to injure that of another person).

14.  Ubi jus ibi remedium (Every right has a remedy).

15.  Cessante ratione cessat lex ipsa (If the reason of law ceases, the law itself will cease).

16.  Salus populi est suprema lex (Regard for the public welfare is the highest law).

17.  Novus actus intervenius (A new act intervening).

18.  Rex non-potest peccare (The king can do no wrong).

19.  Vigilantibus non dormientibus, jura subeniunt (The laws give help to those who are vigilant and not to those who sleep over their rights).

20.  Ut res magis valeat quam pereat (It is better for a thing to have effect than to be made void).

 

Unit-3
Teaching Hours:10
LEGAL MAXIMS
 

A study of 25 Latin maxims of particular importance, with a view to familiarizing students with principles of law enshrined therein.

1.      Actus non facit reum nisi mens sit rea (The act itself does not constitute guilt unless done with guilty intent).

2.      Actio personalis moritur cum persona (A personal right of action dies with the person).

3.      Audi Alteram Partem (Non man shall be condemned unheard).

4.      Communis error facit jus (Common error sometimes poses current as law).

5.      Delegatus non potest delegare (Delegate cannot further delegate).

6.      Ex nudo pacto non oritur actio (No causee of action arises from a bare promise).

7.      Ex turpi causa non oritur actio (An action does not arise from a base cause).

8.      In pari delicto potio rest condition defendentis (Where the parties are equally at guilt, the defendant is better placed).

9.  Generalia specialibus non derogant (General things do not derogate from special things).

10.  Ignorantia facti excusat, ignorant juris non excusat (Ignorance of fact excuses, ignorance of law does not excuse).

11.  In jure non remote causa, sed proxima spectatur (In law, the immediate, not the remote cause, of any event is regarded).

12.  Omina praesumuntur contra spoliatorem (All things are presumed against a wrong doer).

13.  Sic uteretu utalienum non laedas (Enjoy your property in such a manner as not to injure that of another person).

14.  Ubi jus ibi remedium (Every right has a remedy).

15.  Cessante ratione cessat lex ipsa (If the reason of law ceases, the law itself will cease).

16.  Salus populi est suprema lex (Regard for the public welfare is the highest law).

17.  Novus actus intervenius (A new act intervening).

18.  Rex non-potest peccare (The king can do no wrong).

19.  Vigilantibus non dormientibus, jura subeniunt (The laws give help to those who are vigilant and not to those who sleep over their rights).

20.  Ut res magis valeat quam pereat (It is better for a thing to have effect than to be made void).

 

Unit-3
Teaching Hours:10
LEGAL MAXIMS
 

A study of 25 Latin maxims of particular importance, with a view to familiarizing students with principles of law enshrined therein.

1.      Actus non facit reum nisi mens sit rea (The act itself does not constitute guilt unless done with guilty intent).

2.      Actio personalis moritur cum persona (A personal right of action dies with the person).

3.      Audi Alteram Partem (Non man shall be condemned unheard).

4.      Communis error facit jus (Common error sometimes poses current as law).

5.      Delegatus non potest delegare (Delegate cannot further delegate).

6.      Ex nudo pacto non oritur actio (No causee of action arises from a bare promise).

7.      Ex turpi causa non oritur actio (An action does not arise from a base cause).

8.      In pari delicto potio rest condition defendentis (Where the parties are equally at guilt, the defendant is better placed).

9.  Generalia specialibus non derogant (General things do not derogate from special things).

10.  Ignorantia facti excusat, ignorant juris non excusat (Ignorance of fact excuses, ignorance of law does not excuse).

11.  In jure non remote causa, sed proxima spectatur (In law, the immediate, not the remote cause, of any event is regarded).

12.  Omina praesumuntur contra spoliatorem (All things are presumed against a wrong doer).

13.  Sic uteretu utalienum non laedas (Enjoy your property in such a manner as not to injure that of another person).

14.  Ubi jus ibi remedium (Every right has a remedy).

15.  Cessante ratione cessat lex ipsa (If the reason of law ceases, the law itself will cease).

16.  Salus populi est suprema lex (Regard for the public welfare is the highest law).

17.  Novus actus intervenius (A new act intervening).

18.  Rex non-potest peccare (The king can do no wrong).

19.  Vigilantibus non dormientibus, jura subeniunt (The laws give help to those who are vigilant and not to those who sleep over their rights).

20.  Ut res magis valeat quam pereat (It is better for a thing to have effect than to be made void).

 

Unit-4
Teaching Hours:7
USE OF WORDS AND PHRASES IN LEGAL WRITING
 

Meaning and use of legal words and phrases in legal writing. 

  1. Affidavit
  2. Alibi
  3. estoppel
  4. in camera
  5. bias
  6. burden of proof
  7. cause of action
  8. cross-examination
  9. Alimony
  10. juvenile
  11. appeal
  12. bail
  13. Writs
  14. Parole
  15. Descendent
Unit-4
Teaching Hours:7
USE OF WORDS AND PHRASES IN LEGAL WRITING
 

Meaning and use of legal words and phrases in legal writing. 

  1. Affidavit
  2. Alibi
  3. estoppel
  4. in camera
  5. bias
  6. burden of proof
  7. cause of action
  8. cross-examination
  9. Alimony
  10. juvenile
  11. appeal
  12. bail
  13. Writs
  14. Parole
  15. Descendent
Unit-4
Teaching Hours:7
USE OF WORDS AND PHRASES IN LEGAL WRITING
 

Meaning and use of legal words and phrases in legal writing. 

  1. Affidavit
  2. Alibi
  3. estoppel
  4. in camera
  5. bias
  6. burden of proof
  7. cause of action
  8. cross-examination
  9. Alimony
  10. juvenile
  11. appeal
  12. bail
  13. Writs
  14. Parole
  15. Descendent
Unit-5
Teaching Hours:8
GENERAL PRINCIPLES GOVERNING LEGAL DRAFTING FRAMING ISSUES ETC.
 

 Introduction to Legal Drafting, Notices, Affidavits, rent agreement and Pleadings

 

Unit-5
Teaching Hours:8
GENERAL PRINCIPLES GOVERNING LEGAL DRAFTING FRAMING ISSUES ETC.
 

 Introduction to Legal Drafting, Notices, Affidavits, rent agreement and Pleadings

 

Unit-5
Teaching Hours:8
GENERAL PRINCIPLES GOVERNING LEGAL DRAFTING FRAMING ISSUES ETC.
 

 Introduction to Legal Drafting, Notices, Affidavits, rent agreement and Pleadings

 

Unit-6
Teaching Hours:12
ACADEMIC LEGAL WRITING
 

Sources of Legal Material including use of law library, Steps of legal research, Writing an Abstract, Formal Writing Style, Plagiarism, Citation Methods, Written communication including emails and  formal letters.

 

Unit-6
Teaching Hours:12
ACADEMIC LEGAL WRITING
 

Sources of Legal Material including use of law library, Steps of legal research, Writing an Abstract, Formal Writing Style, Plagiarism, Citation Methods, Written communication including emails and  formal letters.

 

Unit-6
Teaching Hours:12
ACADEMIC LEGAL WRITING
 

Sources of Legal Material including use of law library, Steps of legal research, Writing an Abstract, Formal Writing Style, Plagiarism, Citation Methods, Written communication including emails and  formal letters.

 

Text Books And Reference Books:

  1. B. M. Gandhi, Legal Language, Legal Writing and General English, Eastern Book Company, 2010.
  2. Blacks' Law Dictionary, Universal Publishing Ltd., 2000.
  3.   Broom’s Legal Maxims, Universal Publishing Ltd., 2011
  4. Broom’s Legal Maxims. 11thed. New Delhi: Universal Publishing Ltd., 2011.
  5. C.R. Datta & M.N. Das, DeSouza’s Conveyancing, Eastern Law House, 13th ed., 2004
  6. Dr. A. Prasad, Outlines of Legal Language in India, Central Law Publications, 6th ed., 2011
  7. Dr. S.C. Tripathi, Legal language, Legal Writing and General English, Central Law Publications, 6th ed.,
  8. E. Volokh, Academic Legal Writing, Foundation Press, 4th ed., 2010.
  9. A.K. Sengupta, Maumdar’sLaw Relating to Notices. Kolkata: Eastern Law House Pvt. Ltd., 2005.
  10. Mogha G. C. Mogha’s Law of Pleadindgs in India with Precedents. 17th ed. Lucknow: Eastern Book Company, 2006 (2009).
  11. P. Ramanatha Aiyar’s The Law Lexicon, Dr. Shakil Ahmad Khan, LexisNexis, 3rd ed., 2012
  12. Prof. K. Mony & K. Usha, Legal Drafting, Cochin: Usha Publications, 13th ed., 2010.
  13. Prof. K.L. Bhatia, Textbook on Legal Language and Legal Writing, Universal Law Publishing Co., 2010.
  14. S.P. Aggarwal, Drafting and Conveyancing (Student Series), LexisNexis, 5th ed., 2013.
  15. Shrivastava J. M. Mogha’s Indian Conveyancer. 14th ed. Lucknow: Eastern Book Company, 2009.
  16. Trayner’s Legal Maxims. New Delhi: Universal Publishing Ltd., 2010.

 

Essential Reading / Recommended Reading
  1. B. M. Gandhi, Legal Language, Legal Writing and General English, Eastern Book Company, 2010.
  2. Blacks' Law Dictionary, Universal Publishing Ltd., 2000.
  3.   Broom’s Legal Maxims, Universal Publishing Ltd., 2011
  4. Broom’s Legal Maxims. 11thed. New Delhi: Universal Publishing Ltd., 2011.
  5. C.R. Datta & M.N. Das, DeSouza’s Conveyancing, Eastern Law House, 13th ed., 2004
  6. Dr. A. Prasad, Outlines of Legal Language in India, Central Law Publications, 6th ed., 2011
  7. Dr. S.C. Tripathi, Legal language, Legal Writing and General English, Central Law Publications, 6th ed.,
  8. E. Volokh, Academic Legal Writing, Foundation Press, 4th ed., 2010.
  9. A.K. Sengupta, Maumdar’sLaw Relating to Notices. Kolkata: Eastern Law House Pvt. Ltd., 2005.
  10. Mogha G. C. Mogha’s Law of Pleadindgs in India with Precedents. 17th ed. Lucknow: Eastern Book Company, 2006 (2009).
  11. P. Ramanatha Aiyar’s The Law Lexicon, Dr. Shakil Ahmad Khan, LexisNexis, 3rd ed., 2012
  12. Prof. K. Mony & K. Usha, Legal Drafting, Cochin: Usha Publications, 13th ed., 2010.
  13. Prof. K.L. Bhatia, Textbook on Legal Language and Legal Writing, Universal Law Publishing Co., 2010.
  14. S.P. Aggarwal, Drafting and Conveyancing (Student Series), LexisNexis, 5th ed., 2013.
  15. Shrivastava J. M. Mogha’s Indian Conveyancer. 14th ed. Lucknow: Eastern Book Company, 2009.
  16. Trayner’s Legal Maxims. New Delhi: Universal Publishing Ltd., 2010.

 

Evaluation Pattern

CIA I – Class Test / Assignment / Presentation            – 10%

CIA II – Mid Semester Examination                                 – 25%

CIA III – Research Topic                                                     – 10%

Attendance                                                                            – 05%

End Semester Examination                                                – 50%

 

            TOTAL                                                                                  100%

LAW145 - LAW LITERATURE AND JUDICIAL PROCESS (2024 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

Orient the student to the scheme of law and the essential tools, principles and methods by which the legal system operates to deliver justice. The course will entail the study of sources of law, doctrine of precedents, legal reasoning, case briefing and analogizing and interpretation of statutes and the working of the judicial process. The course will also address basic question such as where and how a start researching on a problem, how to find authorities in support of one’s proposition, how to read a case and prepare a case brief, and how to read a statute

Learning Outcome

CO1: To understand the fundamental legal concepts in a legal system

CO2: To understand judgment as laid down by the case.

CO3: To demonstrate skills of legal reasoning.

CO4: To identify important issues from the legal system.

Unit-1
Teaching Hours:12
LAW: MEANING, CLASSIFICATION AND SOURCES
 

Meaning and definition; Functions of law; Classification of laws: Public and Private Law, Substantive and Procedural Law, Municipal and International Law; Sources of Law: Statute as a Source, Precedent as Source, Customs, International Law as a source of Municipal Law, Justice Equity and Good Conscience, Juristic Writings

 

Learning Outcomes: On completion of this Unit, students will be able to have a conceptual understand on the meaning of law and to distinguish between the different types of laws.

 

On completion of this Unit students will be able to tell the different sources of law and their relationship inter se.

Unit-1
Teaching Hours:12
LAW: MEANING, CLASSIFICATION AND SOURCES
 

Meaning and definition; Functions of law; Classification of laws: Public and Private Law, Substantive and Procedural Law, Municipal and International Law; Sources of Law: Statute as a Source, Precedent as Source, Customs, International Law as a source of Municipal Law, Justice Equity and Good Conscience, Juristic Writings

 

Learning Outcomes: On completion of this Unit, students will be able to have a conceptual understand on the meaning of law and to distinguish between the different types of laws.

 

On completion of this Unit students will be able to tell the different sources of law and their relationship inter se.

Unit-1
Teaching Hours:12
LAW: MEANING, CLASSIFICATION AND SOURCES
 

Meaning and definition; Functions of law; Classification of laws: Public and Private Law, Substantive and Procedural Law, Municipal and International Law; Sources of Law: Statute as a Source, Precedent as Source, Customs, International Law as a source of Municipal Law, Justice Equity and Good Conscience, Juristic Writings

 

Learning Outcomes: On completion of this Unit, students will be able to have a conceptual understand on the meaning of law and to distinguish between the different types of laws.

 

On completion of this Unit students will be able to tell the different sources of law and their relationship inter se.

Unit-1
Teaching Hours:12
LAW: MEANING, CLASSIFICATION AND SOURCES
 

Meaning and definition; Functions of law; Classification of laws: Public and Private Law, Substantive and Procedural Law, Municipal and International Law; Sources of Law: Statute as a Source, Precedent as Source, Customs, International Law as a source of Municipal Law, Justice Equity and Good Conscience, Juristic Writings

 

Learning Outcomes: On completion of this Unit, students will be able to have a conceptual understand on the meaning of law and to distinguish between the different types of laws.

 

On completion of this Unit students will be able to tell the different sources of law and their relationship inter se.

Unit-1
Teaching Hours:12
LAW: MEANING, CLASSIFICATION AND SOURCES
 

Meaning and definition; Functions of law; Classification of laws: Public and Private Law, Substantive and Procedural Law, Municipal and International Law; Sources of Law: Statute as a Source, Precedent as Source, Customs, International Law as a source of Municipal Law, Justice Equity and Good Conscience, Juristic Writings

 

Learning Outcomes: On completion of this Unit, students will be able to have a conceptual understand on the meaning of law and to distinguish between the different types of laws.

 

On completion of this Unit students will be able to tell the different sources of law and their relationship inter se.

Unit-1
Teaching Hours:12
LAW: MEANING, CLASSIFICATION AND SOURCES
 

Meaning and definition; Functions of law; Classification of laws: Public and Private Law, Substantive and Procedural Law, Municipal and International Law; Sources of Law: Statute as a Source, Precedent as Source, Customs, International Law as a source of Municipal Law, Justice Equity and Good Conscience, Juristic Writings

 

Learning Outcomes: On completion of this Unit, students will be able to have a conceptual understand on the meaning of law and to distinguish between the different types of laws.

 

On completion of this Unit students will be able to tell the different sources of law and their relationship inter se.

Unit-2
Teaching Hours:12
INTRODUCTION TO READING AND UNDERSTANDING OF LEGAL TEXT
 

Components of a Judgement: Cause Title, Facts, Issues, Prayer and Arguments, Ratio Decidendi, Obiter Dicta; Important Concepts in relation to Case Laws: Different Kinds of opinions (dissenting and concurring opinion), Tests to determine the Ratio, Bench Strength and Implications, Overruling of judgments, Parts of a Statute

 

Learning Outcomes : On completion of this Unit students will be able to identify the different parts of a case and a statute.

On completion of this Unit, students will be able to read and analyse judgments in order to understand the principles laid down in them and to read and interpret statutes using different aids.

 

Unit-2
Teaching Hours:12
INTRODUCTION TO READING AND UNDERSTANDING OF LEGAL TEXT
 

Components of a Judgement: Cause Title, Facts, Issues, Prayer and Arguments, Ratio Decidendi, Obiter Dicta; Important Concepts in relation to Case Laws: Different Kinds of opinions (dissenting and concurring opinion), Tests to determine the Ratio, Bench Strength and Implications, Overruling of judgments, Parts of a Statute

 

Learning Outcomes : On completion of this Unit students will be able to identify the different parts of a case and a statute.

On completion of this Unit, students will be able to read and analyse judgments in order to understand the principles laid down in them and to read and interpret statutes using different aids.

 

Unit-2
Teaching Hours:12
INTRODUCTION TO READING AND UNDERSTANDING OF LEGAL TEXT
 

Components of a Judgement: Cause Title, Facts, Issues, Prayer and Arguments, Ratio Decidendi, Obiter Dicta; Important Concepts in relation to Case Laws: Different Kinds of opinions (dissenting and concurring opinion), Tests to determine the Ratio, Bench Strength and Implications, Overruling of judgments, Parts of a Statute

 

Learning Outcomes : On completion of this Unit students will be able to identify the different parts of a case and a statute.

On completion of this Unit, students will be able to read and analyse judgments in order to understand the principles laid down in them and to read and interpret statutes using different aids.

 

Unit-2
Teaching Hours:12
INTRODUCTION TO READING AND UNDERSTANDING OF LEGAL TEXT
 

Components of a Judgement: Cause Title, Facts, Issues, Prayer and Arguments, Ratio Decidendi, Obiter Dicta; Important Concepts in relation to Case Laws: Different Kinds of opinions (dissenting and concurring opinion), Tests to determine the Ratio, Bench Strength and Implications, Overruling of judgments, Parts of a Statute

 

Learning Outcomes : On completion of this Unit students will be able to identify the different parts of a case and a statute.

On completion of this Unit, students will be able to read and analyse judgments in order to understand the principles laid down in them and to read and interpret statutes using different aids.

 

Unit-2
Teaching Hours:12
INTRODUCTION TO READING AND UNDERSTANDING OF LEGAL TEXT
 

Components of a Judgement: Cause Title, Facts, Issues, Prayer and Arguments, Ratio Decidendi, Obiter Dicta; Important Concepts in relation to Case Laws: Different Kinds of opinions (dissenting and concurring opinion), Tests to determine the Ratio, Bench Strength and Implications, Overruling of judgments, Parts of a Statute

 

Learning Outcomes : On completion of this Unit students will be able to identify the different parts of a case and a statute.

On completion of this Unit, students will be able to read and analyse judgments in order to understand the principles laid down in them and to read and interpret statutes using different aids.

 

Unit-2
Teaching Hours:12
INTRODUCTION TO READING AND UNDERSTANDING OF LEGAL TEXT
 

Components of a Judgement: Cause Title, Facts, Issues, Prayer and Arguments, Ratio Decidendi, Obiter Dicta; Important Concepts in relation to Case Laws: Different Kinds of opinions (dissenting and concurring opinion), Tests to determine the Ratio, Bench Strength and Implications, Overruling of judgments, Parts of a Statute

 

Learning Outcomes : On completion of this Unit students will be able to identify the different parts of a case and a statute.

On completion of this Unit, students will be able to read and analyse judgments in order to understand the principles laid down in them and to read and interpret statutes using different aids.

 

Unit-3
Teaching Hours:12
UNDERSTANDING STEPS TO JUDICIAL PROCESS
 

1.Steps to decision making and role of legislation, sociological developments, history and morality.

2. Cardozo’s opinion on Judicial Process

3. Reading of Landmark judgments and tracing the judicial process: India, US, UK

 

Learning Outcome: On completion of this Unit, students will be able to read, analyse and understand different legal materials, and to narrate the reasoning employed by judges in their judgements.

Unit-3
Teaching Hours:12
UNDERSTANDING STEPS TO JUDICIAL PROCESS
 

1.Steps to decision making and role of legislation, sociological developments, history and morality.

2. Cardozo’s opinion on Judicial Process

3. Reading of Landmark judgments and tracing the judicial process: India, US, UK

 

Learning Outcome: On completion of this Unit, students will be able to read, analyse and understand different legal materials, and to narrate the reasoning employed by judges in their judgements.

Unit-3
Teaching Hours:12
UNDERSTANDING STEPS TO JUDICIAL PROCESS
 

1.Steps to decision making and role of legislation, sociological developments, history and morality.

2. Cardozo’s opinion on Judicial Process

3. Reading of Landmark judgments and tracing the judicial process: India, US, UK

 

Learning Outcome: On completion of this Unit, students will be able to read, analyse and understand different legal materials, and to narrate the reasoning employed by judges in their judgements.

Unit-3
Teaching Hours:12
UNDERSTANDING STEPS TO JUDICIAL PROCESS
 

1.Steps to decision making and role of legislation, sociological developments, history and morality.

2. Cardozo’s opinion on Judicial Process

3. Reading of Landmark judgments and tracing the judicial process: India, US, UK

 

Learning Outcome: On completion of this Unit, students will be able to read, analyse and understand different legal materials, and to narrate the reasoning employed by judges in their judgements.

Unit-3
Teaching Hours:12
UNDERSTANDING STEPS TO JUDICIAL PROCESS
 

1.Steps to decision making and role of legislation, sociological developments, history and morality.

2. Cardozo’s opinion on Judicial Process

3. Reading of Landmark judgments and tracing the judicial process: India, US, UK

 

Learning Outcome: On completion of this Unit, students will be able to read, analyse and understand different legal materials, and to narrate the reasoning employed by judges in their judgements.

Unit-3
Teaching Hours:12
UNDERSTANDING STEPS TO JUDICIAL PROCESS
 

1.Steps to decision making and role of legislation, sociological developments, history and morality.

2. Cardozo’s opinion on Judicial Process

3. Reading of Landmark judgments and tracing the judicial process: India, US, UK

 

Learning Outcome: On completion of this Unit, students will be able to read, analyse and understand different legal materials, and to narrate the reasoning employed by judges in their judgements.

Unit-4
Teaching Hours:12
BASIC CONCEPTS OF INDIAN LEGAL SYSTEM
 

Constitution as the Basic Law; Judicial system in India; Hierarchy of Courts in India; Jurisdiction of Adjudicatory Institutions (Territorial, Pecuniary, Subject Matter); Alternative Dispute Resolution Methods

Learning Outcome:On completion of this Unit, students will be able to discuss the fundamental concepts underlying Indian law, and appreciate the working of the judicial system in India.

Unit-4
Teaching Hours:12
BASIC CONCEPTS OF INDIAN LEGAL SYSTEM
 

Constitution as the Basic Law; Judicial system in India; Hierarchy of Courts in India; Jurisdiction of Adjudicatory Institutions (Territorial, Pecuniary, Subject Matter); Alternative Dispute Resolution Methods

Learning Outcome:On completion of this Unit, students will be able to discuss the fundamental concepts underlying Indian law, and appreciate the working of the judicial system in India.

Unit-4
Teaching Hours:12
BASIC CONCEPTS OF INDIAN LEGAL SYSTEM
 

Constitution as the Basic Law; Judicial system in India; Hierarchy of Courts in India; Jurisdiction of Adjudicatory Institutions (Territorial, Pecuniary, Subject Matter); Alternative Dispute Resolution Methods

Learning Outcome:On completion of this Unit, students will be able to discuss the fundamental concepts underlying Indian law, and appreciate the working of the judicial system in India.

Unit-4
Teaching Hours:12
BASIC CONCEPTS OF INDIAN LEGAL SYSTEM
 

Constitution as the Basic Law; Judicial system in India; Hierarchy of Courts in India; Jurisdiction of Adjudicatory Institutions (Territorial, Pecuniary, Subject Matter); Alternative Dispute Resolution Methods

Learning Outcome:On completion of this Unit, students will be able to discuss the fundamental concepts underlying Indian law, and appreciate the working of the judicial system in India.

Unit-4
Teaching Hours:12
BASIC CONCEPTS OF INDIAN LEGAL SYSTEM
 

Constitution as the Basic Law; Judicial system in India; Hierarchy of Courts in India; Jurisdiction of Adjudicatory Institutions (Territorial, Pecuniary, Subject Matter); Alternative Dispute Resolution Methods

Learning Outcome:On completion of this Unit, students will be able to discuss the fundamental concepts underlying Indian law, and appreciate the working of the judicial system in India.

Unit-4
Teaching Hours:12
BASIC CONCEPTS OF INDIAN LEGAL SYSTEM
 

Constitution as the Basic Law; Judicial system in India; Hierarchy of Courts in India; Jurisdiction of Adjudicatory Institutions (Territorial, Pecuniary, Subject Matter); Alternative Dispute Resolution Methods

Learning Outcome:On completion of this Unit, students will be able to discuss the fundamental concepts underlying Indian law, and appreciate the working of the judicial system in India.

Unit-5
Teaching Hours:12
LAW, MOTION PICTURES AND LITERATURE
 

Reading and analysis of various landmark judgements in Constitutional Law, Criminal; Law and the Law of Torts; Contextualizing law through movies and literary texts

Learning Outcome: On completion of this Unit, students will be able to contexualise law through movies and literary texts.

Unit-5
Teaching Hours:12
LAW, MOTION PICTURES AND LITERATURE
 

Reading and analysis of various landmark judgements in Constitutional Law, Criminal; Law and the Law of Torts; Contextualizing law through movies and literary texts

Learning Outcome: On completion of this Unit, students will be able to contexualise law through movies and literary texts.

Unit-5
Teaching Hours:12
LAW, MOTION PICTURES AND LITERATURE
 

Reading and analysis of various landmark judgements in Constitutional Law, Criminal; Law and the Law of Torts; Contextualizing law through movies and literary texts

Learning Outcome: On completion of this Unit, students will be able to contexualise law through movies and literary texts.

Unit-5
Teaching Hours:12
LAW, MOTION PICTURES AND LITERATURE
 

Reading and analysis of various landmark judgements in Constitutional Law, Criminal; Law and the Law of Torts; Contextualizing law through movies and literary texts

Learning Outcome: On completion of this Unit, students will be able to contexualise law through movies and literary texts.

Unit-5
Teaching Hours:12
LAW, MOTION PICTURES AND LITERATURE
 

Reading and analysis of various landmark judgements in Constitutional Law, Criminal; Law and the Law of Torts; Contextualizing law through movies and literary texts

Learning Outcome: On completion of this Unit, students will be able to contexualise law through movies and literary texts.

Unit-5
Teaching Hours:12
LAW, MOTION PICTURES AND LITERATURE
 

Reading and analysis of various landmark judgements in Constitutional Law, Criminal; Law and the Law of Torts; Contextualizing law through movies and literary texts

Learning Outcome: On completion of this Unit, students will be able to contexualise law through movies and literary texts.

Text Books And Reference Books:

  1. A.V. Dicey, An introduction to the Study of the Law of Constitution, Universal Law Publishing Co., 10th ed. 4th Indian Reprint, 2003
  2. B S Hansai, A Critical Study of ADR System: Special Focus on Lok Adalat in India
  3. Benjamin Cardozo, Nature of Judicial Process, Universal Law Publishing Co., 9th Indian Reprint 2011
  4. Bodenheimer, Jurisprudence; , Universal Law Publishing Co., 7th Indian Reprint, 2011
  5. C K Takwani, Lectures on Administrative Law, 4th Edition, 2008, Eastern Book Company.
  6. David Ingram, Law-Key Concepts in Philosophy, Continuum International Publishing Group, 1st edn. 2006
  7. Friedmann, Law in a Changing Society, Universal Law Publishing Co. 4th Indian Reprint 2008
  8. H. Patrick Glenn, Legal Tradition of the World, Oxford University Press, 1st edn., 2000
Essential Reading / Recommended Reading
  1. A.V. Dicey, An introduction to the Study of the Law of Constitution, Universal Law Publishing Co., 10th ed. 4th Indian Reprint, 2003
  2. B S Hansai, A Critical Study of ADR System: Special Focus on Lok Adalat in India
  3. Benjamin Cardozo, Nature of Judicial Process, Universal Law Publishing Co., 9th Indian Reprint 2011
  4. Bodenheimer, Jurisprudence; , Universal Law Publishing Co., 7th Indian Reprint, 2011
  5. C K Takwani, Lectures on Administrative Law, 4th Edition, 2008, Eastern Book Company.
  6. David Ingram, Law-Key Concepts in Philosophy, Continuum International Publishing Group, 1st edn. 2006
  7. Friedmann, Law in a Changing Society, Universal Law Publishing Co. 4th Indian Reprint 2008
  8. G. W. Paton, A Textbook of Jurisprudence, Oxford University Press, 2007
  9. H. Patrick Glenn, Legal Tradition of the World, Oxford University Press, 1st edn., 2000
  10. Jacqueline M Nolan Haley, ADR in a Nutshell, 2nd Edition, 2001, West Group
Evaluation Pattern
  • CIA I – Class Test / Assignment / Presentation – 10%
  • CIA II – Mid Semester Examination                  – 25%
  • CIA III – Research Topic                                   – 10%
  • Attendance                                                         – 05%
  • End Semester Examination                                – 50%

 

                                                               TOTAL        100%

LAW156 - LAW OF TORT AND CONSUMER PROTECTION (2024 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

Course description: This course has been conceptualised to

  1. Introduce students to the law of torts and to the principles of tortuous liability and distinguishes torts from crimes and breaches of contract.
  2. Make the students know and understand various defences available to the defendant in a suit for torts.
  3. Introduce the students to the concept of locus standi and of disability and immunity.
  4. Acquaint the students with the circumstances under which one person may be liable for the wrongs done by another and with the concepts of employer and employee relationship and the concept of individual agency, as well as with the doctrine of sovereign immunity.

     5. Calculate the liability for violation of consumer rights.

 

Learning Outcome

CO1: Explain the principles of tortious liability and distinguish it from crime and other civil wrongs.

CO2: Demonstrate an understanding of intentional torts, negligence and strict liability.

CO3: Identify and explain the possible defences the defendant can opt for in a suit for damages.

CO4: Apply tort law principles to given tort law problems.

CO5: Critically analyze the tort law concepts and understand their applicability.

CO6: Explain the rights of consumers and state the remedies and the forums available to the consumer for redressal

Unit-1
Teaching Hours:10
INTRODUCTION TO TORTS
 

Principles of justice equity and good conscience – un-codified character-advantages and disadvantages; a wrongful act – violation of duty imposed by law, duty which is owed to people generally (in rem) – damnum sine injuria and injuria sine damno; Tort distinguished from crime and breach of contract; Changing scope of law of torts: Principles of Liability – Fault; Wrongful intent; Negligence; Liability without fault; Place of motive in torts.

 

Unit-1
Teaching Hours:10
INTRODUCTION TO TORTS
 

Principles of justice equity and good conscience – un-codified character-advantages and disadvantages; a wrongful act – violation of duty imposed by law, duty which is owed to people generally (in rem) – damnum sine injuria and injuria sine damno; Tort distinguished from crime and breach of contract; Changing scope of law of torts: Principles of Liability – Fault; Wrongful intent; Negligence; Liability without fault; Place of motive in torts.

 

Unit-1
Teaching Hours:10
INTRODUCTION TO TORTS
 

Principles of justice equity and good conscience – un-codified character-advantages and disadvantages; a wrongful act – violation of duty imposed by law, duty which is owed to people generally (in rem) – damnum sine injuria and injuria sine damno; Tort distinguished from crime and breach of contract; Changing scope of law of torts: Principles of Liability – Fault; Wrongful intent; Negligence; Liability without fault; Place of motive in torts.

 

Unit-1
Teaching Hours:10
INTRODUCTION TO TORTS
 

Principles of justice equity and good conscience – un-codified character-advantages and disadvantages; a wrongful act – violation of duty imposed by law, duty which is owed to people generally (in rem) – damnum sine injuria and injuria sine damno; Tort distinguished from crime and breach of contract; Changing scope of law of torts: Principles of Liability – Fault; Wrongful intent; Negligence; Liability without fault; Place of motive in torts.

 

Unit-1
Teaching Hours:10
INTRODUCTION TO TORTS
 

Principles of justice equity and good conscience – un-codified character-advantages and disadvantages; a wrongful act – violation of duty imposed by law, duty which is owed to people generally (in rem) – damnum sine injuria and injuria sine damno; Tort distinguished from crime and breach of contract; Changing scope of law of torts: Principles of Liability – Fault; Wrongful intent; Negligence; Liability without fault; Place of motive in torts.

 

Unit-1
Teaching Hours:10
INTRODUCTION TO TORTS
 

Principles of justice equity and good conscience – un-codified character-advantages and disadvantages; a wrongful act – violation of duty imposed by law, duty which is owed to people generally (in rem) – damnum sine injuria and injuria sine damno; Tort distinguished from crime and breach of contract; Changing scope of law of torts: Principles of Liability – Fault; Wrongful intent; Negligence; Liability without fault; Place of motive in torts.

 

Unit-2
Teaching Hours:12
STANDING, CAPACITY AND DEFENCES IN ACTIONS FOR TORTS
 

Justification – Volenti non fit injuria; Necessity, private and public; Plaintiffs default; Act of God; Inevitable accident; Private defense; Statutory authority; Judicial and quasi-judicial acts; Parental and quasi-parental authority. Who may sue – aggrieved individual – class action – social action group; Statutes granting standing to certain persons or groups, Who can be sued and who cannot be sued, Extinguishment of Liability in Certain Situation – Actio personalis moritur cum persona – exceptions; Waiver and acquiescence; Release; Accord and satisfaction; Limitation.

Unit-2
Teaching Hours:12
STANDING, CAPACITY AND DEFENCES IN ACTIONS FOR TORTS
 

Justification – Volenti non fit injuria; Necessity, private and public; Plaintiffs default; Act of God; Inevitable accident; Private defense; Statutory authority; Judicial and quasi-judicial acts; Parental and quasi-parental authority. Who may sue – aggrieved individual – class action – social action group; Statutes granting standing to certain persons or groups, Who can be sued and who cannot be sued, Extinguishment of Liability in Certain Situation – Actio personalis moritur cum persona – exceptions; Waiver and acquiescence; Release; Accord and satisfaction; Limitation.

Unit-2
Teaching Hours:12
STANDING, CAPACITY AND DEFENCES IN ACTIONS FOR TORTS
 

Justification – Volenti non fit injuria; Necessity, private and public; Plaintiffs default; Act of God; Inevitable accident; Private defense; Statutory authority; Judicial and quasi-judicial acts; Parental and quasi-parental authority. Who may sue – aggrieved individual – class action – social action group; Statutes granting standing to certain persons or groups, Who can be sued and who cannot be sued, Extinguishment of Liability in Certain Situation – Actio personalis moritur cum persona – exceptions; Waiver and acquiescence; Release; Accord and satisfaction; Limitation.

Unit-2
Teaching Hours:12
STANDING, CAPACITY AND DEFENCES IN ACTIONS FOR TORTS
 

Justification – Volenti non fit injuria; Necessity, private and public; Plaintiffs default; Act of God; Inevitable accident; Private defense; Statutory authority; Judicial and quasi-judicial acts; Parental and quasi-parental authority. Who may sue – aggrieved individual – class action – social action group; Statutes granting standing to certain persons or groups, Who can be sued and who cannot be sued, Extinguishment of Liability in Certain Situation – Actio personalis moritur cum persona – exceptions; Waiver and acquiescence; Release; Accord and satisfaction; Limitation.

Unit-2
Teaching Hours:12
STANDING, CAPACITY AND DEFENCES IN ACTIONS FOR TORTS
 

Justification – Volenti non fit injuria; Necessity, private and public; Plaintiffs default; Act of God; Inevitable accident; Private defense; Statutory authority; Judicial and quasi-judicial acts; Parental and quasi-parental authority. Who may sue – aggrieved individual – class action – social action group; Statutes granting standing to certain persons or groups, Who can be sued and who cannot be sued, Extinguishment of Liability in Certain Situation – Actio personalis moritur cum persona – exceptions; Waiver and acquiescence; Release; Accord and satisfaction; Limitation.

Unit-2
Teaching Hours:12
STANDING, CAPACITY AND DEFENCES IN ACTIONS FOR TORTS
 

Justification – Volenti non fit injuria; Necessity, private and public; Plaintiffs default; Act of God; Inevitable accident; Private defense; Statutory authority; Judicial and quasi-judicial acts; Parental and quasi-parental authority. Who may sue – aggrieved individual – class action – social action group; Statutes granting standing to certain persons or groups, Who can be sued and who cannot be sued, Extinguishment of Liability in Certain Situation – Actio personalis moritur cum persona – exceptions; Waiver and acquiescence; Release; Accord and satisfaction; Limitation.

Unit-3
Teaching Hours:12
VICARIOUS LIABILITY, STRICT LIABILITY, ABSOLUTE LIABILITY AND LABILITY ARISING OUT OF NEGLIGENCE
 

Basis, scope and justification; Express authorization; Ratification; Abetment; Special Relationships: Master and servant – arising out of and in the course of employment – who is master? – the control test – who is servant? – borrowed servant – independent contractor and servant, distinguished; Principal and agent; Corporation and principal officer. Doctrine of Sovereign Immunity, the rule in Rylands v. Fletcher, Liability for harm caused by inherently dangerous industries. Development of Law beyond Strict Liability Absolute Liability M. C. Mehta vs. UoI. Basic concepts and theories of negligence, Standards of care, duty to take care, carelessness, inadvertence, Doctrine of contributory negligence, Res ipsa loquitor and its importance in contemporary law; Liability due to negligence: different professionals; Liability of common carriers for negligence; Product liability due to negligence: liability of manufacturers and business houses for their products, Nervous shock, Consumer protection principles and regulatory framework, disputes redressal

 

Unit-3
Teaching Hours:12
VICARIOUS LIABILITY, STRICT LIABILITY, ABSOLUTE LIABILITY AND LABILITY ARISING OUT OF NEGLIGENCE
 

Basis, scope and justification; Express authorization; Ratification; Abetment; Special Relationships: Master and servant – arising out of and in the course of employment – who is master? – the control test – who is servant? – borrowed servant – independent contractor and servant, distinguished; Principal and agent; Corporation and principal officer. Doctrine of Sovereign Immunity, the rule in Rylands v. Fletcher, Liability for harm caused by inherently dangerous industries. Development of Law beyond Strict Liability Absolute Liability M. C. Mehta vs. UoI. Basic concepts and theories of negligence, Standards of care, duty to take care, carelessness, inadvertence, Doctrine of contributory negligence, Res ipsa loquitor and its importance in contemporary law; Liability due to negligence: different professionals; Liability of common carriers for negligence; Product liability due to negligence: liability of manufacturers and business houses for their products, Nervous shock, Consumer protection principles and regulatory framework, disputes redressal

 

Unit-3
Teaching Hours:12
VICARIOUS LIABILITY, STRICT LIABILITY, ABSOLUTE LIABILITY AND LABILITY ARISING OUT OF NEGLIGENCE
 

Basis, scope and justification; Express authorization; Ratification; Abetment; Special Relationships: Master and servant – arising out of and in the course of employment – who is master? – the control test – who is servant? – borrowed servant – independent contractor and servant, distinguished; Principal and agent; Corporation and principal officer. Doctrine of Sovereign Immunity, the rule in Rylands v. Fletcher, Liability for harm caused by inherently dangerous industries. Development of Law beyond Strict Liability Absolute Liability M. C. Mehta vs. UoI. Basic concepts and theories of negligence, Standards of care, duty to take care, carelessness, inadvertence, Doctrine of contributory negligence, Res ipsa loquitor and its importance in contemporary law; Liability due to negligence: different professionals; Liability of common carriers for negligence; Product liability due to negligence: liability of manufacturers and business houses for their products, Nervous shock, Consumer protection principles and regulatory framework, disputes redressal

 

Unit-3
Teaching Hours:12
VICARIOUS LIABILITY, STRICT LIABILITY, ABSOLUTE LIABILITY AND LABILITY ARISING OUT OF NEGLIGENCE
 

Basis, scope and justification; Express authorization; Ratification; Abetment; Special Relationships: Master and servant – arising out of and in the course of employment – who is master? – the control test – who is servant? – borrowed servant – independent contractor and servant, distinguished; Principal and agent; Corporation and principal officer. Doctrine of Sovereign Immunity, the rule in Rylands v. Fletcher, Liability for harm caused by inherently dangerous industries. Development of Law beyond Strict Liability Absolute Liability M. C. Mehta vs. UoI. Basic concepts and theories of negligence, Standards of care, duty to take care, carelessness, inadvertence, Doctrine of contributory negligence, Res ipsa loquitor and its importance in contemporary law; Liability due to negligence: different professionals; Liability of common carriers for negligence; Product liability due to negligence: liability of manufacturers and business houses for their products, Nervous shock, Consumer protection principles and regulatory framework, disputes redressal

 

Unit-3
Teaching Hours:12
VICARIOUS LIABILITY, STRICT LIABILITY, ABSOLUTE LIABILITY AND LABILITY ARISING OUT OF NEGLIGENCE
 

Basis, scope and justification; Express authorization; Ratification; Abetment; Special Relationships: Master and servant – arising out of and in the course of employment – who is master? – the control test – who is servant? – borrowed servant – independent contractor and servant, distinguished; Principal and agent; Corporation and principal officer. Doctrine of Sovereign Immunity, the rule in Rylands v. Fletcher, Liability for harm caused by inherently dangerous industries. Development of Law beyond Strict Liability Absolute Liability M. C. Mehta vs. UoI. Basic concepts and theories of negligence, Standards of care, duty to take care, carelessness, inadvertence, Doctrine of contributory negligence, Res ipsa loquitor and its importance in contemporary law; Liability due to negligence: different professionals; Liability of common carriers for negligence; Product liability due to negligence: liability of manufacturers and business houses for their products, Nervous shock, Consumer protection principles and regulatory framework, disputes redressal

 

Unit-3
Teaching Hours:12
VICARIOUS LIABILITY, STRICT LIABILITY, ABSOLUTE LIABILITY AND LABILITY ARISING OUT OF NEGLIGENCE
 

Basis, scope and justification; Express authorization; Ratification; Abetment; Special Relationships: Master and servant – arising out of and in the course of employment – who is master? – the control test – who is servant? – borrowed servant – independent contractor and servant, distinguished; Principal and agent; Corporation and principal officer. Doctrine of Sovereign Immunity, the rule in Rylands v. Fletcher, Liability for harm caused by inherently dangerous industries. Development of Law beyond Strict Liability Absolute Liability M. C. Mehta vs. UoI. Basic concepts and theories of negligence, Standards of care, duty to take care, carelessness, inadvertence, Doctrine of contributory negligence, Res ipsa loquitor and its importance in contemporary law; Liability due to negligence: different professionals; Liability of common carriers for negligence; Product liability due to negligence: liability of manufacturers and business houses for their products, Nervous shock, Consumer protection principles and regulatory framework, disputes redressal

 

Unit-4
Teaching Hours:13
TORTS AGAINST PERSONS AND PERSONAL RELATIONS AND WRONGS AFFECTING PROPERTY
 

Assault, battery, False imprisonment; Defamation – libel, slander including law relating to privileges E-defamation; Marital relations, parental relations, master and servant relations; Malicious prosecution; Trespass to Land, Trespass ab initio, Dispossession; Nuisance: Definition, Essentials and Types; Acts Which Constitute Nuisance – Obstructions of Highways, Pollution of Air, Water, Noise, and Interference with Light and Air. Movable Property – Trespass to Goods, Detinue, Conversion; Torts Against Business Interests – Injurious Falsehood, Misstatements, Passing off.

Unit-4
Teaching Hours:13
TORTS AGAINST PERSONS AND PERSONAL RELATIONS AND WRONGS AFFECTING PROPERTY
 

Assault, battery, False imprisonment; Defamation – libel, slander including law relating to privileges E-defamation; Marital relations, parental relations, master and servant relations; Malicious prosecution; Trespass to Land, Trespass ab initio, Dispossession; Nuisance: Definition, Essentials and Types; Acts Which Constitute Nuisance – Obstructions of Highways, Pollution of Air, Water, Noise, and Interference with Light and Air. Movable Property – Trespass to Goods, Detinue, Conversion; Torts Against Business Interests – Injurious Falsehood, Misstatements, Passing off.

Unit-4
Teaching Hours:13
TORTS AGAINST PERSONS AND PERSONAL RELATIONS AND WRONGS AFFECTING PROPERTY
 

Assault, battery, False imprisonment; Defamation – libel, slander including law relating to privileges E-defamation; Marital relations, parental relations, master and servant relations; Malicious prosecution; Trespass to Land, Trespass ab initio, Dispossession; Nuisance: Definition, Essentials and Types; Acts Which Constitute Nuisance – Obstructions of Highways, Pollution of Air, Water, Noise, and Interference with Light and Air. Movable Property – Trespass to Goods, Detinue, Conversion; Torts Against Business Interests – Injurious Falsehood, Misstatements, Passing off.

Unit-4
Teaching Hours:13
TORTS AGAINST PERSONS AND PERSONAL RELATIONS AND WRONGS AFFECTING PROPERTY
 

Assault, battery, False imprisonment; Defamation – libel, slander including law relating to privileges E-defamation; Marital relations, parental relations, master and servant relations; Malicious prosecution; Trespass to Land, Trespass ab initio, Dispossession; Nuisance: Definition, Essentials and Types; Acts Which Constitute Nuisance – Obstructions of Highways, Pollution of Air, Water, Noise, and Interference with Light and Air. Movable Property – Trespass to Goods, Detinue, Conversion; Torts Against Business Interests – Injurious Falsehood, Misstatements, Passing off.

Unit-4
Teaching Hours:13
TORTS AGAINST PERSONS AND PERSONAL RELATIONS AND WRONGS AFFECTING PROPERTY
 

Assault, battery, False imprisonment; Defamation – libel, slander including law relating to privileges E-defamation; Marital relations, parental relations, master and servant relations; Malicious prosecution; Trespass to Land, Trespass ab initio, Dispossession; Nuisance: Definition, Essentials and Types; Acts Which Constitute Nuisance – Obstructions of Highways, Pollution of Air, Water, Noise, and Interference with Light and Air. Movable Property – Trespass to Goods, Detinue, Conversion; Torts Against Business Interests – Injurious Falsehood, Misstatements, Passing off.

Unit-4
Teaching Hours:13
TORTS AGAINST PERSONS AND PERSONAL RELATIONS AND WRONGS AFFECTING PROPERTY
 

Assault, battery, False imprisonment; Defamation – libel, slander including law relating to privileges E-defamation; Marital relations, parental relations, master and servant relations; Malicious prosecution; Trespass to Land, Trespass ab initio, Dispossession; Nuisance: Definition, Essentials and Types; Acts Which Constitute Nuisance – Obstructions of Highways, Pollution of Air, Water, Noise, and Interference with Light and Air. Movable Property – Trespass to Goods, Detinue, Conversion; Torts Against Business Interests – Injurious Falsehood, Misstatements, Passing off.

Unit-5
Teaching Hours:10
LEGAL REMEDIES
 

Legal remedies, Award of damages – simple, special, punitive. Unliquidated Damages –Remoteness of damage-foreseeability and directness, Shortened Expectation of Life, Injunction, Specific restitution of property; Extra-legal remedies- self-help, re-entry on land, re-caption of goods, distress damage feasant and abatement of nuisance.

 

Unit-5
Teaching Hours:10
LEGAL REMEDIES
 

Legal remedies, Award of damages – simple, special, punitive. Unliquidated Damages –Remoteness of damage-foreseeability and directness, Shortened Expectation of Life, Injunction, Specific restitution of property; Extra-legal remedies- self-help, re-entry on land, re-caption of goods, distress damage feasant and abatement of nuisance.

 

Unit-5
Teaching Hours:10
LEGAL REMEDIES
 

Legal remedies, Award of damages – simple, special, punitive. Unliquidated Damages –Remoteness of damage-foreseeability and directness, Shortened Expectation of Life, Injunction, Specific restitution of property; Extra-legal remedies- self-help, re-entry on land, re-caption of goods, distress damage feasant and abatement of nuisance.

 

Unit-5
Teaching Hours:10
LEGAL REMEDIES
 

Legal remedies, Award of damages – simple, special, punitive. Unliquidated Damages –Remoteness of damage-foreseeability and directness, Shortened Expectation of Life, Injunction, Specific restitution of property; Extra-legal remedies- self-help, re-entry on land, re-caption of goods, distress damage feasant and abatement of nuisance.

 

Unit-5
Teaching Hours:10
LEGAL REMEDIES
 

Legal remedies, Award of damages – simple, special, punitive. Unliquidated Damages –Remoteness of damage-foreseeability and directness, Shortened Expectation of Life, Injunction, Specific restitution of property; Extra-legal remedies- self-help, re-entry on land, re-caption of goods, distress damage feasant and abatement of nuisance.

 

Unit-5
Teaching Hours:10
LEGAL REMEDIES
 

Legal remedies, Award of damages – simple, special, punitive. Unliquidated Damages –Remoteness of damage-foreseeability and directness, Shortened Expectation of Life, Injunction, Specific restitution of property; Extra-legal remedies- self-help, re-entry on land, re-caption of goods, distress damage feasant and abatement of nuisance.

 

Unit-6
Teaching Hours:3
LAW OF CONSUMER PROTECTION
 

Development of consumer law and policy, Caveat emptor to caveat venditor, UN Guidelines on consumer protection, Consumer Protection Laws in India, Consumer Protection Act, 2019 – Objectives, Meaning of consumer, Deficiency in goods and services, Unfair trade practices, product liability, rights of consumer, Mediation Cell, Central Consumer Protection Authority, Consumer Councils, E-Commerce Transactions, Grounds of filing a complaint, Class action, Jurisdiction, violation of rights of consumers, product liability, Limitation and Procedure for filing and hearing of a complaint, District Commission, State commission, National commission, Composition of Commissions, reference to mediation cell, Consumer Law Board, Appeals, Offences and penalties.

Unit-6
Teaching Hours:3
LAW OF CONSUMER PROTECTION
 

Development of consumer law and policy, Caveat emptor to caveat venditor, UN Guidelines on consumer protection, Consumer Protection Laws in India, Consumer Protection Act, 2019 – Objectives, Meaning of consumer, Deficiency in goods and services, Unfair trade practices, product liability, rights of consumer, Mediation Cell, Central Consumer Protection Authority, Consumer Councils, E-Commerce Transactions, Grounds of filing a complaint, Class action, Jurisdiction, violation of rights of consumers, product liability, Limitation and Procedure for filing and hearing of a complaint, District Commission, State commission, National commission, Composition of Commissions, reference to mediation cell, Consumer Law Board, Appeals, Offences and penalties.

Unit-6
Teaching Hours:3
LAW OF CONSUMER PROTECTION
 

Development of consumer law and policy, Caveat emptor to caveat venditor, UN Guidelines on consumer protection, Consumer Protection Laws in India, Consumer Protection Act, 2019 – Objectives, Meaning of consumer, Deficiency in goods and services, Unfair trade practices, product liability, rights of consumer, Mediation Cell, Central Consumer Protection Authority, Consumer Councils, E-Commerce Transactions, Grounds of filing a complaint, Class action, Jurisdiction, violation of rights of consumers, product liability, Limitation and Procedure for filing and hearing of a complaint, District Commission, State commission, National commission, Composition of Commissions, reference to mediation cell, Consumer Law Board, Appeals, Offences and penalties.

Unit-6
Teaching Hours:3
LAW OF CONSUMER PROTECTION
 

Development of consumer law and policy, Caveat emptor to caveat venditor, UN Guidelines on consumer protection, Consumer Protection Laws in India, Consumer Protection Act, 2019 – Objectives, Meaning of consumer, Deficiency in goods and services, Unfair trade practices, product liability, rights of consumer, Mediation Cell, Central Consumer Protection Authority, Consumer Councils, E-Commerce Transactions, Grounds of filing a complaint, Class action, Jurisdiction, violation of rights of consumers, product liability, Limitation and Procedure for filing and hearing of a complaint, District Commission, State commission, National commission, Composition of Commissions, reference to mediation cell, Consumer Law Board, Appeals, Offences and penalties.

Unit-6
Teaching Hours:3
LAW OF CONSUMER PROTECTION
 

Development of consumer law and policy, Caveat emptor to caveat venditor, UN Guidelines on consumer protection, Consumer Protection Laws in India, Consumer Protection Act, 2019 – Objectives, Meaning of consumer, Deficiency in goods and services, Unfair trade practices, product liability, rights of consumer, Mediation Cell, Central Consumer Protection Authority, Consumer Councils, E-Commerce Transactions, Grounds of filing a complaint, Class action, Jurisdiction, violation of rights of consumers, product liability, Limitation and Procedure for filing and hearing of a complaint, District Commission, State commission, National commission, Composition of Commissions, reference to mediation cell, Consumer Law Board, Appeals, Offences and penalties.

Unit-6
Teaching Hours:3
LAW OF CONSUMER PROTECTION
 

Development of consumer law and policy, Caveat emptor to caveat venditor, UN Guidelines on consumer protection, Consumer Protection Laws in India, Consumer Protection Act, 2019 – Objectives, Meaning of consumer, Deficiency in goods and services, Unfair trade practices, product liability, rights of consumer, Mediation Cell, Central Consumer Protection Authority, Consumer Councils, E-Commerce Transactions, Grounds of filing a complaint, Class action, Jurisdiction, violation of rights of consumers, product liability, Limitation and Procedure for filing and hearing of a complaint, District Commission, State commission, National commission, Composition of Commissions, reference to mediation cell, Consumer Law Board, Appeals, Offences and penalties.

Text Books And Reference Books:
  1. Justice S N Aggarwal, Supreme Court on Consumer Protection Act, Universal Law Publishing Co., 2013.
  2. Wadhwa, Justice D. P. (ed). The Law of Consumer Protection. New Delhi: Wadhwa and Company Nagpur, 2006.
  3. Nayak, Rajendra Kumar. Consumer Protection Law in India: An Eco-legal Treatise on Consumer Justice. Bombay: N. M/ Tripathi Pvt Ltd., 1991.
  4. Sheth, Dilip K. Treatise on Consumer Protection Law (Law & Practice). Mumbai: Snow White, 2003.
  5. Agarwal, Dr V. K. Bharat’s Consumer Protection (Law & Practice) 6 th ed. New Delhi: B. L. H. Publishers and Distributors Pvt. Ltd., 2008.
  6. Singh, Avtar. Law of Consumer Protection (Principles & Practice) 4 th ed. Lucknow: Eastern Book Co., 2005.
  7. Singh, Guru Prasanna. Ratanlal & Dhirajlal’s  Law of Torts, 26 h ed. New Delhi: Wadhwa & Co, 2013.
  8. Jones, Michael A. Text book on Torts. New Delhi: Lawman. 1995.
  9. Lakshminath, A. and Sridhar M. Ramaswamy lyer’s  Law of Torts, 10 th ed. New Delhi: Lexisnexis, 2007.
  10. Weir, Tony. Introduction to Tort Law, 2 nd ed. New York: Oxford University Press, 2006.
  11. Pillai, P. S. A. Law of Tort. 9 th ed. Lucknow: Eastern Book-Co., 2004.
  12. Dugdale, Anthony, ed. Clerk & Lindsell on Torts, 19 th ed. London: Sweet & Maxwell, 2006.
Essential Reading / Recommended Reading
  1. Lakshminath, A. and Sridhar M. Ramaswamy lyer’s  Law of Torts, 10 th ed. New Delhi: Lexisnexis, 2007.
  2. Weir, Tony. Introduction to Tort Law, 2 nd ed. New York: Oxford University Press, 2006.
  3. Pillai, P. S. A. Law of Tort. 9 th ed. Lucknow: Eastern Book-Co., 2004.
  4. Dugdale, Anthony, ed. Clerk & Lindsell on Torts, 19 th ed. London: Sweet & Maxwell, 2006.
  5. Singh, Avtar. Law of Consumer Protection (Principles & Practice) 4 th ed. Lucknow: Eastern Book Co., 2005.
Evaluation Pattern

CIA I- 20 marks - 10%

CIA II - Mid Semester Examination - 25%

CIA III – 20 marks - 10%  

Attendance - 05%

End semester examination – 100 marks - 50%

LAW221 - HUMAN RESOURCE MANAGEMENT (2024 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:4
Max Marks:100
Credits:4

Course Objectives/Course Description

 

Course Description:- Human Resource Management provides an overview of the HR function covering the entire gamut of operations related to employee life cycle management. The course focuses on providing the basic understanding of HR processes and practices followed in a business organisation. A special reference is made to address the ethical and legal issues involved.

Course Objectives

 

  • To familiarize with the fundamental philosophy of having a quality HR department in the organization.

  • To understand the processes and practices in HR functions

  • To analyse legal implications with regard to Human resource management

  • To enable the students to apply the appropriate HR Practices in different business scenarios

Learning Outcome

CO1: To familiarize with the fundamental philosophy of having a quality HR department in the organization.

CO2: To understand the processes and practices in HR functions

CO3: To analyze legal implications with regard to Human resource management

CO4: To enable the students to apply the appropriate HR Practices in different business scenarios.

UNIT 1
Teaching Hours:8
Introduction: Human Resources Management
 

Nature of HRM, scope of HRM, evolution of HRM, HRM model, personnel polices and principles- Context of human resources management, HRM and environment scanning, integrating HRM strategy with business strategy, nature of strategic HRM

 

UNIT 1
Teaching Hours:8
Introduction: Human Resources Management
 

Nature of HRM, scope of HRM, evolution of HRM, HRM model, personnel polices and principles- Context of human resources management, HRM and environment scanning, integrating HRM strategy with business strategy, nature of strategic HRM

 

UNIT 1
Teaching Hours:8
Introduction: Human Resources Management
 

Nature of HRM, scope of HRM, evolution of HRM, HRM model, personnel polices and principles- Context of human resources management, HRM and environment scanning, integrating HRM strategy with business strategy, nature of strategic HRM

 

UNIT 2
Teaching Hours:8
Job Analysis
 

Nature and importance of HRP, Factors affecting HRP-Human resources planning and government, barriers of HRP; Analyzing work and designing jobs- nature of job analysis, process of job analysis, job analysis and competitive advantage, job design.

 

UNIT 2
Teaching Hours:8
Job Analysis
 

Nature and importance of HRP, Factors affecting HRP-Human resources planning and government, barriers of HRP; Analyzing work and designing jobs- nature of job analysis, process of job analysis, job analysis and competitive advantage, job design.

 

UNIT 2
Teaching Hours:8
Job Analysis
 

Nature and importance of HRP, Factors affecting HRP-Human resources planning and government, barriers of HRP; Analyzing work and designing jobs- nature of job analysis, process of job analysis, job analysis and competitive advantage, job design.

 

UNIT 3
Teaching Hours:8
RECRUITMENT, SELECTION AND INDUCTION
 

Nature and factors affecting recruitment, purpose and importance, planning recruitment process, searching, screening, evaluation and control, Nature of selection, selection as a source of competitive advantage, barriers to selection, Induction, orientation programme, requisites of an effective programme, evaluation of orientation programme, problems of orientation.

UNIT 3
Teaching Hours:8
RECRUITMENT, SELECTION AND INDUCTION
 

Nature and factors affecting recruitment, purpose and importance, planning recruitment process, searching, screening, evaluation and control, Nature of selection, selection as a source of competitive advantage, barriers to selection, Induction, orientation programme, requisites of an effective programme, evaluation of orientation programme, problems of orientation.

UNIT 3
Teaching Hours:8
RECRUITMENT, SELECTION AND INDUCTION
 

Nature and factors affecting recruitment, purpose and importance, planning recruitment process, searching, screening, evaluation and control, Nature of selection, selection as a source of competitive advantage, barriers to selection, Induction, orientation programme, requisites of an effective programme, evaluation of orientation programme, problems of orientation.

UNIT 4
Teaching Hours:15
TRAINING, DEVELOPMENT AND CAREER MANAGEMENT
 

Nature of training and development, inputs and gaps in training, training process, planning training process, career development; Appraising and managing performance – appraisal process, challenges of performance appraisal, job evaluation, legal issues, 360 degree appraisal.

UNIT 4
Teaching Hours:15
TRAINING, DEVELOPMENT AND CAREER MANAGEMENT
 

Nature of training and development, inputs and gaps in training, training process, planning training process, career development; Appraising and managing performance – appraisal process, challenges of performance appraisal, job evaluation, legal issues, 360 degree appraisal.

UNIT 4
Teaching Hours:15
TRAINING, DEVELOPMENT AND CAREER MANAGEMENT
 

Nature of training and development, inputs and gaps in training, training process, planning training process, career development; Appraising and managing performance – appraisal process, challenges of performance appraisal, job evaluation, legal issues, 360 degree appraisal.

UNIT 5
Teaching Hours:8
MANAGING BASIC REMUNERATION
 

Components of remuneration, devising remuneration policy, – incentive payments, scope of incentive schemes, types of incentives, group incentives, Managing employee benefits and services, recruiting executives

UNIT 5
Teaching Hours:8
MANAGING BASIC REMUNERATION
 

Components of remuneration, devising remuneration policy, – incentive payments, scope of incentive schemes, types of incentives, group incentives, Managing employee benefits and services, recruiting executives

UNIT 5
Teaching Hours:8
MANAGING BASIC REMUNERATION
 

Components of remuneration, devising remuneration policy, – incentive payments, scope of incentive schemes, types of incentives, group incentives, Managing employee benefits and services, recruiting executives

UNIT 6
Teaching Hours:6
MANAGING BETTERMENT WORK
 

Safe and healthy environment, managing separation and rightsizing, downsizing, managing attrition.

UNIT 6
Teaching Hours:6
MANAGING BETTERMENT WORK
 

Safe and healthy environment, managing separation and rightsizing, downsizing, managing attrition.

UNIT 6
Teaching Hours:6
MANAGING BETTERMENT WORK
 

Safe and healthy environment, managing separation and rightsizing, downsizing, managing attrition.

UNIT 7
Teaching Hours:7
MANAGING ETHICAL ISSUES IN HRM
 

Contemporary issues in HRM, Ethical Issues  in HRM, E-HRM, Introduction to International HRM

UNIT 7
Teaching Hours:7
MANAGING ETHICAL ISSUES IN HRM
 

Contemporary issues in HRM, Ethical Issues  in HRM, E-HRM, Introduction to International HRM

UNIT 7
Teaching Hours:7
MANAGING ETHICAL ISSUES IN HRM
 

Contemporary issues in HRM, Ethical Issues  in HRM, E-HRM, Introduction to International HRM

Text Books And Reference Books:

K. Aswathappa (2017), Human Resource Management: Text and Cases, 8th   edition, Tata Mc Graw Hill.

Essential Reading / Recommended Reading
  • Rao, P.Subba (2016). Personnel and Human Resource Management: Text & Cases 5th Edition Mumbai: Himalaya Publishing Houses Private Limited.

  • Dessler, Gary (2015), Human Resource Management, 14th edition, Prentice Hall

  • Susan Verhulst and David A Decenzo (2018) , Fundamentals of Human Resource Management, 13th edition, Wiley. 

  • Armstrong, Michael (2017), Armstrong’sHandbook of HRM practice, 14th edition, Kogan page.

  • Snell, Morris, Bohlander (2016), Managing Human Resource, 17th Edition, Cengage Learning.
Evaluation Pattern

Course Assessment Methods:

The course assessment will be in the form of CIA-I, CIA-II, CIA-III and End semester exams. One of the CIA assignments will be a Google Classroom / Moodle assignment. Both individual and group assignments as a part of CIA will be assigned and conducted. One CIA will be conducted through Google Classroom and the other CIA will be conducted in the class itself on the specified dates. The CIA marks allocation is mentioned below:

 

Sl No.

Components

Marks

1

CIA-I

 

20 ( 10% weightage)

2

CIA II MID-SEMESTER 

50 (25 % weightage)

3

CIA-III

20 ( 10% weightage)

4

ATTENDANCE

05 

5

END-SEMESTER 

100 (50 % weightage)

LAW222 - FINANCIAL MANAGEMENT (2024 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:4
Max Marks:100
Credits:4

Course Objectives/Course Description

 

This course focuses on Finance functions, analysis of  inancial Statments emphasizing the financial aspects of managerial decisions.

Course Objective:

·     To give understanding and perspective on the finance function in the company and its relation to domestic economy.

·     To develop the knowledge on the type and characteristics of problems and the possibility of the occurrence of the financial management problems and to increase the ability to handle the problems through reliable approach and problem solving strategy development.

Learning Outcome

CO1: Identify the different dimensions of finance functions and financial statement analysis tools.

CO2: Understand the various methods of evaluating a long-term project using capital budgeting techniques.

CO3: Apply the concept of cost of capital and leverage analysis to decide on optimum capital structure.

CO4: Evaluate the working capital needs and financing of the firm and apply methods to measure the operating efficiency of the business

CO5: Examine the different factors affecting dividend policy decisions.

Unit-1
Teaching Hours:5
Introduction to Financial Management.
 

Definition of Finance, Approaches to Finance, Objectives of Financial Management Role of a Finance Manager.

Unit-1
Teaching Hours:5
Introduction to Financial Management.
 

Definition of Finance, Approaches to Finance, Objectives of Financial Management Role of a Finance Manager.

Unit-1
Teaching Hours:5
Introduction to Financial Management.
 

Definition of Finance, Approaches to Finance, Objectives of Financial Management Role of a Finance Manager.

Unit-1
Teaching Hours:5
Introduction to Financial Management.
 

Definition of Finance, Approaches to Finance, Objectives of Financial Management Role of a Finance Manager.

Unit-2
Teaching Hours:10
Financial Statement analysis
 

Need for financial statement analysis Comparative, Common Size Income Statement , Comparative, Common Size Balance Sheet  and Trend analysis.

Unit-2
Teaching Hours:10
Financial Statement analysis
 

Need for financial statement analysis Comparative, Common Size Income Statement , Comparative, Common Size Balance Sheet  and Trend analysis.

Unit-2
Teaching Hours:10
Financial Statement analysis
 

Need for financial statement analysis Comparative, Common Size Income Statement , Comparative, Common Size Balance Sheet  and Trend analysis.

Unit-2
Teaching Hours:10
Financial Statement analysis
 

Need for financial statement analysis Comparative, Common Size Income Statement , Comparative, Common Size Balance Sheet  and Trend analysis.

Unit-3
Teaching Hours:10
Sources of Finance & Cash Flow Statement
 

Short Term / Medium Term / Long term. Cash  Flow statement – Cash from Investing / Operating / Financing activities.  

Unit-3
Teaching Hours:10
Sources of Finance & Cash Flow Statement
 

Short Term / Medium Term / Long term. Cash  Flow statement – Cash from Investing / Operating / Financing activities.  

Unit-3
Teaching Hours:10
Sources of Finance & Cash Flow Statement
 

Short Term / Medium Term / Long term. Cash  Flow statement – Cash from Investing / Operating / Financing activities.  

Unit-3
Teaching Hours:10
Sources of Finance & Cash Flow Statement
 

Short Term / Medium Term / Long term. Cash  Flow statement – Cash from Investing / Operating / Financing activities.  

Unit-4
Teaching Hours:10
Capital structure & Capitalization:
 

Features and Determinants  of Capital Structure. Leverages : Financial, Operating and Combined leverages. EBIT, EBT, EPS and PAT . Problems in in EPS. Meaning of Over / Under Capitalization &Causes, Demerits and Remedies.

Unit-4
Teaching Hours:10
Capital structure & Capitalization:
 

Features and Determinants  of Capital Structure. Leverages : Financial, Operating and Combined leverages. EBIT, EBT, EPS and PAT . Problems in in EPS. Meaning of Over / Under Capitalization &Causes, Demerits and Remedies.

Unit-4
Teaching Hours:10
Capital structure & Capitalization:
 

Features and Determinants  of Capital Structure. Leverages : Financial, Operating and Combined leverages. EBIT, EBT, EPS and PAT . Problems in in EPS. Meaning of Over / Under Capitalization &Causes, Demerits and Remedies.

Unit-4
Teaching Hours:10
Capital structure & Capitalization:
 

Features and Determinants  of Capital Structure. Leverages : Financial, Operating and Combined leverages. EBIT, EBT, EPS and PAT . Problems in in EPS. Meaning of Over / Under Capitalization &Causes, Demerits and Remedies.

Unit-5
Teaching Hours:4
Capital Budgeting
 

Pay Back Period, Net Present Value, Internal Rate of Return, Profitability Index. 

Unit-5
Teaching Hours:4
Capital Budgeting
 

Pay Back Period, Net Present Value, Internal Rate of Return, Profitability Index. 

Unit-5
Teaching Hours:4
Capital Budgeting
 

Pay Back Period, Net Present Value, Internal Rate of Return, Profitability Index. 

Unit-5
Teaching Hours:4
Capital Budgeting
 

Pay Back Period, Net Present Value, Internal Rate of Return, Profitability Index. 

Unit-6
Teaching Hours:10
Working Capital Management, Cash Management and Dividend
 

 Introduction-Kinds of WC-Features of WC-Factors influencing WC -Problem in WCCalculation of Working capital requirements. Nature of cash, Motives of holding Cash  and Cash Budgets. Decisions:Dividend Policy - Determinants of Dividend Policy- Goals in Dividend policy 

Unit-6
Teaching Hours:10
Working Capital Management, Cash Management and Dividend
 

 Introduction-Kinds of WC-Features of WC-Factors influencing WC -Problem in WCCalculation of Working capital requirements. Nature of cash, Motives of holding Cash  and Cash Budgets. Decisions:Dividend Policy - Determinants of Dividend Policy- Goals in Dividend policy 

Unit-6
Teaching Hours:10
Working Capital Management, Cash Management and Dividend
 

 Introduction-Kinds of WC-Features of WC-Factors influencing WC -Problem in WCCalculation of Working capital requirements. Nature of cash, Motives of holding Cash  and Cash Budgets. Decisions:Dividend Policy - Determinants of Dividend Policy- Goals in Dividend policy 

Unit-6
Teaching Hours:10
Working Capital Management, Cash Management and Dividend
 

 Introduction-Kinds of WC-Features of WC-Factors influencing WC -Problem in WCCalculation of Working capital requirements. Nature of cash, Motives of holding Cash  and Cash Budgets. Decisions:Dividend Policy - Determinants of Dividend Policy- Goals in Dividend policy 

Text Books And Reference Books:

      Financial management  by Reddy,Appannaiah and Satya Prasad - Himalaya Publishing House.

 

      Financial Management by R.Chandrasekaran & S.Ramachandaran  – Kalyani Publishers

 

      Essentials of Financial Management  by I.M Pandey- Himalaya Publishing House.

 

Financial Management  by I.M Pandey- Himalaya Publishing House

Essential Reading / Recommended Reading

1. Warren buffet advice to young people.

 

 2. Investment vs Savings.

 

3.Video on Sahara Scam.

4. Pictures to explain the capital structure of a company will be explained using pictures

Evaluation Pattern

EVALUATION

·         CIA I – Assignment / Presentation            – 10%

·         CIA II – Mid Semester Examination                – 25%

·         CIA III –  Assignment / Presentation                          – 10%

·         Attendance                                                      – 05%

·         End Semester Examination                              – 50%

 

                                    TOTAL                      100%

LAW233 - ECONOMICS FOR LAW II (2024 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:4
Max Marks:100
Credits:4

Course Objectives/Course Description

 

This course is designed to introduce the frontiers of microeconomics and the issues related to sources of market failures, Institutions. It focuses on institutions and how institutions shape the incentives of economic agents under limited rationality. It also emphasizes how these institutions correct market outcomes in favor of social welfare under various contexts (units 1). The issues which this course specifically focuses on are the economics of information and transaction costs (unit 3), and the issues related to public goods, common resources, and externalities (unit 4). It also covers the advent of Behavioral economics to predict decision-making and prevent market failures (Unit 5). Throughout the course, law students will learn to solve economic problems with the help of formal institutions like laws, Acts, rules, and regulations and with informal institutions like self-imposed conduct and the constraints put by the community. The objective of this course is to introduce the salient features of new economics laws and their analytical tools that could be applied to study various legal issues in the public and private sectors. It also aims to familiarize the student with the sources of market failure and how Institutions and new models of behavioral economics how have proven essential for economic and social development. Also, to make students learn the economic approach of analyzing the importance and significance of institutions for resolving socio-economic issues.

Learning Outcome

CO1: Identify different types of institutions and their influence on the economy and society.

CO2: Measure and Identify monopoly power and give solutions to prevent the social cost of monopoly

CO3: Give solutions to the problems of asymmetric information

CO4: Identify the inefficiencies created due to the presence of positive and negative externalities in the market

CO5: Identify the transaction costs in exchange and provide solutions to reduce transaction costs at the micro level

CO6: To analyze the role of institutions in achieving economic growth and development

CO7: To design solutions at the macro level for the economy to reduce transaction costs.

Unit-1
Teaching Hours:12
SOURCES OF MARKET FAILURES AND INSTITUTIONS
 

A.   Assumptions of Mainstream economics and issues

B.    Market Failure: What is market failure? Sources of market failure

C.   Institutions: What are Institutions? Types of Institutions.

D.   Institutions as an Endogenous factor

E.    The Role of institutions in economic growth and development

Unit-1
Teaching Hours:12
SOURCES OF MARKET FAILURES AND INSTITUTIONS
 

A.   Assumptions of Mainstream economics and issues

B.    Market Failure: What is market failure? Sources of market failure

C.   Institutions: What are Institutions? Types of Institutions.

D.   Institutions as an Endogenous factor

E.    The Role of institutions in economic growth and development

Unit-1
Teaching Hours:12
SOURCES OF MARKET FAILURES AND INSTITUTIONS
 

A.   Assumptions of Mainstream economics and issues

B.    Market Failure: What is market failure? Sources of market failure

C.   Institutions: What are Institutions? Types of Institutions.

D.   Institutions as an Endogenous factor

E.    The Role of institutions in economic growth and development

Unit-1
Teaching Hours:12
SOURCES OF MARKET FAILURES AND INSTITUTIONS
 

A.   Assumptions of Mainstream economics and issues

B.    Market Failure: What is market failure? Sources of market failure

C.   Institutions: What are Institutions? Types of Institutions.

D.   Institutions as an Endogenous factor

E.    The Role of institutions in economic growth and development

Unit-1
Teaching Hours:12
SOURCES OF MARKET FAILURES AND INSTITUTIONS
 

A.   Assumptions of Mainstream economics and issues

B.    Market Failure: What is market failure? Sources of market failure

C.   Institutions: What are Institutions? Types of Institutions.

D.   Institutions as an Endogenous factor

E.    The Role of institutions in economic growth and development

Unit-1
Teaching Hours:12
SOURCES OF MARKET FAILURES AND INSTITUTIONS
 

A.   Assumptions of Mainstream economics and issues

B.    Market Failure: What is market failure? Sources of market failure

C.   Institutions: What are Institutions? Types of Institutions.

D.   Institutions as an Endogenous factor

E.    The Role of institutions in economic growth and development

Unit-1
Teaching Hours:12
SOURCES OF MARKET FAILURES AND INSTITUTIONS
 

A.   Assumptions of Mainstream economics and issues

B.    Market Failure: What is market failure? Sources of market failure

C.   Institutions: What are Institutions? Types of Institutions.

D.   Institutions as an Endogenous factor

E.    The Role of institutions in economic growth and development

Unit-2
Teaching Hours:12
MONOPOLY POWER AND MARKET CONCENTRATION
 

A.   Monopoly: Why does monopoly arise?

B.    Welfare costs of Monopoly

C.   Market power and determinants

D.   Measurement of market power- market share, Lerner Index, HHI

E.    Natural monopoly

F.    Public regulation of natural monopoly

G.   Public policies towards monopoly

Unit-2
Teaching Hours:12
MONOPOLY POWER AND MARKET CONCENTRATION
 

A.   Monopoly: Why does monopoly arise?

B.    Welfare costs of Monopoly

C.   Market power and determinants

D.   Measurement of market power- market share, Lerner Index, HHI

E.    Natural monopoly

F.    Public regulation of natural monopoly

G.   Public policies towards monopoly

Unit-2
Teaching Hours:12
MONOPOLY POWER AND MARKET CONCENTRATION
 

A.   Monopoly: Why does monopoly arise?

B.    Welfare costs of Monopoly

C.   Market power and determinants

D.   Measurement of market power- market share, Lerner Index, HHI

E.    Natural monopoly

F.    Public regulation of natural monopoly

G.   Public policies towards monopoly

Unit-2
Teaching Hours:12
MONOPOLY POWER AND MARKET CONCENTRATION
 

A.   Monopoly: Why does monopoly arise?

B.    Welfare costs of Monopoly

C.   Market power and determinants

D.   Measurement of market power- market share, Lerner Index, HHI

E.    Natural monopoly

F.    Public regulation of natural monopoly

G.   Public policies towards monopoly

Unit-2
Teaching Hours:12
MONOPOLY POWER AND MARKET CONCENTRATION
 

A.   Monopoly: Why does monopoly arise?

B.    Welfare costs of Monopoly

C.   Market power and determinants

D.   Measurement of market power- market share, Lerner Index, HHI

E.    Natural monopoly

F.    Public regulation of natural monopoly

G.   Public policies towards monopoly

Unit-2
Teaching Hours:12
MONOPOLY POWER AND MARKET CONCENTRATION
 

A.   Monopoly: Why does monopoly arise?

B.    Welfare costs of Monopoly

C.   Market power and determinants

D.   Measurement of market power- market share, Lerner Index, HHI

E.    Natural monopoly

F.    Public regulation of natural monopoly

G.   Public policies towards monopoly

Unit-2
Teaching Hours:12
MONOPOLY POWER AND MARKET CONCENTRATION
 

A.   Monopoly: Why does monopoly arise?

B.    Welfare costs of Monopoly

C.   Market power and determinants

D.   Measurement of market power- market share, Lerner Index, HHI

E.    Natural monopoly

F.    Public regulation of natural monopoly

G.   Public policies towards monopoly

Unit-3
Teaching Hours:12
ECONOMICS OF INFORMATION AND TRANSACTION COSTS
 

A.   Economics of Information: Asymmetric Information

B.    Adverse Selection: the problem of lemon in different markets, lemon laws.

C.   Moral Hazard: Principal-Agent Problem, Efficiency wage theory

D.   Prisoners’ dilemma: dominant strategy and Nash equilibrium

E.    Market Signaling

F.    Transaction Costs and The Theory of Firm by Coase

G.   Elements of Transaction Costs

Unit-3
Teaching Hours:12
ECONOMICS OF INFORMATION AND TRANSACTION COSTS
 

A.   Economics of Information: Asymmetric Information

B.    Adverse Selection: the problem of lemon in different markets, lemon laws.

C.   Moral Hazard: Principal-Agent Problem, Efficiency wage theory

D.   Prisoners’ dilemma: dominant strategy and Nash equilibrium

E.    Market Signaling

F.    Transaction Costs and The Theory of Firm by Coase

G.   Elements of Transaction Costs

Unit-3
Teaching Hours:12
ECONOMICS OF INFORMATION AND TRANSACTION COSTS
 

A.   Economics of Information: Asymmetric Information

B.    Adverse Selection: the problem of lemon in different markets, lemon laws.

C.   Moral Hazard: Principal-Agent Problem, Efficiency wage theory

D.   Prisoners’ dilemma: dominant strategy and Nash equilibrium

E.    Market Signaling

F.    Transaction Costs and The Theory of Firm by Coase

G.   Elements of Transaction Costs

Unit-3
Teaching Hours:12
ECONOMICS OF INFORMATION AND TRANSACTION COSTS
 

A.   Economics of Information: Asymmetric Information

B.    Adverse Selection: the problem of lemon in different markets, lemon laws.

C.   Moral Hazard: Principal-Agent Problem, Efficiency wage theory

D.   Prisoners’ dilemma: dominant strategy and Nash equilibrium

E.    Market Signaling

F.    Transaction Costs and The Theory of Firm by Coase

G.   Elements of Transaction Costs

Unit-3
Teaching Hours:12
ECONOMICS OF INFORMATION AND TRANSACTION COSTS
 

A.   Economics of Information: Asymmetric Information

B.    Adverse Selection: the problem of lemon in different markets, lemon laws.

C.   Moral Hazard: Principal-Agent Problem, Efficiency wage theory

D.   Prisoners’ dilemma: dominant strategy and Nash equilibrium

E.    Market Signaling

F.    Transaction Costs and The Theory of Firm by Coase

G.   Elements of Transaction Costs

Unit-3
Teaching Hours:12
ECONOMICS OF INFORMATION AND TRANSACTION COSTS
 

A.   Economics of Information: Asymmetric Information

B.    Adverse Selection: the problem of lemon in different markets, lemon laws.

C.   Moral Hazard: Principal-Agent Problem, Efficiency wage theory

D.   Prisoners’ dilemma: dominant strategy and Nash equilibrium

E.    Market Signaling

F.    Transaction Costs and The Theory of Firm by Coase

G.   Elements of Transaction Costs

Unit-3
Teaching Hours:12
ECONOMICS OF INFORMATION AND TRANSACTION COSTS
 

A.   Economics of Information: Asymmetric Information

B.    Adverse Selection: the problem of lemon in different markets, lemon laws.

C.   Moral Hazard: Principal-Agent Problem, Efficiency wage theory

D.   Prisoners’ dilemma: dominant strategy and Nash equilibrium

E.    Market Signaling

F.    Transaction Costs and The Theory of Firm by Coase

G.   Elements of Transaction Costs

Unit-4
Teaching Hours:12
PUBLIC GOODS, COMMON RESOURCE AND EXTERNALITIES
 

A.   Public goods and Common resources

B.    Common Resources: Hardin’s Tragedy of Commons

C.   Externalities: Positive and Negative

D.   Public policies towards externalities: Regulation, fees, standards, taxation, etc. 

E.    Private solution towards externalities: Coase theorem

F.    Concept of Property: Defining property rights

G.   Problems of ill-defined property rights

Unit-4
Teaching Hours:12
PUBLIC GOODS, COMMON RESOURCE AND EXTERNALITIES
 

A.   Public goods and Common resources

B.    Common Resources: Hardin’s Tragedy of Commons

C.   Externalities: Positive and Negative

D.   Public policies towards externalities: Regulation, fees, standards, taxation, etc. 

E.    Private solution towards externalities: Coase theorem

F.    Concept of Property: Defining property rights

G.   Problems of ill-defined property rights

Unit-4
Teaching Hours:12
PUBLIC GOODS, COMMON RESOURCE AND EXTERNALITIES
 

A.   Public goods and Common resources

B.    Common Resources: Hardin’s Tragedy of Commons

C.   Externalities: Positive and Negative

D.   Public policies towards externalities: Regulation, fees, standards, taxation, etc. 

E.    Private solution towards externalities: Coase theorem

F.    Concept of Property: Defining property rights

G.   Problems of ill-defined property rights

Unit-4
Teaching Hours:12
PUBLIC GOODS, COMMON RESOURCE AND EXTERNALITIES
 

A.   Public goods and Common resources

B.    Common Resources: Hardin’s Tragedy of Commons

C.   Externalities: Positive and Negative

D.   Public policies towards externalities: Regulation, fees, standards, taxation, etc. 

E.    Private solution towards externalities: Coase theorem

F.    Concept of Property: Defining property rights

G.   Problems of ill-defined property rights

Unit-4
Teaching Hours:12
PUBLIC GOODS, COMMON RESOURCE AND EXTERNALITIES
 

A.   Public goods and Common resources

B.    Common Resources: Hardin’s Tragedy of Commons

C.   Externalities: Positive and Negative

D.   Public policies towards externalities: Regulation, fees, standards, taxation, etc. 

E.    Private solution towards externalities: Coase theorem

F.    Concept of Property: Defining property rights

G.   Problems of ill-defined property rights

Unit-4
Teaching Hours:12
PUBLIC GOODS, COMMON RESOURCE AND EXTERNALITIES
 

A.   Public goods and Common resources

B.    Common Resources: Hardin’s Tragedy of Commons

C.   Externalities: Positive and Negative

D.   Public policies towards externalities: Regulation, fees, standards, taxation, etc. 

E.    Private solution towards externalities: Coase theorem

F.    Concept of Property: Defining property rights

G.   Problems of ill-defined property rights

Unit-4
Teaching Hours:12
PUBLIC GOODS, COMMON RESOURCE AND EXTERNALITIES
 

A.   Public goods and Common resources

B.    Common Resources: Hardin’s Tragedy of Commons

C.   Externalities: Positive and Negative

D.   Public policies towards externalities: Regulation, fees, standards, taxation, etc. 

E.    Private solution towards externalities: Coase theorem

F.    Concept of Property: Defining property rights

G.   Problems of ill-defined property rights

Unit-5
Teaching Hours:12
BASICS OF BEHAVIORAL ECONOMICS
 

A.   Meaning, History, and Evolution of BE

B.    Decision-Making under risk and uncertainty

C.   Behavioral Models of Decision Making: prospect theory, mental accounting, Dual System Theory

D.   Nudge Theory

E. Bounded rationality and Irrational Decision Making   

Unit-5
Teaching Hours:12
BASICS OF BEHAVIORAL ECONOMICS
 

A.   Meaning, History, and Evolution of BE

B.    Decision-Making under risk and uncertainty

C.   Behavioral Models of Decision Making: prospect theory, mental accounting, Dual System Theory

D.   Nudge Theory

E. Bounded rationality and Irrational Decision Making   

Unit-5
Teaching Hours:12
BASICS OF BEHAVIORAL ECONOMICS
 

A.   Meaning, History, and Evolution of BE

B.    Decision-Making under risk and uncertainty

C.   Behavioral Models of Decision Making: prospect theory, mental accounting, Dual System Theory

D.   Nudge Theory

E. Bounded rationality and Irrational Decision Making   

Unit-5
Teaching Hours:12
BASICS OF BEHAVIORAL ECONOMICS
 

A.   Meaning, History, and Evolution of BE

B.    Decision-Making under risk and uncertainty

C.   Behavioral Models of Decision Making: prospect theory, mental accounting, Dual System Theory

D.   Nudge Theory

E. Bounded rationality and Irrational Decision Making   

Unit-5
Teaching Hours:12
BASICS OF BEHAVIORAL ECONOMICS
 

A.   Meaning, History, and Evolution of BE

B.    Decision-Making under risk and uncertainty

C.   Behavioral Models of Decision Making: prospect theory, mental accounting, Dual System Theory

D.   Nudge Theory

E. Bounded rationality and Irrational Decision Making   

Unit-5
Teaching Hours:12
BASICS OF BEHAVIORAL ECONOMICS
 

A.   Meaning, History, and Evolution of BE

B.    Decision-Making under risk and uncertainty

C.   Behavioral Models of Decision Making: prospect theory, mental accounting, Dual System Theory

D.   Nudge Theory

E. Bounded rationality and Irrational Decision Making   

Unit-5
Teaching Hours:12
BASICS OF BEHAVIORAL ECONOMICS
 

A.   Meaning, History, and Evolution of BE

B.    Decision-Making under risk and uncertainty

C.   Behavioral Models of Decision Making: prospect theory, mental accounting, Dual System Theory

D.   Nudge Theory

E. Bounded rationality and Irrational Decision Making   

Text Books And Reference Books:

Essentialreferences:

1.     Institutions & Economic Theory by Furubotn & Rudolf.

2.     Conflict and Cooperation: Insitutional & Behavioral Economics, Blackwell, 2004. by Allan Schmid,

3.     New Institutional Economics by Peter G Klein.

4.     Economic Analysis of Institutions by V. Shantakumar

5.     Microeconomics- by Pindyck & Rubenfled.

6.     Samulson and Nordrons - Economics –18th Edition (2004) - McGraw Hill. Inc.

7.     Economics- Mceachern

8.     Economics for Managers-by Mankiw

9.     Managerial Economics- by Mark Hirschey

10.  Parkin, Michael - Macroeconomics, 7th Edition (2004)- Prentice-Hall.

11.  Miller, R.L. – Economics Today -14th Edition (2005) - Addison-Wesley.

12.  William Boyes and Michael Melvin- Textbook of economics – 6th edition (2009)-biztantra (Indian edition)

Essential Reading / Recommended Reading

 

Evaluation Pattern

SCHEME OF VALUATION

CIA 1 – 10% (Class Test, Assignments, Presentation)

CIA II – 25% (Mid semester exam)

CIA III – 10% (Research work)

Attendance – 5%

End Semester Examination – 50%

LAW244A - ENGLISH (2024 Batch)

Total Teaching Hours for Semester:50
No of Lecture Hours/Week:4
Max Marks:100
Credits:4

Course Objectives/Course Description

 

Course Description:

The course will focus on strengthening the  grammatical skills of students, which in turn will help them in speaking and writing clearly and effectively, using the English Language. Articles from newspapers and magazines on contemporary issues, will be used as samples for language practice, within the class room. Students will also engage in reading sessions, so as to get acquainted with different styles of writing, comprehend complicated pieces, critique issues and think independently. The course will also use language as a medium to sensitize students and generate discussions about various socio-political issues, through regular discussions. 

 

Course objectives:

 

Tofacilitate the students in enhancing their reading, writing, comprehension and oral communication skills.  The course will also help the students in having a sound grasp over the language and to clearly and effectively communicate using the written language. The oral skills of students too get honed, as they get trained in making power point presentations in a professional way.  Reading exercises and discussions will  facilitate in developing their analytical and critical thinking  skills.

 

Learning Outcome

CO1: Apply the rules of grammar, while constructing sentences and paragraphs.

CO2: Apply analytical and critical thinking skills while reading long passages and write answers to questions in a systematic way.

CO3: Make power point presentations in a more professional way.

CO4: Draft formal letters, e-mails, write reports, essays and research papers adhering to the rules of academic writing.

Unit-1
Teaching Hours:8
BASIC GRAMMAR
 

Parts of speech, tenses, subject-verb agreement, articles.

Unit-1
Teaching Hours:8
BASIC GRAMMAR
 

Parts of speech, tenses, subject-verb agreement, articles.

Unit-1
Teaching Hours:8
BASIC GRAMMAR
 

Parts of speech, tenses, subject-verb agreement, articles.

Unit-1
Teaching Hours:8
BASIC GRAMMAR
 

Parts of speech, tenses, subject-verb agreement, articles.

Unit-2
Teaching Hours:5
SENTENCE STRUCTURE
 

Different types of sentences and their grammatic formats, organizing ideas into grammatically correct sentences, punctuation.

Unit-2
Teaching Hours:5
SENTENCE STRUCTURE
 

Different types of sentences and their grammatic formats, organizing ideas into grammatically correct sentences, punctuation.

Unit-2
Teaching Hours:5
SENTENCE STRUCTURE
 

Different types of sentences and their grammatic formats, organizing ideas into grammatically correct sentences, punctuation.

Unit-2
Teaching Hours:5
SENTENCE STRUCTURE
 

Different types of sentences and their grammatic formats, organizing ideas into grammatically correct sentences, punctuation.

Unit-3
Teaching Hours:5
COMPREHENSION
 

Working on Comprehension passages to develop the reading, comprehending and writing skills of students – factual and inferential passages.

Unit-3
Teaching Hours:5
COMPREHENSION
 

Working on Comprehension passages to develop the reading, comprehending and writing skills of students – factual and inferential passages.

Unit-3
Teaching Hours:5
COMPREHENSION
 

Working on Comprehension passages to develop the reading, comprehending and writing skills of students – factual and inferential passages.

Unit-3
Teaching Hours:5
COMPREHENSION
 

Working on Comprehension passages to develop the reading, comprehending and writing skills of students – factual and inferential passages.

Unit-4
Teaching Hours:5
VOCABULARY
 

Antonyms, synonyms, appropriate use in sentences and paragraphs.

Unit-4
Teaching Hours:5
VOCABULARY
 

Antonyms, synonyms, appropriate use in sentences and paragraphs.

Unit-4
Teaching Hours:5
VOCABULARY
 

Antonyms, synonyms, appropriate use in sentences and paragraphs.

Unit-4
Teaching Hours:5
VOCABULARY
 

Antonyms, synonyms, appropriate use in sentences and paragraphs.

Unit-5
Teaching Hours:5
PARAGRAPH WRITING
 

Rearranging sentences into proper paragraphs, error analysis, expansion of an outline, précis writing, writing short paragraphs on specific topics.

Unit-5
Teaching Hours:5
PARAGRAPH WRITING
 

Rearranging sentences into proper paragraphs, error analysis, expansion of an outline, précis writing, writing short paragraphs on specific topics.

Unit-5
Teaching Hours:5
PARAGRAPH WRITING
 

Rearranging sentences into proper paragraphs, error analysis, expansion of an outline, précis writing, writing short paragraphs on specific topics.

Unit-5
Teaching Hours:5
PARAGRAPH WRITING
 

Rearranging sentences into proper paragraphs, error analysis, expansion of an outline, précis writing, writing short paragraphs on specific topics.

Unit-6
Teaching Hours:6
PRESENTATION SKILLS
 

Characteristics of effective presentations, the voice in presentation, body language, modes of presentation, use of visual aids, their benefits, types of visual aids, how to prepare visual aids, dos and don’ts, coordination between speech and visual aids during presentation, listening skills, role of audience.

Unit-6
Teaching Hours:6
PRESENTATION SKILLS
 

Characteristics of effective presentations, the voice in presentation, body language, modes of presentation, use of visual aids, their benefits, types of visual aids, how to prepare visual aids, dos and don’ts, coordination between speech and visual aids during presentation, listening skills, role of audience.

Unit-6
Teaching Hours:6
PRESENTATION SKILLS
 

Characteristics of effective presentations, the voice in presentation, body language, modes of presentation, use of visual aids, their benefits, types of visual aids, how to prepare visual aids, dos and don’ts, coordination between speech and visual aids during presentation, listening skills, role of audience.

Unit-6
Teaching Hours:6
PRESENTATION SKILLS
 

Characteristics of effective presentations, the voice in presentation, body language, modes of presentation, use of visual aids, their benefits, types of visual aids, how to prepare visual aids, dos and don’ts, coordination between speech and visual aids during presentation, listening skills, role of audience.

Unit-7
Teaching Hours:6
DESCRIPTIVE WRITING
 

Different types of descriptive writing, letters, different types of letters.

Unit-7
Teaching Hours:6
DESCRIPTIVE WRITING
 

Different types of descriptive writing, letters, different types of letters.

Unit-7
Teaching Hours:6
DESCRIPTIVE WRITING
 

Different types of descriptive writing, letters, different types of letters.

Unit-7
Teaching Hours:6
DESCRIPTIVE WRITING
 

Different types of descriptive writing, letters, different types of letters.

Text Books And Reference Books:

1.   

1. English Grammar Composition and Usage- J.C Nesfield.  Macmillan India.

2. Objective  English – Edgar Thorpe, Showick Thorpe. Pearson Education.

3. Grammar Builder- Amin. A, Eravelly.R, Ibrahim.F.J. CUP

4. Advanced English Grammar- Hewings, Martin.CUP

5. Essential English Grammar- Murphy, Raymond. CUP

6. Effective Presentation skills – Steve Mandel

7. Powerful  Presentation skills – Debra Smith

8. Powerful  Presentation Skills – Dennis Becker.

9. Communication Skills – Leena Sen

10. English Vocabulary in Use – McCarthy & O’Dell.

11. Explorations –A course in reading, thinking and communication skills – Oranee Jansz

Essential Reading / Recommended Reading

1. English Grammar Composition and Usage- J.C Nesfield.  Macmillan India.

2. Objective  English – Edgar Thorpe, Showick Thorpe. Pearson Education.

3. Grammar Builder- Amin. A, Eravelly.R, Ibrahim.F.J. CUP

4. Advanced English Grammar- Hewings, Martin.CUP

5. Essential English Grammar- Murphy, Raymond. CUP

6. Effective Presentation skills – Steve Mandel

7. Powerful  Presentation skills – Debra Smith

8. Powerful  Presentation Skills – Dennis Becker.

9. Communication Skills – Leena Sen

10. English Vocabulary in Use – McCarthy & O’Dell.

11. Explorations –A course in reading, thinking and communication skills – Oranee Jansz

Evaluation Pattern

CIA 1- Written Test for 20mks, based on topics covered in Unit1

Accurate application of the rules of grammar – 10mks

(Parts of Speech-2mks, Tenses-3mks, Articles -2, Subject-verb agreement -3mks

Clarity in the concepts of grammar -5mks

Clear and effective written communication -5mks

CIA 2 – Mid Sem Exams for 50mks

Grammar -25mks

Accurate application of the rules of grammar – 15mks

Clarity in the concepts of grammar -5mks

Clear and effective written communication -5mks

Comprehension Passage – 25mks

Reading and accurate comprehension of ideas -10mks

Analytical, critical thinking and originality of thought -5mks

Rules of Grammar -5mks

Clear and effective written communication – 5mks

CIA 3 -20mks

A.   Power Point Presentations:

Depth of research in content -8mks

Effective use of slides and audio-visual aids -4mks

Audience interaction, ability to clarify doubts, efficient handling of the session – 3mks

Timing – 2mks

Clear and effective oral communication – 3mks

B.  Online Courses:

Written/Oral assignment submissions, based on depth of content, regularity of submissions -10mks

Effective use of language, peer evaluation -5mks

Certificates/grades – 5mks

50-60  - 1mk

61-70  -  2mks

71 - 80 – 3mks

81-90  - 4mks

>90     - 5mks

D.  Essay:

Depth of Content, conceptual clarity -10mks

Adherence to rules of academic writing – 5mks

Creative contribution (ideas, thoughts) – 5mks

D.  Research Paper:

Depth of research, content clarity – 10mks

Originality of thought/analysis – 5mks

Citations and References -3 mks

Adherence to format/clear and effective articulation -2mks

E.   Book Review:

Summary – 2mks

Analysis – 4mks

Critical Appreciation – 7mks

Originality – 4mks

 

Citatations/References – 3mks

 

LAW255 - LAW OF CONTRACT I (2024 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

This course is designed to acquaint the students with the conceptual and operational parameters of these various general principles of contractual relations. Specific enforcement of contract is an important aspect of the law of contract. Analysis of the kinds of contracts that can be specifically enforced and the methods of enforcement forms a significant segment of this study.

To apply the basic principles in contractual relations, there need to be a clear understanding of the basic sources of law of contract. As the major source of contract law being the principles of English common law, we need to discuss the evolution of law of contract and the similarities and dissimilarities with the English law of contract. To attain this objective Unit 1 of the syllabus deals with the historical perspective of law of contract, an introduction to the basic essentials of contract, standard form contract. Unit 2 deals with consideration as an essential requirement of contract. It also analyses the consequence of unlawful consideration and the exceptional instances where consideration is not required. Unit 3 deals with the capacity of parties to enter into a valid and enforceable contract. This mainly discusses about the parties such as minors, persons of unsound mind, persons disqualified by law, who are disqualified to enter into contracts. Unit 4 on the requirement of free consent in a contract discusses the vitiating factors of free consent viz. coercion, undue influence, fraud, misrepresentation and mistake. Emphasis is given on the voidable nature of such agreements. Units 5 and 6 deal with legality of objects, consideration and void agreements respectively. Unit 7 discusses the different ways by which a contract can be discharged and the remedies which are available to the parties aggrieved by breach of contract are included in Unit 8. A practical overview of Specific Relief Act which gives a judicial remedy to enforce performance of contract is included in Unit 9.

Learning Outcome

CO1: To compare void agreement, voidable agreement, illegal agreements and unlawful agreement and their consequences.

CO2: To distinguish between various relations resembling contractual obligations and contractual relations.

CO3: To employ research skills such as collecting relevant data from reliable legal sources, retrieving judgments, articles and other material from online legal databases, evaluating judicial reasoning employed by courts.

CO4: To determine whether a contract is void, voidable or illegal based on factors such as incompetent parties, absence of lawful consideration, unlawful object, lack of free consent etc.

CO5: To identify all the essential elements required for formation of a valid contract such as proposal, acceptance, lawful consideration and object, competent parties.

CO6: To recall the various modes of valid discharge and to analyse the effect of novation, alteration, rescission, waiver, accord and satisfaction on discharge of contract.

CO7: To evaluate practical problem-based situations and select the appropriate remedy for breach of contract

CO8: To critically analyse existing laws and judgments on contract .

Unit-1
Teaching Hours:10
INTRODUCTION TO LAW OF CONTRACT
 

History and nature of contractual obligations; Law of Contract or Law of Contracts; Definitions; Proposal and acceptance - forms, essential elements, communication and revocation; Proposal and Invitations for proposal; Floating Offers; Tenders; Standard form contract: principles of protection against the possibility of exploitation, judicial approach to such contracts, exemption clauses; clash between two standard forms of contracts; Law Commission of India 199th Report 2006

Unit-1
Teaching Hours:10
INTRODUCTION TO LAW OF CONTRACT
 

History and nature of contractual obligations; Law of Contract or Law of Contracts; Definitions; Proposal and acceptance - forms, essential elements, communication and revocation; Proposal and Invitations for proposal; Floating Offers; Tenders; Standard form contract: principles of protection against the possibility of exploitation, judicial approach to such contracts, exemption clauses; clash between two standard forms of contracts; Law Commission of India 199th Report 2006

Unit-1
Teaching Hours:10
INTRODUCTION TO LAW OF CONTRACT
 

History and nature of contractual obligations; Law of Contract or Law of Contracts; Definitions; Proposal and acceptance - forms, essential elements, communication and revocation; Proposal and Invitations for proposal; Floating Offers; Tenders; Standard form contract: principles of protection against the possibility of exploitation, judicial approach to such contracts, exemption clauses; clash between two standard forms of contracts; Law Commission of India 199th Report 2006

Unit-1
Teaching Hours:10
INTRODUCTION TO LAW OF CONTRACT
 

History and nature of contractual obligations; Law of Contract or Law of Contracts; Definitions; Proposal and acceptance - forms, essential elements, communication and revocation; Proposal and Invitations for proposal; Floating Offers; Tenders; Standard form contract: principles of protection against the possibility of exploitation, judicial approach to such contracts, exemption clauses; clash between two standard forms of contracts; Law Commission of India 199th Report 2006

Unit-1
Teaching Hours:10
INTRODUCTION TO LAW OF CONTRACT
 

History and nature of contractual obligations; Law of Contract or Law of Contracts; Definitions; Proposal and acceptance - forms, essential elements, communication and revocation; Proposal and Invitations for proposal; Floating Offers; Tenders; Standard form contract: principles of protection against the possibility of exploitation, judicial approach to such contracts, exemption clauses; clash between two standard forms of contracts; Law Commission of India 199th Report 2006

Unit-1
Teaching Hours:10
INTRODUCTION TO LAW OF CONTRACT
 

History and nature of contractual obligations; Law of Contract or Law of Contracts; Definitions; Proposal and acceptance - forms, essential elements, communication and revocation; Proposal and Invitations for proposal; Floating Offers; Tenders; Standard form contract: principles of protection against the possibility of exploitation, judicial approach to such contracts, exemption clauses; clash between two standard forms of contracts; Law Commission of India 199th Report 2006

Unit-1
Teaching Hours:10
INTRODUCTION TO LAW OF CONTRACT
 

History and nature of contractual obligations; Law of Contract or Law of Contracts; Definitions; Proposal and acceptance - forms, essential elements, communication and revocation; Proposal and Invitations for proposal; Floating Offers; Tenders; Standard form contract: principles of protection against the possibility of exploitation, judicial approach to such contracts, exemption clauses; clash between two standard forms of contracts; Law Commission of India 199th Report 2006

Unit-2
Teaching Hours:5
CONSIDERATION
 

Meaning, Kinds, Essential Elements; Doctrine of nudum pactum; Privity of contract and of consideration; Its exceptions; Adequacy of consideration; Present, past and adequate consideration; Unlawful consideration and its effects; Views of Law Commission of India on consideration; Evaluation of the doctrine of consideration

Unit-2
Teaching Hours:5
CONSIDERATION
 

Meaning, Kinds, Essential Elements; Doctrine of nudum pactum; Privity of contract and of consideration; Its exceptions; Adequacy of consideration; Present, past and adequate consideration; Unlawful consideration and its effects; Views of Law Commission of India on consideration; Evaluation of the doctrine of consideration

Unit-2
Teaching Hours:5
CONSIDERATION
 

Meaning, Kinds, Essential Elements; Doctrine of nudum pactum; Privity of contract and of consideration; Its exceptions; Adequacy of consideration; Present, past and adequate consideration; Unlawful consideration and its effects; Views of Law Commission of India on consideration; Evaluation of the doctrine of consideration

Unit-2
Teaching Hours:5
CONSIDERATION
 

Meaning, Kinds, Essential Elements; Doctrine of nudum pactum; Privity of contract and of consideration; Its exceptions; Adequacy of consideration; Present, past and adequate consideration; Unlawful consideration and its effects; Views of Law Commission of India on consideration; Evaluation of the doctrine of consideration

Unit-2
Teaching Hours:5
CONSIDERATION
 

Meaning, Kinds, Essential Elements; Doctrine of nudum pactum; Privity of contract and of consideration; Its exceptions; Adequacy of consideration; Present, past and adequate consideration; Unlawful consideration and its effects; Views of Law Commission of India on consideration; Evaluation of the doctrine of consideration

Unit-2
Teaching Hours:5
CONSIDERATION
 

Meaning, Kinds, Essential Elements; Doctrine of nudum pactum; Privity of contract and of consideration; Its exceptions; Adequacy of consideration; Present, past and adequate consideration; Unlawful consideration and its effects; Views of Law Commission of India on consideration; Evaluation of the doctrine of consideration

Unit-2
Teaching Hours:5
CONSIDERATION
 

Meaning, Kinds, Essential Elements; Doctrine of nudum pactum; Privity of contract and of consideration; Its exceptions; Adequacy of consideration; Present, past and adequate consideration; Unlawful consideration and its effects; Views of Law Commission of India on consideration; Evaluation of the doctrine of consideration

Unit-3
Teaching Hours:5
CAPACITY TO CONTRACT
 

Incapacity arising out of status and mental defect; Minor's agreements; Definition of ‘minor’; Restitution in cases of minor's agreements; Agreements beneficial and detrimental to a minor; Agreements made on behalf of a minor; Fraud by a minor; Doctrine of Estoppel to minor's agreements; Evaluation of the law relating to minor's agreements; Other illustrations of incapacity to contract

Unit-3
Teaching Hours:5
CAPACITY TO CONTRACT
 

Incapacity arising out of status and mental defect; Minor's agreements; Definition of ‘minor’; Restitution in cases of minor's agreements; Agreements beneficial and detrimental to a minor; Agreements made on behalf of a minor; Fraud by a minor; Doctrine of Estoppel to minor's agreements; Evaluation of the law relating to minor's agreements; Other illustrations of incapacity to contract

Unit-3
Teaching Hours:5
CAPACITY TO CONTRACT
 

Incapacity arising out of status and mental defect; Minor's agreements; Definition of ‘minor’; Restitution in cases of minor's agreements; Agreements beneficial and detrimental to a minor; Agreements made on behalf of a minor; Fraud by a minor; Doctrine of Estoppel to minor's agreements; Evaluation of the law relating to minor's agreements; Other illustrations of incapacity to contract

Unit-3
Teaching Hours:5
CAPACITY TO CONTRACT
 

Incapacity arising out of status and mental defect; Minor's agreements; Definition of ‘minor’; Restitution in cases of minor's agreements; Agreements beneficial and detrimental to a minor; Agreements made on behalf of a minor; Fraud by a minor; Doctrine of Estoppel to minor's agreements; Evaluation of the law relating to minor's agreements; Other illustrations of incapacity to contract

Unit-3
Teaching Hours:5
CAPACITY TO CONTRACT
 

Incapacity arising out of status and mental defect; Minor's agreements; Definition of ‘minor’; Restitution in cases of minor's agreements; Agreements beneficial and detrimental to a minor; Agreements made on behalf of a minor; Fraud by a minor; Doctrine of Estoppel to minor's agreements; Evaluation of the law relating to minor's agreements; Other illustrations of incapacity to contract

Unit-3
Teaching Hours:5
CAPACITY TO CONTRACT
 

Incapacity arising out of status and mental defect; Minor's agreements; Definition of ‘minor’; Restitution in cases of minor's agreements; Agreements beneficial and detrimental to a minor; Agreements made on behalf of a minor; Fraud by a minor; Doctrine of Estoppel to minor's agreements; Evaluation of the law relating to minor's agreements; Other illustrations of incapacity to contract

Unit-3
Teaching Hours:5
CAPACITY TO CONTRACT
 

Incapacity arising out of status and mental defect; Minor's agreements; Definition of ‘minor’; Restitution in cases of minor's agreements; Agreements beneficial and detrimental to a minor; Agreements made on behalf of a minor; Fraud by a minor; Doctrine of Estoppel to minor's agreements; Evaluation of the law relating to minor's agreements; Other illustrations of incapacity to contract

Unit-4
Teaching Hours:10
FREE CONSENT
 

Definition of Consent and Free Consent; Factors vitiating free consent: Coercion – Definition, Essential elements, duress and coercion; Doctrine of Economic Duress, effect of coercion; Undue Influence – Definition, essential elements, presumptions relating to Undue Influence – independent advice, pardahanashin women, unconscionable bargains, effect of undue influence; Misrepresentation – Definition, misrepresentation of law and fact, their effects; Fraud – Definition, essential elements, suggestio falsi and suppresio veri, Silence as fraud, Active concealment of truth, importance of intention; Mistake – Definition, kinds, fundamental error, mistake of law and of fact, their effects, unilateral mistake

Unit-4
Teaching Hours:10
FREE CONSENT
 

Definition of Consent and Free Consent; Factors vitiating free consent: Coercion – Definition, Essential elements, duress and coercion; Doctrine of Economic Duress, effect of coercion; Undue Influence – Definition, essential elements, presumptions relating to Undue Influence – independent advice, pardahanashin women, unconscionable bargains, effect of undue influence; Misrepresentation – Definition, misrepresentation of law and fact, their effects; Fraud – Definition, essential elements, suggestio falsi and suppresio veri, Silence as fraud, Active concealment of truth, importance of intention; Mistake – Definition, kinds, fundamental error, mistake of law and of fact, their effects, unilateral mistake

Unit-4
Teaching Hours:10
FREE CONSENT
 

Definition of Consent and Free Consent; Factors vitiating free consent: Coercion – Definition, Essential elements, duress and coercion; Doctrine of Economic Duress, effect of coercion; Undue Influence – Definition, essential elements, presumptions relating to Undue Influence – independent advice, pardahanashin women, unconscionable bargains, effect of undue influence; Misrepresentation – Definition, misrepresentation of law and fact, their effects; Fraud – Definition, essential elements, suggestio falsi and suppresio veri, Silence as fraud, Active concealment of truth, importance of intention; Mistake – Definition, kinds, fundamental error, mistake of law and of fact, their effects, unilateral mistake

Unit-4
Teaching Hours:10
FREE CONSENT
 

Definition of Consent and Free Consent; Factors vitiating free consent: Coercion – Definition, Essential elements, duress and coercion; Doctrine of Economic Duress, effect of coercion; Undue Influence – Definition, essential elements, presumptions relating to Undue Influence – independent advice, pardahanashin women, unconscionable bargains, effect of undue influence; Misrepresentation – Definition, misrepresentation of law and fact, their effects; Fraud – Definition, essential elements, suggestio falsi and suppresio veri, Silence as fraud, Active concealment of truth, importance of intention; Mistake – Definition, kinds, fundamental error, mistake of law and of fact, their effects, unilateral mistake

Unit-4
Teaching Hours:10
FREE CONSENT
 

Definition of Consent and Free Consent; Factors vitiating free consent: Coercion – Definition, Essential elements, duress and coercion; Doctrine of Economic Duress, effect of coercion; Undue Influence – Definition, essential elements, presumptions relating to Undue Influence – independent advice, pardahanashin women, unconscionable bargains, effect of undue influence; Misrepresentation – Definition, misrepresentation of law and fact, their effects; Fraud – Definition, essential elements, suggestio falsi and suppresio veri, Silence as fraud, Active concealment of truth, importance of intention; Mistake – Definition, kinds, fundamental error, mistake of law and of fact, their effects, unilateral mistake

Unit-4
Teaching Hours:10
FREE CONSENT
 

Definition of Consent and Free Consent; Factors vitiating free consent: Coercion – Definition, Essential elements, duress and coercion; Doctrine of Economic Duress, effect of coercion; Undue Influence – Definition, essential elements, presumptions relating to Undue Influence – independent advice, pardahanashin women, unconscionable bargains, effect of undue influence; Misrepresentation – Definition, misrepresentation of law and fact, their effects; Fraud – Definition, essential elements, suggestio falsi and suppresio veri, Silence as fraud, Active concealment of truth, importance of intention; Mistake – Definition, kinds, fundamental error, mistake of law and of fact, their effects, unilateral mistake

Unit-4
Teaching Hours:10
FREE CONSENT
 

Definition of Consent and Free Consent; Factors vitiating free consent: Coercion – Definition, Essential elements, duress and coercion; Doctrine of Economic Duress, effect of coercion; Undue Influence – Definition, essential elements, presumptions relating to Undue Influence – independent advice, pardahanashin women, unconscionable bargains, effect of undue influence; Misrepresentation – Definition, misrepresentation of law and fact, their effects; Fraud – Definition, essential elements, suggestio falsi and suppresio veri, Silence as fraud, Active concealment of truth, importance of intention; Mistake – Definition, kinds, fundamental error, mistake of law and of fact, their effects, unilateral mistake

Unit-5
Teaching Hours:5
LEGALITY OF OBJECT
 

Void agreements, Object of contract and unlawful object, Unlawful consideration, Forbidden by law; Defeating the provision of any law; Fraudulent; Injurious to person or property; Immoral; Against public policy; Distinction between void, voidable, illegal and unlawful agreements and their effects

Unit-5
Teaching Hours:5
LEGALITY OF OBJECT
 

Void agreements, Object of contract and unlawful object, Unlawful consideration, Forbidden by law; Defeating the provision of any law; Fraudulent; Injurious to person or property; Immoral; Against public policy; Distinction between void, voidable, illegal and unlawful agreements and their effects

Unit-5
Teaching Hours:5
LEGALITY OF OBJECT
 

Void agreements, Object of contract and unlawful object, Unlawful consideration, Forbidden by law; Defeating the provision of any law; Fraudulent; Injurious to person or property; Immoral; Against public policy; Distinction between void, voidable, illegal and unlawful agreements and their effects

Unit-5
Teaching Hours:5
LEGALITY OF OBJECT
 

Void agreements, Object of contract and unlawful object, Unlawful consideration, Forbidden by law; Defeating the provision of any law; Fraudulent; Injurious to person or property; Immoral; Against public policy; Distinction between void, voidable, illegal and unlawful agreements and their effects

Unit-5
Teaching Hours:5
LEGALITY OF OBJECT
 

Void agreements, Object of contract and unlawful object, Unlawful consideration, Forbidden by law; Defeating the provision of any law; Fraudulent; Injurious to person or property; Immoral; Against public policy; Distinction between void, voidable, illegal and unlawful agreements and their effects

Unit-5
Teaching Hours:5
LEGALITY OF OBJECT
 

Void agreements, Object of contract and unlawful object, Unlawful consideration, Forbidden by law; Defeating the provision of any law; Fraudulent; Injurious to person or property; Immoral; Against public policy; Distinction between void, voidable, illegal and unlawful agreements and their effects

Unit-5
Teaching Hours:5
LEGALITY OF OBJECT
 

Void agreements, Object of contract and unlawful object, Unlawful consideration, Forbidden by law; Defeating the provision of any law; Fraudulent; Injurious to person or property; Immoral; Against public policy; Distinction between void, voidable, illegal and unlawful agreements and their effects

Unit-6
Teaching Hours:5
VOID AGREEMENTS
 

Agreements without consideration; Agreements in restraint of marriage; Agreements in restraint of trade, its exceptions, sale of goodwill, Partnership Act section 11 restrictions, trade combinations, exclusive dealing agreements, restraints on employees under agreements of service; Agreements in restraint of legal proceedings, its exceptions; Uncertain agreements; Wagering agreement and exception

Unit-6
Teaching Hours:5
VOID AGREEMENTS
 

Agreements without consideration; Agreements in restraint of marriage; Agreements in restraint of trade, its exceptions, sale of goodwill, Partnership Act section 11 restrictions, trade combinations, exclusive dealing agreements, restraints on employees under agreements of service; Agreements in restraint of legal proceedings, its exceptions; Uncertain agreements; Wagering agreement and exception

Unit-6
Teaching Hours:5
VOID AGREEMENTS
 

Agreements without consideration; Agreements in restraint of marriage; Agreements in restraint of trade, its exceptions, sale of goodwill, Partnership Act section 11 restrictions, trade combinations, exclusive dealing agreements, restraints on employees under agreements of service; Agreements in restraint of legal proceedings, its exceptions; Uncertain agreements; Wagering agreement and exception

Unit-6
Teaching Hours:5
VOID AGREEMENTS
 

Agreements without consideration; Agreements in restraint of marriage; Agreements in restraint of trade, its exceptions, sale of goodwill, Partnership Act section 11 restrictions, trade combinations, exclusive dealing agreements, restraints on employees under agreements of service; Agreements in restraint of legal proceedings, its exceptions; Uncertain agreements; Wagering agreement and exception

Unit-6
Teaching Hours:5
VOID AGREEMENTS
 

Agreements without consideration; Agreements in restraint of marriage; Agreements in restraint of trade, its exceptions, sale of goodwill, Partnership Act section 11 restrictions, trade combinations, exclusive dealing agreements, restraints on employees under agreements of service; Agreements in restraint of legal proceedings, its exceptions; Uncertain agreements; Wagering agreement and exception

Unit-6
Teaching Hours:5
VOID AGREEMENTS
 

Agreements without consideration; Agreements in restraint of marriage; Agreements in restraint of trade, its exceptions, sale of goodwill, Partnership Act section 11 restrictions, trade combinations, exclusive dealing agreements, restraints on employees under agreements of service; Agreements in restraint of legal proceedings, its exceptions; Uncertain agreements; Wagering agreement and exception

Unit-6
Teaching Hours:5
VOID AGREEMENTS
 

Agreements without consideration; Agreements in restraint of marriage; Agreements in restraint of trade, its exceptions, sale of goodwill, Partnership Act section 11 restrictions, trade combinations, exclusive dealing agreements, restraints on employees under agreements of service; Agreements in restraint of legal proceedings, its exceptions; Uncertain agreements; Wagering agreement and exception

Unit-7
Teaching Hours:5
DISCHARGE OF A CONTRACT
 

By performance- conditions of valid tender of performance, How? By whom? Where? When? In what manner? Performance of reciprocal promises; Time as essence of contract; By breach, anticipatory breach and present breach; Impossibility of performance, theories of frustration, effect of frustration, frustration and restitution; By period of limitation; By agreement, rescission and alteration, their effect, remission and waiver of performance, extension of time, accord and satisfaction

Unit-7
Teaching Hours:5
DISCHARGE OF A CONTRACT
 

By performance- conditions of valid tender of performance, How? By whom? Where? When? In what manner? Performance of reciprocal promises; Time as essence of contract; By breach, anticipatory breach and present breach; Impossibility of performance, theories of frustration, effect of frustration, frustration and restitution; By period of limitation; By agreement, rescission and alteration, their effect, remission and waiver of performance, extension of time, accord and satisfaction

Unit-7
Teaching Hours:5
DISCHARGE OF A CONTRACT
 

By performance- conditions of valid tender of performance, How? By whom? Where? When? In what manner? Performance of reciprocal promises; Time as essence of contract; By breach, anticipatory breach and present breach; Impossibility of performance, theories of frustration, effect of frustration, frustration and restitution; By period of limitation; By agreement, rescission and alteration, their effect, remission and waiver of performance, extension of time, accord and satisfaction

Unit-7
Teaching Hours:5
DISCHARGE OF A CONTRACT
 

By performance- conditions of valid tender of performance, How? By whom? Where? When? In what manner? Performance of reciprocal promises; Time as essence of contract; By breach, anticipatory breach and present breach; Impossibility of performance, theories of frustration, effect of frustration, frustration and restitution; By period of limitation; By agreement, rescission and alteration, their effect, remission and waiver of performance, extension of time, accord and satisfaction

Unit-7
Teaching Hours:5
DISCHARGE OF A CONTRACT
 

By performance- conditions of valid tender of performance, How? By whom? Where? When? In what manner? Performance of reciprocal promises; Time as essence of contract; By breach, anticipatory breach and present breach; Impossibility of performance, theories of frustration, effect of frustration, frustration and restitution; By period of limitation; By agreement, rescission and alteration, their effect, remission and waiver of performance, extension of time, accord and satisfaction

Unit-7
Teaching Hours:5
DISCHARGE OF A CONTRACT
 

By performance- conditions of valid tender of performance, How? By whom? Where? When? In what manner? Performance of reciprocal promises; Time as essence of contract; By breach, anticipatory breach and present breach; Impossibility of performance, theories of frustration, effect of frustration, frustration and restitution; By period of limitation; By agreement, rescission and alteration, their effect, remission and waiver of performance, extension of time, accord and satisfaction

Unit-7
Teaching Hours:5
DISCHARGE OF A CONTRACT
 

By performance- conditions of valid tender of performance, How? By whom? Where? When? In what manner? Performance of reciprocal promises; Time as essence of contract; By breach, anticipatory breach and present breach; Impossibility of performance, theories of frustration, effect of frustration, frustration and restitution; By period of limitation; By agreement, rescission and alteration, their effect, remission and waiver of performance, extension of time, accord and satisfaction

Unit-8
Teaching Hours:5
REMEDIES AND QUASI-CONTRACTS
 

Relations resembling contracts- supplies to person incompetent to contract, benefit received under voidable or void agreement, Damages- remoteness of damages, ascertainment of damages; Restitution; Injunction- when granted and when refused; Specific performance

Unit-8
Teaching Hours:5
REMEDIES AND QUASI-CONTRACTS
 

Relations resembling contracts- supplies to person incompetent to contract, benefit received under voidable or void agreement, Damages- remoteness of damages, ascertainment of damages; Restitution; Injunction- when granted and when refused; Specific performance

Unit-8
Teaching Hours:5
REMEDIES AND QUASI-CONTRACTS
 

Relations resembling contracts- supplies to person incompetent to contract, benefit received under voidable or void agreement, Damages- remoteness of damages, ascertainment of damages; Restitution; Injunction- when granted and when refused; Specific performance

Unit-8
Teaching Hours:5
REMEDIES AND QUASI-CONTRACTS
 

Relations resembling contracts- supplies to person incompetent to contract, benefit received under voidable or void agreement, Damages- remoteness of damages, ascertainment of damages; Restitution; Injunction- when granted and when refused; Specific performance

Unit-8
Teaching Hours:5
REMEDIES AND QUASI-CONTRACTS
 

Relations resembling contracts- supplies to person incompetent to contract, benefit received under voidable or void agreement, Damages- remoteness of damages, ascertainment of damages; Restitution; Injunction- when granted and when refused; Specific performance

Unit-8
Teaching Hours:5
REMEDIES AND QUASI-CONTRACTS
 

Relations resembling contracts- supplies to person incompetent to contract, benefit received under voidable or void agreement, Damages- remoteness of damages, ascertainment of damages; Restitution; Injunction- when granted and when refused; Specific performance

Unit-8
Teaching Hours:5
REMEDIES AND QUASI-CONTRACTS
 

Relations resembling contracts- supplies to person incompetent to contract, benefit received under voidable or void agreement, Damages- remoteness of damages, ascertainment of damages; Restitution; Injunction- when granted and when refused; Specific performance

Unit-9
Teaching Hours:10
SPECIFIC RELIEF
 

Specific performance of contract; Contract that can be specifically enforced; Contract that cannot be specifically enforced; Persons against whom specific enforcement can be ordered; Rescission and cancellation; Injunction: Temporary and Perpetual; Declaratory orders; Discretion of court

Unit-9
Teaching Hours:10
SPECIFIC RELIEF
 

Specific performance of contract; Contract that can be specifically enforced; Contract that cannot be specifically enforced; Persons against whom specific enforcement can be ordered; Rescission and cancellation; Injunction: Temporary and Perpetual; Declaratory orders; Discretion of court

Unit-9
Teaching Hours:10
SPECIFIC RELIEF
 

Specific performance of contract; Contract that can be specifically enforced; Contract that cannot be specifically enforced; Persons against whom specific enforcement can be ordered; Rescission and cancellation; Injunction: Temporary and Perpetual; Declaratory orders; Discretion of court

Unit-9
Teaching Hours:10
SPECIFIC RELIEF
 

Specific performance of contract; Contract that can be specifically enforced; Contract that cannot be specifically enforced; Persons against whom specific enforcement can be ordered; Rescission and cancellation; Injunction: Temporary and Perpetual; Declaratory orders; Discretion of court

Unit-9
Teaching Hours:10
SPECIFIC RELIEF
 

Specific performance of contract; Contract that can be specifically enforced; Contract that cannot be specifically enforced; Persons against whom specific enforcement can be ordered; Rescission and cancellation; Injunction: Temporary and Perpetual; Declaratory orders; Discretion of court

Unit-9
Teaching Hours:10
SPECIFIC RELIEF
 

Specific performance of contract; Contract that can be specifically enforced; Contract that cannot be specifically enforced; Persons against whom specific enforcement can be ordered; Rescission and cancellation; Injunction: Temporary and Perpetual; Declaratory orders; Discretion of court

Unit-9
Teaching Hours:10
SPECIFIC RELIEF
 

Specific performance of contract; Contract that can be specifically enforced; Contract that cannot be specifically enforced; Persons against whom specific enforcement can be ordered; Rescission and cancellation; Injunction: Temporary and Perpetual; Declaratory orders; Discretion of court

Text Books And Reference Books:

1.        Pollock & Mulla, The Indian Contract and Specific Relief Act, LexisNexis, 15th ed., 2017.

2.        Reynell, Sir William, et al. Anson's Law of Contract. 30th ed. Oxford University Press, 2016.

3.        Stephen A. Smith, Atiya’s Introduction to the Law of Contract, 6thedn., New Delhi Oxford University Press, 2006.

4.        Singh Avtar, Textbook on Law of Contract & Specific Relief, 7th Ed., Eastern Book Co., Lucknow, 2019.

5. Srivastava's Commentaries on Contract Act, 12thed, Allahabad Law Publishers, 2014.

Essential Reading / Recommended Reading

1.        Akhileshwar Pathak, Contract Law, 1stedn., Oxford University Press, New Delhi, 2011. 

2.        Nilima Bhadbhade, Contract Law in India, Kluwer Law International, Great Britain, 2010.

3.        Jaibhave, Law Relating to Agreements, 2nd Edn., Kamal Publishers, New Delhi, 2011.

4.        G C V Subbarao, Law of Contracts I & II, 10thedn., S. Gosia &Co., Hyderabad, 2010.

5.        Simon Salzedo, Brunner et al, Brief case on Contract Law, London Cavendish 1995.

6.        Stone, Richard, The Modern Law of Contract, New York Routledge 2011.

7.        Laurence Kofman, The Law of Contract, 7thedn., Oxford University Press, New York, 2009.

8.        Richard Austen-Baker and Qi Zhou, Contract in Context, 4thEdition, Routledge, 2015.

9.        D S Chopra, Cases and Materials on Contract Law & Specific Relief,1st Edition, Thomson Reuters,2012.

10.    Sr. John Smith, Smith and Thomas, A Casebook on Contract Law, London Thomson Sweet & Maxwell 2000.

11.    Farnsworth, et al., Cases and Materials on Contracts (8th ed. 2013).

12.    V. Keshava Rao, Contracts I Cases and Materials, Lexis Nexis Butterworths, New Delhi, 2004.

13.    M. Krishnan Nair, The Law of Contracts, 5thedn., Orient Longman, 2004.

14. Trietel, The Law of Contract, 11thedn., Thomson Sweet and Maxwell, London, 2003.

Evaluation Pattern

·         CIA I – Class Test / Assignment / Presentation            – 10%

·         CIA II – Mid Semester Examination                                 – 25%

·         CIA III – Research Topic                                                     – 10%

·         Attendance                                                                            – 05%

·         End Semester Examination                                                – 50%

                                                                                   TOTAL 100%

LAW266 - DEVELOPMENT AND PUBLIC POLICY (2024 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

This course has been conceptualized in order to help the students engage with the emerging field of Public Policy. Its helps the student understand the various intersectionality that come to play when a policy is being made. It does so by first disentangling the idea of development and demystifying it, followed by introducing the different typologies that exist in the field of Public Policy. Then the subject takes a deep dive into the field by introducing the policy cycle, and thereafter, introducing the various development related policies that exist. Thereby linking the last Unit with the first and bringing it full circle.

Learning Outcome

CO1: Assess the various modalities the a policy making process entails

CO2: Analyze the various inter-linkages that exist between developmental process and Public Policy

CO3: Evaluate the role of institutions like civil society organizations etc in enhancing and enriching the policies

Unit-1
Teaching Hours:12
Idea of Development
 

1.Growth vis-à-vis development

2.Poverty and Inequality

3.Theories and Models of Development

4.Changing profile of development administration

Unit-1
Teaching Hours:12
Idea of Development
 

1.Growth vis-à-vis development

2.Poverty and Inequality

3.Theories and Models of Development

4.Changing profile of development administration

Unit-1
Teaching Hours:12
Idea of Development
 

1.Growth vis-à-vis development

2.Poverty and Inequality

3.Theories and Models of Development

4.Changing profile of development administration

Unit-1
Teaching Hours:12
Idea of Development
 

1.Growth vis-à-vis development

2.Poverty and Inequality

3.Theories and Models of Development

4.Changing profile of development administration

Unit-1
Teaching Hours:12
Idea of Development
 

1.Growth vis-à-vis development

2.Poverty and Inequality

3.Theories and Models of Development

4.Changing profile of development administration

Unit-1
Teaching Hours:12
Idea of Development
 

1.Growth vis-à-vis development

2.Poverty and Inequality

3.Theories and Models of Development

4.Changing profile of development administration

Unit-1
Teaching Hours:12
Idea of Development
 

1.Growth vis-à-vis development

2.Poverty and Inequality

3.Theories and Models of Development

4.Changing profile of development administration

Unit-2
Teaching Hours:12
Concept of Public Policy
 

1.Idea of Public and Policy

2.Typologies of Policies

a.Distributive Policy

b.Redistributive Policy

c.Regulatory Policy

d.Constituent Policy

e. Conflict Policy

f.Bargaining Policy

Unit-2
Teaching Hours:12
Concept of Public Policy
 

1.Idea of Public and Policy

2.Typologies of Policies

a.Distributive Policy

b.Redistributive Policy

c.Regulatory Policy

d.Constituent Policy

e. Conflict Policy

f.Bargaining Policy

Unit-2
Teaching Hours:12
Concept of Public Policy
 

1.Idea of Public and Policy

2.Typologies of Policies

a.Distributive Policy

b.Redistributive Policy

c.Regulatory Policy

d.Constituent Policy

e. Conflict Policy

f.Bargaining Policy

Unit-2
Teaching Hours:12
Concept of Public Policy
 

1.Idea of Public and Policy

2.Typologies of Policies

a.Distributive Policy

b.Redistributive Policy

c.Regulatory Policy

d.Constituent Policy

e. Conflict Policy

f.Bargaining Policy

Unit-2
Teaching Hours:12
Concept of Public Policy
 

1.Idea of Public and Policy

2.Typologies of Policies

a.Distributive Policy

b.Redistributive Policy

c.Regulatory Policy

d.Constituent Policy

e. Conflict Policy

f.Bargaining Policy

Unit-2
Teaching Hours:12
Concept of Public Policy
 

1.Idea of Public and Policy

2.Typologies of Policies

a.Distributive Policy

b.Redistributive Policy

c.Regulatory Policy

d.Constituent Policy

e. Conflict Policy

f.Bargaining Policy

Unit-2
Teaching Hours:12
Concept of Public Policy
 

1.Idea of Public and Policy

2.Typologies of Policies

a.Distributive Policy

b.Redistributive Policy

c.Regulatory Policy

d.Constituent Policy

e. Conflict Policy

f.Bargaining Policy

Unit-3
Teaching Hours:12
The Policy Cycle
 

1.Stages of policy

2.Policy analysis

3.Public Problems and Policy alternatives

Unit-3
Teaching Hours:12
The Policy Cycle
 

1.Stages of policy

2.Policy analysis

3.Public Problems and Policy alternatives

Unit-3
Teaching Hours:12
The Policy Cycle
 

1.Stages of policy

2.Policy analysis

3.Public Problems and Policy alternatives

Unit-3
Teaching Hours:12
The Policy Cycle
 

1.Stages of policy

2.Policy analysis

3.Public Problems and Policy alternatives

Unit-3
Teaching Hours:12
The Policy Cycle
 

1.Stages of policy

2.Policy analysis

3.Public Problems and Policy alternatives

Unit-3
Teaching Hours:12
The Policy Cycle
 

1.Stages of policy

2.Policy analysis

3.Public Problems and Policy alternatives

Unit-3
Teaching Hours:12
The Policy Cycle
 

1.Stages of policy

2.Policy analysis

3.Public Problems and Policy alternatives

Unit-4
Teaching Hours:12
Planning of Developmental Policies
 

1.Public Policy and Institutions

2.Public Policy and Politics

3.Institutions: Government and Non-Government

4.Role of Civil Society

5.Good Governance

Unit-4
Teaching Hours:12
Planning of Developmental Policies
 

1.Public Policy and Institutions

2.Public Policy and Politics

3.Institutions: Government and Non-Government

4.Role of Civil Society

5.Good Governance

Unit-4
Teaching Hours:12
Planning of Developmental Policies
 

1.Public Policy and Institutions

2.Public Policy and Politics

3.Institutions: Government and Non-Government

4.Role of Civil Society

5.Good Governance

Unit-4
Teaching Hours:12
Planning of Developmental Policies
 

1.Public Policy and Institutions

2.Public Policy and Politics

3.Institutions: Government and Non-Government

4.Role of Civil Society

5.Good Governance

Unit-4
Teaching Hours:12
Planning of Developmental Policies
 

1.Public Policy and Institutions

2.Public Policy and Politics

3.Institutions: Government and Non-Government

4.Role of Civil Society

5.Good Governance

Unit-4
Teaching Hours:12
Planning of Developmental Policies
 

1.Public Policy and Institutions

2.Public Policy and Politics

3.Institutions: Government and Non-Government

4.Role of Civil Society

5.Good Governance

Unit-4
Teaching Hours:12
Planning of Developmental Policies
 

1.Public Policy and Institutions

2.Public Policy and Politics

3.Institutions: Government and Non-Government

4.Role of Civil Society

5.Good Governance

Unit-5
Teaching Hours:12
Developmental Policies
 

1.Economic and Financial Policy

2.Healthcare Policy

3.Welfare and Social Security Policy

4.Education Policy

5.Environment and Energy Policy

Unit-5
Teaching Hours:12
Developmental Policies
 

1.Economic and Financial Policy

2.Healthcare Policy

3.Welfare and Social Security Policy

4.Education Policy

5.Environment and Energy Policy

Unit-5
Teaching Hours:12
Developmental Policies
 

1.Economic and Financial Policy

2.Healthcare Policy

3.Welfare and Social Security Policy

4.Education Policy

5.Environment and Energy Policy

Unit-5
Teaching Hours:12
Developmental Policies
 

1.Economic and Financial Policy

2.Healthcare Policy

3.Welfare and Social Security Policy

4.Education Policy

5.Environment and Energy Policy

Unit-5
Teaching Hours:12
Developmental Policies
 

1.Economic and Financial Policy

2.Healthcare Policy

3.Welfare and Social Security Policy

4.Education Policy

5.Environment and Energy Policy

Unit-5
Teaching Hours:12
Developmental Policies
 

1.Economic and Financial Policy

2.Healthcare Policy

3.Welfare and Social Security Policy

4.Education Policy

5.Environment and Energy Policy

Unit-5
Teaching Hours:12
Developmental Policies
 

1.Economic and Financial Policy

2.Healthcare Policy

3.Welfare and Social Security Policy

4.Education Policy

5.Environment and Energy Policy

Text Books And Reference Books:

1.T. Dye, (1984) Understanding Public Policy, 5th Edition. U.S.A: Prentice Hall, pp. 1-44 The Oxford Handbook of Public Policy, OUP, 2006

2. Xun Wu, M.Ramesh, Michael Howlett and Scott Fritzen, The Public Policy Primer: Managing The Policy Process, Rutledge, 2010

3.Mary Jo Hatch and Ann .L. Cunliffe Organisation Theory: Modern, Symbolic and Postmodern Perspectives, Oxford University Press,200

4.Prabir Kumar De, Public Policy and Systems, Pearson Education, 2012 R.V. Vaidyanatha Ayyar, Public Policy Making In India, Pearson,2009

Essential Reading / Recommended Reading

1.Michael Howlett, Designing Public Policies: Principles And Instruments, Rutledge, 2011 The Oxford Handbook Of Public Policy, Oxford University Press, 2006

2.Surendra Munshi and Biju Paul Abraham [Eds.] Good Governance, Democratic Societies And Globalisation, Sage Publishers, 2004

Evaluation Pattern

CIA I – Class Test / Assignment / Presentation – 10%

CIA II – Mid Semester Examination – 25% 

CIA III – Research Topic – 10% 

Attendance – 05% 

End Semester Examination – 50% 

TOTAL 100%

LAW321 - GENDER, DIVERSITY, AND INCLUSION IN ORGANIZATIONAL MANAGEMENT (2023 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:4
Max Marks:100
Credits:4

Course Objectives/Course Description

 

Course description:

This course on Gender, Diversity and Inclusion in Organizational Management will concentrate on how gender and diversity in the workplace will influence structural inequalities in the organizational practice. This course explores the processes and practices of organizational change in this area. The programme addresses questions about strategy, culture and identity, leadership, and the inclusion of multiple stakeholders in organizational change. The course focuses on research methods to help you diagnose and solve policy problems, and design organizational interventions in the age of increasing migration and extremely heterogeneous workplace. 

 

Course Objectives:   

  1. This course will equip the students with knowledge of current developments in Organizational practices relating to Gender, Diversity and Inclusion.
  2. The course adds value as it strengthens communication & problem solving skill by practice of  persuasive, clear and succinct language developed through role play.
  3. The students will be able to develop an understanding of valuing all talent   and   using   everyone’s   full   potential   for   beneficial   effects   on individuals, organisations and society.

 

 

Learning Outcome

CO1: Analyze the challenges women face in workplace

CO2: Examine the need for gender diversity & gender balance as an organizational policy.

CO3: Assess reactions in social interactions in the workplace having acquired conceptual tools and experiential data.

CO4: develop knowledge and skill to address gender balance in organizations.

CO5: build a practical plan in gender balance in organizations through empirical research methods.

Unit-1
Teaching Hours:8
ADDRESSING UNCONSCIOUS BIAS
 

-          Gender Equality, Sexual Diversity and Arbitrary Discrimination

-          Basic Concepts and Definitions

-          Sexual Practices and Orientations

Unit-1
Teaching Hours:8
ADDRESSING UNCONSCIOUS BIAS
 

-          Gender Equality, Sexual Diversity and Arbitrary Discrimination

-          Basic Concepts and Definitions

-          Sexual Practices and Orientations

Unit-1
Teaching Hours:8
ADDRESSING UNCONSCIOUS BIAS
 

-          Gender Equality, Sexual Diversity and Arbitrary Discrimination

-          Basic Concepts and Definitions

-          Sexual Practices and Orientations

Unit-2
Teaching Hours:12
HISTORY OF THE FIGHT AGAINST DISCRIMINATION DUE TO GENDER AND SEXUAL ORIENTATION
 

-          History of the fight against Gender discrimination

-          History of the movement of Sexual Minorities

Unit-2
Teaching Hours:12
HISTORY OF THE FIGHT AGAINST DISCRIMINATION DUE TO GENDER AND SEXUAL ORIENTATION
 

-          History of the fight against Gender discrimination

-          History of the movement of Sexual Minorities

Unit-2
Teaching Hours:12
HISTORY OF THE FIGHT AGAINST DISCRIMINATION DUE TO GENDER AND SEXUAL ORIENTATION
 

-          History of the fight against Gender discrimination

-          History of the movement of Sexual Minorities

Unit-3
Teaching Hours:12
WOMEN RIGHTS AND INTERNATIONAL CONVENTIONS
 

 

-          International Rights of Women - A General Overview

o   CEDAW

o   UDHR

Unit-3
Teaching Hours:12
WOMEN RIGHTS AND INTERNATIONAL CONVENTIONS
 

 

-          International Rights of Women - A General Overview

o   CEDAW

o   UDHR

Unit-3
Teaching Hours:12
WOMEN RIGHTS AND INTERNATIONAL CONVENTIONS
 

 

-          International Rights of Women - A General Overview

o   CEDAW

o   UDHR

Unit-4
Teaching Hours:15
CRITICAL FORMS OF DISCRIMINATION
 

-          Women and Politics

-          Women and Work

-          Sexual Harassment

-          Femicide

-          Sexual Violence as an International Crime

Unit-4
Teaching Hours:15
CRITICAL FORMS OF DISCRIMINATION
 

-          Women and Politics

-          Women and Work

-          Sexual Harassment

-          Femicide

-          Sexual Violence as an International Crime

Unit-4
Teaching Hours:15
CRITICAL FORMS OF DISCRIMINATION
 

-          Women and Politics

-          Women and Work

-          Sexual Harassment

-          Femicide

-          Sexual Violence as an International Crime

Unit-5
Teaching Hours:13
DIVERSITY AND INCLUSION IN THE WORKPLACE
 

 

-          Impact of cognitive processes on what we see and how we react to our social environment

-          Diversity and Inclusion concepts

-          Diversity and Inclusion perceptions

-          Disrupting and Diversity

-          Diversity and Inclusion around the World

Unit-5
Teaching Hours:13
DIVERSITY AND INCLUSION IN THE WORKPLACE
 

 

-          Impact of cognitive processes on what we see and how we react to our social environment

-          Diversity and Inclusion concepts

-          Diversity and Inclusion perceptions

-          Disrupting and Diversity

-          Diversity and Inclusion around the World

Unit-5
Teaching Hours:13
DIVERSITY AND INCLUSION IN THE WORKPLACE
 

 

-          Impact of cognitive processes on what we see and how we react to our social environment

-          Diversity and Inclusion concepts

-          Diversity and Inclusion perceptions

-          Disrupting and Diversity

-          Diversity and Inclusion around the World

Text Books And Reference Books:

 

  1. Lloyd's Introduction to Jurisprudence
  2. MY OWN WORDS – by Ruth Bader Ginsburg
  3. Decisions and Dissents of Justice Ruth Bader Ginsburg
  4. Text, cases, and materials on sex-based discrimination, Responsibility by Kenneth M. Davidson, Ruth Bader Ginsburg [and] Herma Hill Kay.
  5. The Feminine Mystique (Penguin Modern Classics) By Betty Friedan
  6. The Second Sex by Simone De Beauvoir (Author), Constance Borde (Translator), & 1 More
  7. Law and Gender Inequality: The Politics of Women’s Rights in India – Flavia Agnes
  8. What is Patriarchy – Kamla Bhasin
  9. We Should All Be Feminists Paperback by Chimamanda Ngozi Adichie
  10. THE WAY PAVERS: ELEVEN SUPREME COURT-WORTHY WOMEN, MEG PENROSE- https://harvardjlg.com/wp-content/uploads/sites/19/2018/08/Meg-Penrose-Way-Pavers-JLG-Online-Content.pdf
  11. The Role of Women Judges and a Gender Perspective in Ensuring Judicial Independence and Integrity, By Judge Vanessa Ruizhttps://www.unodc.org/dohadeclaration/en/news/2019/01/the-role-of-women-judges-and-a-gender-perspective-in-ensuring-judicial-independence-and-integrity.html
  12. Handmaid’s Tale by Margaret Atwood
  13. Chup: Breaking the Silence About India’s Women – Deepa Narayan
  14. Seeing like a feminist – Nivedita Menon
  15. Mapping Dalit Feminism: Towards an Intersectional Standpoint – Anandita Pan
  16. Writing Caste/Writing Gender Narrating Dalit Women s Testimonios – Sharmila Rege
  17. Me Hijra, Me Laxmi – Laxmi Narayan Tripathi
  18. Why Loiter? – Shilpa Phadke
  19. The Vigil – Sarah Joseph
  20. Women Contesting Culture: Changing Frames of Gender Politics in India – Kavita Panjabi, Paromita Chakravarti

 

Essential Reading / Recommended Reading

 

1.      Jawad Syed & Mustafa F Ozbilgin, Managing Diversity and Inclusion: An International Perspective, Sage, January 2015

2.      Bond, M. A., & Pyle, J. L. (1998). Diversity dilemmas at work. Journal of Management Inquiry,7(3), 252–269.

3.      Brown, D., Minor, C. W., & Jepsen, D. A. (1991). The opinions of minorities about preparing for work: Report of the second NCDA national survey. The Career Development Quarterly, 40(1), 5–19.

4.      Carrell, M. R., & Mann, E. E. (1995). Defining workforce diversity in public sector organizations. Public Personnel Management, 24(1), 99–111.

5.      Chemers, M. M., Oskamp, S., & Costanzo, M. A. (1995). Diversity in organizations: New

6.      perspectives for a changing workplace. Thousand Oaks, CA: Sage.

7.      Chen, C. C., & Eastman, W. (1997). Toward a civic culture for multicultural organizations. The Journal of Applied Behavioral Science, 33(4), 454–470.

8.      Christian, J., Porter, L. W., & Moffitt, G. (2006). Workplace diversity and group relations: An

9.      overview. Group Processes & Intergroup Relations, 9(4), 459–466.

10.  Coates, J. F. (2006). An increasingly diverse workforce makes traditional diversity programs passe.

11.  Employment Relations Today, 33(1), 1–8., Coleman, V. D., & Barker, S. A. (1992). A model of career development for a multicultural work force. International Journal for the Advancement of Counselling, 15(3), 187–195.

12.  Cox, T., Jr., (1993). Cultural diversity in organizations: Theory, research & practice. San Francisco: Berrett-Koehler.

13.  Cox, T., Jr. (2001). Creating the multicultural organization: A strategy for capturing the power of diversity. San Francisco: Jossey-Bass.

14.  Dose, J. J., & Klimoski, R. J. (1999). The diversity of diversity: Work values effects on formative team processes. Human Resource Management Review, 9(1), 83–108.

15.  Easley, C. A. (2001). Developing valuing and managing diversity in the new millennium. Organization Development Journal, 19(4), 38–50.

 

 

Evaluation Pattern

Evaluation Scheme:

CIA I – Class Test / Assignment / Presentation                – 10%

CIA II – Mid Semester Examination                                      – 25%

CIA III – Research Topic                                                         – 10%

Attendance                                                                                – 05%

End Semester Examination                                                    – 50%

TOTAL                                                                                       100%

 

LAW322 - MARKETING MANAGEMENT (2023 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:4
Max Marks:100
Credits:4

Course Objectives/Course Description

 

·      Course Description:  

    The course examines managerial issues surrounding Marketing Management.

It involves students in specific learning exercises that simulate ‘real world’ activities that marketing managers partake in on a regular basis

 

 To Course Objectives

 TO  understand the basic  concepts of marketing management

 

·       To learn relevant functional areas of marketing management and its application for different types of products and services

·       To understand the tools used by marketing managers in decision situations and in resolving marketing problems.

·       To understand the relationship and impact of product and service decisions with those on pricing, distribution and promotion.

 

·

 

Learning Outcome

CO1: Students will demonstrate strong conceptual knowledge in the concepts of marketing management

CO2: Students will examine the relevant functional areas of marketing management and its application

CO3: Students will be able to analytically identify and analyse the problems pertaining to marketing management.

CO4: Students will be able to integrate and evaluate product and service decisions with those on pricing, distribution and promotion - and why this is necessary.

Unit-1
Teaching Hours:6
Introduction to Marketing.
 

The Marketing process- Understanding Market place and Customer needs. Designing a customer driven marketing Strategy, Capturing Value from Customers The changing Marketing Landscape.

Unit-1
Teaching Hours:6
Introduction to Marketing.
 

The Marketing process- Understanding Market place and Customer needs. Designing a customer driven marketing Strategy, Capturing Value from Customers The changing Marketing Landscape.

Unit-1
Teaching Hours:6
Introduction to Marketing.
 

The Marketing process- Understanding Market place and Customer needs. Designing a customer driven marketing Strategy, Capturing Value from Customers The changing Marketing Landscape.

Unit-2
Teaching Hours:8
Company and marketing Strategy
 

Companywide Strategic Planning- BCG Matrix- Partnering to build Customer relationship. Marketing Mix. Managing the marketing Effort

Unit-2
Teaching Hours:8
Company and marketing Strategy
 

Companywide Strategic Planning- BCG Matrix- Partnering to build Customer relationship. Marketing Mix. Managing the marketing Effort

Unit-2
Teaching Hours:8
Company and marketing Strategy
 

Companywide Strategic Planning- BCG Matrix- Partnering to build Customer relationship. Marketing Mix. Managing the marketing Effort

Unit-3
Teaching Hours:10
Marketing Environment
 

Micro Environment, Macro Environment,

Demographic – Economic- Natural,

Technological Political and Social Environment

Unit-3
Teaching Hours:10
Marketing Environment
 

Micro Environment, Macro Environment,

Demographic – Economic- Natural,

Technological Political and Social Environment

Unit-3
Teaching Hours:10
Marketing Environment
 

Micro Environment, Macro Environment,

Demographic – Economic- Natural,

Technological Political and Social Environment

Unit-4
Teaching Hours:8
Consumer Buyer Behavior
 

Models- Characteristics- Types of Buying Decision Behavior- The Buyer Decision Process- Market Segmentation- Target markets

Unit-4
Teaching Hours:8
Consumer Buyer Behavior
 

Models- Characteristics- Types of Buying Decision Behavior- The Buyer Decision Process- Market Segmentation- Target markets

Unit-4
Teaching Hours:8
Consumer Buyer Behavior
 

Models- Characteristics- Types of Buying Decision Behavior- The Buyer Decision Process- Market Segmentation- Target markets

Unit-5
Teaching Hours:10
New product development
 

Managing New Product Development- Product Life Cycle- Branding decisions

Unit-5
Teaching Hours:10
New product development
 

Managing New Product Development- Product Life Cycle- Branding decisions

Unit-5
Teaching Hours:10
New product development
 

Managing New Product Development- Product Life Cycle- Branding decisions

Unit-6
Teaching Hours:6
Pricing
 

Factors to be considered- Pricing Strategies- Price Changes- Public Policy and Pricing.-

Products and service decisions-  Service marketing

Unit-6
Teaching Hours:6
Pricing
 

Factors to be considered- Pricing Strategies- Price Changes- Public Policy and Pricing.-

Products and service decisions-  Service marketing

Unit-6
Teaching Hours:6
Pricing
 

Factors to be considered- Pricing Strategies- Price Changes- Public Policy and Pricing.-

Products and service decisions-  Service marketing

Unit-7
Teaching Hours:6
Marketing Channels
 

Nature & Importance, Channel Management decisions- retailing and Wholesaling- Product Line

Unit-7
Teaching Hours:6
Marketing Channels
 

Nature & Importance, Channel Management decisions- retailing and Wholesaling- Product Line

Unit-7
Teaching Hours:6
Marketing Channels
 

Nature & Importance, Channel Management decisions- retailing and Wholesaling- Product Line

Unit-8
Teaching Hours:6
Promotion
 

Personal selling /Sales Promotion- Direct marketing Model- Customer data Base- Online Marketing

Unit-8
Teaching Hours:6
Promotion
 

Personal selling /Sales Promotion- Direct marketing Model- Customer data Base- Online Marketing

Unit-8
Teaching Hours:6
Promotion
 

Personal selling /Sales Promotion- Direct marketing Model- Customer data Base- Online Marketing

Text Books And Reference Books:

Kotler, Philip and Gary, Armstrong.(2012). Principles of marketing, Pearson publication

Evans,  R.  and Berman,Barry. (2012).Marketing in 21stcentury,Oxford publication.

W. D. Perreault, Jr., J.P Cannon, and E. J. McCarthy (2009). Basic Marketing: A Marketing Strategy and Planning Approach, 17th ed., Irwin/McGraw Hill.

Tong, H., & Taylor, R. J. (2008). Marketing lessons that will help shape the future. Journal of Marketing, 33 (2), 189196.

Tong, H., & Taylor, R. J. (2008). Marketing lessons that will help shape the future.

Essential Reading / Recommended Reading

Kotler, Keller,Koshy,Jha(2014). Marketing Management, 13th Edition,  Pearson publication

Evaluation Pattern

CIA 1  Individual Assignment   10%

CIA 2   Mid term Test  25%

CIA 3    Group Presentation10%

Attendance 5%

End Semester 50% 

LAW333 - LAW AND ECONOMICS (2023 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:4
Max Marks:100
Credits:4

Course Objectives/Course Description

 

Course Descripton:

The guiding principle of this course is to provide the students with a solid grounding in the economic analysis of law, and pans out into 6 modules. Module 1 is designed with the intention of giving a glimpse of the historical evolution of the Law and Economics movement and introduces certain fundamental concepts of Economics used in legal analysis. Module 2 aims to show that free market economy alone is not solution for efficient allocation of resources. Market economy imperfections are reflected in a monopoly market and the student is made aware of the need for regulation of Monopoly. The module covers much of the economic theory behind antitrust law. Module 3 intends to give an economic perspective on patents, copyrights and trademarks. Module 4 presents the basic economic theory linking contract formation with increases in efficiency and whether or not contract doctrine can be squared with economic interests. The premise of Module 5 is to familiarize students with economic reasoning of tort damages, and gives practical insight into the different forms of liability. Module 6 helps in understanding the factors behind increasing crime rate. It brings into light different techniques which can be used to control crime rate.

Course Objectives:

Economic policies and criteria have always been the citadel on which the edifice of law is built. The objectives of the course are multidimensional- to introduce and equip the students with the fundamentals of economic analysis of law, to familiarize students with the “Law and Economics” methodology, to enable them to evaluate the efficiency of legal rules in relation to Property, Contracts, Torts and Criminal Law and to help students analyse public policies for dealing with problems arising in markets where competitive forces are weak. This relationship is more pronounced in our country where welfarism is one of the features of the basic structure doctrine. This course is also designed to introduce the students to this nexus between law and economic regulation and its need in the globalized world.

Learning Outcome

CO1: Express and understand the economic approach to law as well as microeconomic tools and concepts used in legal analysis

CO2: Apply the tools of Economics with the aim of enhancing their analytical skills and help them to assess the desirability of laws/rules/regulations in unregulated monopolies

CO3: Analyze the role of cost-benefit analysis within the legal framework in achieving the larger goal of human well being

CO4: Evaluate and assess the importance of economic analysis in policy making and advisory functions in criminal, torts and contract law and serve as a subject matter expert on various forums.

Unit-1
Teaching Hours:10
Introduction to Law and Economics
 

Introduction to and a brief history of Law and Economics, The nature of economic reasoning, the economic approach, Ex Post vs Ex ante reasoning, fundamental concepts of economics used in legal analysis, The Theory of Second Best

Unit-1
Teaching Hours:10
Introduction to Law and Economics
 

Introduction to and a brief history of Law and Economics, The nature of economic reasoning, the economic approach, Ex Post vs Ex ante reasoning, fundamental concepts of economics used in legal analysis, The Theory of Second Best

Unit-1
Teaching Hours:10
Introduction to Law and Economics
 

Introduction to and a brief history of Law and Economics, The nature of economic reasoning, the economic approach, Ex Post vs Ex ante reasoning, fundamental concepts of economics used in legal analysis, The Theory of Second Best

Unit-1
Teaching Hours:10
Introduction to Law and Economics
 

Introduction to and a brief history of Law and Economics, The nature of economic reasoning, the economic approach, Ex Post vs Ex ante reasoning, fundamental concepts of economics used in legal analysis, The Theory of Second Best

Unit-1
Teaching Hours:10
Introduction to Law and Economics
 

Introduction to and a brief history of Law and Economics, The nature of economic reasoning, the economic approach, Ex Post vs Ex ante reasoning, fundamental concepts of economics used in legal analysis, The Theory of Second Best

Unit-1
Teaching Hours:10
Introduction to Law and Economics
 

Introduction to and a brief history of Law and Economics, The nature of economic reasoning, the economic approach, Ex Post vs Ex ante reasoning, fundamental concepts of economics used in legal analysis, The Theory of Second Best

Unit-2
Teaching Hours:10
The Economics of Antitrust Policy
 

The competitive extremes of Perfect Competition and Monopoly, alternative theories of economic regulation, the deregulation movement, antitrust law and enforcement, characteristics of markets with a predisposition to price fixing, how to identify cartelization, resale price maintenance, mergers that create monopolies or oligopolies, market power, market definition, potential competition, predation, foreclosure, tie-ins, bundling and barriers to entry, antitrust and the new economy

Unit-2
Teaching Hours:10
The Economics of Antitrust Policy
 

The competitive extremes of Perfect Competition and Monopoly, alternative theories of economic regulation, the deregulation movement, antitrust law and enforcement, characteristics of markets with a predisposition to price fixing, how to identify cartelization, resale price maintenance, mergers that create monopolies or oligopolies, market power, market definition, potential competition, predation, foreclosure, tie-ins, bundling and barriers to entry, antitrust and the new economy

Unit-2
Teaching Hours:10
The Economics of Antitrust Policy
 

The competitive extremes of Perfect Competition and Monopoly, alternative theories of economic regulation, the deregulation movement, antitrust law and enforcement, characteristics of markets with a predisposition to price fixing, how to identify cartelization, resale price maintenance, mergers that create monopolies or oligopolies, market power, market definition, potential competition, predation, foreclosure, tie-ins, bundling and barriers to entry, antitrust and the new economy

Unit-2
Teaching Hours:10
The Economics of Antitrust Policy
 

The competitive extremes of Perfect Competition and Monopoly, alternative theories of economic regulation, the deregulation movement, antitrust law and enforcement, characteristics of markets with a predisposition to price fixing, how to identify cartelization, resale price maintenance, mergers that create monopolies or oligopolies, market power, market definition, potential competition, predation, foreclosure, tie-ins, bundling and barriers to entry, antitrust and the new economy

Unit-2
Teaching Hours:10
The Economics of Antitrust Policy
 

The competitive extremes of Perfect Competition and Monopoly, alternative theories of economic regulation, the deregulation movement, antitrust law and enforcement, characteristics of markets with a predisposition to price fixing, how to identify cartelization, resale price maintenance, mergers that create monopolies or oligopolies, market power, market definition, potential competition, predation, foreclosure, tie-ins, bundling and barriers to entry, antitrust and the new economy

Unit-2
Teaching Hours:10
The Economics of Antitrust Policy
 

The competitive extremes of Perfect Competition and Monopoly, alternative theories of economic regulation, the deregulation movement, antitrust law and enforcement, characteristics of markets with a predisposition to price fixing, how to identify cartelization, resale price maintenance, mergers that create monopolies or oligopolies, market power, market definition, potential competition, predation, foreclosure, tie-ins, bundling and barriers to entry, antitrust and the new economy

Unit-3
Teaching Hours:10
The Economics of Intellectual Property
 

The economic rationale, patents and innovation, limiting protection, the doctrine of equivalents, fair use doctrine, duration, remedies, economic function of trademarks

Unit-3
Teaching Hours:10
The Economics of Intellectual Property
 

The economic rationale, patents and innovation, limiting protection, the doctrine of equivalents, fair use doctrine, duration, remedies, economic function of trademarks

Unit-3
Teaching Hours:10
The Economics of Intellectual Property
 

The economic rationale, patents and innovation, limiting protection, the doctrine of equivalents, fair use doctrine, duration, remedies, economic function of trademarks

Unit-3
Teaching Hours:10
The Economics of Intellectual Property
 

The economic rationale, patents and innovation, limiting protection, the doctrine of equivalents, fair use doctrine, duration, remedies, economic function of trademarks

Unit-3
Teaching Hours:10
The Economics of Intellectual Property
 

The economic rationale, patents and innovation, limiting protection, the doctrine of equivalents, fair use doctrine, duration, remedies, economic function of trademarks

Unit-3
Teaching Hours:10
The Economics of Intellectual Property
 

The economic rationale, patents and innovation, limiting protection, the doctrine of equivalents, fair use doctrine, duration, remedies, economic function of trademarks

Unit-4
Teaching Hours:10
The Economics of Enforcing Promises
 

The economics of exchange, the specific functions of Contract Law, the economics of contract formation- capacity, duress, offer and acceptance, The consideration requirement

Contract Law and distributive goals- exculpatory provisions, Unconscionability, contract remedies- the efficient breach, specific performance, liquidated damages, the lost volume seller, Breach and excuses for Non-Performance

Unit-4
Teaching Hours:10
The Economics of Enforcing Promises
 

The economics of exchange, the specific functions of Contract Law, the economics of contract formation- capacity, duress, offer and acceptance, The consideration requirement

Contract Law and distributive goals- exculpatory provisions, Unconscionability, contract remedies- the efficient breach, specific performance, liquidated damages, the lost volume seller, Breach and excuses for Non-Performance

Unit-4
Teaching Hours:10
The Economics of Enforcing Promises
 

The economics of exchange, the specific functions of Contract Law, the economics of contract formation- capacity, duress, offer and acceptance, The consideration requirement

Contract Law and distributive goals- exculpatory provisions, Unconscionability, contract remedies- the efficient breach, specific performance, liquidated damages, the lost volume seller, Breach and excuses for Non-Performance

Unit-4
Teaching Hours:10
The Economics of Enforcing Promises
 

The economics of exchange, the specific functions of Contract Law, the economics of contract formation- capacity, duress, offer and acceptance, The consideration requirement

Contract Law and distributive goals- exculpatory provisions, Unconscionability, contract remedies- the efficient breach, specific performance, liquidated damages, the lost volume seller, Breach and excuses for Non-Performance

Unit-4
Teaching Hours:10
The Economics of Enforcing Promises
 

The economics of exchange, the specific functions of Contract Law, the economics of contract formation- capacity, duress, offer and acceptance, The consideration requirement

Contract Law and distributive goals- exculpatory provisions, Unconscionability, contract remedies- the efficient breach, specific performance, liquidated damages, the lost volume seller, Breach and excuses for Non-Performance

Unit-4
Teaching Hours:10
The Economics of Enforcing Promises
 

The economics of exchange, the specific functions of Contract Law, the economics of contract formation- capacity, duress, offer and acceptance, The consideration requirement

Contract Law and distributive goals- exculpatory provisions, Unconscionability, contract remedies- the efficient breach, specific performance, liquidated damages, the lost volume seller, Breach and excuses for Non-Performance

Unit-5
Teaching Hours:10
Economics of Tort Law
 
  • The Costs of Accidents and the Economics of Tort Law Liability, the Assignment of Rights and Externalities, The Negligence Standard- the Hand Formula, distributive consequences

    Contributory Negligence and Comparative Negligence, Assumption of the Risk, Strict Liability-efficiency and strict liability, risk-aversion and loss spreading, duty to rescue

    Damages-the collateral source rule, future losses, hedonic losses, punitive damages

Unit-5
Teaching Hours:10
Economics of Tort Law
 
  • The Costs of Accidents and the Economics of Tort Law Liability, the Assignment of Rights and Externalities, The Negligence Standard- the Hand Formula, distributive consequences

    Contributory Negligence and Comparative Negligence, Assumption of the Risk, Strict Liability-efficiency and strict liability, risk-aversion and loss spreading, duty to rescue

    Damages-the collateral source rule, future losses, hedonic losses, punitive damages

Unit-5
Teaching Hours:10
Economics of Tort Law
 
  • The Costs of Accidents and the Economics of Tort Law Liability, the Assignment of Rights and Externalities, The Negligence Standard- the Hand Formula, distributive consequences

    Contributory Negligence and Comparative Negligence, Assumption of the Risk, Strict Liability-efficiency and strict liability, risk-aversion and loss spreading, duty to rescue

    Damages-the collateral source rule, future losses, hedonic losses, punitive damages

Unit-5
Teaching Hours:10
Economics of Tort Law
 
  • The Costs of Accidents and the Economics of Tort Law Liability, the Assignment of Rights and Externalities, The Negligence Standard- the Hand Formula, distributive consequences

    Contributory Negligence and Comparative Negligence, Assumption of the Risk, Strict Liability-efficiency and strict liability, risk-aversion and loss spreading, duty to rescue

    Damages-the collateral source rule, future losses, hedonic losses, punitive damages

Unit-5
Teaching Hours:10
Economics of Tort Law
 
  • The Costs of Accidents and the Economics of Tort Law Liability, the Assignment of Rights and Externalities, The Negligence Standard- the Hand Formula, distributive consequences

    Contributory Negligence and Comparative Negligence, Assumption of the Risk, Strict Liability-efficiency and strict liability, risk-aversion and loss spreading, duty to rescue

    Damages-the collateral source rule, future losses, hedonic losses, punitive damages

Unit-5
Teaching Hours:10
Economics of Tort Law
 
  • The Costs of Accidents and the Economics of Tort Law Liability, the Assignment of Rights and Externalities, The Negligence Standard- the Hand Formula, distributive consequences

    Contributory Negligence and Comparative Negligence, Assumption of the Risk, Strict Liability-efficiency and strict liability, risk-aversion and loss spreading, duty to rescue

    Damages-the collateral source rule, future losses, hedonic losses, punitive damages

Unit-6
Teaching Hours:10
Economic Analysis of Criminal Law
 

Why have Criminal Law- creating an incentive for market exchanges, Criminal Law and externalities

Criminal Law and behavior, administering criminal sanctions- the optimal level of criminal sanctions, deterrence options, criminal procedure

Unit-6
Teaching Hours:10
Economic Analysis of Criminal Law
 

Why have Criminal Law- creating an incentive for market exchanges, Criminal Law and externalities

Criminal Law and behavior, administering criminal sanctions- the optimal level of criminal sanctions, deterrence options, criminal procedure

Unit-6
Teaching Hours:10
Economic Analysis of Criminal Law
 

Why have Criminal Law- creating an incentive for market exchanges, Criminal Law and externalities

Criminal Law and behavior, administering criminal sanctions- the optimal level of criminal sanctions, deterrence options, criminal procedure

Unit-6
Teaching Hours:10
Economic Analysis of Criminal Law
 

Why have Criminal Law- creating an incentive for market exchanges, Criminal Law and externalities

Criminal Law and behavior, administering criminal sanctions- the optimal level of criminal sanctions, deterrence options, criminal procedure

Unit-6
Teaching Hours:10
Economic Analysis of Criminal Law
 

Why have Criminal Law- creating an incentive for market exchanges, Criminal Law and externalities

Criminal Law and behavior, administering criminal sanctions- the optimal level of criminal sanctions, deterrence options, criminal procedure

Unit-6
Teaching Hours:10
Economic Analysis of Criminal Law
 

Why have Criminal Law- creating an incentive for market exchanges, Criminal Law and externalities

Criminal Law and behavior, administering criminal sanctions- the optimal level of criminal sanctions, deterrence options, criminal procedure

Text Books And Reference Books:
  1. Posner, Richard A. Economic Analysis of Law 7th ed., New York: Wolters Law & Business, Aspen Publishers, 2007.
  2. Cooter, Robert, and Thomas Ulen. Law & Economics 6th ed. Delhi: First Indian Reprint, Eastern Book Company, 2004.
  3. Polinsky, Mitchell A. An Introduction to Law and Economics 3rd ed, Aspen Publishers, 2003.
  4. Shavell,Steven. Economic Analysis of Law, Foundation Press,2004
  5. Veljanovski, Cento. Economic Principles of Law, Cambridge University Press, 2007.
  6. Jeffrey L Harrison. Law and Economics in a Nutshell, West, 2011
Essential Reading / Recommended Reading

1.     Law or Economics? , George J Stigler

2.     The Problem of Social Cost, Ronald H Coase

3.     The Law and Economics Movement, Richard A Posner

4.     Law and Economics: The Road Not Taken, John J Donohue III

5.     The Applicability of Law and Economics to Policymaking in the Third World, N S Makgetla and R B Seidman

6.     Social Norms, Social Meaning, and Economic Analysis of Law: A Comment, Richard A Posner

7.     Economics and the Law: A Critical Review of the Foundations of the Economic Approach to aw, Jules L Coleman

8.     Monopoly in Law and Economics, Edward S Mason

9.     Individualism, Competitive Economics and The Common Law, James D Bassler

10.  Legal Theory and The Economic Analysis of Torts and Crimes, Alvin K Klevorick

11.  Trial Courts: An Economic Perspective, Robert D Cooter and Daniel L Rubinfeld

12.  Law, Economics and Inefficient Norms, Eric A Posner

13.  Crime and Punishment: An Economic Approach, Gary S Becker

14.  The Law and Economics Approach to Contract Theory, Alan Schwartz

15.  A Law and Economics Perspective on Terrorism, N Garoupa, J Klick and F Parisi

16.  Legalizing Drugs: Lessons from (and about) Economics, Kenneth E Warner

Evaluation Pattern

CIA I

CIA II

CIA III

ESE

Attendance

20 marks

50 marks

20 marks

100 marks

 

10%

25%

10%

50%

5%

LAW354 - CONSTITUTIONAL LAW I (2023 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

Constitution is a document having a special legal sanctity which sets out the framework and the principal functions of the organs of the Government within the State and declares the principles by which those organs must operate. The Constitution refers to the whole system of the governance of a country and the collection of rules which establish and regulate or govern the Government. Constitution is the mechanism under which the laws are to be made and not merely an Act which declares what the law is to be. The principle of constitutionalism requires control over the exercise of governmental power to ensure that it does not destroy the democratic principles upon which it is based. These democratic principles include the protection of fundamental rights. India  is  a  democracy  and  its  Constitution  embodies  the  main  principles  of  the democratic Government. It is the founding document and considered as supreme law of nation. For governance of the nation, it creates various organs recognizing the Fundamental Rights of men.

In light of the above, Unit 1 will familiarize the students with the basic concepts and the salient feature of the Constitution of India. Unit 2 discusses the rights guaranteed to the citizens and person and explains the origin of human rights through different historical struggles. This Unit would be mainly dealing with the accountability of the state to protect the sacrosanct fundamental rights. It further deals with the concept of State and Fundamental Right to equality, its origin, development and its place in Indian Constitution. Unit 3 discusses the Fundamental Rights to Freedom of speech and expression etc., Right to life and personal liberty provided in Part III. The students would be acquainted with the principle of liberty, freedom and how these concepts have been balanced vis-a-vis the interest of the State. Unit 4 will narrate the importance of Directive Principles of State policy and its interaction along with the Fundamental Rights. It also narrates the political history of a major constitutional struggle between the judiciary and the state that explains the development of the Doctrine of Basic Structure.

Course Objectives:

1. Students will study the basics of Constitutional Law and the salient features of the Constitution of India

2. Students will be familiarized with the leading case laws and legislative changes to the provisions of the Constitution

3. Students will learn the diverse principles of judicial interpretation that constructs notions of 'state', law' and 'law in force'.

4. Students will understand the nature and scope the rights to freedom, life , personal liberty and due process.

5. Students will learn the applicability of the directive principles of state policy.

Learning Outcome

CO1: To explain, apply the concepts and evaluate the nature and basic features of the Constitution of India.

CO2: Analyse and sort out the diverse judicial tests used to determine the constitutionality of state action.

CO3: Compare the constitutional relationship between the rights enumerated under Articles 14, 19 and 21 of the Constitution of India.

CO4: Evaluate the idea of welfare state by amalgamating the harmonious impact of Fundamental Rights and Directive Principles of State Policy.

UNIT 1
Teaching Hours:6
INTRODUCTION
 

Constitutional Law; Constitutionalism; Rule of Law; Historical Perspective; Salient Features of the Indian Constitutions; Fundamental Law; Preamble.

UNIT 1
Teaching Hours:6
INTRODUCTION
 

Constitutional Law; Constitutionalism; Rule of Law; Historical Perspective; Salient Features of the Indian Constitutions; Fundamental Law; Preamble.

UNIT 1
Teaching Hours:6
INTRODUCTION
 

Constitutional Law; Constitutionalism; Rule of Law; Historical Perspective; Salient Features of the Indian Constitutions; Fundamental Law; Preamble.

UNIT 1
Teaching Hours:6
INTRODUCTION
 

Constitutional Law; Constitutionalism; Rule of Law; Historical Perspective; Salient Features of the Indian Constitutions; Fundamental Law; Preamble.

UNIT 1
Teaching Hours:6
INTRODUCTION
 

Constitutional Law; Constitutionalism; Rule of Law; Historical Perspective; Salient Features of the Indian Constitutions; Fundamental Law; Preamble.

UNIT 1
Teaching Hours:6
INTRODUCTION
 

Constitutional Law; Constitutionalism; Rule of Law; Historical Perspective; Salient Features of the Indian Constitutions; Fundamental Law; Preamble.

UNIT 2
Teaching Hours:20
FUNDAMENTAL RIGHTS
 

Introduction; Concept Origin and Development; Magna Carta; The English Bill of Rights of 1689; The American Bill of Rights of 1791 The French Declaration of Rights of Man; The Universal Declaration of Human Rights, 1948, Need Fundamental Rights in India; Classification; State and Fundamental Rights (Article 12); Justifiability of Fundamental Rights (Article 13); Unconstitutionality of a Statute; Doctrine of Eclipse; Doctrine of Severability; Waiver of Fundamental Rights; Right to Equality (Articles 14-18); Equality Before Law and Equal Protection of Law (Article 14); Rule of Law Under Article 14; Rule of Law Under Article 14; Reasonable Classification; Administrative Discretion and Article 14; Reservation in India; Mandal Commission and Its Effect

UNIT 2
Teaching Hours:20
FUNDAMENTAL RIGHTS
 

Introduction; Concept Origin and Development; Magna Carta; The English Bill of Rights of 1689; The American Bill of Rights of 1791 The French Declaration of Rights of Man; The Universal Declaration of Human Rights, 1948, Need Fundamental Rights in India; Classification; State and Fundamental Rights (Article 12); Justifiability of Fundamental Rights (Article 13); Unconstitutionality of a Statute; Doctrine of Eclipse; Doctrine of Severability; Waiver of Fundamental Rights; Right to Equality (Articles 14-18); Equality Before Law and Equal Protection of Law (Article 14); Rule of Law Under Article 14; Rule of Law Under Article 14; Reasonable Classification; Administrative Discretion and Article 14; Reservation in India; Mandal Commission and Its Effect

UNIT 2
Teaching Hours:20
FUNDAMENTAL RIGHTS
 

Introduction; Concept Origin and Development; Magna Carta; The English Bill of Rights of 1689; The American Bill of Rights of 1791 The French Declaration of Rights of Man; The Universal Declaration of Human Rights, 1948, Need Fundamental Rights in India; Classification; State and Fundamental Rights (Article 12); Justifiability of Fundamental Rights (Article 13); Unconstitutionality of a Statute; Doctrine of Eclipse; Doctrine of Severability; Waiver of Fundamental Rights; Right to Equality (Articles 14-18); Equality Before Law and Equal Protection of Law (Article 14); Rule of Law Under Article 14; Rule of Law Under Article 14; Reasonable Classification; Administrative Discretion and Article 14; Reservation in India; Mandal Commission and Its Effect

UNIT 2
Teaching Hours:20
FUNDAMENTAL RIGHTS
 

Introduction; Concept Origin and Development; Magna Carta; The English Bill of Rights of 1689; The American Bill of Rights of 1791 The French Declaration of Rights of Man; The Universal Declaration of Human Rights, 1948, Need Fundamental Rights in India; Classification; State and Fundamental Rights (Article 12); Justifiability of Fundamental Rights (Article 13); Unconstitutionality of a Statute; Doctrine of Eclipse; Doctrine of Severability; Waiver of Fundamental Rights; Right to Equality (Articles 14-18); Equality Before Law and Equal Protection of Law (Article 14); Rule of Law Under Article 14; Rule of Law Under Article 14; Reasonable Classification; Administrative Discretion and Article 14; Reservation in India; Mandal Commission and Its Effect

UNIT 2
Teaching Hours:20
FUNDAMENTAL RIGHTS
 

Introduction; Concept Origin and Development; Magna Carta; The English Bill of Rights of 1689; The American Bill of Rights of 1791 The French Declaration of Rights of Man; The Universal Declaration of Human Rights, 1948, Need Fundamental Rights in India; Classification; State and Fundamental Rights (Article 12); Justifiability of Fundamental Rights (Article 13); Unconstitutionality of a Statute; Doctrine of Eclipse; Doctrine of Severability; Waiver of Fundamental Rights; Right to Equality (Articles 14-18); Equality Before Law and Equal Protection of Law (Article 14); Rule of Law Under Article 14; Rule of Law Under Article 14; Reasonable Classification; Administrative Discretion and Article 14; Reservation in India; Mandal Commission and Its Effect

UNIT 2
Teaching Hours:20
FUNDAMENTAL RIGHTS
 

Introduction; Concept Origin and Development; Magna Carta; The English Bill of Rights of 1689; The American Bill of Rights of 1791 The French Declaration of Rights of Man; The Universal Declaration of Human Rights, 1948, Need Fundamental Rights in India; Classification; State and Fundamental Rights (Article 12); Justifiability of Fundamental Rights (Article 13); Unconstitutionality of a Statute; Doctrine of Eclipse; Doctrine of Severability; Waiver of Fundamental Rights; Right to Equality (Articles 14-18); Equality Before Law and Equal Protection of Law (Article 14); Rule of Law Under Article 14; Rule of Law Under Article 14; Reasonable Classification; Administrative Discretion and Article 14; Reservation in India; Mandal Commission and Its Effect

UNIT 3
Teaching Hours:20
FUNDAMENTAL RIGHTS
 

Right to Freedom (Articles 19-22); Right to Freedom (Article 19); Protection Against Conviction (Article 20); Ex Post Facto Law; Double Jeopardy; Prohibition Against Self-Incrimination; Protection of Life and Personal Liberty (Article 21); Right to Education (Article 21-A); Safeguards Against Arbitrary Arrest and Detention (Article 25-28); Cultural and Educational Rights (Articles 29-30).

Right to Property - Article 19(1) (f) and 19 (5) Article 31; Inter-Relation of – Article 31, Article 14 and Article 19(1) (f); Article 31-A and the Saving Clause; Article 31- B and the Ninth Schedule; Article 31-C, Article 300-A.constitutional law-making

UNIT 3
Teaching Hours:20
FUNDAMENTAL RIGHTS
 

Right to Freedom (Articles 19-22); Right to Freedom (Article 19); Protection Against Conviction (Article 20); Ex Post Facto Law; Double Jeopardy; Prohibition Against Self-Incrimination; Protection of Life and Personal Liberty (Article 21); Right to Education (Article 21-A); Safeguards Against Arbitrary Arrest and Detention (Article 25-28); Cultural and Educational Rights (Articles 29-30).

Right to Property - Article 19(1) (f) and 19 (5) Article 31; Inter-Relation of – Article 31, Article 14 and Article 19(1) (f); Article 31-A and the Saving Clause; Article 31- B and the Ninth Schedule; Article 31-C, Article 300-A.constitutional law-making

UNIT 3
Teaching Hours:20
FUNDAMENTAL RIGHTS
 

Right to Freedom (Articles 19-22); Right to Freedom (Article 19); Protection Against Conviction (Article 20); Ex Post Facto Law; Double Jeopardy; Prohibition Against Self-Incrimination; Protection of Life and Personal Liberty (Article 21); Right to Education (Article 21-A); Safeguards Against Arbitrary Arrest and Detention (Article 25-28); Cultural and Educational Rights (Articles 29-30).

Right to Property - Article 19(1) (f) and 19 (5) Article 31; Inter-Relation of – Article 31, Article 14 and Article 19(1) (f); Article 31-A and the Saving Clause; Article 31- B and the Ninth Schedule; Article 31-C, Article 300-A.constitutional law-making

UNIT 3
Teaching Hours:20
FUNDAMENTAL RIGHTS
 

Right to Freedom (Articles 19-22); Right to Freedom (Article 19); Protection Against Conviction (Article 20); Ex Post Facto Law; Double Jeopardy; Prohibition Against Self-Incrimination; Protection of Life and Personal Liberty (Article 21); Right to Education (Article 21-A); Safeguards Against Arbitrary Arrest and Detention (Article 25-28); Cultural and Educational Rights (Articles 29-30).

Right to Property - Article 19(1) (f) and 19 (5) Article 31; Inter-Relation of – Article 31, Article 14 and Article 19(1) (f); Article 31-A and the Saving Clause; Article 31- B and the Ninth Schedule; Article 31-C, Article 300-A.constitutional law-making

UNIT 3
Teaching Hours:20
FUNDAMENTAL RIGHTS
 

Right to Freedom (Articles 19-22); Right to Freedom (Article 19); Protection Against Conviction (Article 20); Ex Post Facto Law; Double Jeopardy; Prohibition Against Self-Incrimination; Protection of Life and Personal Liberty (Article 21); Right to Education (Article 21-A); Safeguards Against Arbitrary Arrest and Detention (Article 25-28); Cultural and Educational Rights (Articles 29-30).

Right to Property - Article 19(1) (f) and 19 (5) Article 31; Inter-Relation of – Article 31, Article 14 and Article 19(1) (f); Article 31-A and the Saving Clause; Article 31- B and the Ninth Schedule; Article 31-C, Article 300-A.constitutional law-making

UNIT 3
Teaching Hours:20
FUNDAMENTAL RIGHTS
 

Right to Freedom (Articles 19-22); Right to Freedom (Article 19); Protection Against Conviction (Article 20); Ex Post Facto Law; Double Jeopardy; Prohibition Against Self-Incrimination; Protection of Life and Personal Liberty (Article 21); Right to Education (Article 21-A); Safeguards Against Arbitrary Arrest and Detention (Article 25-28); Cultural and Educational Rights (Articles 29-30).

Right to Property - Article 19(1) (f) and 19 (5) Article 31; Inter-Relation of – Article 31, Article 14 and Article 19(1) (f); Article 31-A and the Saving Clause; Article 31- B and the Ninth Schedule; Article 31-C, Article 300-A.constitutional law-making

UNIT 4
Teaching Hours:14
DIRECTIVE PRINCIPLES OF STATE POLICY
 

Object and Purpose Nature; Directive Principles and Fundamental Rights Distinguished; Directive Principles and Fundamental Rights ? The Supremacy Factor; Fundamental Duties; Doctrine of Basic Structure; Amendment of the Constitution.

UNIT 4
Teaching Hours:14
DIRECTIVE PRINCIPLES OF STATE POLICY
 

Object and Purpose Nature; Directive Principles and Fundamental Rights Distinguished; Directive Principles and Fundamental Rights ? The Supremacy Factor; Fundamental Duties; Doctrine of Basic Structure; Amendment of the Constitution.

UNIT 4
Teaching Hours:14
DIRECTIVE PRINCIPLES OF STATE POLICY
 

Object and Purpose Nature; Directive Principles and Fundamental Rights Distinguished; Directive Principles and Fundamental Rights ? The Supremacy Factor; Fundamental Duties; Doctrine of Basic Structure; Amendment of the Constitution.

UNIT 4
Teaching Hours:14
DIRECTIVE PRINCIPLES OF STATE POLICY
 

Object and Purpose Nature; Directive Principles and Fundamental Rights Distinguished; Directive Principles and Fundamental Rights ? The Supremacy Factor; Fundamental Duties; Doctrine of Basic Structure; Amendment of the Constitution.

UNIT 4
Teaching Hours:14
DIRECTIVE PRINCIPLES OF STATE POLICY
 

Object and Purpose Nature; Directive Principles and Fundamental Rights Distinguished; Directive Principles and Fundamental Rights ? The Supremacy Factor; Fundamental Duties; Doctrine of Basic Structure; Amendment of the Constitution.

UNIT 4
Teaching Hours:14
DIRECTIVE PRINCIPLES OF STATE POLICY
 

Object and Purpose Nature; Directive Principles and Fundamental Rights Distinguished; Directive Principles and Fundamental Rights ? The Supremacy Factor; Fundamental Duties; Doctrine of Basic Structure; Amendment of the Constitution.

Text Books And Reference Books:

1. Avatar Singh, The Constitution of India,1st edition 2019, Central Law Agency

2. Dr. J.N.Pandey, Constitutinal Law of India, 59th Ed, Central Law Agency, 2022

3. Jain, M. P. Indian Constitutional Law, 8th ed. Nagpur: Wadhwa& Co., 2018.

4. The Study of the Law of Constitution by A. V. Dicey.

5. Constitutional and Administrative Law by Wade and Philips.

6. Shukla, V. N. Constitution of India, 10 th ed. Lucknow: Eastern Book Co., 2001.

7. Seervai, H. M. Constitutional Law of India: A Critical Commentary. 3 vols., 4 th ed. New Delhi: Universal Law Publishers, Reprinted 2023.

8. De, D. J. Constitution of India. 2 vols., 2nd ed. Hyderabad: Asia Law House, 2005.

9. Basu, D. D. Constitutional Law of India, 26th ed. Nagpur: Wadhwa, 2022.

10. Lok Sabha Secretariat. Constituent Assembly Debates. 5 vols. New Delhi: Lok Sabha Secretariat

11. Chandrachud, Y. V. Durga Das Basu Shorter Constitution of India 13th ed, Nagpur Wadhwa & Co. 2005.

12. Austin, Granville. Working a Democratic Constitution: A History of the Indian Experience. New Delhi: Oxford University Press, 1999.

13. Rao, Shiva. The Framing of India’s Constitution. 6 vols New Delhi: Universal Law Publishing, 2004.

14. Tribe, Lawrence. American Constitution. 3rd ed. New York: Foundation Press

15. Swarup, Jagdish. Constitution of India. 2 vols. 2nd ed. New Delhi: Modern Law Publications.

 

Essential Reading / Recommended Reading

1. Avatar Singh, The Constitution of India,1st edition 2019, Central Law Agency

2. Dr. J.N.Pandey, Constitutinal Law of India, 59th Ed, Central Law Agency, 2022

3. Jain, M. P. Indian Constitutional Law, 8th ed. Nagpur: Wadhwa& Co., 2018.

4. Shukla, V. N. Constitution of India, 10 th ed. Lucknow: Eastern Book Co., 2001.

5. Seervai, H. M. Constitutional Law of India: A Critical Commentary. 3 vols., 4 th ed. New Delhi: Universal Law Publishers, Reprinted 2023.

6. Basu, D. D. Constitutional Law of India, 26th ed. Nagpur: Wadhwa, 2022.

 

Evaluation Pattern

EVALUATION

·         CIA I – Class Test / Assignment / Presentation            – 10%

·         CIA II – Mid Semester Examination                                  – 25%

·         CIA III – Research Paper                                                      – 10%

·         Attendance                                                                            – 05%

·         End Semester Examination                                                – 50%

                        TOTAL                                                                      100%

LAW355 - LAW OF CONTRACT II (2023 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

COURSE OBJECTIVES: This course should be taught after the students have studied the general principles of contract. Obviously, a course on special contracts should initiate the students to different kinds of contracts with emphasis on the intricacies therein. The course also should provide an insight into the justification for special statutory provisions for certain kinds of contracts.

COURSE DESCRIPTION: To achieve this objective, Unit 1 deals with the contract of indemnity for students to learn the essential elements of this special contract. In Unit 2, the contract of guarantee is covered in terms of elements, rights and duties of the principal-debtor, creditor and surety. Unit 3 and Unit 4 deal with Bailment and Pledge discussing the elements of bailment contract, rights and duties of bailor and bailee, status of finder of lost goods as a bailee, analysis of pledge as a contract of bailment for specific purpose. Unit 5 deals with contract of agency, focusing on distinguishing feature of agency, modes of creation, rights and duties and liabilities of agent, principal and third parties. In Unit 6, the Sale of Goods Act is discussed covering essential elements of a contract of sale of goods, rights and duties of seller and buyer, warranties implied in a sale contract. Unit 7 deals with Partnership Law giving an overview of Partnership Act and Limited Liability Partnership Act.

 

 

 

 

Learning Outcome

CO1: To explain the Indian Contract Act sections and cases relating to indemnity, guarantee, bailment, pledge, agency

CO2: To analyze the rights and duties of persons engaging in special contracts of indemnity, guarantee, bailment, pledge or agency, as given in Contract Act

CO3: To apply Indian Contract Act sections to hypothetical case-study/problems based on indemnity, guarantee, bailment, pledge or agency to find appropriate remedies

CO4: To analyze the provisions of Sale of Goods Act, UN Convention on Contracts for international sale of goods

CO5: To apply Sale of Goods Act provisions to hypothetical case-study/problems and find appropriate remedies

CO6: To exhibit drafting skill by drafting contracts of indemnity, guarantee, bailment, pledge, agency, partnership deeds

Unit-1
Teaching Hours:3
Overview of Law of Contract-I Indemnity
 

Need for indemnity to facilitate commercial transactions; Methods of creating indemnity obligations; Definition; Nature and extent of liability of indemnifier; Rights and duties of indemnifier; Commencement of liability of the indemnifier; Indemnity in international transactions; Indemnity by governments during inter-state transactions

Unit-1
Teaching Hours:3
Overview of Law of Contract-I Indemnity
 

Need for indemnity to facilitate commercial transactions; Methods of creating indemnity obligations; Definition; Nature and extent of liability of indemnifier; Rights and duties of indemnifier; Commencement of liability of the indemnifier; Indemnity in international transactions; Indemnity by governments during inter-state transactions

Unit-1
Teaching Hours:3
Overview of Law of Contract-I Indemnity
 

Need for indemnity to facilitate commercial transactions; Methods of creating indemnity obligations; Definition; Nature and extent of liability of indemnifier; Rights and duties of indemnifier; Commencement of liability of the indemnifier; Indemnity in international transactions; Indemnity by governments during inter-state transactions

Unit-1
Teaching Hours:3
Overview of Law of Contract-I Indemnity
 

Need for indemnity to facilitate commercial transactions; Methods of creating indemnity obligations; Definition; Nature and extent of liability of indemnifier; Rights and duties of indemnifier; Commencement of liability of the indemnifier; Indemnity in international transactions; Indemnity by governments during inter-state transactions

Unit-1
Teaching Hours:3
Overview of Law of Contract-I Indemnity
 

Need for indemnity to facilitate commercial transactions; Methods of creating indemnity obligations; Definition; Nature and extent of liability of indemnifier; Rights and duties of indemnifier; Commencement of liability of the indemnifier; Indemnity in international transactions; Indemnity by governments during inter-state transactions

Unit-1
Teaching Hours:3
Overview of Law of Contract-I Indemnity
 

Need for indemnity to facilitate commercial transactions; Methods of creating indemnity obligations; Definition; Nature and extent of liability of indemnifier; Rights and duties of indemnifier; Commencement of liability of the indemnifier; Indemnity in international transactions; Indemnity by governments during inter-state transactions

Unit-2
Teaching Hours:10
GUARANTEE
 

Definition; Essential elements; Guarantee and indemnity; Consideration in guarantee contracts; Minor as party to guarantee contract; Continuing guarantee; Nature and extent of surety’s liability; Letters of credit and bank guarantee; Rights and duties of surety; Discharge of surety’s liability; Rights and duties of creditor; Termination of guarantee

 

Unit-2
Teaching Hours:10
GUARANTEE
 

Definition; Essential elements; Guarantee and indemnity; Consideration in guarantee contracts; Minor as party to guarantee contract; Continuing guarantee; Nature and extent of surety’s liability; Letters of credit and bank guarantee; Rights and duties of surety; Discharge of surety’s liability; Rights and duties of creditor; Termination of guarantee

 

Unit-2
Teaching Hours:10
GUARANTEE
 

Definition; Essential elements; Guarantee and indemnity; Consideration in guarantee contracts; Minor as party to guarantee contract; Continuing guarantee; Nature and extent of surety’s liability; Letters of credit and bank guarantee; Rights and duties of surety; Discharge of surety’s liability; Rights and duties of creditor; Termination of guarantee

 

Unit-2
Teaching Hours:10
GUARANTEE
 

Definition; Essential elements; Guarantee and indemnity; Consideration in guarantee contracts; Minor as party to guarantee contract; Continuing guarantee; Nature and extent of surety’s liability; Letters of credit and bank guarantee; Rights and duties of surety; Discharge of surety’s liability; Rights and duties of creditor; Termination of guarantee

 

Unit-2
Teaching Hours:10
GUARANTEE
 

Definition; Essential elements; Guarantee and indemnity; Consideration in guarantee contracts; Minor as party to guarantee contract; Continuing guarantee; Nature and extent of surety’s liability; Letters of credit and bank guarantee; Rights and duties of surety; Discharge of surety’s liability; Rights and duties of creditor; Termination of guarantee

 

Unit-2
Teaching Hours:10
GUARANTEE
 

Definition; Essential elements; Guarantee and indemnity; Consideration in guarantee contracts; Minor as party to guarantee contract; Continuing guarantee; Nature and extent of surety’s liability; Letters of credit and bank guarantee; Rights and duties of surety; Discharge of surety’s liability; Rights and duties of creditor; Termination of guarantee

 

Unit-3
Teaching Hours:10
Bailment
 

Identification of bailment contracts in daily life; Commercial utility of bailment contracts; Definition of bailment; Kinds of bailment; Rights and duties of bailor and bailee; Finder of goods as a bailee

Unit-3
Teaching Hours:10
Bailment
 

Identification of bailment contracts in daily life; Commercial utility of bailment contracts; Definition of bailment; Kinds of bailment; Rights and duties of bailor and bailee; Finder of goods as a bailee

Unit-3
Teaching Hours:10
Bailment
 

Identification of bailment contracts in daily life; Commercial utility of bailment contracts; Definition of bailment; Kinds of bailment; Rights and duties of bailor and bailee; Finder of goods as a bailee

Unit-3
Teaching Hours:10
Bailment
 

Identification of bailment contracts in daily life; Commercial utility of bailment contracts; Definition of bailment; Kinds of bailment; Rights and duties of bailor and bailee; Finder of goods as a bailee

Unit-3
Teaching Hours:10
Bailment
 

Identification of bailment contracts in daily life; Commercial utility of bailment contracts; Definition of bailment; Kinds of bailment; Rights and duties of bailor and bailee; Finder of goods as a bailee

Unit-3
Teaching Hours:10
Bailment
 

Identification of bailment contracts in daily life; Commercial utility of bailment contracts; Definition of bailment; Kinds of bailment; Rights and duties of bailor and bailee; Finder of goods as a bailee

Unit-4
Teaching Hours:5
Pledge
 

Pledge: comparison with bailment, commercial utility of pledge transactions; Definition of pledge; Rights of the pawnor and pawnee; Pledge by certain specified persons who are not owners of goods

 

Unit-4
Teaching Hours:5
Pledge
 

Pledge: comparison with bailment, commercial utility of pledge transactions; Definition of pledge; Rights of the pawnor and pawnee; Pledge by certain specified persons who are not owners of goods

 

Unit-4
Teaching Hours:5
Pledge
 

Pledge: comparison with bailment, commercial utility of pledge transactions; Definition of pledge; Rights of the pawnor and pawnee; Pledge by certain specified persons who are not owners of goods

 

Unit-4
Teaching Hours:5
Pledge
 

Pledge: comparison with bailment, commercial utility of pledge transactions; Definition of pledge; Rights of the pawnor and pawnee; Pledge by certain specified persons who are not owners of goods

 

Unit-4
Teaching Hours:5
Pledge
 

Pledge: comparison with bailment, commercial utility of pledge transactions; Definition of pledge; Rights of the pawnor and pawnee; Pledge by certain specified persons who are not owners of goods

 

Unit-4
Teaching Hours:5
Pledge
 

Pledge: comparison with bailment, commercial utility of pledge transactions; Definition of pledge; Rights of the pawnor and pawnee; Pledge by certain specified persons who are not owners of goods

 

Unit-5
Teaching Hours:10
Agency
 

Agency in commercial world; Definition and elements of agency; Kinds of agents and agencies; Distinction between agent and servant; Modes of creation of agency; Rights, Duties, Liabilities of agent; Scope and extent of agent’s authority; Liability of principal for acts, misconduct, torts of agent; Personal liability of the agent towards Principal and Third party; Modes of termination of agency

Unit-5
Teaching Hours:10
Agency
 

Agency in commercial world; Definition and elements of agency; Kinds of agents and agencies; Distinction between agent and servant; Modes of creation of agency; Rights, Duties, Liabilities of agent; Scope and extent of agent’s authority; Liability of principal for acts, misconduct, torts of agent; Personal liability of the agent towards Principal and Third party; Modes of termination of agency

Unit-5
Teaching Hours:10
Agency
 

Agency in commercial world; Definition and elements of agency; Kinds of agents and agencies; Distinction between agent and servant; Modes of creation of agency; Rights, Duties, Liabilities of agent; Scope and extent of agent’s authority; Liability of principal for acts, misconduct, torts of agent; Personal liability of the agent towards Principal and Third party; Modes of termination of agency

Unit-5
Teaching Hours:10
Agency
 

Agency in commercial world; Definition and elements of agency; Kinds of agents and agencies; Distinction between agent and servant; Modes of creation of agency; Rights, Duties, Liabilities of agent; Scope and extent of agent’s authority; Liability of principal for acts, misconduct, torts of agent; Personal liability of the agent towards Principal and Third party; Modes of termination of agency

Unit-5
Teaching Hours:10
Agency
 

Agency in commercial world; Definition and elements of agency; Kinds of agents and agencies; Distinction between agent and servant; Modes of creation of agency; Rights, Duties, Liabilities of agent; Scope and extent of agent’s authority; Liability of principal for acts, misconduct, torts of agent; Personal liability of the agent towards Principal and Third party; Modes of termination of agency

Unit-5
Teaching Hours:10
Agency
 

Agency in commercial world; Definition and elements of agency; Kinds of agents and agencies; Distinction between agent and servant; Modes of creation of agency; Rights, Duties, Liabilities of agent; Scope and extent of agent’s authority; Liability of principal for acts, misconduct, torts of agent; Personal liability of the agent towards Principal and Third party; Modes of termination of agency

Unit-6
Teaching Hours:10
Sale of Goods Act
 

Concept of sale as a contract; Essentials of contract of sale, Implied terms in contract of sale; Conditions and Warranties; Rule of Caveat emptor & exceptions, changing concept of caveat emptor; Transfer of title and passing of risk; Delivery of goods; Rights of seller and buyer; Rights of unpaid seller; Remedies for breach of contract

Unit-6
Teaching Hours:10
Sale of Goods Act
 

Concept of sale as a contract; Essentials of contract of sale, Implied terms in contract of sale; Conditions and Warranties; Rule of Caveat emptor & exceptions, changing concept of caveat emptor; Transfer of title and passing of risk; Delivery of goods; Rights of seller and buyer; Rights of unpaid seller; Remedies for breach of contract

Unit-6
Teaching Hours:10
Sale of Goods Act
 

Concept of sale as a contract; Essentials of contract of sale, Implied terms in contract of sale; Conditions and Warranties; Rule of Caveat emptor & exceptions, changing concept of caveat emptor; Transfer of title and passing of risk; Delivery of goods; Rights of seller and buyer; Rights of unpaid seller; Remedies for breach of contract

Unit-6
Teaching Hours:10
Sale of Goods Act
 

Concept of sale as a contract; Essentials of contract of sale, Implied terms in contract of sale; Conditions and Warranties; Rule of Caveat emptor & exceptions, changing concept of caveat emptor; Transfer of title and passing of risk; Delivery of goods; Rights of seller and buyer; Rights of unpaid seller; Remedies for breach of contract

Unit-6
Teaching Hours:10
Sale of Goods Act
 

Concept of sale as a contract; Essentials of contract of sale, Implied terms in contract of sale; Conditions and Warranties; Rule of Caveat emptor & exceptions, changing concept of caveat emptor; Transfer of title and passing of risk; Delivery of goods; Rights of seller and buyer; Rights of unpaid seller; Remedies for breach of contract

Unit-6
Teaching Hours:10
Sale of Goods Act
 

Concept of sale as a contract; Essentials of contract of sale, Implied terms in contract of sale; Conditions and Warranties; Rule of Caveat emptor & exceptions, changing concept of caveat emptor; Transfer of title and passing of risk; Delivery of goods; Rights of seller and buyer; Rights of unpaid seller; Remedies for breach of contract

Unit-7
Teaching Hours:12
Partnership
 

Nature and definition of partnership; Distinct advantages and disadvantages vis-à-vis partnership and private limited company; Mutual relationship between partners; Kinds of partner; Authority of partners: express, implied, ostensible; Rights and duties and liabilities of partner; Partnership property; Admission of partners; Outgoing partners; Continuation of partnership; Registration of partnership; Dissolution of partnership; Limited Liability Partnership

Unit-7
Teaching Hours:12
Partnership
 

Nature and definition of partnership; Distinct advantages and disadvantages vis-à-vis partnership and private limited company; Mutual relationship between partners; Kinds of partner; Authority of partners: express, implied, ostensible; Rights and duties and liabilities of partner; Partnership property; Admission of partners; Outgoing partners; Continuation of partnership; Registration of partnership; Dissolution of partnership; Limited Liability Partnership

Unit-7
Teaching Hours:12
Partnership
 

Nature and definition of partnership; Distinct advantages and disadvantages vis-à-vis partnership and private limited company; Mutual relationship between partners; Kinds of partner; Authority of partners: express, implied, ostensible; Rights and duties and liabilities of partner; Partnership property; Admission of partners; Outgoing partners; Continuation of partnership; Registration of partnership; Dissolution of partnership; Limited Liability Partnership

Unit-7
Teaching Hours:12
Partnership
 

Nature and definition of partnership; Distinct advantages and disadvantages vis-à-vis partnership and private limited company; Mutual relationship between partners; Kinds of partner; Authority of partners: express, implied, ostensible; Rights and duties and liabilities of partner; Partnership property; Admission of partners; Outgoing partners; Continuation of partnership; Registration of partnership; Dissolution of partnership; Limited Liability Partnership

Unit-7
Teaching Hours:12
Partnership
 

Nature and definition of partnership; Distinct advantages and disadvantages vis-à-vis partnership and private limited company; Mutual relationship between partners; Kinds of partner; Authority of partners: express, implied, ostensible; Rights and duties and liabilities of partner; Partnership property; Admission of partners; Outgoing partners; Continuation of partnership; Registration of partnership; Dissolution of partnership; Limited Liability Partnership

Unit-7
Teaching Hours:12
Partnership
 

Nature and definition of partnership; Distinct advantages and disadvantages vis-à-vis partnership and private limited company; Mutual relationship between partners; Kinds of partner; Authority of partners: express, implied, ostensible; Rights and duties and liabilities of partner; Partnership property; Admission of partners; Outgoing partners; Continuation of partnership; Registration of partnership; Dissolution of partnership; Limited Liability Partnership

Text Books And Reference Books:

Pollock & Mulla The Indian Contract Act, LexisNexis, 14th ed., 2014

Avtar Singh, Law of Contract, 12th Ed, 2017

P.C. Markanda on The Law of Partnership, LexisNexis, 2010

Pollock & Mulla on Sale of Goods Act, 10th ed., LexisNexis 2017

 

Essential Reading / Recommended Reading

Beatson, Sir Jack, et al. Anson's Law of Contract, 29th ed. Oxford: Oxford University Press, 2010

Nair, Krishnan. Law of Contract. Orient, 1999.

P. C Markanda on The Law of Partnership, LexisNexis, 2010.

Parthasarathy M. S. (ed.), Benjamin’s Sale of Goods, Sweet & Maxwell, 1992.

Singh and Gupta, Verma J. P. (ed.). The Law of Partnership in India. New Delhi: Orient Law House, 1999

Saharay, H. K. Indian Partnership and Sale of Goods Act. New Delhi: Universal Publishing Co., 2000.

 

Evaluation Pattern

CIA I- 20 marks - 10%

CIA II - Mid Semester Examination - 25%

CIA III –20 marks - 10%  

Attendance - 05%

End semester examination –100 marks - 50%

LAW366 - PHILOSOPHY OF LAW (2023 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

This course is aiming to impart the analytical skill and equip the student with the basic problems concerning law and the types of solutions sought. Thus, the student not only will be able to use this skill in practice but also is motivated to take up detailed historical studies on his own after the course. Since a basic idea in the designing of this course is to bring jurisprudence closer to our reality, in the selection of cases and reading materials the teacher should try to make use of the Indian material as far as possible

Philosophy of law is a compulsory paper in the law course. It poses the fundamental questions of the nature of law, its place in society and how a legal system operates as a system of rules and as a social institution engaging with the ideals of justices and conflicting moral codes. The course will cover a range of topics like nature of law, natural law, positivist thought, realism, sociological and historical schools and its critiques.

UNIT 1 will deal with the introductory part i.e., nature of legal philosophy and sources of law and justice theories. UNIT 2 deals with natural law philosophy. UNIT 3 discusses the positivist theories. UNIT 4 focuses on historical and anthropological schools of legal thought. UNIT 5 deals with realist traditions in legal philosophy and UNIT 6 deals with the sociological jurisprudence.

Learning Outcome

CO1: Analyse some of the most influential legal and political philosophies and their theses on law;

CO2: Identify the salient propositions over a range of topics and debates in legal and political philosophy and especially the main methodological, ontological, and normative questions concerning law and its legitimacy;

CO3: Construct philosophical argument;

CO4: Critically assess legal and political theories and question their internal consistency and coherence as well as their foundational assumptions;

CO5: Apply abstract philosophical argument to real problems and contexts

CO6: Present a sustained and well-constructed philosophical argument orally and in written form.

Unit-1
Teaching Hours:10
INTRODUCTION
 

Philosophy of Law v. Jurisprudence, Formal Requirements of law as System, Sources of Law, Functions of Law; Validity of Law; The Case of the Speluncean Explorers, Theories of Justice: Aristotle, Immanuel Kant’s Categorical Imperative, Utilitarianism : Bentham and Mill, John Rawls: Justice as Fairness & Sen’s Critique , Robert Nozick: Libertarianism, Amartya Sen and Martha Nussbaum: Capability

Unit-1
Teaching Hours:10
INTRODUCTION
 

Philosophy of Law v. Jurisprudence, Formal Requirements of law as System, Sources of Law, Functions of Law; Validity of Law; The Case of the Speluncean Explorers, Theories of Justice: Aristotle, Immanuel Kant’s Categorical Imperative, Utilitarianism : Bentham and Mill, John Rawls: Justice as Fairness & Sen’s Critique , Robert Nozick: Libertarianism, Amartya Sen and Martha Nussbaum: Capability

Unit-1
Teaching Hours:10
INTRODUCTION
 

Philosophy of Law v. Jurisprudence, Formal Requirements of law as System, Sources of Law, Functions of Law; Validity of Law; The Case of the Speluncean Explorers, Theories of Justice: Aristotle, Immanuel Kant’s Categorical Imperative, Utilitarianism : Bentham and Mill, John Rawls: Justice as Fairness & Sen’s Critique , Robert Nozick: Libertarianism, Amartya Sen and Martha Nussbaum: Capability

Unit-1
Teaching Hours:10
INTRODUCTION
 

Philosophy of Law v. Jurisprudence, Formal Requirements of law as System, Sources of Law, Functions of Law; Validity of Law; The Case of the Speluncean Explorers, Theories of Justice: Aristotle, Immanuel Kant’s Categorical Imperative, Utilitarianism : Bentham and Mill, John Rawls: Justice as Fairness & Sen’s Critique , Robert Nozick: Libertarianism, Amartya Sen and Martha Nussbaum: Capability

Unit-1
Teaching Hours:10
INTRODUCTION
 

Philosophy of Law v. Jurisprudence, Formal Requirements of law as System, Sources of Law, Functions of Law; Validity of Law; The Case of the Speluncean Explorers, Theories of Justice: Aristotle, Immanuel Kant’s Categorical Imperative, Utilitarianism : Bentham and Mill, John Rawls: Justice as Fairness & Sen’s Critique , Robert Nozick: Libertarianism, Amartya Sen and Martha Nussbaum: Capability

Unit-1
Teaching Hours:10
INTRODUCTION
 

Philosophy of Law v. Jurisprudence, Formal Requirements of law as System, Sources of Law, Functions of Law; Validity of Law; The Case of the Speluncean Explorers, Theories of Justice: Aristotle, Immanuel Kant’s Categorical Imperative, Utilitarianism : Bentham and Mill, John Rawls: Justice as Fairness & Sen’s Critique , Robert Nozick: Libertarianism, Amartya Sen and Martha Nussbaum: Capability

Unit-2
Teaching Hours:10
NATURAL LAW
 

Nietzsche’s On the Genealogy of Morality

Classical Natural Law: Sophists and Stoics, Plato and Aristotle, St. Thomas Aquinas.

Natural Law in Political Philosophy: Hobbes, Locke and Rousseau.

Revival of Natural Law Theory: Finnis and Fuller.

Hart v. Fuller Debate

Hart v. Devlin Debate

Unit-2
Teaching Hours:10
NATURAL LAW
 

Nietzsche’s On the Genealogy of Morality

Classical Natural Law: Sophists and Stoics, Plato and Aristotle, St. Thomas Aquinas.

Natural Law in Political Philosophy: Hobbes, Locke and Rousseau.

Revival of Natural Law Theory: Finnis and Fuller.

Hart v. Fuller Debate

Hart v. Devlin Debate

Unit-2
Teaching Hours:10
NATURAL LAW
 

Nietzsche’s On the Genealogy of Morality

Classical Natural Law: Sophists and Stoics, Plato and Aristotle, St. Thomas Aquinas.

Natural Law in Political Philosophy: Hobbes, Locke and Rousseau.

Revival of Natural Law Theory: Finnis and Fuller.

Hart v. Fuller Debate

Hart v. Devlin Debate

Unit-2
Teaching Hours:10
NATURAL LAW
 

Nietzsche’s On the Genealogy of Morality

Classical Natural Law: Sophists and Stoics, Plato and Aristotle, St. Thomas Aquinas.

Natural Law in Political Philosophy: Hobbes, Locke and Rousseau.

Revival of Natural Law Theory: Finnis and Fuller.

Hart v. Fuller Debate

Hart v. Devlin Debate

Unit-2
Teaching Hours:10
NATURAL LAW
 

Nietzsche’s On the Genealogy of Morality

Classical Natural Law: Sophists and Stoics, Plato and Aristotle, St. Thomas Aquinas.

Natural Law in Political Philosophy: Hobbes, Locke and Rousseau.

Revival of Natural Law Theory: Finnis and Fuller.

Hart v. Fuller Debate

Hart v. Devlin Debate

Unit-2
Teaching Hours:10
NATURAL LAW
 

Nietzsche’s On the Genealogy of Morality

Classical Natural Law: Sophists and Stoics, Plato and Aristotle, St. Thomas Aquinas.

Natural Law in Political Philosophy: Hobbes, Locke and Rousseau.

Revival of Natural Law Theory: Finnis and Fuller.

Hart v. Fuller Debate

Hart v. Devlin Debate

Unit-3
Teaching Hours:10
POSITIVISM
 

Classical Legal Positivism: Bentham and Austin

Modern Legal Positivism: Hart, Kelsen and Raz

Hart v. Dworkin Debate

Unit-3
Teaching Hours:10
POSITIVISM
 

Classical Legal Positivism: Bentham and Austin

Modern Legal Positivism: Hart, Kelsen and Raz

Hart v. Dworkin Debate

Unit-3
Teaching Hours:10
POSITIVISM
 

Classical Legal Positivism: Bentham and Austin

Modern Legal Positivism: Hart, Kelsen and Raz

Hart v. Dworkin Debate

Unit-3
Teaching Hours:10
POSITIVISM
 

Classical Legal Positivism: Bentham and Austin

Modern Legal Positivism: Hart, Kelsen and Raz

Hart v. Dworkin Debate

Unit-3
Teaching Hours:10
POSITIVISM
 

Classical Legal Positivism: Bentham and Austin

Modern Legal Positivism: Hart, Kelsen and Raz

Hart v. Dworkin Debate

Unit-3
Teaching Hours:10
POSITIVISM
 

Classical Legal Positivism: Bentham and Austin

Modern Legal Positivism: Hart, Kelsen and Raz

Hart v. Dworkin Debate

Unit-4
Teaching Hours:10
HISTORICAL AND ANTHROPOLOGICAL SCHOOLS
 

Historical School: Savigny, Maine

Anthropological School: Malinowski, Llewellyn

Unit-4
Teaching Hours:10
HISTORICAL AND ANTHROPOLOGICAL SCHOOLS
 

Historical School: Savigny, Maine

Anthropological School: Malinowski, Llewellyn

Unit-4
Teaching Hours:10
HISTORICAL AND ANTHROPOLOGICAL SCHOOLS
 

Historical School: Savigny, Maine

Anthropological School: Malinowski, Llewellyn

Unit-4
Teaching Hours:10
HISTORICAL AND ANTHROPOLOGICAL SCHOOLS
 

Historical School: Savigny, Maine

Anthropological School: Malinowski, Llewellyn

Unit-4
Teaching Hours:10
HISTORICAL AND ANTHROPOLOGICAL SCHOOLS
 

Historical School: Savigny, Maine

Anthropological School: Malinowski, Llewellyn

Unit-4
Teaching Hours:10
HISTORICAL AND ANTHROPOLOGICAL SCHOOLS
 

Historical School: Savigny, Maine

Anthropological School: Malinowski, Llewellyn

Unit-5
Teaching Hours:10
REALISM
 

American Realism: Holmes, Llewellyn and Frank

Scandinavian Realism: Ross, Olivecrona, Lundstedt and Hägerström

Critical Legal Studies: Kennedy and Unger

Unit-5
Teaching Hours:10
REALISM
 

American Realism: Holmes, Llewellyn and Frank

Scandinavian Realism: Ross, Olivecrona, Lundstedt and Hägerström

Critical Legal Studies: Kennedy and Unger

Unit-5
Teaching Hours:10
REALISM
 

American Realism: Holmes, Llewellyn and Frank

Scandinavian Realism: Ross, Olivecrona, Lundstedt and Hägerström

Critical Legal Studies: Kennedy and Unger

Unit-5
Teaching Hours:10
REALISM
 

American Realism: Holmes, Llewellyn and Frank

Scandinavian Realism: Ross, Olivecrona, Lundstedt and Hägerström

Critical Legal Studies: Kennedy and Unger

Unit-5
Teaching Hours:10
REALISM
 

American Realism: Holmes, Llewellyn and Frank

Scandinavian Realism: Ross, Olivecrona, Lundstedt and Hägerström

Critical Legal Studies: Kennedy and Unger

Unit-5
Teaching Hours:10
REALISM
 

American Realism: Holmes, Llewellyn and Frank

Scandinavian Realism: Ross, Olivecrona, Lundstedt and Hägerström

Critical Legal Studies: Kennedy and Unger

Unit-6
Teaching Hours:10
SOCIOLOGICAL SCHOOL
 

Sociological Theories of Law: Pound, Ehrlich, Durkheim, Foucalt and Niklas Luhmann 

Unit-6
Teaching Hours:10
SOCIOLOGICAL SCHOOL
 

Sociological Theories of Law: Pound, Ehrlich, Durkheim, Foucalt and Niklas Luhmann 

Unit-6
Teaching Hours:10
SOCIOLOGICAL SCHOOL
 

Sociological Theories of Law: Pound, Ehrlich, Durkheim, Foucalt and Niklas Luhmann 

Unit-6
Teaching Hours:10
SOCIOLOGICAL SCHOOL
 

Sociological Theories of Law: Pound, Ehrlich, Durkheim, Foucalt and Niklas Luhmann 

Unit-6
Teaching Hours:10
SOCIOLOGICAL SCHOOL
 

Sociological Theories of Law: Pound, Ehrlich, Durkheim, Foucalt and Niklas Luhmann 

Unit-6
Teaching Hours:10
SOCIOLOGICAL SCHOOL
 

Sociological Theories of Law: Pound, Ehrlich, Durkheim, Foucalt and Niklas Luhmann 

Text Books And Reference Books:

1.      John D. Finch, Introduction to Legal Theory, New Delhi: Universal Law Publishing Co.

2.      H.L.A. Hart., The Concept of Law, New Delhi: Oxford University Press

3.  White, Jefferson, and Dennis Patterson. Introduction to the Philosophy of Law: Readings and Cases. New York: Oxford University Press

4.      Brian H. Bix, Jurisprudence: Theory and Context, London: Sweet & Maxwell

5.      Raymond Wacks, Understanding Jurisprudence, OUP

6.      Immanuel Kant, The Moral Law : Groundwork of the Metaphysic of Morals, London and New York: Routledge

7.      Hans Kelsen, Pure Theory of Law, Berkeley: University of California Press

8.      Joseph Raz, The Authority of Law, Oxford: Clarendon Press

9.      Amartya Sen, The Idea of Justice, London: Penguin

10.  Michael J Sandel, Justice – What’s the Right Thing to do?, London: Penguin

11.  J W Harris, Legal Philosophies, Butterworths

12.  Mark Tebbit, Philosophy of Law: An Introduction, London: Routledge

13.  Roger Cotterell, The Politics of Jurisprudence, New Delhi: Universal Law Publishing Co.

14.  Howard Davies and David Holdcroft, Jurisprudence: Texts and Commentary, London: Butterworths

15.  Edgar Bodenheimer, Jurisprudence (The Philosophy and Methods of Law), New Delhi: Universal Law Publishing Co.

16.  R W M Dais, Dias Jurisprudence, New Delhi: Aditya Books

17.  Joel Feinberg and Jules Coleman (eds)., Philosophy of Law, Belmont CA: Wadsworth Thomson Learning

18.  N E Simmonds, Central Issues in Jurisprudence - Justice, Law and Rights, Lucknow: EBC

19.  Lloyd’s Introduction to Jurisprudence, London: Sweet and Maxwell

Essential Reading / Recommended Reading

1.      John D. Finch, Introduction to Legal Theory, New Delhi: Universal Law Publishing Co.

2.      H.L.A. Hart., The Concept of Law, New Delhi: Oxford University Press

3.      White, Jefferson, and Dennis Patterson. Introduction to the Philosophy of Law: Readings and Cases. New York: Oxford University Press

4.      Brian H. Bix, Jurisprudence: Theory and Context, London: Sweet & Maxwell

5.      Raymond Wacks, Understanding Jurisprudence, OUP

6.      Immanuel Kant, The Moral Law : Groundwork of the Metaphysic of Morals, London and New York: Routledge

7.      Hans Kelsen, Pure Theory of Law, Berkeley: University of California Press

8.      Joseph Raz, The Authority of Law, Oxford: Clarendon Press

9.      Amartya Sen, The Idea of Justice, London: Penguin

10.  Michael J Sandel, Justice – What’s the Right Thing to do?, London: Penguin

11.  J W Harris, Legal Philosophies, Butterworths

12.  Mark Tebbit, Philosophy of Law: An Introduction, London: Routledge

13.  Roger Cotterell, The Politics of Jurisprudence, New Delhi: Universal Law Publishing Co.

14.  Howard Davies and David Holdcroft, Jurisprudence: Texts and Commentary, London: Butterworths

15.  Edgar Bodenheimer, Jurisprudence (The Philosophy and Methods of Law), New Delhi: Universal Law Publishing Co.

16.  R W M Dais, Dias Jurisprudence, New Delhi: Aditya Books

17.  Joel Feinberg and Jules Coleman (eds)., Philosophy of Law, Belmont CA: Wadsworth Thomson Learning

18.  N E Simmonds, Central Issues in Jurisprudence - Justice, Law and Rights, Lucknow: EBC

19.  Lloyd’s Introduction to Jurisprudence, London: Sweet and Maxwell 

Evaluation Pattern

SCHEME OF VALUATION

·         CIA I – Class Test / Assignment / Presentation            – 10%

·         CIA II – Mid Semester Examination                                  – 25%

·         CIA III – Research Topic                                                     – 10%

·         Attendance                                                                            – 05%

·         End Semester Examination                                                – 50%

                                                                                                TOTAL 100%

LAW452 - JURISPRUDENCE (2023 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

COURSE DESCRIPTION: Unit 1 provides a detailed understanding of concept of rights and its correlation with duty and freedom. The main objective of Unit 2is to deal with the concept of Person.Unit 3will give the students a better clarity of meaning and concept possession and ownership and Unit 4about property and title and Unit 5about liability. Unit 5deal with obligations and kinds of obligations along with substantive and procedural laws connected to it.

COURSE OBJECTIVES: Jurisprudence in its etymological sense means the science of law. It is the foundation on which the entire edifice of law is structured.  It is therefore imperative to have a clear understanding of jurisprudence as it is sine qua nonfor the study of any law subject. The subject acquaints the students with the complexities of laws and introduces them to the means of solving them based on sound jurisprudential principles. In spite of there being several schools of thought on this subject, there is a general convergence of the fundamental principles. The study of jurisprudence aids the lawyer in the analysis of legal concepts, sharpens his technique of logical thinking and aids in understanding the assumptions upon which a statute rests.  It transcends technical aspects and moves more in the realm of law as a tool for social engineering.  As J.G. Phillimore observes, “such is the exalted science of jurisprudence, the knowledge of which sends the students into civil life full of luminous precepts and notions, applicable to every exigency of human affairs.”  Jurisprudence may therefore be perceived as the grammar of law. 

 

As with any subject, it is imperative to understand the concepts involved and the inter-relation between the concepts themselves; which coupled with sound logic and good language go a long way in applying the knowledge of law to a given situation.  The study of various concepts functions as a road map for law students and lawyers alike in developing skills of good advocacy.

 

The core syllabus of this paper is confined to the various concepts of law. The study of concepts concretizes the study of jurisprudence and reduces its abstractness to a large extent.

Learning Outcome

CO1: Identify and describe the concept taught in the respective module.

CO2: List out the essential characteristic of the concept

CO3: Apply the concept correctly to legal problems.

CO4: Analyse the legal concept.

CO5: Evaluate as against other events of a similar nature and articulate the problem areas for the deficiency.

CO6: Devise a correct way of handling the legal problem

Unit-1
Teaching Hours:12
LEGAL RIGHTS
 

The concept and meaning: Kinds; Right and duty correlation; Natural Rights and Fundamental Rights.

Unit-1
Teaching Hours:12
LEGAL RIGHTS
 

The concept and meaning: Kinds; Right and duty correlation; Natural Rights and Fundamental Rights.

Unit-1
Teaching Hours:12
LEGAL RIGHTS
 

The concept and meaning: Kinds; Right and duty correlation; Natural Rights and Fundamental Rights.

Unit-1
Teaching Hours:12
LEGAL RIGHTS
 

The concept and meaning: Kinds; Right and duty correlation; Natural Rights and Fundamental Rights.

Unit-1
Teaching Hours:12
LEGAL RIGHTS
 

The concept and meaning: Kinds; Right and duty correlation; Natural Rights and Fundamental Rights.

Unit-1
Teaching Hours:12
LEGAL RIGHTS
 

The concept and meaning: Kinds; Right and duty correlation; Natural Rights and Fundamental Rights.

Unit-2
Teaching Hours:12
PERSONS
 

Nature of personality; Status of the unborn, minor, lunatic, drunken and dead persons; Corporate personality; Dimensions of the modern legal personality: Legal personality of non-human beings 

Unit-2
Teaching Hours:12
PERSONS
 

Nature of personality; Status of the unborn, minor, lunatic, drunken and dead persons; Corporate personality; Dimensions of the modern legal personality: Legal personality of non-human beings 

Unit-2
Teaching Hours:12
PERSONS
 

Nature of personality; Status of the unborn, minor, lunatic, drunken and dead persons; Corporate personality; Dimensions of the modern legal personality: Legal personality of non-human beings 

Unit-2
Teaching Hours:12
PERSONS
 

Nature of personality; Status of the unborn, minor, lunatic, drunken and dead persons; Corporate personality; Dimensions of the modern legal personality: Legal personality of non-human beings 

Unit-2
Teaching Hours:12
PERSONS
 

Nature of personality; Status of the unborn, minor, lunatic, drunken and dead persons; Corporate personality; Dimensions of the modern legal personality: Legal personality of non-human beings 

Unit-2
Teaching Hours:12
PERSONS
 

Nature of personality; Status of the unborn, minor, lunatic, drunken and dead persons; Corporate personality; Dimensions of the modern legal personality: Legal personality of non-human beings 

Unit-3
Teaching Hours:10
POSSESSION AND OWNERSHIP
 

Possession: the Concept; Kinds of possession; Ownership: the Concept; Kinds of ownership; Difference between possession and ownership.

Unit-3
Teaching Hours:10
POSSESSION AND OWNERSHIP
 

Possession: the Concept; Kinds of possession; Ownership: the Concept; Kinds of ownership; Difference between possession and ownership.

Unit-3
Teaching Hours:10
POSSESSION AND OWNERSHIP
 

Possession: the Concept; Kinds of possession; Ownership: the Concept; Kinds of ownership; Difference between possession and ownership.

Unit-3
Teaching Hours:10
POSSESSION AND OWNERSHIP
 

Possession: the Concept; Kinds of possession; Ownership: the Concept; Kinds of ownership; Difference between possession and ownership.

Unit-3
Teaching Hours:10
POSSESSION AND OWNERSHIP
 

Possession: the Concept; Kinds of possession; Ownership: the Concept; Kinds of ownership; Difference between possession and ownership.

Unit-3
Teaching Hours:10
POSSESSION AND OWNERSHIP
 

Possession: the Concept; Kinds of possession; Ownership: the Concept; Kinds of ownership; Difference between possession and ownership.

Unit-4
Teaching Hours:8
PROPERTY AND TITLE
 

Property: the concept; Kinds of property; Title

Unit-4
Teaching Hours:8
PROPERTY AND TITLE
 

Property: the concept; Kinds of property; Title

Unit-4
Teaching Hours:8
PROPERTY AND TITLE
 

Property: the concept; Kinds of property; Title

Unit-4
Teaching Hours:8
PROPERTY AND TITLE
 

Property: the concept; Kinds of property; Title

Unit-4
Teaching Hours:8
PROPERTY AND TITLE
 

Property: the concept; Kinds of property; Title

Unit-4
Teaching Hours:8
PROPERTY AND TITLE
 

Property: the concept; Kinds of property; Title

Unit-5
Teaching Hours:10
LIABILITY
 

Conditions for imposing liability; Wrongful act; Damnum sine injuria; Causation; Mens rea; Intention; Malice; Negligence and recklessness; Strict liability; Vicarious liability. 

Unit-5
Teaching Hours:10
LIABILITY
 

Conditions for imposing liability; Wrongful act; Damnum sine injuria; Causation; Mens rea; Intention; Malice; Negligence and recklessness; Strict liability; Vicarious liability. 

Unit-5
Teaching Hours:10
LIABILITY
 

Conditions for imposing liability; Wrongful act; Damnum sine injuria; Causation; Mens rea; Intention; Malice; Negligence and recklessness; Strict liability; Vicarious liability. 

Unit-5
Teaching Hours:10
LIABILITY
 

Conditions for imposing liability; Wrongful act; Damnum sine injuria; Causation; Mens rea; Intention; Malice; Negligence and recklessness; Strict liability; Vicarious liability. 

Unit-5
Teaching Hours:10
LIABILITY
 

Conditions for imposing liability; Wrongful act; Damnum sine injuria; Causation; Mens rea; Intention; Malice; Negligence and recklessness; Strict liability; Vicarious liability. 

Unit-5
Teaching Hours:10
LIABILITY
 

Conditions for imposing liability; Wrongful act; Damnum sine injuria; Causation; Mens rea; Intention; Malice; Negligence and recklessness; Strict liability; Vicarious liability. 

Unit-6
Teaching Hours:8
OBLIGATION AND PROCEDURE
 

Nature and kinds; Sources of obligation; Substantive and procedural laws: difference; Evidence: Nature and kinds.

Unit-6
Teaching Hours:8
OBLIGATION AND PROCEDURE
 

Nature and kinds; Sources of obligation; Substantive and procedural laws: difference; Evidence: Nature and kinds.

Unit-6
Teaching Hours:8
OBLIGATION AND PROCEDURE
 

Nature and kinds; Sources of obligation; Substantive and procedural laws: difference; Evidence: Nature and kinds.

Unit-6
Teaching Hours:8
OBLIGATION AND PROCEDURE
 

Nature and kinds; Sources of obligation; Substantive and procedural laws: difference; Evidence: Nature and kinds.

Unit-6
Teaching Hours:8
OBLIGATION AND PROCEDURE
 

Nature and kinds; Sources of obligation; Substantive and procedural laws: difference; Evidence: Nature and kinds.

Unit-6
Teaching Hours:8
OBLIGATION AND PROCEDURE
 

Nature and kinds; Sources of obligation; Substantive and procedural laws: difference; Evidence: Nature and kinds.

Text Books And Reference Books:

 

  1. Bodenheimer. Jurisprudence—The Philosophy and Method of Law. New Delhi: Universal, 1996.
  2. Fitzgerald (ed.) Salmond on Jurisprudence. Bombay: Tripathi, 1999.
  3. Friedmann, W. Legal Theory. New Delhi: Universal, 1999.
  4. V.D. Mahajan, Jurisprudence and Legal Theory. Lucknow: Eastern Book Co., 1996 (reprint). 
  5. Freeman M. D. A. (ed.), Lloyd's Introduction to Jurisprudence, (1994), Sweet & Maxwell
Essential Reading / Recommended Reading

 

  1. Paton G. W. Jurisprudence.Oxford: ELBS, OUP,1972
  2. Hart, H. L. A. The Concepts of Law. Oxford: ELBS, OUP, 1970
  3. Pound, Roscoe. Introduction to the Philosophy of Law. New Delhi: Universal, 1996 (reprint).
  4. Dias R. W. M. Jurisprudence. New Delhi: Adithya Books. 1994 (First Indian re-print)
  5. Dhyani S. N. Jurisprudence: A Study of Indian Legal Theory, New Delhi: Metropolitan, 1985.
Evaluation Pattern

SCHEME OF VALUATION

·      CIA I – Class Test / Assignment / Presentation            – 10%

·      CIA II – Mid Semester Examination                                 – 25% 

·     CIA III – Research Topic                                                     – 10% 

·     Attendance                                                                            – 05% 

·     End Semester Examination                                                 – 50% 

 

                                                                                                TOTAL 100%

LAW453 - PUBLIC INTERNATIONAL LAW (2023 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

This course on the principles of public international law is offered to students of the seventh semester. The basic principles of international law are dealt with extensively in this course. The course aims to help students to understand the theory and practice of international law.

Learning Outcome

CO1: Understand the different aspects of public international law based on types of concepts and theories.

CO2: Apply various principles to both primary and secondary sources of public international law, including international treaties, with minimal guidance.

CO3: Analyse the factors pertaining to international politics, international relations and economics that have influenced the formulation and development of public international law.

CO4: Examine the enforcement mechanism under public international law relating to various conflicts and disputes.

CO5: Evaluate the complex problems in public international law, apply the legal principles to these problems, evaluate competing arguments and present well-supported conclusions.

CO6: Critically examine, interpret, evaluate and synthesize information from a variety of sources.

Unit-1
Teaching Hours:6
INTRODUCTION TO INTERNATIONAL LAW
 

Definition, Nature, Relationship and Difference between Public International Law and

Private International Law, Importance of International Law, Theory of Law of Nature,

Theory of Positivism, True Basis of International Law, Theory of Consent, Theory of

Auto Limitation, New trends.

Unit-1
Teaching Hours:6
INTRODUCTION TO INTERNATIONAL LAW
 

Definition, Nature, Relationship and Difference between Public International Law and

Private International Law, Importance of International Law, Theory of Law of Nature,

Theory of Positivism, True Basis of International Law, Theory of Consent, Theory of

Auto Limitation, New trends.

Unit-1
Teaching Hours:6
INTRODUCTION TO INTERNATIONAL LAW
 

Definition, Nature, Relationship and Difference between Public International Law and

Private International Law, Importance of International Law, Theory of Law of Nature,

Theory of Positivism, True Basis of International Law, Theory of Consent, Theory of

Auto Limitation, New trends.

Unit-1
Teaching Hours:6
INTRODUCTION TO INTERNATIONAL LAW
 

Definition, Nature, Relationship and Difference between Public International Law and

Private International Law, Importance of International Law, Theory of Law of Nature,

Theory of Positivism, True Basis of International Law, Theory of Consent, Theory of

Auto Limitation, New trends.

Unit-1
Teaching Hours:6
INTRODUCTION TO INTERNATIONAL LAW
 

Definition, Nature, Relationship and Difference between Public International Law and

Private International Law, Importance of International Law, Theory of Law of Nature,

Theory of Positivism, True Basis of International Law, Theory of Consent, Theory of

Auto Limitation, New trends.

Unit-1
Teaching Hours:6
INTRODUCTION TO INTERNATIONAL LAW
 

Definition, Nature, Relationship and Difference between Public International Law and

Private International Law, Importance of International Law, Theory of Law of Nature,

Theory of Positivism, True Basis of International Law, Theory of Consent, Theory of

Auto Limitation, New trends.

Unit-2
Teaching Hours:6
SOURCES OF INTERNATIONAL LAW
 

Source Doctrine in International Law (Art.38(1) of the Statute of ICJ), Is there a

hierarchy of sources in international law? Relative normativity in international law (the

“soft law” discourse)—e.g. Friendly Relations Declarations, 1970, NIEO Declaration,

1974 etc. Relationship between international law and municipal law—monism and

dualism Concept of treaty—Pacta Sunt Servanda, Rebus sic stantibus , Treatymaking

(negotiations, signature, reservations—Vienna Convention on the Law of

Treaties, Interpretation, Modification and Amendment of Treaties, Invalidity,

Termination and Suspension of Treaties. Relationship between customs and treaties.

Unit-2
Teaching Hours:6
SOURCES OF INTERNATIONAL LAW
 

Source Doctrine in International Law (Art.38(1) of the Statute of ICJ), Is there a

hierarchy of sources in international law? Relative normativity in international law (the

“soft law” discourse)—e.g. Friendly Relations Declarations, 1970, NIEO Declaration,

1974 etc. Relationship between international law and municipal law—monism and

dualism Concept of treaty—Pacta Sunt Servanda, Rebus sic stantibus , Treatymaking

(negotiations, signature, reservations—Vienna Convention on the Law of

Treaties, Interpretation, Modification and Amendment of Treaties, Invalidity,

Termination and Suspension of Treaties. Relationship between customs and treaties.

Unit-2
Teaching Hours:6
SOURCES OF INTERNATIONAL LAW
 

Source Doctrine in International Law (Art.38(1) of the Statute of ICJ), Is there a

hierarchy of sources in international law? Relative normativity in international law (the

“soft law” discourse)—e.g. Friendly Relations Declarations, 1970, NIEO Declaration,

1974 etc. Relationship between international law and municipal law—monism and

dualism Concept of treaty—Pacta Sunt Servanda, Rebus sic stantibus , Treatymaking

(negotiations, signature, reservations—Vienna Convention on the Law of

Treaties, Interpretation, Modification and Amendment of Treaties, Invalidity,

Termination and Suspension of Treaties. Relationship between customs and treaties.

Unit-2
Teaching Hours:6
SOURCES OF INTERNATIONAL LAW
 

Source Doctrine in International Law (Art.38(1) of the Statute of ICJ), Is there a

hierarchy of sources in international law? Relative normativity in international law (the

“soft law” discourse)—e.g. Friendly Relations Declarations, 1970, NIEO Declaration,

1974 etc. Relationship between international law and municipal law—monism and

dualism Concept of treaty—Pacta Sunt Servanda, Rebus sic stantibus , Treatymaking

(negotiations, signature, reservations—Vienna Convention on the Law of

Treaties, Interpretation, Modification and Amendment of Treaties, Invalidity,

Termination and Suspension of Treaties. Relationship between customs and treaties.

Unit-2
Teaching Hours:6
SOURCES OF INTERNATIONAL LAW
 

Source Doctrine in International Law (Art.38(1) of the Statute of ICJ), Is there a

hierarchy of sources in international law? Relative normativity in international law (the

“soft law” discourse)—e.g. Friendly Relations Declarations, 1970, NIEO Declaration,

1974 etc. Relationship between international law and municipal law—monism and

dualism Concept of treaty—Pacta Sunt Servanda, Rebus sic stantibus , Treatymaking

(negotiations, signature, reservations—Vienna Convention on the Law of

Treaties, Interpretation, Modification and Amendment of Treaties, Invalidity,

Termination and Suspension of Treaties. Relationship between customs and treaties.

Unit-2
Teaching Hours:6
SOURCES OF INTERNATIONAL LAW
 

Source Doctrine in International Law (Art.38(1) of the Statute of ICJ), Is there a

hierarchy of sources in international law? Relative normativity in international law (the

“soft law” discourse)—e.g. Friendly Relations Declarations, 1970, NIEO Declaration,

1974 etc. Relationship between international law and municipal law—monism and

dualism Concept of treaty—Pacta Sunt Servanda, Rebus sic stantibus , Treatymaking

(negotiations, signature, reservations—Vienna Convention on the Law of

Treaties, Interpretation, Modification and Amendment of Treaties, Invalidity,

Termination and Suspension of Treaties. Relationship between customs and treaties.

Unit-3
Teaching Hours:6
SUBJECTS OF INTERNATIONAL LAW
 

Individuals, States; International Organizations; Non State Entities; Entities Sui

Generis, Definition and Incidence of Statehood; Rights and Duties of States;

Recognition – Theories, Modes, Effects of Recognition. State Territory; Modes of

Acquisition; Modes of Loss, Definition of State Succession; Rights and Duties Arising

out of State Succession Doctrine of State jurisdiction, State Responsibility, ILC’s effort

to codify state responsibility, ILC Draft Articles on the Responsibility of States for

Internationally Wrongful Acts

Unit-3
Teaching Hours:6
SUBJECTS OF INTERNATIONAL LAW
 

Individuals, States; International Organizations; Non State Entities; Entities Sui

Generis, Definition and Incidence of Statehood; Rights and Duties of States;

Recognition – Theories, Modes, Effects of Recognition. State Territory; Modes of

Acquisition; Modes of Loss, Definition of State Succession; Rights and Duties Arising

out of State Succession Doctrine of State jurisdiction, State Responsibility, ILC’s effort

to codify state responsibility, ILC Draft Articles on the Responsibility of States for

Internationally Wrongful Acts

Unit-3
Teaching Hours:6
SUBJECTS OF INTERNATIONAL LAW
 

Individuals, States; International Organizations; Non State Entities; Entities Sui

Generis, Definition and Incidence of Statehood; Rights and Duties of States;

Recognition – Theories, Modes, Effects of Recognition. State Territory; Modes of

Acquisition; Modes of Loss, Definition of State Succession; Rights and Duties Arising

out of State Succession Doctrine of State jurisdiction, State Responsibility, ILC’s effort

to codify state responsibility, ILC Draft Articles on the Responsibility of States for

Internationally Wrongful Acts

Unit-3
Teaching Hours:6
SUBJECTS OF INTERNATIONAL LAW
 

Individuals, States; International Organizations; Non State Entities; Entities Sui

Generis, Definition and Incidence of Statehood; Rights and Duties of States;

Recognition – Theories, Modes, Effects of Recognition. State Territory; Modes of

Acquisition; Modes of Loss, Definition of State Succession; Rights and Duties Arising

out of State Succession Doctrine of State jurisdiction, State Responsibility, ILC’s effort

to codify state responsibility, ILC Draft Articles on the Responsibility of States for

Internationally Wrongful Acts

Unit-3
Teaching Hours:6
SUBJECTS OF INTERNATIONAL LAW
 

Individuals, States; International Organizations; Non State Entities; Entities Sui

Generis, Definition and Incidence of Statehood; Rights and Duties of States;

Recognition – Theories, Modes, Effects of Recognition. State Territory; Modes of

Acquisition; Modes of Loss, Definition of State Succession; Rights and Duties Arising

out of State Succession Doctrine of State jurisdiction, State Responsibility, ILC’s effort

to codify state responsibility, ILC Draft Articles on the Responsibility of States for

Internationally Wrongful Acts

Unit-3
Teaching Hours:6
SUBJECTS OF INTERNATIONAL LAW
 

Individuals, States; International Organizations; Non State Entities; Entities Sui

Generis, Definition and Incidence of Statehood; Rights and Duties of States;

Recognition – Theories, Modes, Effects of Recognition. State Territory; Modes of

Acquisition; Modes of Loss, Definition of State Succession; Rights and Duties Arising

out of State Succession Doctrine of State jurisdiction, State Responsibility, ILC’s effort

to codify state responsibility, ILC Draft Articles on the Responsibility of States for

Internationally Wrongful Acts

Unit-4
Teaching Hours:6
LAW OF TREATIES
 

Concept of treaty—Pacta Sunt Servanda, Rebus sic stantibus

Treaty-making (negotiations, signature, reservations—Vienna Convention on the Law

of Treaties)

Interpretation, Modification and Amendment of Treaties

Invalidity, Termination and Suspension of Treaties

Unit-4
Teaching Hours:6
LAW OF TREATIES
 

Concept of treaty—Pacta Sunt Servanda, Rebus sic stantibus

Treaty-making (negotiations, signature, reservations—Vienna Convention on the Law

of Treaties)

Interpretation, Modification and Amendment of Treaties

Invalidity, Termination and Suspension of Treaties

Unit-4
Teaching Hours:6
LAW OF TREATIES
 

Concept of treaty—Pacta Sunt Servanda, Rebus sic stantibus

Treaty-making (negotiations, signature, reservations—Vienna Convention on the Law

of Treaties)

Interpretation, Modification and Amendment of Treaties

Invalidity, Termination and Suspension of Treaties

Unit-4
Teaching Hours:6
LAW OF TREATIES
 

Concept of treaty—Pacta Sunt Servanda, Rebus sic stantibus

Treaty-making (negotiations, signature, reservations—Vienna Convention on the Law

of Treaties)

Interpretation, Modification and Amendment of Treaties

Invalidity, Termination and Suspension of Treaties

Unit-4
Teaching Hours:6
LAW OF TREATIES
 

Concept of treaty—Pacta Sunt Servanda, Rebus sic stantibus

Treaty-making (negotiations, signature, reservations—Vienna Convention on the Law

of Treaties)

Interpretation, Modification and Amendment of Treaties

Invalidity, Termination and Suspension of Treaties

Unit-4
Teaching Hours:6
LAW OF TREATIES
 

Concept of treaty—Pacta Sunt Servanda, Rebus sic stantibus

Treaty-making (negotiations, signature, reservations—Vienna Convention on the Law

of Treaties)

Interpretation, Modification and Amendment of Treaties

Invalidity, Termination and Suspension of Treaties

Unit-5
Teaching Hours:6
STATEHOOD AND RECOGNITION
 

Subjects of international law: Individuals, States; International Organizations; Non

State Entities; Entities Sui Generis,

Definition and Incidence of Statehood; Rights and Duties of States; Recognition –

Theories, Modes, Effects of Recognition

Unit-5
Teaching Hours:6
STATEHOOD AND RECOGNITION
 

Subjects of international law: Individuals, States; International Organizations; Non

State Entities; Entities Sui Generis,

Definition and Incidence of Statehood; Rights and Duties of States; Recognition –

Theories, Modes, Effects of Recognition

Unit-5
Teaching Hours:6
STATEHOOD AND RECOGNITION
 

Subjects of international law: Individuals, States; International Organizations; Non

State Entities; Entities Sui Generis,

Definition and Incidence of Statehood; Rights and Duties of States; Recognition –

Theories, Modes, Effects of Recognition

Unit-5
Teaching Hours:6
STATEHOOD AND RECOGNITION
 

Subjects of international law: Individuals, States; International Organizations; Non

State Entities; Entities Sui Generis,

Definition and Incidence of Statehood; Rights and Duties of States; Recognition –

Theories, Modes, Effects of Recognition

Unit-5
Teaching Hours:6
STATEHOOD AND RECOGNITION
 

Subjects of international law: Individuals, States; International Organizations; Non

State Entities; Entities Sui Generis,

Definition and Incidence of Statehood; Rights and Duties of States; Recognition –

Theories, Modes, Effects of Recognition

Unit-5
Teaching Hours:6
STATEHOOD AND RECOGNITION
 

Subjects of international law: Individuals, States; International Organizations; Non

State Entities; Entities Sui Generis,

Definition and Incidence of Statehood; Rights and Duties of States; Recognition –

Theories, Modes, Effects of Recognition

Unit-6
Teaching Hours:6
STATE TERRITORY AND STATE SUCCESSION
 

State Territory; Modes of Acquisition; Modes of Loss, Definition of State Succession;

Rights and Duties Arising out of State Succession

Unit-6
Teaching Hours:6
STATE TERRITORY AND STATE SUCCESSION
 

State Territory; Modes of Acquisition; Modes of Loss, Definition of State Succession;

Rights and Duties Arising out of State Succession

Unit-6
Teaching Hours:6
STATE TERRITORY AND STATE SUCCESSION
 

State Territory; Modes of Acquisition; Modes of Loss, Definition of State Succession;

Rights and Duties Arising out of State Succession

Unit-6
Teaching Hours:6
STATE TERRITORY AND STATE SUCCESSION
 

State Territory; Modes of Acquisition; Modes of Loss, Definition of State Succession;

Rights and Duties Arising out of State Succession

Unit-6
Teaching Hours:6
STATE TERRITORY AND STATE SUCCESSION
 

State Territory; Modes of Acquisition; Modes of Loss, Definition of State Succession;

Rights and Duties Arising out of State Succession

Unit-6
Teaching Hours:6
STATE TERRITORY AND STATE SUCCESSION
 

State Territory; Modes of Acquisition; Modes of Loss, Definition of State Succession;

Rights and Duties Arising out of State Succession

Unit-7
Teaching Hours:6
STATE JURISDICTION AND RESPONSIBILITY
 

Doctrine of State jurisdiction

State Responsibility

ILC’s effort to codify state responsibility

ILC Draft Articles on the Responsibility of States for Internationally Wrongful Acts

Unit-7
Teaching Hours:6
STATE JURISDICTION AND RESPONSIBILITY
 

Doctrine of State jurisdiction

State Responsibility

ILC’s effort to codify state responsibility

ILC Draft Articles on the Responsibility of States for Internationally Wrongful Acts

Unit-7
Teaching Hours:6
STATE JURISDICTION AND RESPONSIBILITY
 

Doctrine of State jurisdiction

State Responsibility

ILC’s effort to codify state responsibility

ILC Draft Articles on the Responsibility of States for Internationally Wrongful Acts

Unit-7
Teaching Hours:6
STATE JURISDICTION AND RESPONSIBILITY
 

Doctrine of State jurisdiction

State Responsibility

ILC’s effort to codify state responsibility

ILC Draft Articles on the Responsibility of States for Internationally Wrongful Acts

Unit-7
Teaching Hours:6
STATE JURISDICTION AND RESPONSIBILITY
 

Doctrine of State jurisdiction

State Responsibility

ILC’s effort to codify state responsibility

ILC Draft Articles on the Responsibility of States for Internationally Wrongful Acts

Unit-7
Teaching Hours:6
STATE JURISDICTION AND RESPONSIBILITY
 

Doctrine of State jurisdiction

State Responsibility

ILC’s effort to codify state responsibility

ILC Draft Articles on the Responsibility of States for Internationally Wrongful Acts

Unit-8
Teaching Hours:6
LAW OF THE SEA
 

UNCLOS I and II

UNCLOS III (1982)

Territorial Sea, Contiguous Zone, EEZ, Continental Shelf and the High Seas

Other Concepts: Hot pursuit, piracy, Common Heritage of Mankind

Agreement on Part XI of the UNCLOS

Exercise jurisdiction in various zones and exploitation of resources, common heritage

of mankind, Biodiversity beyond national jurisdiction.

Unit-8
Teaching Hours:6
LAW OF THE SEA
 

UNCLOS I and II

UNCLOS III (1982)

Territorial Sea, Contiguous Zone, EEZ, Continental Shelf and the High Seas

Other Concepts: Hot pursuit, piracy, Common Heritage of Mankind

Agreement on Part XI of the UNCLOS

Exercise jurisdiction in various zones and exploitation of resources, common heritage

of mankind, Biodiversity beyond national jurisdiction.

Unit-8
Teaching Hours:6
LAW OF THE SEA
 

UNCLOS I and II

UNCLOS III (1982)

Territorial Sea, Contiguous Zone, EEZ, Continental Shelf and the High Seas

Other Concepts: Hot pursuit, piracy, Common Heritage of Mankind

Agreement on Part XI of the UNCLOS

Exercise jurisdiction in various zones and exploitation of resources, common heritage

of mankind, Biodiversity beyond national jurisdiction.

Unit-8
Teaching Hours:6
LAW OF THE SEA
 

UNCLOS I and II

UNCLOS III (1982)

Territorial Sea, Contiguous Zone, EEZ, Continental Shelf and the High Seas

Other Concepts: Hot pursuit, piracy, Common Heritage of Mankind

Agreement on Part XI of the UNCLOS

Exercise jurisdiction in various zones and exploitation of resources, common heritage

of mankind, Biodiversity beyond national jurisdiction.

Unit-8
Teaching Hours:6
LAW OF THE SEA
 

UNCLOS I and II

UNCLOS III (1982)

Territorial Sea, Contiguous Zone, EEZ, Continental Shelf and the High Seas

Other Concepts: Hot pursuit, piracy, Common Heritage of Mankind

Agreement on Part XI of the UNCLOS

Exercise jurisdiction in various zones and exploitation of resources, common heritage

of mankind, Biodiversity beyond national jurisdiction.

Unit-8
Teaching Hours:6
LAW OF THE SEA
 

UNCLOS I and II

UNCLOS III (1982)

Territorial Sea, Contiguous Zone, EEZ, Continental Shelf and the High Seas

Other Concepts: Hot pursuit, piracy, Common Heritage of Mankind

Agreement on Part XI of the UNCLOS

Exercise jurisdiction in various zones and exploitation of resources, common heritage

of mankind, Biodiversity beyond national jurisdiction.

Unit-9
Teaching Hours:6
NATIONALITY, ASYLUM AND EXTRADITION
 

Nationality: Meaning; Modes of Acquisition of Nationality; Loss of Nationality; Principle

of Effective Nationality (Nottebohm case); Statelessness; Extradition: Meaning; Basic

Principles; Conditions; Asylum: Meaning and Definition; Conditions for seeking asylum;Relationship between Asylum and Extradition; Distinction between Asylum seekers

and Refugees

Unit-9
Teaching Hours:6
NATIONALITY, ASYLUM AND EXTRADITION
 

Nationality: Meaning; Modes of Acquisition of Nationality; Loss of Nationality; Principle

of Effective Nationality (Nottebohm case); Statelessness; Extradition: Meaning; Basic

Principles; Conditions; Asylum: Meaning and Definition; Conditions for seeking asylum;Relationship between Asylum and Extradition; Distinction between Asylum seekers

and Refugees

Unit-9
Teaching Hours:6
NATIONALITY, ASYLUM AND EXTRADITION
 

Nationality: Meaning; Modes of Acquisition of Nationality; Loss of Nationality; Principle

of Effective Nationality (Nottebohm case); Statelessness; Extradition: Meaning; Basic

Principles; Conditions; Asylum: Meaning and Definition; Conditions for seeking asylum;Relationship between Asylum and Extradition; Distinction between Asylum seekers

and Refugees

Unit-9
Teaching Hours:6
NATIONALITY, ASYLUM AND EXTRADITION
 

Nationality: Meaning; Modes of Acquisition of Nationality; Loss of Nationality; Principle

of Effective Nationality (Nottebohm case); Statelessness; Extradition: Meaning; Basic

Principles; Conditions; Asylum: Meaning and Definition; Conditions for seeking asylum;Relationship between Asylum and Extradition; Distinction between Asylum seekers

and Refugees

Unit-9
Teaching Hours:6
NATIONALITY, ASYLUM AND EXTRADITION
 

Nationality: Meaning; Modes of Acquisition of Nationality; Loss of Nationality; Principle

of Effective Nationality (Nottebohm case); Statelessness; Extradition: Meaning; Basic

Principles; Conditions; Asylum: Meaning and Definition; Conditions for seeking asylum;Relationship between Asylum and Extradition; Distinction between Asylum seekers

and Refugees

Unit-9
Teaching Hours:6
NATIONALITY, ASYLUM AND EXTRADITION
 

Nationality: Meaning; Modes of Acquisition of Nationality; Loss of Nationality; Principle

of Effective Nationality (Nottebohm case); Statelessness; Extradition: Meaning; Basic

Principles; Conditions; Asylum: Meaning and Definition; Conditions for seeking asylum;Relationship between Asylum and Extradition; Distinction between Asylum seekers

and Refugees

Unit-10
Teaching Hours:6
INTERNATIONAL SETTLEMENT OF DISPUTES
 

Means of Settlement: Arbitration, Negotiation, Good Offices, Mediation, Conciliation,

Enquiry; Settlement of International Disputes under the United Nations; International

Court of Justice and other adjudicatory bodies.

Developing countries’ perspectives on international Dispute Settlement:

1. Historical experiences

2. New International Economic order

3. New International Information Order

4. New International Humanitarian Order

Unit-10
Teaching Hours:6
INTERNATIONAL SETTLEMENT OF DISPUTES
 

Means of Settlement: Arbitration, Negotiation, Good Offices, Mediation, Conciliation,

Enquiry; Settlement of International Disputes under the United Nations; International

Court of Justice and other adjudicatory bodies.

Developing countries’ perspectives on international Dispute Settlement:

1. Historical experiences

2. New International Economic order

3. New International Information Order

4. New International Humanitarian Order

Unit-10
Teaching Hours:6
INTERNATIONAL SETTLEMENT OF DISPUTES
 

Means of Settlement: Arbitration, Negotiation, Good Offices, Mediation, Conciliation,

Enquiry; Settlement of International Disputes under the United Nations; International

Court of Justice and other adjudicatory bodies.

Developing countries’ perspectives on international Dispute Settlement:

1. Historical experiences

2. New International Economic order

3. New International Information Order

4. New International Humanitarian Order

Unit-10
Teaching Hours:6
INTERNATIONAL SETTLEMENT OF DISPUTES
 

Means of Settlement: Arbitration, Negotiation, Good Offices, Mediation, Conciliation,

Enquiry; Settlement of International Disputes under the United Nations; International

Court of Justice and other adjudicatory bodies.

Developing countries’ perspectives on international Dispute Settlement:

1. Historical experiences

2. New International Economic order

3. New International Information Order

4. New International Humanitarian Order

Unit-10
Teaching Hours:6
INTERNATIONAL SETTLEMENT OF DISPUTES
 

Means of Settlement: Arbitration, Negotiation, Good Offices, Mediation, Conciliation,

Enquiry; Settlement of International Disputes under the United Nations; International

Court of Justice and other adjudicatory bodies.

Developing countries’ perspectives on international Dispute Settlement:

1. Historical experiences

2. New International Economic order

3. New International Information Order

4. New International Humanitarian Order

Unit-10
Teaching Hours:6
INTERNATIONAL SETTLEMENT OF DISPUTES
 

Means of Settlement: Arbitration, Negotiation, Good Offices, Mediation, Conciliation,

Enquiry; Settlement of International Disputes under the United Nations; International

Court of Justice and other adjudicatory bodies.

Developing countries’ perspectives on international Dispute Settlement:

1. Historical experiences

2. New International Economic order

3. New International Information Order

4. New International Humanitarian Order

Text Books And Reference Books:

1. Brownlie, Ian. Principles of Public International Law, by James Crawford, 8th ed. Oxford, 2012.

2. Cassese, Antonio, International Law, 2nd ed. Oxford University Press.

3. Shearer, I. A. Starke’s International Law. 11th ed., Butterworths, 11th Edition (1994)

4. Shaw, Malcolm N. International Law. 6th ed. Cambridge University Press, 2008, Cambridge.

5. Evans, Malcolm D. (Ed.) International Law. 2nd ed. Oxford University Press, 2006, Oxford.

Essential Reading / Recommended Reading

1. Venzke, How Interpretation makes International Law, 2013, Oxford University Press.

2. Garcia-Salmones Rovira, Project of Positivism in International Law, 2014, Oxford University Press.

3. Walter et al (eds.), Self Determination and Secession in International Law, 2014, Oxford University Press.

Evaluation Pattern

CIA I

CIA II

CIA III

ESE

Attendance

10%

25%

10%

50%

05%

LAW454 - CONSTITUTIONAL LAW II (2023 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

 

This course aims at a better understanding of the Constitution and the law, which has developed through constitutional amendments, judicial decisions, constitutional practice and conventions is, therefore, absolutely necessary for a student of law. He must also know the genesis, nature and special features and be aware of the social, political and economic influence on the Constitution and the role played by the three organs of the Government. It introduces the students to the stormy Centre-State relations and the conduct of elections.

Unit 1 is designed to impart the students about the composition, powers and functions of the Union and State Executives. While Unit 2 aims at educating the students all about the Parliament and state legislatures. Unit 3 throws light on the working of the Judiciary, Supreme Court and High Courts and their writ jurisdictions. Unit 4 discusses the most contentious issue of the Centre-State relations. Unit 5 is designed to discuss government contracts and Unit 6 the all important aspects of the power of amendment, emergency provisions and elections.

 

Course Objectives:

    1.     To provide the framework of the organization and working of the three organs of the Government.

2.     To describe about the composition, powers and privileges of Legislature

3.     To analyse the role of Apex Court and various High Courts in adjudicatory process.

4.     To examine the Centre-State relationship under the Constitution of India

5.     To provide an overview of the Government Contracts and Services

6.     To impart an understanding with respect to the provisions relating to election commission in India.

7.     To find out the provisions underlying emergency and amending powers. 

 

 

Learning Outcome

CO1: Describe the powers and function of Executive, Legislature and Judiciary.

CO2: Explain the law-making process under the Constitution of India.

CO3: Analyse the role played by the Supreme Court and High Courts in the dispensation of justice.

CO4: Evaluate the working of the Election Commission of India within the Indian democratic framework.

CO5: Illustrate the role of the Government as party to a contract and its implications as well as conditions affecting the services.

CO6: Evaluate the working of the center-state relationship under the Constitution of India.

CO7: Interpret the provisions underlying emergency and amending powers through case laws.

UNIT 1
Teaching Hours:10
EXECUTIVE
 

President of India – Election, Powers and Functions, Vice-President, Legislative Powers, Advisory Opinion of Judiciary – Governors – Appointment, Powers and Functions, Relationship Between State Government and Cabinet, Power to Make Laws – Relationship between Union and State Executives.

UNIT 1
Teaching Hours:10
EXECUTIVE
 

President of India – Election, Powers and Functions, Vice-President, Legislative Powers, Advisory Opinion of Judiciary – Governors – Appointment, Powers and Functions, Relationship Between State Government and Cabinet, Power to Make Laws – Relationship between Union and State Executives.

UNIT 1
Teaching Hours:10
EXECUTIVE
 

President of India – Election, Powers and Functions, Vice-President, Legislative Powers, Advisory Opinion of Judiciary – Governors – Appointment, Powers and Functions, Relationship Between State Government and Cabinet, Power to Make Laws – Relationship between Union and State Executives.

UNIT 1
Teaching Hours:10
EXECUTIVE
 

President of India – Election, Powers and Functions, Vice-President, Legislative Powers, Advisory Opinion of Judiciary – Governors – Appointment, Powers and Functions, Relationship Between State Government and Cabinet, Power to Make Laws – Relationship between Union and State Executives.

UNIT 1
Teaching Hours:10
EXECUTIVE
 

President of India – Election, Powers and Functions, Vice-President, Legislative Powers, Advisory Opinion of Judiciary – Governors – Appointment, Powers and Functions, Relationship Between State Government and Cabinet, Power to Make Laws – Relationship between Union and State Executives.

UNIT 1
Teaching Hours:10
EXECUTIVE
 

President of India – Election, Powers and Functions, Vice-President, Legislative Powers, Advisory Opinion of Judiciary – Governors – Appointment, Powers and Functions, Relationship Between State Government and Cabinet, Power to Make Laws – Relationship between Union and State Executives.

UNIT 2
Teaching Hours:12
LEGISLATURE
 

Constitution, Compositions and Sessions, Powers and Privileges of Members of Parliament and state legislatures – Introduction and Passing of Bills, Joint Sitting, Money Bills, Budget.

 

UNIT 2
Teaching Hours:12
LEGISLATURE
 

Constitution, Compositions and Sessions, Powers and Privileges of Members of Parliament and state legislatures – Introduction and Passing of Bills, Joint Sitting, Money Bills, Budget.

 

UNIT 2
Teaching Hours:12
LEGISLATURE
 

Constitution, Compositions and Sessions, Powers and Privileges of Members of Parliament and state legislatures – Introduction and Passing of Bills, Joint Sitting, Money Bills, Budget.

 

UNIT 2
Teaching Hours:12
LEGISLATURE
 

Constitution, Compositions and Sessions, Powers and Privileges of Members of Parliament and state legislatures – Introduction and Passing of Bills, Joint Sitting, Money Bills, Budget.

 

UNIT 2
Teaching Hours:12
LEGISLATURE
 

Constitution, Compositions and Sessions, Powers and Privileges of Members of Parliament and state legislatures – Introduction and Passing of Bills, Joint Sitting, Money Bills, Budget.

 

UNIT 2
Teaching Hours:12
LEGISLATURE
 

Constitution, Compositions and Sessions, Powers and Privileges of Members of Parliament and state legislatures – Introduction and Passing of Bills, Joint Sitting, Money Bills, Budget.

 

UNIT 3
Teaching Hours:15
JUDICIARY
 

Supreme Court – Establishment and Constitution, Court of Record, Jurisdiction, Original and Appellate Jurisdiction, Special Leave Petition, Precedents.

High Courts – Establishment and composition, Writ jurisdiction, Power over lower courts

Prerogative Writs – Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto. – Writ Jurisdictions of Supreme Court and High Courts.

UNIT 3
Teaching Hours:15
JUDICIARY
 

Supreme Court – Establishment and Constitution, Court of Record, Jurisdiction, Original and Appellate Jurisdiction, Special Leave Petition, Precedents.

High Courts – Establishment and composition, Writ jurisdiction, Power over lower courts

Prerogative Writs – Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto. – Writ Jurisdictions of Supreme Court and High Courts.

UNIT 3
Teaching Hours:15
JUDICIARY
 

Supreme Court – Establishment and Constitution, Court of Record, Jurisdiction, Original and Appellate Jurisdiction, Special Leave Petition, Precedents.

High Courts – Establishment and composition, Writ jurisdiction, Power over lower courts

Prerogative Writs – Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto. – Writ Jurisdictions of Supreme Court and High Courts.

UNIT 3
Teaching Hours:15
JUDICIARY
 

Supreme Court – Establishment and Constitution, Court of Record, Jurisdiction, Original and Appellate Jurisdiction, Special Leave Petition, Precedents.

High Courts – Establishment and composition, Writ jurisdiction, Power over lower courts

Prerogative Writs – Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto. – Writ Jurisdictions of Supreme Court and High Courts.

UNIT 3
Teaching Hours:15
JUDICIARY
 

Supreme Court – Establishment and Constitution, Court of Record, Jurisdiction, Original and Appellate Jurisdiction, Special Leave Petition, Precedents.

High Courts – Establishment and composition, Writ jurisdiction, Power over lower courts

Prerogative Writs – Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto. – Writ Jurisdictions of Supreme Court and High Courts.

UNIT 3
Teaching Hours:15
JUDICIARY
 

Supreme Court – Establishment and Constitution, Court of Record, Jurisdiction, Original and Appellate Jurisdiction, Special Leave Petition, Precedents.

High Courts – Establishment and composition, Writ jurisdiction, Power over lower courts

Prerogative Writs – Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto. – Writ Jurisdictions of Supreme Court and High Courts.

UNIT 4
Teaching Hours:8
Centre-State Relations
 

Learning Outcome: The study of this Unit is instrumental in students' understanding of the struggle for constitutional space by the two governments in federalism.

Federalism, Administrative Relations, Financial Relations, Finance Commission, Trade Relations.

UNIT 4
Teaching Hours:8
Centre-State Relations
 

Learning Outcome: The study of this Unit is instrumental in students' understanding of the struggle for constitutional space by the two governments in federalism.

Federalism, Administrative Relations, Financial Relations, Finance Commission, Trade Relations.

UNIT 4
Teaching Hours:8
Centre-State Relations
 

Learning Outcome: The study of this Unit is instrumental in students' understanding of the struggle for constitutional space by the two governments in federalism.

Federalism, Administrative Relations, Financial Relations, Finance Commission, Trade Relations.

UNIT 4
Teaching Hours:8
Centre-State Relations
 

Learning Outcome: The study of this Unit is instrumental in students' understanding of the struggle for constitutional space by the two governments in federalism.

Federalism, Administrative Relations, Financial Relations, Finance Commission, Trade Relations.

UNIT 4
Teaching Hours:8
Centre-State Relations
 

Learning Outcome: The study of this Unit is instrumental in students' understanding of the struggle for constitutional space by the two governments in federalism.

Federalism, Administrative Relations, Financial Relations, Finance Commission, Trade Relations.

UNIT 4
Teaching Hours:8
Centre-State Relations
 

Learning Outcome: The study of this Unit is instrumental in students' understanding of the struggle for constitutional space by the two governments in federalism.

Federalism, Administrative Relations, Financial Relations, Finance Commission, Trade Relations.

UNIT 5
Teaching Hours:8
CONTRACTS AND SERVICES
 

Learning Outcome: Students would be learning, at the end of this Unit, the role of government as party to a contract and its implications as well as conditions affecting the services.

Government contracts, Recruitment and conditions of service, Doctrine of pleasure

UNIT 5
Teaching Hours:8
CONTRACTS AND SERVICES
 

Learning Outcome: Students would be learning, at the end of this Unit, the role of government as party to a contract and its implications as well as conditions affecting the services.

Government contracts, Recruitment and conditions of service, Doctrine of pleasure

UNIT 5
Teaching Hours:8
CONTRACTS AND SERVICES
 

Learning Outcome: Students would be learning, at the end of this Unit, the role of government as party to a contract and its implications as well as conditions affecting the services.

Government contracts, Recruitment and conditions of service, Doctrine of pleasure

UNIT 5
Teaching Hours:8
CONTRACTS AND SERVICES
 

Learning Outcome: Students would be learning, at the end of this Unit, the role of government as party to a contract and its implications as well as conditions affecting the services.

Government contracts, Recruitment and conditions of service, Doctrine of pleasure

UNIT 5
Teaching Hours:8
CONTRACTS AND SERVICES
 

Learning Outcome: Students would be learning, at the end of this Unit, the role of government as party to a contract and its implications as well as conditions affecting the services.

Government contracts, Recruitment and conditions of service, Doctrine of pleasure

UNIT 5
Teaching Hours:8
CONTRACTS AND SERVICES
 

Learning Outcome: Students would be learning, at the end of this Unit, the role of government as party to a contract and its implications as well as conditions affecting the services.

Government contracts, Recruitment and conditions of service, Doctrine of pleasure

UNIT 6
Teaching Hours:7
ELECTIONS, EMERGENCY AND AMENDMENT
 

Learning Outcome: The study of this Unit makes students appreciate the legal nuances of emergency and amendment powers as well as the manner of conducting of elections.

Election commission – Composition, Powers and Functions, Role of EC in the Superintendence of Elections, Anti-defection Law, Representation of Peoples Act, 1951.

Emergency – National, state and financial, Suspension of Fundamental rights, Amendment – power and necessary procedure.

UNIT 6
Teaching Hours:7
ELECTIONS, EMERGENCY AND AMENDMENT
 

Learning Outcome: The study of this Unit makes students appreciate the legal nuances of emergency and amendment powers as well as the manner of conducting of elections.

Election commission – Composition, Powers and Functions, Role of EC in the Superintendence of Elections, Anti-defection Law, Representation of Peoples Act, 1951.

Emergency – National, state and financial, Suspension of Fundamental rights, Amendment – power and necessary procedure.

UNIT 6
Teaching Hours:7
ELECTIONS, EMERGENCY AND AMENDMENT
 

Learning Outcome: The study of this Unit makes students appreciate the legal nuances of emergency and amendment powers as well as the manner of conducting of elections.

Election commission – Composition, Powers and Functions, Role of EC in the Superintendence of Elections, Anti-defection Law, Representation of Peoples Act, 1951.

Emergency – National, state and financial, Suspension of Fundamental rights, Amendment – power and necessary procedure.

UNIT 6
Teaching Hours:7
ELECTIONS, EMERGENCY AND AMENDMENT
 

Learning Outcome: The study of this Unit makes students appreciate the legal nuances of emergency and amendment powers as well as the manner of conducting of elections.

Election commission – Composition, Powers and Functions, Role of EC in the Superintendence of Elections, Anti-defection Law, Representation of Peoples Act, 1951.

Emergency – National, state and financial, Suspension of Fundamental rights, Amendment – power and necessary procedure.

UNIT 6
Teaching Hours:7
ELECTIONS, EMERGENCY AND AMENDMENT
 

Learning Outcome: The study of this Unit makes students appreciate the legal nuances of emergency and amendment powers as well as the manner of conducting of elections.

Election commission – Composition, Powers and Functions, Role of EC in the Superintendence of Elections, Anti-defection Law, Representation of Peoples Act, 1951.

Emergency – National, state and financial, Suspension of Fundamental rights, Amendment – power and necessary procedure.

UNIT 6
Teaching Hours:7
ELECTIONS, EMERGENCY AND AMENDMENT
 

Learning Outcome: The study of this Unit makes students appreciate the legal nuances of emergency and amendment powers as well as the manner of conducting of elections.

Election commission – Composition, Powers and Functions, Role of EC in the Superintendence of Elections, Anti-defection Law, Representation of Peoples Act, 1951.

Emergency – National, state and financial, Suspension of Fundamental rights, Amendment – power and necessary procedure.

Text Books And Reference Books:

1.      Singh, M. P., and V. N. Shukla. Constitution of India. 11th ed. Lucknow: Eastern Book Co., 2010.

2.      De, D. J. Constitution of India. 2 Vols. 2nd ed. Hyderabad: Asia Law House, 2005.

3.      Basu, D. D. Constitutional Law of India. 7th ed. Nagpur: Wadhwa, 1998.

4.      Jain, M. P. Indian Constitutional Law. 6th ed. Nagpur: Lexis Nexis Butterworths Wadhwa, 2010.

5.      Seervai, H. M. Constitutional Law of India: A Critical Commentary. 3 vols. 4th ed. New Delhi: Universal Law Publishers, 2006.

6.      Lok Sabha Secretariat. Constituent Assembly Debates. 5 Vols. New Delhi: Lok Sabha Secretariat.

7.      Chandrachud, Y. V. Durga Das Basu Shorter Constitution of India. 13th ed. Nagpur: Wadhwa & Co., 2005.

8.      Austin, Granville. Working a Democratic Constitution: A History of the Indian Experience. New Delhi: Oxford University Press, 1999.

9.      Basu, D. D. Casebook on Indian Constitution. 2nd ed. Kolkata: Kamal Law House, 2007.

10.  Tribe, Lawrence. American Constitution. 3rd ed. New York: Foundation Press, 2000.

11.  Rao, Shiva. The Framing of India’s Constitution. 6 Vols. New Delhi: Universal Law Publishing, 2004.

12.  Swarup, Jagdish. Constitution of India. 2 Vols. 2nd ed. New Delhi: Modern Law Publications.

Essential Reading / Recommended Reading

1.      Singh, M. P., and V. N. Shukla. Constitution of India. 11th ed. Lucknow: Eastern Book Co., 2010.

2.      De, D. J. Constitution of India. 2 Vols. 2nd ed. Hyderabad: Asia Law House, 2005.

3.      Basu, D. D. Constitutional Law of India. 7th ed. Nagpur: Wadhwa, 1998.

4.      Jain, M. P. Indian Constitutional Law. 6th ed. Nagpur: Lexis Nexis Butterworths Wadhwa, 2010.

5.      Seervai, H. M. Constitutional Law of India: A Critical Commentary. 3 vols. 4th ed. New Delhi: Universal Law Publishers, 2006.

6.      Lok Sabha Secretariat. Constituent Assembly Debates. 5 Vols. New Delhi: Lok Sabha Secretariat.

7.      Chandrachud, Y. V. Durga Das Basu Shorter Constitution of India. 13th ed. Nagpur: Wadhwa & Co., 2005.

8.      Austin, Granville. Working a Democratic Constitution: A History of the Indian Experience. New Delhi: Oxford Uni

Evaluation Pattern

SCHEME OF VALUATION

·         CIA I – Class Test / Assignment / Presentation            – 10%

·         CIA II – Mid Semester Examination                                  – 25%

·         CIA III – Research Paper                                                    – 10%

·         Attendance                                                                            – 05%

·         End Semester Examination                                                – 50%

                                                                                                    TOTAL 100%

LAW455 - PROPERTY LAW (2023 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

Course description:The focus of this course in on the study of the concept of ‘Property’, the ‘nature of property rights’ and the general principles governing the transfer of property. A detailed study of the substantive law relating to particular transfers, such as sale, mortgage, lease, exchange, gift and actionable claims will also be undertaken. The course is designed to enable the readers to understand the basic philosophy of property law and its nuances. It introduces them to the modes of transfer and their ramifications.

Course Objectives:  This course on Property Law focuses on the study of the concept of ‘Property’, the ‘nature of property rights’ and the general principles governing the transfer of property. This course ensures the employability and research skills in each unit. This course also adds on to Goal 8 and Goal 9 in sustainable Development goals of UN. The course is designed to enable the readers to understand the basic philosophy of property law and its nuances. To develop skills, interpretation and application of Transfer of Property Act, 1882 and Indian Easements Act, 1882 for its application in cases .To acquaint the students with the structural arrangement of provisions relating to the prominent types of transfer of property in India and their relevance in the context of development of property jurisprudence.

Learning Outcome

CO1: Identify and describe the scope and ambit of the property laws in India.

CO2: To trace out and understand the theoretical foundation related to property.

CO3: To analyse and understand the interpretation clauses along with the principles involved in the subject.

CO4: To enlist the significant legal provisions relating to transfer of property.

CO5: Analyze the relevant case laws pertaining to the concepts in Easement Act 1882.

Unit-1
Teaching Hours:4
UNIT 1: INTRODUCTION TO PROPERTY LAW
 

Objectives of TP Act, Interpretation clause, Relation to Contract and Registration Act

Unit-1
Teaching Hours:4
UNIT 1: INTRODUCTION TO PROPERTY LAW
 

Objectives of TP Act, Interpretation clause, Relation to Contract and Registration Act

Unit-1
Teaching Hours:4
UNIT 1: INTRODUCTION TO PROPERTY LAW
 

Objectives of TP Act, Interpretation clause, Relation to Contract and Registration Act

Unit-1
Teaching Hours:4
UNIT 1: INTRODUCTION TO PROPERTY LAW
 

Objectives of TP Act, Interpretation clause, Relation to Contract and Registration Act

Unit-1
Teaching Hours:4
UNIT 1: INTRODUCTION TO PROPERTY LAW
 

Objectives of TP Act, Interpretation clause, Relation to Contract and Registration Act

Unit-1
Teaching Hours:4
UNIT 1: INTRODUCTION TO PROPERTY LAW
 

Objectives of TP Act, Interpretation clause, Relation to Contract and Registration Act

Unit-2
Teaching Hours:24
UNIT 2: TRANSFER OF PROPERTY BY ACT OF PARTIES
 

Definition of Transfer of property, Subject matter and Persons competent to transfer, Operation of transfer, Vested and Contingent Interest, Conditions restraining alienation, Transfer for Benefit of Unborn, Rule against Perpetuity, Transfer for the benefit of public in perpetuity, Conditional transfers. Necessity of Election, Apportionment of Periodical Payments, Apportionment of benefit of obligation. Transfer by authorised person, Transfer for maintenance, Restriction on land use, Transfer by ostensible owner, Transfer by unauthorized persons and co-owners, Transfer of property pending suit, Rule of feeding the grant by estoppel, Fraudulent transfer, Part performance.

 

Unit-2
Teaching Hours:24
UNIT 2: TRANSFER OF PROPERTY BY ACT OF PARTIES
 

Definition of Transfer of property, Subject matter and Persons competent to transfer, Operation of transfer, Vested and Contingent Interest, Conditions restraining alienation, Transfer for Benefit of Unborn, Rule against Perpetuity, Transfer for the benefit of public in perpetuity, Conditional transfers. Necessity of Election, Apportionment of Periodical Payments, Apportionment of benefit of obligation. Transfer by authorised person, Transfer for maintenance, Restriction on land use, Transfer by ostensible owner, Transfer by unauthorized persons and co-owners, Transfer of property pending suit, Rule of feeding the grant by estoppel, Fraudulent transfer, Part performance.

 

Unit-2
Teaching Hours:24
UNIT 2: TRANSFER OF PROPERTY BY ACT OF PARTIES
 

Definition of Transfer of property, Subject matter and Persons competent to transfer, Operation of transfer, Vested and Contingent Interest, Conditions restraining alienation, Transfer for Benefit of Unborn, Rule against Perpetuity, Transfer for the benefit of public in perpetuity, Conditional transfers. Necessity of Election, Apportionment of Periodical Payments, Apportionment of benefit of obligation. Transfer by authorised person, Transfer for maintenance, Restriction on land use, Transfer by ostensible owner, Transfer by unauthorized persons and co-owners, Transfer of property pending suit, Rule of feeding the grant by estoppel, Fraudulent transfer, Part performance.

 

Unit-2
Teaching Hours:24
UNIT 2: TRANSFER OF PROPERTY BY ACT OF PARTIES
 

Definition of Transfer of property, Subject matter and Persons competent to transfer, Operation of transfer, Vested and Contingent Interest, Conditions restraining alienation, Transfer for Benefit of Unborn, Rule against Perpetuity, Transfer for the benefit of public in perpetuity, Conditional transfers. Necessity of Election, Apportionment of Periodical Payments, Apportionment of benefit of obligation. Transfer by authorised person, Transfer for maintenance, Restriction on land use, Transfer by ostensible owner, Transfer by unauthorized persons and co-owners, Transfer of property pending suit, Rule of feeding the grant by estoppel, Fraudulent transfer, Part performance.

 

Unit-2
Teaching Hours:24
UNIT 2: TRANSFER OF PROPERTY BY ACT OF PARTIES
 

Definition of Transfer of property, Subject matter and Persons competent to transfer, Operation of transfer, Vested and Contingent Interest, Conditions restraining alienation, Transfer for Benefit of Unborn, Rule against Perpetuity, Transfer for the benefit of public in perpetuity, Conditional transfers. Necessity of Election, Apportionment of Periodical Payments, Apportionment of benefit of obligation. Transfer by authorised person, Transfer for maintenance, Restriction on land use, Transfer by ostensible owner, Transfer by unauthorized persons and co-owners, Transfer of property pending suit, Rule of feeding the grant by estoppel, Fraudulent transfer, Part performance.

 

Unit-2
Teaching Hours:24
UNIT 2: TRANSFER OF PROPERTY BY ACT OF PARTIES
 

Definition of Transfer of property, Subject matter and Persons competent to transfer, Operation of transfer, Vested and Contingent Interest, Conditions restraining alienation, Transfer for Benefit of Unborn, Rule against Perpetuity, Transfer for the benefit of public in perpetuity, Conditional transfers. Necessity of Election, Apportionment of Periodical Payments, Apportionment of benefit of obligation. Transfer by authorised person, Transfer for maintenance, Restriction on land use, Transfer by ostensible owner, Transfer by unauthorized persons and co-owners, Transfer of property pending suit, Rule of feeding the grant by estoppel, Fraudulent transfer, Part performance.

 

Unit-3
Teaching Hours:20
UNIT 3: MODES OF TRANSFER OF IMMOVABLE PROPERTY
 

Sale, Essential features, Mode of Sale, Rights and liabilities of parties, Definition of mortgage, mortgagor, mortgagee, Kinds of Mortgages, Rights and liabilities of mortgagor and mortgagee, Mortgage assurance, Right of mortgagor to redeem, Marshalling and Contribution, Charge. Lease, Essential features, Kinds of leases, Rights and liabilities of lesser and lessee, Termination of lease, forfeiture, Distinction between Lease and Licence. Definition and Essentials of Gift, Different types of gifts, Registration of Gifts, Donatio mortis causa, Universal Gifts, Onerous Gifts. Transfer of actionable claims

Unit-3
Teaching Hours:20
UNIT 3: MODES OF TRANSFER OF IMMOVABLE PROPERTY
 

Sale, Essential features, Mode of Sale, Rights and liabilities of parties, Definition of mortgage, mortgagor, mortgagee, Kinds of Mortgages, Rights and liabilities of mortgagor and mortgagee, Mortgage assurance, Right of mortgagor to redeem, Marshalling and Contribution, Charge. Lease, Essential features, Kinds of leases, Rights and liabilities of lesser and lessee, Termination of lease, forfeiture, Distinction between Lease and Licence. Definition and Essentials of Gift, Different types of gifts, Registration of Gifts, Donatio mortis causa, Universal Gifts, Onerous Gifts. Transfer of actionable claims

Unit-3
Teaching Hours:20
UNIT 3: MODES OF TRANSFER OF IMMOVABLE PROPERTY
 

Sale, Essential features, Mode of Sale, Rights and liabilities of parties, Definition of mortgage, mortgagor, mortgagee, Kinds of Mortgages, Rights and liabilities of mortgagor and mortgagee, Mortgage assurance, Right of mortgagor to redeem, Marshalling and Contribution, Charge. Lease, Essential features, Kinds of leases, Rights and liabilities of lesser and lessee, Termination of lease, forfeiture, Distinction between Lease and Licence. Definition and Essentials of Gift, Different types of gifts, Registration of Gifts, Donatio mortis causa, Universal Gifts, Onerous Gifts. Transfer of actionable claims

Unit-3
Teaching Hours:20
UNIT 3: MODES OF TRANSFER OF IMMOVABLE PROPERTY
 

Sale, Essential features, Mode of Sale, Rights and liabilities of parties, Definition of mortgage, mortgagor, mortgagee, Kinds of Mortgages, Rights and liabilities of mortgagor and mortgagee, Mortgage assurance, Right of mortgagor to redeem, Marshalling and Contribution, Charge. Lease, Essential features, Kinds of leases, Rights and liabilities of lesser and lessee, Termination of lease, forfeiture, Distinction between Lease and Licence. Definition and Essentials of Gift, Different types of gifts, Registration of Gifts, Donatio mortis causa, Universal Gifts, Onerous Gifts. Transfer of actionable claims

Unit-3
Teaching Hours:20
UNIT 3: MODES OF TRANSFER OF IMMOVABLE PROPERTY
 

Sale, Essential features, Mode of Sale, Rights and liabilities of parties, Definition of mortgage, mortgagor, mortgagee, Kinds of Mortgages, Rights and liabilities of mortgagor and mortgagee, Mortgage assurance, Right of mortgagor to redeem, Marshalling and Contribution, Charge. Lease, Essential features, Kinds of leases, Rights and liabilities of lesser and lessee, Termination of lease, forfeiture, Distinction between Lease and Licence. Definition and Essentials of Gift, Different types of gifts, Registration of Gifts, Donatio mortis causa, Universal Gifts, Onerous Gifts. Transfer of actionable claims

Unit-3
Teaching Hours:20
UNIT 3: MODES OF TRANSFER OF IMMOVABLE PROPERTY
 

Sale, Essential features, Mode of Sale, Rights and liabilities of parties, Definition of mortgage, mortgagor, mortgagee, Kinds of Mortgages, Rights and liabilities of mortgagor and mortgagee, Mortgage assurance, Right of mortgagor to redeem, Marshalling and Contribution, Charge. Lease, Essential features, Kinds of leases, Rights and liabilities of lesser and lessee, Termination of lease, forfeiture, Distinction between Lease and Licence. Definition and Essentials of Gift, Different types of gifts, Registration of Gifts, Donatio mortis causa, Universal Gifts, Onerous Gifts. Transfer of actionable claims

Unit-4
Teaching Hours:2
UNIT 4: REGISTRATION OF PROPERTY
 

The Registration Act 1908, The Indian Stamp Act 1899

Unit-4
Teaching Hours:2
UNIT 4: REGISTRATION OF PROPERTY
 

The Registration Act 1908, The Indian Stamp Act 1899

Unit-4
Teaching Hours:2
UNIT 4: REGISTRATION OF PROPERTY
 

The Registration Act 1908, The Indian Stamp Act 1899

Unit-4
Teaching Hours:2
UNIT 4: REGISTRATION OF PROPERTY
 

The Registration Act 1908, The Indian Stamp Act 1899

Unit-4
Teaching Hours:2
UNIT 4: REGISTRATION OF PROPERTY
 

The Registration Act 1908, The Indian Stamp Act 1899

Unit-4
Teaching Hours:2
UNIT 4: REGISTRATION OF PROPERTY
 

The Registration Act 1908, The Indian Stamp Act 1899

Unit-5
Teaching Hours:10
UNIT 5: INDIAN EASEMENT ACT 1882
 

Easement, meaning, essentials, Dominant and Servient heritage, Modes of Acquisition of Easement, Imposition of Easements, Extinction of Easements, Kinds of Easements, Suspension of Easements.

Unit-5
Teaching Hours:10
UNIT 5: INDIAN EASEMENT ACT 1882
 

Easement, meaning, essentials, Dominant and Servient heritage, Modes of Acquisition of Easement, Imposition of Easements, Extinction of Easements, Kinds of Easements, Suspension of Easements.

Unit-5
Teaching Hours:10
UNIT 5: INDIAN EASEMENT ACT 1882
 

Easement, meaning, essentials, Dominant and Servient heritage, Modes of Acquisition of Easement, Imposition of Easements, Extinction of Easements, Kinds of Easements, Suspension of Easements.

Unit-5
Teaching Hours:10
UNIT 5: INDIAN EASEMENT ACT 1882
 

Easement, meaning, essentials, Dominant and Servient heritage, Modes of Acquisition of Easement, Imposition of Easements, Extinction of Easements, Kinds of Easements, Suspension of Easements.

Unit-5
Teaching Hours:10
UNIT 5: INDIAN EASEMENT ACT 1882
 

Easement, meaning, essentials, Dominant and Servient heritage, Modes of Acquisition of Easement, Imposition of Easements, Extinction of Easements, Kinds of Easements, Suspension of Easements.

Unit-5
Teaching Hours:10
UNIT 5: INDIAN EASEMENT ACT 1882
 

Easement, meaning, essentials, Dominant and Servient heritage, Modes of Acquisition of Easement, Imposition of Easements, Extinction of Easements, Kinds of Easements, Suspension of Easements.

Text Books And Reference Books:

1.     Rosedar S R A , Property Laws Transfer of Property & Easements, 2014 

2.     Subbarao, G. C.V. Law of Transfer of Property (Easement, Trust and Wills) 2 Vols. Lucknow: Eastern Book Co., 2002.

3.     Tripathi, G. P. Transfer of Property Act, 15th ed. Allahabad: Central Law Publications, 2006.

4.     Shukla, S. N. Transfer of Property Act. Faridabad: Allahabad Law Agency, 2005.

5.     Gour, Hari Singh. Commentary on Transfer of Property Act, 1882, 12th ed. Delhi: Delhi Law House, 2010.

           6.   Mulla Transfer of Property Act ,12th Edition ,2015

Essential Reading / Recommended Reading

1.     The Registration Act, 1908

2.     The Indian Stamp Act, 1899

3.     The Transfer of Property Act, 1882

             4. Indian Easements Act, 1882

Evaluation Pattern

·       CIA I – Class Test / Assignment– 10%

·       CIA II – Mid Semester Examination – 25%

·       CIA III – Case Analysis– 10%

·       Attendance – 05%

·       End Semester Examination – 50%

·       TOTAL 100%

 

LAW461 - PRINCIPLES OF CRIMINAL LAW (2023 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

COURSE DESCRIPTION:

Unit 1 focuses on criminology, source and functions of criminal law. This will give an over view of object and purpose of criminal law. Unit 2 deals with behaviour of individuals involve in crimes and issues related to that. Unit 3 focuses on liability under criminal law, when and where it arises and third party’s liability. Different types of crimes will be discussed in Unit 4Unit 5 deals with the parties to the crime, degree of liability etc. The theoretical aspects and basis of punishment will be the objective of including Unit 6.

 

COURSE OBJECTIVES:

 

This course aims at an understanding of:

 

1.      The basic philosophy underlying the concept of crime.

 

2.       Categories of crimes.

 

3.      Parties of crime.

 

4.      It takes a look at the different theories of punishment and gives the students a broad overview of the subject.

 

Learning Outcome

CO1: Understand the Sources and functions of Criminal law

CO2: Explain the theories of Criminology.

CO3: Analyse the liability under the Criminal Law

CO4: Interpret different kinds of crimes and the degrees of criminal liability

CO5: Evaluate and develop the basis of the punishment awarded on the basis of the theoretical concepts.

UNIT 1
Teaching Hours:10
INTRODUCTION
 

Philosophy of criminology, Nature of crime, Definition and Policy, Crime and society, Place of criminal law in criminal science, Nature and functions of criminal law, Sources of criminal law, Theories of crime

UNIT 1
Teaching Hours:10
INTRODUCTION
 

Philosophy of criminology, Nature of crime, Definition and Policy, Crime and society, Place of criminal law in criminal science, Nature and functions of criminal law, Sources of criminal law, Theories of crime

UNIT 1
Teaching Hours:10
INTRODUCTION
 

Philosophy of criminology, Nature of crime, Definition and Policy, Crime and society, Place of criminal law in criminal science, Nature and functions of criminal law, Sources of criminal law, Theories of crime

UNIT 1
Teaching Hours:10
INTRODUCTION
 

Philosophy of criminology, Nature of crime, Definition and Policy, Crime and society, Place of criminal law in criminal science, Nature and functions of criminal law, Sources of criminal law, Theories of crime

UNIT 1
Teaching Hours:10
INTRODUCTION
 

Philosophy of criminology, Nature of crime, Definition and Policy, Crime and society, Place of criminal law in criminal science, Nature and functions of criminal law, Sources of criminal law, Theories of crime

UNIT 1
Teaching Hours:10
INTRODUCTION
 

Philosophy of criminology, Nature of crime, Definition and Policy, Crime and society, Place of criminal law in criminal science, Nature and functions of criminal law, Sources of criminal law, Theories of crime

UNIT 2
Teaching Hours:10
CRIMINALIZATION
 

Principle of individual autonomy, principles of welfare, harm principle and public wrong, principle of respect for human rights, Right not be punished, Criminalization as a last resort, Principle of not criminalizing where this would be counter productive

UNIT 2
Teaching Hours:10
CRIMINALIZATION
 

Principle of individual autonomy, principles of welfare, harm principle and public wrong, principle of respect for human rights, Right not be punished, Criminalization as a last resort, Principle of not criminalizing where this would be counter productive

UNIT 2
Teaching Hours:10
CRIMINALIZATION
 

Principle of individual autonomy, principles of welfare, harm principle and public wrong, principle of respect for human rights, Right not be punished, Criminalization as a last resort, Principle of not criminalizing where this would be counter productive

UNIT 2
Teaching Hours:10
CRIMINALIZATION
 

Principle of individual autonomy, principles of welfare, harm principle and public wrong, principle of respect for human rights, Right not be punished, Criminalization as a last resort, Principle of not criminalizing where this would be counter productive

UNIT 2
Teaching Hours:10
CRIMINALIZATION
 

Principle of individual autonomy, principles of welfare, harm principle and public wrong, principle of respect for human rights, Right not be punished, Criminalization as a last resort, Principle of not criminalizing where this would be counter productive

UNIT 2
Teaching Hours:10
CRIMINALIZATION
 

Principle of individual autonomy, principles of welfare, harm principle and public wrong, principle of respect for human rights, Right not be punished, Criminalization as a last resort, Principle of not criminalizing where this would be counter productive

UNIT 3
Teaching Hours:16
PRINCIPLES OF CRIMINAL LIABILITY
 

Test for criminal liability, Criminal conduct – Actus Reus, Criminal capacity – Mens rea, Strict liability, Vicarious and corporate liability, Derivative liability – secondary participation, Variations in liability. Exception to Criminal Liability SS. 76 -106 of IPC.

UNIT 3
Teaching Hours:16
PRINCIPLES OF CRIMINAL LIABILITY
 

Test for criminal liability, Criminal conduct – Actus Reus, Criminal capacity – Mens rea, Strict liability, Vicarious and corporate liability, Derivative liability – secondary participation, Variations in liability. Exception to Criminal Liability SS. 76 -106 of IPC.

UNIT 3
Teaching Hours:16
PRINCIPLES OF CRIMINAL LIABILITY
 

Test for criminal liability, Criminal conduct – Actus Reus, Criminal capacity – Mens rea, Strict liability, Vicarious and corporate liability, Derivative liability – secondary participation, Variations in liability. Exception to Criminal Liability SS. 76 -106 of IPC.

UNIT 3
Teaching Hours:16
PRINCIPLES OF CRIMINAL LIABILITY
 

Test for criminal liability, Criminal conduct – Actus Reus, Criminal capacity – Mens rea, Strict liability, Vicarious and corporate liability, Derivative liability – secondary participation, Variations in liability. Exception to Criminal Liability SS. 76 -106 of IPC.

UNIT 3
Teaching Hours:16
PRINCIPLES OF CRIMINAL LIABILITY
 

Test for criminal liability, Criminal conduct – Actus Reus, Criminal capacity – Mens rea, Strict liability, Vicarious and corporate liability, Derivative liability – secondary participation, Variations in liability. Exception to Criminal Liability SS. 76 -106 of IPC.

UNIT 3
Teaching Hours:16
PRINCIPLES OF CRIMINAL LIABILITY
 

Test for criminal liability, Criminal conduct – Actus Reus, Criminal capacity – Mens rea, Strict liability, Vicarious and corporate liability, Derivative liability – secondary participation, Variations in liability. Exception to Criminal Liability SS. 76 -106 of IPC.

UNIT 4
Teaching Hours:10
CLASSIFICATION OF CRIMES
 

Indictable crimes, Petty crimes, Felonies, Misdemeanours

UNIT 4
Teaching Hours:10
CLASSIFICATION OF CRIMES
 

Indictable crimes, Petty crimes, Felonies, Misdemeanours

UNIT 4
Teaching Hours:10
CLASSIFICATION OF CRIMES
 

Indictable crimes, Petty crimes, Felonies, Misdemeanours

UNIT 4
Teaching Hours:10
CLASSIFICATION OF CRIMES
 

Indictable crimes, Petty crimes, Felonies, Misdemeanours

UNIT 4
Teaching Hours:10
CLASSIFICATION OF CRIMES
 

Indictable crimes, Petty crimes, Felonies, Misdemeanours

UNIT 4
Teaching Hours:10
CLASSIFICATION OF CRIMES
 

Indictable crimes, Petty crimes, Felonies, Misdemeanours

UNIT 5
Teaching Hours:18
PARTIES TO CRIME
 

Introduction, Principals in the first degree, Principals in second degree: aiders and abettors, Accessories before the fact, Accessories after the fact, Accomplices, ABETMENT (SS.107-120), CRIMINAL CONSPIRACY SS,120A & 120B AND ATTEMPT to Commit Offenses

UNIT 5
Teaching Hours:18
PARTIES TO CRIME
 

Introduction, Principals in the first degree, Principals in second degree: aiders and abettors, Accessories before the fact, Accessories after the fact, Accomplices, ABETMENT (SS.107-120), CRIMINAL CONSPIRACY SS,120A & 120B AND ATTEMPT to Commit Offenses

UNIT 5
Teaching Hours:18
PARTIES TO CRIME
 

Introduction, Principals in the first degree, Principals in second degree: aiders and abettors, Accessories before the fact, Accessories after the fact, Accomplices, ABETMENT (SS.107-120), CRIMINAL CONSPIRACY SS,120A & 120B AND ATTEMPT to Commit Offenses

UNIT 5
Teaching Hours:18
PARTIES TO CRIME
 

Introduction, Principals in the first degree, Principals in second degree: aiders and abettors, Accessories before the fact, Accessories after the fact, Accomplices, ABETMENT (SS.107-120), CRIMINAL CONSPIRACY SS,120A & 120B AND ATTEMPT to Commit Offenses

UNIT 5
Teaching Hours:18
PARTIES TO CRIME
 

Introduction, Principals in the first degree, Principals in second degree: aiders and abettors, Accessories before the fact, Accessories after the fact, Accomplices, ABETMENT (SS.107-120), CRIMINAL CONSPIRACY SS,120A & 120B AND ATTEMPT to Commit Offenses

UNIT 5
Teaching Hours:18
PARTIES TO CRIME
 

Introduction, Principals in the first degree, Principals in second degree: aiders and abettors, Accessories before the fact, Accessories after the fact, Accomplices, ABETMENT (SS.107-120), CRIMINAL CONSPIRACY SS,120A & 120B AND ATTEMPT to Commit Offenses

UNIT 6
Teaching Hours:6
THEORIES OF PUNISHMENT
 

Deterrent, Retributive, Preventive, Reformative

UNIT 6
Teaching Hours:6
THEORIES OF PUNISHMENT
 

Deterrent, Retributive, Preventive, Reformative

UNIT 6
Teaching Hours:6
THEORIES OF PUNISHMENT
 

Deterrent, Retributive, Preventive, Reformative

UNIT 6
Teaching Hours:6
THEORIES OF PUNISHMENT
 

Deterrent, Retributive, Preventive, Reformative

UNIT 6
Teaching Hours:6
THEORIES OF PUNISHMENT
 

Deterrent, Retributive, Preventive, Reformative

UNIT 6
Teaching Hours:6
THEORIES OF PUNISHMENT
 

Deterrent, Retributive, Preventive, Reformative

Text Books And Reference Books:

  1. Kenny’s Outlines of Criminal Law, 19th Ed, New Delhi: Universal Law, 1966.

  2. Simester, and Sullain, Criminal Law Theory and Doctrine, Oxford & Portland, 2007.

  3. Molan, Mike. Modern Criminal Law, 5th Ed., Cavendish Publishing, 2003.

  4. Ashworth, Andrew. Principles of Criminal Law, 6th Ed., OUP, 2009.

  5. Christina Mcalhone, Criminal Law, Sweet & Maxwell, 2007

  6. Ahuja, Ram. Criminology. New Delhi: Rawat Publications, 2000.

  7. Pranajape, N. V. Criminology and Penology. 12th ed. Allahabad: Central Law Publications, 2006.

  8. Akers, Ronald L. Criminological Theories: Introduction, Evaluation and Appreciation. 4th ed. Jaipur: Rawat Publications, 2004.

  9. Hagan, Frank E. Introduction to Criminology: Theories, Methods and Criminal Behavior. 7th ed. Los Angeles: Sage Publications, Inc., 2011.

  10. Newburn, Tim, ed. Key Readings in Criminology. Oregon: Willan Publishing, 2009.

  11. Walklate, Sandra. Criminology: The Basics. London: Routledge, 2005.

  12. Walsh, Anthony. Introduction to Criminology: A Text/Reader. Los Angeles: Sage Publications, 2008.

  13. Vold, George B. Theoretical Criminology. 5th ed. New York: Oxford University Press, 2002.

  14. Maguire, Mike, Rod Morgan and Robert Reiner eds. The Oxford Handbook of Criminology. 4th ed. Oxford: Oxford University Press, 2007.

  15. Hall, Jerome. General Principles of Criminal Law. 2nd ed. Indianapolis: the Bobbs-Merrill Company Inc., 2008.

  16. Furst, Gennifer. Contemporary Readings in Criminology. Los Angeles: Sage Publications, 2009.

  17. Siegel, Larry J. Criminology. 9th ed. Australia: Thomson Learning, 2006.

  18. Hagan, Frank E. Introduction to Criminology: Theories, Methods, and Criminal Behavior. 6th ed. Los Angeles: Sage Publications, 2008.

Essential Reading / Recommended Reading
  1. Kenny’s Outlines of Criminal Law, 19th Ed, New Delhi: Universal Law, 1966.
  2. Simester, and Sullain, Criminal Law Theory and Doctrine, Oxford & Portland, 2007.
  3. Molan, Mike. Modern Criminal Law, 5th Ed., Cavendish Publishing, 2003.
  4. Ashworth, Andrew. Principles of Criminal Law, 6th Ed., OUP, 2009.
  5. Christina Mcalhone, Criminal Law, Sweet & Maxwell, 2007
  6. Ahuja, Ram. Criminology. New Delhi: Rawat Publications, 2000.
  7. Pranajape, N. V. Criminology and Penology. 12th ed. Allahabad: Central Law Publications, 2006.
  8. Akers, Ronald L. Criminological Theories: Introduction, Evaluation and Appreciation. 4th ed. Jaipur: Rawat Publications, 2004.
  9. Hagan, Frank E. Introduction to Criminology: Theories, Methods and Criminal Behavior. 7th ed. Los Angeles: Sage Publications, Inc., 2011.
  10. Newburn, Tim, ed. Key Readings in Criminology. Oregon: Willan Publishing, 2009.
  11. Walklate, Sandra. Criminology: The Basics. London: Routledge, 2005.
  12. Walsh, Anthony. Introduction to Criminology: A Text/Reader. Los Angeles: Sage Publications, 2008.
  13. Vold, George B. Theoretical Criminology. 5th ed. New York: Oxford University Press, 2002.
  14. Maguire, Mike, Rod Morgan and Robert Reiner eds. The Oxford Handbook of Criminology. 4th ed. Oxford: Oxford University Press, 2007.
  15. Hall, Jerome. General Principles of Criminal Law. 2nd ed. Indianapolis: the Bobbs-Merrill Company Inc., 2008.
  16. Furst, Gennifer. Contemporary Readings in Criminology. Los Angeles: Sage Publications, 2009.
  17. Siegel, Larry J. Criminology. 9th ed. Australia: Thomson Learning, 2006.
  18. Hagan, Frank E. Introduction to Criminology: Theories, Methods, and Criminal Behavior. 6th ed. Los Angeles: Sage Publications, 2008.
Evaluation Pattern

CIA I- Class Test carrying 20 marks - 10%

CIA II - Mid Semester Examination - 25%

CIA III - 10% – Research Paper with presentation carrying 20 marks. Students would be assessed on their ability to apply concepts learned in the class to given social problems and propose solutions. 

 

End semester examination - 50%

LAW476 - MOOT COURT (2023 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

Course Description:

In this course, Unit 1 is designed to introduce students to moot courts. Unit 2 aims at familiarising students with the library resources and their usage for the research. Unit 3 aims at facilitating the preparation on the issues and the construction of arguments. Unit 4 deals with the skill of drafting memorials and presentation of arguments. Unit 5 deals with the soft skills required and the manner of presentation before a court. Unit 6 aims at simulating court rooms.

Course Objectives:

This course is designed to provide practical knowledge in conducting research, analyzing cases and developing strategies, and presenting arguments before a court.

Learning Outcome

CO1: Explore online and offline library for self-learning and research.

CO2: Employ legal reasoning to make arguments before the court.

CO3: Draft memorials for moot court.

CO4: Employ proper court room demeanour and style of addressing the court.

UNIT 1
Teaching Hours:7
INTRODUCING THE STRUCTURE OF MOOT COURTS
 

Identifying parties to the dispute

UNIT 1
Teaching Hours:7
INTRODUCING THE STRUCTURE OF MOOT COURTS
 

Identifying parties to the dispute

UNIT 1
Teaching Hours:7
INTRODUCING THE STRUCTURE OF MOOT COURTS
 

Identifying parties to the dispute

UNIT 1
Teaching Hours:7
INTRODUCING THE STRUCTURE OF MOOT COURTS
 

Identifying parties to the dispute

UNIT 1
Teaching Hours:7
INTRODUCING THE STRUCTURE OF MOOT COURTS
 

Identifying parties to the dispute

UNIT 1
Teaching Hours:7
INTRODUCING THE STRUCTURE OF MOOT COURTS
 

Identifying parties to the dispute

UNIT 2
Teaching Hours:7
USING LIBRARY RESOURCES FOR RESEARCH
 

a. Introducing online and offline library resources

b. Training on the use of library resources

UNIT 2
Teaching Hours:7
USING LIBRARY RESOURCES FOR RESEARCH
 

a. Introducing online and offline library resources

b. Training on the use of library resources

UNIT 2
Teaching Hours:7
USING LIBRARY RESOURCES FOR RESEARCH
 

a. Introducing online and offline library resources

b. Training on the use of library resources

UNIT 2
Teaching Hours:7
USING LIBRARY RESOURCES FOR RESEARCH
 

a. Introducing online and offline library resources

b. Training on the use of library resources

UNIT 2
Teaching Hours:7
USING LIBRARY RESOURCES FOR RESEARCH
 

a. Introducing online and offline library resources

b. Training on the use of library resources

UNIT 2
Teaching Hours:7
USING LIBRARY RESOURCES FOR RESEARCH
 

a. Introducing online and offline library resources

b. Training on the use of library resources

UNIT 3
Teaching Hours:7
CONSTRUCTING ARGUMENTS
 

a. Researching on issues

b. Techniques of legal research

c. Constructing and structuring arguments

UNIT 3
Teaching Hours:7
CONSTRUCTING ARGUMENTS
 

a. Researching on issues

b. Techniques of legal research

c. Constructing and structuring arguments

UNIT 3
Teaching Hours:7
CONSTRUCTING ARGUMENTS
 

a. Researching on issues

b. Techniques of legal research

c. Constructing and structuring arguments

UNIT 3
Teaching Hours:7
CONSTRUCTING ARGUMENTS
 

a. Researching on issues

b. Techniques of legal research

c. Constructing and structuring arguments

UNIT 3
Teaching Hours:7
CONSTRUCTING ARGUMENTS
 

a. Researching on issues

b. Techniques of legal research

c. Constructing and structuring arguments

UNIT 3
Teaching Hours:7
CONSTRUCTING ARGUMENTS
 

a. Researching on issues

b. Techniques of legal research

c. Constructing and structuring arguments

UNIT 4
Teaching Hours:7
DRAFTING AND FORMATTING OF MEMORIALS
 

a. Components of a memorial (for national and international moots)

b. Differentiating and substantiating Jurisdiction and maintainability

c. Drafting and formatting of a memorial

d. Citation styles and References

UNIT 4
Teaching Hours:7
DRAFTING AND FORMATTING OF MEMORIALS
 

a. Components of a memorial (for national and international moots)

b. Differentiating and substantiating Jurisdiction and maintainability

c. Drafting and formatting of a memorial

d. Citation styles and References

UNIT 4
Teaching Hours:7
DRAFTING AND FORMATTING OF MEMORIALS
 

a. Components of a memorial (for national and international moots)

b. Differentiating and substantiating Jurisdiction and maintainability

c. Drafting and formatting of a memorial

d. Citation styles and References

UNIT 4
Teaching Hours:7
DRAFTING AND FORMATTING OF MEMORIALS
 

a. Components of a memorial (for national and international moots)

b. Differentiating and substantiating Jurisdiction and maintainability

c. Drafting and formatting of a memorial

d. Citation styles and References

UNIT 4
Teaching Hours:7
DRAFTING AND FORMATTING OF MEMORIALS
 

a. Components of a memorial (for national and international moots)

b. Differentiating and substantiating Jurisdiction and maintainability

c. Drafting and formatting of a memorial

d. Citation styles and References

UNIT 4
Teaching Hours:7
DRAFTING AND FORMATTING OF MEMORIALS
 

a. Components of a memorial (for national and international moots)

b. Differentiating and substantiating Jurisdiction and maintainability

c. Drafting and formatting of a memorial

d. Citation styles and References

Unit-5
Teaching Hours:7
ADDRESSING THE COURT
 

a. Court room demeanour

b. Addressing the court

c. Body language

d. Articulation and presentation of arguments in a convincing manner

Unit-5
Teaching Hours:7
ADDRESSING THE COURT
 

a. Court room demeanour

b. Addressing the court

c. Body language

d. Articulation and presentation of arguments in a convincing manner

Unit-5
Teaching Hours:7
ADDRESSING THE COURT
 

a. Court room demeanour

b. Addressing the court

c. Body language

d. Articulation and presentation of arguments in a convincing manner

Unit-5
Teaching Hours:7
ADDRESSING THE COURT
 

a. Court room demeanour

b. Addressing the court

c. Body language

d. Articulation and presentation of arguments in a convincing manner

Unit-5
Teaching Hours:7
ADDRESSING THE COURT
 

a. Court room demeanour

b. Addressing the court

c. Body language

d. Articulation and presentation of arguments in a convincing manner

Unit-5
Teaching Hours:7
ADDRESSING THE COURT
 

a. Court room demeanour

b. Addressing the court

c. Body language

d. Articulation and presentation of arguments in a convincing manner

Unit-6
Teaching Hours:18
MOOT COURT
 

Every student is required to present argument in at least three moot courts in the

semester. The moot court problem will be assigned to the student by the course

teacher and the student will be required to make a written submission and oral

submissions.

Unit-6
Teaching Hours:18
MOOT COURT
 

Every student is required to present argument in at least three moot courts in the

semester. The moot court problem will be assigned to the student by the course

teacher and the student will be required to make a written submission and oral

submissions.

Unit-6
Teaching Hours:18
MOOT COURT
 

Every student is required to present argument in at least three moot courts in the

semester. The moot court problem will be assigned to the student by the course

teacher and the student will be required to make a written submission and oral

submissions.

Unit-6
Teaching Hours:18
MOOT COURT
 

Every student is required to present argument in at least three moot courts in the

semester. The moot court problem will be assigned to the student by the course

teacher and the student will be required to make a written submission and oral

submissions.

Unit-6
Teaching Hours:18
MOOT COURT
 

Every student is required to present argument in at least three moot courts in the

semester. The moot court problem will be assigned to the student by the course

teacher and the student will be required to make a written submission and oral

submissions.

Unit-6
Teaching Hours:18
MOOT COURT
 

Every student is required to present argument in at least three moot courts in the

semester. The moot court problem will be assigned to the student by the course

teacher and the student will be required to make a written submission and oral

submissions.

Text Books And Reference Books:

As per BCI regulation

Essential Reading / Recommended Reading

As per BCI regulation

Evaluation Pattern

Assessment Details

a. 3 Moot Court Exercises – 90 marks

b. Viva Voce – 10 Marks

Total – 100 Marks

 

Students will be assessed on application of law to the facts of the case, articulation and advocacy skills, court room demeanour, quality and extent of research, organisation of arguments, accuracy of language, citation mode. 

 

LAW551 - LAW OF CRIMES I (2022 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

Course description: This course has been conceptualized in order to understand different crimes defined in the Bharatiya Nayaya Sanhita 2023 with the punishment. For the said purpose the Course has been structured as UNIT 1 is designed to impart to the students the conceptual foundations of crime laced with the basic underlying philosophy of the Bharatiya Nayaya Sanhita 2023 along with General Explanations. UNIT 2 aims at the dissemination of a concept that has gained importance of late, i.e., offences against the State. UNIT 3 emphasizes the various offences affecting public tranquility which is of vital importance for peace and order in society. UNIT 4 is designed for the understanding of the offences relating to the human body, the most important aspect of criminal law. While UNIT 5 deals with sexual offences and also deals with POCSO ACT 2012. UNIT 6 centers on offences relating to the property. UNIT 7  deals with Defamation, Criminal intimidation, Insult and Annoyance, and Attempt to Commit Offences.

Course Objectives 

       To make students aware of the need for Criminal Law

       To introduce basic definitions and principles of Criminal Law

       To identify and explain the Elements/Ingredients of various crimes

       To ascertain the principles, presumptions, and elements of various offences and to apply and interpret the law accordingly

            Develop among students the skills of legal and logical reasoning

Learning Outcome

CO1: Identify the elements of every offense and their respective punishment mentioned in the Bharatiya Nayay Sanhita 2023.

CO2: Explain the Evolution of the Bharatiya Nayay Sanhita 2023 over the period from its enactment along with major amendments.

CO3: Apply the principles discussed in the Bharatiya Nayay Sanhita 2023 in various cases.

CO4: Frame arguments based on the nature of offenses, elements of offenses along with various landmark case laws.

CO5: List out the various issues in criminal law and frame research problems and apply empirical research methods to reach a conclusion with suggestions.

Unit-1
Teaching Hours:10
GENERAL INTRODUCTION
 

Constituent elements of crime, Extent and application of Bhartiya Nyaya Sanhita, Structure of BNS, General Explanations, Punishments      

Unit-1
Teaching Hours:10
GENERAL INTRODUCTION
 

Constituent elements of crime, Extent and application of Bhartiya Nyaya Sanhita, Structure of BNS, General Explanations, Punishments      

Unit-1
Teaching Hours:10
GENERAL INTRODUCTION
 

Constituent elements of crime, Extent and application of Bhartiya Nyaya Sanhita, Structure of BNS, General Explanations, Punishments      

Unit-1
Teaching Hours:10
GENERAL INTRODUCTION
 

Constituent elements of crime, Extent and application of Bhartiya Nyaya Sanhita, Structure of BNS, General Explanations, Punishments      

Unit-1
Teaching Hours:10
GENERAL INTRODUCTION
 

Constituent elements of crime, Extent and application of Bhartiya Nyaya Sanhita, Structure of BNS, General Explanations, Punishments      

Unit-1
Teaching Hours:10
GENERAL INTRODUCTION
 

Constituent elements of crime, Extent and application of Bhartiya Nyaya Sanhita, Structure of BNS, General Explanations, Punishments      

Unit-2
Teaching Hours:6
OFFENCES AGAINST STATE
 

Waging war, Acts endangering sovereignty unity and integrity of India.

Unit-2
Teaching Hours:6
OFFENCES AGAINST STATE
 

Waging war, Acts endangering sovereignty unity and integrity of India.

Unit-2
Teaching Hours:6
OFFENCES AGAINST STATE
 

Waging war, Acts endangering sovereignty unity and integrity of India.

Unit-2
Teaching Hours:6
OFFENCES AGAINST STATE
 

Waging war, Acts endangering sovereignty unity and integrity of India.

Unit-2
Teaching Hours:6
OFFENCES AGAINST STATE
 

Waging war, Acts endangering sovereignty unity and integrity of India.

Unit-2
Teaching Hours:6
OFFENCES AGAINST STATE
 

Waging war, Acts endangering sovereignty unity and integrity of India.

Unit-3
Teaching Hours:6
OFFENCES AGAINST PUBLIC TRANQUILTY
 

Unlawful assembly, Rioting, Assaulting or obstructing public servant, Provocation and communal enmity, Affray.

Unit-3
Teaching Hours:6
OFFENCES AGAINST PUBLIC TRANQUILTY
 

Unlawful assembly, Rioting, Assaulting or obstructing public servant, Provocation and communal enmity, Affray.

Unit-3
Teaching Hours:6
OFFENCES AGAINST PUBLIC TRANQUILTY
 

Unlawful assembly, Rioting, Assaulting or obstructing public servant, Provocation and communal enmity, Affray.

Unit-3
Teaching Hours:6
OFFENCES AGAINST PUBLIC TRANQUILTY
 

Unlawful assembly, Rioting, Assaulting or obstructing public servant, Provocation and communal enmity, Affray.

Unit-3
Teaching Hours:6
OFFENCES AGAINST PUBLIC TRANQUILTY
 

Unlawful assembly, Rioting, Assaulting or obstructing public servant, Provocation and communal enmity, Affray.

Unit-3
Teaching Hours:6
OFFENCES AGAINST PUBLIC TRANQUILTY
 

Unlawful assembly, Rioting, Assaulting or obstructing public servant, Provocation and communal enmity, Affray.

Unit-4
Teaching Hours:8
OFFENCES RELATING TO HUMAN BODY
 

Homicide, Murder, Suicide, Organised crime.  Petty organised crime or organised in general.  Offence of terrorist act.  Hurt, Wrongful Restraint and Confinement, Force, Assault, Kidnapping, Abduction.

Unit-4
Teaching Hours:8
OFFENCES RELATING TO HUMAN BODY
 

Homicide, Murder, Suicide, Organised crime.  Petty organised crime or organised in general.  Offence of terrorist act.  Hurt, Wrongful Restraint and Confinement, Force, Assault, Kidnapping, Abduction.

Unit-4
Teaching Hours:8
OFFENCES RELATING TO HUMAN BODY
 

Homicide, Murder, Suicide, Organised crime.  Petty organised crime or organised in general.  Offence of terrorist act.  Hurt, Wrongful Restraint and Confinement, Force, Assault, Kidnapping, Abduction.

Unit-4
Teaching Hours:8
OFFENCES RELATING TO HUMAN BODY
 

Homicide, Murder, Suicide, Organised crime.  Petty organised crime or organised in general.  Offence of terrorist act.  Hurt, Wrongful Restraint and Confinement, Force, Assault, Kidnapping, Abduction.

Unit-4
Teaching Hours:8
OFFENCES RELATING TO HUMAN BODY
 

Homicide, Murder, Suicide, Organised crime.  Petty organised crime or organised in general.  Offence of terrorist act.  Hurt, Wrongful Restraint and Confinement, Force, Assault, Kidnapping, Abduction.

Unit-4
Teaching Hours:8
OFFENCES RELATING TO HUMAN BODY
 

Homicide, Murder, Suicide, Organised crime.  Petty organised crime or organised in general.  Offence of terrorist act.  Hurt, Wrongful Restraint and Confinement, Force, Assault, Kidnapping, Abduction.

Unit-5
Teaching Hours:14
OFFENCES AGAINST WOMAN AND CHILDREN
 

Sexual offences, criminal force and assault against women, offences relating to marriage, causing of miscarriage, POCSO Act,2012.

Unit-5
Teaching Hours:14
OFFENCES AGAINST WOMAN AND CHILDREN
 

Sexual offences, criminal force and assault against women, offences relating to marriage, causing of miscarriage, POCSO Act,2012.

Unit-5
Teaching Hours:14
OFFENCES AGAINST WOMAN AND CHILDREN
 

Sexual offences, criminal force and assault against women, offences relating to marriage, causing of miscarriage, POCSO Act,2012.

Unit-5
Teaching Hours:14
OFFENCES AGAINST WOMAN AND CHILDREN
 

Sexual offences, criminal force and assault against women, offences relating to marriage, causing of miscarriage, POCSO Act,2012.

Unit-5
Teaching Hours:14
OFFENCES AGAINST WOMAN AND CHILDREN
 

Sexual offences, criminal force and assault against women, offences relating to marriage, causing of miscarriage, POCSO Act,2012.

Unit-5
Teaching Hours:14
OFFENCES AGAINST WOMAN AND CHILDREN
 

Sexual offences, criminal force and assault against women, offences relating to marriage, causing of miscarriage, POCSO Act,2012.

Unit-6
Teaching Hours:8
OFFENCES AGAINST PROPERTY
 

Theft, snatching,  Extortion, Robbery, Dacoity, Misappropriation, Criminal Breach of Trust, Receiving Stolen Property, Cheating, Trespass.

Unit-6
Teaching Hours:8
OFFENCES AGAINST PROPERTY
 

Theft, snatching,  Extortion, Robbery, Dacoity, Misappropriation, Criminal Breach of Trust, Receiving Stolen Property, Cheating, Trespass.

Unit-6
Teaching Hours:8
OFFENCES AGAINST PROPERTY
 

Theft, snatching,  Extortion, Robbery, Dacoity, Misappropriation, Criminal Breach of Trust, Receiving Stolen Property, Cheating, Trespass.

Unit-6
Teaching Hours:8
OFFENCES AGAINST PROPERTY
 

Theft, snatching,  Extortion, Robbery, Dacoity, Misappropriation, Criminal Breach of Trust, Receiving Stolen Property, Cheating, Trespass.

Unit-6
Teaching Hours:8
OFFENCES AGAINST PROPERTY
 

Theft, snatching,  Extortion, Robbery, Dacoity, Misappropriation, Criminal Breach of Trust, Receiving Stolen Property, Cheating, Trespass.

Unit-6
Teaching Hours:8
OFFENCES AGAINST PROPERTY
 

Theft, snatching,  Extortion, Robbery, Dacoity, Misappropriation, Criminal Breach of Trust, Receiving Stolen Property, Cheating, Trespass.

Unit-7
Teaching Hours:8
OTHER OFFENCES
 

Defamation, Criminal intimidation, Insult and Annoyance, Attempt to Commit Offences.                                                                          

Unit-7
Teaching Hours:8
OTHER OFFENCES
 

Defamation, Criminal intimidation, Insult and Annoyance, Attempt to Commit Offences.                                                                          

Unit-7
Teaching Hours:8
OTHER OFFENCES
 

Defamation, Criminal intimidation, Insult and Annoyance, Attempt to Commit Offences.                                                                          

Unit-7
Teaching Hours:8
OTHER OFFENCES
 

Defamation, Criminal intimidation, Insult and Annoyance, Attempt to Commit Offences.                                                                          

Unit-7
Teaching Hours:8
OTHER OFFENCES
 

Defamation, Criminal intimidation, Insult and Annoyance, Attempt to Commit Offences.                                                                          

Unit-7
Teaching Hours:8
OTHER OFFENCES
 

Defamation, Criminal intimidation, Insult and Annoyance, Attempt to Commit Offences.                                                                          

Text Books And Reference Books:

1.       The Bharatiya Nyaya Sanhita 2023  (Compulsory Reading)

2.      Kenny’s Outlines of Criminal Law, 19th Ed, New Delhi: Universal Law, 1966.

3.      Simester, and Sullain, Criminal Law Theory and Doctrine, Oxford & Portland, 2007.

4.      Molan, Mike. Modern Criminal Law, 5th Ed., Cavendish Publishing, 2003.

5.      Ashworth, Andrew. Principles of Criminal Law, 6th Ed., OUP, 2009.

6.      Christina Mcalhone, Criminal Law, Sweet & Maxwell, 2007

7.      Ahuja, Ram. Criminology. New Delhi: Rawat Publications, 2000.

8.      Pranajape, N. V. Criminology and Penology. 12th ed. Allahabad: Central Law Publications, 2006.

       9. Commentary By Ratanlal and Dheeraj lal on Indian Penal Code, Shamshul Huda Principles of the law of Crimes, O.P. Srivastava Principles of Criminal Law,  Herring’s Criminal Law text cases and materials, Supreme Court on Penal Code.

Essential Reading / Recommended Reading

1.       The Bharatiya Nyaya Sanhita 2023  (Compulsory Reading)

2.      Kenny’s Outlines of Criminal Law, 19th Ed, New Delhi: Universal Law, 1966.

3.      Simester, and Sullain, Criminal Law Theory and Doctrine, Oxford & Portland, 2007.

4.      Molan, Mike. Modern Criminal Law, 5th Ed., Cavendish Publishing, 2003.

5.      Ashworth, Andrew. Principles of Criminal Law, 6th Ed., OUP, 2009.

6.      Christina Mcalhone, Criminal Law, Sweet & Maxwell, 2007

7.      Ahuja, Ram. Criminology. New Delhi: Rawat Publications, 2000.

8.      Pranajape, N. V. Criminology and Penology. 12th ed. Allahabad: Central Law Publications, 2006.

9. Commentary By Ratanlal and Dheeraj lal on Indian Penal Code, Shamshul Huda Principles of the law of Crimes, O.P. Srivastava Principles of Criminal Law,  Herring’s Criminal Law text cases and materials, Supreme Court on Penal Code.

Evaluation Pattern

 CIA I- (20 marks)

 CIA II- (50 marks)

 CIA III (20 marks)

ESE- (100 Marks)

LAW552 - FAMILY LAW I (2022 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

India being a secular country with diverse religions protects the individual freedom to profess a religion as constitutional guarantee. Indian community comprises of different religions such as Hinduism, Islam, and Christianity etc. In personal matters every Indian is governed by his personal law. So far there is nothing like a uniform law in personal matters for example, marriage, divorce, adoption, succession etc. Hence these matters are governed by the personal law of the parties and may vary according to their tribe, caste etc. Under this course, the students will be studying the salient features of the all personal laws in India evidenced in the uncodified and codified laws. Family Law I comprises of Nature and sources of various personal Laws, Marriage and Matrimonial Remedies, Maintenance, and the dispute resolution mechanism. Hence the first part deals with matrimonial issues and nature of personal laws

Learning Outcome

CO1: Describe the various sources and schools of different personal laws.

CO2: Explain the core concepts in laws relating to marriage and divorce

CO3: Examine and analyze the legal provisions and apply them to resolve contemporary issues

CO4: Research contemporary issues using proper methodology and suggest solutions

Unit-1
Teaching Hours:10
NATURE AND SCOPE OF PERSONAL LAWS
 

1.1  Sources of Hindu Law

1.2  Sources of Muslim Law

1.3  Sources of Christian, Parsi law 

 

Unit-1
Teaching Hours:10
NATURE AND SCOPE OF PERSONAL LAWS
 

1.1  Sources of Hindu Law

1.2  Sources of Muslim Law

1.3  Sources of Christian, Parsi law 

 

Unit-1
Teaching Hours:10
NATURE AND SCOPE OF PERSONAL LAWS
 

1.1  Sources of Hindu Law

1.2  Sources of Muslim Law

1.3  Sources of Christian, Parsi law 

 

Unit-1
Teaching Hours:10
NATURE AND SCOPE OF PERSONAL LAWS
 

1.1  Sources of Hindu Law

1.2  Sources of Muslim Law

1.3  Sources of Christian, Parsi law 

 

Unit-2
Teaching Hours:20
MARRIAGE UNDER HINDU LAW, MUSLIM LAW, CHRISTIAN AND PARSI LAWS
 

2.1Marriage under Hindu Marriage Act, 1955 with Amendment Act 1976, Capacity to marry, Conditions and Ceremonies of marriage, Prohibition on Child Marriage under The Child Marriage Restraint Act 1929, Present position- The Prohibition of Child Marriage Act 2006

2.2 Capacity for marriage / Fasid and Batil marriage, Mehr (Dower), Prohibition to Marriage, Iddat and its duration, Guardianship in marriage, Option of puberty, Muta marriage  

2.3 The Indian Christian Marriage Act, 1872, Procedure of Solemnization of Christian Marriage, Registration of Marriage     

2.4 Marriages between Parsis, Conditions for Parsi Marriage. 

Unit-2
Teaching Hours:20
MARRIAGE UNDER HINDU LAW, MUSLIM LAW, CHRISTIAN AND PARSI LAWS
 

2.1Marriage under Hindu Marriage Act, 1955 with Amendment Act 1976, Capacity to marry, Conditions and Ceremonies of marriage, Prohibition on Child Marriage under The Child Marriage Restraint Act 1929, Present position- The Prohibition of Child Marriage Act 2006

2.2 Capacity for marriage / Fasid and Batil marriage, Mehr (Dower), Prohibition to Marriage, Iddat and its duration, Guardianship in marriage, Option of puberty, Muta marriage  

2.3 The Indian Christian Marriage Act, 1872, Procedure of Solemnization of Christian Marriage, Registration of Marriage     

2.4 Marriages between Parsis, Conditions for Parsi Marriage. 

Unit-2
Teaching Hours:20
MARRIAGE UNDER HINDU LAW, MUSLIM LAW, CHRISTIAN AND PARSI LAWS
 

2.1Marriage under Hindu Marriage Act, 1955 with Amendment Act 1976, Capacity to marry, Conditions and Ceremonies of marriage, Prohibition on Child Marriage under The Child Marriage Restraint Act 1929, Present position- The Prohibition of Child Marriage Act 2006

2.2 Capacity for marriage / Fasid and Batil marriage, Mehr (Dower), Prohibition to Marriage, Iddat and its duration, Guardianship in marriage, Option of puberty, Muta marriage  

2.3 The Indian Christian Marriage Act, 1872, Procedure of Solemnization of Christian Marriage, Registration of Marriage     

2.4 Marriages between Parsis, Conditions for Parsi Marriage. 

Unit-2
Teaching Hours:20
MARRIAGE UNDER HINDU LAW, MUSLIM LAW, CHRISTIAN AND PARSI LAWS
 

2.1Marriage under Hindu Marriage Act, 1955 with Amendment Act 1976, Capacity to marry, Conditions and Ceremonies of marriage, Prohibition on Child Marriage under The Child Marriage Restraint Act 1929, Present position- The Prohibition of Child Marriage Act 2006

2.2 Capacity for marriage / Fasid and Batil marriage, Mehr (Dower), Prohibition to Marriage, Iddat and its duration, Guardianship in marriage, Option of puberty, Muta marriage  

2.3 The Indian Christian Marriage Act, 1872, Procedure of Solemnization of Christian Marriage, Registration of Marriage     

2.4 Marriages between Parsis, Conditions for Parsi Marriage. 

Unit-3
Teaching Hours:4
SECULAR PROVISIONS OF MARRIAGE UNDER SPECIAL MARRIAGE ACT, 1954
 

5.1 Solemnization of Special Marriage

5.2 Consequences of marriage under this Act 

5.3 Foreign Marriage Act

Unit-3
Teaching Hours:4
SECULAR PROVISIONS OF MARRIAGE UNDER SPECIAL MARRIAGE ACT, 1954
 

5.1 Solemnization of Special Marriage

5.2 Consequences of marriage under this Act 

5.3 Foreign Marriage Act

Unit-3
Teaching Hours:4
SECULAR PROVISIONS OF MARRIAGE UNDER SPECIAL MARRIAGE ACT, 1954
 

5.1 Solemnization of Special Marriage

5.2 Consequences of marriage under this Act 

5.3 Foreign Marriage Act

Unit-3
Teaching Hours:4
SECULAR PROVISIONS OF MARRIAGE UNDER SPECIAL MARRIAGE ACT, 1954
 

5.1 Solemnization of Special Marriage

5.2 Consequences of marriage under this Act 

5.3 Foreign Marriage Act

Unit-4
Teaching Hours:15
MATRIMONIAL REMEDIES UNDER HINDU, MUSLIM, CHRISTIAN, PARSI LAWS
 

6.1 Nullity of marriage

6.2 Restitution of conjugal rights

6.3 Judicial separation

6.4 Divorce

6.4.1 Theories of divorce

6.4.2 Fault grounds 

6.4.3 Irretrievable Breakdown of Marriage

6.4.4 Divorce by mutual consent 

6.5 Divorce under Muslim Personal Law

6.5.1 Modes of dissolution of marriage under Muslim Law

6.5.2 The Muslim Women (Protection of Rights on Marriage) Act, 2019.

Unit-4
Teaching Hours:15
MATRIMONIAL REMEDIES UNDER HINDU, MUSLIM, CHRISTIAN, PARSI LAWS
 

6.1 Nullity of marriage

6.2 Restitution of conjugal rights

6.3 Judicial separation

6.4 Divorce

6.4.1 Theories of divorce

6.4.2 Fault grounds 

6.4.3 Irretrievable Breakdown of Marriage

6.4.4 Divorce by mutual consent 

6.5 Divorce under Muslim Personal Law

6.5.1 Modes of dissolution of marriage under Muslim Law

6.5.2 The Muslim Women (Protection of Rights on Marriage) Act, 2019.

Unit-4
Teaching Hours:15
MATRIMONIAL REMEDIES UNDER HINDU, MUSLIM, CHRISTIAN, PARSI LAWS
 

6.1 Nullity of marriage

6.2 Restitution of conjugal rights

6.3 Judicial separation

6.4 Divorce

6.4.1 Theories of divorce

6.4.2 Fault grounds 

6.4.3 Irretrievable Breakdown of Marriage

6.4.4 Divorce by mutual consent 

6.5 Divorce under Muslim Personal Law

6.5.1 Modes of dissolution of marriage under Muslim Law

6.5.2 The Muslim Women (Protection of Rights on Marriage) Act, 2019.

Unit-4
Teaching Hours:15
MATRIMONIAL REMEDIES UNDER HINDU, MUSLIM, CHRISTIAN, PARSI LAWS
 

6.1 Nullity of marriage

6.2 Restitution of conjugal rights

6.3 Judicial separation

6.4 Divorce

6.4.1 Theories of divorce

6.4.2 Fault grounds 

6.4.3 Irretrievable Breakdown of Marriage

6.4.4 Divorce by mutual consent 

6.5 Divorce under Muslim Personal Law

6.5.1 Modes of dissolution of marriage under Muslim Law

6.5.2 The Muslim Women (Protection of Rights on Marriage) Act, 2019.

Unit-5
Teaching Hours:5
ALIMONY AND MAINTENANCE
 

7.1 Scheme of maintenance

7.2 Maintenance of wives, parents and children; Maintenance of Parents under Senior Citizens Act, 2007.

7.3 Provisions under the Code of Criminal Procedure 1973

7.4 Alimony and maintenance as an independent remedy - A review under different personal laws, Hindu Adoption and Maintenance Act,1956. - Need for reforming the law -  Maintenance of divorced Muslim Women under the Muslim Law [Muslim Women (Protection of Rights on Divorce) Act, 1986]

Unit-5
Teaching Hours:5
ALIMONY AND MAINTENANCE
 

7.1 Scheme of maintenance

7.2 Maintenance of wives, parents and children; Maintenance of Parents under Senior Citizens Act, 2007.

7.3 Provisions under the Code of Criminal Procedure 1973

7.4 Alimony and maintenance as an independent remedy - A review under different personal laws, Hindu Adoption and Maintenance Act,1956. - Need for reforming the law -  Maintenance of divorced Muslim Women under the Muslim Law [Muslim Women (Protection of Rights on Divorce) Act, 1986]

Unit-5
Teaching Hours:5
ALIMONY AND MAINTENANCE
 

7.1 Scheme of maintenance

7.2 Maintenance of wives, parents and children; Maintenance of Parents under Senior Citizens Act, 2007.

7.3 Provisions under the Code of Criminal Procedure 1973

7.4 Alimony and maintenance as an independent remedy - A review under different personal laws, Hindu Adoption and Maintenance Act,1956. - Need for reforming the law -  Maintenance of divorced Muslim Women under the Muslim Law [Muslim Women (Protection of Rights on Divorce) Act, 1986]

Unit-5
Teaching Hours:5
ALIMONY AND MAINTENANCE
 

7.1 Scheme of maintenance

7.2 Maintenance of wives, parents and children; Maintenance of Parents under Senior Citizens Act, 2007.

7.3 Provisions under the Code of Criminal Procedure 1973

7.4 Alimony and maintenance as an independent remedy - A review under different personal laws, Hindu Adoption and Maintenance Act,1956. - Need for reforming the law -  Maintenance of divorced Muslim Women under the Muslim Law [Muslim Women (Protection of Rights on Divorce) Act, 1986]

Unit-6
Teaching Hours:6
DISPUTE RESOLUTION SYSTEM UNDER FAMILY LAW (JURISDICTION AND PROCEDURES)
 

8.1 Family Courts under Family Court Act, 1984

8.1.1 Significance of Mediation in Family Disputes  

8.2 Civil Suits

8.3 Trans-National Disputes  

Unit-6
Teaching Hours:6
DISPUTE RESOLUTION SYSTEM UNDER FAMILY LAW (JURISDICTION AND PROCEDURES)
 

8.1 Family Courts under Family Court Act, 1984

8.1.1 Significance of Mediation in Family Disputes  

8.2 Civil Suits

8.3 Trans-National Disputes  

Unit-6
Teaching Hours:6
DISPUTE RESOLUTION SYSTEM UNDER FAMILY LAW (JURISDICTION AND PROCEDURES)
 

8.1 Family Courts under Family Court Act, 1984

8.1.1 Significance of Mediation in Family Disputes  

8.2 Civil Suits

8.3 Trans-National Disputes  

Unit-6
Teaching Hours:6
DISPUTE RESOLUTION SYSTEM UNDER FAMILY LAW (JURISDICTION AND PROCEDURES)
 

8.1 Family Courts under Family Court Act, 1984

8.1.1 Significance of Mediation in Family Disputes  

8.2 Civil Suits

8.3 Trans-National Disputes  

Text Books And Reference Books:

1.     Mulla, Hindu Law, Lexis Nexis Butterworths Wadhwa, Nagpur, 25th  edn., 2024.

2.     Paras Diwan, Modern Hindu Law, Allahabad Law Agency, 26th edn., 2023. 

3.     Mulla Principles of Mahommedan Law 23rd Edn, LexisNexis, Nagpur, 2021.

4.     Aqil Ahmad, Mohammedan Law (Central Law Agency, Allahabad, 27th Edn 2021 

5.     Kusum. Cases and Materials on Family Law. 4th edn. New Delhi: Universal Law Publishing Co., 2015.

6.     Hidayatullah, M., and Arshad Hidayatullah. Mulla’s Principles of Mohamedan Law, 19 th ed. New Delhi: LexisNexis Butterworths, 2006.

7.     Chmpappilly, Sebastian (Dr). Marriage, Adoption and Guardianship and Canon Law on Marriage, Cochin: Southern Law Publishers.

8.     Champappilly Sebastian (Dr). Christian Law of Divorce. Cochin: Southern Law Publishers, 2007.

9.     Syed Khalid Rashid, Muslim law (Eastern Book Co, Lucknow, 2009)

10.  Bakshi P. M. Law of Succession, 6 th Edition, 1997.

11.  Paruck. The Indian Succession Act, 12th ed. New Delhi: LexisNexis Buttorworths, 2019.

 

12.  Law Relating to Family Courts, Jus. P S Narayana, Universal Law Publication, New Delhi, 2013. 

Essential Reading / Recommended Reading

1.     Narendra Subramanian, “Making Family and Nation: Hindu Marriage Law in Early Postcolonial India” The Journal of Asian Studies Vol. 69, No. 3 (AUGUST 2010), pp. 771-798 available at http://www.jstor.org /stable/40929192.

2.     Asaf A. A. Fyzee, Muhammadan Law in India, Comparative Studies in Society and History, Vol. 5, No. 4 (Jul.1963), pp. 401-415.  http://www.jstor.org/action.

3.     Narendra Subramanian, Legal Change and Gender Inequality: Changes in Muslim Family Law in India: Law & amp; Social Inquiry, Vol. 33, No. 3 (Summer, 2008), pp. 631-672

4.     Edwin Eames, “Hindu Cousin Marriages” American Anthropologist New Series, Vol. 68, No. 3 (Jun, 1966), pp. 757-758available at http://www.jstor.org/stable/670006

5.     Indian Christian marriage Act- A review, available at http://www.manupatrafast.inEnabling Justice to Christian Women in India – the

6.     issue of divorce available at http://www.manupatrafast.in

7.     Nanda Chiranjeevi Rao, Marriage agreement under Muslim Law: A Weapon in the hands of Muslim women, Journal of Indian Law Institute, Page 94 to 103 vol.55,

8.     issue 01, Jan-March 2013.

9.     Dr. Nanda Chiranjeevi Rao, Presumption of Marriage under Muslim Law, Indian bar review, page 119 to 133, Vol. 39, issue 04, Oct- Dec, 2012.

10.  Ragini Sahay, Association, Dowry and Dower in Muslim Marriage : A study among Muslim Telis of Delhi Indian Anthropologist, Vol. 26, No. 1 (June, 1996), pp. 47 http://www.jstor.org/stable/41919792

11.  M. Afzal Wani, Muslim Women’s Rights to Mahr: An Appraisal of statutory Laws in Muslim Countries, Journal of Indian Law Institute, Page 387 to 409 vol. 43, issue 03, July – September 2001.

12.  Saleem Akhtar & Mohd Wasim Ali, Repudiation of Marital Tie at the instance of Muslim wife: Misgiving and Clarification, Journal of Indian Law Institute, Page 471 to 483 Vol. 45, issue 03 & 04, July- Dec, 2003.

13.  Furqan Ahmad, Understanding the Islamic Law of Divorce, Journal of Indian Law Institute, Page 484 to 508 vol. 45, issue 03 & 04, July- Dec, 2003.

14.  Nawaz B. Modythe Press in India: The Shah Bano Judgment and Its Aftermath, Asian Survey, Vol. 27, No. 8 (Aug, 1987), pp. 935-953.

Ashok V. Chowgule, Triple Talaq, Economic and Political Weekly, Vol. 29, No. 26 (Jun. 25, 1994), p. 1554 http://www.jstor.org/

Evaluation Pattern

CIA I 

Quiz/Assignments

10%

CIA II

Mid Semester written examination conducted for 2 hours duration. (Unit 1,2)

25%

CIA III

Case Analysis/research paper on cases/topics selected by the students 

10%

End Semester Examination

Written examination conducted for 3 hours duration. All units.

50%

Attendance

 

05%

Total

 

100%

LAW553 - COMPANY LAW I (2022 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

COURSE DESCRIPTION: 

UNIT 1 will provide the students an overview of regulatory framework for working of mercantile associations in India. UNIT 2 will give clarity about company as a legal entity and types of companies. UNIT 3 about the process of formation of a company. UNIT 4 about the basic documents of a company- its framing and amendments. UNIT 5 about irregular transactions of Companies and issues related to the same. UNIT 6 will give a clear picture about membership in companies and de-mat accounts. UNIT 7 makes the students clear about the financial aspects of a company including capital, securities and charges. UNIT 8 further deals with the issues related with securities under the provisions of Companies Act. UNIT 9 covers the debt securities issued by companies under the act which includes charges and company deposits. 

 

COURSE OBJECTIVES: 

The purpose of this course is to study the fundamental Concepts central to Company Law. The course aims to cover the formation, management and other activities of the companies. Important regulations pertaining to the issue of shares and the capital raising. This course also aims to teach, the company formation, fund raising and control, related issues, the remedies and government regulation of corporate business.

Learning Outcome

CO1: Describe the method of giving security for repayment of loan or other liabilities of a company.

CO2: Explain jurisprudential aspects of company and the classification of companies.

CO3: Appreciate the importance of business associations, history and regulatory framework relating to the same.

CO4: Elucidate the process of formation of different kinds of companies and commencement of business.

CO5: Evaluate ultra vires actions, consequences and remedies available to the companies and their agents.

Unit-1
Teaching Hours:8
INTRODUCTION, HISTORY AND REGULATORY REGIME
 

Overview of the subject, Legal Vehicles available for business activities – Corporate Bodies, Un-incorporated associations, proprietary concerns and HUF – Characteristics of each, The corporate bodies governed by The Companies Act, 1956, Other Corporate Bodies including co-operative societies and LLPs

History of corporate law and recent developments, The Modern corporation, Its role and significance, comparison with other forms of business organization – Advantages and disadvantages of doing business through the corporate vehicle – The evolution of commercial corporations and its recent developments – History of Registered Companies in England and India – Twentieth Century developments, Emergence of mega multinationals, Stakeholders in the corporation, Organs of the corporation and the correlation between them – Corporate Governance –An overview

Unit-1
Teaching Hours:8
INTRODUCTION, HISTORY AND REGULATORY REGIME
 

Overview of the subject, Legal Vehicles available for business activities – Corporate Bodies, Un-incorporated associations, proprietary concerns and HUF – Characteristics of each, The corporate bodies governed by The Companies Act, 1956, Other Corporate Bodies including co-operative societies and LLPs

History of corporate law and recent developments, The Modern corporation, Its role and significance, comparison with other forms of business organization – Advantages and disadvantages of doing business through the corporate vehicle – The evolution of commercial corporations and its recent developments – History of Registered Companies in England and India – Twentieth Century developments, Emergence of mega multinationals, Stakeholders in the corporation, Organs of the corporation and the correlation between them – Corporate Governance –An overview

Unit-1
Teaching Hours:8
INTRODUCTION, HISTORY AND REGULATORY REGIME
 

Overview of the subject, Legal Vehicles available for business activities – Corporate Bodies, Un-incorporated associations, proprietary concerns and HUF – Characteristics of each, The corporate bodies governed by The Companies Act, 1956, Other Corporate Bodies including co-operative societies and LLPs

History of corporate law and recent developments, The Modern corporation, Its role and significance, comparison with other forms of business organization – Advantages and disadvantages of doing business through the corporate vehicle – The evolution of commercial corporations and its recent developments – History of Registered Companies in England and India – Twentieth Century developments, Emergence of mega multinationals, Stakeholders in the corporation, Organs of the corporation and the correlation between them – Corporate Governance –An overview

Unit-1
Teaching Hours:8
INTRODUCTION, HISTORY AND REGULATORY REGIME
 

Overview of the subject, Legal Vehicles available for business activities – Corporate Bodies, Un-incorporated associations, proprietary concerns and HUF – Characteristics of each, The corporate bodies governed by The Companies Act, 1956, Other Corporate Bodies including co-operative societies and LLPs

History of corporate law and recent developments, The Modern corporation, Its role and significance, comparison with other forms of business organization – Advantages and disadvantages of doing business through the corporate vehicle – The evolution of commercial corporations and its recent developments – History of Registered Companies in England and India – Twentieth Century developments, Emergence of mega multinationals, Stakeholders in the corporation, Organs of the corporation and the correlation between them – Corporate Governance –An overview

Unit-1
Teaching Hours:8
INTRODUCTION, HISTORY AND REGULATORY REGIME
 

Overview of the subject, Legal Vehicles available for business activities – Corporate Bodies, Un-incorporated associations, proprietary concerns and HUF – Characteristics of each, The corporate bodies governed by The Companies Act, 1956, Other Corporate Bodies including co-operative societies and LLPs

History of corporate law and recent developments, The Modern corporation, Its role and significance, comparison with other forms of business organization – Advantages and disadvantages of doing business through the corporate vehicle – The evolution of commercial corporations and its recent developments – History of Registered Companies in England and India – Twentieth Century developments, Emergence of mega multinationals, Stakeholders in the corporation, Organs of the corporation and the correlation between them – Corporate Governance –An overview

Unit-1
Teaching Hours:8
INTRODUCTION, HISTORY AND REGULATORY REGIME
 

Overview of the subject, Legal Vehicles available for business activities – Corporate Bodies, Un-incorporated associations, proprietary concerns and HUF – Characteristics of each, The corporate bodies governed by The Companies Act, 1956, Other Corporate Bodies including co-operative societies and LLPs

History of corporate law and recent developments, The Modern corporation, Its role and significance, comparison with other forms of business organization – Advantages and disadvantages of doing business through the corporate vehicle – The evolution of commercial corporations and its recent developments – History of Registered Companies in England and India – Twentieth Century developments, Emergence of mega multinationals, Stakeholders in the corporation, Organs of the corporation and the correlation between them – Corporate Governance –An overview

Unit-2
Teaching Hours:8
COMPANY AS SEPARATE LEGAL ENTITY AND EXCEPTIONS
 

Jurisprudential issues – Incidents of corporate personality, Lifting the corporate veil – Statutory and judicial inroads to corporate personality, Legal personality of group companies.

Classification of companies – Chartered, Statutory and Registered Companies, Limited by Shares, Limited by Guarantee and Unlimited, Private and Public Companies, S. 25 Companies, Government Companies, Foreign Companies, Producer Companies, Group Companies.

Unit-2
Teaching Hours:8
COMPANY AS SEPARATE LEGAL ENTITY AND EXCEPTIONS
 

Jurisprudential issues – Incidents of corporate personality, Lifting the corporate veil – Statutory and judicial inroads to corporate personality, Legal personality of group companies.

Classification of companies – Chartered, Statutory and Registered Companies, Limited by Shares, Limited by Guarantee and Unlimited, Private and Public Companies, S. 25 Companies, Government Companies, Foreign Companies, Producer Companies, Group Companies.

Unit-2
Teaching Hours:8
COMPANY AS SEPARATE LEGAL ENTITY AND EXCEPTIONS
 

Jurisprudential issues – Incidents of corporate personality, Lifting the corporate veil – Statutory and judicial inroads to corporate personality, Legal personality of group companies.

Classification of companies – Chartered, Statutory and Registered Companies, Limited by Shares, Limited by Guarantee and Unlimited, Private and Public Companies, S. 25 Companies, Government Companies, Foreign Companies, Producer Companies, Group Companies.

Unit-2
Teaching Hours:8
COMPANY AS SEPARATE LEGAL ENTITY AND EXCEPTIONS
 

Jurisprudential issues – Incidents of corporate personality, Lifting the corporate veil – Statutory and judicial inroads to corporate personality, Legal personality of group companies.

Classification of companies – Chartered, Statutory and Registered Companies, Limited by Shares, Limited by Guarantee and Unlimited, Private and Public Companies, S. 25 Companies, Government Companies, Foreign Companies, Producer Companies, Group Companies.

Unit-2
Teaching Hours:8
COMPANY AS SEPARATE LEGAL ENTITY AND EXCEPTIONS
 

Jurisprudential issues – Incidents of corporate personality, Lifting the corporate veil – Statutory and judicial inroads to corporate personality, Legal personality of group companies.

Classification of companies – Chartered, Statutory and Registered Companies, Limited by Shares, Limited by Guarantee and Unlimited, Private and Public Companies, S. 25 Companies, Government Companies, Foreign Companies, Producer Companies, Group Companies.

Unit-2
Teaching Hours:8
COMPANY AS SEPARATE LEGAL ENTITY AND EXCEPTIONS
 

Jurisprudential issues – Incidents of corporate personality, Lifting the corporate veil – Statutory and judicial inroads to corporate personality, Legal personality of group companies.

Classification of companies – Chartered, Statutory and Registered Companies, Limited by Shares, Limited by Guarantee and Unlimited, Private and Public Companies, S. 25 Companies, Government Companies, Foreign Companies, Producer Companies, Group Companies.

Unit-3
Teaching Hours:8
PROMOTION ACTIVITY AND FORMATION OF COMPANIES
 

Company Promoters – Legal Position of Company Promoters, Remedies against breach of duties by promoters

Pre Incorporation Contracts – Ratification-Jurisprudential Issues, Scope of Sections 15 and 19 of Specific Relief Act, 1963, Rights and Liabilities of the Company, third parties and promoters in respect of pre incorporation Contracts, Comparison between Indian and English Law

Provisional Contracts – Meaning, Trading certificate –Distinction between private companies and Public companies, Effect of provisional contracts

Contracts made after the company is entitled to commence its business

Formation of Companies – Legal and procedural issues, Conclusiveness of the certificate of Incorporation.

Commencement of business – Distinction between Private and public company

Unit-3
Teaching Hours:8
PROMOTION ACTIVITY AND FORMATION OF COMPANIES
 

Company Promoters – Legal Position of Company Promoters, Remedies against breach of duties by promoters

Pre Incorporation Contracts – Ratification-Jurisprudential Issues, Scope of Sections 15 and 19 of Specific Relief Act, 1963, Rights and Liabilities of the Company, third parties and promoters in respect of pre incorporation Contracts, Comparison between Indian and English Law

Provisional Contracts – Meaning, Trading certificate –Distinction between private companies and Public companies, Effect of provisional contracts

Contracts made after the company is entitled to commence its business

Formation of Companies – Legal and procedural issues, Conclusiveness of the certificate of Incorporation.

Commencement of business – Distinction between Private and public company

Unit-3
Teaching Hours:8
PROMOTION ACTIVITY AND FORMATION OF COMPANIES
 

Company Promoters – Legal Position of Company Promoters, Remedies against breach of duties by promoters

Pre Incorporation Contracts – Ratification-Jurisprudential Issues, Scope of Sections 15 and 19 of Specific Relief Act, 1963, Rights and Liabilities of the Company, third parties and promoters in respect of pre incorporation Contracts, Comparison between Indian and English Law

Provisional Contracts – Meaning, Trading certificate –Distinction between private companies and Public companies, Effect of provisional contracts

Contracts made after the company is entitled to commence its business

Formation of Companies – Legal and procedural issues, Conclusiveness of the certificate of Incorporation.

Commencement of business – Distinction between Private and public company

Unit-3
Teaching Hours:8
PROMOTION ACTIVITY AND FORMATION OF COMPANIES
 

Company Promoters – Legal Position of Company Promoters, Remedies against breach of duties by promoters

Pre Incorporation Contracts – Ratification-Jurisprudential Issues, Scope of Sections 15 and 19 of Specific Relief Act, 1963, Rights and Liabilities of the Company, third parties and promoters in respect of pre incorporation Contracts, Comparison between Indian and English Law

Provisional Contracts – Meaning, Trading certificate –Distinction between private companies and Public companies, Effect of provisional contracts

Contracts made after the company is entitled to commence its business

Formation of Companies – Legal and procedural issues, Conclusiveness of the certificate of Incorporation.

Commencement of business – Distinction between Private and public company

Unit-3
Teaching Hours:8
PROMOTION ACTIVITY AND FORMATION OF COMPANIES
 

Company Promoters – Legal Position of Company Promoters, Remedies against breach of duties by promoters

Pre Incorporation Contracts – Ratification-Jurisprudential Issues, Scope of Sections 15 and 19 of Specific Relief Act, 1963, Rights and Liabilities of the Company, third parties and promoters in respect of pre incorporation Contracts, Comparison between Indian and English Law

Provisional Contracts – Meaning, Trading certificate –Distinction between private companies and Public companies, Effect of provisional contracts

Contracts made after the company is entitled to commence its business

Formation of Companies – Legal and procedural issues, Conclusiveness of the certificate of Incorporation.

Commencement of business – Distinction between Private and public company

Unit-3
Teaching Hours:8
PROMOTION ACTIVITY AND FORMATION OF COMPANIES
 

Company Promoters – Legal Position of Company Promoters, Remedies against breach of duties by promoters

Pre Incorporation Contracts – Ratification-Jurisprudential Issues, Scope of Sections 15 and 19 of Specific Relief Act, 1963, Rights and Liabilities of the Company, third parties and promoters in respect of pre incorporation Contracts, Comparison between Indian and English Law

Provisional Contracts – Meaning, Trading certificate –Distinction between private companies and Public companies, Effect of provisional contracts

Contracts made after the company is entitled to commence its business

Formation of Companies – Legal and procedural issues, Conclusiveness of the certificate of Incorporation.

Commencement of business – Distinction between Private and public company

Unit-4
Teaching Hours:8
CONSTITUTIONAL DOCUMENTS AND THEIR AMENDMENT
 

Memorandum of Association and Articles of Association- nature and correlations

Contents of Memorandum and Articles of Association – Obligatory and non-obligatory provisions of the Memorandum of Association, Legal status of the non-obligatory provisions, Whether Articles of Association are mandatory-significance of Table A articles, Contractual effect of the Memorandum and the Articles of Association, Shareholders’ Agreements and their effect on the company, Amendment of provisions in the Memorandum and the Articles of Association- Law & procedure.

Unit-4
Teaching Hours:8
CONSTITUTIONAL DOCUMENTS AND THEIR AMENDMENT
 

Memorandum of Association and Articles of Association- nature and correlations

Contents of Memorandum and Articles of Association – Obligatory and non-obligatory provisions of the Memorandum of Association, Legal status of the non-obligatory provisions, Whether Articles of Association are mandatory-significance of Table A articles, Contractual effect of the Memorandum and the Articles of Association, Shareholders’ Agreements and their effect on the company, Amendment of provisions in the Memorandum and the Articles of Association- Law & procedure.

Unit-4
Teaching Hours:8
CONSTITUTIONAL DOCUMENTS AND THEIR AMENDMENT
 

Memorandum of Association and Articles of Association- nature and correlations

Contents of Memorandum and Articles of Association – Obligatory and non-obligatory provisions of the Memorandum of Association, Legal status of the non-obligatory provisions, Whether Articles of Association are mandatory-significance of Table A articles, Contractual effect of the Memorandum and the Articles of Association, Shareholders’ Agreements and their effect on the company, Amendment of provisions in the Memorandum and the Articles of Association- Law & procedure.

Unit-4
Teaching Hours:8
CONSTITUTIONAL DOCUMENTS AND THEIR AMENDMENT
 

Memorandum of Association and Articles of Association- nature and correlations

Contents of Memorandum and Articles of Association – Obligatory and non-obligatory provisions of the Memorandum of Association, Legal status of the non-obligatory provisions, Whether Articles of Association are mandatory-significance of Table A articles, Contractual effect of the Memorandum and the Articles of Association, Shareholders’ Agreements and their effect on the company, Amendment of provisions in the Memorandum and the Articles of Association- Law & procedure.

Unit-4
Teaching Hours:8
CONSTITUTIONAL DOCUMENTS AND THEIR AMENDMENT
 

Memorandum of Association and Articles of Association- nature and correlations

Contents of Memorandum and Articles of Association – Obligatory and non-obligatory provisions of the Memorandum of Association, Legal status of the non-obligatory provisions, Whether Articles of Association are mandatory-significance of Table A articles, Contractual effect of the Memorandum and the Articles of Association, Shareholders’ Agreements and their effect on the company, Amendment of provisions in the Memorandum and the Articles of Association- Law & procedure.

Unit-4
Teaching Hours:8
CONSTITUTIONAL DOCUMENTS AND THEIR AMENDMENT
 

Memorandum of Association and Articles of Association- nature and correlations

Contents of Memorandum and Articles of Association – Obligatory and non-obligatory provisions of the Memorandum of Association, Legal status of the non-obligatory provisions, Whether Articles of Association are mandatory-significance of Table A articles, Contractual effect of the Memorandum and the Articles of Association, Shareholders’ Agreements and their effect on the company, Amendment of provisions in the Memorandum and the Articles of Association- Law & procedure.

Unit-5
Teaching Hours:8
IRREGULAR COMPANY TRANSACTIONS
 

Doctrine of ‘Ultra Vires’ – Significance of the Object clause, Effect of Ultra Vires Transactions, Remedies

Doctrine of Constructive Notice and Indoor management – Legal protection of the Company and third parties prejudiced by the un-authorized transactions by the Companies Agents.

Unit-5
Teaching Hours:8
IRREGULAR COMPANY TRANSACTIONS
 

Doctrine of ‘Ultra Vires’ – Significance of the Object clause, Effect of Ultra Vires Transactions, Remedies

Doctrine of Constructive Notice and Indoor management – Legal protection of the Company and third parties prejudiced by the un-authorized transactions by the Companies Agents.

Unit-5
Teaching Hours:8
IRREGULAR COMPANY TRANSACTIONS
 

Doctrine of ‘Ultra Vires’ – Significance of the Object clause, Effect of Ultra Vires Transactions, Remedies

Doctrine of Constructive Notice and Indoor management – Legal protection of the Company and third parties prejudiced by the un-authorized transactions by the Companies Agents.

Unit-5
Teaching Hours:8
IRREGULAR COMPANY TRANSACTIONS
 

Doctrine of ‘Ultra Vires’ – Significance of the Object clause, Effect of Ultra Vires Transactions, Remedies

Doctrine of Constructive Notice and Indoor management – Legal protection of the Company and third parties prejudiced by the un-authorized transactions by the Companies Agents.

Unit-5
Teaching Hours:8
IRREGULAR COMPANY TRANSACTIONS
 

Doctrine of ‘Ultra Vires’ – Significance of the Object clause, Effect of Ultra Vires Transactions, Remedies

Doctrine of Constructive Notice and Indoor management – Legal protection of the Company and third parties prejudiced by the un-authorized transactions by the Companies Agents.

Unit-5
Teaching Hours:8
IRREGULAR COMPANY TRANSACTIONS
 

Doctrine of ‘Ultra Vires’ – Significance of the Object clause, Effect of Ultra Vires Transactions, Remedies

Doctrine of Constructive Notice and Indoor management – Legal protection of the Company and third parties prejudiced by the un-authorized transactions by the Companies Agents.

Unit-6
Teaching Hours:5
MEMBERSHIP
 

Members of a Company and Their Legal Status – Register of Members – Membership in Respect of Shares in the Dematerialized Form – Service of Notice to Members, Company and ROC – Publicity Requirements with Regard to Membership.

Unit-6
Teaching Hours:5
MEMBERSHIP
 

Members of a Company and Their Legal Status – Register of Members – Membership in Respect of Shares in the Dematerialized Form – Service of Notice to Members, Company and ROC – Publicity Requirements with Regard to Membership.

Unit-6
Teaching Hours:5
MEMBERSHIP
 

Members of a Company and Their Legal Status – Register of Members – Membership in Respect of Shares in the Dematerialized Form – Service of Notice to Members, Company and ROC – Publicity Requirements with Regard to Membership.

Unit-6
Teaching Hours:5
MEMBERSHIP
 

Members of a Company and Their Legal Status – Register of Members – Membership in Respect of Shares in the Dematerialized Form – Service of Notice to Members, Company and ROC – Publicity Requirements with Regard to Membership.

Unit-6
Teaching Hours:5
MEMBERSHIP
 

Members of a Company and Their Legal Status – Register of Members – Membership in Respect of Shares in the Dematerialized Form – Service of Notice to Members, Company and ROC – Publicity Requirements with Regard to Membership.

Unit-6
Teaching Hours:5
MEMBERSHIP
 

Members of a Company and Their Legal Status – Register of Members – Membership in Respect of Shares in the Dematerialized Form – Service of Notice to Members, Company and ROC – Publicity Requirements with Regard to Membership.

Unit-7
Teaching Hours:5
CORPORATE FINANCE
 

Capital – Concept of Capital in Corporate Law – Quasi-capital Funds – share premium account and capital redemption reserve fund – Rules governing the raising and maintenance of capital – Buyback of shares – Reduction of capital.

Unit-7
Teaching Hours:5
CORPORATE FINANCE
 

Capital – Concept of Capital in Corporate Law – Quasi-capital Funds – share premium account and capital redemption reserve fund – Rules governing the raising and maintenance of capital – Buyback of shares – Reduction of capital.

Unit-7
Teaching Hours:5
CORPORATE FINANCE
 

Capital – Concept of Capital in Corporate Law – Quasi-capital Funds – share premium account and capital redemption reserve fund – Rules governing the raising and maintenance of capital – Buyback of shares – Reduction of capital.

Unit-7
Teaching Hours:5
CORPORATE FINANCE
 

Capital – Concept of Capital in Corporate Law – Quasi-capital Funds – share premium account and capital redemption reserve fund – Rules governing the raising and maintenance of capital – Buyback of shares – Reduction of capital.

Unit-7
Teaching Hours:5
CORPORATE FINANCE
 

Capital – Concept of Capital in Corporate Law – Quasi-capital Funds – share premium account and capital redemption reserve fund – Rules governing the raising and maintenance of capital – Buyback of shares – Reduction of capital.

Unit-7
Teaching Hours:5
CORPORATE FINANCE
 

Capital – Concept of Capital in Corporate Law – Quasi-capital Funds – share premium account and capital redemption reserve fund – Rules governing the raising and maintenance of capital – Buyback of shares – Reduction of capital.

Unit-8
Teaching Hours:6
CORPORATE SECURITIES
 

Types of Corporate Securities – Shares, Debentures and Other Securities – Legal Nature of Shares and Debentures – Classes of Shares and Their Special Features – Variation of Class Rights – Shares as property – Trust and beneficial interest, Share certificate, Lien on shares, Forfeiture of shares – Shares as membership

Debentures – Types of debentures-secured and unsecured, Debenture trust deed and debenture trustees, Remedies of debenture holders, Redemption of preference shares and debentures, Distinction between equity shares, preference shares and debentures, Conversion of preference shares into equity and debentures

Modes of acquisition of Corporate securities – Allotment, Transfer, Transmission, Legal and Procedural aspects, Blank transfers, Transfers of securities in dematerialized form.

Unit-8
Teaching Hours:6
CORPORATE SECURITIES
 

Types of Corporate Securities – Shares, Debentures and Other Securities – Legal Nature of Shares and Debentures – Classes of Shares and Their Special Features – Variation of Class Rights – Shares as property – Trust and beneficial interest, Share certificate, Lien on shares, Forfeiture of shares – Shares as membership

Debentures – Types of debentures-secured and unsecured, Debenture trust deed and debenture trustees, Remedies of debenture holders, Redemption of preference shares and debentures, Distinction between equity shares, preference shares and debentures, Conversion of preference shares into equity and debentures

Modes of acquisition of Corporate securities – Allotment, Transfer, Transmission, Legal and Procedural aspects, Blank transfers, Transfers of securities in dematerialized form.

Unit-8
Teaching Hours:6
CORPORATE SECURITIES
 

Types of Corporate Securities – Shares, Debentures and Other Securities – Legal Nature of Shares and Debentures – Classes of Shares and Their Special Features – Variation of Class Rights – Shares as property – Trust and beneficial interest, Share certificate, Lien on shares, Forfeiture of shares – Shares as membership

Debentures – Types of debentures-secured and unsecured, Debenture trust deed and debenture trustees, Remedies of debenture holders, Redemption of preference shares and debentures, Distinction between equity shares, preference shares and debentures, Conversion of preference shares into equity and debentures

Modes of acquisition of Corporate securities – Allotment, Transfer, Transmission, Legal and Procedural aspects, Blank transfers, Transfers of securities in dematerialized form.

Unit-8
Teaching Hours:6
CORPORATE SECURITIES
 

Types of Corporate Securities – Shares, Debentures and Other Securities – Legal Nature of Shares and Debentures – Classes of Shares and Their Special Features – Variation of Class Rights – Shares as property – Trust and beneficial interest, Share certificate, Lien on shares, Forfeiture of shares – Shares as membership

Debentures – Types of debentures-secured and unsecured, Debenture trust deed and debenture trustees, Remedies of debenture holders, Redemption of preference shares and debentures, Distinction between equity shares, preference shares and debentures, Conversion of preference shares into equity and debentures

Modes of acquisition of Corporate securities – Allotment, Transfer, Transmission, Legal and Procedural aspects, Blank transfers, Transfers of securities in dematerialized form.

Unit-8
Teaching Hours:6
CORPORATE SECURITIES
 

Types of Corporate Securities – Shares, Debentures and Other Securities – Legal Nature of Shares and Debentures – Classes of Shares and Their Special Features – Variation of Class Rights – Shares as property – Trust and beneficial interest, Share certificate, Lien on shares, Forfeiture of shares – Shares as membership

Debentures – Types of debentures-secured and unsecured, Debenture trust deed and debenture trustees, Remedies of debenture holders, Redemption of preference shares and debentures, Distinction between equity shares, preference shares and debentures, Conversion of preference shares into equity and debentures

Modes of acquisition of Corporate securities – Allotment, Transfer, Transmission, Legal and Procedural aspects, Blank transfers, Transfers of securities in dematerialized form.

Unit-8
Teaching Hours:6
CORPORATE SECURITIES
 

Types of Corporate Securities – Shares, Debentures and Other Securities – Legal Nature of Shares and Debentures – Classes of Shares and Their Special Features – Variation of Class Rights – Shares as property – Trust and beneficial interest, Share certificate, Lien on shares, Forfeiture of shares – Shares as membership

Debentures – Types of debentures-secured and unsecured, Debenture trust deed and debenture trustees, Remedies of debenture holders, Redemption of preference shares and debentures, Distinction between equity shares, preference shares and debentures, Conversion of preference shares into equity and debentures

Modes of acquisition of Corporate securities – Allotment, Transfer, Transmission, Legal and Procedural aspects, Blank transfers, Transfers of securities in dematerialized form.

Unit-9
Teaching Hours:5
COMPANY CHARGES AND COMPANY DEPOSITS
 

Types of charge-fixed and floating charge – Registration of charges and effect of non-registration – Crystallization of floating charges – Theories of floating charges – Vulnerability of floating charges – Effect of negative covenants in winding up.

Unit-9
Teaching Hours:5
COMPANY CHARGES AND COMPANY DEPOSITS
 

Types of charge-fixed and floating charge – Registration of charges and effect of non-registration – Crystallization of floating charges – Theories of floating charges – Vulnerability of floating charges – Effect of negative covenants in winding up.

Unit-9
Teaching Hours:5
COMPANY CHARGES AND COMPANY DEPOSITS
 

Types of charge-fixed and floating charge – Registration of charges and effect of non-registration – Crystallization of floating charges – Theories of floating charges – Vulnerability of floating charges – Effect of negative covenants in winding up.

Unit-9
Teaching Hours:5
COMPANY CHARGES AND COMPANY DEPOSITS
 

Types of charge-fixed and floating charge – Registration of charges and effect of non-registration – Crystallization of floating charges – Theories of floating charges – Vulnerability of floating charges – Effect of negative covenants in winding up.

Unit-9
Teaching Hours:5
COMPANY CHARGES AND COMPANY DEPOSITS
 

Types of charge-fixed and floating charge – Registration of charges and effect of non-registration – Crystallization of floating charges – Theories of floating charges – Vulnerability of floating charges – Effect of negative covenants in winding up.

Unit-9
Teaching Hours:5
COMPANY CHARGES AND COMPANY DEPOSITS
 

Types of charge-fixed and floating charge – Registration of charges and effect of non-registration – Crystallization of floating charges – Theories of floating charges – Vulnerability of floating charges – Effect of negative covenants in winding up.

Text Books And Reference Books:

1.      Gower, L. C. B. Principles of Modern Company Law. (8th Ed.) London: Sweet and Maxwell, 2015.

 

2.      Palmer. Palmer’s Company Law. London: Stevans, 2014.

 

3.      Pennington R. R. Company Law. (New)Butterworths, 2012.

 

4.      Ramaiya, Guide to the Companies Act. (18th Ed.) LexisNexis, 2015.

 

5.      Sealy, L. S. Cases and Materials in Company Law. 2007.

 

Essential Reading / Recommended Reading

1.      Gower, L. C. B. Principles of Modern Company Law. (8th Ed.) London: Sweet and Maxwell, 2015.

2.      Palmer. Palmer’s Company Law. London: Stevans, 2014.

3.      Pennington R. R. Company Law. (New)Butterworths, 2012.

4.      Ramaiya, Guide to the Companies Act. (18th Ed.) LexisNexis, 2015.

5.      Sealy, L. S. Cases and Materials in Company Law. 2007.

Evaluation Pattern

SCHEME OF VALUATION

·         CIA I – Class Test / Assignment / Presentation            – 10%

·         CIA II – Mid Semester Examination                                  – 25%

·         CIA III – Research Topic                                                     – 10%

·         Attendance                                                                            – 05%

·         End Semester Examination                                                – 50%

                                                                                                TOTAL 100%

LAW554 - ADMINISTRATIVE LAW (2022 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

Course description:

Administration is an individual’s interface with the State. Due to radical change in the philosophy regarding the role and function of the state (from laissez faire to welfare), the opportunities of interaction with administration have increased manifold and continue to increase further. The situation is such that administrative actions impinges on every aspect of an individual’s life. Due to unprecedented rise in state intervention in an individual’s (whether citizen or non-citizen) life, the possibilities of accumulation of uncontrolled power and of arbitrariness in its exercise too has increased. This in turn has started adversely affecting legal rights granted to an individual by the law. Therefore, administrative law has been systematically developed as an instrument to ensure that the powers entrusted or delegated to the administrative authorities are exercised strictly in accordance with the law. Its rapid growth in the 20th century is regarded as the most significant development in the field of law. It deals with legal framework governing public administration and the principles to control executive power to avoid arbitrariness.

 

Course Objectives

1. To study the interface between an individual and the State due to radical change in the philosophy regarding the role and functions of the State(from laissez faire to welfare).

2. To analyse the possibilities of accumulation of uncontrolled power and of arbitrariness in its exercise by administrative authorities.

3. To examine the factors affecting legal rights granted to an individual by the law.

4. To evaluate the legal framework governing public administration and the principles to control executive power to avoid arbitrariness.

Learning Outcome

CO1: To Define and recall various concepts and legal issues associated with Administrative Law.

CO2: To Summarize and explain the reasons behind the increasing delegation of powers and its corresponding controls.

CO3: To Apply legal principles to analyze instances of abuse related to discretionary and delegated powers exercised by public authorities and demonstrate the application of relevant legal concepts to real-world scenarios.

CO4: To Critically examine and break down the grievance mechanism designed to protect citizen's rights within the framework of Administrative Law and analyze the impact of the delegation of powers on administrative decision-making processes.

CO5: To Evaluate the implications of discretionary powers on the rule of law and citizen rights.

CO6: To Develop strategies for enhancing the grievance mechanism to better protect citizen's rights.

Unit-1
Teaching Hours:15
INTRODUCTION TO ADMINSITRATIVE LAW AND DELEGATED LEGISLATION
 

1.1.          1.1 Evolution, nature and scope of administrative law, reasons for the growth of administrative law in 21st century in India.

 

1.2.          1.2 Laissez-faire State, social welfare state, and modern state, comparative evolution,

 

1.3.          1.3 Relationship between Administrative Law and Constitutional Law.

 

1.4.          1.4 Classification of functions of government, doctrine of rule of law, doctrine of separation of powers.

 

1.5.     1.5 Concept of Delegated Legislation, its growth and development, classification, comparative position – UK; USA; India, excessive delegation, quasi legislation and sub – ordinate legislation constitutional limits, and control mechanism

 

Unit-1
Teaching Hours:15
INTRODUCTION TO ADMINSITRATIVE LAW AND DELEGATED LEGISLATION
 

1.1.          1.1 Evolution, nature and scope of administrative law, reasons for the growth of administrative law in 21st century in India.

 

1.2.          1.2 Laissez-faire State, social welfare state, and modern state, comparative evolution,

 

1.3.          1.3 Relationship between Administrative Law and Constitutional Law.

 

1.4.          1.4 Classification of functions of government, doctrine of rule of law, doctrine of separation of powers.

 

1.5.     1.5 Concept of Delegated Legislation, its growth and development, classification, comparative position – UK; USA; India, excessive delegation, quasi legislation and sub – ordinate legislation constitutional limits, and control mechanism

 

Unit-1
Teaching Hours:15
INTRODUCTION TO ADMINSITRATIVE LAW AND DELEGATED LEGISLATION
 

1.1.          1.1 Evolution, nature and scope of administrative law, reasons for the growth of administrative law in 21st century in India.

 

1.2.          1.2 Laissez-faire State, social welfare state, and modern state, comparative evolution,

 

1.3.          1.3 Relationship between Administrative Law and Constitutional Law.

 

1.4.          1.4 Classification of functions of government, doctrine of rule of law, doctrine of separation of powers.

 

1.5.     1.5 Concept of Delegated Legislation, its growth and development, classification, comparative position – UK; USA; India, excessive delegation, quasi legislation and sub – ordinate legislation constitutional limits, and control mechanism

 

Unit-1
Teaching Hours:15
INTRODUCTION TO ADMINSITRATIVE LAW AND DELEGATED LEGISLATION
 

1.1.          1.1 Evolution, nature and scope of administrative law, reasons for the growth of administrative law in 21st century in India.

 

1.2.          1.2 Laissez-faire State, social welfare state, and modern state, comparative evolution,

 

1.3.          1.3 Relationship between Administrative Law and Constitutional Law.

 

1.4.          1.4 Classification of functions of government, doctrine of rule of law, doctrine of separation of powers.

 

1.5.     1.5 Concept of Delegated Legislation, its growth and development, classification, comparative position – UK; USA; India, excessive delegation, quasi legislation and sub – ordinate legislation constitutional limits, and control mechanism

 

Unit-1
Teaching Hours:15
INTRODUCTION TO ADMINSITRATIVE LAW AND DELEGATED LEGISLATION
 

1.1.          1.1 Evolution, nature and scope of administrative law, reasons for the growth of administrative law in 21st century in India.

 

1.2.          1.2 Laissez-faire State, social welfare state, and modern state, comparative evolution,

 

1.3.          1.3 Relationship between Administrative Law and Constitutional Law.

 

1.4.          1.4 Classification of functions of government, doctrine of rule of law, doctrine of separation of powers.

 

1.5.     1.5 Concept of Delegated Legislation, its growth and development, classification, comparative position – UK; USA; India, excessive delegation, quasi legislation and sub – ordinate legislation constitutional limits, and control mechanism

 

Unit-1
Teaching Hours:15
INTRODUCTION TO ADMINSITRATIVE LAW AND DELEGATED LEGISLATION
 

1.1.          1.1 Evolution, nature and scope of administrative law, reasons for the growth of administrative law in 21st century in India.

 

1.2.          1.2 Laissez-faire State, social welfare state, and modern state, comparative evolution,

 

1.3.          1.3 Relationship between Administrative Law and Constitutional Law.

 

1.4.          1.4 Classification of functions of government, doctrine of rule of law, doctrine of separation of powers.

 

1.5.     1.5 Concept of Delegated Legislation, its growth and development, classification, comparative position – UK; USA; India, excessive delegation, quasi legislation and sub – ordinate legislation constitutional limits, and control mechanism

 

Unit-2
Teaching Hours:12
NATURAL JUSTICE
 

2.1.   Concept, growth of principles of natural justice.

 

2.2.   Rules of natural justice: nemojudex in causasua – rule against bias, audi alteram partem – right to be heard, reasoned decision & right to legal representation.

 

2.3.  Expanding horizon of natural justice, duty to act fairly & legitimate expectation, other procedural norms,

 

2.4.      Exclusion of natural justice,

 

2.5.      Effect of failure to comply with principles of natural justice.

 

 

 

Unit-2
Teaching Hours:12
NATURAL JUSTICE
 

2.1.   Concept, growth of principles of natural justice.

 

2.2.   Rules of natural justice: nemojudex in causasua – rule against bias, audi alteram partem – right to be heard, reasoned decision & right to legal representation.

 

2.3.  Expanding horizon of natural justice, duty to act fairly & legitimate expectation, other procedural norms,

 

2.4.      Exclusion of natural justice,

 

2.5.      Effect of failure to comply with principles of natural justice.

 

 

 

Unit-2
Teaching Hours:12
NATURAL JUSTICE
 

2.1.   Concept, growth of principles of natural justice.

 

2.2.   Rules of natural justice: nemojudex in causasua – rule against bias, audi alteram partem – right to be heard, reasoned decision & right to legal representation.

 

2.3.  Expanding horizon of natural justice, duty to act fairly & legitimate expectation, other procedural norms,

 

2.4.      Exclusion of natural justice,

 

2.5.      Effect of failure to comply with principles of natural justice.

 

 

 

Unit-2
Teaching Hours:12
NATURAL JUSTICE
 

2.1.   Concept, growth of principles of natural justice.

 

2.2.   Rules of natural justice: nemojudex in causasua – rule against bias, audi alteram partem – right to be heard, reasoned decision & right to legal representation.

 

2.3.  Expanding horizon of natural justice, duty to act fairly & legitimate expectation, other procedural norms,

 

2.4.      Exclusion of natural justice,

 

2.5.      Effect of failure to comply with principles of natural justice.

 

 

 

Unit-2
Teaching Hours:12
NATURAL JUSTICE
 

2.1.   Concept, growth of principles of natural justice.

 

2.2.   Rules of natural justice: nemojudex in causasua – rule against bias, audi alteram partem – right to be heard, reasoned decision & right to legal representation.

 

2.3.  Expanding horizon of natural justice, duty to act fairly & legitimate expectation, other procedural norms,

 

2.4.      Exclusion of natural justice,

 

2.5.      Effect of failure to comply with principles of natural justice.

 

 

 

Unit-2
Teaching Hours:12
NATURAL JUSTICE
 

2.1.   Concept, growth of principles of natural justice.

 

2.2.   Rules of natural justice: nemojudex in causasua – rule against bias, audi alteram partem – right to be heard, reasoned decision & right to legal representation.

 

2.3.  Expanding horizon of natural justice, duty to act fairly & legitimate expectation, other procedural norms,

 

2.4.      Exclusion of natural justice,

 

2.5.      Effect of failure to comply with principles of natural justice.

 

 

 

Unit-3
Teaching Hours:14
ADMINISTRATIVE DISCRETIONARY POWERS, ADMINSITRATIVE ACTION AND JUDICIAL REVIEW AND REMEDIES
 

3.1.  Discretionary powers, judicial control over administrative discretion.

 

3.2.  Fundamental Rights and administrative discretion, reasonable exercise of power and Wednesbury principle.

 

3.3.      Grounds of judicial review of administrative action, constitutional remedies, private law remedies.

 

3.4.      Doctrine of legitimate expectation, doctrine of public accountability, doctrine of proportionality.

 

3.5.      Laches, and exclusion of jurisdiction.

 

Unit-3
Teaching Hours:14
ADMINISTRATIVE DISCRETIONARY POWERS, ADMINSITRATIVE ACTION AND JUDICIAL REVIEW AND REMEDIES
 

3.1.  Discretionary powers, judicial control over administrative discretion.

 

3.2.  Fundamental Rights and administrative discretion, reasonable exercise of power and Wednesbury principle.

 

3.3.      Grounds of judicial review of administrative action, constitutional remedies, private law remedies.

 

3.4.      Doctrine of legitimate expectation, doctrine of public accountability, doctrine of proportionality.

 

3.5.      Laches, and exclusion of jurisdiction.

 

Unit-3
Teaching Hours:14
ADMINISTRATIVE DISCRETIONARY POWERS, ADMINSITRATIVE ACTION AND JUDICIAL REVIEW AND REMEDIES
 

3.1.  Discretionary powers, judicial control over administrative discretion.

 

3.2.  Fundamental Rights and administrative discretion, reasonable exercise of power and Wednesbury principle.

 

3.3.      Grounds of judicial review of administrative action, constitutional remedies, private law remedies.

 

3.4.      Doctrine of legitimate expectation, doctrine of public accountability, doctrine of proportionality.

 

3.5.      Laches, and exclusion of jurisdiction.

 

Unit-3
Teaching Hours:14
ADMINISTRATIVE DISCRETIONARY POWERS, ADMINSITRATIVE ACTION AND JUDICIAL REVIEW AND REMEDIES
 

3.1.  Discretionary powers, judicial control over administrative discretion.

 

3.2.  Fundamental Rights and administrative discretion, reasonable exercise of power and Wednesbury principle.

 

3.3.      Grounds of judicial review of administrative action, constitutional remedies, private law remedies.

 

3.4.      Doctrine of legitimate expectation, doctrine of public accountability, doctrine of proportionality.

 

3.5.      Laches, and exclusion of jurisdiction.

 

Unit-3
Teaching Hours:14
ADMINISTRATIVE DISCRETIONARY POWERS, ADMINSITRATIVE ACTION AND JUDICIAL REVIEW AND REMEDIES
 

3.1.  Discretionary powers, judicial control over administrative discretion.

 

3.2.  Fundamental Rights and administrative discretion, reasonable exercise of power and Wednesbury principle.

 

3.3.      Grounds of judicial review of administrative action, constitutional remedies, private law remedies.

 

3.4.      Doctrine of legitimate expectation, doctrine of public accountability, doctrine of proportionality.

 

3.5.      Laches, and exclusion of jurisdiction.

 

Unit-3
Teaching Hours:14
ADMINISTRATIVE DISCRETIONARY POWERS, ADMINSITRATIVE ACTION AND JUDICIAL REVIEW AND REMEDIES
 

3.1.  Discretionary powers, judicial control over administrative discretion.

 

3.2.  Fundamental Rights and administrative discretion, reasonable exercise of power and Wednesbury principle.

 

3.3.      Grounds of judicial review of administrative action, constitutional remedies, private law remedies.

 

3.4.      Doctrine of legitimate expectation, doctrine of public accountability, doctrine of proportionality.

 

3.5.      Laches, and exclusion of jurisdiction.

 

Unit-4
Teaching Hours:12
ADMINISTRATIVE ADJUDICATION AND MALADMINISTRATION & ALTERNATIVE REMEDIES
 

4.1.      Concept of administration adjudication, reason for the growth, administrative tribunals.

 

4.2.      Concept and need of Ombudsman, Ombudsman in India – Lokpal, Lokayukta in States, (Lokpal and Lokayukta Act, 2013)

 

4.3.      Central Vigilance Commission (CVC)

 

4.4.      Right to Information (Right to Information Act, 2005 and its Salient features, Main Objectives and its impact)

 

4.5.      Cases – Vineet Narain v. Union of India (1998) 1 SCC 226

 

 

 

Unit-4
Teaching Hours:12
ADMINISTRATIVE ADJUDICATION AND MALADMINISTRATION & ALTERNATIVE REMEDIES
 

4.1.      Concept of administration adjudication, reason for the growth, administrative tribunals.

 

4.2.      Concept and need of Ombudsman, Ombudsman in India – Lokpal, Lokayukta in States, (Lokpal and Lokayukta Act, 2013)

 

4.3.      Central Vigilance Commission (CVC)

 

4.4.      Right to Information (Right to Information Act, 2005 and its Salient features, Main Objectives and its impact)

 

4.5.      Cases – Vineet Narain v. Union of India (1998) 1 SCC 226

 

 

 

Unit-4
Teaching Hours:12
ADMINISTRATIVE ADJUDICATION AND MALADMINISTRATION & ALTERNATIVE REMEDIES
 

4.1.      Concept of administration adjudication, reason for the growth, administrative tribunals.

 

4.2.      Concept and need of Ombudsman, Ombudsman in India – Lokpal, Lokayukta in States, (Lokpal and Lokayukta Act, 2013)

 

4.3.      Central Vigilance Commission (CVC)

 

4.4.      Right to Information (Right to Information Act, 2005 and its Salient features, Main Objectives and its impact)

 

4.5.      Cases – Vineet Narain v. Union of India (1998) 1 SCC 226

 

 

 

Unit-4
Teaching Hours:12
ADMINISTRATIVE ADJUDICATION AND MALADMINISTRATION & ALTERNATIVE REMEDIES
 

4.1.      Concept of administration adjudication, reason for the growth, administrative tribunals.

 

4.2.      Concept and need of Ombudsman, Ombudsman in India – Lokpal, Lokayukta in States, (Lokpal and Lokayukta Act, 2013)

 

4.3.      Central Vigilance Commission (CVC)

 

4.4.      Right to Information (Right to Information Act, 2005 and its Salient features, Main Objectives and its impact)

 

4.5.      Cases – Vineet Narain v. Union of India (1998) 1 SCC 226

 

 

 

Unit-4
Teaching Hours:12
ADMINISTRATIVE ADJUDICATION AND MALADMINISTRATION & ALTERNATIVE REMEDIES
 

4.1.      Concept of administration adjudication, reason for the growth, administrative tribunals.

 

4.2.      Concept and need of Ombudsman, Ombudsman in India – Lokpal, Lokayukta in States, (Lokpal and Lokayukta Act, 2013)

 

4.3.      Central Vigilance Commission (CVC)

 

4.4.      Right to Information (Right to Information Act, 2005 and its Salient features, Main Objectives and its impact)

 

4.5.      Cases – Vineet Narain v. Union of India (1998) 1 SCC 226

 

 

 

Unit-4
Teaching Hours:12
ADMINISTRATIVE ADJUDICATION AND MALADMINISTRATION & ALTERNATIVE REMEDIES
 

4.1.      Concept of administration adjudication, reason for the growth, administrative tribunals.

 

4.2.      Concept and need of Ombudsman, Ombudsman in India – Lokpal, Lokayukta in States, (Lokpal and Lokayukta Act, 2013)

 

4.3.      Central Vigilance Commission (CVC)

 

4.4.      Right to Information (Right to Information Act, 2005 and its Salient features, Main Objectives and its impact)

 

4.5.      Cases – Vineet Narain v. Union of India (1998) 1 SCC 226

 

 

 

Unit-5
Teaching Hours:7
GOVERNMENT AS A LITIGANT
 

5.1.      Development of the concept of state liability

 

5.2.      Tortuous liability

 

5.3.      Contractual liability

 

5.4.      Privileges of Government

 

5.5.      Doctrine of Estoppel and Waiver

 

Unit-5
Teaching Hours:7
GOVERNMENT AS A LITIGANT
 

5.1.      Development of the concept of state liability

 

5.2.      Tortuous liability

 

5.3.      Contractual liability

 

5.4.      Privileges of Government

 

5.5.      Doctrine of Estoppel and Waiver

 

Unit-5
Teaching Hours:7
GOVERNMENT AS A LITIGANT
 

5.1.      Development of the concept of state liability

 

5.2.      Tortuous liability

 

5.3.      Contractual liability

 

5.4.      Privileges of Government

 

5.5.      Doctrine of Estoppel and Waiver

 

Unit-5
Teaching Hours:7
GOVERNMENT AS A LITIGANT
 

5.1.      Development of the concept of state liability

 

5.2.      Tortuous liability

 

5.3.      Contractual liability

 

5.4.      Privileges of Government

 

5.5.      Doctrine of Estoppel and Waiver

 

Unit-5
Teaching Hours:7
GOVERNMENT AS A LITIGANT
 

5.1.      Development of the concept of state liability

 

5.2.      Tortuous liability

 

5.3.      Contractual liability

 

5.4.      Privileges of Government

 

5.5.      Doctrine of Estoppel and Waiver

 

Unit-5
Teaching Hours:7
GOVERNMENT AS A LITIGANT
 

5.1.      Development of the concept of state liability

 

5.2.      Tortuous liability

 

5.3.      Contractual liability

 

5.4.      Privileges of Government

 

5.5.      Doctrine of Estoppel and Waiver

 

Text Books And Reference Books:

 

1.     Jain M. P., and S. N. Jain, Principles of Administrative Law. Nagpur: Lexis Nexis, India, 2010.

 

2.     Jain, M. P. Cases and Materials on Indian Administrative Law. Nagpur: Lexis Nexis, India.

 

3.     Basu, Durga Das. Administrative Law.

 

4.     Sathe, S. P. Administrative Law. LexisNexis, India, 2004 (2010).

 

5.     Massey, I. P. Administrative Law. Lucknow: Eastern Book Co., 2008.

 

6.     Takwani, C. K. Administrative Law. Lucknow: Eastern Book Co., 1980.

 

7.     Wade, H. R. W. Administrative Law. New York: Oxford University Press, 2000.

 

8.     Administrative Law - Leading Cases Materials & Q.A. – Ashok K. Jain

 

9.     Administrative Law - Prof. U.P.D. Kesari & Dr. Aditya Kesari

 

10.  Administrative Law – Dr. Kailash Rai

 

11.  Upendra Baxi, Developments in Indian Administrative Law, Public Law in India, 1982.

 

12.  A.V. Dicey, Introduction to the Study of the law of the Constitution, London, 1931.

 

13.  V.N. Shukla, Constitution of India, 2008.

M.P. Jain, Indian Constitutional Law, Lexis Nexis, 2018.

Essential Reading / Recommended Reading

 

1.     Jain M. P., and S. N. Jain, Principles of Administrative Law. Nagpur: Lexis Nexis, India, 2010.

 

2.     Jain, M. P. Cases and Materials on Indian Administrative Law. Nagpur: Lexis Nexis, India.

 

3.     Basu, Durga Das. Administrative Law.

 

4.     Sathe, S. P. Administrative Law. LexisNexis, India, 2004 (2010).

 

5.     Massey, I. P. Administrative Law. Lucknow: Eastern Book Co., 2008.

 

6.     Takwani, C. K. Administrative Law. Lucknow: Eastern Book Co., 1980.

 

7.     Wade, H. R. W. Administrative Law. New York: Oxford University Press, 2000.

 

8.     Administrative Law - Leading Cases Materials & Q.A. – Ashok K. Jain

 

9.     Administrative Law - Prof. U.P.D. Kesari & Dr. Aditya Kesari

 

10.  Administrative Law – Dr. Kailash Rai

 

11.  Upendra Baxi, Developments in Indian Administrative Law, Public Law in India, 1982.

 

12.  A.V. Dicey, Introduction to the Study of the law of the Constitution, London, 1931.

 

13.  V.N. Shukla, Constitution of India, 2008.

M.P. Jain, Indian Constitutional Law, Lexis Nexis, 2018.

Evaluation Pattern

Assessment outline:

 

CIA I

CIA II

CIA III

ESE

Attendance

 

20 marks

50 marks

20 marks

100 marks

 

10%

25%

10%

50%

5%

 

 

 

LAW555 - PROPERTY LAW (2022 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

The focus of this course in on the study of the concept of ‘Property’, the ‘nature of property rights’ and the general principles governing the transfer of property. A detailed study of the substantive law relating to particular transfers, such as sale, mortgage, lease, exchange, gift and actionable claims will also be undertaken. The course is designed to enable the readers to understand the basic philosophy of property law and its nuances. It introduces them to the modes of transfer and their ramifications.

Learning Outcome

CO1: Identify and describe the scope and ambit of the property laws in India.

CO2: To trace out and understand the theoretical foundation related to property

CO3: To analyse and understand the interpretation clauses along with the principles involved in the subject.

CO4: To analyse and understand the interpretation clauses along with the principles involved in the subject.

CO5: Analyze the relevant case laws pertaining to the concepts discussed.

Unit-1
Teaching Hours:4
INTRODUCTION TO PROPERTY LAW
 

Objectives of TP Act, Interpretation clause, Relation to Contract and Registration Act

Unit-1
Teaching Hours:4
INTRODUCTION TO PROPERTY LAW
 

Objectives of TP Act, Interpretation clause, Relation to Contract and Registration Act

Unit-1
Teaching Hours:4
INTRODUCTION TO PROPERTY LAW
 

Objectives of TP Act, Interpretation clause, Relation to Contract and Registration Act

Unit-1
Teaching Hours:4
INTRODUCTION TO PROPERTY LAW
 

Objectives of TP Act, Interpretation clause, Relation to Contract and Registration Act

Unit-2
Teaching Hours:24
TRANSFER OF PROPERTY BY ACT OF PARTIES
 

Definition of Transfer of property, Subject matter and Persons competent to transfer, Operation of transfer, Vested and Contingent Interest, Conditions restraining alienation, Transfer for Benefit of Unborn, Rule against Perpetuity, Transfer for the benefit of public in perpetuity, Conditional transfers. Necessity of Election, Apportionment of Periodical Payments, Apportionment of benefit of obligation. Transfer by authorised person, Transfer for maintenance, Restriction on land use, Transfer by ostensible owner, Transfer by unauthorized persons and co-owners, Transfer of property pending suit, Rule of feeding the grant by estoppel, Fraudulent transfer, Part performance.

Unit-2
Teaching Hours:24
TRANSFER OF PROPERTY BY ACT OF PARTIES
 

Definition of Transfer of property, Subject matter and Persons competent to transfer, Operation of transfer, Vested and Contingent Interest, Conditions restraining alienation, Transfer for Benefit of Unborn, Rule against Perpetuity, Transfer for the benefit of public in perpetuity, Conditional transfers. Necessity of Election, Apportionment of Periodical Payments, Apportionment of benefit of obligation. Transfer by authorised person, Transfer for maintenance, Restriction on land use, Transfer by ostensible owner, Transfer by unauthorized persons and co-owners, Transfer of property pending suit, Rule of feeding the grant by estoppel, Fraudulent transfer, Part performance.

Unit-2
Teaching Hours:24
TRANSFER OF PROPERTY BY ACT OF PARTIES
 

Definition of Transfer of property, Subject matter and Persons competent to transfer, Operation of transfer, Vested and Contingent Interest, Conditions restraining alienation, Transfer for Benefit of Unborn, Rule against Perpetuity, Transfer for the benefit of public in perpetuity, Conditional transfers. Necessity of Election, Apportionment of Periodical Payments, Apportionment of benefit of obligation. Transfer by authorised person, Transfer for maintenance, Restriction on land use, Transfer by ostensible owner, Transfer by unauthorized persons and co-owners, Transfer of property pending suit, Rule of feeding the grant by estoppel, Fraudulent transfer, Part performance.

Unit-2
Teaching Hours:24
TRANSFER OF PROPERTY BY ACT OF PARTIES
 

Definition of Transfer of property, Subject matter and Persons competent to transfer, Operation of transfer, Vested and Contingent Interest, Conditions restraining alienation, Transfer for Benefit of Unborn, Rule against Perpetuity, Transfer for the benefit of public in perpetuity, Conditional transfers. Necessity of Election, Apportionment of Periodical Payments, Apportionment of benefit of obligation. Transfer by authorised person, Transfer for maintenance, Restriction on land use, Transfer by ostensible owner, Transfer by unauthorized persons and co-owners, Transfer of property pending suit, Rule of feeding the grant by estoppel, Fraudulent transfer, Part performance.

Unit-3
Teaching Hours:20
MODES OF TRANSFER OF IMMOVABLE PROPERTY
 

Sale, Essential features, Mode of Sale, Rights and liabilities of parties, Definition of mortgage, mortgagor, mortgagee, Kinds of Mortgages, Rights and liabilities of mortgagor and mortgagee, Mortgage assurance, Right of mortgagor to redeem, Marshalling and Contribution, Charge. Lease, Essential features, Kinds of leases, Rights and liabilities of lesser and lessee, Termination of lease, forfeiture, Distinction between Lease and Licence. Definition and Essentials of Gift, Different types of gifts, Registration of Gifts, Donatio mortis causa, Universal Gifts, Onerous Gifts. Transfer of actionable claims

Unit-3
Teaching Hours:20
MODES OF TRANSFER OF IMMOVABLE PROPERTY
 

Sale, Essential features, Mode of Sale, Rights and liabilities of parties, Definition of mortgage, mortgagor, mortgagee, Kinds of Mortgages, Rights and liabilities of mortgagor and mortgagee, Mortgage assurance, Right of mortgagor to redeem, Marshalling and Contribution, Charge. Lease, Essential features, Kinds of leases, Rights and liabilities of lesser and lessee, Termination of lease, forfeiture, Distinction between Lease and Licence. Definition and Essentials of Gift, Different types of gifts, Registration of Gifts, Donatio mortis causa, Universal Gifts, Onerous Gifts. Transfer of actionable claims

Unit-3
Teaching Hours:20
MODES OF TRANSFER OF IMMOVABLE PROPERTY
 

Sale, Essential features, Mode of Sale, Rights and liabilities of parties, Definition of mortgage, mortgagor, mortgagee, Kinds of Mortgages, Rights and liabilities of mortgagor and mortgagee, Mortgage assurance, Right of mortgagor to redeem, Marshalling and Contribution, Charge. Lease, Essential features, Kinds of leases, Rights and liabilities of lesser and lessee, Termination of lease, forfeiture, Distinction between Lease and Licence. Definition and Essentials of Gift, Different types of gifts, Registration of Gifts, Donatio mortis causa, Universal Gifts, Onerous Gifts. Transfer of actionable claims

Unit-3
Teaching Hours:20
MODES OF TRANSFER OF IMMOVABLE PROPERTY
 

Sale, Essential features, Mode of Sale, Rights and liabilities of parties, Definition of mortgage, mortgagor, mortgagee, Kinds of Mortgages, Rights and liabilities of mortgagor and mortgagee, Mortgage assurance, Right of mortgagor to redeem, Marshalling and Contribution, Charge. Lease, Essential features, Kinds of leases, Rights and liabilities of lesser and lessee, Termination of lease, forfeiture, Distinction between Lease and Licence. Definition and Essentials of Gift, Different types of gifts, Registration of Gifts, Donatio mortis causa, Universal Gifts, Onerous Gifts. Transfer of actionable claims

Unit-4
Teaching Hours:2
REGISTRATION OF PROPERTY
 

The Registration Act, The Indian Stamp Act

Unit-4
Teaching Hours:2
REGISTRATION OF PROPERTY
 

The Registration Act, The Indian Stamp Act

Unit-4
Teaching Hours:2
REGISTRATION OF PROPERTY
 

The Registration Act, The Indian Stamp Act

Unit-4
Teaching Hours:2
REGISTRATION OF PROPERTY
 

The Registration Act, The Indian Stamp Act

Unit-5
Teaching Hours:10
INDIAN EASEMENT ACT
 

Easement, meaning, essentials, Dominant and Servient heritage, Modes of Acquisition of Easement, Imposition of Easements, Extinction of Easements, Kinds of Easements, Suspension of Easements.

Unit-5
Teaching Hours:10
INDIAN EASEMENT ACT
 

Easement, meaning, essentials, Dominant and Servient heritage, Modes of Acquisition of Easement, Imposition of Easements, Extinction of Easements, Kinds of Easements, Suspension of Easements.

Unit-5
Teaching Hours:10
INDIAN EASEMENT ACT
 

Easement, meaning, essentials, Dominant and Servient heritage, Modes of Acquisition of Easement, Imposition of Easements, Extinction of Easements, Kinds of Easements, Suspension of Easements.

Unit-5
Teaching Hours:10
INDIAN EASEMENT ACT
 

Easement, meaning, essentials, Dominant and Servient heritage, Modes of Acquisition of Easement, Imposition of Easements, Extinction of Easements, Kinds of Easements, Suspension of Easements.

Text Books And Reference Books:

1.      Rosedar S R A , Property Laws Transfer of Property & Easements, 2014 

2.      Subbarao, G. C.V. Law of Transfer of Property (Easement, Trust and Wills) 2 Vols. Lucknow: Eastern Book Co., 2002.

3.      Tripathi, G. P. Transfer of Property Act, 15th ed. Allahabad: Central Law Publications, 2006.

4.      Shukla, S. N. Transfer of Property Act. Faridabad: Allahabad Law Agency, 2005.

5.      Gour, Hari Singh. Commentary on Transfer of Property Act, 1882, 12th ed. Delhi: Delhi Law House, 2010.

Essential Reading / Recommended Reading

1.      Rosedar S R A , Property Laws Transfer of Property & Easements, 2014 

2.      Subbarao, G. C.V. Law of Transfer of Property (Easement, Trust and Wills) 2 Vols. Lucknow: Eastern Book Co., 2002.

3.      Tripathi, G. P. Transfer of Property Act, 15th ed. Allahabad: Central Law Publications, 2006.

4.      Shukla, S. N. Transfer of Property Act. Faridabad: Allahabad Law Agency, 2005.

5.      Gour, Hari Singh. Commentary on Transfer of Property Act, 1882, 12th ed. Delhi: Delhi Law House, 2010.

Evaluation Pattern

CIA I – Class Test / Assignment / Presentation – 10%

 

 CIA II – Mid Semester Examination – 25%

 

 CIA III – Research Topic – 10%

 

 Attendance – 05%

 

 End Semester Examination – 50%

 

TOTAL 100%

LAW566 - LEGAL RESEARCH AND WRITING (2022 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

Research Methodology course intends to create and enhance legal research skills

among students. Students would be able to appreciate the nuances of legal research

and the difficulty in having a scientific approach to legal research through the

discussions outlined in Unit I of the syllabus with the basics of legal research. Unit II

deals with the Research problem and Research design. Unit III deals with Research

Methods. Unit IV deals with Research ethics and Report Writing.

The main objective of this course is

● To acquaint the law student with the scientific method of social science

research.

● To provide knowledge of the selection, collection, and

interpretation technique of primary and secondary data in socio-legal research.

● Emphasis will be placed on practical training in writing a research paper

through this course.

Learning Outcome

CO1: Survey Literature to identify gaps in knowledge.

CO2: Review literature and write a systematic literature review.

CO3: Formulate the research problem and identify research questions.

CO4: Evaluate and apply the most appropriate research method and draft a suitable research design for the study.

CO5: Employ sound, logical legal reasoning in constructing arguments and drawing conclusions

CO6: Evince ethical practices

Unit-1
Teaching Hours:12
Unit I: Critical Thinking and Reading
 

1. Critical thinking

a. Locating assumptions in texts and arguments

b. Questioning assumptions

c. Evaluating evidence and assumptions

2. Critical reading

a. Understanding arguments, images as arguments

b. Reading judgements of given cases, reading research articles, reading

Law Commission reports,

c. Identification of claim statement, arguments, counterarguments, warrant and the theoretical background in research papers, questioning

validity of issues raised, arguments made and inferences drawn.

d. Reason vs. Rationalization

Unit-1
Teaching Hours:12
Unit I: Critical Thinking and Reading
 

1. Critical thinking

a. Locating assumptions in texts and arguments

b. Questioning assumptions

c. Evaluating evidence and assumptions

2. Critical reading

a. Understanding arguments, images as arguments

b. Reading judgements of given cases, reading research articles, reading

Law Commission reports,

c. Identification of claim statement, arguments, counterarguments, warrant and the theoretical background in research papers, questioning

validity of issues raised, arguments made and inferences drawn.

d. Reason vs. Rationalization

Unit-1
Teaching Hours:12
Unit I: Critical Thinking and Reading
 

1. Critical thinking

a. Locating assumptions in texts and arguments

b. Questioning assumptions

c. Evaluating evidence and assumptions

2. Critical reading

a. Understanding arguments, images as arguments

b. Reading judgements of given cases, reading research articles, reading

Law Commission reports,

c. Identification of claim statement, arguments, counterarguments, warrant and the theoretical background in research papers, questioning

validity of issues raised, arguments made and inferences drawn.

d. Reason vs. Rationalization

Unit-1
Teaching Hours:12
Unit I: Critical Thinking and Reading
 

1. Critical thinking

a. Locating assumptions in texts and arguments

b. Questioning assumptions

c. Evaluating evidence and assumptions

2. Critical reading

a. Understanding arguments, images as arguments

b. Reading judgements of given cases, reading research articles, reading

Law Commission reports,

c. Identification of claim statement, arguments, counterarguments, warrant and the theoretical background in research papers, questioning

validity of issues raised, arguments made and inferences drawn.

d. Reason vs. Rationalization

Unit-1
Teaching Hours:12
Unit I: Critical Thinking and Reading
 

1. Critical thinking

a. Locating assumptions in texts and arguments

b. Questioning assumptions

c. Evaluating evidence and assumptions

2. Critical reading

a. Understanding arguments, images as arguments

b. Reading judgements of given cases, reading research articles, reading

Law Commission reports,

c. Identification of claim statement, arguments, counterarguments, warrant and the theoretical background in research papers, questioning

validity of issues raised, arguments made and inferences drawn.

d. Reason vs. Rationalization

Unit-1
Teaching Hours:12
Unit I: Critical Thinking and Reading
 

1. Critical thinking

a. Locating assumptions in texts and arguments

b. Questioning assumptions

c. Evaluating evidence and assumptions

2. Critical reading

a. Understanding arguments, images as arguments

b. Reading judgements of given cases, reading research articles, reading

Law Commission reports,

c. Identification of claim statement, arguments, counterarguments, warrant and the theoretical background in research papers, questioning

validity of issues raised, arguments made and inferences drawn.

d. Reason vs. Rationalization

Unit-2
Teaching Hours:12
Unit II: Basics of Legal Research
 

1. Origins of research

2. Objectives of legal research

3. Scientific method – characteristics and applicability

4. Kinds of Research

5. Concepts and constructs

6. Relationship between theory and fact

Unit-2
Teaching Hours:12
Unit II: Basics of Legal Research
 

1. Origins of research

2. Objectives of legal research

3. Scientific method – characteristics and applicability

4. Kinds of Research

5. Concepts and constructs

6. Relationship between theory and fact

Unit-2
Teaching Hours:12
Unit II: Basics of Legal Research
 

1. Origins of research

2. Objectives of legal research

3. Scientific method – characteristics and applicability

4. Kinds of Research

5. Concepts and constructs

6. Relationship between theory and fact

Unit-2
Teaching Hours:12
Unit II: Basics of Legal Research
 

1. Origins of research

2. Objectives of legal research

3. Scientific method – characteristics and applicability

4. Kinds of Research

5. Concepts and constructs

6. Relationship between theory and fact

Unit-2
Teaching Hours:12
Unit II: Basics of Legal Research
 

1. Origins of research

2. Objectives of legal research

3. Scientific method – characteristics and applicability

4. Kinds of Research

5. Concepts and constructs

6. Relationship between theory and fact

Unit-2
Teaching Hours:12
Unit II: Basics of Legal Research
 

1. Origins of research

2. Objectives of legal research

3. Scientific method – characteristics and applicability

4. Kinds of Research

5. Concepts and constructs

6. Relationship between theory and fact

Unit-3
Teaching Hours:12
Unit III: Stages of Research Process
 

1. Formulating Research Problem

2. Observation, news, socio-legal issues, contemporary developments

3. Asking the right questions

4. Review of literature

5. Types of research

a. Descriptive,

b. Analytical,

c. Diagnostic and

d. Historical

6. The distinction between Research Methods and Methodology,

7. The distinction between Basic and Applied Research, Qualitative and

Quantitative research

8. Formulating research questions

9. Inductive and deductive legal reasoning

10. Research Design, Sampling techniques, Sources of Data, Data Analysis and

interpretation

Unit-3
Teaching Hours:12
Unit III: Stages of Research Process
 

1. Formulating Research Problem

2. Observation, news, socio-legal issues, contemporary developments

3. Asking the right questions

4. Review of literature

5. Types of research

a. Descriptive,

b. Analytical,

c. Diagnostic and

d. Historical

6. The distinction between Research Methods and Methodology,

7. The distinction between Basic and Applied Research, Qualitative and

Quantitative research

8. Formulating research questions

9. Inductive and deductive legal reasoning

10. Research Design, Sampling techniques, Sources of Data, Data Analysis and

interpretation

Unit-3
Teaching Hours:12
Unit III: Stages of Research Process
 

1. Formulating Research Problem

2. Observation, news, socio-legal issues, contemporary developments

3. Asking the right questions

4. Review of literature

5. Types of research

a. Descriptive,

b. Analytical,

c. Diagnostic and

d. Historical

6. The distinction between Research Methods and Methodology,

7. The distinction between Basic and Applied Research, Qualitative and

Quantitative research

8. Formulating research questions

9. Inductive and deductive legal reasoning

10. Research Design, Sampling techniques, Sources of Data, Data Analysis and

interpretation

Unit-3
Teaching Hours:12
Unit III: Stages of Research Process
 

1. Formulating Research Problem

2. Observation, news, socio-legal issues, contemporary developments

3. Asking the right questions

4. Review of literature

5. Types of research

a. Descriptive,

b. Analytical,

c. Diagnostic and

d. Historical

6. The distinction between Research Methods and Methodology,

7. The distinction between Basic and Applied Research, Qualitative and

Quantitative research

8. Formulating research questions

9. Inductive and deductive legal reasoning

10. Research Design, Sampling techniques, Sources of Data, Data Analysis and

interpretation

Unit-3
Teaching Hours:12
Unit III: Stages of Research Process
 

1. Formulating Research Problem

2. Observation, news, socio-legal issues, contemporary developments

3. Asking the right questions

4. Review of literature

5. Types of research

a. Descriptive,

b. Analytical,

c. Diagnostic and

d. Historical

6. The distinction between Research Methods and Methodology,

7. The distinction between Basic and Applied Research, Qualitative and

Quantitative research

8. Formulating research questions

9. Inductive and deductive legal reasoning

10. Research Design, Sampling techniques, Sources of Data, Data Analysis and

interpretation

Unit-3
Teaching Hours:12
Unit III: Stages of Research Process
 

1. Formulating Research Problem

2. Observation, news, socio-legal issues, contemporary developments

3. Asking the right questions

4. Review of literature

5. Types of research

a. Descriptive,

b. Analytical,

c. Diagnostic and

d. Historical

6. The distinction between Research Methods and Methodology,

7. The distinction between Basic and Applied Research, Qualitative and

Quantitative research

8. Formulating research questions

9. Inductive and deductive legal reasoning

10. Research Design, Sampling techniques, Sources of Data, Data Analysis and

interpretation

Unit-4
Teaching Hours:12
Unit IV: Report writing
 

1. Persuasion, arguments, disputes, analysis

2. Non-rational appeals, emotional appeals, fallacies

3. Toulmin method

4. Academic Writing

a. Rhetoric

b. Intended audience, audience as a collaborator,

c. Opening paragraphs, tone of writing, overall organization and

presentation, establishing the conclusion

5. Writing Abstract

6. Citation styles

Unit-4
Teaching Hours:12
Unit IV: Report writing
 

1. Persuasion, arguments, disputes, analysis

2. Non-rational appeals, emotional appeals, fallacies

3. Toulmin method

4. Academic Writing

a. Rhetoric

b. Intended audience, audience as a collaborator,

c. Opening paragraphs, tone of writing, overall organization and

presentation, establishing the conclusion

5. Writing Abstract

6. Citation styles

Unit-4
Teaching Hours:12
Unit IV: Report writing
 

1. Persuasion, arguments, disputes, analysis

2. Non-rational appeals, emotional appeals, fallacies

3. Toulmin method

4. Academic Writing

a. Rhetoric

b. Intended audience, audience as a collaborator,

c. Opening paragraphs, tone of writing, overall organization and

presentation, establishing the conclusion

5. Writing Abstract

6. Citation styles

Unit-4
Teaching Hours:12
Unit IV: Report writing
 

1. Persuasion, arguments, disputes, analysis

2. Non-rational appeals, emotional appeals, fallacies

3. Toulmin method

4. Academic Writing

a. Rhetoric

b. Intended audience, audience as a collaborator,

c. Opening paragraphs, tone of writing, overall organization and

presentation, establishing the conclusion

5. Writing Abstract

6. Citation styles

Unit-4
Teaching Hours:12
Unit IV: Report writing
 

1. Persuasion, arguments, disputes, analysis

2. Non-rational appeals, emotional appeals, fallacies

3. Toulmin method

4. Academic Writing

a. Rhetoric

b. Intended audience, audience as a collaborator,

c. Opening paragraphs, tone of writing, overall organization and

presentation, establishing the conclusion

5. Writing Abstract

6. Citation styles

Unit-4
Teaching Hours:12
Unit IV: Report writing
 

1. Persuasion, arguments, disputes, analysis

2. Non-rational appeals, emotional appeals, fallacies

3. Toulmin method

4. Academic Writing

a. Rhetoric

b. Intended audience, audience as a collaborator,

c. Opening paragraphs, tone of writing, overall organization and

presentation, establishing the conclusion

5. Writing Abstract

6. Citation styles

Unit-5
Teaching Hours:12
Unit V: Research Ethics
 

1. Ethics and integrity in research – Respect, Beneficence, Justice

2. Plagiarism, self-plagiarism

3. Questionable Research Practices - Harking- P-hacking- Cherry picking-

Data snooping

Unit-5
Teaching Hours:12
Unit V: Research Ethics
 

1. Ethics and integrity in research – Respect, Beneficence, Justice

2. Plagiarism, self-plagiarism

3. Questionable Research Practices - Harking- P-hacking- Cherry picking-

Data snooping

Unit-5
Teaching Hours:12
Unit V: Research Ethics
 

1. Ethics and integrity in research – Respect, Beneficence, Justice

2. Plagiarism, self-plagiarism

3. Questionable Research Practices - Harking- P-hacking- Cherry picking-

Data snooping

Unit-5
Teaching Hours:12
Unit V: Research Ethics
 

1. Ethics and integrity in research – Respect, Beneficence, Justice

2. Plagiarism, self-plagiarism

3. Questionable Research Practices - Harking- P-hacking- Cherry picking-

Data snooping

Unit-5
Teaching Hours:12
Unit V: Research Ethics
 

1. Ethics and integrity in research – Respect, Beneficence, Justice

2. Plagiarism, self-plagiarism

3. Questionable Research Practices - Harking- P-hacking- Cherry picking-

Data snooping

Unit-5
Teaching Hours:12
Unit V: Research Ethics
 

1. Ethics and integrity in research – Respect, Beneficence, Justice

2. Plagiarism, self-plagiarism

3. Questionable Research Practices - Harking- P-hacking- Cherry picking-

Data snooping

Text Books And Reference Books:

1. Whitney, F.L, The Elements of Research

2. Goode. William J And Hatt. Faul, H, Methods In Social Research

3. I.L.I Legal Research and Methodology

4. Verma S K, Legal Research & Methodology

5. Verma, S.K & Afzal Wani, M, Legal Research and Methods

Essential Reading / Recommended Reading

1. Amy E Sloan, Basic Method Research – Tools and Materials

2. Pauline V.Young, Scientific Social Survey and Research

3. Morris L. Cohan, Legal Research in Nutshell

4. Harvard Law Review Association, Uniform System of Citations

5. Ranjit Kumar, Research Methodology: A Step By-Self Guide for Beginners

6. Krishna Swami, Methodology of Research in Social Sciences

7. Dr. Tewari H N, Legal Research Methodology

8. Joseph Gibaldi, MLA Handbook for Writers of Research Papers

9. Myneni S R, Legal Research Methodology

10. Anwarul Yagin, Legal Research & Writing Methods

11. Robert Watt, Concise Legal Research

Evaluation Pattern

1. Assignment – submission of Literature Review

- 20%

2. Written test/ Viva - Statement of problem,

research questions, research methodology -

20%

3. Submission of research paper/ Weekly Diary/

Coursera certificate - 15%

4. Attendance - 5%

5. Publication of Research paper in a reputed

journal/viva - 30%

6. Viva - 10%

LAW651 - LAW OF CRIMES II (2022 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

Course Description: The Bharatiya Nagarik Suraksha Sanhita 2023 is relevant and vibrant when the same is interpreted in the background of the preamble of our Constitution, which incorporates the vision of justice. The decisions of our courts interpreting the constitutional vision have the potential to become vehicle for the  changes. The course is devised to deal with the basic procedural aspects with regard to criminal law in action. Indeed, understanding of the same is a must for any aspiring litigation lawyer, and so it is aimed at satisfying this requirement. A thorough knowledge of The Bharatiya Nagarik Suraksha Sanhita 2023 is indispensable for effective implementation of criminal law.

  • ·      To enable the students to understand the fundamental principles of Criminal Law.
  • ·      To facilitate the students to understand the interpretation of various procedural laws such as Indian Penal      Code, Indian Evidence Act, Code of Criminal Procedure  and its application in relevant context.
  • ·      To analyse  the interrelation between Indian Penal Code, Indian Evidence Act, Code of Criminal             Procedure and the Constitution of India.
  • ·      To analyse of the procedure for administration and enforcement of substantive criminal law.
  • ·      To appreciate the procedure of investigation, inquiry and trials in criminal law.

 


                      

 

 

Learning Outcome

CO1: Students will be able to identify the scope, extend and object of the Bharatiya Nagarik Suraksha Sanhita 2023.

CO2: Students will be able to analyze the procedure practiced in criminal trial.

CO3: Students will be able to demonstrate the advocacy skills in criminal trial.

CO4: Students will be able to choose the appropriate remedy for violation of substantive law.

CO5: Students will be able to explain the procedure of conducting investigation, inquiry and criminal trial.

Unit-1
Teaching Hours:4
INTRODUCTION & FUNCTIONARIES UNDER THE CODE
 

Learning Outcome: Through this unit the students are introduced to some preliminary considerations such as the applicability, functionaries under the code etc.

Object of the Code; Applicability, Territorial Divisions and Classification of Offenses. Functionaries under the Code: (Police, Prosecutors, Defense Counsel, Courts). (S. 1-2, 6-9, 24-29 Cr. PC)

Unit-1
Teaching Hours:4
INTRODUCTION & FUNCTIONARIES UNDER THE CODE
 

Learning Outcome: Through this unit the students are introduced to some preliminary considerations such as the applicability, functionaries under the code etc.

Object of the Code; Applicability, Territorial Divisions and Classification of Offenses. Functionaries under the Code: (Police, Prosecutors, Defense Counsel, Courts). (S. 1-2, 6-9, 24-29 Cr. PC)

Unit-1
Teaching Hours:4
INTRODUCTION & FUNCTIONARIES UNDER THE CODE
 

Learning Outcome: Through this unit the students are introduced to some preliminary considerations such as the applicability, functionaries under the code etc.

Object of the Code; Applicability, Territorial Divisions and Classification of Offenses. Functionaries under the Code: (Police, Prosecutors, Defense Counsel, Courts). (S. 1-2, 6-9, 24-29 Cr. PC)

Unit-1
Teaching Hours:4
INTRODUCTION & FUNCTIONARIES UNDER THE CODE
 

Learning Outcome: Through this unit the students are introduced to some preliminary considerations such as the applicability, functionaries under the code etc.

Object of the Code; Applicability, Territorial Divisions and Classification of Offenses. Functionaries under the Code: (Police, Prosecutors, Defense Counsel, Courts). (S. 1-2, 6-9, 24-29 Cr. PC)

Unit-1
Teaching Hours:4
INTRODUCTION & FUNCTIONARIES UNDER THE CODE
 

Learning Outcome: Through this unit the students are introduced to some preliminary considerations such as the applicability, functionaries under the code etc.

Object of the Code; Applicability, Territorial Divisions and Classification of Offenses. Functionaries under the Code: (Police, Prosecutors, Defense Counsel, Courts). (S. 1-2, 6-9, 24-29 Cr. PC)

Unit-1
Teaching Hours:4
INTRODUCTION & FUNCTIONARIES UNDER THE CODE
 

Learning Outcome: Through this unit the students are introduced to some preliminary considerations such as the applicability, functionaries under the code etc.

Object of the Code; Applicability, Territorial Divisions and Classification of Offenses. Functionaries under the Code: (Police, Prosecutors, Defense Counsel, Courts). (S. 1-2, 6-9, 24-29 Cr. PC)

Unit-1
Teaching Hours:4
INTRODUCTION & FUNCTIONARIES UNDER THE CODE
 

Learning Outcome: Through this unit the students are introduced to some preliminary considerations such as the applicability, functionaries under the code etc.

Object of the Code; Applicability, Territorial Divisions and Classification of Offenses. Functionaries under the Code: (Police, Prosecutors, Defense Counsel, Courts). (S. 1-2, 6-9, 24-29 Cr. PC)

Unit-1
Teaching Hours:4
INTRODUCTION & FUNCTIONARIES UNDER THE CODE
 

Learning Outcome: Through this unit the students are introduced to some preliminary considerations such as the applicability, functionaries under the code etc.

Object of the Code; Applicability, Territorial Divisions and Classification of Offenses. Functionaries under the Code: (Police, Prosecutors, Defense Counsel, Courts). (S. 1-2, 6-9, 24-29 Cr. PC)

Unit-1
Teaching Hours:4
INTRODUCTION & FUNCTIONARIES UNDER THE CODE
 

Learning Outcome: Through this unit the students are introduced to some preliminary considerations such as the applicability, functionaries under the code etc.

Object of the Code; Applicability, Territorial Divisions and Classification of Offenses. Functionaries under the Code: (Police, Prosecutors, Defense Counsel, Courts). (S. 1-2, 6-9, 24-29 Cr. PC)

Unit-2
Teaching Hours:6
ARREST, SEARCH & SEIZURE.
 

Learning Outcome: At the conclusion of this unit the students will have  clear understanding of various types of arrest, search and seizure under the Cr.PC.

Meaning and Purpose; Arrest with / without Warrant. Arrest how made; After arrest procedures; Rights of Arrested Persons, Consequences of non-compliance with provisions of arrest. Search & seizure with/without warrant & consequences thereof. (S. 41-60A, Cr. PC).

Unit-2
Teaching Hours:6
ARREST, SEARCH & SEIZURE.
 

Learning Outcome: At the conclusion of this unit the students will have  clear understanding of various types of arrest, search and seizure under the Cr.PC.

Meaning and Purpose; Arrest with / without Warrant. Arrest how made; After arrest procedures; Rights of Arrested Persons, Consequences of non-compliance with provisions of arrest. Search & seizure with/without warrant & consequences thereof. (S. 41-60A, Cr. PC).

Unit-2
Teaching Hours:6
ARREST, SEARCH & SEIZURE.
 

Learning Outcome: At the conclusion of this unit the students will have  clear understanding of various types of arrest, search and seizure under the Cr.PC.

Meaning and Purpose; Arrest with / without Warrant. Arrest how made; After arrest procedures; Rights of Arrested Persons, Consequences of non-compliance with provisions of arrest. Search & seizure with/without warrant & consequences thereof. (S. 41-60A, Cr. PC).

Unit-2
Teaching Hours:6
ARREST, SEARCH & SEIZURE.
 

Learning Outcome: At the conclusion of this unit the students will have  clear understanding of various types of arrest, search and seizure under the Cr.PC.

Meaning and Purpose; Arrest with / without Warrant. Arrest how made; After arrest procedures; Rights of Arrested Persons, Consequences of non-compliance with provisions of arrest. Search & seizure with/without warrant & consequences thereof. (S. 41-60A, Cr. PC).

Unit-2
Teaching Hours:6
ARREST, SEARCH & SEIZURE.
 

Learning Outcome: At the conclusion of this unit the students will have  clear understanding of various types of arrest, search and seizure under the Cr.PC.

Meaning and Purpose; Arrest with / without Warrant. Arrest how made; After arrest procedures; Rights of Arrested Persons, Consequences of non-compliance with provisions of arrest. Search & seizure with/without warrant & consequences thereof. (S. 41-60A, Cr. PC).

Unit-2
Teaching Hours:6
ARREST, SEARCH & SEIZURE.
 

Learning Outcome: At the conclusion of this unit the students will have  clear understanding of various types of arrest, search and seizure under the Cr.PC.

Meaning and Purpose; Arrest with / without Warrant. Arrest how made; After arrest procedures; Rights of Arrested Persons, Consequences of non-compliance with provisions of arrest. Search & seizure with/without warrant & consequences thereof. (S. 41-60A, Cr. PC).

Unit-2
Teaching Hours:6
ARREST, SEARCH & SEIZURE.
 

Learning Outcome: At the conclusion of this unit the students will have  clear understanding of various types of arrest, search and seizure under the Cr.PC.

Meaning and Purpose; Arrest with / without Warrant. Arrest how made; After arrest procedures; Rights of Arrested Persons, Consequences of non-compliance with provisions of arrest. Search & seizure with/without warrant & consequences thereof. (S. 41-60A, Cr. PC).

Unit-2
Teaching Hours:6
ARREST, SEARCH & SEIZURE.
 

Learning Outcome: At the conclusion of this unit the students will have  clear understanding of various types of arrest, search and seizure under the Cr.PC.

Meaning and Purpose; Arrest with / without Warrant. Arrest how made; After arrest procedures; Rights of Arrested Persons, Consequences of non-compliance with provisions of arrest. Search & seizure with/without warrant & consequences thereof. (S. 41-60A, Cr. PC).

Unit-2
Teaching Hours:6
ARREST, SEARCH & SEIZURE.
 

Learning Outcome: At the conclusion of this unit the students will have  clear understanding of various types of arrest, search and seizure under the Cr.PC.

Meaning and Purpose; Arrest with / without Warrant. Arrest how made; After arrest procedures; Rights of Arrested Persons, Consequences of non-compliance with provisions of arrest. Search & seizure with/without warrant & consequences thereof. (S. 41-60A, Cr. PC).

Unit-3
Teaching Hours:8
INVESTIGATION.
 

Learning Outcome: Through this unit students come to know the various aspects of investigation.

Meaning & purpose; When to investigate, Information to the police, FIR, Procedure after recording the FIR, Power to require attendance of witnesses, Power to interrogate witnesses & to record their statements, Evidentiary value of statements made to police, Power of Judicial Magistrate to record confessions/ statements, Case Diary, Procedure to follow on completion of investigation, Investigations & inquiries into cause of unnatural deaths, suicides, of death in police custody etc. (S. 154- 176, Cr. PC.)

Unit-3
Teaching Hours:8
INVESTIGATION.
 

Learning Outcome: Through this unit students come to know the various aspects of investigation.

Meaning & purpose; When to investigate, Information to the police, FIR, Procedure after recording the FIR, Power to require attendance of witnesses, Power to interrogate witnesses & to record their statements, Evidentiary value of statements made to police, Power of Judicial Magistrate to record confessions/ statements, Case Diary, Procedure to follow on completion of investigation, Investigations & inquiries into cause of unnatural deaths, suicides, of death in police custody etc. (S. 154- 176, Cr. PC.)

Unit-3
Teaching Hours:8
INVESTIGATION.
 

Learning Outcome: Through this unit students come to know the various aspects of investigation.

Meaning & purpose; When to investigate, Information to the police, FIR, Procedure after recording the FIR, Power to require attendance of witnesses, Power to interrogate witnesses & to record their statements, Evidentiary value of statements made to police, Power of Judicial Magistrate to record confessions/ statements, Case Diary, Procedure to follow on completion of investigation, Investigations & inquiries into cause of unnatural deaths, suicides, of death in police custody etc. (S. 154- 176, Cr. PC.)

Unit-3
Teaching Hours:8
INVESTIGATION.
 

Learning Outcome: Through this unit students come to know the various aspects of investigation.

Meaning & purpose; When to investigate, Information to the police, FIR, Procedure after recording the FIR, Power to require attendance of witnesses, Power to interrogate witnesses & to record their statements, Evidentiary value of statements made to police, Power of Judicial Magistrate to record confessions/ statements, Case Diary, Procedure to follow on completion of investigation, Investigations & inquiries into cause of unnatural deaths, suicides, of death in police custody etc. (S. 154- 176, Cr. PC.)

Unit-3
Teaching Hours:8
INVESTIGATION.
 

Learning Outcome: Through this unit students come to know the various aspects of investigation.

Meaning & purpose; When to investigate, Information to the police, FIR, Procedure after recording the FIR, Power to require attendance of witnesses, Power to interrogate witnesses & to record their statements, Evidentiary value of statements made to police, Power of Judicial Magistrate to record confessions/ statements, Case Diary, Procedure to follow on completion of investigation, Investigations & inquiries into cause of unnatural deaths, suicides, of death in police custody etc. (S. 154- 176, Cr. PC.)

Unit-3
Teaching Hours:8
INVESTIGATION.
 

Learning Outcome: Through this unit students come to know the various aspects of investigation.

Meaning & purpose; When to investigate, Information to the police, FIR, Procedure after recording the FIR, Power to require attendance of witnesses, Power to interrogate witnesses & to record their statements, Evidentiary value of statements made to police, Power of Judicial Magistrate to record confessions/ statements, Case Diary, Procedure to follow on completion of investigation, Investigations & inquiries into cause of unnatural deaths, suicides, of death in police custody etc. (S. 154- 176, Cr. PC.)

Unit-3
Teaching Hours:8
INVESTIGATION.
 

Learning Outcome: Through this unit students come to know the various aspects of investigation.

Meaning & purpose; When to investigate, Information to the police, FIR, Procedure after recording the FIR, Power to require attendance of witnesses, Power to interrogate witnesses & to record their statements, Evidentiary value of statements made to police, Power of Judicial Magistrate to record confessions/ statements, Case Diary, Procedure to follow on completion of investigation, Investigations & inquiries into cause of unnatural deaths, suicides, of death in police custody etc. (S. 154- 176, Cr. PC.)

Unit-3
Teaching Hours:8
INVESTIGATION.
 

Learning Outcome: Through this unit students come to know the various aspects of investigation.

Meaning & purpose; When to investigate, Information to the police, FIR, Procedure after recording the FIR, Power to require attendance of witnesses, Power to interrogate witnesses & to record their statements, Evidentiary value of statements made to police, Power of Judicial Magistrate to record confessions/ statements, Case Diary, Procedure to follow on completion of investigation, Investigations & inquiries into cause of unnatural deaths, suicides, of death in police custody etc. (S. 154- 176, Cr. PC.)

Unit-3
Teaching Hours:8
INVESTIGATION.
 

Learning Outcome: Through this unit students come to know the various aspects of investigation.

Meaning & purpose; When to investigate, Information to the police, FIR, Procedure after recording the FIR, Power to require attendance of witnesses, Power to interrogate witnesses & to record their statements, Evidentiary value of statements made to police, Power of Judicial Magistrate to record confessions/ statements, Case Diary, Procedure to follow on completion of investigation, Investigations & inquiries into cause of unnatural deaths, suicides, of death in police custody etc. (S. 154- 176, Cr. PC.)

Unit-4
Teaching Hours:8
BAIL& ANTICIPATORY BAIL.
 

Learning Outcome: This unit gives the students an understanding of how the provisions relating to bail work.

Mandatory Bail; Bail in cases of non-bailable offenses, Powers of High Court & Sessions Court in granting bail; Anticipatory Bail; Cancelation of Bail; Provisions regarding bond of accused and sureties. (S.436-439, Cr. PC).

Unit-4
Teaching Hours:8
BAIL& ANTICIPATORY BAIL.
 

Learning Outcome: This unit gives the students an understanding of how the provisions relating to bail work.

Mandatory Bail; Bail in cases of non-bailable offenses, Powers of High Court & Sessions Court in granting bail; Anticipatory Bail; Cancelation of Bail; Provisions regarding bond of accused and sureties. (S.436-439, Cr. PC).

Unit-4
Teaching Hours:8
BAIL& ANTICIPATORY BAIL.
 

Learning Outcome: This unit gives the students an understanding of how the provisions relating to bail work.

Mandatory Bail; Bail in cases of non-bailable offenses, Powers of High Court & Sessions Court in granting bail; Anticipatory Bail; Cancelation of Bail; Provisions regarding bond of accused and sureties. (S.436-439, Cr. PC).

Unit-4
Teaching Hours:8
BAIL& ANTICIPATORY BAIL.
 

Learning Outcome: This unit gives the students an understanding of how the provisions relating to bail work.

Mandatory Bail; Bail in cases of non-bailable offenses, Powers of High Court & Sessions Court in granting bail; Anticipatory Bail; Cancelation of Bail; Provisions regarding bond of accused and sureties. (S.436-439, Cr. PC).

Unit-4
Teaching Hours:8
BAIL& ANTICIPATORY BAIL.
 

Learning Outcome: This unit gives the students an understanding of how the provisions relating to bail work.

Mandatory Bail; Bail in cases of non-bailable offenses, Powers of High Court & Sessions Court in granting bail; Anticipatory Bail; Cancelation of Bail; Provisions regarding bond of accused and sureties. (S.436-439, Cr. PC).

Unit-4
Teaching Hours:8
BAIL& ANTICIPATORY BAIL.
 

Learning Outcome: This unit gives the students an understanding of how the provisions relating to bail work.

Mandatory Bail; Bail in cases of non-bailable offenses, Powers of High Court & Sessions Court in granting bail; Anticipatory Bail; Cancelation of Bail; Provisions regarding bond of accused and sureties. (S.436-439, Cr. PC).

Unit-4
Teaching Hours:8
BAIL& ANTICIPATORY BAIL.
 

Learning Outcome: This unit gives the students an understanding of how the provisions relating to bail work.

Mandatory Bail; Bail in cases of non-bailable offenses, Powers of High Court & Sessions Court in granting bail; Anticipatory Bail; Cancelation of Bail; Provisions regarding bond of accused and sureties. (S.436-439, Cr. PC).

Unit-4
Teaching Hours:8
BAIL& ANTICIPATORY BAIL.
 

Learning Outcome: This unit gives the students an understanding of how the provisions relating to bail work.

Mandatory Bail; Bail in cases of non-bailable offenses, Powers of High Court & Sessions Court in granting bail; Anticipatory Bail; Cancelation of Bail; Provisions regarding bond of accused and sureties. (S.436-439, Cr. PC).

Unit-4
Teaching Hours:8
BAIL& ANTICIPATORY BAIL.
 

Learning Outcome: This unit gives the students an understanding of how the provisions relating to bail work.

Mandatory Bail; Bail in cases of non-bailable offenses, Powers of High Court & Sessions Court in granting bail; Anticipatory Bail; Cancelation of Bail; Provisions regarding bond of accused and sureties. (S.436-439, Cr. PC).

Unit-5
Teaching Hours:10
COGNIZANCE, CHARGE, TRIAL& PLEA BARGAINING.
 

Learning Outcome: in this Unit the students learn how the charge is made and how the trial is conducted. 

Meaning and Object of Cognizance, Cognizance of offences by Magistrates and Court of Session, Making over of cases to Magistrates, Meaning, Form and Content of Charge; Alteration of Charge, Basic rules regarding charge and trial; Trial of Warrant Cases: (a) before a Sessions Court, (b) before a Magistrate; Trial of Summons Cases, Summary Trials, Plea Bargaining. (S. 190-199, S.211-224, S.225-265, S.265A- 265L, Cr. PC.)

Unit-5
Teaching Hours:10
COGNIZANCE, CHARGE, TRIAL& PLEA BARGAINING.
 

Learning Outcome: in this Unit the students learn how the charge is made and how the trial is conducted. 

Meaning and Object of Cognizance, Cognizance of offences by Magistrates and Court of Session, Making over of cases to Magistrates, Meaning, Form and Content of Charge; Alteration of Charge, Basic rules regarding charge and trial; Trial of Warrant Cases: (a) before a Sessions Court, (b) before a Magistrate; Trial of Summons Cases, Summary Trials, Plea Bargaining. (S. 190-199, S.211-224, S.225-265, S.265A- 265L, Cr. PC.)

Unit-5
Teaching Hours:10
COGNIZANCE, CHARGE, TRIAL& PLEA BARGAINING.
 

Learning Outcome: in this Unit the students learn how the charge is made and how the trial is conducted. 

Meaning and Object of Cognizance, Cognizance of offences by Magistrates and Court of Session, Making over of cases to Magistrates, Meaning, Form and Content of Charge; Alteration of Charge, Basic rules regarding charge and trial; Trial of Warrant Cases: (a) before a Sessions Court, (b) before a Magistrate; Trial of Summons Cases, Summary Trials, Plea Bargaining. (S. 190-199, S.211-224, S.225-265, S.265A- 265L, Cr. PC.)

Unit-5
Teaching Hours:10
COGNIZANCE, CHARGE, TRIAL& PLEA BARGAINING.
 

Learning Outcome: in this Unit the students learn how the charge is made and how the trial is conducted. 

Meaning and Object of Cognizance, Cognizance of offences by Magistrates and Court of Session, Making over of cases to Magistrates, Meaning, Form and Content of Charge; Alteration of Charge, Basic rules regarding charge and trial; Trial of Warrant Cases: (a) before a Sessions Court, (b) before a Magistrate; Trial of Summons Cases, Summary Trials, Plea Bargaining. (S. 190-199, S.211-224, S.225-265, S.265A- 265L, Cr. PC.)

Unit-5
Teaching Hours:10
COGNIZANCE, CHARGE, TRIAL& PLEA BARGAINING.
 

Learning Outcome: in this Unit the students learn how the charge is made and how the trial is conducted. 

Meaning and Object of Cognizance, Cognizance of offences by Magistrates and Court of Session, Making over of cases to Magistrates, Meaning, Form and Content of Charge; Alteration of Charge, Basic rules regarding charge and trial; Trial of Warrant Cases: (a) before a Sessions Court, (b) before a Magistrate; Trial of Summons Cases, Summary Trials, Plea Bargaining. (S. 190-199, S.211-224, S.225-265, S.265A- 265L, Cr. PC.)

Unit-5
Teaching Hours:10
COGNIZANCE, CHARGE, TRIAL& PLEA BARGAINING.
 

Learning Outcome: in this Unit the students learn how the charge is made and how the trial is conducted. 

Meaning and Object of Cognizance, Cognizance of offences by Magistrates and Court of Session, Making over of cases to Magistrates, Meaning, Form and Content of Charge; Alteration of Charge, Basic rules regarding charge and trial; Trial of Warrant Cases: (a) before a Sessions Court, (b) before a Magistrate; Trial of Summons Cases, Summary Trials, Plea Bargaining. (S. 190-199, S.211-224, S.225-265, S.265A- 265L, Cr. PC.)

Unit-5
Teaching Hours:10
COGNIZANCE, CHARGE, TRIAL& PLEA BARGAINING.
 

Learning Outcome: in this Unit the students learn how the charge is made and how the trial is conducted. 

Meaning and Object of Cognizance, Cognizance of offences by Magistrates and Court of Session, Making over of cases to Magistrates, Meaning, Form and Content of Charge; Alteration of Charge, Basic rules regarding charge and trial; Trial of Warrant Cases: (a) before a Sessions Court, (b) before a Magistrate; Trial of Summons Cases, Summary Trials, Plea Bargaining. (S. 190-199, S.211-224, S.225-265, S.265A- 265L, Cr. PC.)

Unit-5
Teaching Hours:10
COGNIZANCE, CHARGE, TRIAL& PLEA BARGAINING.
 

Learning Outcome: in this Unit the students learn how the charge is made and how the trial is conducted. 

Meaning and Object of Cognizance, Cognizance of offences by Magistrates and Court of Session, Making over of cases to Magistrates, Meaning, Form and Content of Charge; Alteration of Charge, Basic rules regarding charge and trial; Trial of Warrant Cases: (a) before a Sessions Court, (b) before a Magistrate; Trial of Summons Cases, Summary Trials, Plea Bargaining. (S. 190-199, S.211-224, S.225-265, S.265A- 265L, Cr. PC.)

Unit-5
Teaching Hours:10
COGNIZANCE, CHARGE, TRIAL& PLEA BARGAINING.
 

Learning Outcome: in this Unit the students learn how the charge is made and how the trial is conducted. 

Meaning and Object of Cognizance, Cognizance of offences by Magistrates and Court of Session, Making over of cases to Magistrates, Meaning, Form and Content of Charge; Alteration of Charge, Basic rules regarding charge and trial; Trial of Warrant Cases: (a) before a Sessions Court, (b) before a Magistrate; Trial of Summons Cases, Summary Trials, Plea Bargaining. (S. 190-199, S.211-224, S.225-265, S.265A- 265L, Cr. PC.)

Unit-6
Teaching Hours:6
JUDGMENT & APPEAL
 

Learning Outcome: In this Unit the students are given a picture of the process on how a judgment is pronounced and how an appeal is preferred.

Form and Contents; Post Conviction Orders; Compensation & Costs; Pronouncement of Judgment. Appeal from convictions, Appeals to superior courts, Procedure for dealing with an Appeal and powers of appellate courts.(S.353-363, S.372-394, Cr. PC) 

Unit-6
Teaching Hours:6
JUDGMENT & APPEAL
 

Learning Outcome: In this Unit the students are given a picture of the process on how a judgment is pronounced and how an appeal is preferred.

Form and Contents; Post Conviction Orders; Compensation & Costs; Pronouncement of Judgment. Appeal from convictions, Appeals to superior courts, Procedure for dealing with an Appeal and powers of appellate courts.(S.353-363, S.372-394, Cr. PC) 

Unit-6
Teaching Hours:6
JUDGMENT & APPEAL
 

Learning Outcome: In this Unit the students are given a picture of the process on how a judgment is pronounced and how an appeal is preferred.

Form and Contents; Post Conviction Orders; Compensation & Costs; Pronouncement of Judgment. Appeal from convictions, Appeals to superior courts, Procedure for dealing with an Appeal and powers of appellate courts.(S.353-363, S.372-394, Cr. PC) 

Unit-6
Teaching Hours:6
JUDGMENT & APPEAL
 

Learning Outcome: In this Unit the students are given a picture of the process on how a judgment is pronounced and how an appeal is preferred.

Form and Contents; Post Conviction Orders; Compensation & Costs; Pronouncement of Judgment. Appeal from convictions, Appeals to superior courts, Procedure for dealing with an Appeal and powers of appellate courts.(S.353-363, S.372-394, Cr. PC) 

Unit-6
Teaching Hours:6
JUDGMENT & APPEAL
 

Learning Outcome: In this Unit the students are given a picture of the process on how a judgment is pronounced and how an appeal is preferred.

Form and Contents; Post Conviction Orders; Compensation & Costs; Pronouncement of Judgment. Appeal from convictions, Appeals to superior courts, Procedure for dealing with an Appeal and powers of appellate courts.(S.353-363, S.372-394, Cr. PC) 

Unit-6
Teaching Hours:6
JUDGMENT & APPEAL
 

Learning Outcome: In this Unit the students are given a picture of the process on how a judgment is pronounced and how an appeal is preferred.

Form and Contents; Post Conviction Orders; Compensation & Costs; Pronouncement of Judgment. Appeal from convictions, Appeals to superior courts, Procedure for dealing with an Appeal and powers of appellate courts.(S.353-363, S.372-394, Cr. PC) 

Unit-6
Teaching Hours:6
JUDGMENT & APPEAL
 

Learning Outcome: In this Unit the students are given a picture of the process on how a judgment is pronounced and how an appeal is preferred.

Form and Contents; Post Conviction Orders; Compensation & Costs; Pronouncement of Judgment. Appeal from convictions, Appeals to superior courts, Procedure for dealing with an Appeal and powers of appellate courts.(S.353-363, S.372-394, Cr. PC) 

Unit-6
Teaching Hours:6
JUDGMENT & APPEAL
 

Learning Outcome: In this Unit the students are given a picture of the process on how a judgment is pronounced and how an appeal is preferred.

Form and Contents; Post Conviction Orders; Compensation & Costs; Pronouncement of Judgment. Appeal from convictions, Appeals to superior courts, Procedure for dealing with an Appeal and powers of appellate courts.(S.353-363, S.372-394, Cr. PC) 

Unit-6
Teaching Hours:6
JUDGMENT & APPEAL
 

Learning Outcome: In this Unit the students are given a picture of the process on how a judgment is pronounced and how an appeal is preferred.

Form and Contents; Post Conviction Orders; Compensation & Costs; Pronouncement of Judgment. Appeal from convictions, Appeals to superior courts, Procedure for dealing with an Appeal and powers of appellate courts.(S.353-363, S.372-394, Cr. PC) 

Unit-7
Teaching Hours:6
REFERENCE, REVISION & TRANSFER.
 

Learning Outcome: This unit tells the students how the process of reference, revision and transfer protect the life and liberty of the accused.

Reference to High Court, Revision: Powers of the Sessions Court and High Court for Revision, Powers of the Supreme Court/ High Court and Sessions Court to transfer Cases and Appeals. Inherent Powers of High Court.(S.395-412, S. 482. Cr. PC.)

Unit-7
Teaching Hours:6
REFERENCE, REVISION & TRANSFER.
 

Learning Outcome: This unit tells the students how the process of reference, revision and transfer protect the life and liberty of the accused.

Reference to High Court, Revision: Powers of the Sessions Court and High Court for Revision, Powers of the Supreme Court/ High Court and Sessions Court to transfer Cases and Appeals. Inherent Powers of High Court.(S.395-412, S. 482. Cr. PC.)

Unit-7
Teaching Hours:6
REFERENCE, REVISION & TRANSFER.
 

Learning Outcome: This unit tells the students how the process of reference, revision and transfer protect the life and liberty of the accused.

Reference to High Court, Revision: Powers of the Sessions Court and High Court for Revision, Powers of the Supreme Court/ High Court and Sessions Court to transfer Cases and Appeals. Inherent Powers of High Court.(S.395-412, S. 482. Cr. PC.)

Unit-7
Teaching Hours:6
REFERENCE, REVISION & TRANSFER.
 

Learning Outcome: This unit tells the students how the process of reference, revision and transfer protect the life and liberty of the accused.

Reference to High Court, Revision: Powers of the Sessions Court and High Court for Revision, Powers of the Supreme Court/ High Court and Sessions Court to transfer Cases and Appeals. Inherent Powers of High Court.(S.395-412, S. 482. Cr. PC.)

Unit-7
Teaching Hours:6
REFERENCE, REVISION & TRANSFER.
 

Learning Outcome: This unit tells the students how the process of reference, revision and transfer protect the life and liberty of the accused.

Reference to High Court, Revision: Powers of the Sessions Court and High Court for Revision, Powers of the Supreme Court/ High Court and Sessions Court to transfer Cases and Appeals. Inherent Powers of High Court.(S.395-412, S. 482. Cr. PC.)

Unit-7
Teaching Hours:6
REFERENCE, REVISION & TRANSFER.
 

Learning Outcome: This unit tells the students how the process of reference, revision and transfer protect the life and liberty of the accused.

Reference to High Court, Revision: Powers of the Sessions Court and High Court for Revision, Powers of the Supreme Court/ High Court and Sessions Court to transfer Cases and Appeals. Inherent Powers of High Court.(S.395-412, S. 482. Cr. PC.)

Unit-7
Teaching Hours:6
REFERENCE, REVISION & TRANSFER.
 

Learning Outcome: This unit tells the students how the process of reference, revision and transfer protect the life and liberty of the accused.

Reference to High Court, Revision: Powers of the Sessions Court and High Court for Revision, Powers of the Supreme Court/ High Court and Sessions Court to transfer Cases and Appeals. Inherent Powers of High Court.(S.395-412, S. 482. Cr. PC.)

Unit-7
Teaching Hours:6
REFERENCE, REVISION & TRANSFER.
 

Learning Outcome: This unit tells the students how the process of reference, revision and transfer protect the life and liberty of the accused.

Reference to High Court, Revision: Powers of the Sessions Court and High Court for Revision, Powers of the Supreme Court/ High Court and Sessions Court to transfer Cases and Appeals. Inherent Powers of High Court.(S.395-412, S. 482. Cr. PC.)

Unit-7
Teaching Hours:6
REFERENCE, REVISION & TRANSFER.
 

Learning Outcome: This unit tells the students how the process of reference, revision and transfer protect the life and liberty of the accused.

Reference to High Court, Revision: Powers of the Sessions Court and High Court for Revision, Powers of the Supreme Court/ High Court and Sessions Court to transfer Cases and Appeals. Inherent Powers of High Court.(S.395-412, S. 482. Cr. PC.)

Unit-8
Teaching Hours:4
EXECUTION, SUSPENSION, REMISSION & COMMUTATION OF SENTENCES
 

Learning Outcome: In this Unit the students are taught the process of execution of a sentence, suspension, remission & commutation of sentence etc once the trial court hands out a judgment.  

Death Sentence, Imprisonment, Levy of Fine, Suspension, Remission & Commutation of sentences.( S.413-424 Cr. PC.)

Unit-8
Teaching Hours:4
EXECUTION, SUSPENSION, REMISSION & COMMUTATION OF SENTENCES
 

Learning Outcome: In this Unit the students are taught the process of execution of a sentence, suspension, remission & commutation of sentence etc once the trial court hands out a judgment.  

Death Sentence, Imprisonment, Levy of Fine, Suspension, Remission & Commutation of sentences.( S.413-424 Cr. PC.)

Unit-8
Teaching Hours:4
EXECUTION, SUSPENSION, REMISSION & COMMUTATION OF SENTENCES
 

Learning Outcome: In this Unit the students are taught the process of execution of a sentence, suspension, remission & commutation of sentence etc once the trial court hands out a judgment.  

Death Sentence, Imprisonment, Levy of Fine, Suspension, Remission & Commutation of sentences.( S.413-424 Cr. PC.)

Unit-8
Teaching Hours:4
EXECUTION, SUSPENSION, REMISSION & COMMUTATION OF SENTENCES
 

Learning Outcome: In this Unit the students are taught the process of execution of a sentence, suspension, remission & commutation of sentence etc once the trial court hands out a judgment.  

Death Sentence, Imprisonment, Levy of Fine, Suspension, Remission & Commutation of sentences.( S.413-424 Cr. PC.)

Unit-8
Teaching Hours:4
EXECUTION, SUSPENSION, REMISSION & COMMUTATION OF SENTENCES
 

Learning Outcome: In this Unit the students are taught the process of execution of a sentence, suspension, remission & commutation of sentence etc once the trial court hands out a judgment.  

Death Sentence, Imprisonment, Levy of Fine, Suspension, Remission & Commutation of sentences.( S.413-424 Cr. PC.)

Unit-8
Teaching Hours:4
EXECUTION, SUSPENSION, REMISSION & COMMUTATION OF SENTENCES
 

Learning Outcome: In this Unit the students are taught the process of execution of a sentence, suspension, remission & commutation of sentence etc once the trial court hands out a judgment.  

Death Sentence, Imprisonment, Levy of Fine, Suspension, Remission & Commutation of sentences.( S.413-424 Cr. PC.)

Unit-8
Teaching Hours:4
EXECUTION, SUSPENSION, REMISSION & COMMUTATION OF SENTENCES
 

Learning Outcome: In this Unit the students are taught the process of execution of a sentence, suspension, remission & commutation of sentence etc once the trial court hands out a judgment.  

Death Sentence, Imprisonment, Levy of Fine, Suspension, Remission & Commutation of sentences.( S.413-424 Cr. PC.)

Unit-8
Teaching Hours:4
EXECUTION, SUSPENSION, REMISSION & COMMUTATION OF SENTENCES
 

Learning Outcome: In this Unit the students are taught the process of execution of a sentence, suspension, remission & commutation of sentence etc once the trial court hands out a judgment.  

Death Sentence, Imprisonment, Levy of Fine, Suspension, Remission & Commutation of sentences.( S.413-424 Cr. PC.)

Unit-8
Teaching Hours:4
EXECUTION, SUSPENSION, REMISSION & COMMUTATION OF SENTENCES
 

Learning Outcome: In this Unit the students are taught the process of execution of a sentence, suspension, remission & commutation of sentence etc once the trial court hands out a judgment.  

Death Sentence, Imprisonment, Levy of Fine, Suspension, Remission & Commutation of sentences.( S.413-424 Cr. PC.)

Unit-9
Teaching Hours:8
MISCELLANEOUS, MAINTENANCE OF WIVES, CHILDREN & PARENTS, PREVENTIVE MEASURES & SECURITY PROCEEDINGS
 

Learning Outcome: Under thus Unit students are made aware of the ways by which law prevents starvation and vagrancy etc leading to commission of crimes. Students are taught under this unit how apart from having provisions leading to criminal trial, how the Code has also made provisions for the prevention of crimes.

Persons entitled to claim maintenance, Essential conditions for granting maintenance, Jurisdiction of Magistrates, Enforcement of the Order of Maintenance, Alteration of Allowance (S. 125-128. Cr.PC).                         

Preventive action of the Police: Security for keeping peace, for good behaviour, Action under S.107-110. Dispersal of Unlawful Assemblies, Removal of public nuisance, Urgent Cases of apprehended danger or nuisance.(S. 107-110, 129-153, Cr. PC.)

Unit-9
Teaching Hours:8
MISCELLANEOUS, MAINTENANCE OF WIVES, CHILDREN & PARENTS, PREVENTIVE MEASURES & SECURITY PROCEEDINGS
 

Learning Outcome: Under thus Unit students are made aware of the ways by which law prevents starvation and vagrancy etc leading to commission of crimes. Students are taught under this unit how apart from having provisions leading to criminal trial, how the Code has also made provisions for the prevention of crimes.

Persons entitled to claim maintenance, Essential conditions for granting maintenance, Jurisdiction of Magistrates, Enforcement of the Order of Maintenance, Alteration of Allowance (S. 125-128. Cr.PC).                         

Preventive action of the Police: Security for keeping peace, for good behaviour, Action under S.107-110. Dispersal of Unlawful Assemblies, Removal of public nuisance, Urgent Cases of apprehended danger or nuisance.(S. 107-110, 129-153, Cr. PC.)

Unit-9
Teaching Hours:8
MISCELLANEOUS, MAINTENANCE OF WIVES, CHILDREN & PARENTS, PREVENTIVE MEASURES & SECURITY PROCEEDINGS
 

Learning Outcome: Under thus Unit students are made aware of the ways by which law prevents starvation and vagrancy etc leading to commission of crimes. Students are taught under this unit how apart from having provisions leading to criminal trial, how the Code has also made provisions for the prevention of crimes.

Persons entitled to claim maintenance, Essential conditions for granting maintenance, Jurisdiction of Magistrates, Enforcement of the Order of Maintenance, Alteration of Allowance (S. 125-128. Cr.PC).                         

Preventive action of the Police: Security for keeping peace, for good behaviour, Action under S.107-110. Dispersal of Unlawful Assemblies, Removal of public nuisance, Urgent Cases of apprehended danger or nuisance.(S. 107-110, 129-153, Cr. PC.)

Unit-9
Teaching Hours:8
MISCELLANEOUS, MAINTENANCE OF WIVES, CHILDREN & PARENTS, PREVENTIVE MEASURES & SECURITY PROCEEDINGS
 

Learning Outcome: Under thus Unit students are made aware of the ways by which law prevents starvation and vagrancy etc leading to commission of crimes. Students are taught under this unit how apart from having provisions leading to criminal trial, how the Code has also made provisions for the prevention of crimes.

Persons entitled to claim maintenance, Essential conditions for granting maintenance, Jurisdiction of Magistrates, Enforcement of the Order of Maintenance, Alteration of Allowance (S. 125-128. Cr.PC).                         

Preventive action of the Police: Security for keeping peace, for good behaviour, Action under S.107-110. Dispersal of Unlawful Assemblies, Removal of public nuisance, Urgent Cases of apprehended danger or nuisance.(S. 107-110, 129-153, Cr. PC.)

Unit-9
Teaching Hours:8
MISCELLANEOUS, MAINTENANCE OF WIVES, CHILDREN & PARENTS, PREVENTIVE MEASURES & SECURITY PROCEEDINGS
 

Learning Outcome: Under thus Unit students are made aware of the ways by which law prevents starvation and vagrancy etc leading to commission of crimes. Students are taught under this unit how apart from having provisions leading to criminal trial, how the Code has also made provisions for the prevention of crimes.

Persons entitled to claim maintenance, Essential conditions for granting maintenance, Jurisdiction of Magistrates, Enforcement of the Order of Maintenance, Alteration of Allowance (S. 125-128. Cr.PC).                         

Preventive action of the Police: Security for keeping peace, for good behaviour, Action under S.107-110. Dispersal of Unlawful Assemblies, Removal of public nuisance, Urgent Cases of apprehended danger or nuisance.(S. 107-110, 129-153, Cr. PC.)

Unit-9
Teaching Hours:8
MISCELLANEOUS, MAINTENANCE OF WIVES, CHILDREN & PARENTS, PREVENTIVE MEASURES & SECURITY PROCEEDINGS
 

Learning Outcome: Under thus Unit students are made aware of the ways by which law prevents starvation and vagrancy etc leading to commission of crimes. Students are taught under this unit how apart from having provisions leading to criminal trial, how the Code has also made provisions for the prevention of crimes.

Persons entitled to claim maintenance, Essential conditions for granting maintenance, Jurisdiction of Magistrates, Enforcement of the Order of Maintenance, Alteration of Allowance (S. 125-128. Cr.PC).                         

Preventive action of the Police: Security for keeping peace, for good behaviour, Action under S.107-110. Dispersal of Unlawful Assemblies, Removal of public nuisance, Urgent Cases of apprehended danger or nuisance.(S. 107-110, 129-153, Cr. PC.)

Unit-9
Teaching Hours:8
MISCELLANEOUS, MAINTENANCE OF WIVES, CHILDREN & PARENTS, PREVENTIVE MEASURES & SECURITY PROCEEDINGS
 

Learning Outcome: Under thus Unit students are made aware of the ways by which law prevents starvation and vagrancy etc leading to commission of crimes. Students are taught under this unit how apart from having provisions leading to criminal trial, how the Code has also made provisions for the prevention of crimes.

Persons entitled to claim maintenance, Essential conditions for granting maintenance, Jurisdiction of Magistrates, Enforcement of the Order of Maintenance, Alteration of Allowance (S. 125-128. Cr.PC).                         

Preventive action of the Police: Security for keeping peace, for good behaviour, Action under S.107-110. Dispersal of Unlawful Assemblies, Removal of public nuisance, Urgent Cases of apprehended danger or nuisance.(S. 107-110, 129-153, Cr. PC.)

Unit-9
Teaching Hours:8
MISCELLANEOUS, MAINTENANCE OF WIVES, CHILDREN & PARENTS, PREVENTIVE MEASURES & SECURITY PROCEEDINGS
 

Learning Outcome: Under thus Unit students are made aware of the ways by which law prevents starvation and vagrancy etc leading to commission of crimes. Students are taught under this unit how apart from having provisions leading to criminal trial, how the Code has also made provisions for the prevention of crimes.

Persons entitled to claim maintenance, Essential conditions for granting maintenance, Jurisdiction of Magistrates, Enforcement of the Order of Maintenance, Alteration of Allowance (S. 125-128. Cr.PC).                         

Preventive action of the Police: Security for keeping peace, for good behaviour, Action under S.107-110. Dispersal of Unlawful Assemblies, Removal of public nuisance, Urgent Cases of apprehended danger or nuisance.(S. 107-110, 129-153, Cr. PC.)

Unit-9
Teaching Hours:8
MISCELLANEOUS, MAINTENANCE OF WIVES, CHILDREN & PARENTS, PREVENTIVE MEASURES & SECURITY PROCEEDINGS
 

Learning Outcome: Under thus Unit students are made aware of the ways by which law prevents starvation and vagrancy etc leading to commission of crimes. Students are taught under this unit how apart from having provisions leading to criminal trial, how the Code has also made provisions for the prevention of crimes.

Persons entitled to claim maintenance, Essential conditions for granting maintenance, Jurisdiction of Magistrates, Enforcement of the Order of Maintenance, Alteration of Allowance (S. 125-128. Cr.PC).                         

Preventive action of the Police: Security for keeping peace, for good behaviour, Action under S.107-110. Dispersal of Unlawful Assemblies, Removal of public nuisance, Urgent Cases of apprehended danger or nuisance.(S. 107-110, 129-153, Cr. PC.)

Text Books And Reference Books:

The Code of Criminal Procedure, 1973.

Takwani Criminal procedure, Lexis Nexis, 4th Edition 2015.

KNC Pillai (Fifth Ed.):RV Kelkar’s Lectures on Criminal Procedure, Eastern Book Company, Lucknow, 2013

The Juvenile Justice (Care and Protection) Act, 2015

 

 

Essential Reading / Recommended Reading

1.     SN Mishra: The Code of Criminal Procedure, 1973; Central Law Publications, Allahabad. (2013).

  1. Mitra, B. B. Criminal Procedure Code. Kolkata: Kamal Law House, 2005.
Evaluation Pattern

·      CIA I – Class Test / Assignment / Presentation            – 10%

·      CIA II – Mid Semester Examination                                 – 25%

·      CIA III – Research Topic                                                     – 10%

·      Attendance                                                                            – 05%

·      End Semester Examination                                                – 50%

                                                                                                TOTAL 100%

LAW652 - FAMILY LAW II (2022 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

COURSE DESCRIPTION:

This course has been conceptualized in order to help students learn about the second segment of Family Law comprising of topics like, Succession, Adoption, Minority and Guardianship, across various personal laws.

As a part of this course the students learning shall not be limited only to the salient features of the all personal laws in India, but shall also be taught about the cross cutting issues of national and international relevance. The course also aims at discussing issues from the perspective of gender equality as a part of SDGs, and serves towards the local, national, regional, and global needs owing to the core components covered under the course. The syllabus will comprise minimum of about 60 classes of teaching.   

Learning Outcome

CO1: Outline, Recall and identify the various principles relating to inheritance, adoption, guardianship and succession across personal laws.

CO2: Explain and interpret the nuances of precedents and amendments relating to the topics covered.

CO3: Analyze and critique the short comings in the laws relating to inheritance, adoption, guardianship and succession across personal laws.

CO4: Assess the international perspectives to specific issues.

Unit-1
Teaching Hours:20
INHERITANCE - HINDUS
 

1.1 Historical perspective of traditional Hindu Law as a background to the study of Hindu Succession Act

            1.1.1 Coparcenary - Joint family property concept under old Hindu Law

            1.1.2 Mitakshara and Dayabhaga School

            1.1.3 New trends in the concept of coparcenaries

1.2 Hindu Succession Act, 1956 and Amendment Act of 2005- Daughters as coparceners.

1.3 Devolution of interest in Mitakshara co-parcenary

1.4 Succession to property of a Hindu male dying intestate 

1.5 Succession to property of a Hindu female dying intestate 

1.6 Concept of Stridhan, Married Womens property

1.7 Disqualifications relating to succession

1.8 Partition

1.9 General rules of succession

1.10 Marumakattayam and Ahyasantana laws governing people living in Travancore, Cochin and districts of Malabar and South Karnataka.        

Kerala Amendment abolishing Joint Families

Unit-1
Teaching Hours:20
INHERITANCE - HINDUS
 

1.1 Historical perspective of traditional Hindu Law as a background to the study of Hindu Succession Act

            1.1.1 Coparcenary - Joint family property concept under old Hindu Law

            1.1.2 Mitakshara and Dayabhaga School

            1.1.3 New trends in the concept of coparcenaries

1.2 Hindu Succession Act, 1956 and Amendment Act of 2005- Daughters as coparceners.

1.3 Devolution of interest in Mitakshara co-parcenary

1.4 Succession to property of a Hindu male dying intestate 

1.5 Succession to property of a Hindu female dying intestate 

1.6 Concept of Stridhan, Married Womens property

1.7 Disqualifications relating to succession

1.8 Partition

1.9 General rules of succession

1.10 Marumakattayam and Ahyasantana laws governing people living in Travancore, Cochin and districts of Malabar and South Karnataka.        

Kerala Amendment abolishing Joint Families

Unit-1
Teaching Hours:20
INHERITANCE - HINDUS
 

1.1 Historical perspective of traditional Hindu Law as a background to the study of Hindu Succession Act

            1.1.1 Coparcenary - Joint family property concept under old Hindu Law

            1.1.2 Mitakshara and Dayabhaga School

            1.1.3 New trends in the concept of coparcenaries

1.2 Hindu Succession Act, 1956 and Amendment Act of 2005- Daughters as coparceners.

1.3 Devolution of interest in Mitakshara co-parcenary

1.4 Succession to property of a Hindu male dying intestate 

1.5 Succession to property of a Hindu female dying intestate 

1.6 Concept of Stridhan, Married Womens property

1.7 Disqualifications relating to succession

1.8 Partition

1.9 General rules of succession

1.10 Marumakattayam and Ahyasantana laws governing people living in Travancore, Cochin and districts of Malabar and South Karnataka.        

Kerala Amendment abolishing Joint Families

Unit-1
Teaching Hours:20
INHERITANCE - HINDUS
 

1.1 Historical perspective of traditional Hindu Law as a background to the study of Hindu Succession Act

            1.1.1 Coparcenary - Joint family property concept under old Hindu Law

            1.1.2 Mitakshara and Dayabhaga School

            1.1.3 New trends in the concept of coparcenaries

1.2 Hindu Succession Act, 1956 and Amendment Act of 2005- Daughters as coparceners.

1.3 Devolution of interest in Mitakshara co-parcenary

1.4 Succession to property of a Hindu male dying intestate 

1.5 Succession to property of a Hindu female dying intestate 

1.6 Concept of Stridhan, Married Womens property

1.7 Disqualifications relating to succession

1.8 Partition

1.9 General rules of succession

1.10 Marumakattayam and Ahyasantana laws governing people living in Travancore, Cochin and districts of Malabar and South Karnataka.        

Kerala Amendment abolishing Joint Families

Unit-1
Teaching Hours:20
INHERITANCE - HINDUS
 

1.1 Historical perspective of traditional Hindu Law as a background to the study of Hindu Succession Act

            1.1.1 Coparcenary - Joint family property concept under old Hindu Law

            1.1.2 Mitakshara and Dayabhaga School

            1.1.3 New trends in the concept of coparcenaries

1.2 Hindu Succession Act, 1956 and Amendment Act of 2005- Daughters as coparceners.

1.3 Devolution of interest in Mitakshara co-parcenary

1.4 Succession to property of a Hindu male dying intestate 

1.5 Succession to property of a Hindu female dying intestate 

1.6 Concept of Stridhan, Married Womens property

1.7 Disqualifications relating to succession

1.8 Partition

1.9 General rules of succession

1.10 Marumakattayam and Ahyasantana laws governing people living in Travancore, Cochin and districts of Malabar and South Karnataka.        

Kerala Amendment abolishing Joint Families

Unit-1
Teaching Hours:20
INHERITANCE - HINDUS
 

1.1 Historical perspective of traditional Hindu Law as a background to the study of Hindu Succession Act

            1.1.1 Coparcenary - Joint family property concept under old Hindu Law

            1.1.2 Mitakshara and Dayabhaga School

            1.1.3 New trends in the concept of coparcenaries

1.2 Hindu Succession Act, 1956 and Amendment Act of 2005- Daughters as coparceners.

1.3 Devolution of interest in Mitakshara co-parcenary

1.4 Succession to property of a Hindu male dying intestate 

1.5 Succession to property of a Hindu female dying intestate 

1.6 Concept of Stridhan, Married Womens property

1.7 Disqualifications relating to succession

1.8 Partition

1.9 General rules of succession

1.10 Marumakattayam and Ahyasantana laws governing people living in Travancore, Cochin and districts of Malabar and South Karnataka.        

Kerala Amendment abolishing Joint Families

Unit-2
Teaching Hours:15
INHERITANCE - MUSLIMS
 

2.1 General rules of succession

2.2 Classification of heirs under Hanafi and IthanaAshria School

Unit-2
Teaching Hours:15
INHERITANCE - MUSLIMS
 

2.1 General rules of succession

2.2 Classification of heirs under Hanafi and IthanaAshria School

Unit-2
Teaching Hours:15
INHERITANCE - MUSLIMS
 

2.1 General rules of succession

2.2 Classification of heirs under Hanafi and IthanaAshria School

Unit-2
Teaching Hours:15
INHERITANCE - MUSLIMS
 

2.1 General rules of succession

2.2 Classification of heirs under Hanafi and IthanaAshria School

Unit-2
Teaching Hours:15
INHERITANCE - MUSLIMS
 

2.1 General rules of succession

2.2 Classification of heirs under Hanafi and IthanaAshria School

Unit-2
Teaching Hours:15
INHERITANCE - MUSLIMS
 

2.1 General rules of succession

2.2 Classification of heirs under Hanafi and IthanaAshria School

Unit-3
Teaching Hours:11
INDIAN SUCCESSION ACT 1925
 

3.1 General rules of Christian Inheritance

3.2 General rules of Parsi inheritance

3.3 Will and codicil

    3.3.1 Persons capable of making wills

    3.3.2 Formation of a will

Unit-3
Teaching Hours:11
INDIAN SUCCESSION ACT 1925
 

3.1 General rules of Christian Inheritance

3.2 General rules of Parsi inheritance

3.3 Will and codicil

    3.3.1 Persons capable of making wills

    3.3.2 Formation of a will

Unit-3
Teaching Hours:11
INDIAN SUCCESSION ACT 1925
 

3.1 General rules of Christian Inheritance

3.2 General rules of Parsi inheritance

3.3 Will and codicil

    3.3.1 Persons capable of making wills

    3.3.2 Formation of a will

Unit-3
Teaching Hours:11
INDIAN SUCCESSION ACT 1925
 

3.1 General rules of Christian Inheritance

3.2 General rules of Parsi inheritance

3.3 Will and codicil

    3.3.1 Persons capable of making wills

    3.3.2 Formation of a will

Unit-3
Teaching Hours:11
INDIAN SUCCESSION ACT 1925
 

3.1 General rules of Christian Inheritance

3.2 General rules of Parsi inheritance

3.3 Will and codicil

    3.3.1 Persons capable of making wills

    3.3.2 Formation of a will

Unit-3
Teaching Hours:11
INDIAN SUCCESSION ACT 1925
 

3.1 General rules of Christian Inheritance

3.2 General rules of Parsi inheritance

3.3 Will and codicil

    3.3.1 Persons capable of making wills

    3.3.2 Formation of a will

Unit-4
Teaching Hours:9
ADOPTION
 

4.1Hindu Adoptions Under Hindu Adoption and Maintenance Act 1956, 

4.2 Doctrine of Nafaqa (Maintenance), Acknowledgement under Muslim Law.

4.3 Adoption Rules for Christians 

4.4 Concept of Adoption under Juvenile Justice Act. 

4.5 Inter-country adoption

    4.5.1 Hague Convention on Inter-Country adoption 1993

    4.5.2CARA guidelines, Adoption Regulation 2017

Unit-4
Teaching Hours:9
ADOPTION
 

4.1Hindu Adoptions Under Hindu Adoption and Maintenance Act 1956, 

4.2 Doctrine of Nafaqa (Maintenance), Acknowledgement under Muslim Law.

4.3 Adoption Rules for Christians 

4.4 Concept of Adoption under Juvenile Justice Act. 

4.5 Inter-country adoption

    4.5.1 Hague Convention on Inter-Country adoption 1993

    4.5.2CARA guidelines, Adoption Regulation 2017

Unit-4
Teaching Hours:9
ADOPTION
 

4.1Hindu Adoptions Under Hindu Adoption and Maintenance Act 1956, 

4.2 Doctrine of Nafaqa (Maintenance), Acknowledgement under Muslim Law.

4.3 Adoption Rules for Christians 

4.4 Concept of Adoption under Juvenile Justice Act. 

4.5 Inter-country adoption

    4.5.1 Hague Convention on Inter-Country adoption 1993

    4.5.2CARA guidelines, Adoption Regulation 2017

Unit-4
Teaching Hours:9
ADOPTION
 

4.1Hindu Adoptions Under Hindu Adoption and Maintenance Act 1956, 

4.2 Doctrine of Nafaqa (Maintenance), Acknowledgement under Muslim Law.

4.3 Adoption Rules for Christians 

4.4 Concept of Adoption under Juvenile Justice Act. 

4.5 Inter-country adoption

    4.5.1 Hague Convention on Inter-Country adoption 1993

    4.5.2CARA guidelines, Adoption Regulation 2017

Unit-4
Teaching Hours:9
ADOPTION
 

4.1Hindu Adoptions Under Hindu Adoption and Maintenance Act 1956, 

4.2 Doctrine of Nafaqa (Maintenance), Acknowledgement under Muslim Law.

4.3 Adoption Rules for Christians 

4.4 Concept of Adoption under Juvenile Justice Act. 

4.5 Inter-country adoption

    4.5.1 Hague Convention on Inter-Country adoption 1993

    4.5.2CARA guidelines, Adoption Regulation 2017

Unit-4
Teaching Hours:9
ADOPTION
 

4.1Hindu Adoptions Under Hindu Adoption and Maintenance Act 1956, 

4.2 Doctrine of Nafaqa (Maintenance), Acknowledgement under Muslim Law.

4.3 Adoption Rules for Christians 

4.4 Concept of Adoption under Juvenile Justice Act. 

4.5 Inter-country adoption

    4.5.1 Hague Convention on Inter-Country adoption 1993

    4.5.2CARA guidelines, Adoption Regulation 2017

Unit-5
Teaching Hours:5
MINORITY AND GUARDIANSHIP
 

5.1 The Hindu Minority and Guardianship Act, 1956, 

5.2 Concept of Guardianship under Islamic and Christian Law 

5.3 Guardianship and Wards Act, 1869

Unit-5
Teaching Hours:5
MINORITY AND GUARDIANSHIP
 

5.1 The Hindu Minority and Guardianship Act, 1956, 

5.2 Concept of Guardianship under Islamic and Christian Law 

5.3 Guardianship and Wards Act, 1869

Unit-5
Teaching Hours:5
MINORITY AND GUARDIANSHIP
 

5.1 The Hindu Minority and Guardianship Act, 1956, 

5.2 Concept of Guardianship under Islamic and Christian Law 

5.3 Guardianship and Wards Act, 1869

Unit-5
Teaching Hours:5
MINORITY AND GUARDIANSHIP
 

5.1 The Hindu Minority and Guardianship Act, 1956, 

5.2 Concept of Guardianship under Islamic and Christian Law 

5.3 Guardianship and Wards Act, 1869

Unit-5
Teaching Hours:5
MINORITY AND GUARDIANSHIP
 

5.1 The Hindu Minority and Guardianship Act, 1956, 

5.2 Concept of Guardianship under Islamic and Christian Law 

5.3 Guardianship and Wards Act, 1869

Unit-5
Teaching Hours:5
MINORITY AND GUARDIANSHIP
 

5.1 The Hindu Minority and Guardianship Act, 1956, 

5.2 Concept of Guardianship under Islamic and Christian Law 

5.3 Guardianship and Wards Act, 1869

Text Books And Reference Books:

1.    Satyajeet A Desai, Mulla Hindu Law, LexisNexis, 2018, 23rd ed.

Paras Diwan, Modern Hindu Law, Allahabad Law Agency Faridabad, 22nded. 2014. 

Tahir Mahmood, Introduction to Hindu Law, Universal Law Publishing Co. 2014

Tahir Mahmood Introduction to Muslim Law, Universal Law Publishing Co. 2nd Ed., 2017. 

Asaf A A Fyzee Outlines of Muhammadan Law, Oxford University Press, 2011, 5th ed.

Mulla Principles Mahomedan Law, LexisNexis, 2019, 21st ed.  

Kusum. Cases and Materials on Family Law. New Delhi: Universal Law Publishing Co., 2007. Hidayatullah, M., and Arshad Hidayatullah. Mulla’s Principles of Mohamedan Law, 19 th ed. New Delhi: LexisNexis Butterworths, 2006. 

Champappilly, Sebastian (Dr). Marriage, Adoption and Guardianship and Canon Law on Marriage, Cochin: Southern Law Publishers. 

Essential Reading / Recommended Reading

 1. Adoption Laws: Need to Reform, EPW  Vol. 37, No. 38 (Sep. 21-27, 2002), pp. 3891-3893 available at http://www.jstor.org/stable/4412629

2. Mary Ruth Colby, “Progress in Adoption Laws”Social Service Review

3. Vol. 16, No. 1 (Mar., 1942), pp. 64-74 available at http://www.jstor.org/stable/30013826

4. Ayan Roy, A study of Guardianship of person and property under Muslim law at www.ssrn.com

5. Ali Raza Naqvi, Adoption in Muslim Law, Islamic Studies Vol. 19 No. 4 (winter 1980) pp. 283-302 at http://www.jstor.org

6. T. L. Venkatarama Aiyar, “Introduction to Modern HinduSchool of Oriental and African Studies, University of London Vol. 29, No. 1  (1966), pp. 172-174 available at http://www.jstor.org/stable/611121

7. Sukanya Narain, Discriminative Provisions of Islamic Law of Inheritance Against Women, atwww.ssrn.com

8. K N. Saxena, “Widow’s Right of Succession in India” The American Journal of ComparativeLawVol. 11, No. 4 (Autumn, 1962), pp. 574-585 available at http://www.jstor.org/stable/838221

9. Sukanya Narain, Discriminative Provisions of Islamic Law of Inheritance Against Women, at www.ssrn.com

10. Z. Badawi, the Role of the Church in developing the Law: An Islamic Response, Journal of Medical ethics, Vol. 28, (Aug 2002) p.223.Law Commission Report 208 & 209, on Succession at www.lawcommissionofindia.nic.in.

11. P.L, Paruck, The Indian Succession Act 1925, The International and Comparative law quarterly Vol 16, No. 2, pp. 582, Apr. 1967. At  http://www.jstor.org

Evaluation Pattern

SCHEME OF VALUATION

     CIA I – Class Test / Assignment / Presentation            – 10%

     CIA II – Mid Semester Examination                                 – 25% 

     CIA III – Research Topic                                                     – 10% 

     Attendance                                                                            – 05% 

     End Semester Examination                                                – 50% 

 

                                                                                                TOTAL 100%

LAW653 - COMPANY LAW II (2022 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:5

Course Objectives/Course Description

 

In Company Law II, Unit 1 seeks to introduce the powers of a Board vis-a-vis a General Meeting given statutory provisions and precedents. Unit 2 gives a bird's eye view of the composition and power equation of a Board. Unit 3 is designed to give a comprehensive account of Meetings. Unit 4 aims at one of the debated issues, viz., accounts and audit. While Unit 5 speaks about the financial implications in light of dividends, Unit 6 deals with majority rule. Unit 7 emphasizes the liquidation of a company and winding up.

 

Company Law-II aims to

      Facilitate the analysis and application of legal principles in resolving the issues connected with company meetings, management and winding up of registered companies.

      Enable the students to understand the basic principles connected with minority shareholders protection.

      Critically evaluate the issues in the administration and management of the company.

·       Apply the principle of parity of treatment in distribution of assets during winding up of companies and cater to UN SDG -to Create Decent Work and Economic Growth, Increase Industry, Innovation, and Infrastructure

 Encourage entrepreneurship, and enable the students to understand the importance and need of corporate social responsibility in companies, the importance of public-private partnerships, and the need to promote ethical behavior in governing companies.

Learning Outcome

CO1: Identify and explain the legal issues in the administration and management of a registered company.

CO2: Apply and critique the efficacy of those principles in the working of Modern Corporations.

CO3: Apply and solve national and international corporate governance issues and to evaluate the efficiency of corporate governance in India.

CO4: Analyze the principles laid down for the appointment of directors along with leading case laws.

CO5: Build an argument on different corporate issues and apply the learned principles in a corporate environment

Unit-1
Teaching Hours:8
Division of powers between the shareholders and board of directors.
 

Powers of the Board: The rule in Curningham’s case, Restriction on the Powers of Board – Statutory & Contractual, Statutory Provisions Conferring powers on Board and General Meeting and Role of Shareholders.

Unit-1
Teaching Hours:8
Division of powers between the shareholders and board of directors.
 

Powers of the Board: The rule in Curningham’s case, Restriction on the Powers of Board – Statutory & Contractual, Statutory Provisions Conferring powers on Board and General Meeting and Role of Shareholders.

Unit-1
Teaching Hours:8
Division of powers between the shareholders and board of directors.
 

Powers of the Board: The rule in Curningham’s case, Restriction on the Powers of Board – Statutory & Contractual, Statutory Provisions Conferring powers on Board and General Meeting and Role of Shareholders.

Unit-1
Teaching Hours:8
Division of powers between the shareholders and board of directors.
 

Powers of the Board: The rule in Curningham’s case, Restriction on the Powers of Board – Statutory & Contractual, Statutory Provisions Conferring powers on Board and General Meeting and Role of Shareholders.

Unit-1
Teaching Hours:8
Division of powers between the shareholders and board of directors.
 

Powers of the Board: The rule in Curningham’s case, Restriction on the Powers of Board – Statutory & Contractual, Statutory Provisions Conferring powers on Board and General Meeting and Role of Shareholders.

Unit-1
Teaching Hours:8
Division of powers between the shareholders and board of directors.
 

Powers of the Board: The rule in Curningham’s case, Restriction on the Powers of Board – Statutory & Contractual, Statutory Provisions Conferring powers on Board and General Meeting and Role of Shareholders.

Unit-1
Teaching Hours:8
Division of powers between the shareholders and board of directors.
 

Powers of the Board: The rule in Curningham’s case, Restriction on the Powers of Board – Statutory & Contractual, Statutory Provisions Conferring powers on Board and General Meeting and Role of Shareholders.

Unit-1
Teaching Hours:8
Division of powers between the shareholders and board of directors.
 

Powers of the Board: The rule in Curningham’s case, Restriction on the Powers of Board – Statutory & Contractual, Statutory Provisions Conferring powers on Board and General Meeting and Role of Shareholders.

Unit-1
Teaching Hours:8
Division of powers between the shareholders and board of directors.
 

Powers of the Board: The rule in Curningham’s case, Restriction on the Powers of Board – Statutory & Contractual, Statutory Provisions Conferring powers on Board and General Meeting and Role of Shareholders.

Unit-2
Teaching Hours:8
BOARD OF DIRECTORS
 

Board of Directors – Legal nature of the office of directors, Composition of the board, Qualification, Disqualification of the Directors, Categories of Directors, Additional Directors, Alternate Directors, Directors who fill Casual Vacancies, Nominee Directors, Government Director, Executive and Non-executive Directors, Whole Time & Part Time Directors, Independent Directors and Their Role, Shadow Directors. – Structure of the BoardAppointment of Directors and Allied matters, Qualifications and Disqualifications of Directors, Termination of Office of Directors – Publicity Regarding Directorship, Functioning of the Board – Remuneration of Directors Other Than Managerial Personnel – Committees of Board of Directors – Audit Committee, Remuneration Committee – Constituencies to which the directors owe duties, Fiduciary duty, Duty of care and skill, Statutory duties. Environmental, Social and Governance (ESG) in corporate decision making.

Unit-2
Teaching Hours:8
BOARD OF DIRECTORS
 

Board of Directors – Legal nature of the office of directors, Composition of the board, Qualification, Disqualification of the Directors, Categories of Directors, Additional Directors, Alternate Directors, Directors who fill Casual Vacancies, Nominee Directors, Government Director, Executive and Non-executive Directors, Whole Time & Part Time Directors, Independent Directors and Their Role, Shadow Directors. – Structure of the BoardAppointment of Directors and Allied matters, Qualifications and Disqualifications of Directors, Termination of Office of Directors – Publicity Regarding Directorship, Functioning of the Board – Remuneration of Directors Other Than Managerial Personnel – Committees of Board of Directors – Audit Committee, Remuneration Committee – Constituencies to which the directors owe duties, Fiduciary duty, Duty of care and skill, Statutory duties. Environmental, Social and Governance (ESG) in corporate decision making.

Unit-2
Teaching Hours:8
BOARD OF DIRECTORS
 

Board of Directors – Legal nature of the office of directors, Composition of the board, Qualification, Disqualification of the Directors, Categories of Directors, Additional Directors, Alternate Directors, Directors who fill Casual Vacancies, Nominee Directors, Government Director, Executive and Non-executive Directors, Whole Time & Part Time Directors, Independent Directors and Their Role, Shadow Directors. – Structure of the BoardAppointment of Directors and Allied matters, Qualifications and Disqualifications of Directors, Termination of Office of Directors – Publicity Regarding Directorship, Functioning of the Board – Remuneration of Directors Other Than Managerial Personnel – Committees of Board of Directors – Audit Committee, Remuneration Committee – Constituencies to which the directors owe duties, Fiduciary duty, Duty of care and skill, Statutory duties. Environmental, Social and Governance (ESG) in corporate decision making.

Unit-2
Teaching Hours:8
BOARD OF DIRECTORS
 

Board of Directors – Legal nature of the office of directors, Composition of the board, Qualification, Disqualification of the Directors, Categories of Directors, Additional Directors, Alternate Directors, Directors who fill Casual Vacancies, Nominee Directors, Government Director, Executive and Non-executive Directors, Whole Time & Part Time Directors, Independent Directors and Their Role, Shadow Directors. – Structure of the BoardAppointment of Directors and Allied matters, Qualifications and Disqualifications of Directors, Termination of Office of Directors – Publicity Regarding Directorship, Functioning of the Board – Remuneration of Directors Other Than Managerial Personnel – Committees of Board of Directors – Audit Committee, Remuneration Committee – Constituencies to which the directors owe duties, Fiduciary duty, Duty of care and skill, Statutory duties. Environmental, Social and Governance (ESG) in corporate decision making.

Unit-2
Teaching Hours:8
BOARD OF DIRECTORS
 

Board of Directors – Legal nature of the office of directors, Composition of the board, Qualification, Disqualification of the Directors, Categories of Directors, Additional Directors, Alternate Directors, Directors who fill Casual Vacancies, Nominee Directors, Government Director, Executive and Non-executive Directors, Whole Time & Part Time Directors, Independent Directors and Their Role, Shadow Directors. – Structure of the BoardAppointment of Directors and Allied matters, Qualifications and Disqualifications of Directors, Termination of Office of Directors – Publicity Regarding Directorship, Functioning of the Board – Remuneration of Directors Other Than Managerial Personnel – Committees of Board of Directors – Audit Committee, Remuneration Committee – Constituencies to which the directors owe duties, Fiduciary duty, Duty of care and skill, Statutory duties. Environmental, Social and Governance (ESG) in corporate decision making.

Unit-2
Teaching Hours:8
BOARD OF DIRECTORS
 

Board of Directors – Legal nature of the office of directors, Composition of the board, Qualification, Disqualification of the Directors, Categories of Directors, Additional Directors, Alternate Directors, Directors who fill Casual Vacancies, Nominee Directors, Government Director, Executive and Non-executive Directors, Whole Time & Part Time Directors, Independent Directors and Their Role, Shadow Directors. – Structure of the BoardAppointment of Directors and Allied matters, Qualifications and Disqualifications of Directors, Termination of Office of Directors – Publicity Regarding Directorship, Functioning of the Board – Remuneration of Directors Other Than Managerial Personnel – Committees of Board of Directors – Audit Committee, Remuneration Committee – Constituencies to which the directors owe duties, Fiduciary duty, Duty of care and skill, Statutory duties. Environmental, Social and Governance (ESG) in corporate decision making.

Unit-2
Teaching Hours:8
BOARD OF DIRECTORS
 

Board of Directors – Legal nature of the office of directors, Composition of the board, Qualification, Disqualification of the Directors, Categories of Directors, Additional Directors, Alternate Directors, Directors who fill Casual Vacancies, Nominee Directors, Government Director, Executive and Non-executive Directors, Whole Time & Part Time Directors, Independent Directors and Their Role, Shadow Directors. – Structure of the BoardAppointment of Directors and Allied matters, Qualifications and Disqualifications of Directors, Termination of Office of Directors – Publicity Regarding Directorship, Functioning of the Board – Remuneration of Directors Other Than Managerial Personnel – Committees of Board of Directors – Audit Committee, Remuneration Committee – Constituencies to which the directors owe duties, Fiduciary duty, Duty of care and skill, Statutory duties. Environmental, Social and Governance (ESG) in corporate decision making.

Unit-2
Teaching Hours:8
BOARD OF DIRECTORS
 

Board of Directors – Legal nature of the office of directors, Composition of the board, Qualification, Disqualification of the Directors, Categories of Directors, Additional Directors, Alternate Directors, Directors who fill Casual Vacancies, Nominee Directors, Government Director, Executive and Non-executive Directors, Whole Time & Part Time Directors, Independent Directors and Their Role, Shadow Directors. – Structure of the BoardAppointment of Directors and Allied matters, Qualifications and Disqualifications of Directors, Termination of Office of Directors – Publicity Regarding Directorship, Functioning of the Board – Remuneration of Directors Other Than Managerial Personnel – Committees of Board of Directors – Audit Committee, Remuneration Committee – Constituencies to which the directors owe duties, Fiduciary duty, Duty of care and skill, Statutory duties. Environmental, Social and Governance (ESG) in corporate decision making.

Unit-2
Teaching Hours:8
BOARD OF DIRECTORS
 

Board of Directors – Legal nature of the office of directors, Composition of the board, Qualification, Disqualification of the Directors, Categories of Directors, Additional Directors, Alternate Directors, Directors who fill Casual Vacancies, Nominee Directors, Government Director, Executive and Non-executive Directors, Whole Time & Part Time Directors, Independent Directors and Their Role, Shadow Directors. – Structure of the BoardAppointment of Directors and Allied matters, Qualifications and Disqualifications of Directors, Termination of Office of Directors – Publicity Regarding Directorship, Functioning of the Board – Remuneration of Directors Other Than Managerial Personnel – Committees of Board of Directors – Audit Committee, Remuneration Committee – Constituencies to which the directors owe duties, Fiduciary duty, Duty of care and skill, Statutory duties. Environmental, Social and Governance (ESG) in corporate decision making.

Unit-3
Teaching Hours:7
MEETINGS
 

General Meeting as an Organ of the Company and its OperationTypes of Meetings, Transaction of the Business by the General Meeting. Poll, voting, resolutions, Proxy, passing resolution by postal ballot. Procedural Requirements with regard to General Meeting.

Unit-3
Teaching Hours:7
MEETINGS
 

General Meeting as an Organ of the Company and its OperationTypes of Meetings, Transaction of the Business by the General Meeting. Poll, voting, resolutions, Proxy, passing resolution by postal ballot. Procedural Requirements with regard to General Meeting.

Unit-3
Teaching Hours:7
MEETINGS
 

General Meeting as an Organ of the Company and its OperationTypes of Meetings, Transaction of the Business by the General Meeting. Poll, voting, resolutions, Proxy, passing resolution by postal ballot. Procedural Requirements with regard to General Meeting.

Unit-3
Teaching Hours:7
MEETINGS
 

General Meeting as an Organ of the Company and its OperationTypes of Meetings, Transaction of the Business by the General Meeting. Poll, voting, resolutions, Proxy, passing resolution by postal ballot. Procedural Requirements with regard to General Meeting.

Unit-3
Teaching Hours:7
MEETINGS
 

General Meeting as an Organ of the Company and its OperationTypes of Meetings, Transaction of the Business by the General Meeting. Poll, voting, resolutions, Proxy, passing resolution by postal ballot. Procedural Requirements with regard to General Meeting.

Unit-3
Teaching Hours:7
MEETINGS
 

General Meeting as an Organ of the Company and its OperationTypes of Meetings, Transaction of the Business by the General Meeting. Poll, voting, resolutions, Proxy, passing resolution by postal ballot. Procedural Requirements with regard to General Meeting.

Unit-3
Teaching Hours:7
MEETINGS
 

General Meeting as an Organ of the Company and its OperationTypes of Meetings, Transaction of the Business by the General Meeting. Poll, voting, resolutions, Proxy, passing resolution by postal ballot. Procedural Requirements with regard to General Meeting.

Unit-3
Teaching Hours:7
MEETINGS
 

General Meeting as an Organ of the Company and its OperationTypes of Meetings, Transaction of the Business by the General Meeting. Poll, voting, resolutions, Proxy, passing resolution by postal ballot. Procedural Requirements with regard to General Meeting.

Unit-3
Teaching Hours:7
MEETINGS
 

General Meeting as an Organ of the Company and its OperationTypes of Meetings, Transaction of the Business by the General Meeting. Poll, voting, resolutions, Proxy, passing resolution by postal ballot. Procedural Requirements with regard to General Meeting.

Unit-4
Teaching Hours:7
ACCOUNTS AND AUDIT
 

Accounts: Statutory books of accounts to be kept by the companies – Documents to be attached to Balance Sheet – Significance of Balance Sheet, Revision and reopening of the books of accounts. Prescription of Accounting Standards – National Advisory Committee on Accounting Standards, Balance sheet and Profit and Loss Account – Authentication, Significance, Statements in the Balance Sheet, Legal Implications, Accounts of Branch Offices – Publicity with Respect to Account – Persons Having the Right to Inspect Books of Account – Directors’ Report and Responsibility statement.

 

Statutory Auditing: Position, powers and duties of statutory auditors – Fiduciary Duties – Duties of Care and skill, Constituencies to Which Statutory Auditors Owe Duties, Qualifications & Disqualifications of Statutory Auditors, Mode of Appointment and Removal, Tenure, Remuneration, Auditing of Government Companies

Unit-4
Teaching Hours:7
ACCOUNTS AND AUDIT
 

Accounts: Statutory books of accounts to be kept by the companies – Documents to be attached to Balance Sheet – Significance of Balance Sheet, Revision and reopening of the books of accounts. Prescription of Accounting Standards – National Advisory Committee on Accounting Standards, Balance sheet and Profit and Loss Account – Authentication, Significance, Statements in the Balance Sheet, Legal Implications, Accounts of Branch Offices – Publicity with Respect to Account – Persons Having the Right to Inspect Books of Account – Directors’ Report and Responsibility statement.

 

Statutory Auditing: Position, powers and duties of statutory auditors – Fiduciary Duties – Duties of Care and skill, Constituencies to Which Statutory Auditors Owe Duties, Qualifications & Disqualifications of Statutory Auditors, Mode of Appointment and Removal, Tenure, Remuneration, Auditing of Government Companies

Unit-4
Teaching Hours:7
ACCOUNTS AND AUDIT
 

Accounts: Statutory books of accounts to be kept by the companies – Documents to be attached to Balance Sheet – Significance of Balance Sheet, Revision and reopening of the books of accounts. Prescription of Accounting Standards – National Advisory Committee on Accounting Standards, Balance sheet and Profit and Loss Account – Authentication, Significance, Statements in the Balance Sheet, Legal Implications, Accounts of Branch Offices – Publicity with Respect to Account – Persons Having the Right to Inspect Books of Account – Directors’ Report and Responsibility statement.

 

Statutory Auditing: Position, powers and duties of statutory auditors – Fiduciary Duties – Duties of Care and skill, Constituencies to Which Statutory Auditors Owe Duties, Qualifications & Disqualifications of Statutory Auditors, Mode of Appointment and Removal, Tenure, Remuneration, Auditing of Government Companies

Unit-4
Teaching Hours:7
ACCOUNTS AND AUDIT
 

Accounts: Statutory books of accounts to be kept by the companies – Documents to be attached to Balance Sheet – Significance of Balance Sheet, Revision and reopening of the books of accounts. Prescription of Accounting Standards – National Advisory Committee on Accounting Standards, Balance sheet and Profit and Loss Account – Authentication, Significance, Statements in the Balance Sheet, Legal Implications, Accounts of Branch Offices – Publicity with Respect to Account – Persons Having the Right to Inspect Books of Account – Directors’ Report and Responsibility statement.

 

Statutory Auditing: Position, powers and duties of statutory auditors – Fiduciary Duties – Duties of Care and skill, Constituencies to Which Statutory Auditors Owe Duties, Qualifications & Disqualifications of Statutory Auditors, Mode of Appointment and Removal, Tenure, Remuneration, Auditing of Government Companies

Unit-4
Teaching Hours:7
ACCOUNTS AND AUDIT
 

Accounts: Statutory books of accounts to be kept by the companies – Documents to be attached to Balance Sheet – Significance of Balance Sheet, Revision and reopening of the books of accounts. Prescription of Accounting Standards – National Advisory Committee on Accounting Standards, Balance sheet and Profit and Loss Account – Authentication, Significance, Statements in the Balance Sheet, Legal Implications, Accounts of Branch Offices – Publicity with Respect to Account – Persons Having the Right to Inspect Books of Account – Directors’ Report and Responsibility statement.

 

Statutory Auditing: Position, powers and duties of statutory auditors – Fiduciary Duties – Duties of Care and skill, Constituencies to Which Statutory Auditors Owe Duties, Qualifications & Disqualifications of Statutory Auditors, Mode of Appointment and Removal, Tenure, Remuneration, Auditing of Government Companies

Unit-4
Teaching Hours:7
ACCOUNTS AND AUDIT
 

Accounts: Statutory books of accounts to be kept by the companies – Documents to be attached to Balance Sheet – Significance of Balance Sheet, Revision and reopening of the books of accounts. Prescription of Accounting Standards – National Advisory Committee on Accounting Standards, Balance sheet and Profit and Loss Account – Authentication, Significance, Statements in the Balance Sheet, Legal Implications, Accounts of Branch Offices – Publicity with Respect to Account – Persons Having the Right to Inspect Books of Account – Directors’ Report and Responsibility statement.

 

Statutory Auditing: Position, powers and duties of statutory auditors – Fiduciary Duties – Duties of Care and skill, Constituencies to Which Statutory Auditors Owe Duties, Qualifications & Disqualifications of Statutory Auditors, Mode of Appointment and Removal, Tenure, Remuneration, Auditing of Government Companies

Unit-4
Teaching Hours:7
ACCOUNTS AND AUDIT
 

Accounts: Statutory books of accounts to be kept by the companies – Documents to be attached to Balance Sheet – Significance of Balance Sheet, Revision and reopening of the books of accounts. Prescription of Accounting Standards – National Advisory Committee on Accounting Standards, Balance sheet and Profit and Loss Account – Authentication, Significance, Statements in the Balance Sheet, Legal Implications, Accounts of Branch Offices – Publicity with Respect to Account – Persons Having the Right to Inspect Books of Account – Directors’ Report and Responsibility statement.

 

Statutory Auditing: Position, powers and duties of statutory auditors – Fiduciary Duties – Duties of Care and skill, Constituencies to Which Statutory Auditors Owe Duties, Qualifications & Disqualifications of Statutory Auditors, Mode of Appointment and Removal, Tenure, Remuneration, Auditing of Government Companies

Unit-4
Teaching Hours:7
ACCOUNTS AND AUDIT
 

Accounts: Statutory books of accounts to be kept by the companies – Documents to be attached to Balance Sheet – Significance of Balance Sheet, Revision and reopening of the books of accounts. Prescription of Accounting Standards – National Advisory Committee on Accounting Standards, Balance sheet and Profit and Loss Account – Authentication, Significance, Statements in the Balance Sheet, Legal Implications, Accounts of Branch Offices – Publicity with Respect to Account – Persons Having the Right to Inspect Books of Account – Directors’ Report and Responsibility statement.

 

Statutory Auditing: Position, powers and duties of statutory auditors – Fiduciary Duties – Duties of Care and skill, Constituencies to Which Statutory Auditors Owe Duties, Qualifications & Disqualifications of Statutory Auditors, Mode of Appointment and Removal, Tenure, Remuneration, Auditing of Government Companies

Unit-4
Teaching Hours:7
ACCOUNTS AND AUDIT
 

Accounts: Statutory books of accounts to be kept by the companies – Documents to be attached to Balance Sheet – Significance of Balance Sheet, Revision and reopening of the books of accounts. Prescription of Accounting Standards – National Advisory Committee on Accounting Standards, Balance sheet and Profit and Loss Account – Authentication, Significance, Statements in the Balance Sheet, Legal Implications, Accounts of Branch Offices – Publicity with Respect to Account – Persons Having the Right to Inspect Books of Account – Directors’ Report and Responsibility statement.

 

Statutory Auditing: Position, powers and duties of statutory auditors – Fiduciary Duties – Duties of Care and skill, Constituencies to Which Statutory Auditors Owe Duties, Qualifications & Disqualifications of Statutory Auditors, Mode of Appointment and Removal, Tenure, Remuneration, Auditing of Government Companies

Unit-5
Teaching Hours:7
DIVIDEND
 

Meaning and Nature of Dividend – Entitlement to Dividend – Cumulative Dividend – Asset available for Declaration of Dividend – ‘Profits’ and ‘Distributable Profits’ – Declaration of Dividend – Interim Dividend – Effect of Declaration and Payment of Dividend not out of Distributable Profits – Effect of Non-payment of Dividend.

Unit-5
Teaching Hours:7
DIVIDEND
 

Meaning and Nature of Dividend – Entitlement to Dividend – Cumulative Dividend – Asset available for Declaration of Dividend – ‘Profits’ and ‘Distributable Profits’ – Declaration of Dividend – Interim Dividend – Effect of Declaration and Payment of Dividend not out of Distributable Profits – Effect of Non-payment of Dividend.

Unit-5
Teaching Hours:7
DIVIDEND
 

Meaning and Nature of Dividend – Entitlement to Dividend – Cumulative Dividend – Asset available for Declaration of Dividend – ‘Profits’ and ‘Distributable Profits’ – Declaration of Dividend – Interim Dividend – Effect of Declaration and Payment of Dividend not out of Distributable Profits – Effect of Non-payment of Dividend.

Unit-5
Teaching Hours:7
DIVIDEND
 

Meaning and Nature of Dividend – Entitlement to Dividend – Cumulative Dividend – Asset available for Declaration of Dividend – ‘Profits’ and ‘Distributable Profits’ – Declaration of Dividend – Interim Dividend – Effect of Declaration and Payment of Dividend not out of Distributable Profits – Effect of Non-payment of Dividend.

Unit-5
Teaching Hours:7
DIVIDEND
 

Meaning and Nature of Dividend – Entitlement to Dividend – Cumulative Dividend – Asset available for Declaration of Dividend – ‘Profits’ and ‘Distributable Profits’ – Declaration of Dividend – Interim Dividend – Effect of Declaration and Payment of Dividend not out of Distributable Profits – Effect of Non-payment of Dividend.

Unit-5
Teaching Hours:7
DIVIDEND
 

Meaning and Nature of Dividend – Entitlement to Dividend – Cumulative Dividend – Asset available for Declaration of Dividend – ‘Profits’ and ‘Distributable Profits’ – Declaration of Dividend – Interim Dividend – Effect of Declaration and Payment of Dividend not out of Distributable Profits – Effect of Non-payment of Dividend.

Unit-5
Teaching Hours:7
DIVIDEND
 

Meaning and Nature of Dividend – Entitlement to Dividend – Cumulative Dividend – Asset available for Declaration of Dividend – ‘Profits’ and ‘Distributable Profits’ – Declaration of Dividend – Interim Dividend – Effect of Declaration and Payment of Dividend not out of Distributable Profits – Effect of Non-payment of Dividend.

Unit-5
Teaching Hours:7
DIVIDEND
 

Meaning and Nature of Dividend – Entitlement to Dividend – Cumulative Dividend – Asset available for Declaration of Dividend – ‘Profits’ and ‘Distributable Profits’ – Declaration of Dividend – Interim Dividend – Effect of Declaration and Payment of Dividend not out of Distributable Profits – Effect of Non-payment of Dividend.

Unit-5
Teaching Hours:7
DIVIDEND
 

Meaning and Nature of Dividend – Entitlement to Dividend – Cumulative Dividend – Asset available for Declaration of Dividend – ‘Profits’ and ‘Distributable Profits’ – Declaration of Dividend – Interim Dividend – Effect of Declaration and Payment of Dividend not out of Distributable Profits – Effect of Non-payment of Dividend.

Unit-6
Teaching Hours:7
MAJORITY RULE
 

Rule in Foss v. Harbottle and exceptions, Ratifiability of irregular acts. Oppression & Mismanagement” and legal remedies for oppression and mis-management.

Unit-6
Teaching Hours:7
MAJORITY RULE
 

Rule in Foss v. Harbottle and exceptions, Ratifiability of irregular acts. Oppression & Mismanagement” and legal remedies for oppression and mis-management.

Unit-6
Teaching Hours:7
MAJORITY RULE
 

Rule in Foss v. Harbottle and exceptions, Ratifiability of irregular acts. Oppression & Mismanagement” and legal remedies for oppression and mis-management.

Unit-6
Teaching Hours:7
MAJORITY RULE
 

Rule in Foss v. Harbottle and exceptions, Ratifiability of irregular acts. Oppression & Mismanagement” and legal remedies for oppression and mis-management.

Unit-6
Teaching Hours:7
MAJORITY RULE
 

Rule in Foss v. Harbottle and exceptions, Ratifiability of irregular acts. Oppression & Mismanagement” and legal remedies for oppression and mis-management.

Unit-6
Teaching Hours:7
MAJORITY RULE
 

Rule in Foss v. Harbottle and exceptions, Ratifiability of irregular acts. Oppression & Mismanagement” and legal remedies for oppression and mis-management.

Unit-6
Teaching Hours:7
MAJORITY RULE
 

Rule in Foss v. Harbottle and exceptions, Ratifiability of irregular acts. Oppression & Mismanagement” and legal remedies for oppression and mis-management.

Unit-6
Teaching Hours:7
MAJORITY RULE
 

Rule in Foss v. Harbottle and exceptions, Ratifiability of irregular acts. Oppression & Mismanagement” and legal remedies for oppression and mis-management.

Unit-6
Teaching Hours:7
MAJORITY RULE
 

Rule in Foss v. Harbottle and exceptions, Ratifiability of irregular acts. Oppression & Mismanagement” and legal remedies for oppression and mis-management.

Unit-7
Teaching Hours:7
COMPANY LIQUIDATION ? COMPULSORY AND VOLUNTARY WINDING-UP ON OVERVIEW
 

An overview of Compromises and Arrangements - Schemes, types, and procedure (S. 230-239). Kinds of liquidation, Grounds for Compulsory Winding Up, Commencement and Consequences of Winding Up Order, who can File Winding Up Petition? Position, Powers and Duties of Liquidator, The Role of Court in Compulsory Winding up.

 

Fraudulent Trading, Misfeasance Proceedings, Public and Private examination, Effect of Winding Up on Antecedent Transactions, Realization of Assets and Distributions of Assets in Winding Up Position of Secured Creditors, Government and Employees. – Contributories right to set off, Avoidance of transfers etc. Offenses in winding up, Dissolution of companies through winding up. 

Unit-7
Teaching Hours:7
COMPANY LIQUIDATION ? COMPULSORY AND VOLUNTARY WINDING-UP ON OVERVIEW
 

An overview of Compromises and Arrangements - Schemes, types, and procedure (S. 230-239). Kinds of liquidation, Grounds for Compulsory Winding Up, Commencement and Consequences of Winding Up Order, who can File Winding Up Petition? Position, Powers and Duties of Liquidator, The Role of Court in Compulsory Winding up.

 

Fraudulent Trading, Misfeasance Proceedings, Public and Private examination, Effect of Winding Up on Antecedent Transactions, Realization of Assets and Distributions of Assets in Winding Up Position of Secured Creditors, Government and Employees. – Contributories right to set off, Avoidance of transfers etc. Offenses in winding up, Dissolution of companies through winding up. 

Unit-7
Teaching Hours:7
COMPANY LIQUIDATION ? COMPULSORY AND VOLUNTARY WINDING-UP ON OVERVIEW
 

An overview of Compromises and Arrangements - Schemes, types, and procedure (S. 230-239). Kinds of liquidation, Grounds for Compulsory Winding Up, Commencement and Consequences of Winding Up Order, who can File Winding Up Petition? Position, Powers and Duties of Liquidator, The Role of Court in Compulsory Winding up.

 

Fraudulent Trading, Misfeasance Proceedings, Public and Private examination, Effect of Winding Up on Antecedent Transactions, Realization of Assets and Distributions of Assets in Winding Up Position of Secured Creditors, Government and Employees. – Contributories right to set off, Avoidance of transfers etc. Offenses in winding up, Dissolution of companies through winding up. 

Unit-7
Teaching Hours:7
COMPANY LIQUIDATION ? COMPULSORY AND VOLUNTARY WINDING-UP ON OVERVIEW
 

An overview of Compromises and Arrangements - Schemes, types, and procedure (S. 230-239). Kinds of liquidation, Grounds for Compulsory Winding Up, Commencement and Consequences of Winding Up Order, who can File Winding Up Petition? Position, Powers and Duties of Liquidator, The Role of Court in Compulsory Winding up.

 

Fraudulent Trading, Misfeasance Proceedings, Public and Private examination, Effect of Winding Up on Antecedent Transactions, Realization of Assets and Distributions of Assets in Winding Up Position of Secured Creditors, Government and Employees. – Contributories right to set off, Avoidance of transfers etc. Offenses in winding up, Dissolution of companies through winding up. 

Unit-7
Teaching Hours:7
COMPANY LIQUIDATION ? COMPULSORY AND VOLUNTARY WINDING-UP ON OVERVIEW
 

An overview of Compromises and Arrangements - Schemes, types, and procedure (S. 230-239). Kinds of liquidation, Grounds for Compulsory Winding Up, Commencement and Consequences of Winding Up Order, who can File Winding Up Petition? Position, Powers and Duties of Liquidator, The Role of Court in Compulsory Winding up.

 

Fraudulent Trading, Misfeasance Proceedings, Public and Private examination, Effect of Winding Up on Antecedent Transactions, Realization of Assets and Distributions of Assets in Winding Up Position of Secured Creditors, Government and Employees. – Contributories right to set off, Avoidance of transfers etc. Offenses in winding up, Dissolution of companies through winding up. 

Unit-7
Teaching Hours:7
COMPANY LIQUIDATION ? COMPULSORY AND VOLUNTARY WINDING-UP ON OVERVIEW
 

An overview of Compromises and Arrangements - Schemes, types, and procedure (S. 230-239). Kinds of liquidation, Grounds for Compulsory Winding Up, Commencement and Consequences of Winding Up Order, who can File Winding Up Petition? Position, Powers and Duties of Liquidator, The Role of Court in Compulsory Winding up.

 

Fraudulent Trading, Misfeasance Proceedings, Public and Private examination, Effect of Winding Up on Antecedent Transactions, Realization of Assets and Distributions of Assets in Winding Up Position of Secured Creditors, Government and Employees. – Contributories right to set off, Avoidance of transfers etc. Offenses in winding up, Dissolution of companies through winding up. 

Unit-7
Teaching Hours:7
COMPANY LIQUIDATION ? COMPULSORY AND VOLUNTARY WINDING-UP ON OVERVIEW
 

An overview of Compromises and Arrangements - Schemes, types, and procedure (S. 230-239). Kinds of liquidation, Grounds for Compulsory Winding Up, Commencement and Consequences of Winding Up Order, who can File Winding Up Petition? Position, Powers and Duties of Liquidator, The Role of Court in Compulsory Winding up.

 

Fraudulent Trading, Misfeasance Proceedings, Public and Private examination, Effect of Winding Up on Antecedent Transactions, Realization of Assets and Distributions of Assets in Winding Up Position of Secured Creditors, Government and Employees. – Contributories right to set off, Avoidance of transfers etc. Offenses in winding up, Dissolution of companies through winding up. 

Unit-7
Teaching Hours:7
COMPANY LIQUIDATION ? COMPULSORY AND VOLUNTARY WINDING-UP ON OVERVIEW
 

An overview of Compromises and Arrangements - Schemes, types, and procedure (S. 230-239). Kinds of liquidation, Grounds for Compulsory Winding Up, Commencement and Consequences of Winding Up Order, who can File Winding Up Petition? Position, Powers and Duties of Liquidator, The Role of Court in Compulsory Winding up.

 

Fraudulent Trading, Misfeasance Proceedings, Public and Private examination, Effect of Winding Up on Antecedent Transactions, Realization of Assets and Distributions of Assets in Winding Up Position of Secured Creditors, Government and Employees. – Contributories right to set off, Avoidance of transfers etc. Offenses in winding up, Dissolution of companies through winding up. 

Unit-7
Teaching Hours:7
COMPANY LIQUIDATION ? COMPULSORY AND VOLUNTARY WINDING-UP ON OVERVIEW
 

An overview of Compromises and Arrangements - Schemes, types, and procedure (S. 230-239). Kinds of liquidation, Grounds for Compulsory Winding Up, Commencement and Consequences of Winding Up Order, who can File Winding Up Petition? Position, Powers and Duties of Liquidator, The Role of Court in Compulsory Winding up.

 

Fraudulent Trading, Misfeasance Proceedings, Public and Private examination, Effect of Winding Up on Antecedent Transactions, Realization of Assets and Distributions of Assets in Winding Up Position of Secured Creditors, Government and Employees. – Contributories right to set off, Avoidance of transfers etc. Offenses in winding up, Dissolution of companies through winding up. 

Text Books And Reference Books:

1. Taxmann's Companies Act with Rules, 35th Ed., 2021

2. Bharat's companies Act with Rules, 34th Ed., 2020

 

3. A.K.Mumbdar and G.K.Kapoor, Company Law and Practice, Taxmann's Publication

Essential Reading / Recommended Reading

1.     Prachi Manekar, Insights into the new Company Law, Lexis Nexis 2013.

2.     Nicholas Bourne, Bourne on Company Law, Routledge, 2017.

3.     Gower, L. C. B. Principles of Modern Company Law. London: Sweet and Maxwell, 11th Edition, 2021

4.     Palmer. Palmer’s Company Law. London: Stevans, 1987.

5.     Pennington R. R. Company Law. Butterworths, 8th Edition, Revised 2021.

6.     Ramaiya, Guide to the Companies Act. Wadha, 9th Edition, 2020.

7.   Sealy, L. S. Cases and Materials in Company Law. 2007.

Evaluation Pattern

Assessment outline: There are in all 5 components in the scheme of evaluation. Weightage for the components is indicated in percentage.

 

CIA I- Class Test carrying 20 marks - 10%

 

CIA II - Mid Semester Examination - 25%

 

CIA III - 10%

      Project Report:  Submission of Research report on a topic chosen by students.

 

 Attendance - 05%

 

 

End semester examination - 50%

LAW655 - LABOUR AND INDUSTRIAL LAW I (2022 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

COURSE DESCRIPTION

This course is designed to introduce students to the jurisprudence behind the evolution and development of Labour welfare legislations. It also covers the aspects concerning industrial disputes and their resolution. Emphasis is also laid on social security and other benefits provided under various statutes.

 

Unit 1 is designed to take stock of the jurisprudential facets of labour policy and underscores the need for industrial peace. It lays stress on the role played by the ILO in development of Labour Rights.  Unit 2 explains the evolution of  Principles of Labour Laws in India and also focuses on the Constitutional provisions of Labour Rights in India.  Unit 3 examines the all important aspect of resolution of industrial disputes from different angles as a means of ensuring industrial harmony.  Thereon it discusses the growth of trade unions, collective bargaining process as an important tool of workers and the rights and immunities of trade unions. Unit 4 discusses the social security measures for unorganized sector workers in India and analyses the stautory provisions of  select legislations relating to gurantee of Social Security to employees. Unit 5  looks into the paramount aspect of standing orders and the pragmatic requirements of domestic inquiry of workmen for misconduct and is also designed to discuss  the statutory provisions  of Karnataka Shops and Commercial Establishment Act, 1961

COURSE OBJECTIVES

  1. To enable the students to understand the history and nature of industrial jurisprudence
  2. To acquaint the students with the conceptual and operational parameters of the various issues relating to industrial relation between employer and employee and its impact on labour relations in India
  3. To identify and understand the law relating to the resolution of industrial disputes in India.
  4. To provide an overview of judicial perspective on the labour legislations
  5. To deal with the latest trend and developments in labour laws.

 

Learning Outcome

CO 1: Explain the evolution of industrial jurisprudence and principles of Labour legislations

CO 2: Analyze the conceptual frameworks behind enactment of the Labour legislations in India.

CO 3: Describe laws relating to resolution of industrial disputes and the roles played by trade unions in furtherance of collective bargaining and industrial disputes.

CO 4: Ascertain the social welfare schemes and legislations for Labour in India

CO 5: Ascertain and evaluate the regulation of working conditions of labour in National and Regional regime of India and to what extent they are followed.

Unit-1
Teaching Hours:12
INDUSTRIAL JURISPRUDENCE AND LABOUR
 

1.1 Labour Policy in India

1.2 Industrial Revolution in India

1.2.1 Evils of Industrialization - Economic Evils, Social Evils; Labour Problems

1.3 Industrial Peace and Industrial Harmony

1.4 Industrial Relations

1.5 Principles of Labour Legislations

1.5.1 Social Justice

1.5.2 Social Equity

1.5.3 Social Security

1.5.4 The role of ILO

Unit-1
Teaching Hours:12
INDUSTRIAL JURISPRUDENCE AND LABOUR
 

1.1 Labour Policy in India

1.2 Industrial Revolution in India

1.2.1 Evils of Industrialization - Economic Evils, Social Evils; Labour Problems

1.3 Industrial Peace and Industrial Harmony

1.4 Industrial Relations

1.5 Principles of Labour Legislations

1.5.1 Social Justice

1.5.2 Social Equity

1.5.3 Social Security

1.5.4 The role of ILO

Unit-1
Teaching Hours:12
INDUSTRIAL JURISPRUDENCE AND LABOUR
 

1.1 Labour Policy in India

1.2 Industrial Revolution in India

1.2.1 Evils of Industrialization - Economic Evils, Social Evils; Labour Problems

1.3 Industrial Peace and Industrial Harmony

1.4 Industrial Relations

1.5 Principles of Labour Legislations

1.5.1 Social Justice

1.5.2 Social Equity

1.5.3 Social Security

1.5.4 The role of ILO

Unit-1
Teaching Hours:12
INDUSTRIAL JURISPRUDENCE AND LABOUR
 

1.1 Labour Policy in India

1.2 Industrial Revolution in India

1.2.1 Evils of Industrialization - Economic Evils, Social Evils; Labour Problems

1.3 Industrial Peace and Industrial Harmony

1.4 Industrial Relations

1.5 Principles of Labour Legislations

1.5.1 Social Justice

1.5.2 Social Equity

1.5.3 Social Security

1.5.4 The role of ILO

Unit-1
Teaching Hours:12
INDUSTRIAL JURISPRUDENCE AND LABOUR
 

1.1 Labour Policy in India

1.2 Industrial Revolution in India

1.2.1 Evils of Industrialization - Economic Evils, Social Evils; Labour Problems

1.3 Industrial Peace and Industrial Harmony

1.4 Industrial Relations

1.5 Principles of Labour Legislations

1.5.1 Social Justice

1.5.2 Social Equity

1.5.3 Social Security

1.5.4 The role of ILO

Unit-1
Teaching Hours:12
INDUSTRIAL JURISPRUDENCE AND LABOUR
 

1.1 Labour Policy in India

1.2 Industrial Revolution in India

1.2.1 Evils of Industrialization - Economic Evils, Social Evils; Labour Problems

1.3 Industrial Peace and Industrial Harmony

1.4 Industrial Relations

1.5 Principles of Labour Legislations

1.5.1 Social Justice

1.5.2 Social Equity

1.5.3 Social Security

1.5.4 The role of ILO

Unit-2
Teaching Hours:12
NEED FOR LABOUR LEGISLATIONS IN INDIA
 

2.1 Growth of Labour Legislation in India

2.2 Industrial Adjudication

2.3 Role of courts in progressive interpretation of industrial laws.

2.4 Constitutional foundations

Unit-2
Teaching Hours:12
NEED FOR LABOUR LEGISLATIONS IN INDIA
 

2.1 Growth of Labour Legislation in India

2.2 Industrial Adjudication

2.3 Role of courts in progressive interpretation of industrial laws.

2.4 Constitutional foundations

Unit-2
Teaching Hours:12
NEED FOR LABOUR LEGISLATIONS IN INDIA
 

2.1 Growth of Labour Legislation in India

2.2 Industrial Adjudication

2.3 Role of courts in progressive interpretation of industrial laws.

2.4 Constitutional foundations

Unit-2
Teaching Hours:12
NEED FOR LABOUR LEGISLATIONS IN INDIA
 

2.1 Growth of Labour Legislation in India

2.2 Industrial Adjudication

2.3 Role of courts in progressive interpretation of industrial laws.

2.4 Constitutional foundations

Unit-2
Teaching Hours:12
NEED FOR LABOUR LEGISLATIONS IN INDIA
 

2.1 Growth of Labour Legislation in India

2.2 Industrial Adjudication

2.3 Role of courts in progressive interpretation of industrial laws.

2.4 Constitutional foundations

Unit-2
Teaching Hours:12
NEED FOR LABOUR LEGISLATIONS IN INDIA
 

2.1 Growth of Labour Legislation in India

2.2 Industrial Adjudication

2.3 Role of courts in progressive interpretation of industrial laws.

2.4 Constitutional foundations

Unit-3
Teaching Hours:12
REGULATION OF INDUSTRIAL DISPUTES IN INDIA
 

3.1 The Industrial Disputed Act, 1947

3.1.1 Scope and applicability of Act;

3.1.2 Definitions

3.1.3 Works Committee

3.1.4 Conciliation Officers and Board of Conciliation

3.1.5 Court of Inquiry

3.1.6 Labour Court

3.1.7 Industrial Tribunal

3.1.8 Powers and Duties of Authorities

3.1.9 Strikes & Lock Outs

3.1.10 Lay-Off, Retrenchment & Closure

3.1.11 Unfair Labour Practices

 

3.2 The Trade Unions Act, 1926

3.2.1 History of Trade Union Movement in India

3.2.2 Definitions

3.2.3 Registration of Trade Unions

3.2.4 Rights and Liabilities of Trade Unions

3.2.5 Immunities and Privileges of a Registered Trade Union

3.2.6 Collective Bargaining

3.2.7 Dissolution of Registered Trade Unions

3.2.8 Recognition of Trade Unions

Unit-3
Teaching Hours:12
REGULATION OF INDUSTRIAL DISPUTES IN INDIA
 

3.1 The Industrial Disputed Act, 1947

3.1.1 Scope and applicability of Act;

3.1.2 Definitions

3.1.3 Works Committee

3.1.4 Conciliation Officers and Board of Conciliation

3.1.5 Court of Inquiry

3.1.6 Labour Court

3.1.7 Industrial Tribunal

3.1.8 Powers and Duties of Authorities

3.1.9 Strikes & Lock Outs

3.1.10 Lay-Off, Retrenchment & Closure

3.1.11 Unfair Labour Practices

 

3.2 The Trade Unions Act, 1926

3.2.1 History of Trade Union Movement in India

3.2.2 Definitions

3.2.3 Registration of Trade Unions

3.2.4 Rights and Liabilities of Trade Unions

3.2.5 Immunities and Privileges of a Registered Trade Union

3.2.6 Collective Bargaining

3.2.7 Dissolution of Registered Trade Unions

3.2.8 Recognition of Trade Unions

Unit-3
Teaching Hours:12
REGULATION OF INDUSTRIAL DISPUTES IN INDIA
 

3.1 The Industrial Disputed Act, 1947

3.1.1 Scope and applicability of Act;

3.1.2 Definitions

3.1.3 Works Committee

3.1.4 Conciliation Officers and Board of Conciliation

3.1.5 Court of Inquiry

3.1.6 Labour Court

3.1.7 Industrial Tribunal

3.1.8 Powers and Duties of Authorities

3.1.9 Strikes & Lock Outs

3.1.10 Lay-Off, Retrenchment & Closure

3.1.11 Unfair Labour Practices

 

3.2 The Trade Unions Act, 1926

3.2.1 History of Trade Union Movement in India

3.2.2 Definitions

3.2.3 Registration of Trade Unions

3.2.4 Rights and Liabilities of Trade Unions

3.2.5 Immunities and Privileges of a Registered Trade Union

3.2.6 Collective Bargaining

3.2.7 Dissolution of Registered Trade Unions

3.2.8 Recognition of Trade Unions

Unit-3
Teaching Hours:12
REGULATION OF INDUSTRIAL DISPUTES IN INDIA
 

3.1 The Industrial Disputed Act, 1947

3.1.1 Scope and applicability of Act;

3.1.2 Definitions

3.1.3 Works Committee

3.1.4 Conciliation Officers and Board of Conciliation

3.1.5 Court of Inquiry

3.1.6 Labour Court

3.1.7 Industrial Tribunal

3.1.8 Powers and Duties of Authorities

3.1.9 Strikes & Lock Outs

3.1.10 Lay-Off, Retrenchment & Closure

3.1.11 Unfair Labour Practices

 

3.2 The Trade Unions Act, 1926

3.2.1 History of Trade Union Movement in India

3.2.2 Definitions

3.2.3 Registration of Trade Unions

3.2.4 Rights and Liabilities of Trade Unions

3.2.5 Immunities and Privileges of a Registered Trade Union

3.2.6 Collective Bargaining

3.2.7 Dissolution of Registered Trade Unions

3.2.8 Recognition of Trade Unions

Unit-3
Teaching Hours:12
REGULATION OF INDUSTRIAL DISPUTES IN INDIA
 

3.1 The Industrial Disputed Act, 1947

3.1.1 Scope and applicability of Act;

3.1.2 Definitions

3.1.3 Works Committee

3.1.4 Conciliation Officers and Board of Conciliation

3.1.5 Court of Inquiry

3.1.6 Labour Court

3.1.7 Industrial Tribunal

3.1.8 Powers and Duties of Authorities

3.1.9 Strikes & Lock Outs

3.1.10 Lay-Off, Retrenchment & Closure

3.1.11 Unfair Labour Practices

 

3.2 The Trade Unions Act, 1926

3.2.1 History of Trade Union Movement in India

3.2.2 Definitions

3.2.3 Registration of Trade Unions

3.2.4 Rights and Liabilities of Trade Unions

3.2.5 Immunities and Privileges of a Registered Trade Union

3.2.6 Collective Bargaining

3.2.7 Dissolution of Registered Trade Unions

3.2.8 Recognition of Trade Unions

Unit-3
Teaching Hours:12
REGULATION OF INDUSTRIAL DISPUTES IN INDIA
 

3.1 The Industrial Disputed Act, 1947

3.1.1 Scope and applicability of Act;

3.1.2 Definitions

3.1.3 Works Committee

3.1.4 Conciliation Officers and Board of Conciliation

3.1.5 Court of Inquiry

3.1.6 Labour Court

3.1.7 Industrial Tribunal

3.1.8 Powers and Duties of Authorities

3.1.9 Strikes & Lock Outs

3.1.10 Lay-Off, Retrenchment & Closure

3.1.11 Unfair Labour Practices

 

3.2 The Trade Unions Act, 1926

3.2.1 History of Trade Union Movement in India

3.2.2 Definitions

3.2.3 Registration of Trade Unions

3.2.4 Rights and Liabilities of Trade Unions

3.2.5 Immunities and Privileges of a Registered Trade Union

3.2.6 Collective Bargaining

3.2.7 Dissolution of Registered Trade Unions

3.2.8 Recognition of Trade Unions

Unit-4
Teaching Hours:12
LABOUR AND SOCIAL SECURITY
 

4.1 The Unorganized Workers’ Social Security Act, 2008

4.1.1 Definitions

4.1.2 social security benefits

4.1.3 National Social Security Board for unorganized workers

4.1.4 State Social Security Board for unorganized workers

4.1.5 Registration

 

 

4.2 The Personal Injuries (Emergency) Provisions Act, 1962

 

4.3 Labour Code on Social Security, 2018

 

 

4.4 The Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959

 

4.5 Social Security (Minimum Standards) Convention 102

Unit-4
Teaching Hours:12
LABOUR AND SOCIAL SECURITY
 

4.1 The Unorganized Workers’ Social Security Act, 2008

4.1.1 Definitions

4.1.2 social security benefits

4.1.3 National Social Security Board for unorganized workers

4.1.4 State Social Security Board for unorganized workers

4.1.5 Registration

 

 

4.2 The Personal Injuries (Emergency) Provisions Act, 1962

 

4.3 Labour Code on Social Security, 2018

 

 

4.4 The Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959

 

4.5 Social Security (Minimum Standards) Convention 102

Unit-4
Teaching Hours:12
LABOUR AND SOCIAL SECURITY
 

4.1 The Unorganized Workers’ Social Security Act, 2008

4.1.1 Definitions

4.1.2 social security benefits

4.1.3 National Social Security Board for unorganized workers

4.1.4 State Social Security Board for unorganized workers

4.1.5 Registration

 

 

4.2 The Personal Injuries (Emergency) Provisions Act, 1962

 

4.3 Labour Code on Social Security, 2018

 

 

4.4 The Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959

 

4.5 Social Security (Minimum Standards) Convention 102

Unit-4
Teaching Hours:12
LABOUR AND SOCIAL SECURITY
 

4.1 The Unorganized Workers’ Social Security Act, 2008

4.1.1 Definitions

4.1.2 social security benefits

4.1.3 National Social Security Board for unorganized workers

4.1.4 State Social Security Board for unorganized workers

4.1.5 Registration

 

 

4.2 The Personal Injuries (Emergency) Provisions Act, 1962

 

4.3 Labour Code on Social Security, 2018

 

 

4.4 The Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959

 

4.5 Social Security (Minimum Standards) Convention 102

Unit-4
Teaching Hours:12
LABOUR AND SOCIAL SECURITY
 

4.1 The Unorganized Workers’ Social Security Act, 2008

4.1.1 Definitions

4.1.2 social security benefits

4.1.3 National Social Security Board for unorganized workers

4.1.4 State Social Security Board for unorganized workers

4.1.5 Registration

 

 

4.2 The Personal Injuries (Emergency) Provisions Act, 1962

 

4.3 Labour Code on Social Security, 2018

 

 

4.4 The Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959

 

4.5 Social Security (Minimum Standards) Convention 102

Unit-4
Teaching Hours:12
LABOUR AND SOCIAL SECURITY
 

4.1 The Unorganized Workers’ Social Security Act, 2008

4.1.1 Definitions

4.1.2 social security benefits

4.1.3 National Social Security Board for unorganized workers

4.1.4 State Social Security Board for unorganized workers

4.1.5 Registration

 

 

4.2 The Personal Injuries (Emergency) Provisions Act, 1962

 

4.3 Labour Code on Social Security, 2018

 

 

4.4 The Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959

 

4.5 Social Security (Minimum Standards) Convention 102

Unit-5
Teaching Hours:12
REGULATION OF LABOUR AND WORKING CONDITIONS
 

5.1 The Industrial Employment (Standing Orders) Act, 1946

5.1.1 Draft Standing Order

5.1.2 conditions for certification of standing orders

5.1.3 appeals

5.1.4 Register of Standing Orders

5.1.5 Temporary application of model standing orders.

5.2 Karnataka Shops And Commercial Establishment Act, 1961

5.2.1 Objective of the Act

5.2.2 Definitions and establishment exempted from Karnataka Shops and Establishment Act

5.2.3 Registration

5.2.4 Regulations –

5.2.4.1 Hours of work

5.2.4.2 annual leave with wages

5.2.4.3 employment of children and women

5.2.4.4 enforcement and inspection

 

5.2.5 Offences under the Act

 

5.2.6 Penalties and Procedures

Unit-5
Teaching Hours:12
REGULATION OF LABOUR AND WORKING CONDITIONS
 

5.1 The Industrial Employment (Standing Orders) Act, 1946

5.1.1 Draft Standing Order

5.1.2 conditions for certification of standing orders

5.1.3 appeals

5.1.4 Register of Standing Orders

5.1.5 Temporary application of model standing orders.

5.2 Karnataka Shops And Commercial Establishment Act, 1961

5.2.1 Objective of the Act

5.2.2 Definitions and establishment exempted from Karnataka Shops and Establishment Act

5.2.3 Registration

5.2.4 Regulations –

5.2.4.1 Hours of work

5.2.4.2 annual leave with wages

5.2.4.3 employment of children and women

5.2.4.4 enforcement and inspection

 

5.2.5 Offences under the Act

 

5.2.6 Penalties and Procedures

Unit-5
Teaching Hours:12
REGULATION OF LABOUR AND WORKING CONDITIONS
 

5.1 The Industrial Employment (Standing Orders) Act, 1946

5.1.1 Draft Standing Order

5.1.2 conditions for certification of standing orders

5.1.3 appeals

5.1.4 Register of Standing Orders

5.1.5 Temporary application of model standing orders.

5.2 Karnataka Shops And Commercial Establishment Act, 1961

5.2.1 Objective of the Act

5.2.2 Definitions and establishment exempted from Karnataka Shops and Establishment Act

5.2.3 Registration

5.2.4 Regulations –

5.2.4.1 Hours of work

5.2.4.2 annual leave with wages

5.2.4.3 employment of children and women

5.2.4.4 enforcement and inspection

 

5.2.5 Offences under the Act

 

5.2.6 Penalties and Procedures

Unit-5
Teaching Hours:12
REGULATION OF LABOUR AND WORKING CONDITIONS
 

5.1 The Industrial Employment (Standing Orders) Act, 1946

5.1.1 Draft Standing Order

5.1.2 conditions for certification of standing orders

5.1.3 appeals

5.1.4 Register of Standing Orders

5.1.5 Temporary application of model standing orders.

5.2 Karnataka Shops And Commercial Establishment Act, 1961

5.2.1 Objective of the Act

5.2.2 Definitions and establishment exempted from Karnataka Shops and Establishment Act

5.2.3 Registration

5.2.4 Regulations –

5.2.4.1 Hours of work

5.2.4.2 annual leave with wages

5.2.4.3 employment of children and women

5.2.4.4 enforcement and inspection

 

5.2.5 Offences under the Act

 

5.2.6 Penalties and Procedures

Unit-5
Teaching Hours:12
REGULATION OF LABOUR AND WORKING CONDITIONS
 

5.1 The Industrial Employment (Standing Orders) Act, 1946

5.1.1 Draft Standing Order

5.1.2 conditions for certification of standing orders

5.1.3 appeals

5.1.4 Register of Standing Orders

5.1.5 Temporary application of model standing orders.

5.2 Karnataka Shops And Commercial Establishment Act, 1961

5.2.1 Objective of the Act

5.2.2 Definitions and establishment exempted from Karnataka Shops and Establishment Act

5.2.3 Registration

5.2.4 Regulations –

5.2.4.1 Hours of work

5.2.4.2 annual leave with wages

5.2.4.3 employment of children and women

5.2.4.4 enforcement and inspection

 

5.2.5 Offences under the Act

 

5.2.6 Penalties and Procedures

Unit-5
Teaching Hours:12
REGULATION OF LABOUR AND WORKING CONDITIONS
 

5.1 The Industrial Employment (Standing Orders) Act, 1946

5.1.1 Draft Standing Order

5.1.2 conditions for certification of standing orders

5.1.3 appeals

5.1.4 Register of Standing Orders

5.1.5 Temporary application of model standing orders.

5.2 Karnataka Shops And Commercial Establishment Act, 1961

5.2.1 Objective of the Act

5.2.2 Definitions and establishment exempted from Karnataka Shops and Establishment Act

5.2.3 Registration

5.2.4 Regulations –

5.2.4.1 Hours of work

5.2.4.2 annual leave with wages

5.2.4.3 employment of children and women

5.2.4.4 enforcement and inspection

 

5.2.5 Offences under the Act

 

5.2.6 Penalties and Procedures

Text Books And Reference Books:

Essential References:   

·         Dr EM Rao, Industrial Jurisprudence: A Critical Commentary, Lexis Nexis., Second Edition 2015

·         H.L. Kumar , Labour and Industrial Law, Universal Law Publishing Co., 2 volumes 15th edition 2010

·         Bhatia, S. K. Constructive Industrial Relations and Labour Laws. New Delhi: Deep and Deep Publications, 2003.

·         Kumar, H. L. Labour Problems and Remedies. New Delhi: Universal Law Publishing, 2007.

·         Kumar, H. L. Obligation of Employee Under Labour Law. New Delhi: Universal Law Publishing, 2005.

·         Kumar, Sanjeev. Industrial and Labour Laws. New Delhi: Bharath Law House Private Limited, 2004.

·         Pillai, K. Madhavan. Labour and Industrial Law, Allahabad: Central Law Agency, 1998.

·         Maslhotra, O. P. The Law of Industrial Dispute, Vol. 1 & 2, Lexis Nexis, India, 2004.

·         Malik, P. L. Handbook of Industrial Law. 10Th ed., Lucknow: Eastern Book Company, 2006.

·         Pai, G. B. Labour Law in India. New Delhi: Butterworth, 2001.

·         Rao, E. M. Industrial Jurisprudence, New Delhi: LexisNexis (India), 2004.

·         Mishra, S. N. Labour and Industrial Laws, 22nd ed. Allahabad: Central Law Publications, 2006.

·         Sharath, Babu. Social Justice and Labour Jurisprudence. New Delhi: Sage Publication, 2007.

·         Sharma, J. P. Simplilfied Approach to Labour Laws. New Delhi: Bharath Law House Private Limited, 2006.

·         Sharma, Usha. Labour Movement in India: Pre-Independence Period, Vols. 1 & 2 Cambridge: Vista Publications, 2006.

·         Indian Law Institute, Labour and Industrial Relations: Cases and Materials, 2006.

·         Srivastava, S. C. Labour Law & Labour Relations: Cases and Materials. New Delhi: Indian Law Institute, 2007.

·         Vashishth, Vikas Industrial and Labour Laws Including Environmental Laws: Environment to Workmen, Vol. 1 & 2. New Delhi: Bharat Law House, Private Limited, 2004.

 

 

Essential Reading / Recommended Reading

Recommended  References:   

·         Dr EM Rao, Industrial Jurisprudence: A Critical Commentary, Lexis Nexis., Second Edition 2015

·         H.L. Kumar , Labour and Industrial Law, Universal Law Publishing Co., 2 volumes 15th edition 2010

·         Bhatia, S. K. Constructive Industrial Relations and Labour Laws. New Delhi: Deep and Deep Publications, 2003.

·         Kumar, H. L. Labour Problems and Remedies. New Delhi: Universal Law Publishing, 2007.

·         Kumar, H. L. Obligation of Employee Under Labour Law. New Delhi: Universal Law Publishing, 2005.

·         Kumar, Sanjeev. Industrial and Labour Laws. New Delhi: Bharath Law House Private Limited, 2004.

·         Pillai, K. Madhavan. Labour and Industrial Law, Allahabad: Central Law Agency, 1998.

·         Maslhotra, O. P. The Law of Industrial Dispute, Vol. 1 & 2, Lexis Nexis, India, 2004.

·         Malik, P. L. Handbook of Industrial Law. 10Th ed., Lucknow: Eastern Book Company, 2006.

·         Pai, G. B. Labour Law in India. New Delhi: Butterworth, 2001.

·         Rao, E. M. Industrial Jurisprudence, New Delhi: LexisNexis (India), 2004.

·         Mishra, S. N. Labour and Industrial Laws, 22nd ed. Allahabad: Central Law Publications, 2006.

·         Sharath, Babu. Social Justice and Labour Jurisprudence. New Delhi: Sage Publication, 2007.

·         Sharma, J. P. Simplilfied Approach to Labour Laws. New Delhi: Bharath Law House Private Limited, 2006.

·         Sharma, Usha. Labour Movement in India: Pre-Independence Period, Vols. 1 & 2 Cambridge: Vista Publications, 2006.

·         Indian Law Institute, Labour and Industrial Relations: Cases and Materials, 2006.

·         Srivastava, S. C. Labour Law & Labour Relations: Cases and Materials. New Delhi: Indian Law Institute, 2007.

·         Vashishth, Vikas Industrial and Labour Laws Including Environmental Laws: Environment to Workmen, Vol. 1 & 2. New Delhi: Bharat Law House, Private Limited, 2004.

 

 

Evaluation Pattern

SCHEME OF VALUATION

·         CIA I – Class Test / Assignment / Presentation            – 10%

·         CIA II – Mid Semester Examination                                  – 25%

·         CIA III – Research Assignment                                          – 10%

·         Attendance                                                                            – 05%

·         End Semester Examination                                                – 50%

                                                                                                    TOTAL 100%

LAW656 - CIVIL PROCEDURE CODE AND LIMITATION ACT (2022 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

This course introduces you to the procedural rules that govern how civil litigation is conducted in the courts. The course contains an overview of the entire body of rules of civil procedure ranging from commencement of proceedings, to defining issues for trial, to enforcement of judgments. There is particular emphasis upon jurisdiction of various Indian Courts and stages of civil cases in Indian Courts.

Unit 1 is designed to make the students conversant with the basic terminology and introduction Unit 2 is to acquaint students with the jurisdiction of civil courts. Unit 3 is to introduce students to the rules of pleadings in civil matters. Unit 4 is designed to equip students with the knowledge of different stages in a civil proceeding and the procedure at each of these stages. Unit 5 is to introduce students to the execution proceedings. Unit 6 acquaints students with special suits. Unit 7 is appeals, revision, review and reference. Unit 8 introduces students to the miscellaneous matters such as transfer of cases, caveat, inherent powers of the courts, etc. Unit 9 is to equip students with the knowledge of the important provisions of Limitation Act.

Course Objectives:

The objectives of this course are:

1.     to make the students conversant with the basic terminologies used in civil procedure

2.     to provide an understanding of the jurisdiction of various civil courts

3.     to introduce students to the rules of pleadings in civil matters

4.     to equip students with the knowledge of different stages in a civil proceeding and the procedure at each of these stages

5.     to give a basic understanding of the execution proceedings of decrees

6.     to acquaint students with remedies available to a party aggrieved by the order of a court through appeals & revision

7.     to provide an understanding of special suits & their procedures

8.   to equip students with the knowledge of the important provisions of Limitation Act

Learning Outcome

CO1: Explain the different procedural stages in civil cases as per provisions of CPC 1908, such as jurisdiction, pleadings, interlocutory remedies, document-related procedures, judgment & decree, appeals, revision, execution of decree etc.

CO2: Apply the provisions of CPC or Limitation Act to case-based or hypothetical problems and resolve them through problem-solving skills

CO3: Analyze important judgments on provisions of CPC or Limitation Act employing critical thinking methods

CO4: Describe the provisions of CPC related to special types of civil cases such as government suits, indigent suits, suits by minors, suits by/against corporations, partnership firms etc

CO5: Explain the principles such as condonation of delay, disability, easement by prescription, adverse possession etc., as per provisions of Limitation Act

CO6: Draft civil pleadings such as plaint/written statement/Interlocutory applications, as per CPC & Limitation Act provisions with advocacy drafting skills

UNIT 1
Teaching Hours:3
INTRODUCTION
 

Concepts, affidavit, order, judgement, decree, plaint, restitution, execution, decree-holder, judgement-debtor, mesne profits, written statement, Distinction between decree and judgement and between decree and order.

UNIT 1
Teaching Hours:3
INTRODUCTION
 

Concepts, affidavit, order, judgement, decree, plaint, restitution, execution, decree-holder, judgement-debtor, mesne profits, written statement, Distinction between decree and judgement and between decree and order.

UNIT 1
Teaching Hours:3
INTRODUCTION
 

Concepts, affidavit, order, judgement, decree, plaint, restitution, execution, decree-holder, judgement-debtor, mesne profits, written statement, Distinction between decree and judgement and between decree and order.

UNIT 1
Teaching Hours:3
INTRODUCTION
 

Concepts, affidavit, order, judgement, decree, plaint, restitution, execution, decree-holder, judgement-debtor, mesne profits, written statement, Distinction between decree and judgement and between decree and order.

UNIT 1
Teaching Hours:3
INTRODUCTION
 

Concepts, affidavit, order, judgement, decree, plaint, restitution, execution, decree-holder, judgement-debtor, mesne profits, written statement, Distinction between decree and judgement and between decree and order.

UNIT 1
Teaching Hours:3
INTRODUCTION
 

Concepts, affidavit, order, judgement, decree, plaint, restitution, execution, decree-holder, judgement-debtor, mesne profits, written statement, Distinction between decree and judgement and between decree and order.

UNIT 1
Teaching Hours:3
INTRODUCTION
 

Concepts, affidavit, order, judgement, decree, plaint, restitution, execution, decree-holder, judgement-debtor, mesne profits, written statement, Distinction between decree and judgement and between decree and order.

UNIT 1
Teaching Hours:3
INTRODUCTION
 

Concepts, affidavit, order, judgement, decree, plaint, restitution, execution, decree-holder, judgement-debtor, mesne profits, written statement, Distinction between decree and judgement and between decree and order.

UNIT 1
Teaching Hours:3
INTRODUCTION
 

Concepts, affidavit, order, judgement, decree, plaint, restitution, execution, decree-holder, judgement-debtor, mesne profits, written statement, Distinction between decree and judgement and between decree and order.

UNIT 2
Teaching Hours:7
JURISDICTION
 

Kinds, Hierarchy of courts, Suit of civil nature, scope and limits, Res subjudice and Res judicata, Foreign judgement, enforcement, Place of suing, Institution of suit, Parties to suit: joinder, mis-joinder or non-joinder of parties : representative suit, Frame of suit: cause of action, Alternative disputes resolution (ADR), Summons

UNIT 2
Teaching Hours:7
JURISDICTION
 

Kinds, Hierarchy of courts, Suit of civil nature, scope and limits, Res subjudice and Res judicata, Foreign judgement, enforcement, Place of suing, Institution of suit, Parties to suit: joinder, mis-joinder or non-joinder of parties : representative suit, Frame of suit: cause of action, Alternative disputes resolution (ADR), Summons

UNIT 2
Teaching Hours:7
JURISDICTION
 

Kinds, Hierarchy of courts, Suit of civil nature, scope and limits, Res subjudice and Res judicata, Foreign judgement, enforcement, Place of suing, Institution of suit, Parties to suit: joinder, mis-joinder or non-joinder of parties : representative suit, Frame of suit: cause of action, Alternative disputes resolution (ADR), Summons

UNIT 2
Teaching Hours:7
JURISDICTION
 

Kinds, Hierarchy of courts, Suit of civil nature, scope and limits, Res subjudice and Res judicata, Foreign judgement, enforcement, Place of suing, Institution of suit, Parties to suit: joinder, mis-joinder or non-joinder of parties : representative suit, Frame of suit: cause of action, Alternative disputes resolution (ADR), Summons

UNIT 2
Teaching Hours:7
JURISDICTION
 

Kinds, Hierarchy of courts, Suit of civil nature, scope and limits, Res subjudice and Res judicata, Foreign judgement, enforcement, Place of suing, Institution of suit, Parties to suit: joinder, mis-joinder or non-joinder of parties : representative suit, Frame of suit: cause of action, Alternative disputes resolution (ADR), Summons

UNIT 2
Teaching Hours:7
JURISDICTION
 

Kinds, Hierarchy of courts, Suit of civil nature, scope and limits, Res subjudice and Res judicata, Foreign judgement, enforcement, Place of suing, Institution of suit, Parties to suit: joinder, mis-joinder or non-joinder of parties : representative suit, Frame of suit: cause of action, Alternative disputes resolution (ADR), Summons

UNIT 2
Teaching Hours:7
JURISDICTION
 

Kinds, Hierarchy of courts, Suit of civil nature, scope and limits, Res subjudice and Res judicata, Foreign judgement, enforcement, Place of suing, Institution of suit, Parties to suit: joinder, mis-joinder or non-joinder of parties : representative suit, Frame of suit: cause of action, Alternative disputes resolution (ADR), Summons

UNIT 2
Teaching Hours:7
JURISDICTION
 

Kinds, Hierarchy of courts, Suit of civil nature, scope and limits, Res subjudice and Res judicata, Foreign judgement, enforcement, Place of suing, Institution of suit, Parties to suit: joinder, mis-joinder or non-joinder of parties : representative suit, Frame of suit: cause of action, Alternative disputes resolution (ADR), Summons

UNIT 2
Teaching Hours:7
JURISDICTION
 

Kinds, Hierarchy of courts, Suit of civil nature, scope and limits, Res subjudice and Res judicata, Foreign judgement, enforcement, Place of suing, Institution of suit, Parties to suit: joinder, mis-joinder or non-joinder of parties : representative suit, Frame of suit: cause of action, Alternative disputes resolution (ADR), Summons

UNIT 3
Teaching Hours:7
PLEADINGS
 

Rules of pleading, signing and verification, Alternative pleadings, Construction of pleadings, Plaint: particulars, Admission, return and rejection. Written statement: particulars, rules of evidence, Set off and counter claim: distinction, Discovery, inspection and production of documents, Interrogatories, Privileged documents, Affidavits

UNIT 3
Teaching Hours:7
PLEADINGS
 

Rules of pleading, signing and verification, Alternative pleadings, Construction of pleadings, Plaint: particulars, Admission, return and rejection. Written statement: particulars, rules of evidence, Set off and counter claim: distinction, Discovery, inspection and production of documents, Interrogatories, Privileged documents, Affidavits

UNIT 3
Teaching Hours:7
PLEADINGS
 

Rules of pleading, signing and verification, Alternative pleadings, Construction of pleadings, Plaint: particulars, Admission, return and rejection. Written statement: particulars, rules of evidence, Set off and counter claim: distinction, Discovery, inspection and production of documents, Interrogatories, Privileged documents, Affidavits

UNIT 3
Teaching Hours:7
PLEADINGS
 

Rules of pleading, signing and verification, Alternative pleadings, Construction of pleadings, Plaint: particulars, Admission, return and rejection. Written statement: particulars, rules of evidence, Set off and counter claim: distinction, Discovery, inspection and production of documents, Interrogatories, Privileged documents, Affidavits

UNIT 3
Teaching Hours:7
PLEADINGS
 

Rules of pleading, signing and verification, Alternative pleadings, Construction of pleadings, Plaint: particulars, Admission, return and rejection. Written statement: particulars, rules of evidence, Set off and counter claim: distinction, Discovery, inspection and production of documents, Interrogatories, Privileged documents, Affidavits

UNIT 3
Teaching Hours:7
PLEADINGS
 

Rules of pleading, signing and verification, Alternative pleadings, Construction of pleadings, Plaint: particulars, Admission, return and rejection. Written statement: particulars, rules of evidence, Set off and counter claim: distinction, Discovery, inspection and production of documents, Interrogatories, Privileged documents, Affidavits

UNIT 3
Teaching Hours:7
PLEADINGS
 

Rules of pleading, signing and verification, Alternative pleadings, Construction of pleadings, Plaint: particulars, Admission, return and rejection. Written statement: particulars, rules of evidence, Set off and counter claim: distinction, Discovery, inspection and production of documents, Interrogatories, Privileged documents, Affidavits

UNIT 3
Teaching Hours:7
PLEADINGS
 

Rules of pleading, signing and verification, Alternative pleadings, Construction of pleadings, Plaint: particulars, Admission, return and rejection. Written statement: particulars, rules of evidence, Set off and counter claim: distinction, Discovery, inspection and production of documents, Interrogatories, Privileged documents, Affidavits

UNIT 3
Teaching Hours:7
PLEADINGS
 

Rules of pleading, signing and verification, Alternative pleadings, Construction of pleadings, Plaint: particulars, Admission, return and rejection. Written statement: particulars, rules of evidence, Set off and counter claim: distinction, Discovery, inspection and production of documents, Interrogatories, Privileged documents, Affidavits

UNIT 4
Teaching Hours:5
APPEARANCE, EXAMINATION AND TRIAL
 

Appearance, Ex-parte procedure, Summary and attendance of witnesses, Trial, Adjournments, Interim orders: commission, arrest or attachment before judgement, injunction and appointment of receiver, Interests and costs

UNIT 4
Teaching Hours:5
APPEARANCE, EXAMINATION AND TRIAL
 

Appearance, Ex-parte procedure, Summary and attendance of witnesses, Trial, Adjournments, Interim orders: commission, arrest or attachment before judgement, injunction and appointment of receiver, Interests and costs

UNIT 4
Teaching Hours:5
APPEARANCE, EXAMINATION AND TRIAL
 

Appearance, Ex-parte procedure, Summary and attendance of witnesses, Trial, Adjournments, Interim orders: commission, arrest or attachment before judgement, injunction and appointment of receiver, Interests and costs

UNIT 4
Teaching Hours:5
APPEARANCE, EXAMINATION AND TRIAL
 

Appearance, Ex-parte procedure, Summary and attendance of witnesses, Trial, Adjournments, Interim orders: commission, arrest or attachment before judgement, injunction and appointment of receiver, Interests and costs

UNIT 4
Teaching Hours:5
APPEARANCE, EXAMINATION AND TRIAL
 

Appearance, Ex-parte procedure, Summary and attendance of witnesses, Trial, Adjournments, Interim orders: commission, arrest or attachment before judgement, injunction and appointment of receiver, Interests and costs

UNIT 4
Teaching Hours:5
APPEARANCE, EXAMINATION AND TRIAL
 

Appearance, Ex-parte procedure, Summary and attendance of witnesses, Trial, Adjournments, Interim orders: commission, arrest or attachment before judgement, injunction and appointment of receiver, Interests and costs

UNIT 4
Teaching Hours:5
APPEARANCE, EXAMINATION AND TRIAL
 

Appearance, Ex-parte procedure, Summary and attendance of witnesses, Trial, Adjournments, Interim orders: commission, arrest or attachment before judgement, injunction and appointment of receiver, Interests and costs

UNIT 4
Teaching Hours:5
APPEARANCE, EXAMINATION AND TRIAL
 

Appearance, Ex-parte procedure, Summary and attendance of witnesses, Trial, Adjournments, Interim orders: commission, arrest or attachment before judgement, injunction and appointment of receiver, Interests and costs

UNIT 4
Teaching Hours:5
APPEARANCE, EXAMINATION AND TRIAL
 

Appearance, Ex-parte procedure, Summary and attendance of witnesses, Trial, Adjournments, Interim orders: commission, arrest or attachment before judgement, injunction and appointment of receiver, Interests and costs

UNIT 5
Teaching Hours:8
EXECUTION
 

The concept, General principles, Power for execution of decrees, Procedure for execution, Enforcement, arrest and detection, Attachment, Sale, Delivery of property, Stay of execution

UNIT 5
Teaching Hours:8
EXECUTION
 

The concept, General principles, Power for execution of decrees, Procedure for execution, Enforcement, arrest and detection, Attachment, Sale, Delivery of property, Stay of execution

UNIT 5
Teaching Hours:8
EXECUTION
 

The concept, General principles, Power for execution of decrees, Procedure for execution, Enforcement, arrest and detection, Attachment, Sale, Delivery of property, Stay of execution

UNIT 5
Teaching Hours:8
EXECUTION
 

The concept, General principles, Power for execution of decrees, Procedure for execution, Enforcement, arrest and detection, Attachment, Sale, Delivery of property, Stay of execution

UNIT 5
Teaching Hours:8
EXECUTION
 

The concept, General principles, Power for execution of decrees, Procedure for execution, Enforcement, arrest and detection, Attachment, Sale, Delivery of property, Stay of execution

UNIT 5
Teaching Hours:8
EXECUTION
 

The concept, General principles, Power for execution of decrees, Procedure for execution, Enforcement, arrest and detection, Attachment, Sale, Delivery of property, Stay of execution

UNIT 5
Teaching Hours:8
EXECUTION
 

The concept, General principles, Power for execution of decrees, Procedure for execution, Enforcement, arrest and detection, Attachment, Sale, Delivery of property, Stay of execution

UNIT 5
Teaching Hours:8
EXECUTION
 

The concept, General principles, Power for execution of decrees, Procedure for execution, Enforcement, arrest and detection, Attachment, Sale, Delivery of property, Stay of execution

UNIT 5
Teaching Hours:8
EXECUTION
 

The concept, General principles, Power for execution of decrees, Procedure for execution, Enforcement, arrest and detection, Attachment, Sale, Delivery of property, Stay of execution

UNIT 6
Teaching Hours:7
SUITS IN PARTICULAR CASES
 

By or against government, By aliens and by or against foreign rulers or ambassadors, Public nuisance, Suits by or against firm, Suits in forma pauperis, Mortgages, Interpleader suits, Suits relating to public charities

UNIT 6
Teaching Hours:7
SUITS IN PARTICULAR CASES
 

By or against government, By aliens and by or against foreign rulers or ambassadors, Public nuisance, Suits by or against firm, Suits in forma pauperis, Mortgages, Interpleader suits, Suits relating to public charities

UNIT 6
Teaching Hours:7
SUITS IN PARTICULAR CASES
 

By or against government, By aliens and by or against foreign rulers or ambassadors, Public nuisance, Suits by or against firm, Suits in forma pauperis, Mortgages, Interpleader suits, Suits relating to public charities

UNIT 6
Teaching Hours:7
SUITS IN PARTICULAR CASES
 

By or against government, By aliens and by or against foreign rulers or ambassadors, Public nuisance, Suits by or against firm, Suits in forma pauperis, Mortgages, Interpleader suits, Suits relating to public charities

UNIT 6
Teaching Hours:7
SUITS IN PARTICULAR CASES
 

By or against government, By aliens and by or against foreign rulers or ambassadors, Public nuisance, Suits by or against firm, Suits in forma pauperis, Mortgages, Interpleader suits, Suits relating to public charities

UNIT 6
Teaching Hours:7
SUITS IN PARTICULAR CASES
 

By or against government, By aliens and by or against foreign rulers or ambassadors, Public nuisance, Suits by or against firm, Suits in forma pauperis, Mortgages, Interpleader suits, Suits relating to public charities

UNIT 6
Teaching Hours:7
SUITS IN PARTICULAR CASES
 

By or against government, By aliens and by or against foreign rulers or ambassadors, Public nuisance, Suits by or against firm, Suits in forma pauperis, Mortgages, Interpleader suits, Suits relating to public charities

UNIT 6
Teaching Hours:7
SUITS IN PARTICULAR CASES
 

By or against government, By aliens and by or against foreign rulers or ambassadors, Public nuisance, Suits by or against firm, Suits in forma pauperis, Mortgages, Interpleader suits, Suits relating to public charities

UNIT 6
Teaching Hours:7
SUITS IN PARTICULAR CASES
 

By or against government, By aliens and by or against foreign rulers or ambassadors, Public nuisance, Suits by or against firm, Suits in forma pauperis, Mortgages, Interpleader suits, Suits relating to public charities

UNIT 7
Teaching Hours:8
APPEALS REVIEW, REFERENCE AND REVISION
 

Appeals from original decree. Appeals from appellate decree, Appeals from orders, General Provisions relating to appeal, Appeal to the Supreme Court

UNIT 7
Teaching Hours:8
APPEALS REVIEW, REFERENCE AND REVISION
 

Appeals from original decree. Appeals from appellate decree, Appeals from orders, General Provisions relating to appeal, Appeal to the Supreme Court

UNIT 7
Teaching Hours:8
APPEALS REVIEW, REFERENCE AND REVISION
 

Appeals from original decree. Appeals from appellate decree, Appeals from orders, General Provisions relating to appeal, Appeal to the Supreme Court

UNIT 7
Teaching Hours:8
APPEALS REVIEW, REFERENCE AND REVISION
 

Appeals from original decree. Appeals from appellate decree, Appeals from orders, General Provisions relating to appeal, Appeal to the Supreme Court

UNIT 7
Teaching Hours:8
APPEALS REVIEW, REFERENCE AND REVISION
 

Appeals from original decree. Appeals from appellate decree, Appeals from orders, General Provisions relating to appeal, Appeal to the Supreme Court

UNIT 7
Teaching Hours:8
APPEALS REVIEW, REFERENCE AND REVISION
 

Appeals from original decree. Appeals from appellate decree, Appeals from orders, General Provisions relating to appeal, Appeal to the Supreme Court

UNIT 7
Teaching Hours:8
APPEALS REVIEW, REFERENCE AND REVISION
 

Appeals from original decree. Appeals from appellate decree, Appeals from orders, General Provisions relating to appeal, Appeal to the Supreme Court

UNIT 7
Teaching Hours:8
APPEALS REVIEW, REFERENCE AND REVISION
 

Appeals from original decree. Appeals from appellate decree, Appeals from orders, General Provisions relating to appeal, Appeal to the Supreme Court

UNIT 7
Teaching Hours:8
APPEALS REVIEW, REFERENCE AND REVISION
 

Appeals from original decree. Appeals from appellate decree, Appeals from orders, General Provisions relating to appeal, Appeal to the Supreme Court

UNIT 8
Teaching Hours:5
MISCELLANEOUS
 

Transfer of Cases, Restitution, Caveat, Inherent powers of courts, Law Reform: Law Commission on Civil Procedure, Amendments

UNIT 8
Teaching Hours:5
MISCELLANEOUS
 

Transfer of Cases, Restitution, Caveat, Inherent powers of courts, Law Reform: Law Commission on Civil Procedure, Amendments

UNIT 8
Teaching Hours:5
MISCELLANEOUS
 

Transfer of Cases, Restitution, Caveat, Inherent powers of courts, Law Reform: Law Commission on Civil Procedure, Amendments

UNIT 8
Teaching Hours:5
MISCELLANEOUS
 

Transfer of Cases, Restitution, Caveat, Inherent powers of courts, Law Reform: Law Commission on Civil Procedure, Amendments

UNIT 8
Teaching Hours:5
MISCELLANEOUS
 

Transfer of Cases, Restitution, Caveat, Inherent powers of courts, Law Reform: Law Commission on Civil Procedure, Amendments

UNIT 8
Teaching Hours:5
MISCELLANEOUS
 

Transfer of Cases, Restitution, Caveat, Inherent powers of courts, Law Reform: Law Commission on Civil Procedure, Amendments

UNIT 8
Teaching Hours:5
MISCELLANEOUS
 

Transfer of Cases, Restitution, Caveat, Inherent powers of courts, Law Reform: Law Commission on Civil Procedure, Amendments

UNIT 8
Teaching Hours:5
MISCELLANEOUS
 

Transfer of Cases, Restitution, Caveat, Inherent powers of courts, Law Reform: Law Commission on Civil Procedure, Amendments

UNIT 8
Teaching Hours:5
MISCELLANEOUS
 

Transfer of Cases, Restitution, Caveat, Inherent powers of courts, Law Reform: Law Commission on Civil Procedure, Amendments

UNIT 9
Teaching Hours:10
LAW OF LIMITATION
 

Scope & objective of Limitation Act, Distinction with latches & estoppel, Condonation of delay, Extension and suspension of limitation, Postponement of commencement of limitation: legal disability, part-payment, acknowledgement, continuing tort, continuing breach of contract, Prescription - easementary right, Adverse possession

UNIT 9
Teaching Hours:10
LAW OF LIMITATION
 

Scope & objective of Limitation Act, Distinction with latches & estoppel, Condonation of delay, Extension and suspension of limitation, Postponement of commencement of limitation: legal disability, part-payment, acknowledgement, continuing tort, continuing breach of contract, Prescription - easementary right, Adverse possession

UNIT 9
Teaching Hours:10
LAW OF LIMITATION
 

Scope & objective of Limitation Act, Distinction with latches & estoppel, Condonation of delay, Extension and suspension of limitation, Postponement of commencement of limitation: legal disability, part-payment, acknowledgement, continuing tort, continuing breach of contract, Prescription - easementary right, Adverse possession

UNIT 9
Teaching Hours:10
LAW OF LIMITATION
 

Scope & objective of Limitation Act, Distinction with latches & estoppel, Condonation of delay, Extension and suspension of limitation, Postponement of commencement of limitation: legal disability, part-payment, acknowledgement, continuing tort, continuing breach of contract, Prescription - easementary right, Adverse possession

UNIT 9
Teaching Hours:10
LAW OF LIMITATION
 

Scope & objective of Limitation Act, Distinction with latches & estoppel, Condonation of delay, Extension and suspension of limitation, Postponement of commencement of limitation: legal disability, part-payment, acknowledgement, continuing tort, continuing breach of contract, Prescription - easementary right, Adverse possession

UNIT 9
Teaching Hours:10
LAW OF LIMITATION
 

Scope & objective of Limitation Act, Distinction with latches & estoppel, Condonation of delay, Extension and suspension of limitation, Postponement of commencement of limitation: legal disability, part-payment, acknowledgement, continuing tort, continuing breach of contract, Prescription - easementary right, Adverse possession

UNIT 9
Teaching Hours:10
LAW OF LIMITATION
 

Scope & objective of Limitation Act, Distinction with latches & estoppel, Condonation of delay, Extension and suspension of limitation, Postponement of commencement of limitation: legal disability, part-payment, acknowledgement, continuing tort, continuing breach of contract, Prescription - easementary right, Adverse possession

UNIT 9
Teaching Hours:10
LAW OF LIMITATION
 

Scope & objective of Limitation Act, Distinction with latches & estoppel, Condonation of delay, Extension and suspension of limitation, Postponement of commencement of limitation: legal disability, part-payment, acknowledgement, continuing tort, continuing breach of contract, Prescription - easementary right, Adverse possession

UNIT 9
Teaching Hours:10
LAW OF LIMITATION
 

Scope & objective of Limitation Act, Distinction with latches & estoppel, Condonation of delay, Extension and suspension of limitation, Postponement of commencement of limitation: legal disability, part-payment, acknowledgement, continuing tort, continuing breach of contract, Prescription - easementary right, Adverse possession

Text Books And Reference Books:

Mulla. Code of Civil Procedure. New Delhi: Universal Publishing Co., 20th edn., 2021

C.K. Takwani, Civil Procedure Limitation & Commercial Courts, Eastern Book Centre, 9th edn., 2021 (reprint 2023)

Mallick M. R. (Ed.). B. B. Mitra on Limitation Act. Lucknow: Eastern Book Co., 23rd edn., 2014 (reprint 2023)

Essential Reading / Recommended Reading

1. Thacker C.K. Code of Civil Procedure, New Delhi Publishing House, 2014

2. Saha A. N. The Code of Civil Procedure. New Delhi: Universal Publishing Co., 8th edn., 2023

3. Sudipto Sarkar & Sidharth Sethi, Sarkar Civil Courts Practice and Procedure Manual, LexisNexis, 14th edn., 2022

4. Karnataka Court-fees and Suit Valuation Act, 1958

5 Karnataka City Civil Courts Act 1964

6. Karnataka Civil Rules of Practice 1967

Evaluation Pattern

SCHEME OF VALUATION

·         CIA I – Class Test or MCQ / Case analysis Assignment    – 10%

·         CIA II – Mid Semester Examination                                  – 25%

·         CIA III – Drafting Assignment / Case Analysis             – 10%

·         Attendance                                                                            – 05%

·         End Semester Examination                                                – 50%

                                                                                                TOTAL 100%

LAW664 - INTELLECTUAL PROPERTY LAW (2022 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

 

Intellectual property is an increasingly important generator of economic, social and cultural growth and development comprises not only valuable economic assets of private firms, but also the social and cultural assets of society. The potential impact of IP is so great that it is certain to have considerable effect on national and international economic development in the future.

 

A clear understudying of the intellectual property system has, therefore, become a necessity for all those associated with creative and innovative endeavor from policy makers, business executives to educators as well as artists and inventors themselves. This course seeks to provide a foundation for students to understand the enormous potential and power of IP and regulatory framework in India. The major objectives of the course are to(i) To understand the niceties and complexities of the global intellectual property system and the challenges it poses to India in terms of compliance to global standards of IP protection (ii) To  identify IP as an effective policy tool for national, economic, social and cultural development, especially through the use of limitations and exceptions to monopoly rights and (iii) To equip students with the knowledge of the procedural and substantive IP system in India

 

In light of the above, Unit 1 seeks to impart the historical evolution of IP protection and an exposure to the international and global evolution of IPR in the current state. It will also emphasise on the philosophical and economic justifications for the grant of IPR. Unit 2 is designed to educate the students about the specific law relating to patents in terms of eligibility, subject matter acquisition, enforcement etc. Unit 3 examines the law relating to copyright in India in light of the 2012 Amendment. Unit 4 is designed to appreciate the law relating to trademark with special emphasis on the concept of distinctiveness, deceptive similarity, dilution, and various trends in passing off. Unit 5 aims at an understanding of the concept of designs and legal issues involved in the same. Unit 6 takes note of the expanding horizons of IP like semi conductor chips and new plant varieties as a response to new technology. It also addresses the conflicting areas by virtue of IP protection

 

Learning Outcome

CO1: Identify the different forms of intellectual property and describe the importance of protection of IP.

CO2: Understand the essential requirements of IP protection, duration, rights conferred and remedies provided.

CO3: Apply the principles of IP protection to legal problems correctly.

CO4: Analyse the issues related to infringement of IP and Draft legal instruments pertaining to registration and transfer of IP.

CO5: Evaluate as against other international legal frameworks related to IP protection, articulate the problem areas for the deficiency and propose a solution to the existing IP problems in India.

Unit-1
Teaching Hours:10
HISTORICAL EVOLUTION OF INTELLECTUAL PROPERTY RIGHTS
 

 

Philosophical and theoretical justifications for IPRs- Types of Intellectual Property – Historical evolution of different types of IPRs – Philosophical evolution of different types of IPRs –– International legal framework

 

Unit-1
Teaching Hours:10
HISTORICAL EVOLUTION OF INTELLECTUAL PROPERTY RIGHTS
 

 

Philosophical and theoretical justifications for IPRs- Types of Intellectual Property – Historical evolution of different types of IPRs – Philosophical evolution of different types of IPRs –– International legal framework

 

Unit-1
Teaching Hours:10
HISTORICAL EVOLUTION OF INTELLECTUAL PROPERTY RIGHTS
 

 

Philosophical and theoretical justifications for IPRs- Types of Intellectual Property – Historical evolution of different types of IPRs – Philosophical evolution of different types of IPRs –– International legal framework

 

Unit-1
Teaching Hours:10
HISTORICAL EVOLUTION OF INTELLECTUAL PROPERTY RIGHTS
 

 

Philosophical and theoretical justifications for IPRs- Types of Intellectual Property – Historical evolution of different types of IPRs – Philosophical evolution of different types of IPRs –– International legal framework

 

Unit-1
Teaching Hours:10
HISTORICAL EVOLUTION OF INTELLECTUAL PROPERTY RIGHTS
 

 

Philosophical and theoretical justifications for IPRs- Types of Intellectual Property – Historical evolution of different types of IPRs – Philosophical evolution of different types of IPRs –– International legal framework

 

Unit-1
Teaching Hours:10
HISTORICAL EVOLUTION OF INTELLECTUAL PROPERTY RIGHTS
 

 

Philosophical and theoretical justifications for IPRs- Types of Intellectual Property – Historical evolution of different types of IPRs – Philosophical evolution of different types of IPRs –– International legal framework

 

Unit-1
Teaching Hours:10
HISTORICAL EVOLUTION OF INTELLECTUAL PROPERTY RIGHTS
 

 

Philosophical and theoretical justifications for IPRs- Types of Intellectual Property – Historical evolution of different types of IPRs – Philosophical evolution of different types of IPRs –– International legal framework

 

Unit-1
Teaching Hours:10
HISTORICAL EVOLUTION OF INTELLECTUAL PROPERTY RIGHTS
 

 

Philosophical and theoretical justifications for IPRs- Types of Intellectual Property – Historical evolution of different types of IPRs – Philosophical evolution of different types of IPRs –– International legal framework

 

Unit-1
Teaching Hours:10
HISTORICAL EVOLUTION OF INTELLECTUAL PROPERTY RIGHTS
 

 

Philosophical and theoretical justifications for IPRs- Types of Intellectual Property – Historical evolution of different types of IPRs – Philosophical evolution of different types of IPRs –– International legal framework

 

Unit-2
Teaching Hours:12
PATENTS
 

 

Subject matter of patents – Criteria for protection – Procedure for getting patent protection – Concept of territoriality – Overview of the procedure for getting protection at the national level – Overview of the procedure for getting protection abroad – Ownership and assignment – Infringement – Remedies – Limitation and exceptions to patent rights – Compulsory licensing and protection of national interests.

 

Unit-2
Teaching Hours:12
PATENTS
 

 

Subject matter of patents – Criteria for protection – Procedure for getting patent protection – Concept of territoriality – Overview of the procedure for getting protection at the national level – Overview of the procedure for getting protection abroad – Ownership and assignment – Infringement – Remedies – Limitation and exceptions to patent rights – Compulsory licensing and protection of national interests.

 

Unit-2
Teaching Hours:12
PATENTS
 

 

Subject matter of patents – Criteria for protection – Procedure for getting patent protection – Concept of territoriality – Overview of the procedure for getting protection at the national level – Overview of the procedure for getting protection abroad – Ownership and assignment – Infringement – Remedies – Limitation and exceptions to patent rights – Compulsory licensing and protection of national interests.

 

Unit-2
Teaching Hours:12
PATENTS
 

 

Subject matter of patents – Criteria for protection – Procedure for getting patent protection – Concept of territoriality – Overview of the procedure for getting protection at the national level – Overview of the procedure for getting protection abroad – Ownership and assignment – Infringement – Remedies – Limitation and exceptions to patent rights – Compulsory licensing and protection of national interests.

 

Unit-2
Teaching Hours:12
PATENTS
 

 

Subject matter of patents – Criteria for protection – Procedure for getting patent protection – Concept of territoriality – Overview of the procedure for getting protection at the national level – Overview of the procedure for getting protection abroad – Ownership and assignment – Infringement – Remedies – Limitation and exceptions to patent rights – Compulsory licensing and protection of national interests.

 

Unit-2
Teaching Hours:12
PATENTS
 

 

Subject matter of patents – Criteria for protection – Procedure for getting patent protection – Concept of territoriality – Overview of the procedure for getting protection at the national level – Overview of the procedure for getting protection abroad – Ownership and assignment – Infringement – Remedies – Limitation and exceptions to patent rights – Compulsory licensing and protection of national interests.

 

Unit-2
Teaching Hours:12
PATENTS
 

 

Subject matter of patents – Criteria for protection – Procedure for getting patent protection – Concept of territoriality – Overview of the procedure for getting protection at the national level – Overview of the procedure for getting protection abroad – Ownership and assignment – Infringement – Remedies – Limitation and exceptions to patent rights – Compulsory licensing and protection of national interests.

 

Unit-2
Teaching Hours:12
PATENTS
 

 

Subject matter of patents – Criteria for protection – Procedure for getting patent protection – Concept of territoriality – Overview of the procedure for getting protection at the national level – Overview of the procedure for getting protection abroad – Ownership and assignment – Infringement – Remedies – Limitation and exceptions to patent rights – Compulsory licensing and protection of national interests.

 

Unit-2
Teaching Hours:12
PATENTS
 

 

Subject matter of patents – Criteria for protection – Procedure for getting patent protection – Concept of territoriality – Overview of the procedure for getting protection at the national level – Overview of the procedure for getting protection abroad – Ownership and assignment – Infringement – Remedies – Limitation and exceptions to patent rights – Compulsory licensing and protection of national interests.

 

Unit-3
Teaching Hours:12
COPYRIGHT
 

 

Subject matter of copyright – Criteria for copyright protection – Idea expression dichotomy and merger doctrine – Bundle of rights provided under copyright law – Moral rights – Assignment and licensing of copyright – Collective management of copyright – Infringement – Remedies – Limitations and exceptions to copyright.

 

Unit-3
Teaching Hours:12
COPYRIGHT
 

 

Subject matter of copyright – Criteria for copyright protection – Idea expression dichotomy and merger doctrine – Bundle of rights provided under copyright law – Moral rights – Assignment and licensing of copyright – Collective management of copyright – Infringement – Remedies – Limitations and exceptions to copyright.

 

Unit-3
Teaching Hours:12
COPYRIGHT
 

 

Subject matter of copyright – Criteria for copyright protection – Idea expression dichotomy and merger doctrine – Bundle of rights provided under copyright law – Moral rights – Assignment and licensing of copyright – Collective management of copyright – Infringement – Remedies – Limitations and exceptions to copyright.

 

Unit-3
Teaching Hours:12
COPYRIGHT
 

 

Subject matter of copyright – Criteria for copyright protection – Idea expression dichotomy and merger doctrine – Bundle of rights provided under copyright law – Moral rights – Assignment and licensing of copyright – Collective management of copyright – Infringement – Remedies – Limitations and exceptions to copyright.

 

Unit-3
Teaching Hours:12
COPYRIGHT
 

 

Subject matter of copyright – Criteria for copyright protection – Idea expression dichotomy and merger doctrine – Bundle of rights provided under copyright law – Moral rights – Assignment and licensing of copyright – Collective management of copyright – Infringement – Remedies – Limitations and exceptions to copyright.

 

Unit-3
Teaching Hours:12
COPYRIGHT
 

 

Subject matter of copyright – Criteria for copyright protection – Idea expression dichotomy and merger doctrine – Bundle of rights provided under copyright law – Moral rights – Assignment and licensing of copyright – Collective management of copyright – Infringement – Remedies – Limitations and exceptions to copyright.

 

Unit-3
Teaching Hours:12
COPYRIGHT
 

 

Subject matter of copyright – Criteria for copyright protection – Idea expression dichotomy and merger doctrine – Bundle of rights provided under copyright law – Moral rights – Assignment and licensing of copyright – Collective management of copyright – Infringement – Remedies – Limitations and exceptions to copyright.

 

Unit-3
Teaching Hours:12
COPYRIGHT
 

 

Subject matter of copyright – Criteria for copyright protection – Idea expression dichotomy and merger doctrine – Bundle of rights provided under copyright law – Moral rights – Assignment and licensing of copyright – Collective management of copyright – Infringement – Remedies – Limitations and exceptions to copyright.

 

Unit-3
Teaching Hours:12
COPYRIGHT
 

 

Subject matter of copyright – Criteria for copyright protection – Idea expression dichotomy and merger doctrine – Bundle of rights provided under copyright law – Moral rights – Assignment and licensing of copyright – Collective management of copyright – Infringement – Remedies – Limitations and exceptions to copyright.

 

Unit-4
Teaching Hours:12
TRADEMARK
 

 

Subject matter of trademarks – Criteria for protection – Procedure for getting trademark protection – Grounds for refusal – Absolute and relative grounds – Infringement of trademarks – Passing off – Remedies – Exceptions and limitations – Domain names and cybersquatting.

 

Unit-4
Teaching Hours:12
TRADEMARK
 

 

Subject matter of trademarks – Criteria for protection – Procedure for getting trademark protection – Grounds for refusal – Absolute and relative grounds – Infringement of trademarks – Passing off – Remedies – Exceptions and limitations – Domain names and cybersquatting.

 

Unit-4
Teaching Hours:12
TRADEMARK
 

 

Subject matter of trademarks – Criteria for protection – Procedure for getting trademark protection – Grounds for refusal – Absolute and relative grounds – Infringement of trademarks – Passing off – Remedies – Exceptions and limitations – Domain names and cybersquatting.

 

Unit-4
Teaching Hours:12
TRADEMARK
 

 

Subject matter of trademarks – Criteria for protection – Procedure for getting trademark protection – Grounds for refusal – Absolute and relative grounds – Infringement of trademarks – Passing off – Remedies – Exceptions and limitations – Domain names and cybersquatting.

 

Unit-4
Teaching Hours:12
TRADEMARK
 

 

Subject matter of trademarks – Criteria for protection – Procedure for getting trademark protection – Grounds for refusal – Absolute and relative grounds – Infringement of trademarks – Passing off – Remedies – Exceptions and limitations – Domain names and cybersquatting.

 

Unit-4
Teaching Hours:12
TRADEMARK
 

 

Subject matter of trademarks – Criteria for protection – Procedure for getting trademark protection – Grounds for refusal – Absolute and relative grounds – Infringement of trademarks – Passing off – Remedies – Exceptions and limitations – Domain names and cybersquatting.

 

Unit-4
Teaching Hours:12
TRADEMARK
 

 

Subject matter of trademarks – Criteria for protection – Procedure for getting trademark protection – Grounds for refusal – Absolute and relative grounds – Infringement of trademarks – Passing off – Remedies – Exceptions and limitations – Domain names and cybersquatting.

 

Unit-4
Teaching Hours:12
TRADEMARK
 

 

Subject matter of trademarks – Criteria for protection – Procedure for getting trademark protection – Grounds for refusal – Absolute and relative grounds – Infringement of trademarks – Passing off – Remedies – Exceptions and limitations – Domain names and cybersquatting.

 

Unit-4
Teaching Hours:12
TRADEMARK
 

 

Subject matter of trademarks – Criteria for protection – Procedure for getting trademark protection – Grounds for refusal – Absolute and relative grounds – Infringement of trademarks – Passing off – Remedies – Exceptions and limitations – Domain names and cybersquatting.

 

Unit-5
Teaching Hours:6
INDUSTRIAL DESIGNS
 

 

Subject matter of protection – Criteria for protection – Grounds for refusal – Ownership and assignment of rights – Infringement – Remedies – Exceptions and limitations – Overlap between copyright and design protection – Overlap between trademark and design protection.

 

Unit-5
Teaching Hours:6
INDUSTRIAL DESIGNS
 

 

Subject matter of protection – Criteria for protection – Grounds for refusal – Ownership and assignment of rights – Infringement – Remedies – Exceptions and limitations – Overlap between copyright and design protection – Overlap between trademark and design protection.

 

Unit-5
Teaching Hours:6
INDUSTRIAL DESIGNS
 

 

Subject matter of protection – Criteria for protection – Grounds for refusal – Ownership and assignment of rights – Infringement – Remedies – Exceptions and limitations – Overlap between copyright and design protection – Overlap between trademark and design protection.

 

Unit-5
Teaching Hours:6
INDUSTRIAL DESIGNS
 

 

Subject matter of protection – Criteria for protection – Grounds for refusal – Ownership and assignment of rights – Infringement – Remedies – Exceptions and limitations – Overlap between copyright and design protection – Overlap between trademark and design protection.

 

Unit-5
Teaching Hours:6
INDUSTRIAL DESIGNS
 

 

Subject matter of protection – Criteria for protection – Grounds for refusal – Ownership and assignment of rights – Infringement – Remedies – Exceptions and limitations – Overlap between copyright and design protection – Overlap between trademark and design protection.

 

Unit-5
Teaching Hours:6
INDUSTRIAL DESIGNS
 

 

Subject matter of protection – Criteria for protection – Grounds for refusal – Ownership and assignment of rights – Infringement – Remedies – Exceptions and limitations – Overlap between copyright and design protection – Overlap between trademark and design protection.

 

Unit-5
Teaching Hours:6
INDUSTRIAL DESIGNS
 

 

Subject matter of protection – Criteria for protection – Grounds for refusal – Ownership and assignment of rights – Infringement – Remedies – Exceptions and limitations – Overlap between copyright and design protection – Overlap between trademark and design protection.

 

Unit-5
Teaching Hours:6
INDUSTRIAL DESIGNS
 

 

Subject matter of protection – Criteria for protection – Grounds for refusal – Ownership and assignment of rights – Infringement – Remedies – Exceptions and limitations – Overlap between copyright and design protection – Overlap between trademark and design protection.

 

Unit-5
Teaching Hours:6
INDUSTRIAL DESIGNS
 

 

Subject matter of protection – Criteria for protection – Grounds for refusal – Ownership and assignment of rights – Infringement – Remedies – Exceptions and limitations – Overlap between copyright and design protection – Overlap between trademark and design protection.

 

Unit-6
Teaching Hours:8
EXPANDING HORIZONS OF IP
 

 

Trade secrets – Geographical Indications – Plant varieties and farmers rights – Protection of biodiversity – Protection of traditional knowledge and traditional cultural expressions – Protection of layout designs of integrated circuits.

 

Unit-6
Teaching Hours:8
EXPANDING HORIZONS OF IP
 

 

Trade secrets – Geographical Indications – Plant varieties and farmers rights – Protection of biodiversity – Protection of traditional knowledge and traditional cultural expressions – Protection of layout designs of integrated circuits.

 

Unit-6
Teaching Hours:8
EXPANDING HORIZONS OF IP
 

 

Trade secrets – Geographical Indications – Plant varieties and farmers rights – Protection of biodiversity – Protection of traditional knowledge and traditional cultural expressions – Protection of layout designs of integrated circuits.

 

Unit-6
Teaching Hours:8
EXPANDING HORIZONS OF IP
 

 

Trade secrets – Geographical Indications – Plant varieties and farmers rights – Protection of biodiversity – Protection of traditional knowledge and traditional cultural expressions – Protection of layout designs of integrated circuits.

 

Unit-6
Teaching Hours:8
EXPANDING HORIZONS OF IP
 

 

Trade secrets – Geographical Indications – Plant varieties and farmers rights – Protection of biodiversity – Protection of traditional knowledge and traditional cultural expressions – Protection of layout designs of integrated circuits.

 

Unit-6
Teaching Hours:8
EXPANDING HORIZONS OF IP
 

 

Trade secrets – Geographical Indications – Plant varieties and farmers rights – Protection of biodiversity – Protection of traditional knowledge and traditional cultural expressions – Protection of layout designs of integrated circuits.

 

Unit-6
Teaching Hours:8
EXPANDING HORIZONS OF IP
 

 

Trade secrets – Geographical Indications – Plant varieties and farmers rights – Protection of biodiversity – Protection of traditional knowledge and traditional cultural expressions – Protection of layout designs of integrated circuits.

 

Unit-6
Teaching Hours:8
EXPANDING HORIZONS OF IP
 

 

Trade secrets – Geographical Indications – Plant varieties and farmers rights – Protection of biodiversity – Protection of traditional knowledge and traditional cultural expressions – Protection of layout designs of integrated circuits.

 

Unit-6
Teaching Hours:8
EXPANDING HORIZONS OF IP
 

 

Trade secrets – Geographical Indications – Plant varieties and farmers rights – Protection of biodiversity – Protection of traditional knowledge and traditional cultural expressions – Protection of layout designs of integrated circuits.

 

Text Books And Reference Books:

 

1.     Subram, N. R. Demystifying Intellectual Property Rights. New Delhi: LexisNexis – Butterworths Wadhwa, Nagpur, 2009.

 

2.     Bainbridge, David. Intellectual Property. 5th ed. Pearson Education, 2003.

 

3.     Torremans, Paul, and Jon Holyoak, Intellectual Property Law. 2nd ed. Butterworths, 1988.

 

4.     Bains, Willam. Biotechnology from A to Z. 2nd ed. VCH, Federal Republic of Germany, 1998.

 

5.     Bainbridge, David. Intellectual Property. 5th ed. Addison-Wesley Longman Ltd, 2002.

 

6.     Colston, Catherine, and Kirsty Middleton. Modern Intellectual Property Law. 2nd ed, Cavendish Publishing, 2005.

 

7.     Kitchin, David, David Llewelyn and James Mellor. Kerly's Law of Trademarks and Trade Names. 14th ed, Sweet & Maxwell, 2005.

 

8.     Cook, Trevor. Pharmaceuticals Biotechnology and the Law. 2nd ed, LexisNexis, 2009.

 

9.     Chalton, Simon. The Legal Protection of Databases, Hawksmere Publication, 2001.

 

10.  Ryder, Rodney D. Intellectual Property Law, Concept of Commercialisation, Macmillan, 2005.

 

11.  Powell, Ed Baden. Intellectual Property and Media Law Companion. 4th ed, Law Matters Publishing, 2007.

 

12.  Intellectual Property, The Many faces of Public Domain Edward Elgar Publishing, 2007.

 

13.  Copinger and Skone James on Copyright, Vol. 1, Sweet & Maxwell, 2010.

 

14.  Cornish, Llewelyn and Aplin, Intellectual Property. 7th ed, Sweet & Maxwell, 2010.

 

15.  May, Christoper. Intellectual Property Rights, A Critical History. Lynne Rienner Publishers (2006).

 

16.  Curci, Jonathan. The Protection of Biodiversity and Traditional Knowledge in International Law of Intellectual Property. Rome: Touro International University, 2009.

 

17.  Echols, Marsha. A. Geographical Indications for Food Products, Kluwer Law International, 2008.

 

18.  Wilkof, Neil J., and Daniel Burkitt. Trademark Licensing. 2nd ed, Sweet & Maxwell, 2005.

 

19.  Adeney, Elizabeth. The Moral Rights of Authors and Performers: An International Comparative Analysis. London: Oxford University Press, 2006.

 

20.  Dutfield, Graham. Intellectual Property Rights and the Life Science Industries. 2nd ed, Ashgate Publishing, 2003.

 

21.  Fairpo, Anne. Taxation of Intellectual Property. 2nd ed, Bloomsbury Professional, 2009.

 

22.  Eastaway, Nigel, et al. Intellectual Property Law and Taxation, Thomson Reuters/Sweet & Maxwell, 2008.

 

23.  Gopalakrishnan, N. S. & Agitha T. G, Principles of Intellectual Property, Eastern Book Company, 2009

 

24.  Watal, Jayashree, Intellectual Property Rights in the WTO and Developing Countries, Oxford University Press 2001

 

25.  Akhil Prasad and Aditi Agarwala, Copyright Law Desk Book: Knowledge, Access and Development, Universal Law Publishing Co. 2009

 

26.  Gomulkiewics, Nguyen, Conway-Jones, Licensing Intellectual property: Law and Application, Aspen 2008

 

27.  Cohen, Loren et.al, Copyright in the Global Information Economy, Aspen, 2nd ed., 2006

 

28.  Peter K. Yu, Intellectual property and Information Wealth: Issues and Practices in the Digital Age, Pentagon Press 2009 Vol. I-IV

 

29.  Robert F. Braunies, Intellectual Property Protection of Fact-based Works: Copyright and Its Alternatives, Edward Elgar 2009

 

30.  Lee B. Burgunder, Legal Aspects of Managing Technology, West Legal Series in Business, 2nd ed.,2001

 

31.  Stavroula Karapapa, Private Copying, Routledge 2012

 

32.  Martin Howe, Russel-Clarke & Howe on Industrial Designs, Sweet& Maxwell 8th ed. 2006

 

33.  Terrell on the Law of Patents, Sweet&  Maxwell, 2011

 

34.  NunoPires de Carvalho, The TRIPS Regime of Trademarks and Designs, Kluwer Law International 2006

 

35.  V. J. Taraporewala, The Law of Intellectual Property, Thomson Reuters 2nded, 2013

 

Essential Reading / Recommended Reading

 

1.     Subram, N. R. Demystifying Intellectual Property Rights. New Delhi: LexisNexis – Butterworths Wadhwa, Nagpur, 2009.

 

2.     Bainbridge, David. Intellectual Property. 5th ed. Pearson Education, 2003.

 

3.     Torremans, Paul, and Jon Holyoak, Intellectual Property Law. 2nd ed. Butterworths, 1988.

 

4.     Bains, Willam. Biotechnology from A to Z. 2nd ed. VCH, Federal Republic of Germany, 1998.

 

5.     Bainbridge, David. Intellectual Property. 5th ed. Addison-Wesley Longman Ltd, 2002.

 

6.     Colston, Catherine, and Kirsty Middleton. Modern Intellectual Property Law. 2nd ed, Cavendish Publishing, 2005.

 

7.     Kitchin, David, David Llewelyn and James Mellor. Kerly's Law of Trademarks and Trade Names. 14th ed, Sweet & Maxwell, 2005.

 

8.     Cook, Trevor. Pharmaceuticals Biotechnology and the Law. 2nd ed, LexisNexis, 2009.

 

9.     Chalton, Simon. The Legal Protection of Databases, Hawksmere Publication, 2001.

 

10.  Ryder, Rodney D. Intellectual Property Law, Concept of Commercialisation, Macmillan, 2005.

 

11.  Powell, Ed Baden. Intellectual Property and Media Law Companion. 4th ed, Law Matters Publishing, 2007.

 

12.  Intellectual Property, The Many faces of Public Domain Edward Elgar Publishing, 2007.

 

13.  Copinger and Skone James on Copyright, Vol. 1, Sweet & Maxwell, 2010.

 

14.  Cornish, Llewelyn and Aplin, Intellectual Property. 7th ed, Sweet & Maxwell, 2010.

 

15.  May, Christoper. Intellectual Property Rights, A Critical History. Lynne Rienner Publishers (2006).

 

16.  Curci, Jonathan. The Protection of Biodiversity and Traditional Knowledge in International Law of Intellectual Property. Rome: Touro International University, 2009.

 

17.  Echols, Marsha. A. Geographical Indications for Food Products, Kluwer Law International, 2008.

 

18.  Wilkof, Neil J., and Daniel Burkitt. Trademark Licensing. 2nd ed, Sweet & Maxwell, 2005.

 

19.  Adeney, Elizabeth. The Moral Rights of Authors and Performers: An International Comparative Analysis. London: Oxford University Press, 2006.

 

20.  Dutfield, Graham. Intellectual Property Rights and the Life Science Industries. 2nd ed, Ashgate Publishing, 2003.

 

21.  Fairpo, Anne. Taxation of Intellectual Property. 2nd ed, Bloomsbury Professional, 2009.

 

22.  Eastaway, Nigel, et al. Intellectual Property Law and Taxation, Thomson Reuters/Sweet & Maxwell, 2008.

 

23.  Gopalakrishnan, N. S. & Agitha T. G, Principles of Intellectual Property, Eastern Book Company, 2009

 

24.  Watal, Jayashree, Intellectual Property Rights in the WTO and Developing Countries, Oxford University Press 2001

 

25.  Akhil Prasad and Aditi Agarwala, Copyright Law Desk Book: Knowledge, Access and Development, Universal Law Publishing Co. 2009

 

26.  Gomulkiewics, Nguyen, Conway-Jones, Licensing Intellectual property: Law and Application, Aspen 2008

 

27.  Cohen, Loren et.al, Copyright in the Global Information Economy, Aspen, 2nd ed., 2006

 

28.  Peter K. Yu, Intellectual property and Information Wealth: Issues and Practices in the Digital Age, Pentagon Press 2009 Vol. I-IV

 

29.  Robert F. Braunies, Intellectual Property Protection of Fact-based Works: Copyright and Its Alternatives, Edward Elgar 2009

 

30.  Lee B. Burgunder, Legal Aspects of Managing Technology, West Legal Series in Business, 2nd ed.,2001

 

31.  Stavroula Karapapa, Private Copying, Routledge 2012

 

32.  Martin Howe, Russel-Clarke & Howe on Industrial Designs, Sweet& Maxwell 8th ed. 2006

 

33.  Terrell on the Law of Patents, Sweet&  Maxwell, 2011

 

34.  NunoPires de Carvalho, The TRIPS Regime of Trademarks and Designs, Kluwer Law International 2006

 

35.  V. J. Taraporewala, The Law of Intellectual Property, Thomson Reuters 2nded, 2013

 

Evaluation Pattern

 

·       CIA I – Class Test / Assignment / Presentation            – 10%

 

·       CIA II – Mid Semester Examination                                 – 25%

 

·       CIA III – Research Topic                                                     – 10%

 

·       Attendance                                                                            – 05%

 

·       End Semester Examination                                                – 50%

 

                                                                                                TOTAL 100%

 

LAW667 - LEGAL RESEARCH AND WRITING (2022 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

Research Methodology course intends to create and enhance legal research skills

among students. Students would be able to appreciate the nuances of legal research

and the difficulty in having a scientific approach to legal research through the

discussions outlined in Unit I of the syllabus with the basics of legal research. Unit II

deals with the Research problem and Research design. Unit III deals with Research

Methods. Unit IV deals with Research ethics and Report Writing.

The main objective of this course is

● To acquaint the student of law with the scientific method of social science

research.

● To provide knowledge of the technique of selection, collection, and

interpretation of primary and secondary data in socio-legal research.

● An emphasis would be laid on practical training in writing a research paper

through this course.

Learning Outcome

CO1: Survey Literature to identify gaps in knowledge.

CO2: Review literature and write a systematic literature review.

CO3: Formulate research problem and identify research questions.

CO4: Evaluate and apply the most appropriate research method and draft a suitable research design for the study.

CO5: Employ sound logical legal reasoning in constructing arguments and drawing conclusions

CO6: Evince ethical practices

Unit-1
Teaching Hours:12
Unit I: Critical thinking and reading
 

1. Critical thinking

a. Locating assumptions in texts and arguments

b. Questioning assumptions

c. Evaluating evidence and assumptions

2. Critical reading

a. Understanding arguments, images as arguments

b. Reading judgements of given cases, reading research articles, reading

Law Commission reports,

c. Identification of claim statement, arguments, counter arguments, warrant and the theoretical background in research papers, questioning

validity of issues raised, arguments made and inferences drawn.

d. Reason vs. Rationalization

Unit-1
Teaching Hours:12
Unit I: Critical thinking and reading
 

1. Critical thinking

a. Locating assumptions in texts and arguments

b. Questioning assumptions

c. Evaluating evidence and assumptions

2. Critical reading

a. Understanding arguments, images as arguments

b. Reading judgements of given cases, reading research articles, reading

Law Commission reports,

c. Identification of claim statement, arguments, counter arguments, warrant and the theoretical background in research papers, questioning

validity of issues raised, arguments made and inferences drawn.

d. Reason vs. Rationalization

Unit-1
Teaching Hours:12
Unit I: Critical thinking and reading
 

1. Critical thinking

a. Locating assumptions in texts and arguments

b. Questioning assumptions

c. Evaluating evidence and assumptions

2. Critical reading

a. Understanding arguments, images as arguments

b. Reading judgements of given cases, reading research articles, reading

Law Commission reports,

c. Identification of claim statement, arguments, counter arguments, warrant and the theoretical background in research papers, questioning

validity of issues raised, arguments made and inferences drawn.

d. Reason vs. Rationalization

Unit-1
Teaching Hours:12
Unit I: Critical thinking and reading
 

1. Critical thinking

a. Locating assumptions in texts and arguments

b. Questioning assumptions

c. Evaluating evidence and assumptions

2. Critical reading

a. Understanding arguments, images as arguments

b. Reading judgements of given cases, reading research articles, reading

Law Commission reports,

c. Identification of claim statement, arguments, counter arguments, warrant and the theoretical background in research papers, questioning

validity of issues raised, arguments made and inferences drawn.

d. Reason vs. Rationalization

Unit-1
Teaching Hours:12
Unit I: Critical thinking and reading
 

1. Critical thinking

a. Locating assumptions in texts and arguments

b. Questioning assumptions

c. Evaluating evidence and assumptions

2. Critical reading

a. Understanding arguments, images as arguments

b. Reading judgements of given cases, reading research articles, reading

Law Commission reports,

c. Identification of claim statement, arguments, counter arguments, warrant and the theoretical background in research papers, questioning

validity of issues raised, arguments made and inferences drawn.

d. Reason vs. Rationalization

Unit-1
Teaching Hours:12
Unit I: Critical thinking and reading
 

1. Critical thinking

a. Locating assumptions in texts and arguments

b. Questioning assumptions

c. Evaluating evidence and assumptions

2. Critical reading

a. Understanding arguments, images as arguments

b. Reading judgements of given cases, reading research articles, reading

Law Commission reports,

c. Identification of claim statement, arguments, counter arguments, warrant and the theoretical background in research papers, questioning

validity of issues raised, arguments made and inferences drawn.

d. Reason vs. Rationalization

Unit-1
Teaching Hours:12
Unit I: Critical thinking and reading
 

1. Critical thinking

a. Locating assumptions in texts and arguments

b. Questioning assumptions

c. Evaluating evidence and assumptions

2. Critical reading

a. Understanding arguments, images as arguments

b. Reading judgements of given cases, reading research articles, reading

Law Commission reports,

c. Identification of claim statement, arguments, counter arguments, warrant and the theoretical background in research papers, questioning

validity of issues raised, arguments made and inferences drawn.

d. Reason vs. Rationalization

Unit-2
Teaching Hours:12
Unit II: Basics of Legal Research
 

1. Origins of research

2. Objectives of legal research

3. Scientific method – characteristics and applicability

4. Kinds of Research

5. Concepts and constructs

6. Relationship between theory and fact

Unit-2
Teaching Hours:12
Unit II: Basics of Legal Research
 

1. Origins of research

2. Objectives of legal research

3. Scientific method – characteristics and applicability

4. Kinds of Research

5. Concepts and constructs

6. Relationship between theory and fact

Unit-2
Teaching Hours:12
Unit II: Basics of Legal Research
 

1. Origins of research

2. Objectives of legal research

3. Scientific method – characteristics and applicability

4. Kinds of Research

5. Concepts and constructs

6. Relationship between theory and fact

Unit-2
Teaching Hours:12
Unit II: Basics of Legal Research
 

1. Origins of research

2. Objectives of legal research

3. Scientific method – characteristics and applicability

4. Kinds of Research

5. Concepts and constructs

6. Relationship between theory and fact

Unit-2
Teaching Hours:12
Unit II: Basics of Legal Research
 

1. Origins of research

2. Objectives of legal research

3. Scientific method – characteristics and applicability

4. Kinds of Research

5. Concepts and constructs

6. Relationship between theory and fact

Unit-2
Teaching Hours:12
Unit II: Basics of Legal Research
 

1. Origins of research

2. Objectives of legal research

3. Scientific method – characteristics and applicability

4. Kinds of Research

5. Concepts and constructs

6. Relationship between theory and fact

Unit-2
Teaching Hours:12
Unit II: Basics of Legal Research
 

1. Origins of research

2. Objectives of legal research

3. Scientific method – characteristics and applicability

4. Kinds of Research

5. Concepts and constructs

6. Relationship between theory and fact

Unit-3
Teaching Hours:12
Unit III: Stages of Research Process
 

1. Formulating Research Problem

2. Observation, news, socio-legal issues, contemporary developments

3. Asking the right questions

4. Review of literature

5. Types of research

a. Descriptive,

b. Analytical,

c. Diagnostic and

d. Historical

6. The distinction between Research Methods and Methodology,

7. The distinction between Basic and Applied Research, Qualitative and

Quantitative research

8. Formulating research questions

9. Inductive and deductive legal reasoning

10. Research Design, Sampling techniques, Sources of Data, Data Analysis and

interpretation

Unit-3
Teaching Hours:12
Unit III: Stages of Research Process
 

1. Formulating Research Problem

2. Observation, news, socio-legal issues, contemporary developments

3. Asking the right questions

4. Review of literature

5. Types of research

a. Descriptive,

b. Analytical,

c. Diagnostic and

d. Historical

6. The distinction between Research Methods and Methodology,

7. The distinction between Basic and Applied Research, Qualitative and

Quantitative research

8. Formulating research questions

9. Inductive and deductive legal reasoning

10. Research Design, Sampling techniques, Sources of Data, Data Analysis and

interpretation

Unit-3
Teaching Hours:12
Unit III: Stages of Research Process
 

1. Formulating Research Problem

2. Observation, news, socio-legal issues, contemporary developments

3. Asking the right questions

4. Review of literature

5. Types of research

a. Descriptive,

b. Analytical,

c. Diagnostic and

d. Historical

6. The distinction between Research Methods and Methodology,

7. The distinction between Basic and Applied Research, Qualitative and

Quantitative research

8. Formulating research questions

9. Inductive and deductive legal reasoning

10. Research Design, Sampling techniques, Sources of Data, Data Analysis and

interpretation

Unit-3
Teaching Hours:12
Unit III: Stages of Research Process
 

1. Formulating Research Problem

2. Observation, news, socio-legal issues, contemporary developments

3. Asking the right questions

4. Review of literature

5. Types of research

a. Descriptive,

b. Analytical,

c. Diagnostic and

d. Historical

6. The distinction between Research Methods and Methodology,

7. The distinction between Basic and Applied Research, Qualitative and

Quantitative research

8. Formulating research questions

9. Inductive and deductive legal reasoning

10. Research Design, Sampling techniques, Sources of Data, Data Analysis and

interpretation

Unit-3
Teaching Hours:12
Unit III: Stages of Research Process
 

1. Formulating Research Problem

2. Observation, news, socio-legal issues, contemporary developments

3. Asking the right questions

4. Review of literature

5. Types of research

a. Descriptive,

b. Analytical,

c. Diagnostic and

d. Historical

6. The distinction between Research Methods and Methodology,

7. The distinction between Basic and Applied Research, Qualitative and

Quantitative research

8. Formulating research questions

9. Inductive and deductive legal reasoning

10. Research Design, Sampling techniques, Sources of Data, Data Analysis and

interpretation

Unit-3
Teaching Hours:12
Unit III: Stages of Research Process
 

1. Formulating Research Problem

2. Observation, news, socio-legal issues, contemporary developments

3. Asking the right questions

4. Review of literature

5. Types of research

a. Descriptive,

b. Analytical,

c. Diagnostic and

d. Historical

6. The distinction between Research Methods and Methodology,

7. The distinction between Basic and Applied Research, Qualitative and

Quantitative research

8. Formulating research questions

9. Inductive and deductive legal reasoning

10. Research Design, Sampling techniques, Sources of Data, Data Analysis and

interpretation

Unit-3
Teaching Hours:12
Unit III: Stages of Research Process
 

1. Formulating Research Problem

2. Observation, news, socio-legal issues, contemporary developments

3. Asking the right questions

4. Review of literature

5. Types of research

a. Descriptive,

b. Analytical,

c. Diagnostic and

d. Historical

6. The distinction between Research Methods and Methodology,

7. The distinction between Basic and Applied Research, Qualitative and

Quantitative research

8. Formulating research questions

9. Inductive and deductive legal reasoning

10. Research Design, Sampling techniques, Sources of Data, Data Analysis and

interpretation

Unit-4
Teaching Hours:12
Unit IV: Report writing
 

1. Persuasion, arguments, disputes, analysis

2. Non-rational appeals, emotional appeals, fallacies

3. Toulmin method

4. Academic Writing

a. Rhetoric

b. Intended audience, audience as a collaborator

c. Opening paragraphs, tone of writing, overall organization and

presentation, establishing the conclusion

Unit-4
Teaching Hours:12
Unit IV: Report writing
 

1. Persuasion, arguments, disputes, analysis

2. Non-rational appeals, emotional appeals, fallacies

3. Toulmin method

4. Academic Writing

a. Rhetoric

b. Intended audience, audience as a collaborator

c. Opening paragraphs, tone of writing, overall organization and

presentation, establishing the conclusion

Unit-4
Teaching Hours:12
Unit IV: Report writing
 

1. Persuasion, arguments, disputes, analysis

2. Non-rational appeals, emotional appeals, fallacies

3. Toulmin method

4. Academic Writing

a. Rhetoric

b. Intended audience, audience as a collaborator

c. Opening paragraphs, tone of writing, overall organization and

presentation, establishing the conclusion

Unit-4
Teaching Hours:12
Unit IV: Report writing
 

1. Persuasion, arguments, disputes, analysis

2. Non-rational appeals, emotional appeals, fallacies

3. Toulmin method

4. Academic Writing

a. Rhetoric

b. Intended audience, audience as a collaborator

c. Opening paragraphs, tone of writing, overall organization and

presentation, establishing the conclusion

Unit-4
Teaching Hours:12
Unit IV: Report writing
 

1. Persuasion, arguments, disputes, analysis

2. Non-rational appeals, emotional appeals, fallacies

3. Toulmin method

4. Academic Writing

a. Rhetoric

b. Intended audience, audience as a collaborator

c. Opening paragraphs, tone of writing, overall organization and

presentation, establishing the conclusion

Unit-4
Teaching Hours:12
Unit IV: Report writing
 

1. Persuasion, arguments, disputes, analysis

2. Non-rational appeals, emotional appeals, fallacies

3. Toulmin method

4. Academic Writing

a. Rhetoric

b. Intended audience, audience as a collaborator

c. Opening paragraphs, tone of writing, overall organization and

presentation, establishing the conclusion

Unit-4
Teaching Hours:12
Unit IV: Report writing
 

1. Persuasion, arguments, disputes, analysis

2. Non-rational appeals, emotional appeals, fallacies

3. Toulmin method

4. Academic Writing

a. Rhetoric

b. Intended audience, audience as a collaborator

c. Opening paragraphs, tone of writing, overall organization and

presentation, establishing the conclusion

Unit-5
Teaching Hours:12
Unit V: Research Ethics
 

1. Ethics and integrity in research – Respect, Beneficence, Justice

2. Plagiarism, self-plagiarism

3. Questionable Research Practices - Harking- P-hacking- Cherry picking-

Data snooping

Unit-5
Teaching Hours:12
Unit V: Research Ethics
 

1. Ethics and integrity in research – Respect, Beneficence, Justice

2. Plagiarism, self-plagiarism

3. Questionable Research Practices - Harking- P-hacking- Cherry picking-

Data snooping

Unit-5
Teaching Hours:12
Unit V: Research Ethics
 

1. Ethics and integrity in research – Respect, Beneficence, Justice

2. Plagiarism, self-plagiarism

3. Questionable Research Practices - Harking- P-hacking- Cherry picking-

Data snooping

Unit-5
Teaching Hours:12
Unit V: Research Ethics
 

1. Ethics and integrity in research – Respect, Beneficence, Justice

2. Plagiarism, self-plagiarism

3. Questionable Research Practices - Harking- P-hacking- Cherry picking-

Data snooping

Unit-5
Teaching Hours:12
Unit V: Research Ethics
 

1. Ethics and integrity in research – Respect, Beneficence, Justice

2. Plagiarism, self-plagiarism

3. Questionable Research Practices - Harking- P-hacking- Cherry picking-

Data snooping

Unit-5
Teaching Hours:12
Unit V: Research Ethics
 

1. Ethics and integrity in research – Respect, Beneficence, Justice

2. Plagiarism, self-plagiarism

3. Questionable Research Practices - Harking- P-hacking- Cherry picking-

Data snooping

Unit-5
Teaching Hours:12
Unit V: Research Ethics
 

1. Ethics and integrity in research – Respect, Beneficence, Justice

2. Plagiarism, self-plagiarism

3. Questionable Research Practices - Harking- P-hacking- Cherry picking-

Data snooping

Text Books And Reference Books:

1. Whitney, F.L, The Elements of Research

2. Goode. William J And Hatt. Faul, H, Methods In Social Research

3. I.L.I Legal Research and Methodology

4. Verma S K, Legal Research & Methodology

5. Verma, S.K & Afzal Wani, M, Legal Research and Methods

Essential Reading / Recommended Reading

1. Amy E Sloan, Basic Method Research – Tools and Materials

2. Pauline V.Young, Scientific Social Survey and Research

3. Morris L. Cohan, Legal Research in Nutshell

4. Harvard Law Review Association, Uniform System of Citations

5. Ranjit Kumar, Research Methodology: A Step By-Self Guide for Beginners

6. Krishna Swami, Methodology of Research in Social Sciences

7. Dr. Tewari H N, Legal Research Methodology

8. Joseph Gibaldi, MLA Handbook for Writers of Research Papers

9. Myneni S R, Legal Research Methodology

10. Anwarul Yagin, Legal Research & Writing Methods

11. Robert Watt, Concise Legal Research

Evaluation Pattern

1. Assignment – submission of Literature Review

- 20%

2. Written test/ Viva - Statement of problem,

research questions, research methodology -

20%

3. Submission of research paper/ Weekly Diary/

Coursera certificate - 15%

4. Attendance - 5%

5. Publication of Research paper in a reputed

journal/viva - 30%

6. Viva - 10%

LAW751 - ADMINISTRATIVE LAW (2021 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

Administration is an individual’s interface with the State. Due to radical change in the philosophy regarding the role and function of the state (from laissez faire to welfare), the opportunities of interaction with administration have increased manifold and continue to increase further. The situation is such that administrative actions impinges on every aspect of an individual’s life. Due to unprecedented rise in state intervention in an individual’s (whether citizen or non-citizen) life, the possibilities of accumulation of uncontrolled power and of arbitrariness in its exercise too has increased. This in turn has started adversely affecting legal rights granted to an individual by the law. Therefore, administrative law has been systematically developed as an instrument to ensure that the powers entrusted or delegated to the administrative authorities are exercised strictly in accordance with the law. Its rapid growth in the 20th century is regarded as the most significant development in the field of law. It deals with legal framework governing public administration and the principles to control executive power to avoid arbitrariness.

 

Course Objectives: 

1.   To study the interface between an individual and the State due to radical change in the philosophy regarding the role and functions of the State(from laissez faire to welfare).

 

2.   To analyse the possibilities of accumulation of uncontrolled power and of arbitrariness in its exercise by administrative authorities.

 

3.   To examine the factors affecting legal rights granted to an individual by the law.

 

4. To evaluate the legal framework governing public administration and the principles to control executive power to avoid arbitrariness.

Learning Outcome

CO1: Define and recall various concepts and legal issues associated with Administrative Law.

CO2: Summarize and explain the reasons behind the increasing delegation of powers and its corresponding controls.

CO3: Apply legal principles to analyse instances of abuse related to discretionary and delegated powers exercised by public authorities and demonstrate the application of relevant legal concepts to real-world scenarios.

CO4: Critically examine and break down the grievance mechanism designed to protect citizen's rights within the framework of Administrative Law and analyse the impact of the delegation of powers on administrative decision-making processes

CO5: Evaluate the implications of discretionary powers on the rule of law and citizen rights.

CO6: Develop strategies for enhancing the grievance mechanism to better protect citizen's rights.

Unit-1
Teaching Hours:15
INTRODUCTION TO ADMINISTRATIVE LAW AND DELEGATED LEGISLATION
 

1.1.            1.1 Evolution, nature and scope of administrative law, reasons for the growth of administrative law in 21st century in India.

1.2.          1.2   Laissez-faire State, social welfare state, and modern state, comparative evolution,

1.3.          1.3  Relationship between Administrative Law and Constitutional Law.

1.4.           1.4  Classification of functions of government, doctrine of rule of law, doctrine of separation of powers.

1.5.          1.5  Concept, growth and development, classification, comparative position – UK; USA; India, excessive delegation, quasi legislation and sub – ordinate legislation constitutional limits, and control mechanism

Unit-1
Teaching Hours:15
INTRODUCTION TO ADMINISTRATIVE LAW AND DELEGATED LEGISLATION
 

1.1.            1.1 Evolution, nature and scope of administrative law, reasons for the growth of administrative law in 21st century in India.

1.2.          1.2   Laissez-faire State, social welfare state, and modern state, comparative evolution,

1.3.          1.3  Relationship between Administrative Law and Constitutional Law.

1.4.           1.4  Classification of functions of government, doctrine of rule of law, doctrine of separation of powers.

1.5.          1.5  Concept, growth and development, classification, comparative position – UK; USA; India, excessive delegation, quasi legislation and sub – ordinate legislation constitutional limits, and control mechanism

Unit-1
Teaching Hours:15
INTRODUCTION TO ADMINISTRATIVE LAW AND DELEGATED LEGISLATION
 

1.1.            1.1 Evolution, nature and scope of administrative law, reasons for the growth of administrative law in 21st century in India.

1.2.          1.2   Laissez-faire State, social welfare state, and modern state, comparative evolution,

1.3.          1.3  Relationship between Administrative Law and Constitutional Law.

1.4.           1.4  Classification of functions of government, doctrine of rule of law, doctrine of separation of powers.

1.5.          1.5  Concept, growth and development, classification, comparative position – UK; USA; India, excessive delegation, quasi legislation and sub – ordinate legislation constitutional limits, and control mechanism

Unit-1
Teaching Hours:15
INTRODUCTION TO ADMINISTRATIVE LAW AND DELEGATED LEGISLATION
 

1.1.            1.1 Evolution, nature and scope of administrative law, reasons for the growth of administrative law in 21st century in India.

1.2.          1.2   Laissez-faire State, social welfare state, and modern state, comparative evolution,

1.3.          1.3  Relationship between Administrative Law and Constitutional Law.

1.4.           1.4  Classification of functions of government, doctrine of rule of law, doctrine of separation of powers.

1.5.          1.5  Concept, growth and development, classification, comparative position – UK; USA; India, excessive delegation, quasi legislation and sub – ordinate legislation constitutional limits, and control mechanism

Unit-2
Teaching Hours:12
NATURAL JUSTICE
 

2.1.     Concept, growth of principles of natural justice.

2.2.   Rules of natural justice: nemojudex in causasua – rule against bias, audi alteram partem – right to be heard, reasoned decision & right to legal representation.

2.3.  Expanding horizon of natural justice, duty to act fairly & legitimate expectation, other procedural norms,

2.4.      Exclusion of natural justice,

2.5.      Effect of failure to comply with principles of natural justice.

Unit-2
Teaching Hours:12
NATURAL JUSTICE
 

2.1.     Concept, growth of principles of natural justice.

2.2.   Rules of natural justice: nemojudex in causasua – rule against bias, audi alteram partem – right to be heard, reasoned decision & right to legal representation.

2.3.  Expanding horizon of natural justice, duty to act fairly & legitimate expectation, other procedural norms,

2.4.      Exclusion of natural justice,

2.5.      Effect of failure to comply with principles of natural justice.

Unit-2
Teaching Hours:12
NATURAL JUSTICE
 

2.1.     Concept, growth of principles of natural justice.

2.2.   Rules of natural justice: nemojudex in causasua – rule against bias, audi alteram partem – right to be heard, reasoned decision & right to legal representation.

2.3.  Expanding horizon of natural justice, duty to act fairly & legitimate expectation, other procedural norms,

2.4.      Exclusion of natural justice,

2.5.      Effect of failure to comply with principles of natural justice.

Unit-2
Teaching Hours:12
NATURAL JUSTICE
 

2.1.     Concept, growth of principles of natural justice.

2.2.   Rules of natural justice: nemojudex in causasua – rule against bias, audi alteram partem – right to be heard, reasoned decision & right to legal representation.

2.3.  Expanding horizon of natural justice, duty to act fairly & legitimate expectation, other procedural norms,

2.4.      Exclusion of natural justice,

2.5.      Effect of failure to comply with principles of natural justice.

Unit-3
Teaching Hours:14
ADMINISTRATIVE DISCRETIONARY POWERS, ADMINISTRATIVE ACTION AND JUDICIAL REVIEW AND REMEDIES
 

3.1.  Discretionary powers, judicial control over administrative discretion.

3.2.  Fundamental Rights and administrative discretion, reasonable exercise of power and Wednesbury principle.

3.3.      Grounds of judicial review of administrative action, constitutional remedies, private law remedies.

3.4.      Doctrine of legitimate expectation, doctrine of public accountability, doctrine of proportionality.

3.5.      Laches, and exclusion of jurisdiction.

Unit-3
Teaching Hours:14
ADMINISTRATIVE DISCRETIONARY POWERS, ADMINISTRATIVE ACTION AND JUDICIAL REVIEW AND REMEDIES
 

3.1.  Discretionary powers, judicial control over administrative discretion.

3.2.  Fundamental Rights and administrative discretion, reasonable exercise of power and Wednesbury principle.

3.3.      Grounds of judicial review of administrative action, constitutional remedies, private law remedies.

3.4.      Doctrine of legitimate expectation, doctrine of public accountability, doctrine of proportionality.

3.5.      Laches, and exclusion of jurisdiction.

Unit-3
Teaching Hours:14
ADMINISTRATIVE DISCRETIONARY POWERS, ADMINISTRATIVE ACTION AND JUDICIAL REVIEW AND REMEDIES
 

3.1.  Discretionary powers, judicial control over administrative discretion.

3.2.  Fundamental Rights and administrative discretion, reasonable exercise of power and Wednesbury principle.

3.3.      Grounds of judicial review of administrative action, constitutional remedies, private law remedies.

3.4.      Doctrine of legitimate expectation, doctrine of public accountability, doctrine of proportionality.

3.5.      Laches, and exclusion of jurisdiction.

Unit-3
Teaching Hours:14
ADMINISTRATIVE DISCRETIONARY POWERS, ADMINISTRATIVE ACTION AND JUDICIAL REVIEW AND REMEDIES
 

3.1.  Discretionary powers, judicial control over administrative discretion.

3.2.  Fundamental Rights and administrative discretion, reasonable exercise of power and Wednesbury principle.

3.3.      Grounds of judicial review of administrative action, constitutional remedies, private law remedies.

3.4.      Doctrine of legitimate expectation, doctrine of public accountability, doctrine of proportionality.

3.5.      Laches, and exclusion of jurisdiction.

Unit-4
Teaching Hours:12
ADMINISTRATIVE ADJUDICATION AND MALADMINISTRATION & ALTERNATIVE REMEDIES
 

4.1.      Concept of administration adjudication, reason for the growth, administrative tribunals.

4.2.      Concept and need of Ombudsman, Ombudsman in India – Lokpal, Lokayukta in States, (Lokpal and Lokayukta Act, 2013)

4.3.      Central Vigilance Commission (CVC)

4.4.      Right to Information (Right to Information Act, 2005 and its Salient features, Main Objectives and its impact)

4.5.      Cases – Vineet Narain v. Union of India (1998) 1 SCC 226

 

Unit-4
Teaching Hours:12
ADMINISTRATIVE ADJUDICATION AND MALADMINISTRATION & ALTERNATIVE REMEDIES
 

4.1.      Concept of administration adjudication, reason for the growth, administrative tribunals.

4.2.      Concept and need of Ombudsman, Ombudsman in India – Lokpal, Lokayukta in States, (Lokpal and Lokayukta Act, 2013)

4.3.      Central Vigilance Commission (CVC)

4.4.      Right to Information (Right to Information Act, 2005 and its Salient features, Main Objectives and its impact)

4.5.      Cases – Vineet Narain v. Union of India (1998) 1 SCC 226

 

Unit-4
Teaching Hours:12
ADMINISTRATIVE ADJUDICATION AND MALADMINISTRATION & ALTERNATIVE REMEDIES
 

4.1.      Concept of administration adjudication, reason for the growth, administrative tribunals.

4.2.      Concept and need of Ombudsman, Ombudsman in India – Lokpal, Lokayukta in States, (Lokpal and Lokayukta Act, 2013)

4.3.      Central Vigilance Commission (CVC)

4.4.      Right to Information (Right to Information Act, 2005 and its Salient features, Main Objectives and its impact)

4.5.      Cases – Vineet Narain v. Union of India (1998) 1 SCC 226

 

Unit-4
Teaching Hours:12
ADMINISTRATIVE ADJUDICATION AND MALADMINISTRATION & ALTERNATIVE REMEDIES
 

4.1.      Concept of administration adjudication, reason for the growth, administrative tribunals.

4.2.      Concept and need of Ombudsman, Ombudsman in India – Lokpal, Lokayukta in States, (Lokpal and Lokayukta Act, 2013)

4.3.      Central Vigilance Commission (CVC)

4.4.      Right to Information (Right to Information Act, 2005 and its Salient features, Main Objectives and its impact)

4.5.      Cases – Vineet Narain v. Union of India (1998) 1 SCC 226

 

Unit-5
Teaching Hours:7
GOVERNMENT AS A LITIGANT
 

5.1.      Development of the concept of state liability

5.2.      Tortuous liability

5.3.      Contractual liability

5.4.      Privileges of Government

5.5.      Doctrine of Estoppel and Waiver

Unit-5
Teaching Hours:7
GOVERNMENT AS A LITIGANT
 

5.1.      Development of the concept of state liability

5.2.      Tortuous liability

5.3.      Contractual liability

5.4.      Privileges of Government

5.5.      Doctrine of Estoppel and Waiver

Unit-5
Teaching Hours:7
GOVERNMENT AS A LITIGANT
 

5.1.      Development of the concept of state liability

5.2.      Tortuous liability

5.3.      Contractual liability

5.4.      Privileges of Government

5.5.      Doctrine of Estoppel and Waiver

Unit-5
Teaching Hours:7
GOVERNMENT AS A LITIGANT
 

5.1.      Development of the concept of state liability

5.2.      Tortuous liability

5.3.      Contractual liability

5.4.      Privileges of Government

5.5.      Doctrine of Estoppel and Waiver

Text Books And Reference Books:

  1. Jain M. P., and S. N. Jain, Principles of Administrative Law. Nagpur: Lexis Nexis, India, 2010.
  2. Jain, M. P. Cases and Materials on Indian Administrative Law. Nagpur: Lexis Nexis, India.
  3. Basu, Durga Das. Administrative Law.
  4. Sathe, S. P. Administrative Law.LexisNexis, India, 2004 (2010).
  5. Massey, I. P. Administrative Law. Lucknow: Eastern Book Co., 2008.
  6. Takwani, C. K. Administrative Law. Lucknow: Eastern Book Co., 1980.
  7. Wade, H. R. W. Administrative Law. New York: Oxford University Press, 2000.
  8. Administrative Law - Leading Cases Materials & Q.A. – Ashok K.Jain
  9. Administrative Law - Prof. U.P.D.Kesari & Dr. Aditya Kesari
  10. Administrative Law – Dr. Kailash Rai

 

 

Essential Reading / Recommended Reading
    1. Jain M. P., and S. N. Jain, Principles of Administrative Law. Nagpur: Lexis Nexis, India, 2010.
    2. Jain, M. P. Cases and Materials on Indian Administrative Law. Nagpur: Lexis Nexis, India.
    3. Basu, Durga Das. Administrative Law.
    4. Sathe, S. P. Administrative Law.LexisNexis, India, 2004 (2010).
    5. Massey, I. P. Administrative Law. Lucknow: Eastern Book Co., 2018.
    6. Takwani, C. K. Administrative Law. Lucknow: Eastern Book Co., 1980.
    7. Wade, H. R. W. Administrative Law. New York: Oxford University Press, 2000.
Evaluation Pattern

SCHEME OF VALUATION

·         CIA I – Class Test / Assignment / Presentation             – 10%

·         CIA II – Mid Semester Examination                                  – 25%

·         CIA III – Research Topic/Group Activity                        – 10%

·         Attendance                                                                            – 05%

·         End Semester Examination                                                – 50%

                                                                                                TOTAL 100%

LAW752 - PUBLIC INTERNATIONAL LAW (2021 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

This course on the principles of public international law is offered to students of the seventh semester. The basic principles of international law are dealt with extensively in this course. The course aims to help students to understand the theory and practice of international law.

Learning Outcome

CO1: Demonstrate comprehensive and accurate knowledge and understanding of those aspects of public international law which have been identified in the indicative syllabus above

CO2: Demonstrate a sound knowledge and critical understanding of how international politics, international relations and economics have influenced the formulation and development of public international law.

CO3: Demonstrate both sound knowledge and a critical understanding of enforcement mechanisms in public international law.

CO4: Critically analyse complex problems in public international law, apply the legal principles studied to these problems, evaluate competing arguments and present well-supported conclusions, both orally and in writing.

CO5: Analyse both primary and secondary sources of public international law, including international treaties, with minimal guidance.

CO6: Critically analyse, interpret, evaluate and synthesise information from a variety of sources.

Unit-1
Teaching Hours:6
INTRODUCTION TO INTERNATIONAL LAW
 

Definition, Nature, Relationship and Difference between Public International Law and

Private International Law, Importance of International Law, Theory of Law of Nature,

Theory of Positivism, True Basis of International Law, Theory of Consent, Theory of

Auto Limitation, New trends.

Unit-1
Teaching Hours:6
INTRODUCTION TO INTERNATIONAL LAW
 

Definition, Nature, Relationship and Difference between Public International Law and

Private International Law, Importance of International Law, Theory of Law of Nature,

Theory of Positivism, True Basis of International Law, Theory of Consent, Theory of

Auto Limitation, New trends.

Unit-1
Teaching Hours:6
INTRODUCTION TO INTERNATIONAL LAW
 

Definition, Nature, Relationship and Difference between Public International Law and

Private International Law, Importance of International Law, Theory of Law of Nature,

Theory of Positivism, True Basis of International Law, Theory of Consent, Theory of

Auto Limitation, New trends.

Unit-1
Teaching Hours:6
INTRODUCTION TO INTERNATIONAL LAW
 

Definition, Nature, Relationship and Difference between Public International Law and

Private International Law, Importance of International Law, Theory of Law of Nature,

Theory of Positivism, True Basis of International Law, Theory of Consent, Theory of

Auto Limitation, New trends.

Unit-2
Teaching Hours:6
SOURCES OF INTERNATIONAL LAW
 

Source Doctrine in International Law (Art.38(1) of the Statute of ICJ), Is there a

hierarchy of sources in international law? Relative normativity in international law (the

“soft law” discourse)—e.g. Friendly Relations Declarations, 1970, NIEO Declaration,

1974 etc. Relationship between international law and municipal law—monism and

dualism Concept of treaty—Pacta Sunt Servanda, Rebus sic stantibus , Treatymaking

(negotiations, signature, reservations—Vienna Convention on the Law of

Treaties, Interpretation, Modification and Amendment of Treaties, Invalidity,

Termination and Suspension of Treaties. Relationship between customs and treaties.

Unit-2
Teaching Hours:6
SOURCES OF INTERNATIONAL LAW
 

Source Doctrine in International Law (Art.38(1) of the Statute of ICJ), Is there a

hierarchy of sources in international law? Relative normativity in international law (the

“soft law” discourse)—e.g. Friendly Relations Declarations, 1970, NIEO Declaration,

1974 etc. Relationship between international law and municipal law—monism and

dualism Concept of treaty—Pacta Sunt Servanda, Rebus sic stantibus , Treatymaking

(negotiations, signature, reservations—Vienna Convention on the Law of

Treaties, Interpretation, Modification and Amendment of Treaties, Invalidity,

Termination and Suspension of Treaties. Relationship between customs and treaties.

Unit-2
Teaching Hours:6
SOURCES OF INTERNATIONAL LAW
 

Source Doctrine in International Law (Art.38(1) of the Statute of ICJ), Is there a

hierarchy of sources in international law? Relative normativity in international law (the

“soft law” discourse)—e.g. Friendly Relations Declarations, 1970, NIEO Declaration,

1974 etc. Relationship between international law and municipal law—monism and

dualism Concept of treaty—Pacta Sunt Servanda, Rebus sic stantibus , Treatymaking

(negotiations, signature, reservations—Vienna Convention on the Law of

Treaties, Interpretation, Modification and Amendment of Treaties, Invalidity,

Termination and Suspension of Treaties. Relationship between customs and treaties.

Unit-2
Teaching Hours:6
SOURCES OF INTERNATIONAL LAW
 

Source Doctrine in International Law (Art.38(1) of the Statute of ICJ), Is there a

hierarchy of sources in international law? Relative normativity in international law (the

“soft law” discourse)—e.g. Friendly Relations Declarations, 1970, NIEO Declaration,

1974 etc. Relationship between international law and municipal law—monism and

dualism Concept of treaty—Pacta Sunt Servanda, Rebus sic stantibus , Treatymaking

(negotiations, signature, reservations—Vienna Convention on the Law of

Treaties, Interpretation, Modification and Amendment of Treaties, Invalidity,

Termination and Suspension of Treaties. Relationship between customs and treaties.

Unit-3
Teaching Hours:6
SUBJECTS OF INTERNATIONAL LAW
 

Individuals, States; International Organizations; Non State Entities; Entities Sui

Generis, Definition and Incidence of Statehood; Rights and Duties of States;

Recognition – Theories, Modes, Effects of Recognition. State Territory; Modes of

Acquisition; Modes of Loss, Definition of State Succession; Rights and Duties Arising

out of State Succession Doctrine of State jurisdiction, State Responsibility, ILC’s effort

to codify state responsibility, ILC Draft Articles on the Responsibility of States for

Internationally Wrongful Acts

Unit-3
Teaching Hours:6
SUBJECTS OF INTERNATIONAL LAW
 

Individuals, States; International Organizations; Non State Entities; Entities Sui

Generis, Definition and Incidence of Statehood; Rights and Duties of States;

Recognition – Theories, Modes, Effects of Recognition. State Territory; Modes of

Acquisition; Modes of Loss, Definition of State Succession; Rights and Duties Arising

out of State Succession Doctrine of State jurisdiction, State Responsibility, ILC’s effort

to codify state responsibility, ILC Draft Articles on the Responsibility of States for

Internationally Wrongful Acts

Unit-3
Teaching Hours:6
SUBJECTS OF INTERNATIONAL LAW
 

Individuals, States; International Organizations; Non State Entities; Entities Sui

Generis, Definition and Incidence of Statehood; Rights and Duties of States;

Recognition – Theories, Modes, Effects of Recognition. State Territory; Modes of

Acquisition; Modes of Loss, Definition of State Succession; Rights and Duties Arising

out of State Succession Doctrine of State jurisdiction, State Responsibility, ILC’s effort

to codify state responsibility, ILC Draft Articles on the Responsibility of States for

Internationally Wrongful Acts

Unit-3
Teaching Hours:6
SUBJECTS OF INTERNATIONAL LAW
 

Individuals, States; International Organizations; Non State Entities; Entities Sui

Generis, Definition and Incidence of Statehood; Rights and Duties of States;

Recognition – Theories, Modes, Effects of Recognition. State Territory; Modes of

Acquisition; Modes of Loss, Definition of State Succession; Rights and Duties Arising

out of State Succession Doctrine of State jurisdiction, State Responsibility, ILC’s effort

to codify state responsibility, ILC Draft Articles on the Responsibility of States for

Internationally Wrongful Acts

Unit-4
Teaching Hours:6
LAW OF TREATIES
 

Concept of treaty—Pacta Sunt Servanda, Rebus sic stantibus

Treaty-making (negotiations, signature, reservations—Vienna Convention on the Law

of Treaties)

Interpretation, Modification and Amendment of Treaties

Invalidity, Termination and Suspension of Treaties

Unit-4
Teaching Hours:6
LAW OF TREATIES
 

Concept of treaty—Pacta Sunt Servanda, Rebus sic stantibus

Treaty-making (negotiations, signature, reservations—Vienna Convention on the Law

of Treaties)

Interpretation, Modification and Amendment of Treaties

Invalidity, Termination and Suspension of Treaties

Unit-4
Teaching Hours:6
LAW OF TREATIES
 

Concept of treaty—Pacta Sunt Servanda, Rebus sic stantibus

Treaty-making (negotiations, signature, reservations—Vienna Convention on the Law

of Treaties)

Interpretation, Modification and Amendment of Treaties

Invalidity, Termination and Suspension of Treaties

Unit-4
Teaching Hours:6
LAW OF TREATIES
 

Concept of treaty—Pacta Sunt Servanda, Rebus sic stantibus

Treaty-making (negotiations, signature, reservations—Vienna Convention on the Law

of Treaties)

Interpretation, Modification and Amendment of Treaties

Invalidity, Termination and Suspension of Treaties

Unit-5
Teaching Hours:6
STATEHOOD AND RECOGNITION
 

Subjects of international law: Individuals, States; International Organizations; Non

State Entities; Entities Sui Generis,

Definition and Incidence of Statehood; Rights and Duties of States; Recognition –

Theories, Modes, Effects of Recognition

Unit-5
Teaching Hours:6
STATEHOOD AND RECOGNITION
 

Subjects of international law: Individuals, States; International Organizations; Non

State Entities; Entities Sui Generis,

Definition and Incidence of Statehood; Rights and Duties of States; Recognition –

Theories, Modes, Effects of Recognition

Unit-5
Teaching Hours:6
STATEHOOD AND RECOGNITION
 

Subjects of international law: Individuals, States; International Organizations; Non

State Entities; Entities Sui Generis,

Definition and Incidence of Statehood; Rights and Duties of States; Recognition –

Theories, Modes, Effects of Recognition

Unit-5
Teaching Hours:6
STATEHOOD AND RECOGNITION
 

Subjects of international law: Individuals, States; International Organizations; Non

State Entities; Entities Sui Generis,

Definition and Incidence of Statehood; Rights and Duties of States; Recognition –

Theories, Modes, Effects of Recognition

Unit-6
Teaching Hours:6
STATE TERRITORY AND STATE SUCCESSION
 

State Territory; Modes of Acquisition; Modes of Loss, Definition of State Succession;

Rights and Duties Arising out of State Succession

Unit-6
Teaching Hours:6
STATE TERRITORY AND STATE SUCCESSION
 

State Territory; Modes of Acquisition; Modes of Loss, Definition of State Succession;

Rights and Duties Arising out of State Succession

Unit-6
Teaching Hours:6
STATE TERRITORY AND STATE SUCCESSION
 

State Territory; Modes of Acquisition; Modes of Loss, Definition of State Succession;

Rights and Duties Arising out of State Succession

Unit-6
Teaching Hours:6
STATE TERRITORY AND STATE SUCCESSION
 

State Territory; Modes of Acquisition; Modes of Loss, Definition of State Succession;

Rights and Duties Arising out of State Succession

Unit-7
Teaching Hours:6
STATE JURISDICTION AND RESPONSIBILITY
 

Doctrine of State jurisdiction

State Responsibility

ILC’s effort to codify state responsibility

ILC Draft Articles on the Responsibility of States for Internationally Wrongful Acts

Unit-7
Teaching Hours:6
STATE JURISDICTION AND RESPONSIBILITY
 

Doctrine of State jurisdiction

State Responsibility

ILC’s effort to codify state responsibility

ILC Draft Articles on the Responsibility of States for Internationally Wrongful Acts

Unit-7
Teaching Hours:6
STATE JURISDICTION AND RESPONSIBILITY
 

Doctrine of State jurisdiction

State Responsibility

ILC’s effort to codify state responsibility

ILC Draft Articles on the Responsibility of States for Internationally Wrongful Acts

Unit-7
Teaching Hours:6
STATE JURISDICTION AND RESPONSIBILITY
 

Doctrine of State jurisdiction

State Responsibility

ILC’s effort to codify state responsibility

ILC Draft Articles on the Responsibility of States for Internationally Wrongful Acts

Unit-8
Teaching Hours:6
LAW OF THE SEA
 

UNCLOS I and II

UNCLOS III (1982)

Territorial Sea, Contiguous Zone, EEZ, Continental Shelf and the High Seas

Other Concepts: Hot pursuit, piracy, Common Heritage of Mankind

Agreement on Part XI of the UNCLOS

Exercise jurisdiction in various zones and exploitation of resources, common heritage

of mankind, Biodiversity beyond national jurisdiction.

Unit-8
Teaching Hours:6
LAW OF THE SEA
 

UNCLOS I and II

UNCLOS III (1982)

Territorial Sea, Contiguous Zone, EEZ, Continental Shelf and the High Seas

Other Concepts: Hot pursuit, piracy, Common Heritage of Mankind

Agreement on Part XI of the UNCLOS

Exercise jurisdiction in various zones and exploitation of resources, common heritage

of mankind, Biodiversity beyond national jurisdiction.

Unit-8
Teaching Hours:6
LAW OF THE SEA
 

UNCLOS I and II

UNCLOS III (1982)

Territorial Sea, Contiguous Zone, EEZ, Continental Shelf and the High Seas

Other Concepts: Hot pursuit, piracy, Common Heritage of Mankind

Agreement on Part XI of the UNCLOS

Exercise jurisdiction in various zones and exploitation of resources, common heritage

of mankind, Biodiversity beyond national jurisdiction.

Unit-8
Teaching Hours:6
LAW OF THE SEA
 

UNCLOS I and II

UNCLOS III (1982)

Territorial Sea, Contiguous Zone, EEZ, Continental Shelf and the High Seas

Other Concepts: Hot pursuit, piracy, Common Heritage of Mankind

Agreement on Part XI of the UNCLOS

Exercise jurisdiction in various zones and exploitation of resources, common heritage

of mankind, Biodiversity beyond national jurisdiction.

Unit-9
Teaching Hours:6
NATIONALITY, ASYLUM AND EXTRADITION
 

Nationality: Meaning; Modes of Acquisition of Nationality; Loss of Nationality; Principle

of Effective Nationality (Nottebohm case); Statelessness; Extradition: Meaning; Basic

Principles; Conditions; Asylum: Meaning and Definition; Conditions for seeking asylum;Relationship between Asylum and Extradition; Distinction between Asylum seekers

and Refugees

Unit-9
Teaching Hours:6
NATIONALITY, ASYLUM AND EXTRADITION
 

Nationality: Meaning; Modes of Acquisition of Nationality; Loss of Nationality; Principle

of Effective Nationality (Nottebohm case); Statelessness; Extradition: Meaning; Basic

Principles; Conditions; Asylum: Meaning and Definition; Conditions for seeking asylum;Relationship between Asylum and Extradition; Distinction between Asylum seekers

and Refugees

Unit-9
Teaching Hours:6
NATIONALITY, ASYLUM AND EXTRADITION
 

Nationality: Meaning; Modes of Acquisition of Nationality; Loss of Nationality; Principle

of Effective Nationality (Nottebohm case); Statelessness; Extradition: Meaning; Basic

Principles; Conditions; Asylum: Meaning and Definition; Conditions for seeking asylum;Relationship between Asylum and Extradition; Distinction between Asylum seekers

and Refugees

Unit-9
Teaching Hours:6
NATIONALITY, ASYLUM AND EXTRADITION
 

Nationality: Meaning; Modes of Acquisition of Nationality; Loss of Nationality; Principle

of Effective Nationality (Nottebohm case); Statelessness; Extradition: Meaning; Basic

Principles; Conditions; Asylum: Meaning and Definition; Conditions for seeking asylum;Relationship between Asylum and Extradition; Distinction between Asylum seekers

and Refugees

Unit-10
Teaching Hours:6
INTERNATIONAL SETTLEMENT OF DISPUTES
 

Means of Settlement: Arbitration, Negotiation, Good Offices, Mediation, Conciliation,

Enquiry; Settlement of International Disputes under the United Nations; International

Court of Justice and other adjudicatory bodies.

Developing countries’ perspectives on international Dispute Settlement:

1. Historical experiences

2. New International Economic order

3. New International Information Order

4. New International Humanitarian Order

Unit-10
Teaching Hours:6
INTERNATIONAL SETTLEMENT OF DISPUTES
 

Means of Settlement: Arbitration, Negotiation, Good Offices, Mediation, Conciliation,

Enquiry; Settlement of International Disputes under the United Nations; International

Court of Justice and other adjudicatory bodies.

Developing countries’ perspectives on international Dispute Settlement:

1. Historical experiences

2. New International Economic order

3. New International Information Order

4. New International Humanitarian Order

Unit-10
Teaching Hours:6
INTERNATIONAL SETTLEMENT OF DISPUTES
 

Means of Settlement: Arbitration, Negotiation, Good Offices, Mediation, Conciliation,

Enquiry; Settlement of International Disputes under the United Nations; International

Court of Justice and other adjudicatory bodies.

Developing countries’ perspectives on international Dispute Settlement:

1. Historical experiences

2. New International Economic order

3. New International Information Order

4. New International Humanitarian Order

Unit-10
Teaching Hours:6
INTERNATIONAL SETTLEMENT OF DISPUTES
 

Means of Settlement: Arbitration, Negotiation, Good Offices, Mediation, Conciliation,

Enquiry; Settlement of International Disputes under the United Nations; International

Court of Justice and other adjudicatory bodies.

Developing countries’ perspectives on international Dispute Settlement:

1. Historical experiences

2. New International Economic order

3. New International Information Order

4. New International Humanitarian Order

Text Books And Reference Books:

1. Brownlie, Ian. Principles of Public International Law, by James Crawford, 8th ed. Oxford, 2012.

2. Cassese, Antonio, International Law, 2nd ed. Oxford University Press.

3. Shearer, I. A. Starke’s International Law. 11th ed., Butterworths, 11th Edition (1994)

4. Shaw, Malcolm N. International Law. 6th ed. Cambridge University Press, 2008, Cambridge.

5. Evans, Malcolm D. (Ed.) International Law. 2nd ed. Oxford University Press, 2006, Oxford.

Essential Reading / Recommended Reading

1. Venzke, How Interpretation makes International Law, 2013, Oxford University Press.

2. Garcia-Salmones Rovira, Project of Positivism in International Law, 2014, Oxford University Press.

3. Walter et al (eds.), Self Determination and Secession in International Law, 2014, Oxford University Press.

Evaluation Pattern

CIA I

CIA II

CIA III

ESE

Attendance

10%

25%

10%

50%

05%

LAW763 - LAW OF INSURANCE (2021 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

This course is designed to acquaint the students with the principles and practices of insurance law in India. It encompasses all the statutes relating to insurance and related judicial interpretation. The different kinds of insurance have been examined in detail in distinct modules. The course provides a detailed introduction to the concept of risk and insurance (Unit 1). The special legal principles upon which the entire concept of insurance rests have been discussed at length (Unit 2). The different classes of insurance have been meticulously discussed in the various modules. The formation of insurance contracts, insurance products as well as a number of issues regarding the settlement of claims with various classes of insurance are dealt (Unit 3-5). The regulatory framework of insurance business in India has been discussed in Unit 6. Reference is made to insurance law and practices in other jurisdictions where applicable.

Learning Outcome

CO1: to describe the history, development and growth of insurance sector in India

CO2: to demonstrate comprehensively the basic concepts of insurance and fundamental principles of insurance.

CO3: to apply fundamental principles of insurance to given insurance situations and problems.

CO4: to analyse various clauses and documents used in insurance contracts.

CO5: to explain the basic elements in life insurance, fire insurance, marine insurance.

CO6: to analyse the challenges in health insurance and motor vehicle insurance sectors.

CO7: to identify the authorities in the insurance sector of India, their working and functions.

Unit-1
Teaching Hours:5
INTRODUCTION TO INSURANCE
 

1. Concept of Risk and Insurance: perils, hazards

2.  History of Insurance industry in India- Nationalization, Entry of Private Players

3. Theories of Insurance

4. New Developments in the Indian Insurance Sector

Unit-1
Teaching Hours:5
INTRODUCTION TO INSURANCE
 

1. Concept of Risk and Insurance: perils, hazards

2.  History of Insurance industry in India- Nationalization, Entry of Private Players

3. Theories of Insurance

4. New Developments in the Indian Insurance Sector

Unit-1
Teaching Hours:5
INTRODUCTION TO INSURANCE
 

1. Concept of Risk and Insurance: perils, hazards

2.  History of Insurance industry in India- Nationalization, Entry of Private Players

3. Theories of Insurance

4. New Developments in the Indian Insurance Sector

Unit-1
Teaching Hours:5
INTRODUCTION TO INSURANCE
 

1. Concept of Risk and Insurance: perils, hazards

2.  History of Insurance industry in India- Nationalization, Entry of Private Players

3. Theories of Insurance

4. New Developments in the Indian Insurance Sector

Unit-2
Teaching Hours:15
GENERAL PRINCIPLES OF INSURANCE LAW
 

1.     Essentials of Insurance Contract

a.     Conclusion of insurance contract

b.     Premium

2.     Nature of Insurance Contract

3.     Principles of Insurance

a.     Insurable Interest

b.     good faith/Uberrima fides

c.     Indemnity

d.    Contribution

e.     Subrogation

f.      Causa Proxima

g.     Mitigation of loss

Reinsurance

Unit-2
Teaching Hours:15
GENERAL PRINCIPLES OF INSURANCE LAW
 

1.     Essentials of Insurance Contract

a.     Conclusion of insurance contract

b.     Premium

2.     Nature of Insurance Contract

3.     Principles of Insurance

a.     Insurable Interest

b.     good faith/Uberrima fides

c.     Indemnity

d.    Contribution

e.     Subrogation

f.      Causa Proxima

g.     Mitigation of loss

Reinsurance

Unit-2
Teaching Hours:15
GENERAL PRINCIPLES OF INSURANCE LAW
 

1.     Essentials of Insurance Contract

a.     Conclusion of insurance contract

b.     Premium

2.     Nature of Insurance Contract

3.     Principles of Insurance

a.     Insurable Interest

b.     good faith/Uberrima fides

c.     Indemnity

d.    Contribution

e.     Subrogation

f.      Causa Proxima

g.     Mitigation of loss

Reinsurance

Unit-2
Teaching Hours:15
GENERAL PRINCIPLES OF INSURANCE LAW
 

1.     Essentials of Insurance Contract

a.     Conclusion of insurance contract

b.     Premium

2.     Nature of Insurance Contract

3.     Principles of Insurance

a.     Insurable Interest

b.     good faith/Uberrima fides

c.     Indemnity

d.    Contribution

e.     Subrogation

f.      Causa Proxima

g.     Mitigation of loss

Reinsurance

Unit-3
Teaching Hours:10
LIFE INSURANCE
 

1.     Definition and nature of life insurance,

            a. Difference between life and other forms of insurance

            b. Formation of life insurance contract and features (insurable interest,

                good faith)

2.     Assignment

3.     Nomination

4.     Settlement of claims

Types of Life Insurance Products

Unit-3
Teaching Hours:10
LIFE INSURANCE
 

1.     Definition and nature of life insurance,

            a. Difference between life and other forms of insurance

            b. Formation of life insurance contract and features (insurable interest,

                good faith)

2.     Assignment

3.     Nomination

4.     Settlement of claims

Types of Life Insurance Products

Unit-3
Teaching Hours:10
LIFE INSURANCE
 

1.     Definition and nature of life insurance,

            a. Difference between life and other forms of insurance

            b. Formation of life insurance contract and features (insurable interest,

                good faith)

2.     Assignment

3.     Nomination

4.     Settlement of claims

Types of Life Insurance Products

Unit-3
Teaching Hours:10
LIFE INSURANCE
 

1.     Definition and nature of life insurance,

            a. Difference between life and other forms of insurance

            b. Formation of life insurance contract and features (insurable interest,

                good faith)

2.     Assignment

3.     Nomination

4.     Settlement of claims

Types of Life Insurance Products

Unit-4
Teaching Hours:15
GENERAL INSURANCE (FIRE & MARINE)
 

Fire insurance

            a. Nature and scope of fire insurance

            b. Subject matter of fire insurance, Kinds of fire insurance policies

            c. Fire perils

            d. Assignment of policies

            e. Doctrine of Re- instatement, Contribution, Subrogation

            f. Settlement of Claims

Marine Insurance                                                                                             

           a. Nature and Scope, Legal framework, Subject matter of Marine Insurance

           b. Maritime perils

           c. Essentials of Marine insurance Contract

           d. Procedure for effecting Marine Insurance

           e. Classification of Marine Insurance policies

           g. Warranties

           h. Voyage deviation/ delay

            i. Marine losses

Unit-4
Teaching Hours:15
GENERAL INSURANCE (FIRE & MARINE)
 

Fire insurance

            a. Nature and scope of fire insurance

            b. Subject matter of fire insurance, Kinds of fire insurance policies

            c. Fire perils

            d. Assignment of policies

            e. Doctrine of Re- instatement, Contribution, Subrogation

            f. Settlement of Claims

Marine Insurance                                                                                             

           a. Nature and Scope, Legal framework, Subject matter of Marine Insurance

           b. Maritime perils

           c. Essentials of Marine insurance Contract

           d. Procedure for effecting Marine Insurance

           e. Classification of Marine Insurance policies

           g. Warranties

           h. Voyage deviation/ delay

            i. Marine losses

Unit-4
Teaching Hours:15
GENERAL INSURANCE (FIRE & MARINE)
 

Fire insurance

            a. Nature and scope of fire insurance

            b. Subject matter of fire insurance, Kinds of fire insurance policies

            c. Fire perils

            d. Assignment of policies

            e. Doctrine of Re- instatement, Contribution, Subrogation

            f. Settlement of Claims

Marine Insurance                                                                                             

           a. Nature and Scope, Legal framework, Subject matter of Marine Insurance

           b. Maritime perils

           c. Essentials of Marine insurance Contract

           d. Procedure for effecting Marine Insurance

           e. Classification of Marine Insurance policies

           g. Warranties

           h. Voyage deviation/ delay

            i. Marine losses

Unit-4
Teaching Hours:15
GENERAL INSURANCE (FIRE & MARINE)
 

Fire insurance

            a. Nature and scope of fire insurance

            b. Subject matter of fire insurance, Kinds of fire insurance policies

            c. Fire perils

            d. Assignment of policies

            e. Doctrine of Re- instatement, Contribution, Subrogation

            f. Settlement of Claims

Marine Insurance                                                                                             

           a. Nature and Scope, Legal framework, Subject matter of Marine Insurance

           b. Maritime perils

           c. Essentials of Marine insurance Contract

           d. Procedure for effecting Marine Insurance

           e. Classification of Marine Insurance policies

           g. Warranties

           h. Voyage deviation/ delay

            i. Marine losses

Unit-5
Teaching Hours:10
MISCELLANEOUS INSURANCE
 

1.     Motor Vehicle Insurance against third party risks 

2.     Health Insurance

3.     Liability Insurance, War risk insurance, Burglary Insurance, Crop Insurance, Social Insurance, Crop insurance

Unit-5
Teaching Hours:10
MISCELLANEOUS INSURANCE
 

1.     Motor Vehicle Insurance against third party risks 

2.     Health Insurance

3.     Liability Insurance, War risk insurance, Burglary Insurance, Crop Insurance, Social Insurance, Crop insurance

Unit-5
Teaching Hours:10
MISCELLANEOUS INSURANCE
 

1.     Motor Vehicle Insurance against third party risks 

2.     Health Insurance

3.     Liability Insurance, War risk insurance, Burglary Insurance, Crop Insurance, Social Insurance, Crop insurance

Unit-5
Teaching Hours:10
MISCELLANEOUS INSURANCE
 

1.     Motor Vehicle Insurance against third party risks 

2.     Health Insurance

3.     Liability Insurance, War risk insurance, Burglary Insurance, Crop Insurance, Social Insurance, Crop insurance

Unit-6
Teaching Hours:5
REGULATORY AUTHORITIES
 

1.     Insurance Regulatory and Development Authority of India

2.     Tariff Advisory Committee

3.     Ombudsman

Insurance Agents and Insurance Intermediaries

Unit-6
Teaching Hours:5
REGULATORY AUTHORITIES
 

1.     Insurance Regulatory and Development Authority of India

2.     Tariff Advisory Committee

3.     Ombudsman

Insurance Agents and Insurance Intermediaries

Unit-6
Teaching Hours:5
REGULATORY AUTHORITIES
 

1.     Insurance Regulatory and Development Authority of India

2.     Tariff Advisory Committee

3.     Ombudsman

Insurance Agents and Insurance Intermediaries

Unit-6
Teaching Hours:5
REGULATORY AUTHORITIES
 

1.     Insurance Regulatory and Development Authority of India

2.     Tariff Advisory Committee

3.     Ombudsman

Insurance Agents and Insurance Intermediaries

Text Books And Reference Books:

 

Murthy, K. S. N. and K. V. S. Sarma. Modern Law of Insurance in India, LexisNexis, 5th edn 2014

Rastogi, Sachin, Insurance: Law & Principles, LexisNexis, 1st edn 2014

Essential Reading / Recommended Reading

MN Srinivasan & K Kannan, Principles of Insurance Law, LexisNexis, 11th edn., 2021

Taxmann’s Insurance Laws Manual, Taxman, 22nd edn., 2021

Evaluation Pattern

·       CIA I – Class Test / Assignment / Presentation – 10%

·       CIA II – Mid Semester Examination                                – 25%

·       CIA III – Research Topic                                                    – 10%

·       Attendance                                                                            – 05%

·       End Semester Examination                                                – 50%

                                                                                 TOTAL 100%

LAW764 - LAW OF BANKING (2021 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

Course Description: Unit 1 introduces students to the fundamental concepts of banking and banking law. Unit 2 deals with the provisions of the Banking Regulation Act 1949 Unit 3 introduces students to the banker and customer nature of relationship and bank accounts Unit 4 deals with banking operations Unit 5 acquaints the students with the advances secured by collateral  securities and laws relating debt Unit 6 deals with electronic banking.

The course aims to:

  1. Familiarize students with the Principles, Concepts, and laws applicable to the Banking Sector
  2. Discuss and analyze the historical aspects of banking regulation, and policy in the working of the Banking sector.
  3. Acquaint the students with the existing and emerging legal issues in banker-customer relationship related to different types of bank accounts.
  4. Discuss the rules and principles applicable for securing loans, bank guarantee and banking operations.

 

 

  1. Debate on the efficacy of the laws relating to the recovery of debts due to banks and financial institutions.

 

 

 

Learning Outcome

CO1: Identify the laws, principles, and concepts applicable in relation to disputes involving banking companies

CO2: Understand the historical evolution of banking laws

CO3: Solve legal issues arising out of the disputes between banker-customer relationship from different types of bank accounts

CO4: Apply the laws, rules, and policies for securing loans, advances, issuing bank guarantee, and related banking operations.

CO5: Draft arguments in matters covering debt recovery by banks and financial institutions.

CO6: Evaluate the applicability of laws and principles for e-banking operations.

Unit-1
Teaching Hours:6
INTRODUCTION
 

        Evolution of banking institutions, services of banks, Functions of commercial banks, social control on banks, Nationalization of Banks, Institutional frame work of banking, Reserve Bank of India and its role, functions of the Reserve Bank of India, RBI and commercial banks. 

Unit-1
Teaching Hours:6
INTRODUCTION
 

        Evolution of banking institutions, services of banks, Functions of commercial banks, social control on banks, Nationalization of Banks, Institutional frame work of banking, Reserve Bank of India and its role, functions of the Reserve Bank of India, RBI and commercial banks. 

Unit-1
Teaching Hours:6
INTRODUCTION
 

        Evolution of banking institutions, services of banks, Functions of commercial banks, social control on banks, Nationalization of Banks, Institutional frame work of banking, Reserve Bank of India and its role, functions of the Reserve Bank of India, RBI and commercial banks. 

Unit-1
Teaching Hours:6
INTRODUCTION
 

        Evolution of banking institutions, services of banks, Functions of commercial banks, social control on banks, Nationalization of Banks, Institutional frame work of banking, Reserve Bank of India and its role, functions of the Reserve Bank of India, RBI and commercial banks. 

Unit-2
Teaching Hours:15
BANKING REGULATION ACT, 1949 AND RESERVE BANK OF INDIA ACT, 1934
 

 

 

Business of banking companies – National banks, management of national banks – control over management – Acquisitions of the undertakings of banking companies in certain cases, suspension of business and winding up of banking companies – Special provisions for speedy disposal of winding up proceedings-RBI Act- functions of RBI, formation of RBI, its board, functions, other important provisions, regulation of NBFCs.

 

Unit-2
Teaching Hours:15
BANKING REGULATION ACT, 1949 AND RESERVE BANK OF INDIA ACT, 1934
 

 

 

Business of banking companies – National banks, management of national banks – control over management – Acquisitions of the undertakings of banking companies in certain cases, suspension of business and winding up of banking companies – Special provisions for speedy disposal of winding up proceedings-RBI Act- functions of RBI, formation of RBI, its board, functions, other important provisions, regulation of NBFCs.

 

Unit-2
Teaching Hours:15
BANKING REGULATION ACT, 1949 AND RESERVE BANK OF INDIA ACT, 1934
 

 

 

Business of banking companies – National banks, management of national banks – control over management – Acquisitions of the undertakings of banking companies in certain cases, suspension of business and winding up of banking companies – Special provisions for speedy disposal of winding up proceedings-RBI Act- functions of RBI, formation of RBI, its board, functions, other important provisions, regulation of NBFCs.

 

Unit-2
Teaching Hours:15
BANKING REGULATION ACT, 1949 AND RESERVE BANK OF INDIA ACT, 1934
 

 

 

Business of banking companies – National banks, management of national banks – control over management – Acquisitions of the undertakings of banking companies in certain cases, suspension of business and winding up of banking companies – Special provisions for speedy disposal of winding up proceedings-RBI Act- functions of RBI, formation of RBI, its board, functions, other important provisions, regulation of NBFCs.

 

Unit-3
Teaching Hours:10
BANKER -CUSTOMER RELATIONSHIP AND BANK ACCOUNTS
 

 

 

Definitions of banker and customer – General relation between banker and customer – special features of the relationship; duty of confidentiality, statutory obligations on banks in India – banker’s general lien – banker obligation, Unremunerative accounts – Law of limitation and despots. Opening of new accounts – special types of customers: minors – married women – husband and wife – joint stock companies, HUF, Precautions to be taken in opening accounts – opening of partnership accounts – handling of companies’ accounts, joint accounts, Insolvency of joint account holder- drawing of cheques – survivorship – nomination – power to overdraw.

 

Unit-3
Teaching Hours:10
BANKER -CUSTOMER RELATIONSHIP AND BANK ACCOUNTS
 

 

 

Definitions of banker and customer – General relation between banker and customer – special features of the relationship; duty of confidentiality, statutory obligations on banks in India – banker’s general lien – banker obligation, Unremunerative accounts – Law of limitation and despots. Opening of new accounts – special types of customers: minors – married women – husband and wife – joint stock companies, HUF, Precautions to be taken in opening accounts – opening of partnership accounts – handling of companies’ accounts, joint accounts, Insolvency of joint account holder- drawing of cheques – survivorship – nomination – power to overdraw.

 

Unit-3
Teaching Hours:10
BANKER -CUSTOMER RELATIONSHIP AND BANK ACCOUNTS
 

 

 

Definitions of banker and customer – General relation between banker and customer – special features of the relationship; duty of confidentiality, statutory obligations on banks in India – banker’s general lien – banker obligation, Unremunerative accounts – Law of limitation and despots. Opening of new accounts – special types of customers: minors – married women – husband and wife – joint stock companies, HUF, Precautions to be taken in opening accounts – opening of partnership accounts – handling of companies’ accounts, joint accounts, Insolvency of joint account holder- drawing of cheques – survivorship – nomination – power to overdraw.

 

Unit-3
Teaching Hours:10
BANKER -CUSTOMER RELATIONSHIP AND BANK ACCOUNTS
 

 

 

Definitions of banker and customer – General relation between banker and customer – special features of the relationship; duty of confidentiality, statutory obligations on banks in India – banker’s general lien – banker obligation, Unremunerative accounts – Law of limitation and despots. Opening of new accounts – special types of customers: minors – married women – husband and wife – joint stock companies, HUF, Precautions to be taken in opening accounts – opening of partnership accounts – handling of companies’ accounts, joint accounts, Insolvency of joint account holder- drawing of cheques – survivorship – nomination – power to overdraw.

 

Unit-4
Teaching Hours:15
BANKING OPERATIONS
 

 

 

Forms of borrowing, discounting bills – participation certificates, Bank deposits – fixed or time deposits –savings deposits – current deposits- attachment of deposits by Income Tax Authorities- Negotiable instruments and their characteristics, Negotiable Instruments Act, 1881, Amendments, Payment of cheques, protection to the paying banker, Crossing of cheques payment of customers cheques, Collecting banker and customer account. Guarantee, Obligations of the Banker rights of baker against surety, Termination of guarantee, Letters of Credit and Bank Guarantee.

 

Unit-4
Teaching Hours:15
BANKING OPERATIONS
 

 

 

Forms of borrowing, discounting bills – participation certificates, Bank deposits – fixed or time deposits –savings deposits – current deposits- attachment of deposits by Income Tax Authorities- Negotiable instruments and their characteristics, Negotiable Instruments Act, 1881, Amendments, Payment of cheques, protection to the paying banker, Crossing of cheques payment of customers cheques, Collecting banker and customer account. Guarantee, Obligations of the Banker rights of baker against surety, Termination of guarantee, Letters of Credit and Bank Guarantee.

 

Unit-4
Teaching Hours:15
BANKING OPERATIONS
 

 

 

Forms of borrowing, discounting bills – participation certificates, Bank deposits – fixed or time deposits –savings deposits – current deposits- attachment of deposits by Income Tax Authorities- Negotiable instruments and their characteristics, Negotiable Instruments Act, 1881, Amendments, Payment of cheques, protection to the paying banker, Crossing of cheques payment of customers cheques, Collecting banker and customer account. Guarantee, Obligations of the Banker rights of baker against surety, Termination of guarantee, Letters of Credit and Bank Guarantee.

 

Unit-4
Teaching Hours:15
BANKING OPERATIONS
 

 

 

Forms of borrowing, discounting bills – participation certificates, Bank deposits – fixed or time deposits –savings deposits – current deposits- attachment of deposits by Income Tax Authorities- Negotiable instruments and their characteristics, Negotiable Instruments Act, 1881, Amendments, Payment of cheques, protection to the paying banker, Crossing of cheques payment of customers cheques, Collecting banker and customer account. Guarantee, Obligations of the Banker rights of baker against surety, Termination of guarantee, Letters of Credit and Bank Guarantee.

 

Unit-5
Teaching Hours:8
ADVANCES SECURED BY COLLATERAL SECURITIES AND LAWS RELATING TO DEBT RECOVERY
 

 

 

Modes of securing advances, Banker’s lien, pledge and mortgage of movables, Hypothecation – advances against goods and document of title to goods. Special features of Recovery of Debts Due to Banks and Financial Institutions Act, 1993, The Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, The Insolvency and Bankruptcy Code 2016, The Consumer Protection Act 2019, Banking Ombudsman Lok Adalat’s Lender's Liability Act.

 

Unit-5
Teaching Hours:8
ADVANCES SECURED BY COLLATERAL SECURITIES AND LAWS RELATING TO DEBT RECOVERY
 

 

 

Modes of securing advances, Banker’s lien, pledge and mortgage of movables, Hypothecation – advances against goods and document of title to goods. Special features of Recovery of Debts Due to Banks and Financial Institutions Act, 1993, The Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, The Insolvency and Bankruptcy Code 2016, The Consumer Protection Act 2019, Banking Ombudsman Lok Adalat’s Lender's Liability Act.

 

Unit-5
Teaching Hours:8
ADVANCES SECURED BY COLLATERAL SECURITIES AND LAWS RELATING TO DEBT RECOVERY
 

 

 

Modes of securing advances, Banker’s lien, pledge and mortgage of movables, Hypothecation – advances against goods and document of title to goods. Special features of Recovery of Debts Due to Banks and Financial Institutions Act, 1993, The Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, The Insolvency and Bankruptcy Code 2016, The Consumer Protection Act 2019, Banking Ombudsman Lok Adalat’s Lender's Liability Act.

 

Unit-5
Teaching Hours:8
ADVANCES SECURED BY COLLATERAL SECURITIES AND LAWS RELATING TO DEBT RECOVERY
 

 

 

Modes of securing advances, Banker’s lien, pledge and mortgage of movables, Hypothecation – advances against goods and document of title to goods. Special features of Recovery of Debts Due to Banks and Financial Institutions Act, 1993, The Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, The Insolvency and Bankruptcy Code 2016, The Consumer Protection Act 2019, Banking Ombudsman Lok Adalat’s Lender's Liability Act.

 

Unit-6
Teaching Hours:10
ELECTRONIC BANKING
 

Regulation of credit and debit cards, RBI notifications and circulars; online banking – risks and management; Electronic Fund transfer plain messages (Telex or data communication) - structured messages (SWIFT, etc...) - RTGS Information Technology - Current trends – Bank net, RBI net, Data net, Nicnet, I-net, Internet, E-mail, etc...- Role and uses of technology up gradation - Global developments in Banking Technology- Regulation of Crypto Currency, CBDC, NFT- Development & Regulation of Micro finance, Fin tech. - Protecting the confidentiality and secrecy of data-Cyber crimes & cyber issues in modern banking. 

Unit-6
Teaching Hours:10
ELECTRONIC BANKING
 

Regulation of credit and debit cards, RBI notifications and circulars; online banking – risks and management; Electronic Fund transfer plain messages (Telex or data communication) - structured messages (SWIFT, etc...) - RTGS Information Technology - Current trends – Bank net, RBI net, Data net, Nicnet, I-net, Internet, E-mail, etc...- Role and uses of technology up gradation - Global developments in Banking Technology- Regulation of Crypto Currency, CBDC, NFT- Development & Regulation of Micro finance, Fin tech. - Protecting the confidentiality and secrecy of data-Cyber crimes & cyber issues in modern banking. 

Unit-6
Teaching Hours:10
ELECTRONIC BANKING
 

Regulation of credit and debit cards, RBI notifications and circulars; online banking – risks and management; Electronic Fund transfer plain messages (Telex or data communication) - structured messages (SWIFT, etc...) - RTGS Information Technology - Current trends – Bank net, RBI net, Data net, Nicnet, I-net, Internet, E-mail, etc...- Role and uses of technology up gradation - Global developments in Banking Technology- Regulation of Crypto Currency, CBDC, NFT- Development & Regulation of Micro finance, Fin tech. - Protecting the confidentiality and secrecy of data-Cyber crimes & cyber issues in modern banking. 

Unit-6
Teaching Hours:10
ELECTRONIC BANKING
 

Regulation of credit and debit cards, RBI notifications and circulars; online banking – risks and management; Electronic Fund transfer plain messages (Telex or data communication) - structured messages (SWIFT, etc...) - RTGS Information Technology - Current trends – Bank net, RBI net, Data net, Nicnet, I-net, Internet, E-mail, etc...- Role and uses of technology up gradation - Global developments in Banking Technology- Regulation of Crypto Currency, CBDC, NFT- Development & Regulation of Micro finance, Fin tech. - Protecting the confidentiality and secrecy of data-Cyber crimes & cyber issues in modern banking. 

Text Books And Reference Books:

  1. Cranston, Ross. Principles of Banking Law. New York : Oxford University Press, 1997.
  2. Tannan, M. L. Tannan’s Banking Law and Practice in India. New Delhi: LexisNexis ButterworthsWadhwa, 2010.
  3. Blair, William. Banking and Financial Services Regulation. London: Butterworths, 1998.
  4. Misra, Ranganath. Bhashyam and Adiga’sThe Negotiable Instruments Act. 18thed. New Delhi: Bharat Law House, 2010.
  5. Faizi, O. P. Khergamvala on The Negotiable Instruments Act. 19thed. New Delhi: LexisNexis Buterworths, 2003.
  6. Sharma, K. M., and S. P. Mago. The Negotiable Instruments Act, 1881. Jodhpur: Unique Law Publishers, 2005.
  7. Hapgood, Mark Q C. Paget’s Law of Banking. 13thed. New Delhi: LexisNexis Butterworths, 2007.
  8. Ellinger, E. P. Ellinger's Modern Banking Law. New York: Oxford University Press, 2006.
  9. Wadsley and G. A. Penn. The Law Relating to Domestic Banking. 2nd ed. London: Sweet & Maxwell, 2000.
  10. Zacharias, K. D. Legal Aspects of Banking Operations. Delhi: Macmillan, 2005.
  11. Gupta, R. K. Banking Law and Practice. Allahabad: Modern Law Publications, 2004.
  12. Sen Gupta, S. P. Commentaries on Negotiable Instruments Act, 1881. 2nd ed. Kolkata, Kamal Law House, 2005.
Essential Reading / Recommended Reading
  1. Ellinger, E. P. Ellinger's Modern Banking Law. New York: Oxford University Press, 2006.
  2. Wadsley and G. A. Penn. The Law Relating to Domestic Banking. 2nd ed. London: Sweet & Maxwell, 2000.
  3. Zacharias, K. D. Legal Aspects of Banking Operations. Delhi: Macmillan, 2005.
  4. Gupta, R. K. Banking Law and Practice. Allahabad: Modern Law Publications, 2004.
  5. Sen Gupta, S. P. Commentaries on Negotiable Instruments Act, 1881. 2nd ed. Kolkata, Kamal Law House, 2005.
Evaluation Pattern

·       CIA I – Class Test / Assignment / Presentation            – 10%

·       CIA II – Mid Semester Examination                                 – 25%

·       CIA III – Research Topic                                                     – 10%

·       Attendance                                                                            – 05%

·       End Semester Examination                                                – 50%

                                                                                                    TOTAL 100%

LAW785A - LAW OF COPYRIGHT (2021 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

Course description

This course provides a comprehensive overview of copyright law, focusing on the practical application of key principles and critical analysis of contemporary issues. Students will learn to differentiate original expressions from ideas, assess copyrightability, and identify substantial similarities for infringement cases. The course will also cover the nuances of copyright ownership in various employment scenarios and the protection of performers and broadcast reproduction rights under national and international law. Additionally, students will develop skills in drafting copyright assignment and licensing agreements specific to India and address the challenges posed by technological advancements in the digital age. Unit 1 introduces the key concepts in respect of copyright law. Unit 2 deals with the issues pertaining to authorship and ownership of protected works. Unit 3 deals with protection of the rights of the performers. Unit 4 deal with the various modes of assignment and licensing of protected works. Unit 5 deals with infringement of copyright protected works. Unit 6 deals with fair dealing of protected works. Unit 7 addresses the issues pertaining to copyright protection in the digital world and unit 8 deals with the remedies available under copyright law.

Course Objective:

This course aims to equip students with the ability to distinguish between original expressions and mere ideas through the application of the test of skill and judgment. Students will learn to assess the copyrightability of works using the idea-expression dichotomy and identify substantial similarities for copyright infringement using the layman observer's test. The course will clarify ownership of copyrighted works by differentiating between contracts of service and for service, ensuring clear rights and responsibilities in employment contexts. It will also cover the protection of performers and broadcast reproduction rights within national and international legal frameworks. Additionally, students will gain proficiency in drafting legally sound copyright assignment and licensing instruments in India and critically evaluate the challenges and strategies for copyright protection in the digital world.

 

Learning Outcome

CO1: Apply the test of skill and judgment to determine the originality of protected works, distinguishing between original expressions and mere ideas

CO2: Apply the principle of idea-expression dichotomy to assess the copyrightability of works, ensuring a clear understanding of what aspects of a work can be protected by copyright.

CO3: Apply the layman observer's test to ascertain substantial similarity for the purpose of copyright infringement, enabling a practical approach to identifying infringing works.

CO4: Determine the ownership of copyrighted works by distinguishing between a contract of service and a contract for service, ensuring clarity on rights and responsibilities in various employment scenarios.

CO5: Analyse and interpret the principles related to the protection of performer's rights and broadcast reproduction rights, with a focus on both national and international legal frameworks.

CO6: Draft comprehensive and legally sound instruments related to the assignment and licensing of copyright in India, demonstrating proficiency in creating agreements that protect copyright effectively.

CO7: Critically evaluate the issues related to the protection of copyright in the digital world, including challenges posed by technological advancements and strategies for effective digital rights management.

Unit-1
Teaching Hours:15
Introduction to Copyright
 
  1. Historical Evolution of copyright law
  2. Philosophical perspectives of copyright
  3. Nature and scope of copyright
  4. Test of originality
  5. Idea/Expression Dichotomy
  6. Different Works protected under copyright
  7. Economic Rights of Copyright Owners 
  8. Author’s Moral Rights
  9. International instruments related to copyright protection

Unit-1
Teaching Hours:15
Introduction to Copyright
 
  1. Historical Evolution of copyright law
  2. Philosophical perspectives of copyright
  3. Nature and scope of copyright
  4. Test of originality
  5. Idea/Expression Dichotomy
  6. Different Works protected under copyright
  7. Economic Rights of Copyright Owners 
  8. Author’s Moral Rights
  9. International instruments related to copyright protection

Unit-1
Teaching Hours:15
Introduction to Copyright
 
  1. Historical Evolution of copyright law
  2. Philosophical perspectives of copyright
  3. Nature and scope of copyright
  4. Test of originality
  5. Idea/Expression Dichotomy
  6. Different Works protected under copyright
  7. Economic Rights of Copyright Owners 
  8. Author’s Moral Rights
  9. International instruments related to copyright protection

Unit-1
Teaching Hours:15
Introduction to Copyright
 
  1. Historical Evolution of copyright law
  2. Philosophical perspectives of copyright
  3. Nature and scope of copyright
  4. Test of originality
  5. Idea/Expression Dichotomy
  6. Different Works protected under copyright
  7. Economic Rights of Copyright Owners 
  8. Author’s Moral Rights
  9. International instruments related to copyright protection

Unit-2
Teaching Hours:8
Authorship and Ownership of Copyright
 

1.Authorship and ownership of protected works 

2.Definition and General rules 

3.Difference between Contract of Service and Contract for service 

4.Joint Authorship  

5.Authorship and ownership of AI Generated Works

 

Unit-2
Teaching Hours:8
Authorship and Ownership of Copyright
 

1.Authorship and ownership of protected works 

2.Definition and General rules 

3.Difference between Contract of Service and Contract for service 

4.Joint Authorship  

5.Authorship and ownership of AI Generated Works

 

Unit-2
Teaching Hours:8
Authorship and Ownership of Copyright
 

1.Authorship and ownership of protected works 

2.Definition and General rules 

3.Difference between Contract of Service and Contract for service 

4.Joint Authorship  

5.Authorship and ownership of AI Generated Works

 

Unit-2
Teaching Hours:8
Authorship and Ownership of Copyright
 

1.Authorship and ownership of protected works 

2.Definition and General rules 

3.Difference between Contract of Service and Contract for service 

4.Joint Authorship  

5.Authorship and ownership of AI Generated Works

 

Unit-3
Teaching Hours:7
Performer?s Rights and Broadcast Reproduction Rights
 

1.Protection of Performer’s Rights 

2.Justification of Protection – 

3.Nature and Scope of protection – 

4.Rights of personality and identity – 

5.Bootlegging - Broadcast Reproduction Rights

Unit-3
Teaching Hours:7
Performer?s Rights and Broadcast Reproduction Rights
 

1.Protection of Performer’s Rights 

2.Justification of Protection – 

3.Nature and Scope of protection – 

4.Rights of personality and identity – 

5.Bootlegging - Broadcast Reproduction Rights

Unit-3
Teaching Hours:7
Performer?s Rights and Broadcast Reproduction Rights
 

1.Protection of Performer’s Rights 

2.Justification of Protection – 

3.Nature and Scope of protection – 

4.Rights of personality and identity – 

5.Bootlegging - Broadcast Reproduction Rights

Unit-3
Teaching Hours:7
Performer?s Rights and Broadcast Reproduction Rights
 

1.Protection of Performer’s Rights 

2.Justification of Protection – 

3.Nature and Scope of protection – 

4.Rights of personality and identity – 

5.Bootlegging - Broadcast Reproduction Rights

Unit-4
Teaching Hours:7
Assignment and Licensing of Protected Works
 

1.Assignment of copyright 

2.General rules and modes of assignment 

3.Licensing of copyright

4.Statutory licensing 

5.Compulsory licensing

6.Difference between assignment and licensing of copyright 

7.Collective administration of copyright 

8.Functioning of copyright societies and interface with competition law 

Unit-4
Teaching Hours:7
Assignment and Licensing of Protected Works
 

1.Assignment of copyright 

2.General rules and modes of assignment 

3.Licensing of copyright

4.Statutory licensing 

5.Compulsory licensing

6.Difference between assignment and licensing of copyright 

7.Collective administration of copyright 

8.Functioning of copyright societies and interface with competition law 

Unit-4
Teaching Hours:7
Assignment and Licensing of Protected Works
 

1.Assignment of copyright 

2.General rules and modes of assignment 

3.Licensing of copyright

4.Statutory licensing 

5.Compulsory licensing

6.Difference between assignment and licensing of copyright 

7.Collective administration of copyright 

8.Functioning of copyright societies and interface with competition law 

Unit-4
Teaching Hours:7
Assignment and Licensing of Protected Works
 

1.Assignment of copyright 

2.General rules and modes of assignment 

3.Licensing of copyright

4.Statutory licensing 

5.Compulsory licensing

6.Difference between assignment and licensing of copyright 

7.Collective administration of copyright 

8.Functioning of copyright societies and interface with competition law 

Unit-5
Teaching Hours:7
Infringement of Copyright
 

1.Mode of infringement of various copyright works  

2.Primary and Secondary Liability 

3.Different tests of copyright infringement 

4.Infringement of neighbouring rights

Unit-5
Teaching Hours:7
Infringement of Copyright
 

1.Mode of infringement of various copyright works  

2.Primary and Secondary Liability 

3.Different tests of copyright infringement 

4.Infringement of neighbouring rights

Unit-5
Teaching Hours:7
Infringement of Copyright
 

1.Mode of infringement of various copyright works  

2.Primary and Secondary Liability 

3.Different tests of copyright infringement 

4.Infringement of neighbouring rights

Unit-5
Teaching Hours:7
Infringement of Copyright
 

1.Mode of infringement of various copyright works  

2.Primary and Secondary Liability 

3.Different tests of copyright infringement 

4.Infringement of neighbouring rights

Unit-6
Teaching Hours:4
Exceptions to Copyright
 

1.Sec. 52 of Copyright Act 

2.Permitted Uses 

3.Fair Use v. Fair Dealing 

4.Scope of ‘academic use’ of copyrighted work in fair dealing

Unit-6
Teaching Hours:4
Exceptions to Copyright
 

1.Sec. 52 of Copyright Act 

2.Permitted Uses 

3.Fair Use v. Fair Dealing 

4.Scope of ‘academic use’ of copyrighted work in fair dealing

Unit-6
Teaching Hours:4
Exceptions to Copyright
 

1.Sec. 52 of Copyright Act 

2.Permitted Uses 

3.Fair Use v. Fair Dealing 

4.Scope of ‘academic use’ of copyrighted work in fair dealing

Unit-6
Teaching Hours:4
Exceptions to Copyright
 

1.Sec. 52 of Copyright Act 

2.Permitted Uses 

3.Fair Use v. Fair Dealing 

4.Scope of ‘academic use’ of copyrighted work in fair dealing

Unit-7
Teaching Hours:9
Copyright Issues in Digital World
 

1.Copyright and Software  

2.Digital Millennium Copyright Act  

3.Provisions in Indian Copyright Act  

4.Issues related to online file sharing  

5.Circumvention of Technological Protection Measures Digital Right Management

Unit-7
Teaching Hours:9
Copyright Issues in Digital World
 

1.Copyright and Software  

2.Digital Millennium Copyright Act  

3.Provisions in Indian Copyright Act  

4.Issues related to online file sharing  

5.Circumvention of Technological Protection Measures Digital Right Management

Unit-7
Teaching Hours:9
Copyright Issues in Digital World
 

1.Copyright and Software  

2.Digital Millennium Copyright Act  

3.Provisions in Indian Copyright Act  

4.Issues related to online file sharing  

5.Circumvention of Technological Protection Measures Digital Right Management

Unit-7
Teaching Hours:9
Copyright Issues in Digital World
 

1.Copyright and Software  

2.Digital Millennium Copyright Act  

3.Provisions in Indian Copyright Act  

4.Issues related to online file sharing  

5.Circumvention of Technological Protection Measures Digital Right Management

Unit-8
Teaching Hours:5
Remedies
 

1.Preventive and compensatory civil remedies  

2.Criminal Remedies  

3.Administrative Remedies

Unit-8
Teaching Hours:5
Remedies
 

1.Preventive and compensatory civil remedies  

2.Criminal Remedies  

3.Administrative Remedies

Unit-8
Teaching Hours:5
Remedies
 

1.Preventive and compensatory civil remedies  

2.Criminal Remedies  

3.Administrative Remedies

Unit-8
Teaching Hours:5
Remedies
 

1.Preventive and compensatory civil remedies  

2.Criminal Remedies  

3.Administrative Remedies

Text Books And Reference Books:

Essential references: 

1.Melville B. Nimmer and David Nimmer, Nimmer on Copyright, Indian Reprint, 2010, LexisNexis.

2.William F. Patry, Patry on Copyright, South Asian Edition, 2012, Thomson Reuters.

3.Kevin Garnett, Gillian Davies and GwillymHarbottle, Copinger and Skone James on Copyright, 16th Edition, 2011, Thomson Reuters.

4.John Tehranian, Infringement Nation – Copyright 2.0 and You, 1st Edition, 2011, Oxford University Press.

5.William Patry, How to Fix Copyright, 1st Edition, 2011, Oxford University Press.

6.Paul Goldstein, Goldstein on Copyright, 3rd Edition, 2007, Aspen Publishers.

7.Mira T. SundarRajan, Moral Rights – Principles, Practice and New Technology, 1st Edition, 2011, Oxford University Press.

8.Alain Strowel (ed.), Peer-to-Peer File Sharing and Secondary Liability in Copyright Law, Edition 2009, Edward Elgar Publishing Limited.

9.Robert W. Gomulkeiewicz, Xuan-Thao Nguyen and Danielle Conway-Jones, Licensing Intellectual Property – Law and Application, 1st Edition, 2008, Wolter Kluwer Law and Business. 

Essential Reading / Recommended Reading

1.Russell Parr, Royalty Rates for Licensing Intellectual Property, 1st Edition, 2007, John Wiley and Sons Inc.

2.AkshatPande, Valuation of Intellectual Property Assets, 1st Edition, 2010, Eastern Law House.   

3.Lionel Bently and Brad Sherman, Intellectual Property Law, 3rd Edition, 2009, Oxford University Press.

4.Jennifer Davis, Intellectual Property Law, 3rd Edition, 2008, Oxford University Press.

5.Simon Stokes, Digital Copyright – Law and Practice, 1st Edition, 2005, Hart Publishing.

6.Geoffrey P.Hull, The Recording Industry, 2nd Edition, 2004, Routledge Publication.

7.Ruth Towse, Copyright in the Cultural Industries, Edition, 2002, Edward Elgar Publishing Inc.

8.P Narayanan, Copyright and Industrial Designs, 3rd Edition, 2002, Eastern Law House.

Evaluation Pattern

Assessments: Continuous formative assessments throughout the semester. There will be no centralised assessment.

LAW785B - COMPARATIVE CONSTITUTIONAL LAW (2021 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

Course descriptionThis course has been conceptualized in order to provide an understanding of comparative constitutional law and it's significance. Unit 1 offers an understanding about the meaning and significance of Constitution, constitutionalism, separation of power and comparative constitutional law.  Unit 2 deals with forms of government, i.e. parliamentary and presidential, prevailing in USA, UK and France and its comparison with India. Unit 3 traces the evolution and development of civil rights; discusses it's status in UK, USA and France and compares with India. Unit 4 deliberates on organisation of Judiciary, judicial process and the power of judicial review in USA, UK and France in comparision with India. Unit 5 discusses the organization of legislative and executive powers in USA, UK and France and compares with India.

Course Objectives:

The course intends:

1.       To offer an understanding of the significance of constitution and comparative constitutional law;

2.      To provide a comparative study and analysis of the philosophy and forms of democratic government;

3.      To providing an understanding of the evolution of ‘Rights’ in three major democracies and their impact on the concept of ‘right’ in India.

4.      To explain the working of judiciary in USA, UK, France and provide a comparative perspective with reference to Indian judiciary

5.      To interpret and examine the power of judicial review

6.      To provide an understanding about the organization of legislature and their powers with reference to Indian polity.

7.    To offer a critical insight into theory and working of the government

Learning Outcome

CO1: Identify the significance of the study of Comparative Constitutional Law.

CO2: Analyze the forms and constitutional foundation of the governments in major democracies.

CO3: Provide an account of the evolution of rights and the way forward in major democracies.

CO4: Compare the working of the judiciary and judicial process in India with three major constitutional democracies.

CO5: Explain and compare the law-making process and powers.

Unit-1
Teaching Hours:5
INTRODUCTION
 

Significance of Constitution and Comparative Constitutional Law; Constitutionalism; Separation of Power

Unit-1
Teaching Hours:5
INTRODUCTION
 

Significance of Constitution and Comparative Constitutional Law; Constitutionalism; Separation of Power

Unit-1
Teaching Hours:5
INTRODUCTION
 

Significance of Constitution and Comparative Constitutional Law; Constitutionalism; Separation of Power

Unit-1
Teaching Hours:5
INTRODUCTION
 

Significance of Constitution and Comparative Constitutional Law; Constitutionalism; Separation of Power

Unit-2
Teaching Hours:10
NATURE AND FORM OF DEMOCRATIC GOVERNMENT
 

American Declaration of Independence and  French Declaration of Rights of Man on the idea of government; Democracy and Republic; Structure of the Government – Horizontal and Vertical; Parliamentary, Presidential, and Hybrid - Comparative perspective with reference to India

Unit-2
Teaching Hours:10
NATURE AND FORM OF DEMOCRATIC GOVERNMENT
 

American Declaration of Independence and  French Declaration of Rights of Man on the idea of government; Democracy and Republic; Structure of the Government – Horizontal and Vertical; Parliamentary, Presidential, and Hybrid - Comparative perspective with reference to India

Unit-2
Teaching Hours:10
NATURE AND FORM OF DEMOCRATIC GOVERNMENT
 

American Declaration of Independence and  French Declaration of Rights of Man on the idea of government; Democracy and Republic; Structure of the Government – Horizontal and Vertical; Parliamentary, Presidential, and Hybrid - Comparative perspective with reference to India

Unit-2
Teaching Hours:10
NATURE AND FORM OF DEMOCRATIC GOVERNMENT
 

American Declaration of Independence and  French Declaration of Rights of Man on the idea of government; Democracy and Republic; Structure of the Government – Horizontal and Vertical; Parliamentary, Presidential, and Hybrid - Comparative perspective with reference to India

Unit-3
Teaching Hours:15
THE EVOLUTION AND DEVELOPMENT OF CIVIL RIGHT AND LIBERTY
 

Concept of Natural Rights, and Civil Liberty and Rights; Rights in UK, USA and France; Magna Carta, UK Bill of Rights, Human Rights Act ; US Bill of Rights (First Amendment, Fifth Amendment, Fourteenth Amendment, Due process of law)  – Comparison with reference to India

Unit-3
Teaching Hours:15
THE EVOLUTION AND DEVELOPMENT OF CIVIL RIGHT AND LIBERTY
 

Concept of Natural Rights, and Civil Liberty and Rights; Rights in UK, USA and France; Magna Carta, UK Bill of Rights, Human Rights Act ; US Bill of Rights (First Amendment, Fifth Amendment, Fourteenth Amendment, Due process of law)  – Comparison with reference to India

Unit-3
Teaching Hours:15
THE EVOLUTION AND DEVELOPMENT OF CIVIL RIGHT AND LIBERTY
 

Concept of Natural Rights, and Civil Liberty and Rights; Rights in UK, USA and France; Magna Carta, UK Bill of Rights, Human Rights Act ; US Bill of Rights (First Amendment, Fifth Amendment, Fourteenth Amendment, Due process of law)  – Comparison with reference to India

Unit-3
Teaching Hours:15
THE EVOLUTION AND DEVELOPMENT OF CIVIL RIGHT AND LIBERTY
 

Concept of Natural Rights, and Civil Liberty and Rights; Rights in UK, USA and France; Magna Carta, UK Bill of Rights, Human Rights Act ; US Bill of Rights (First Amendment, Fifth Amendment, Fourteenth Amendment, Due process of law)  – Comparison with reference to India

Unit-4
Teaching Hours:15
JUDICIAL PROCESS AND REVIEW
 

Judiciary in UK, USA and France; Judicial Process – meaning and nature; Judicial review: evolution, nature and scope - Comparison with Indian practice; Independence of Judiciary; Judicial activism – meaning and nature; Constitutional Council in France; Development of Judicial Power in UK and under the Human Rights Act

Unit-4
Teaching Hours:15
JUDICIAL PROCESS AND REVIEW
 

Judiciary in UK, USA and France; Judicial Process – meaning and nature; Judicial review: evolution, nature and scope - Comparison with Indian practice; Independence of Judiciary; Judicial activism – meaning and nature; Constitutional Council in France; Development of Judicial Power in UK and under the Human Rights Act

Unit-4
Teaching Hours:15
JUDICIAL PROCESS AND REVIEW
 

Judiciary in UK, USA and France; Judicial Process – meaning and nature; Judicial review: evolution, nature and scope - Comparison with Indian practice; Independence of Judiciary; Judicial activism – meaning and nature; Constitutional Council in France; Development of Judicial Power in UK and under the Human Rights Act

Unit-4
Teaching Hours:15
JUDICIAL PROCESS AND REVIEW
 

Judiciary in UK, USA and France; Judicial Process – meaning and nature; Judicial review: evolution, nature and scope - Comparison with Indian practice; Independence of Judiciary; Judicial activism – meaning and nature; Constitutional Council in France; Development of Judicial Power in UK and under the Human Rights Act

Unit-5
Teaching Hours:15
ORGANIZATION OF LEGISLATIVE AND EXECUTIVE POWERS
 

Federalism; Distribution of legislative powers;  Extent of Executive power   - Emergency powers;  - Law making process in U.K, USA and France in comparison with India; Power of Congress in USA – Police power, Commerce clause, Necessary and Proper clause

Unit-5
Teaching Hours:15
ORGANIZATION OF LEGISLATIVE AND EXECUTIVE POWERS
 

Federalism; Distribution of legislative powers;  Extent of Executive power   - Emergency powers;  - Law making process in U.K, USA and France in comparison with India; Power of Congress in USA – Police power, Commerce clause, Necessary and Proper clause

Unit-5
Teaching Hours:15
ORGANIZATION OF LEGISLATIVE AND EXECUTIVE POWERS
 

Federalism; Distribution of legislative powers;  Extent of Executive power   - Emergency powers;  - Law making process in U.K, USA and France in comparison with India; Power of Congress in USA – Police power, Commerce clause, Necessary and Proper clause

Unit-5
Teaching Hours:15
ORGANIZATION OF LEGISLATIVE AND EXECUTIVE POWERS
 

Federalism; Distribution of legislative powers;  Extent of Executive power   - Emergency powers;  - Law making process in U.K, USA and France in comparison with India; Power of Congress in USA – Police power, Commerce clause, Necessary and Proper clause

Text Books And Reference Books:
  1. The Oxford Handbook of Comparative Constitutional Law Edited by Michel Rosenfeld and András Sajó
  2. Indian Constitutional Law by M. P. Jain
  3. Comparative Constitutional law by D. D. Basu
  4. Modern Political Constitutions by C. F. Strong
  5. Introduction to The Law and the Constitution by Sir Ivor Jennings
  6. Constitutional Law by Wade &Bradley
  7. The Study of the Law of the Constitution by A. V. Dicey
  8. The Judicial Process by Henry J. Abraham
Essential Reading / Recommended Reading

1.  Modern Constitutions by K.C.Wheare

2.Studies in Indian and American Constitutional Law by Dauglus W.O.

3.Treatise on American Constitution by Rotunda and Nowak

4.Commentary on American Constitutionby Bernad Schwartz

5.Federalism Comparative Study by E.S.Venkataramaiah

6.American Constitutional Law by Mason and Beany

7.Constitutional Practice by Rodney Brazier

8.The French Constitution and Government by Godfrey and Blondel

9.Comparative Constitutional Law Tom Ginsburg, Rosalind Dixon

10.Comparative Constitutional Reasoning Edited by Andra Jakab, Arthur Dyevre and Giulio Itzcovich

11.   Comparative Constitutional Law by Vicki C. Jackson, Mark V. Tushnet

12.  The Federalist Papers

Evaluation Pattern

Course Code

Course Title

Assessment details

BALBBL785B

COMPARATIVE CONSTITUTIONAL LAW

CIA I – Class Test / Assignment / Presentation – 10% CIA II – Mid Semester Examination – 25% CIA III – Research Topic – 10% Attendance – 05% End Semester Examination – 50%

TOTAL 100%

LAW785C - LAW OF MERGERS AND ACQUISITIONS (2021 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

This course provides the knowledge base for understanding the laws, principles and procedures of Mergers and Acquisitions. The primary objective is to provide a framework of the principles, concepts, and of the legal routes of mergers and acquisitions. The course will provide an in-depth learning of the implications of M&A laws on the shareholders & other stakeholders of the company and its impact on firm value, IP and taxation matters.  

Learning Outcome

CO1: Explain various concepts relating to M&A.

CO2: Develop skill in drafting a scheme of Arrangement (SOA).

CO3: Apply the law and procedure for drafting an M&A Scheme.

CO4: Identify the laws and rules applicable for M&A.

CO5: Analyses IPR and Taxation issues in M&A transactions.

Unit-1
Teaching Hours:6
INTRODUCTION TO THE LAW OF MERGERS AND ACQUISITIONS
 

Concepts in   M&A- Categories of M&A-   Causes and Consequences of M&A. 

Unit-1
Teaching Hours:6
INTRODUCTION TO THE LAW OF MERGERS AND ACQUISITIONS
 

Concepts in   M&A- Categories of M&A-   Causes and Consequences of M&A. 

Unit-2
Teaching Hours:6
MERGERS, TAKEOVERS AND RESTRUCTURING ROUTES ? INDIAN SCENARIO
 

Provisions of the Companies Act, SEBI Act, Competition Act and other statutes- Routes of M&A- Regulatory authorities of M&A. 

Unit-2
Teaching Hours:6
MERGERS, TAKEOVERS AND RESTRUCTURING ROUTES ? INDIAN SCENARIO
 

Provisions of the Companies Act, SEBI Act, Competition Act and other statutes- Routes of M&A- Regulatory authorities of M&A. 

Unit-3
Teaching Hours:12
BUSINESS TRANSFER, MERGERS AND ARRANGEMENT
 

Concepts and issues – Sale of an `undertaking’ (slump sale) -Business transfer agreement of a `going concern’--Matters to be considered -Conveyance of immoveable property -Transfer of contracts, debts, licenses, intellectual property rights -Transfer of employees -Effect on mortgages and charges. 

Procedure for effecting mergers / Demergers- Drafting of schemes of arrangements and other documentation- The role of the Court / Tribunal in sanctioning the scheme / implementation of the scheme -Modification of the scheme – who can and how?

Rights of dissenting shareholders / creditors -Power of the Court to make incidental orders-Merger under Section 237 

Unit-3
Teaching Hours:12
BUSINESS TRANSFER, MERGERS AND ARRANGEMENT
 

Concepts and issues – Sale of an `undertaking’ (slump sale) -Business transfer agreement of a `going concern’--Matters to be considered -Conveyance of immoveable property -Transfer of contracts, debts, licenses, intellectual property rights -Transfer of employees -Effect on mortgages and charges. 

Procedure for effecting mergers / Demergers- Drafting of schemes of arrangements and other documentation- The role of the Court / Tribunal in sanctioning the scheme / implementation of the scheme -Modification of the scheme – who can and how?

Rights of dissenting shareholders / creditors -Power of the Court to make incidental orders-Merger under Section 237 

Unit-4
Teaching Hours:5
MERGERS AND ACQUISITIONS OF BANKING COMPANIES
 

Law and procedure of merger of banking companies under the Banking Regulation Act, 1949 -The role of RBI in the merger of Banking companies -Comparison with merger procedure under Ss 230 – 237. 

Unit-4
Teaching Hours:5
MERGERS AND ACQUISITIONS OF BANKING COMPANIES
 

Law and procedure of merger of banking companies under the Banking Regulation Act, 1949 -The role of RBI in the merger of Banking companies -Comparison with merger procedure under Ss 230 – 237. 

Unit-5
Teaching Hours:5
SHARE ACQUISITIONS OF UNLISTED PUBLIC COMPANIES AND LISTED PUBLIC COMPANIES IN INDIA
 

Share acquisition of unlisted Public Companies- Who can invoke the provision?  Squeezing out the minority – when and how-Requirements for invoking the provision – procedural and substantive law aspects – The price – procedure for transfer of the shares of the dissenting minority-Remedies available to the dissenting shareholders-Scope of judicial review. History of Takeover Regulations in India-Takeover Regulation,1997 –Definitions – Compared with SEBI(SAST) 2011. Threshold limits – non-Compete fee –Directors Duties in Takeovers- Due Diligence- UK Takeover code. 

Unit-5
Teaching Hours:5
SHARE ACQUISITIONS OF UNLISTED PUBLIC COMPANIES AND LISTED PUBLIC COMPANIES IN INDIA
 

Share acquisition of unlisted Public Companies- Who can invoke the provision?  Squeezing out the minority – when and how-Requirements for invoking the provision – procedural and substantive law aspects – The price – procedure for transfer of the shares of the dissenting minority-Remedies available to the dissenting shareholders-Scope of judicial review. History of Takeover Regulations in India-Takeover Regulation,1997 –Definitions – Compared with SEBI(SAST) 2011. Threshold limits – non-Compete fee –Directors Duties in Takeovers- Due Diligence- UK Takeover code. 

Unit-6
Teaching Hours:5
COMPETITION LAW ISSUES IN MERGERS and ACQUISITIONS
 

Competition Act, 2002- pre-notification of M&A Transactions to competition commission beyond certain threshold limits. Combinations Regulations- Dominant position and   role of CCI.  

Unit-6
Teaching Hours:5
COMPETITION LAW ISSUES IN MERGERS and ACQUISITIONS
 

Competition Act, 2002- pre-notification of M&A Transactions to competition commission beyond certain threshold limits. Combinations Regulations- Dominant position and   role of CCI.  

Unit-7
Teaching Hours:11
TAXATION ISSUES IN MERGERS AND ACQUISITIONS
 

Income Tax Act,1961 and taxation of different mergers and acquisitions   transactions- Merger, demerger, Asset Sale and Slump Sale- Share Sale and capital gains.

 

 Applicability of Goods and services Tax Act in transfer of shares during M&A-Tax/exemption on transfer of shares: -Tax Withholding-Distinction between tax impact on resident or non-resident acquirer -Asset- -Entire business- valuation of tangible and intangible assets; mode of computation of profits on slump sale --Individual assets --Cost of asset and depreciation-Merger-Demerger --Issues when the one company is not in India--Issues when both companies are non-resident but Indian assets involved. -Others-Treatment of accumulated tax losses. Indirect transfer rules in India (as introduced by Finance Act, 2012 with retrospective effect).

Unit-7
Teaching Hours:11
TAXATION ISSUES IN MERGERS AND ACQUISITIONS
 

Income Tax Act,1961 and taxation of different mergers and acquisitions   transactions- Merger, demerger, Asset Sale and Slump Sale- Share Sale and capital gains.

 

 Applicability of Goods and services Tax Act in transfer of shares during M&A-Tax/exemption on transfer of shares: -Tax Withholding-Distinction between tax impact on resident or non-resident acquirer -Asset- -Entire business- valuation of tangible and intangible assets; mode of computation of profits on slump sale --Individual assets --Cost of asset and depreciation-Merger-Demerger --Issues when the one company is not in India--Issues when both companies are non-resident but Indian assets involved. -Others-Treatment of accumulated tax losses. Indirect transfer rules in India (as introduced by Finance Act, 2012 with retrospective effect).

Unit-8
Teaching Hours:10
IPR ISSUES IN MERGERS AND ACQUISITIONS
 

IP valuation in M&A, IP due diligence in M&A, Data Protection in M&A, Assignment of IPR rights in M&A and Change of Control. Difference between IP Driven M&A and IP transfer in the course of M&A-Importance of understanding and coordination between M&A Counsel and IP Counsel -Documentation -Type of Ips available -Own vs assigned-Change of control. Pending Disputes-Right of employees-Issues related to data protection and privacy during M&A. 

Unit-8
Teaching Hours:10
IPR ISSUES IN MERGERS AND ACQUISITIONS
 

IP valuation in M&A, IP due diligence in M&A, Data Protection in M&A, Assignment of IPR rights in M&A and Change of Control. Difference between IP Driven M&A and IP transfer in the course of M&A-Importance of understanding and coordination between M&A Counsel and IP Counsel -Documentation -Type of Ips available -Own vs assigned-Change of control. Pending Disputes-Right of employees-Issues related to data protection and privacy during M&A. 

Text Books And Reference Books:

1.      Weign Berg and Blank Takeovers and Mergers (2018) Sweet and Maxwell

2.     K.R.  Sampath Law and Procedure on Corporate restructure leading to Mergers, Amalgamations/takeovers, Joint ventures LLP’s and Corporate Restructure (7th Edn)2011 –pp611-615,1073-1081,1342-1344\

3.     Mergers and Acquisitions: Cases, Materials and Problems. Wolter Kluwer (Aspen)

Athanasious Kouloridas, ‘The Law and Economics of takeovers – Contemporary studies in Corporate Law’ Hart Publishing, (2008)

Essential Reading / Recommended Reading

1.      Ken. T. Van den berg, “Approval of take-out mergers by minority shareholders: From substantive to procedural fairness” 93 Yale Law Journal 1113.

2.     Brudney and Chirelstein, ‘Fair shares in corporate Mergers and Takeovers’ 88 Harv.L.Rev. Rev 297

3.     Edward   Greene, and James   J. Junewicz, ‘A Reappraisal of Current Regulation of Mergers and Acquisitions” 132 University of Pennsylvania Law Review 647

4.     Robert R.  Pennington, ‘Takeover Bids in the United Kingdom’ 17 American Journal of Comparative Law 159.

5.     C.  Bradely, “Corporate Control: Market and Rules” 53 Modern Law Review 170

H. Manne, “Mergers and the market for corporate Control” 73 Journal of Political economy 110

Evaluation Pattern

CIA-I Article Review & Case Law Review

CIA-II- Mid Semester written examination conducted for 2 hours duration. [Unit 1,2,3&4]

CIA III- Drafting a Merger scheme and Negotiation exercise for Scheme of arrangement/ merger/ takeover. 

End Sem Examination

 

LAW785D - ECONOMIC CRIMES (2021 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

The course seeks to equip students in understanding and practice in the area of economic offences. Consequences of economic crimes are harmful to the entire society. Economic crimes are difficult to detect and identify as it is intangible in nature. The course deals with various legislative enactments and judicial decisions to bring out the current position of law on different economic crimes.

Learning Outcome

CO1: Identify the procedures for identification and prosecution of economic crimes.

CO2: List out various legislations including the prosecution of public servants for corruption and judicial decisions pertaining to the same.

CO3: Apply the provisions of the laws related to financial crimes and related aspects of financial crimes.

CO4: Analyse the national and global legal mechanism for preventing economic frauds.

CO5: Evaluate as against other role of international organizations like INTERPOL in preventing transnational crimes and difficulty in the determination of Jurisdiction of courts in case of transnational economic crimes.

CO6: Propose a solution to issues related to fixation of corporate criminal liability.

Unit-1
Teaching Hours:10
INTRODUCTION
 

Introduction – Meaning of crime for the purposes of economic offences – distinction between conventional crime and economic crimes – Theories of economic crimes – Environment giving rise to economic crimes – Substantive white collar crimes – causes and kinds of socio-economic crimes - Role of national, international institutions and NGOs

Unit-1
Teaching Hours:10
INTRODUCTION
 

Introduction – Meaning of crime for the purposes of economic offences – distinction between conventional crime and economic crimes – Theories of economic crimes – Environment giving rise to economic crimes – Substantive white collar crimes – causes and kinds of socio-economic crimes - Role of national, international institutions and NGOs

Unit-2
Teaching Hours:10
CORRUPTION AND BRIBERY
 

Corruption and Bribery – Impact of corruption on economic development – Legal and Judicial Control of corruption- Prevention of Corruption of Act – Public servant – corruption free service –vigilance in public sector – Use of RTI in eradicating corruption – Transnational corruption

Unit-2
Teaching Hours:10
CORRUPTION AND BRIBERY
 

Corruption and Bribery – Impact of corruption on economic development – Legal and Judicial Control of corruption- Prevention of Corruption of Act – Public servant – corruption free service –vigilance in public sector – Use of RTI in eradicating corruption – Transnational corruption

Unit-3
Teaching Hours:10
FINANCIAL CRIME
 

Financial Crime – Issues in taxation and tax evasion – Legal mechanism to prevent tax evasion- Money laundering offences – Illicit trafficking in contraband goods – evasion of excise duty- stock market manipulations –credit card fraud – Exp[ort control and economic sanctions I illegal foreign trade- hawala transactions – foreign contribution manipulations

Unit-3
Teaching Hours:10
FINANCIAL CRIME
 

Financial Crime – Issues in taxation and tax evasion – Legal mechanism to prevent tax evasion- Money laundering offences – Illicit trafficking in contraband goods – evasion of excise duty- stock market manipulations –credit card fraud – Exp[ort control and economic sanctions I illegal foreign trade- hawala transactions – foreign contribution manipulations

Unit-4
Teaching Hours:10
ECONOMIC FRAUDS
 

 

Economic Frauds – Banks frauds- Insurance frauds- Cultural object’s theft – Theft of intellectual property – False Travel documents – fraudulent bankruptcy – real estate frauds- Racketeering in employment

 

Unit-4
Teaching Hours:10
ECONOMIC FRAUDS
 

 

Economic Frauds – Banks frauds- Insurance frauds- Cultural object’s theft – Theft of intellectual property – False Travel documents – fraudulent bankruptcy – real estate frauds- Racketeering in employment

 

Unit-5
Teaching Hours:10
SPECIFIC ECONOMIC CRIMES
 

Specific economic crimes – Computer crimes – software piracy- Illicit trafficking in arms and explosives- Funding Terrorist activities – Drug trafficking – Trade in Human bodies  - Manipulation in forensic evidence -  UN, INTERPOL and World Bank Group- Extradition and International prisoner Transfer – Extra Territorial Jurisdiction – Transfer of prisoners

Unit-5
Teaching Hours:10
SPECIFIC ECONOMIC CRIMES
 

Specific economic crimes – Computer crimes – software piracy- Illicit trafficking in arms and explosives- Funding Terrorist activities – Drug trafficking – Trade in Human bodies  - Manipulation in forensic evidence -  UN, INTERPOL and World Bank Group- Extradition and International prisoner Transfer – Extra Territorial Jurisdiction – Transfer of prisoners

Unit-6
Teaching Hours:10
CORPORATE CRIMINAL LIABILITY
 

Corporate criminal liability –  Defining corporate crime – characteristics of corporate crime – measuring corporate crime – rationale for corporate criminal liability - company frauds – Economic integration and business crimes – limits of corporate criminal liability – corporate criminal liability based on collective knowledge and action – due diligence defense in corporate criminal liability- sentencing for corporate criminal liability – collateral consequences  of corporate criminal act  – criminal liability under statutory enactments.

Unit-6
Teaching Hours:10
CORPORATE CRIMINAL LIABILITY
 

Corporate criminal liability –  Defining corporate crime – characteristics of corporate crime – measuring corporate crime – rationale for corporate criminal liability - company frauds – Economic integration and business crimes – limits of corporate criminal liability – corporate criminal liability based on collective knowledge and action – due diligence defense in corporate criminal liability- sentencing for corporate criminal liability – collateral consequences  of corporate criminal act  – criminal liability under statutory enactments.

Text Books And Reference Books:

·         Bruce Zagaris, International White Collar Crimes, 2010

·         Richard S Grunter, Corporate Criminal Liability and Prevention, 2005

·         Amand Pinto , Corporate Criminal Liability

·         N Vitaal, Corruption In India, 2003

·         Hans Sojern, New Perspectives on Economic Crimes, 2009

·         NCRB statistics on Economic Offences

·         Bruce L benson , Handbook on Economic Crimes, 2010

Essential Reading / Recommended Reading

1.      V. Santhakumar, The Roots of Ill- Governance and Corruption, 2015, Sage Publications, New Delhi

2.      Karnika Seth, Computer, Information and Technology Laws, 2016, Lexis Nexis, New Delhi

3.      Prof. N.V Paranjape, Criminology & Penology with Victimology, 15thedn,  2012, Central Law Publications, Allahabad

4.      Sunil Goyal&SangeetaGoyal, Crime in India, 2004

5.      JyotiTrehan, Criminal Money Laundering- The Indian Perspective,2004, Oxford University Press

6.      NCRB statistics on Economic Offences.

7.      RatanlalDhirajlal, IPC, 30thedn, 2007, Wadwa&Co, Nagpur

8.      Crime and Money Laundering: The Indian Perspective by: JyotiTrehan

9.      AmandPinto , Corporate Criminal Liability

10.  AparnaViswanathan, Cyber Law-Indian and International perspectives,2012, Lexis Nexis, Wadhwa&Co, Nagpur

Evaluation Pattern

·         CIA I – Class Test                                                           - 10%

·         CIA II – Mid Semester Examination                               - 25%

·         CIA III – Presentation                                                      - 10%

·         Attendance                                                                              – 05%

·         End Semester Examination                                          – 50%

                                                                                                    TOTAL 100%

LAW785E - CORPORATE GOVERNANCE (2021 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

Course Description

 

This course has been conceptualized for the students to understand the need and importance of appropriate corporate governance practices in Indian companies- which is a set of processes, customs, policies, laws and regulations affecting the way a corporation is managed or controlled. It helps the students to understand the emergence of corporate social responsibility and ESG and how it affects all stakeholders and thus making corporations socially responsible. The course aims at providing students with the basic idea about corporate governance and its implications on society and legal system.

Course Objectives:

 

1.     Familiarize the students about the concept of corporate governance, models, theories and its significance.

2.     Analyze the issues related to the management of corporate entities and to give an insight into the regulation of them through legislations and regulations.

3.     Apply various legal and regulatory restrictions and obligations vis-à-vis the Board and the individual directors.

4.     List out the important aspects with regard to auditors and other statutory compliances that companies have to follow.

5.     Evaluate existing governance principles as against OECD principles.

6.     Propose solutions to the various issues related to Corporate Social Responsibility and its application, integrating Sustainable Development goals into Corporate Governance.

7.     To acquaint the students with the best practices, standards and norms of corporate governance at the global level.

 

Learning Outcome

CO1: Identify the salient features of corporate governance mechanism.

CO2: List out the important aspects with regard to auditors and other statutory compliances that companies have to follow.

CO3: Apply various legal and regulatory restrictions and obligations vis-à-vis the Board and the individual directors.

CO4: Analyze the issues related to functioning of the corporate system as a mode of business organization.

CO5: Evaluate principles in India as against the OECD principles.

CO6: Propose a solution to the various issues related to Corporate Social Responsibility and its application.

Unit-1
Teaching Hours:15
INTRODUCTION TO CORPORATE GOVERNANCE
 

1.1  Corporate governance - Meaning, definition.

1.2   Shareholder vs. Stakeholder perspective – Scope of Separation of Powers and control.

1.3  Development of concept of corporate governance – historical antecedents, Principles of corporate Governance – OECD principles.

1.4  Corporate Governance Committees –Cadbury (U.K.), Greenbury and Hample, CII Code of Desirable Corporate Governance (1998), Kumar Mangalam Birla (2000), N. Chandra (2003 & 2009), Narayan Murthy (2003), J.J. Irani (2005), Kotak Committee (2017), SEBI consultation paper on strengthening corporate governance at listed entities by empowering shareholders (2023).

Unit-1
Teaching Hours:15
INTRODUCTION TO CORPORATE GOVERNANCE
 

1.1  Corporate governance - Meaning, definition.

1.2   Shareholder vs. Stakeholder perspective – Scope of Separation of Powers and control.

1.3  Development of concept of corporate governance – historical antecedents, Principles of corporate Governance – OECD principles.

1.4  Corporate Governance Committees –Cadbury (U.K.), Greenbury and Hample, CII Code of Desirable Corporate Governance (1998), Kumar Mangalam Birla (2000), N. Chandra (2003 & 2009), Narayan Murthy (2003), J.J. Irani (2005), Kotak Committee (2017), SEBI consultation paper on strengthening corporate governance at listed entities by empowering shareholders (2023).

Unit-1
Teaching Hours:15
INTRODUCTION TO CORPORATE GOVERNANCE
 

1.1  Corporate governance - Meaning, definition.

1.2   Shareholder vs. Stakeholder perspective – Scope of Separation of Powers and control.

1.3  Development of concept of corporate governance – historical antecedents, Principles of corporate Governance – OECD principles.

1.4  Corporate Governance Committees –Cadbury (U.K.), Greenbury and Hample, CII Code of Desirable Corporate Governance (1998), Kumar Mangalam Birla (2000), N. Chandra (2003 & 2009), Narayan Murthy (2003), J.J. Irani (2005), Kotak Committee (2017), SEBI consultation paper on strengthening corporate governance at listed entities by empowering shareholders (2023).

Unit-1
Teaching Hours:15
INTRODUCTION TO CORPORATE GOVERNANCE
 

1.1  Corporate governance - Meaning, definition.

1.2   Shareholder vs. Stakeholder perspective – Scope of Separation of Powers and control.

1.3  Development of concept of corporate governance – historical antecedents, Principles of corporate Governance – OECD principles.

1.4  Corporate Governance Committees –Cadbury (U.K.), Greenbury and Hample, CII Code of Desirable Corporate Governance (1998), Kumar Mangalam Birla (2000), N. Chandra (2003 & 2009), Narayan Murthy (2003), J.J. Irani (2005), Kotak Committee (2017), SEBI consultation paper on strengthening corporate governance at listed entities by empowering shareholders (2023).

Unit-2
Teaching Hours:12
CORPORATE GOVERNANCE MECHANISM
 

2.1 Corporate Governance Mechanism – Anglo-American, Japanese, German Models

 2.2 Indian Issues related to corporate governance-Agency problem, Role of shareholders in     decision making, corporate capital procurement and property rights,

 2.3 Role of Creditors in governance

 2.4 Executive compensation- remuneration committees as per revised clause 49.

 2.5 Comparison of Sarbanes - Oxley Act and clause 49 (SEBI LODR, 2015).

Unit-2
Teaching Hours:12
CORPORATE GOVERNANCE MECHANISM
 

2.1 Corporate Governance Mechanism – Anglo-American, Japanese, German Models

 2.2 Indian Issues related to corporate governance-Agency problem, Role of shareholders in     decision making, corporate capital procurement and property rights,

 2.3 Role of Creditors in governance

 2.4 Executive compensation- remuneration committees as per revised clause 49.

 2.5 Comparison of Sarbanes - Oxley Act and clause 49 (SEBI LODR, 2015).

Unit-2
Teaching Hours:12
CORPORATE GOVERNANCE MECHANISM
 

2.1 Corporate Governance Mechanism – Anglo-American, Japanese, German Models

 2.2 Indian Issues related to corporate governance-Agency problem, Role of shareholders in     decision making, corporate capital procurement and property rights,

 2.3 Role of Creditors in governance

 2.4 Executive compensation- remuneration committees as per revised clause 49.

 2.5 Comparison of Sarbanes - Oxley Act and clause 49 (SEBI LODR, 2015).

Unit-2
Teaching Hours:12
CORPORATE GOVERNANCE MECHANISM
 

2.1 Corporate Governance Mechanism – Anglo-American, Japanese, German Models

 2.2 Indian Issues related to corporate governance-Agency problem, Role of shareholders in     decision making, corporate capital procurement and property rights,

 2.3 Role of Creditors in governance

 2.4 Executive compensation- remuneration committees as per revised clause 49.

 2.5 Comparison of Sarbanes - Oxley Act and clause 49 (SEBI LODR, 2015).

Unit-3
Teaching Hours:12
BOARD OF DIRECTORS
 

     3.1 Position of Directors under Companies Act 2013- Independent directors, Nominee directors, woman director,

        3.2 SEBI regulation and recommendations relating to board, Corporate Fraud and crimes-setting up responsibilities of directors- SEBI (LODR, 2015).

        3.3 Introduction to SFIO,

        3.4 Corporate Succession,

        3.5 SEBI (Listing Obligations and Disclosure Requirement) regulations. 2015 – Board composition and Case Studies,

        3.6 International perspective on Corporate Governance and position of directors. Whistle blower policies in board – with reference to companies act 2013 and whistle blower protection act 2014.

        3.7Directors responsibility for framing, implementing and monitoring the risk management plan for the company.

Unit-3
Teaching Hours:12
BOARD OF DIRECTORS
 

     3.1 Position of Directors under Companies Act 2013- Independent directors, Nominee directors, woman director,

        3.2 SEBI regulation and recommendations relating to board, Corporate Fraud and crimes-setting up responsibilities of directors- SEBI (LODR, 2015).

        3.3 Introduction to SFIO,

        3.4 Corporate Succession,

        3.5 SEBI (Listing Obligations and Disclosure Requirement) regulations. 2015 – Board composition and Case Studies,

        3.6 International perspective on Corporate Governance and position of directors. Whistle blower policies in board – with reference to companies act 2013 and whistle blower protection act 2014.

        3.7Directors responsibility for framing, implementing and monitoring the risk management plan for the company.

Unit-3
Teaching Hours:12
BOARD OF DIRECTORS
 

     3.1 Position of Directors under Companies Act 2013- Independent directors, Nominee directors, woman director,

        3.2 SEBI regulation and recommendations relating to board, Corporate Fraud and crimes-setting up responsibilities of directors- SEBI (LODR, 2015).

        3.3 Introduction to SFIO,

        3.4 Corporate Succession,

        3.5 SEBI (Listing Obligations and Disclosure Requirement) regulations. 2015 – Board composition and Case Studies,

        3.6 International perspective on Corporate Governance and position of directors. Whistle blower policies in board – with reference to companies act 2013 and whistle blower protection act 2014.

        3.7Directors responsibility for framing, implementing and monitoring the risk management plan for the company.

Unit-3
Teaching Hours:12
BOARD OF DIRECTORS
 

     3.1 Position of Directors under Companies Act 2013- Independent directors, Nominee directors, woman director,

        3.2 SEBI regulation and recommendations relating to board, Corporate Fraud and crimes-setting up responsibilities of directors- SEBI (LODR, 2015).

        3.3 Introduction to SFIO,

        3.4 Corporate Succession,

        3.5 SEBI (Listing Obligations and Disclosure Requirement) regulations. 2015 – Board composition and Case Studies,

        3.6 International perspective on Corporate Governance and position of directors. Whistle blower policies in board – with reference to companies act 2013 and whistle blower protection act 2014.

        3.7Directors responsibility for framing, implementing and monitoring the risk management plan for the company.

Unit-4
Teaching Hours:12
AUDITORS AND OTHER DISCLOSURES
 

4.1 Position of auditors, role and responsibilities of statutory auditors as set in companies act 2013 and SEBI (LODR). compulsory auditor rotation, appointment and removal of auditors, Auditors right to representation before shareholders meeting.

        4.2 Audit committee- composition and role.

        4.3 Related Party Transactions (“RPT”) and disclosure of interest by board.

        4.4 Subsidiary Company disclosure.

        4.5 Investor Protection – SEBI mechanism, Insider trading, Unfair Trade Practices.

Unit-4
Teaching Hours:12
AUDITORS AND OTHER DISCLOSURES
 

4.1 Position of auditors, role and responsibilities of statutory auditors as set in companies act 2013 and SEBI (LODR). compulsory auditor rotation, appointment and removal of auditors, Auditors right to representation before shareholders meeting.

        4.2 Audit committee- composition and role.

        4.3 Related Party Transactions (“RPT”) and disclosure of interest by board.

        4.4 Subsidiary Company disclosure.

        4.5 Investor Protection – SEBI mechanism, Insider trading, Unfair Trade Practices.

Unit-4
Teaching Hours:12
AUDITORS AND OTHER DISCLOSURES
 

4.1 Position of auditors, role and responsibilities of statutory auditors as set in companies act 2013 and SEBI (LODR). compulsory auditor rotation, appointment and removal of auditors, Auditors right to representation before shareholders meeting.

        4.2 Audit committee- composition and role.

        4.3 Related Party Transactions (“RPT”) and disclosure of interest by board.

        4.4 Subsidiary Company disclosure.

        4.5 Investor Protection – SEBI mechanism, Insider trading, Unfair Trade Practices.

Unit-4
Teaching Hours:12
AUDITORS AND OTHER DISCLOSURES
 

4.1 Position of auditors, role and responsibilities of statutory auditors as set in companies act 2013 and SEBI (LODR). compulsory auditor rotation, appointment and removal of auditors, Auditors right to representation before shareholders meeting.

        4.2 Audit committee- composition and role.

        4.3 Related Party Transactions (“RPT”) and disclosure of interest by board.

        4.4 Subsidiary Company disclosure.

        4.5 Investor Protection – SEBI mechanism, Insider trading, Unfair Trade Practices.

Unit-5
Teaching Hours:12
CORPORATE SOCIAL AND ENVIRONMENTAL RESPONSIBILITY
 

5.1 CSR- meaning and definition, its effect on investors, Corruption, Ethics and social responsibility of companies, Relationship of CSR and Environment, case studies of CSR done by big corporate houses, CSR and Corporate Governance awards and recognition.

        5.2 UN sustainable development goals – Role of Listed companies.

        5.3 Environment, Social and Governance (ESG) – ESG reporting for Listed Companies, ESG ratings, Business Responsibility report (BRR), Green Finance. 

Unit-5
Teaching Hours:12
CORPORATE SOCIAL AND ENVIRONMENTAL RESPONSIBILITY
 

5.1 CSR- meaning and definition, its effect on investors, Corruption, Ethics and social responsibility of companies, Relationship of CSR and Environment, case studies of CSR done by big corporate houses, CSR and Corporate Governance awards and recognition.

        5.2 UN sustainable development goals – Role of Listed companies.

        5.3 Environment, Social and Governance (ESG) – ESG reporting for Listed Companies, ESG ratings, Business Responsibility report (BRR), Green Finance. 

Unit-5
Teaching Hours:12
CORPORATE SOCIAL AND ENVIRONMENTAL RESPONSIBILITY
 

5.1 CSR- meaning and definition, its effect on investors, Corruption, Ethics and social responsibility of companies, Relationship of CSR and Environment, case studies of CSR done by big corporate houses, CSR and Corporate Governance awards and recognition.

        5.2 UN sustainable development goals – Role of Listed companies.

        5.3 Environment, Social and Governance (ESG) – ESG reporting for Listed Companies, ESG ratings, Business Responsibility report (BRR), Green Finance. 

Unit-5
Teaching Hours:12
CORPORATE SOCIAL AND ENVIRONMENTAL RESPONSIBILITY
 

5.1 CSR- meaning and definition, its effect on investors, Corruption, Ethics and social responsibility of companies, Relationship of CSR and Environment, case studies of CSR done by big corporate houses, CSR and Corporate Governance awards and recognition.

        5.2 UN sustainable development goals – Role of Listed companies.

        5.3 Environment, Social and Governance (ESG) – ESG reporting for Listed Companies, ESG ratings, Business Responsibility report (BRR), Green Finance. 

Text Books And Reference Books:

1.Vasudha Joshi, Corporate Governance: The Indian Scenario, Foundation Books (2004).

2. Arindam Das, Corporate Governance in India (2019).

3. A.C. Fernando, Corporate Governance: Principles, Policies and Practices, Pearson Education (2019).

4. Alan Calder, Corporate Governance: A practical guide to the legal framework and International Codes of Practices, Kogan Page London (2008).

5.  Kevin Keasey, ‎ Steve Thompson, ‎ Michael Wright, Corporate Governance: Accountability, Enterprise and International Comparisons, John Wiley and Sons (2005).

  6.  Balasubramaniyam, N, Corporate Governance And Stewardship, Tata McGraw Hill Education,(1978) 

Essential Reading / Recommended Reading

1.     Sami Pathasarathy, Corporate Governance, Principles, Mechanisms and Practice

2.     Dimple Grover, AmulyaKhurana, Ravi Shankar, The Regulatory Norms  of Corporate Governance in India.

3.     SadhalaxmiVivek Rao, Legal Framework and corporate Governance:  An Analysis of Indian Governance System

4.     Ministry of Corporate Affairs, Voluntary Guidelines on Corporate Governance, 2009

5.     Sanjay Anand, Essentials of Corporate Governance

6.     Kevin Keasey, Steve Thompson, Michael Wright, Corporate Governance, Accountability, Enterprise and International Comparisions

7.     The Institute of Directors, Hanbook of International Corporate Governance

8.     Christine Mallin,  International Corporate Governance- A case Study approach

9.     Frederick Lipmanand Keith Lipman, Corporate Governance Best Practices, Strategies for Public, Private and NGOs.

10.  Frank B. And Robert A., Law and corporate governance, Elgar financial law series

11.  Edited by Alberto Chong, Florencio Silanes, Investor protection and corporate governance, Stanford University Press.

12. Jayati Sarkar, Subrata Sarkar, Corporate Governance in India, Sage Publications.

Evaluation Pattern

Assessment details:

       CIA I – Class Test / Assignment / Presentation – 10%

       CIA II – Mid Semester Examination – 25% 

       CIA III – Research Topic     – 10% 

       Attendance                           – 05% 

       End Semester Examination – 50% 

                                                                                        TOTAL 100% 

LAW786A - MEDIA LAW (2021 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

 

Media often referred to as the fourth estate plays an important role in creating and molding public opinion and strengthening of society. A free and an independent press is a sine qua non in a democratic form of government. It acts as a watch dog and maintains checks and balances the relationship between the State and its citizens. The study of media law is very important for students of law as it gives them an insight into the legal, ethical and regulatory framework governing media in India. With the developments in the field of information and communication technologies many issues and challenges are coming to the fore. The course is designed to give an insight into the various facets of media and examines the legal and regulatory framework governing media in India. The course also focuses on the contemporary developments in the field and delves into the issues and challenges posed thereto. Ethics of the press and journalistic integrity will also be dealt with.

Mass communication from the days of printing press has played a very important role in the formation of public opinion. Advancement in science and technology has changed the scope and dimensions of mass communication. ICT has created digital era for us. While there are definite benefits from these technologies, the experience shows that these technologies can be abused to harm the interests of the society. The course aims to provide basic understating of the evolution and existence of various facets of media and the legal regime in place to regulate its content and matters incidental to it. 

Learning Outcome

CO1: Analyse the general concept of media and comprehend the significance of media from historical perspective of freedom of speech and expression.

CO2: Identify and analyse the existing regulation on broadcasting media in India along with the aspects of censorship.

CO3: Describe the issues related to freedom press vs. individuals reputation, freedom of speech vs sedition, blasphemy and hate speech.

CO4: Analyse the nature, categories and consequences of invasion of right to privacy.

CO5: Evaluate the existing regulation of social media in India.

Unit-1
Teaching Hours:12
INTRODUCTION
 

1. Concept of Media

2. Freedom of Press – Significance,

3. Historical Perspectives on Media Regulation in India,

4. Freedom of Speech and Expression as a Fundamental Right- Scope and Ambit,

5. Comparison with the position in USA,

6. Reasonable Restrictions.

Unit-1
Teaching Hours:12
INTRODUCTION
 

1. Concept of Media

2. Freedom of Press – Significance,

3. Historical Perspectives on Media Regulation in India,

4. Freedom of Speech and Expression as a Fundamental Right- Scope and Ambit,

5. Comparison with the position in USA,

6. Reasonable Restrictions.

Unit-1
Teaching Hours:12
INTRODUCTION
 

1. Concept of Media

2. Freedom of Press – Significance,

3. Historical Perspectives on Media Regulation in India,

4. Freedom of Speech and Expression as a Fundamental Right- Scope and Ambit,

5. Comparison with the position in USA,

6. Reasonable Restrictions.

Unit-1
Teaching Hours:12
INTRODUCTION
 

1. Concept of Media

2. Freedom of Press – Significance,

3. Historical Perspectives on Media Regulation in India,

4. Freedom of Speech and Expression as a Fundamental Right- Scope and Ambit,

5. Comparison with the position in USA,

6. Reasonable Restrictions.

Unit-2
Teaching Hours:10
REGULATION OF BROADCASTING MEDIA
 

1. Origin of broadcasting laws  in India,

2. Censorship over broadcasting media- Cinematograph Act, 1952, Cable Television Network (Regulation) Act, 1995, TRAI Act, 1997, Communications Convergence Bill, 2001, Broadcasting Services Regulation Bill, 2007,

3. Media ownership patterns-legal issues

Unit-2
Teaching Hours:10
REGULATION OF BROADCASTING MEDIA
 

1. Origin of broadcasting laws  in India,

2. Censorship over broadcasting media- Cinematograph Act, 1952, Cable Television Network (Regulation) Act, 1995, TRAI Act, 1997, Communications Convergence Bill, 2001, Broadcasting Services Regulation Bill, 2007,

3. Media ownership patterns-legal issues

Unit-2
Teaching Hours:10
REGULATION OF BROADCASTING MEDIA
 

1. Origin of broadcasting laws  in India,

2. Censorship over broadcasting media- Cinematograph Act, 1952, Cable Television Network (Regulation) Act, 1995, TRAI Act, 1997, Communications Convergence Bill, 2001, Broadcasting Services Regulation Bill, 2007,

3. Media ownership patterns-legal issues

Unit-2
Teaching Hours:10
REGULATION OF BROADCASTING MEDIA
 

1. Origin of broadcasting laws  in India,

2. Censorship over broadcasting media- Cinematograph Act, 1952, Cable Television Network (Regulation) Act, 1995, TRAI Act, 1997, Communications Convergence Bill, 2001, Broadcasting Services Regulation Bill, 2007,

3. Media ownership patterns-legal issues

Unit-3
Teaching Hours:10
PROTECTION OF REPUTATION
 

1. Defamation – IPC Sec. 499 with exceptions,

2. Libel and Slander,

3. Hate Speech,

4. Blasphemy,

5. Sedition

Unit-3
Teaching Hours:10
PROTECTION OF REPUTATION
 

1. Defamation – IPC Sec. 499 with exceptions,

2. Libel and Slander,

3. Hate Speech,

4. Blasphemy,

5. Sedition

Unit-3
Teaching Hours:10
PROTECTION OF REPUTATION
 

1. Defamation – IPC Sec. 499 with exceptions,

2. Libel and Slander,

3. Hate Speech,

4. Blasphemy,

5. Sedition

Unit-3
Teaching Hours:10
PROTECTION OF REPUTATION
 

1. Defamation – IPC Sec. 499 with exceptions,

2. Libel and Slander,

3. Hate Speech,

4. Blasphemy,

5. Sedition

Unit-4
Teaching Hours:10
MEDIA AND PRIVACY
 

1. Obscenity and Pornography -IPC s. 292-294,

2. Tests to determine pornography,

3. Privacy law in India, Photo Journalism, Investigative Journalism, Sting Operations,

4. Cyber Privacy- Data protection in cyber space, Right to privacy v. Right to information, 

Unit-4
Teaching Hours:10
MEDIA AND PRIVACY
 

1. Obscenity and Pornography -IPC s. 292-294,

2. Tests to determine pornography,

3. Privacy law in India, Photo Journalism, Investigative Journalism, Sting Operations,

4. Cyber Privacy- Data protection in cyber space, Right to privacy v. Right to information, 

Unit-4
Teaching Hours:10
MEDIA AND PRIVACY
 

1. Obscenity and Pornography -IPC s. 292-294,

2. Tests to determine pornography,

3. Privacy law in India, Photo Journalism, Investigative Journalism, Sting Operations,

4. Cyber Privacy- Data protection in cyber space, Right to privacy v. Right to information, 

Unit-4
Teaching Hours:10
MEDIA AND PRIVACY
 

1. Obscenity and Pornography -IPC s. 292-294,

2. Tests to determine pornography,

3. Privacy law in India, Photo Journalism, Investigative Journalism, Sting Operations,

4. Cyber Privacy- Data protection in cyber space, Right to privacy v. Right to information, 

Unit-5
Teaching Hours:10
REGULATION OF SOCIAL MEDIA
 

1. Internet as a platform of free speech, Content Regulation on Internet,

2. Cross Border Jurisdictional Issue, Liability of Intermediaries

Unit-5
Teaching Hours:10
REGULATION OF SOCIAL MEDIA
 

1. Internet as a platform of free speech, Content Regulation on Internet,

2. Cross Border Jurisdictional Issue, Liability of Intermediaries

Unit-5
Teaching Hours:10
REGULATION OF SOCIAL MEDIA
 

1. Internet as a platform of free speech, Content Regulation on Internet,

2. Cross Border Jurisdictional Issue, Liability of Intermediaries

Unit-5
Teaching Hours:10
REGULATION OF SOCIAL MEDIA
 

1. Internet as a platform of free speech, Content Regulation on Internet,

2. Cross Border Jurisdictional Issue, Liability of Intermediaries

Unit-6
Teaching Hours:10
MEDIA, ETHICS AND ADJUDICATION
 

1. Copyright and Trademark issues in mass media,

2. Reporting of Judicial proceedings, Reporting of Legislative Proceedings,

3. Regulation of Commercial Speech,

4. Protection of Journalistic sources, Paid News and Opinion Polls, Regulation of Media- Statutory and Self- Regulation, Government-owned media.

Unit-6
Teaching Hours:10
MEDIA, ETHICS AND ADJUDICATION
 

1. Copyright and Trademark issues in mass media,

2. Reporting of Judicial proceedings, Reporting of Legislative Proceedings,

3. Regulation of Commercial Speech,

4. Protection of Journalistic sources, Paid News and Opinion Polls, Regulation of Media- Statutory and Self- Regulation, Government-owned media.

Unit-6
Teaching Hours:10
MEDIA, ETHICS AND ADJUDICATION
 

1. Copyright and Trademark issues in mass media,

2. Reporting of Judicial proceedings, Reporting of Legislative Proceedings,

3. Regulation of Commercial Speech,

4. Protection of Journalistic sources, Paid News and Opinion Polls, Regulation of Media- Statutory and Self- Regulation, Government-owned media.

Unit-6
Teaching Hours:10
MEDIA, ETHICS AND ADJUDICATION
 

1. Copyright and Trademark issues in mass media,

2. Reporting of Judicial proceedings, Reporting of Legislative Proceedings,

3. Regulation of Commercial Speech,

4. Protection of Journalistic sources, Paid News and Opinion Polls, Regulation of Media- Statutory and Self- Regulation, Government-owned media.

Text Books And Reference Books:

1.      Andrew D. Murray, IT Law: The Law and Society, Oxford University Press, 2010.

2.      AparnaViswanathan, Cyber Law-Indian and International Perspectives, LexisNexis Butterworths, 2ndedn. 2011.

3.      D.D. BasuLaw of the Press, Wadhwa Nagpur, 2002

4.      D.D.Basu, Commentary on the Constitution of India, Wandhwa Nagpur, Vol. 2, 8thedn., 2007

5.      Don R. Pember, Mass Media and Law, University of Washington, 2001-02

6.      Dr. Samir Kumar Singh and Prof. Pushpendra P. Singh, Media Legislation and Laws, JnanadaPrakasham, New Delhi

7.      K.N.Harikumar (edt.), Courts, Legislatures, Media Freedom, National Book Trust, 1stedn., 2006

8.   Karnika Seth, Computers, Internet and New Technology Laws, LexisNexis Butterworths, 2012

9.   M. Neelamalar, Media Law and Ethics, New Delhi, 2010 

10.   Madhavi Goradia Divan, Facets of Media Law, Eastern Book Co., 2000

11.   MukulSahay, Media Law and Ethics, Wisdom Press, Delhi, 2011

12.   P.K. Ravindranath, Press Law and Ethics of Journalism, Anmol Publications New Delhi, 2011

13.   ParanjoyGuhaThakurta, Media Ethics- Truth, Fairness and Objectivity, Oxford University Press, 2009

14.   Peter Carey (et.al), Media Law, Sweet and Maxwell, 2007

15.   Ram Jethmalani and D.S. Chopra, Cases and Materials on Media Law, Thomson Reuters, 1stedn., 2012. 

16.   Roy L. Moore and Micheal D. Murray, Media Law and Ethics, Routledge-Taylor and Francis Group.

17.   S. Kundra, Media Laws and the Indian Constitution, Anmol Publications Pvt. Ltd, 2005

18.   Sanjay Kumar Singh, Press Law and Ethics of Journalism, Anmol Publications, 2013

19.   Telecom, Media and Press Laws, Eastern Book Company, 1stedn., 2007

20.   UdaySahay (edt.), Handbook of the Media in Contemporary India-Making News, Oxford Uty. Press, 2006

21.   Ursula Smartt, Media and Entertainment Law, Routledge, 2011

22.   Wayne Overbeck, Major Principles of Media Law, 2004

 

Essential Reading / Recommended Reading

1.      Andrew D. Murray, IT Law: The Law and Society, Oxford University Press, 2010.

2.      AparnaViswanathan, Cyber Law-Indian and International Perspectives, LexisNexis Butterworths, 2ndedn. 2011.

3.      D.D. BasuLaw of the Press, Wadhwa Nagpur, 2002

4.      D.D.Basu, Commentary on the Constitution of India, Wandhwa Nagpur, Vol. 2, 8thedn., 2007

5.      Don R. Pember, Mass Media and Law, University of Washington, 2001-02

6.      Dr. Madabhushi Sridhar, The Law of Expression, Asia Law House, Hyderabad, 1stedn., 2007

7.      Dr. Samir Kumar Singh and Prof. Pushpendra P. Singh, Media Legislation and Laws, JnanadaPrakasham, New Delhi

8.      Duncan Bloyand Sara Hadwin, Law and Media, Sweet and Maxwell, 2013

9.      K.N.Harikumar (edt.), Courts, Legislatures, Media Freedom, National Book Trust, 1stedn., 2006

10.   Karnika Seth, Computers, Internet and New Technology Laws, LexisNexis Butterworths, 2012

11.   M. Neelamalar, Media Law and Ethics, New Delhi, 2010 

12.   Madhavi Goradia Divan, Facets of Media Law, Eastern Book Co., 2000

13.   Manita Singh, Law of Journalism and Mass Communication, Centrum Press, New Delhi,1stedn. 2010

14.   MukulSahay, Media Law and Ethics, Wisdom Press, Delhi, 2011

15.   P.K. Ravindranath, Press Law and Ethics of Journalism, Anmol Publications New Delhi, 2011

16.   ParanjoyGuhaThakurta, Media Ethics- Truth, Fairness and Objectivity, Oxford University Press, 2009

17.   Peter Carey (et.al), Media Law, Sweet and Maxwell, 2007

18.   Ram Jethmalani and D.S. Chopra, Cases and Materials on Media Law, Thomson Reuters, 1stedn., 2012. 

19.   Roy L. Moore and Micheal D. Murray, Media Law and Ethics, Routledge-Taylor and Francis Group.

20.   S. Kundra, Media Laws and the Indian Constitution, Anmol Publications Pvt. Ltd, 2005

21.   S.K. Vermaand Raman Mittl (Eds.), Legal Dimensions of Cyber Space, Indian Law Institute, New Delhi, 2004.

22.   Sanjay Kumar Singh, Press Law and Ethics of Journalism, Anmol Publications, 2013

23.   Telecom, Media and Press Laws, Eastern Book Company, 1stedn., 2007

24.   UdaySahay (edt.), Handbook of the Media in Contemporary India-Making News, Oxford Uty. Press, 2006

25.   Ursula Smartt, Media and Entertainment Law, Routledge, 2011

26.   Wayne Overbeck, Major Principles of Media Law, 2004

27.   Yee Fen Lim, Cyber Space Laws-Commentaries and Materials, Oxford University Press, 2007

 

Evaluation Pattern

CIA I – Class Test / Assignment / Presentation – 10%

 CIA II – Mid Semester Examination – 25%

 CIA III – Research Topic – 10%

 Attendance – 05%

 End Semester Examination – 50%

 TOTAL 100%

LAW786B - CYBER LAW (2021 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

 

Course Description: Cyber law has emerged as medium for growth with immense potentials for solving many new and interesting challenges.  The course aims at appreciating one of the important emerging areas of law and the nitty-gritty involved in it. This introduces the students to the underlying philosophy of the subject and its relation to other areas focusing on human rights.

 

Course Objectives:The course aims to

  • Gain an understanding of the underlying philosophy of cyber law and its relation to information technology.
  •   Facilitate an overall understanding on needs for regulation of information technology in India
  • Impart basic idea of information technology and its relation to other areas focussing on human rights 
  • provide professionsl solutions to real time problems like defamation
  • acquaint with legal challenges arising out of privacy issues awareness about the various kinds of cyber crimes and legal issues and cases

Learning Outcome

CO1: Analyse the laws related to defamation through information technology

CO2: Propose a solution to privacy related issues due to use of computer technology.

CO3: Evaluate as against others the interface between different human rights instruments and challenges faced by information technology.

CO4: Apply the provisions of Information Technology Act

CO5: List out the legal challenges of the information society and the different forms of cybercrimes.

CO6: Identify the need for regulation of Information technology and various regulatory models.

Unit-1
Teaching Hours:10
LAW AND TECHNOLOGY, INFORMATION SOCIETY, MEANING OF INFORMATION
 

Introduction digitization, Analog v Digital content, Introduction to Internet – ACLU v Reno, Digitization and Society, Legal Challenges of the Information Society - origin of cyberspace - Internet as source of regulatory arbitrage

Unit-1
Teaching Hours:10
LAW AND TECHNOLOGY, INFORMATION SOCIETY, MEANING OF INFORMATION
 

Introduction digitization, Analog v Digital content, Introduction to Internet – ACLU v Reno, Digitization and Society, Legal Challenges of the Information Society - origin of cyberspace - Internet as source of regulatory arbitrage

Unit-1
Teaching Hours:10
LAW AND TECHNOLOGY, INFORMATION SOCIETY, MEANING OF INFORMATION
 

Introduction digitization, Analog v Digital content, Introduction to Internet – ACLU v Reno, Digitization and Society, Legal Challenges of the Information Society - origin of cyberspace - Internet as source of regulatory arbitrage

Unit-1
Teaching Hours:10
LAW AND TECHNOLOGY, INFORMATION SOCIETY, MEANING OF INFORMATION
 

Introduction digitization, Analog v Digital content, Introduction to Internet – ACLU v Reno, Digitization and Society, Legal Challenges of the Information Society - origin of cyberspace - Internet as source of regulatory arbitrage

Unit-2
Teaching Hours:10
REGULATION OF DIGITAL ENVIRONMENT
 

Cyber-liberarinism, Cyber-paternalism, Lessig’s model of regulation, Network communitarianism,   Regulators in cyberspace – state and private entities

Unit-2
Teaching Hours:10
REGULATION OF DIGITAL ENVIRONMENT
 

Cyber-liberarinism, Cyber-paternalism, Lessig’s model of regulation, Network communitarianism,   Regulators in cyberspace – state and private entities

Unit-2
Teaching Hours:10
REGULATION OF DIGITAL ENVIRONMENT
 

Cyber-liberarinism, Cyber-paternalism, Lessig’s model of regulation, Network communitarianism,   Regulators in cyberspace – state and private entities

Unit-2
Teaching Hours:10
REGULATION OF DIGITAL ENVIRONMENT
 

Cyber-liberarinism, Cyber-paternalism, Lessig’s model of regulation, Network communitarianism,   Regulators in cyberspace – state and private entities

Unit-3
Teaching Hours:10
HUMAN RIGHTS AND INFORMATION TECHNOLOGY
 

Civil liberties – free speech and Art.19(1)(a) of the Constitution – Privacy and Art.21 of the Constitution – Data Collection and Storage, Freedom of Speech and Social Responsibility, Censorship – Indecency – Pornography – Determination of Standards for, Provisions of IPC and Information Technology Act, 2000

Unit-3
Teaching Hours:10
HUMAN RIGHTS AND INFORMATION TECHNOLOGY
 

Civil liberties – free speech and Art.19(1)(a) of the Constitution – Privacy and Art.21 of the Constitution – Data Collection and Storage, Freedom of Speech and Social Responsibility, Censorship – Indecency – Pornography – Determination of Standards for, Provisions of IPC and Information Technology Act, 2000

Unit-3
Teaching Hours:10
HUMAN RIGHTS AND INFORMATION TECHNOLOGY
 

Civil liberties – free speech and Art.19(1)(a) of the Constitution – Privacy and Art.21 of the Constitution – Data Collection and Storage, Freedom of Speech and Social Responsibility, Censorship – Indecency – Pornography – Determination of Standards for, Provisions of IPC and Information Technology Act, 2000

Unit-3
Teaching Hours:10
HUMAN RIGHTS AND INFORMATION TECHNOLOGY
 

Civil liberties – free speech and Art.19(1)(a) of the Constitution – Privacy and Art.21 of the Constitution – Data Collection and Storage, Freedom of Speech and Social Responsibility, Censorship – Indecency – Pornography – Determination of Standards for, Provisions of IPC and Information Technology Act, 2000

Unit-4
Teaching Hours:10
DEFAMATION
 

Tort of defamation, Digital defamation – publication and republication, Liability of Intermediary, Digital defamation and User Generated Content (UGC). Social Sites.

 

 

Unit-4
Teaching Hours:10
DEFAMATION
 

Tort of defamation, Digital defamation – publication and republication, Liability of Intermediary, Digital defamation and User Generated Content (UGC). Social Sites.

 

 

Unit-4
Teaching Hours:10
DEFAMATION
 

Tort of defamation, Digital defamation – publication and republication, Liability of Intermediary, Digital defamation and User Generated Content (UGC). Social Sites.

 

 

Unit-4
Teaching Hours:10
DEFAMATION
 

Tort of defamation, Digital defamation – publication and republication, Liability of Intermediary, Digital defamation and User Generated Content (UGC). Social Sites.

 

 

Unit-5
Teaching Hours:10
PRIVACY IN CYBERSPACE
 

Digitization, personal data and data industry, Data Protection principles, Conditions for processing of personal data, CCTV, RFID Tracking, Data Retention and identity, Cookies regulation - interception and monitoring by Government

Unit-5
Teaching Hours:10
PRIVACY IN CYBERSPACE
 

Digitization, personal data and data industry, Data Protection principles, Conditions for processing of personal data, CCTV, RFID Tracking, Data Retention and identity, Cookies regulation - interception and monitoring by Government

Unit-5
Teaching Hours:10
PRIVACY IN CYBERSPACE
 

Digitization, personal data and data industry, Data Protection principles, Conditions for processing of personal data, CCTV, RFID Tracking, Data Retention and identity, Cookies regulation - interception and monitoring by Government

Unit-5
Teaching Hours:10
PRIVACY IN CYBERSPACE
 

Digitization, personal data and data industry, Data Protection principles, Conditions for processing of personal data, CCTV, RFID Tracking, Data Retention and identity, Cookies regulation - interception and monitoring by Government

Unit-6
Teaching Hours:10
CYBER CRIMES
 

Computer misuse – identity theft, grooming and harassment, Hacking, Viruses, criminal damage and mail bombing, Denial of service attack, Obscenity, child abuse, Stalking. Morphing, webjacking, phishing etc., Cyber terrorism, Bandwidth theft, Cyber Warfare, Convention on cyber crime

Unit-6
Teaching Hours:10
CYBER CRIMES
 

Computer misuse – identity theft, grooming and harassment, Hacking, Viruses, criminal damage and mail bombing, Denial of service attack, Obscenity, child abuse, Stalking. Morphing, webjacking, phishing etc., Cyber terrorism, Bandwidth theft, Cyber Warfare, Convention on cyber crime

Unit-6
Teaching Hours:10
CYBER CRIMES
 

Computer misuse – identity theft, grooming and harassment, Hacking, Viruses, criminal damage and mail bombing, Denial of service attack, Obscenity, child abuse, Stalking. Morphing, webjacking, phishing etc., Cyber terrorism, Bandwidth theft, Cyber Warfare, Convention on cyber crime

Unit-6
Teaching Hours:10
CYBER CRIMES
 

Computer misuse – identity theft, grooming and harassment, Hacking, Viruses, criminal damage and mail bombing, Denial of service attack, Obscenity, child abuse, Stalking. Morphing, webjacking, phishing etc., Cyber terrorism, Bandwidth theft, Cyber Warfare, Convention on cyber crime

Text Books And Reference Books:

1.      Seth Karnika, Computers Internet and New Technology Laws. Gurgaon: Lexis Nexis, 2013

2.      Murrey Andrew, Information Technology: Law and Society, Oxford University Press, 2013.

3.      Senthil, Surya, and Lakshmi Devi. Manual of Cyber Laws. New Delhi: Aditya Book Company, 2010.

4.      Singh, Ranbir and Ghanshyam Singh. Cyber Space and the Law: Issues and Challenges. Hyderabad: NALSAR University, 2004.

5.      Rowland, Diane, and Elizabeth Macdonald. Information Technology Law, Cavendish Publishing Ltd, 1997.

6.      Sharma, Vakul. Information Technology: Law & Practice. 2nd Edition, New Delhi: Universal Law Publishing Co.

7.      Singh, Yatindra (Justice). Cyber Laws. 3rd Edition, Universal Law Publishing.

8.      Jayashankar K. K., and Philip Johnson. Cyber Law. Pacific Books International, 2011.

9.      Hiremath, Uma R. (Dr.) Inofmration Technology and Cyber Crimes. Bangalore: Karnataka Institute for Law & Parliamentary Reforms, 2009.

10.  Price, David, and Korieh Duodu. Defamation: Law Procedure and Practice. 3rd Ed., Thomson Sweet & Maxwell.

11.  Fenwick, Helen. Civil Liberties and Human Rights. 4th Ed. Routledge Cavendish.

12.  Lakshminath A., and M. Sridhar. Ramaswamy Iyer's, The Law of Torts, 10th Ed. LexisNexis, Butterworths Wadhwa.

13.  Joga Rao S. V. Law of Cyber Crimes and Information Technology Law, Nagpur: Wadhwa & Company, 2004.

14.  Bird, Graham J. H., and Smith Bird. Internet Law and Regulation.

15.  Konoorayar, Vishnu. Regulating Cyberspace: The Emerging Problems and Challenges. Cochin: Cochin University Law Review, 2003.

16.  Reed, Chris, and John Angel, Computer Law.

17.  Bainbridge, David. Data Protection Law. Vol 1. 2nd ed. New Delhi: Universal Law Publishing, 2005.

18.  Bainbridge, David. Software Licensing. Vol 2. 2nd ed. New Delhi: Universal Law Publishing, 1999.

19.  Brennan, Paul. Law For IT Professionals. Vol 3. New Delhi: Universal Law Publishing, 2003.

20.  Kevan, Tim. E-mail, the Internet and the Law: Essential Knowledge for Safer Surfing. Vol 4. New Delhi: Universal Law Publishing, 2001.

21.  Mason, Stephen. Networks Communications: A Concise to Complaince with the Law. Vol 5. New Delhi ; Universal Law Publishing, 2007.

22.  Ahmad, Tabrez, et al. Cyberlaw, E-Commerce and M-Commerce. New Delhi: A. P. H. Publishing Corpration, 2009.

23.  Vidya, C. (Ed.) Cyber Jurisdiction: A Legal Vision. Hyderabad: The ICFAI University Press, 2006.

 

24.  Augustine, Paul T. Combating Cyber Crime. New Delhi: Crescent Publishing Corpration, 2007.

Essential Reading / Recommended Reading

1.      Seth Karnika, Computers Internet and New Technology Laws. Gurgaon: Lexis Nexis, 2013

2.      Murrey Andrew, Information Technology: Law and Society, Oxford University Press, 2013.

3.      Senthil, Surya, and Lakshmi Devi. Manual of Cyber Laws. New Delhi: Aditya Book Company, 2010.

4.      Singh, Ranbir and Ghanshyam Singh. Cyber Space and the Law: Issues and Challenges. Hyderabad: NALSAR University, 2004.

5.      Rowland, Diane, and Elizabeth Macdonald. Information Technology Law, Cavendish Publishing Ltd, 1997.

6.      Sharma, Vakul. Information Technology: Law & Practice. 2nd Edition, New Delhi: Universal Law Publishing Co.

7.      Singh, Yatindra (Justice). Cyber Laws. 3rd Edition, Universal Law Publishing.

Evaluation Pattern

·         CIA I – Class Test / Assignment / Presentation            – 10%

·         CIA II – Mid Semester Examination                                  – 25%

·         CIA III – Case Analysis                                                       – 10%

·         Attendance                                                                            – 05%

·         End Semester Examination                                                – 50%

                                                                                                TOTAL 100%

LAW786C - LAND LAWS (2021 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:4
Max Marks:100
Credits:4

Course Objectives/Course Description

 

This Course includes 6 Units covering different topics like Constitutional provisions and its concept of land, Land tenures & tenancy system, Land Acquisition Act, Karnataka Land Revenue Act, Karnataka Land Reforms Act, Karnataka Land Grabbing Prohibition Act

·     In this course it examines the fundamental principles, analysis of State and Local Land Laws in India.

·     Each state has the power to make special laws or rules with respect to the land under its jurisdiction with respect to transfer of agricultural property, which includes registration or prohibiting persons from alienation or transfer of it.

Land Law addresses the legal mandates set forth by a country in regard to land ownership.

Objectives: 

To enable students to identify relevant legislations and case laws relating to Land and Property matters

To inculcate basic research skills as a part of learning

To explore critical principles relating to contemporary issues and nurture within the students the ability to draft on Land laws issues.

 To provide in-depth knowledge on Central and State Land Laws.

 To enhance the skills, interpretation and application of different types of Land Laws.

To focus on land reforms besides Land Acquisition procedures enunciated in the Act of 1894 & 2013 and the constitutional perspective relating to land laws have to be taught as an essential part of this course.

·    

·        

 

·    

 

·        

 

 

 

Learning Outcome

CO1: Students will be able to identify research areas, frame research questions and utilize the available on-line data base

CO2: Students should be able to understand the core concepts of different doctrines and to analyze it from legal perspective in the society.

CO3: Students will analyze the issues related to various property documents.

CO4: On the successful completion of this course the students are exposed to the various doctrines, kinds & classification of tenures, critical analysis of Land Acquisition Act, 1894 read with 2013 Act, clarity on land reforms and revenue, concept of property.

CO5: Students will evaluate as against other events of a similar nature and articulate the problem areas.

Unit-1
Teaching Hours:10
CONSTITUTIONAL PROVISIONS AND ITS CONCEPT OF LAND
 

Meaning of land, division of land, ownership and value of land.

 

Doctrine of Eminent Domain. Doctrine of Escheat/Bona Vacantia.

 

-Doctrine of Escheat in Hindu Law: Sec.29 of Hindu Succession Act, 1956 contains the provisions of escheat.

Escheat in Muslim Law

 

Art.300A: Protection of personal property, Schedules: 7th, 11th, 12th of Indian Constitution with case laws.

Unit-1
Teaching Hours:10
CONSTITUTIONAL PROVISIONS AND ITS CONCEPT OF LAND
 

Meaning of land, division of land, ownership and value of land.

 

Doctrine of Eminent Domain. Doctrine of Escheat/Bona Vacantia.

 

-Doctrine of Escheat in Hindu Law: Sec.29 of Hindu Succession Act, 1956 contains the provisions of escheat.

Escheat in Muslim Law

 

Art.300A: Protection of personal property, Schedules: 7th, 11th, 12th of Indian Constitution with case laws.

Unit-2
Teaching Hours:10
LAND TENURES AND TENANCY SYSTEM
 

Meaning, kinds of tenures-freehold, leasehold, copyhold.

 

Classification of tenures-Ryotwari, service tenures, 12yrs tenure.

 

(b)Land revenue-pre-British period, Estate, Inams& its kinds.

 

(c)Settlement of land-meaning & its kinds-permanent settlement, zamindari, Jagirdars, Mahalwar

(d) The PTCL (Prohibition of Transfer of Certain Lands) Act, 1978 (Latest Amendment 2023) also will be discussed

 

Unit-2
Teaching Hours:10
LAND TENURES AND TENANCY SYSTEM
 

Meaning, kinds of tenures-freehold, leasehold, copyhold.

 

Classification of tenures-Ryotwari, service tenures, 12yrs tenure.

 

(b)Land revenue-pre-British period, Estate, Inams& its kinds.

 

(c)Settlement of land-meaning & its kinds-permanent settlement, zamindari, Jagirdars, Mahalwar

(d) The PTCL (Prohibition of Transfer of Certain Lands) Act, 1978 (Latest Amendment 2023) also will be discussed

 

Unit-3
Teaching Hours:16
LAND ACQUISITION ACT, 1894 READ WITH LAND ACQUISITION REHABILITATION AND RESETTLEMENT ACT, 2013
 

(a)Definition- Land, Arable Land, DC, Court, Appropriate Authority,

 

Public Purpose u/s 3(f) of Act.

 

 

(b)Preliminary Investigation.

 

 

(c)Reference To Court and Procedure.

 

(d)Temporary occupation of land.

 

(e)Comparative Chart Of New Act 2013 and Old Act 1894.

 

(f)Over View of Land Acquisition Rehabilitation and Resettlement Act 2013

 

(g)Land Acquisition (Second Amendment) Bill, 2015

 

(h) The Land Bill 2015 passed by Lok Sabha with nine amendments and updated latest amendments. 

Unit-3
Teaching Hours:16
LAND ACQUISITION ACT, 1894 READ WITH LAND ACQUISITION REHABILITATION AND RESETTLEMENT ACT, 2013
 

(a)Definition- Land, Arable Land, DC, Court, Appropriate Authority,

 

Public Purpose u/s 3(f) of Act.

 

 

(b)Preliminary Investigation.

 

 

(c)Reference To Court and Procedure.

 

(d)Temporary occupation of land.

 

(e)Comparative Chart Of New Act 2013 and Old Act 1894.

 

(f)Over View of Land Acquisition Rehabilitation and Resettlement Act 2013

 

(g)Land Acquisition (Second Amendment) Bill, 2015

 

(h) The Land Bill 2015 passed by Lok Sabha with nine amendments and updated latest amendments. 

Unit-4
Teaching Hours:10
KARNATAKA LAND REVENUE ACT 1964
 

(a)Definition- Boundary mark, class of land, land, land owner, land record, survey, survey number, survey mark & officer.

(b)Constitution & Powers of Revenue Officers- Regional commissioner, Deputy Commissioner, Assistant Commissioner, Revenue Inspector, Village Accountant, Survey Officer.

 

(c)Procedure of Revenue Officers

 

(d)Powers & constitution of Karnataka Revenue Appellate Tribunal.

 

(e) Record of Rights and its stages u/s 127-136,

 

(f) Amendment Act of 1970,1982,1984,1999, 2015.

Unit-4
Teaching Hours:10
KARNATAKA LAND REVENUE ACT 1964
 

(a)Definition- Boundary mark, class of land, land, land owner, land record, survey, survey number, survey mark & officer.

(b)Constitution & Powers of Revenue Officers- Regional commissioner, Deputy Commissioner, Assistant Commissioner, Revenue Inspector, Village Accountant, Survey Officer.

 

(c)Procedure of Revenue Officers

 

(d)Powers & constitution of Karnataka Revenue Appellate Tribunal.

 

(e) Record of Rights and its stages u/s 127-136,

 

(f) Amendment Act of 1970,1982,1984,1999, 2015.

Unit-5
Teaching Hours:10
KARNATAKA LAND REFORMS ACT, 1961
 

(a)Definition-Agriculture, Assistant Commissioner, Court, Land, Land Revenue, Permanent Tenant.

 

(b)Constitution of Tribunal under KLR Act 1961

 

(c)Powers & Functions of Tahasildar.

 

(d)Powers & Functions of Tribunal.

 

(e) Amendment Act of 2014 [sec.95(8)]

Karnataka Land Reforms (Amendment) Bill 2020

exempting industrial investments from Sections 63, 79A, 79B and 80 and approval to amend Section 109 of the Land Reforms Act to make purchase of farmland for industrial use

Unit-5
Teaching Hours:10
KARNATAKA LAND REFORMS ACT, 1961
 

(a)Definition-Agriculture, Assistant Commissioner, Court, Land, Land Revenue, Permanent Tenant.

 

(b)Constitution of Tribunal under KLR Act 1961

 

(c)Powers & Functions of Tahasildar.

 

(d)Powers & Functions of Tribunal.

 

(e) Amendment Act of 2014 [sec.95(8)]

Karnataka Land Reforms (Amendment) Bill 2020

exempting industrial investments from Sections 63, 79A, 79B and 80 and approval to amend Section 109 of the Land Reforms Act to make purchase of farmland for industrial use

Unit-6
Teaching Hours:4
KARNATAKA LAND GRABBING PROHIBITION ACT 2011
 

(a)Definition- Charitable Endowment, Land Grabber, Grabbing, Special Court.

 

(b)Prohibition of Land Grabbing, Penalty, Offences by Company.

 

(c)Constitution of Special Courts- its Powers and Procedures

Unit-6
Teaching Hours:4
KARNATAKA LAND GRABBING PROHIBITION ACT 2011
 

(a)Definition- Charitable Endowment, Land Grabber, Grabbing, Special Court.

 

(b)Prohibition of Land Grabbing, Penalty, Offences by Company.

 

(c)Constitution of Special Courts- its Powers and Procedures

Text Books And Reference Books:

 

Essential Reading / Recommended Reading

Dr. N MaheswaraSwamy, Land Laws under the Constitution of India, 1st Edi. 2006, Asia Law House, Hyderabad.

SatpalPuliani, The Karnataka Land Reforms Act,9th Edi, 2014, KLJ Publications, Bangalore

SatpalPuliani, The Karnataka Land RevenueAct,14th Edi, 2015, KLJ Publications, Bangalore

SatpalPuliani, The Right to Fair Compensation and Transparency in Land Acquisition 1st Edi, 2014, KLJ Publications, Bangalore

SatpalPuliani, The Karnataka Land RevenueAct,14th Edi, 2015, KLJ Publications, Bangalore

Lurdu Mary D’Mello, The Karnataka Land Laws, 2007, 1st Edi. Pulani and Pulani, Bangalore. (Revised edition 2015)

PM Bakshi, The Constitution of India, 12th Edi 2013(Reprint 2015), Universal Law Publication. New Delhi, India.

Transfer of Property Act, 1882 by Avatar Singh and Poonam Pradhan Saxena, Lexis Nexis publication, 2015.

Evaluation Pattern

CIA I – Class Test / Assignment / Presentation – 10%

CIA II – Mid Semester Examination – 25%

CIA III – Submission of types of property documents with write up and Viva – 10%

Attendance – 05%

End Semester Examination – 50%

 

TOTAL 100%

LAW786D - LEGISLATIVE DRAFTING (2021 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

Course description: Legislative Drafting is the process through which policies are imbibed into legislations. Acquiring the skill of legislative drafting includes the knowledge and application of principles and techniques used in legislative drafting and the constitutional framework and parliamentary practice and procedures involved in law making. This course incorporates all the aspects of legislative drafting. This course also provides training on drafting of legislations with the use of wide range of drafting techniques. 

Learning Outcome

CO1: Identify, analyse and reflect on the different roles played by legislation to give effect to the policy objectives.

CO2: Relate the different approaches to legislative drafting and the approach of courts to statutes and statutory interpretation

CO3: Judge and develop the skill of legislative drafting principles and techniques in a given context of law making.

Unit-1
Teaching Hours:8
Legislative Drafting: Historical Overview and General Principles
 

1.1.           Sources of Law

1.1.1. Codification of Law: Origin and Growth

            1.1.2. History of Statute Law

1.2.          Legislative Drafting: Nature and Importance

1.3.          Principles of Legislative Drafting

1.4.          Goals of Legislative Drafting

1.5.          Role of Legislative Counsel

1.6.          Qualities of a Good Draft

1.7.          History of Legislative Drafting in India

1.8.          Classification of Statutes

Unit-1
Teaching Hours:8
Legislative Drafting: Historical Overview and General Principles
 

1.1.           Sources of Law

1.1.1. Codification of Law: Origin and Growth

            1.1.2. History of Statute Law

1.2.          Legislative Drafting: Nature and Importance

1.3.          Principles of Legislative Drafting

1.4.          Goals of Legislative Drafting

1.5.          Role of Legislative Counsel

1.6.          Qualities of a Good Draft

1.7.          History of Legislative Drafting in India

1.8.          Classification of Statutes

Unit-2
Teaching Hours:7
Constitutional Framework for Legislative Drafting: Indian Perspective
 

2.1  Separation of Powers

2.2Scheme of Distribution of Legislative Power as a mandate of Legislative Drafting

2.3Doctrines Related to Legislative Drafting

         2.3.1. Principles of Interpretation of the Lists

         2.3.2. Pith and Substance

         2.3.3. Colourable Legislation

2.4Delegated Legislation

        2.4.1. Delegations Permissible

        2.4.2. Functions cannot be Delegated by Legislature

  2.4.3. Legislative Control

  2.4.4. Judicial Control

2.5Constitutional Mandates for Law Making: Article 13 and Basic Structure

2.6Parliamentary Procedures and Practice: Passing of Bills

Unit-2
Teaching Hours:7
Constitutional Framework for Legislative Drafting: Indian Perspective
 

2.1  Separation of Powers

2.2Scheme of Distribution of Legislative Power as a mandate of Legislative Drafting

2.3Doctrines Related to Legislative Drafting

         2.3.1. Principles of Interpretation of the Lists

         2.3.2. Pith and Substance

         2.3.3. Colourable Legislation

2.4Delegated Legislation

        2.4.1. Delegations Permissible

        2.4.2. Functions cannot be Delegated by Legislature

  2.4.3. Legislative Control

  2.4.4. Judicial Control

2.5Constitutional Mandates for Law Making: Article 13 and Basic Structure

2.6Parliamentary Procedures and Practice: Passing of Bills

Unit-3
Teaching Hours:9
Legislative Drafting and Statutory Interpretation
 

Interpretation of Statutes: Meaning and Purpose

       4.1.1. Relationship between Legislative Drafting and Statutory Interpretation

3.2. Ascertaining the intent of the Legislature

       3.2.1. Internal Aids

       3.2.2. External Aids

3.3. General Rules of Interpretation

3.4. Subsidiary Rules of Interpretation

3.5. Relevance of The General Clauses Act, 1897

3.6. Statutes and Presumptions

Unit-3
Teaching Hours:9
Legislative Drafting and Statutory Interpretation
 

Interpretation of Statutes: Meaning and Purpose

       4.1.1. Relationship between Legislative Drafting and Statutory Interpretation

3.2. Ascertaining the intent of the Legislature

       3.2.1. Internal Aids

       3.2.2. External Aids

3.3. General Rules of Interpretation

3.4. Subsidiary Rules of Interpretation

3.5. Relevance of The General Clauses Act, 1897

3.6. Statutes and Presumptions

Unit-4
Teaching Hours:8
Legislative Drafting: Process and Basic Techniques
 

4.1.          Different Stages of Law Making: An Overview of Indian Scenario

4.2.          Preparation of Legislative Scheme: Stages

4.3.          Different Stages of Drafting

4.4.          Structure of a Statute

4.5.          Basic Techniques of Legislative Drafting

       4.5.1. General Rules of Legislative Drafting

       4.5.2. Grammer and Style

       4.5.3. Plain-Language Drafting

       4.5.4. Common Errors in Drafting

Unit-4
Teaching Hours:8
Legislative Drafting: Process and Basic Techniques
 

4.1.          Different Stages of Law Making: An Overview of Indian Scenario

4.2.          Preparation of Legislative Scheme: Stages

4.3.          Different Stages of Drafting

4.4.          Structure of a Statute

4.5.          Basic Techniques of Legislative Drafting

       4.5.1. General Rules of Legislative Drafting

       4.5.2. Grammer and Style

       4.5.3. Plain-Language Drafting

       4.5.4. Common Errors in Drafting

Unit-5
Teaching Hours:12
Legislative Drafting: Sessional Activities & Record Submission
 

5.1.Drafting Exercises w.r.t various components of a bill

5.2.         Discussions on the Bills tabled on Parliament

5.3.          Drafting of Model Bills

Unit-5
Teaching Hours:12
Legislative Drafting: Sessional Activities & Record Submission
 

5.1.Drafting Exercises w.r.t various components of a bill

5.2.         Discussions on the Bills tabled on Parliament

5.3.          Drafting of Model Bills

Text Books And Reference Books:

1.      B.R. Atre, Legislative Drafting: Principles and Techniques ( 6th edn, Lexis Nexis, 2022)

2.     G.P. Singh, Principles of Statutory Interpretation (15th edn, Lexis Nexis 2021)

3.     Helen Xanthaki, Thornton’s Legislative Drafting (4th edn, Bloomsbury, 2013)

4.     Ministry of Parliamentary Affairs, Manual of Parliamentary Procedures in the Government of India (MoPA, 2018)

5.     N.K. Chakrabarti, Principles of Legislation and Legislative Drafting (4th edn, R. Cambry & Co. 2023)

T.K. Viswanathan, Legislative Drafting: Shaping the Law for the New Millennium (Indian Law Institute, 2007)

Essential Reading / Recommended Reading
  1. Amita Dhanda, N.S.Bindra’s General Clauses Act (12th edn,Lexis Nexis 2016)
  2.  P.M. Bakshi, An Introduction to Legislative Drafting ( Lexis Nexis, 1995)
  3. Pius Perry Biribonwoha, ‘The Role of Legislative Drafting in the Law Reform Process’ (2006) 32 Commonwealth Law Bulletin 601
Evaluation Pattern

Assessment on Theoretical Foundations of Legislative Drafting: 40%

Sessional Activities/ Class Presentations and Participation: 20%

Record Submission: 30%

Viva: 10%

Total: 100%                                               

LAW786E - FINTECH LAW AND POLICY (2021 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:5

Course Objectives/Course Description

 

The Internet and new technological advancements are driving decentralization of the global economy, including financial services. Today, we can do the entire banking functions through our smart phones. For decades, banks had been the single entity for carrying out financial services in India. With the advent of financial technology firms (fin techs) there is better financial inclusion, as it is tapping the new generation customers on online platforms. Now central banks across the globe are also mulling on the introduction of central bank digital currencies or CBDCs. Some of the major FinTech products and services currently used in the market place are Peer to Peer (P2P) lending platforms, crowd funding, block chain technology, distributed ledgers technology, Big Data, smart contracts, Robo advisors, E-aggregators, etc. These FinTech products are currently used in international finance, bringing together lenders and borrowers, seekers and providers of information, with or without a nodal intermediation agency. These developments raise important questions of regulation of such digital platforms and the challenges it poses to customers with the absence of brick-and-mortar offices or physical presence.

The course aims:

1. To develop an understanding of the basic concepts and principles of Fintech law, the working and regulation of fintech companies

2. To explain the legal, regulatory, and policy issues associated with cryptocurrencies, initial coin offerings, online lending, new payments technologies, and financial account aggregators

3. To provide the knowledge and understanding the strategies adopted by the regulatory agencies in India and the challenges they face in adapting to the emergence of new financial technologies crucial for financial inclusion

4. To provide an understanding of UN SDG Goal 8 and 9 relating to economic growth and promoting industry, innovation and infrastructure.

5. To develop an understanding of career and employment opportunities to students and will equip them with the knowledge and skills required in regulating the Fintech space.

 

Learning Outcome

CO1: To understand and examine the theoretical foundations and jurisprudential development of Fintech Law

CO2: To analyse and solve practical issues and problems associated with Fintech Regulation

CO3: To apply and analyse general principles related to Fintech law in India

CO4: To evaluate the efficiency of Indian Fintech laws and policy framework compared to global fintech norms that influence domestic law and governance structures.

Unit-1
Teaching Hours:10
AN OVERVIEW OF FINANCIAL SECTOR IN INDIA
 

1.1   An overview of financial sector in India

1.2  Money market in India-Role of Banking and Non-Banking companies

1.3  Functions of Banks and NBFCs

1.4  Regulation of NBFC’s under the Reserve Bank of India Act, 1934

1.5  Conceptual understanding of financial inclusion-need, role and functions of NBFCs in financial inclusion.

Unit-1
Teaching Hours:10
AN OVERVIEW OF FINANCIAL SECTOR IN INDIA
 

1.1   An overview of financial sector in India

1.2  Money market in India-Role of Banking and Non-Banking companies

1.3  Functions of Banks and NBFCs

1.4  Regulation of NBFC’s under the Reserve Bank of India Act, 1934

1.5  Conceptual understanding of financial inclusion-need, role and functions of NBFCs in financial inclusion.

Unit-2
Teaching Hours:5
EVOLUTION AND GROWTH OF FINTECH COMPANIES IN INDIA
 

2.1  The development and growth of fintech companies globally and in India

2.2Licensing requirements for incorporation of Fintech Companies and RBI guidelines      

Unit-2
Teaching Hours:5
EVOLUTION AND GROWTH OF FINTECH COMPANIES IN INDIA
 

2.1  The development and growth of fintech companies globally and in India

2.2Licensing requirements for incorporation of Fintech Companies and RBI guidelines      

Unit-3
Teaching Hours:15
ROLE AND FUNCTIONS OF FINTECH COMPANIES
 

3.1  The role and functions of key fintech sectors in India

3.2Digital lending, digital payment, wealth tech, Insurtech and the virtual digital assets    (“VDA”) industry.

3.3Fintech offerings in India- NPCI’s Payment products, Digital Lending, Payment   Aggregation Services (PAS) , PPIs, Neo banking /digital banking services, VDA based products and services.

Unit-3
Teaching Hours:15
ROLE AND FUNCTIONS OF FINTECH COMPANIES
 

3.1  The role and functions of key fintech sectors in India

3.2Digital lending, digital payment, wealth tech, Insurtech and the virtual digital assets    (“VDA”) industry.

3.3Fintech offerings in India- NPCI’s Payment products, Digital Lending, Payment   Aggregation Services (PAS) , PPIs, Neo banking /digital banking services, VDA based products and services.

Unit-4
Teaching Hours:15
REGULATORY FRAMEWORK OF FINTECH IN INDIA
 

1.1   Body Corporates that regulate fintech’s in India -RBI, IRDAI and SEBI. 

1.2   Role of RBI as a Regulator-Regulation of banks, NBFCs, PSPs, and credit bureaus by RBI, regulation of India’s money market and foreign exchange market. Regulation of Fintech sectors such as Digital Payments, Digital Lending, and Digital or neo-banks. Regulatory technology (Reg Tech) and Supervisory Technology (Sup tech) initiatives by RBI.

1.3  SEBI regulations on regulation of securities markets and intermediaries like stockbrokers and investment advisors, services including stock-broking, investment advisory. Regulations by SEBI -Fractional Ownership Platform Guidelines May 2023, Rejection of Sandbox applications & sandbox application guidelines, Guidelines for regulation of financial influencers.

1.4  IRDAI regulation on insurers, corporate agents, web aggregators for insurance, third-party agents for insurance. IRDAI Guidelines-

Unit-4
Teaching Hours:15
REGULATORY FRAMEWORK OF FINTECH IN INDIA
 

1.1   Body Corporates that regulate fintech’s in India -RBI, IRDAI and SEBI. 

1.2   Role of RBI as a Regulator-Regulation of banks, NBFCs, PSPs, and credit bureaus by RBI, regulation of India’s money market and foreign exchange market. Regulation of Fintech sectors such as Digital Payments, Digital Lending, and Digital or neo-banks. Regulatory technology (Reg Tech) and Supervisory Technology (Sup tech) initiatives by RBI.

1.3  SEBI regulations on regulation of securities markets and intermediaries like stockbrokers and investment advisors, services including stock-broking, investment advisory. Regulations by SEBI -Fractional Ownership Platform Guidelines May 2023, Rejection of Sandbox applications & sandbox application guidelines, Guidelines for regulation of financial influencers.

1.4  IRDAI regulation on insurers, corporate agents, web aggregators for insurance, third-party agents for insurance. IRDAI Guidelines-

Unit-5
Teaching Hours:15
LEGISLATIVE FRAMEWORK OF FINTECH IN INDIA
 

a.      Payment and Settlements Act,2007, Directions for Opening and Operation of Accounts and Settlements of Payments for Electronic Payment Transactions involving Intermediaries, 2009( the EPT Directions), Guidelines on Regulation of Payment Aggregators and Payment Gateways 2020, Master directions on Issuance and Operation of Prepaid Payment Instruments 2021(PPI Guidelines), Guidelines for Licensing of Payment Banks( Payment Banks Guidelines),Digital Payments Security Controls 2021(Security Directions), Digital lending Guidelines (DL Guidelines), 2022, Master Directions-NBFC-Peer to Peer Lending Platform (Reserve Bank) Directions 2017(P2P Guidelines), Master Direction-KYC Direction,2016.

Cross Border Payments Guidelines 2022, GDPR Licenses

Unit-5
Teaching Hours:15
LEGISLATIVE FRAMEWORK OF FINTECH IN INDIA
 

a.      Payment and Settlements Act,2007, Directions for Opening and Operation of Accounts and Settlements of Payments for Electronic Payment Transactions involving Intermediaries, 2009( the EPT Directions), Guidelines on Regulation of Payment Aggregators and Payment Gateways 2020, Master directions on Issuance and Operation of Prepaid Payment Instruments 2021(PPI Guidelines), Guidelines for Licensing of Payment Banks( Payment Banks Guidelines),Digital Payments Security Controls 2021(Security Directions), Digital lending Guidelines (DL Guidelines), 2022, Master Directions-NBFC-Peer to Peer Lending Platform (Reserve Bank) Directions 2017(P2P Guidelines), Master Direction-KYC Direction,2016.

Cross Border Payments Guidelines 2022, GDPR Licenses

Text Books And Reference Books:

1.         A Global Guide to Fintech and Future Payment Trends, Peter Goldfinch, NewYork : Routledge,2019

2.         Fintech: Frontier and Beyond, Xu Zhong, NewYork: Routledge, 2022

3.          Principles of Banking Regulation, Kern Alexander, Cambridge University Press, 2019

4.         Fintech/: The New DNA of Fianancial Services, Pranay Gupta, Boston/Berlin, Walter de gruyter Inc,2019

Essential Reading / Recommended Reading

1.       Democratizing Finance: The Radical Promise of Fintech, Marion Laboure, Harvard University Press, 2022.

2.      A Guide to Financial Regulation for Fintech Entrepreneurs, Stefan Loesch, New Delhi, Wiley,2018

Fintech Artificial Intelligence and the Law: Regulation and Crime Prevention, Alison Lui, Althena Information Solutions Pvt.Ltd,2019

Evaluation Pattern

Assessmentdetails

CIA I – Class Test / Assignment / Presentation                        

                                                                       10%                                                   

CIA II – Mid Semester Examination         25%

CIA III – Research Topic                           10%

Attendance                                                     05%

End Semester Examination                         50%

                                                        TOTAL 100%

LAW853 - CRIMINAL LAW II (2021 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

Course Description: The Bharatiya Nagarik Suraksha Sanhita 2023 is relevant and vibrant when the same is interpreted in the background of the preamble of our Constitution, which incorporates the vision of justice. The decisions of our courts interpreting the constitutional vision have the potential to become vehicle for the  changes. The course is devised to deal with the basic procedural aspects with regard to criminal law in action. Indeed, understanding of the same is a must for any aspiring litigation lawyer, and so it is aimed at satisfying this requirement. A thorough knowledge of The Bharatiya Nagarik Suraksha Sanhita 2023 is indispensable for effective implementation of criminal law.

 

  • ·      To enable the students to understand the fundamental principles of Criminal Law.
  • ·      To facilitate the students to understand the interpretation of various procedural laws such as Indian Penal      Code, Indian Evidence Act, Code of Criminal Procedure  and its application in relevant context.
  • ·      To analyse  the interrelation between Indian Penal Code, Indian Evidence Act, Code of Criminal             Procedure and the Constitution of India.
  • ·      To analyse of the procedure for administration and enforcement of substantive criminal law.
  • ·      To appreciate the procedure of investigation, inquiry and trials in criminal law.

 


                      

 

 

Learning Outcome

CO1: Students will be able to identify the scope, extend and object of the Bharatiya Nagarik Suraksha Sanhita 2023.

CO2: Students will be able to analyze the procedure practiced in criminal trial.

CO3: Students will be able to demonstrate the advocacy skills in criminal trial.

CO4: Students will be able to choose the appropriate remedy for violation of substantive law.

CO5: Students will be able to explain the procedure of conducting investigation, inquiry and criminal trial.

Unit-1
Teaching Hours:4
INTRODUCTION & FUNCTIONARIES UNDER THE CODE
 

Learning Outcome: Through this unit the students are introduced to some preliminary considerations such as the applicability, functionaries under the code etc.

Object of the Code; Applicability, Territorial Divisions and Classification of Offenses. Functionaries under the Code: (Police, Prosecutors, Defense Counsel, Courts). (S. 1-2, 6-9, 24-29 Cr. PC)

Unit-1
Teaching Hours:4
INTRODUCTION & FUNCTIONARIES UNDER THE CODE
 

Learning Outcome: Through this unit the students are introduced to some preliminary considerations such as the applicability, functionaries under the code etc.

Object of the Code; Applicability, Territorial Divisions and Classification of Offenses. Functionaries under the Code: (Police, Prosecutors, Defense Counsel, Courts). (S. 1-2, 6-9, 24-29 Cr. PC)

Unit-1
Teaching Hours:4
INTRODUCTION & FUNCTIONARIES UNDER THE CODE
 

Learning Outcome: Through this unit the students are introduced to some preliminary considerations such as the applicability, functionaries under the code etc.

Object of the Code; Applicability, Territorial Divisions and Classification of Offenses. Functionaries under the Code: (Police, Prosecutors, Defense Counsel, Courts). (S. 1-2, 6-9, 24-29 Cr. PC)

Unit-1
Teaching Hours:4
INTRODUCTION & FUNCTIONARIES UNDER THE CODE
 

Learning Outcome: Through this unit the students are introduced to some preliminary considerations such as the applicability, functionaries under the code etc.

Object of the Code; Applicability, Territorial Divisions and Classification of Offenses. Functionaries under the Code: (Police, Prosecutors, Defense Counsel, Courts). (S. 1-2, 6-9, 24-29 Cr. PC)

Unit-1
Teaching Hours:4
INTRODUCTION & FUNCTIONARIES UNDER THE CODE
 

Learning Outcome: Through this unit the students are introduced to some preliminary considerations such as the applicability, functionaries under the code etc.

Object of the Code; Applicability, Territorial Divisions and Classification of Offenses. Functionaries under the Code: (Police, Prosecutors, Defense Counsel, Courts). (S. 1-2, 6-9, 24-29 Cr. PC)

Unit-1
Teaching Hours:4
INTRODUCTION & FUNCTIONARIES UNDER THE CODE
 

Learning Outcome: Through this unit the students are introduced to some preliminary considerations such as the applicability, functionaries under the code etc.

Object of the Code; Applicability, Territorial Divisions and Classification of Offenses. Functionaries under the Code: (Police, Prosecutors, Defense Counsel, Courts). (S. 1-2, 6-9, 24-29 Cr. PC)

Unit-2
Teaching Hours:6
ARREST, SEARCH & SEIZURE.
 

Learning Outcome: At the conclusion of this unit the students will have  clear understanding of various types of arrest, search and seizure under the Cr.PC.

Meaning and Purpose; Arrest with / without Warrant. Arrest how made; After arrest procedures; Rights of Arrested Persons, Consequences of non-compliance with provisions of arrest. Search & seizure with/without warrant & consequences thereof. (S. 41-60A, Cr. PC).

Unit-2
Teaching Hours:6
ARREST, SEARCH & SEIZURE.
 

Learning Outcome: At the conclusion of this unit the students will have  clear understanding of various types of arrest, search and seizure under the Cr.PC.

Meaning and Purpose; Arrest with / without Warrant. Arrest how made; After arrest procedures; Rights of Arrested Persons, Consequences of non-compliance with provisions of arrest. Search & seizure with/without warrant & consequences thereof. (S. 41-60A, Cr. PC).

Unit-2
Teaching Hours:6
ARREST, SEARCH & SEIZURE.
 

Learning Outcome: At the conclusion of this unit the students will have  clear understanding of various types of arrest, search and seizure under the Cr.PC.

Meaning and Purpose; Arrest with / without Warrant. Arrest how made; After arrest procedures; Rights of Arrested Persons, Consequences of non-compliance with provisions of arrest. Search & seizure with/without warrant & consequences thereof. (S. 41-60A, Cr. PC).

Unit-2
Teaching Hours:6
ARREST, SEARCH & SEIZURE.
 

Learning Outcome: At the conclusion of this unit the students will have  clear understanding of various types of arrest, search and seizure under the Cr.PC.

Meaning and Purpose; Arrest with / without Warrant. Arrest how made; After arrest procedures; Rights of Arrested Persons, Consequences of non-compliance with provisions of arrest. Search & seizure with/without warrant & consequences thereof. (S. 41-60A, Cr. PC).

Unit-2
Teaching Hours:6
ARREST, SEARCH & SEIZURE.
 

Learning Outcome: At the conclusion of this unit the students will have  clear understanding of various types of arrest, search and seizure under the Cr.PC.

Meaning and Purpose; Arrest with / without Warrant. Arrest how made; After arrest procedures; Rights of Arrested Persons, Consequences of non-compliance with provisions of arrest. Search & seizure with/without warrant & consequences thereof. (S. 41-60A, Cr. PC).

Unit-2
Teaching Hours:6
ARREST, SEARCH & SEIZURE.
 

Learning Outcome: At the conclusion of this unit the students will have  clear understanding of various types of arrest, search and seizure under the Cr.PC.

Meaning and Purpose; Arrest with / without Warrant. Arrest how made; After arrest procedures; Rights of Arrested Persons, Consequences of non-compliance with provisions of arrest. Search & seizure with/without warrant & consequences thereof. (S. 41-60A, Cr. PC).

Unit-3
Teaching Hours:8
INVESTIGATION.
 

Learning Outcome: Through this unit students come to know the various aspects of investigation.

Meaning & purpose; When to investigate, Information to the police, FIR, Procedure after recording the FIR, Power to require attendance of witnesses, Power to interrogate witnesses & to record their statements, Evidentiary value of statements made to police, Power of Judicial Magistrate to record confessions/ statements, Case Diary, Procedure to follow on completion of investigation, Investigations & inquiries into cause of unnatural deaths, suicides, of death in police custody etc. (S. 154- 176, Cr. PC.)

Unit-3
Teaching Hours:8
INVESTIGATION.
 

Learning Outcome: Through this unit students come to know the various aspects of investigation.

Meaning & purpose; When to investigate, Information to the police, FIR, Procedure after recording the FIR, Power to require attendance of witnesses, Power to interrogate witnesses & to record their statements, Evidentiary value of statements made to police, Power of Judicial Magistrate to record confessions/ statements, Case Diary, Procedure to follow on completion of investigation, Investigations & inquiries into cause of unnatural deaths, suicides, of death in police custody etc. (S. 154- 176, Cr. PC.)

Unit-3
Teaching Hours:8
INVESTIGATION.
 

Learning Outcome: Through this unit students come to know the various aspects of investigation.

Meaning & purpose; When to investigate, Information to the police, FIR, Procedure after recording the FIR, Power to require attendance of witnesses, Power to interrogate witnesses & to record their statements, Evidentiary value of statements made to police, Power of Judicial Magistrate to record confessions/ statements, Case Diary, Procedure to follow on completion of investigation, Investigations & inquiries into cause of unnatural deaths, suicides, of death in police custody etc. (S. 154- 176, Cr. PC.)

Unit-3
Teaching Hours:8
INVESTIGATION.
 

Learning Outcome: Through this unit students come to know the various aspects of investigation.

Meaning & purpose; When to investigate, Information to the police, FIR, Procedure after recording the FIR, Power to require attendance of witnesses, Power to interrogate witnesses & to record their statements, Evidentiary value of statements made to police, Power of Judicial Magistrate to record confessions/ statements, Case Diary, Procedure to follow on completion of investigation, Investigations & inquiries into cause of unnatural deaths, suicides, of death in police custody etc. (S. 154- 176, Cr. PC.)

Unit-3
Teaching Hours:8
INVESTIGATION.
 

Learning Outcome: Through this unit students come to know the various aspects of investigation.

Meaning & purpose; When to investigate, Information to the police, FIR, Procedure after recording the FIR, Power to require attendance of witnesses, Power to interrogate witnesses & to record their statements, Evidentiary value of statements made to police, Power of Judicial Magistrate to record confessions/ statements, Case Diary, Procedure to follow on completion of investigation, Investigations & inquiries into cause of unnatural deaths, suicides, of death in police custody etc. (S. 154- 176, Cr. PC.)

Unit-3
Teaching Hours:8
INVESTIGATION.
 

Learning Outcome: Through this unit students come to know the various aspects of investigation.

Meaning & purpose; When to investigate, Information to the police, FIR, Procedure after recording the FIR, Power to require attendance of witnesses, Power to interrogate witnesses & to record their statements, Evidentiary value of statements made to police, Power of Judicial Magistrate to record confessions/ statements, Case Diary, Procedure to follow on completion of investigation, Investigations & inquiries into cause of unnatural deaths, suicides, of death in police custody etc. (S. 154- 176, Cr. PC.)

Unit-4
Teaching Hours:8
BAIL& ANTICIPATORY BAIL.
 

Learning Outcome: This unit gives the students an understanding of how the provisions relating to bail work.

Mandatory Bail; Bail in cases of non-bailable offenses, Powers of High Court & Sessions Court in granting bail; Anticipatory Bail; Cancelation of Bail; Provisions regarding bond of accused and sureties. (S.436-439, Cr. PC).

Unit-4
Teaching Hours:8
BAIL& ANTICIPATORY BAIL.
 

Learning Outcome: This unit gives the students an understanding of how the provisions relating to bail work.

Mandatory Bail; Bail in cases of non-bailable offenses, Powers of High Court & Sessions Court in granting bail; Anticipatory Bail; Cancelation of Bail; Provisions regarding bond of accused and sureties. (S.436-439, Cr. PC).

Unit-4
Teaching Hours:8
BAIL& ANTICIPATORY BAIL.
 

Learning Outcome: This unit gives the students an understanding of how the provisions relating to bail work.

Mandatory Bail; Bail in cases of non-bailable offenses, Powers of High Court & Sessions Court in granting bail; Anticipatory Bail; Cancelation of Bail; Provisions regarding bond of accused and sureties. (S.436-439, Cr. PC).

Unit-4
Teaching Hours:8
BAIL& ANTICIPATORY BAIL.
 

Learning Outcome: This unit gives the students an understanding of how the provisions relating to bail work.

Mandatory Bail; Bail in cases of non-bailable offenses, Powers of High Court & Sessions Court in granting bail; Anticipatory Bail; Cancelation of Bail; Provisions regarding bond of accused and sureties. (S.436-439, Cr. PC).

Unit-4
Teaching Hours:8
BAIL& ANTICIPATORY BAIL.
 

Learning Outcome: This unit gives the students an understanding of how the provisions relating to bail work.

Mandatory Bail; Bail in cases of non-bailable offenses, Powers of High Court & Sessions Court in granting bail; Anticipatory Bail; Cancelation of Bail; Provisions regarding bond of accused and sureties. (S.436-439, Cr. PC).

Unit-4
Teaching Hours:8
BAIL& ANTICIPATORY BAIL.
 

Learning Outcome: This unit gives the students an understanding of how the provisions relating to bail work.

Mandatory Bail; Bail in cases of non-bailable offenses, Powers of High Court & Sessions Court in granting bail; Anticipatory Bail; Cancelation of Bail; Provisions regarding bond of accused and sureties. (S.436-439, Cr. PC).

Unit-5
Teaching Hours:10
COGNIZANCE, CHARGE, TRIAL& PLEA BARGAINING.
 

Learning Outcome: in this Unit the students learn how the charge is made and how the trial is conducted. 

Meaning and Object of Cognizance, Cognizance of offences by Magistrates and Court of Session, Making over of cases to Magistrates, Meaning, Form and Content of Charge; Alteration of Charge, Basic rules regarding charge and trial; Trial of Warrant Cases: (a) before a Sessions Court, (b) before a Magistrate; Trial of Summons Cases, Summary Trials, Plea Bargaining. (S. 190-199, S.211-224, S.225-265, S.265A- 265L, Cr. PC.)

Unit-5
Teaching Hours:10
COGNIZANCE, CHARGE, TRIAL& PLEA BARGAINING.
 

Learning Outcome: in this Unit the students learn how the charge is made and how the trial is conducted. 

Meaning and Object of Cognizance, Cognizance of offences by Magistrates and Court of Session, Making over of cases to Magistrates, Meaning, Form and Content of Charge; Alteration of Charge, Basic rules regarding charge and trial; Trial of Warrant Cases: (a) before a Sessions Court, (b) before a Magistrate; Trial of Summons Cases, Summary Trials, Plea Bargaining. (S. 190-199, S.211-224, S.225-265, S.265A- 265L, Cr. PC.)

Unit-5
Teaching Hours:10
COGNIZANCE, CHARGE, TRIAL& PLEA BARGAINING.
 

Learning Outcome: in this Unit the students learn how the charge is made and how the trial is conducted. 

Meaning and Object of Cognizance, Cognizance of offences by Magistrates and Court of Session, Making over of cases to Magistrates, Meaning, Form and Content of Charge; Alteration of Charge, Basic rules regarding charge and trial; Trial of Warrant Cases: (a) before a Sessions Court, (b) before a Magistrate; Trial of Summons Cases, Summary Trials, Plea Bargaining. (S. 190-199, S.211-224, S.225-265, S.265A- 265L, Cr. PC.)

Unit-5
Teaching Hours:10
COGNIZANCE, CHARGE, TRIAL& PLEA BARGAINING.
 

Learning Outcome: in this Unit the students learn how the charge is made and how the trial is conducted. 

Meaning and Object of Cognizance, Cognizance of offences by Magistrates and Court of Session, Making over of cases to Magistrates, Meaning, Form and Content of Charge; Alteration of Charge, Basic rules regarding charge and trial; Trial of Warrant Cases: (a) before a Sessions Court, (b) before a Magistrate; Trial of Summons Cases, Summary Trials, Plea Bargaining. (S. 190-199, S.211-224, S.225-265, S.265A- 265L, Cr. PC.)

Unit-5
Teaching Hours:10
COGNIZANCE, CHARGE, TRIAL& PLEA BARGAINING.
 

Learning Outcome: in this Unit the students learn how the charge is made and how the trial is conducted. 

Meaning and Object of Cognizance, Cognizance of offences by Magistrates and Court of Session, Making over of cases to Magistrates, Meaning, Form and Content of Charge; Alteration of Charge, Basic rules regarding charge and trial; Trial of Warrant Cases: (a) before a Sessions Court, (b) before a Magistrate; Trial of Summons Cases, Summary Trials, Plea Bargaining. (S. 190-199, S.211-224, S.225-265, S.265A- 265L, Cr. PC.)

Unit-5
Teaching Hours:10
COGNIZANCE, CHARGE, TRIAL& PLEA BARGAINING.
 

Learning Outcome: in this Unit the students learn how the charge is made and how the trial is conducted. 

Meaning and Object of Cognizance, Cognizance of offences by Magistrates and Court of Session, Making over of cases to Magistrates, Meaning, Form and Content of Charge; Alteration of Charge, Basic rules regarding charge and trial; Trial of Warrant Cases: (a) before a Sessions Court, (b) before a Magistrate; Trial of Summons Cases, Summary Trials, Plea Bargaining. (S. 190-199, S.211-224, S.225-265, S.265A- 265L, Cr. PC.)

Unit-6
Teaching Hours:6
JUDGMENT & APPEAL
 

Learning Outcome: In this Unit the students are given a picture of the process on how a judgment is pronounced and how an appeal is preferred.

Form and Contents; Post Conviction Orders; Compensation & Costs; Pronouncement of Judgment. Appeal from convictions, Appeals to superior courts, Procedure for dealing with an Appeal and powers of appellate courts.(S.353-363, S.372-394, Cr. PC) 

Unit-6
Teaching Hours:6
JUDGMENT & APPEAL
 

Learning Outcome: In this Unit the students are given a picture of the process on how a judgment is pronounced and how an appeal is preferred.

Form and Contents; Post Conviction Orders; Compensation & Costs; Pronouncement of Judgment. Appeal from convictions, Appeals to superior courts, Procedure for dealing with an Appeal and powers of appellate courts.(S.353-363, S.372-394, Cr. PC) 

Unit-6
Teaching Hours:6
JUDGMENT & APPEAL
 

Learning Outcome: In this Unit the students are given a picture of the process on how a judgment is pronounced and how an appeal is preferred.

Form and Contents; Post Conviction Orders; Compensation & Costs; Pronouncement of Judgment. Appeal from convictions, Appeals to superior courts, Procedure for dealing with an Appeal and powers of appellate courts.(S.353-363, S.372-394, Cr. PC) 

Unit-6
Teaching Hours:6
JUDGMENT & APPEAL
 

Learning Outcome: In this Unit the students are given a picture of the process on how a judgment is pronounced and how an appeal is preferred.

Form and Contents; Post Conviction Orders; Compensation & Costs; Pronouncement of Judgment. Appeal from convictions, Appeals to superior courts, Procedure for dealing with an Appeal and powers of appellate courts.(S.353-363, S.372-394, Cr. PC) 

Unit-6
Teaching Hours:6
JUDGMENT & APPEAL
 

Learning Outcome: In this Unit the students are given a picture of the process on how a judgment is pronounced and how an appeal is preferred.

Form and Contents; Post Conviction Orders; Compensation & Costs; Pronouncement of Judgment. Appeal from convictions, Appeals to superior courts, Procedure for dealing with an Appeal and powers of appellate courts.(S.353-363, S.372-394, Cr. PC) 

Unit-6
Teaching Hours:6
JUDGMENT & APPEAL
 

Learning Outcome: In this Unit the students are given a picture of the process on how a judgment is pronounced and how an appeal is preferred.

Form and Contents; Post Conviction Orders; Compensation & Costs; Pronouncement of Judgment. Appeal from convictions, Appeals to superior courts, Procedure for dealing with an Appeal and powers of appellate courts.(S.353-363, S.372-394, Cr. PC) 

Unit-7
Teaching Hours:6
REFERENCE, REVISION & TRANSFER.
 

Learning Outcome: This unit tells the students how the process of reference, revision and transfer protect the life and liberty of the accused.

Reference to High Court, Revision: Powers of the Sessions Court and High Court for Revision, Powers of the Supreme Court/ High Court and Sessions Court to transfer Cases and Appeals. Inherent Powers of High Court.(S.395-412, S. 482. Cr. PC.)

Unit-7
Teaching Hours:6
REFERENCE, REVISION & TRANSFER.
 

Learning Outcome: This unit tells the students how the process of reference, revision and transfer protect the life and liberty of the accused.

Reference to High Court, Revision: Powers of the Sessions Court and High Court for Revision, Powers of the Supreme Court/ High Court and Sessions Court to transfer Cases and Appeals. Inherent Powers of High Court.(S.395-412, S. 482. Cr. PC.)

Unit-7
Teaching Hours:6
REFERENCE, REVISION & TRANSFER.
 

Learning Outcome: This unit tells the students how the process of reference, revision and transfer protect the life and liberty of the accused.

Reference to High Court, Revision: Powers of the Sessions Court and High Court for Revision, Powers of the Supreme Court/ High Court and Sessions Court to transfer Cases and Appeals. Inherent Powers of High Court.(S.395-412, S. 482. Cr. PC.)

Unit-7
Teaching Hours:6
REFERENCE, REVISION & TRANSFER.
 

Learning Outcome: This unit tells the students how the process of reference, revision and transfer protect the life and liberty of the accused.

Reference to High Court, Revision: Powers of the Sessions Court and High Court for Revision, Powers of the Supreme Court/ High Court and Sessions Court to transfer Cases and Appeals. Inherent Powers of High Court.(S.395-412, S. 482. Cr. PC.)

Unit-7
Teaching Hours:6
REFERENCE, REVISION & TRANSFER.
 

Learning Outcome: This unit tells the students how the process of reference, revision and transfer protect the life and liberty of the accused.

Reference to High Court, Revision: Powers of the Sessions Court and High Court for Revision, Powers of the Supreme Court/ High Court and Sessions Court to transfer Cases and Appeals. Inherent Powers of High Court.(S.395-412, S. 482. Cr. PC.)

Unit-7
Teaching Hours:6
REFERENCE, REVISION & TRANSFER.
 

Learning Outcome: This unit tells the students how the process of reference, revision and transfer protect the life and liberty of the accused.

Reference to High Court, Revision: Powers of the Sessions Court and High Court for Revision, Powers of the Supreme Court/ High Court and Sessions Court to transfer Cases and Appeals. Inherent Powers of High Court.(S.395-412, S. 482. Cr. PC.)

Unit-8
Teaching Hours:4
EXECUTION, SUSPENSION, REMISSION & COMMUTATION OF SENTENCES
 

Learning Outcome: In this Unit the students are taught the process of execution of a sentence, suspension, remission & commutation of sentence etc once the trial court hands out a judgment.  

Death Sentence, Imprisonment, Levy of Fine, Suspension, Remission & Commutation of sentences.( S.413-424 Cr. PC.)

Unit-8
Teaching Hours:4
EXECUTION, SUSPENSION, REMISSION & COMMUTATION OF SENTENCES
 

Learning Outcome: In this Unit the students are taught the process of execution of a sentence, suspension, remission & commutation of sentence etc once the trial court hands out a judgment.  

Death Sentence, Imprisonment, Levy of Fine, Suspension, Remission & Commutation of sentences.( S.413-424 Cr. PC.)

Unit-8
Teaching Hours:4
EXECUTION, SUSPENSION, REMISSION & COMMUTATION OF SENTENCES
 

Learning Outcome: In this Unit the students are taught the process of execution of a sentence, suspension, remission & commutation of sentence etc once the trial court hands out a judgment.  

Death Sentence, Imprisonment, Levy of Fine, Suspension, Remission & Commutation of sentences.( S.413-424 Cr. PC.)

Unit-8
Teaching Hours:4
EXECUTION, SUSPENSION, REMISSION & COMMUTATION OF SENTENCES
 

Learning Outcome: In this Unit the students are taught the process of execution of a sentence, suspension, remission & commutation of sentence etc once the trial court hands out a judgment.  

Death Sentence, Imprisonment, Levy of Fine, Suspension, Remission & Commutation of sentences.( S.413-424 Cr. PC.)

Unit-8
Teaching Hours:4
EXECUTION, SUSPENSION, REMISSION & COMMUTATION OF SENTENCES
 

Learning Outcome: In this Unit the students are taught the process of execution of a sentence, suspension, remission & commutation of sentence etc once the trial court hands out a judgment.  

Death Sentence, Imprisonment, Levy of Fine, Suspension, Remission & Commutation of sentences.( S.413-424 Cr. PC.)

Unit-8
Teaching Hours:4
EXECUTION, SUSPENSION, REMISSION & COMMUTATION OF SENTENCES
 

Learning Outcome: In this Unit the students are taught the process of execution of a sentence, suspension, remission & commutation of sentence etc once the trial court hands out a judgment.  

Death Sentence, Imprisonment, Levy of Fine, Suspension, Remission & Commutation of sentences.( S.413-424 Cr. PC.)

Unit-9
Teaching Hours:8
MISCELLANEOUS, MAINTENANCE OF WIVES, CHILDREN & PARENTS, PREVENTIVE MEASURES & SECURITY PROCEEDINGS
 

Learning Outcome: Under thus Unit students are made aware of the ways by which law prevents starvation and vagrancy etc leading to commission of crimes. Students are taught under this unit how apart from having provisions leading to criminal trial, how the Code has also made provisions for the prevention of crimes.

Persons entitled to claim maintenance, Essential conditions for granting maintenance, Jurisdiction of Magistrates, Enforcement of the Order of Maintenance, Alteration of Allowance (S. 125-128. Cr.PC).                         

Preventive action of the Police: Security for keeping peace, for good behaviour, Action under S.107-110. Dispersal of Unlawful Assemblies, Removal of public nuisance, Urgent Cases of apprehended danger or nuisance.(S. 107-110, 129-153, Cr. PC.)

Unit-9
Teaching Hours:8
MISCELLANEOUS, MAINTENANCE OF WIVES, CHILDREN & PARENTS, PREVENTIVE MEASURES & SECURITY PROCEEDINGS
 

Learning Outcome: Under thus Unit students are made aware of the ways by which law prevents starvation and vagrancy etc leading to commission of crimes. Students are taught under this unit how apart from having provisions leading to criminal trial, how the Code has also made provisions for the prevention of crimes.

Persons entitled to claim maintenance, Essential conditions for granting maintenance, Jurisdiction of Magistrates, Enforcement of the Order of Maintenance, Alteration of Allowance (S. 125-128. Cr.PC).                         

Preventive action of the Police: Security for keeping peace, for good behaviour, Action under S.107-110. Dispersal of Unlawful Assemblies, Removal of public nuisance, Urgent Cases of apprehended danger or nuisance.(S. 107-110, 129-153, Cr. PC.)

Unit-9
Teaching Hours:8
MISCELLANEOUS, MAINTENANCE OF WIVES, CHILDREN & PARENTS, PREVENTIVE MEASURES & SECURITY PROCEEDINGS
 

Learning Outcome: Under thus Unit students are made aware of the ways by which law prevents starvation and vagrancy etc leading to commission of crimes. Students are taught under this unit how apart from having provisions leading to criminal trial, how the Code has also made provisions for the prevention of crimes.

Persons entitled to claim maintenance, Essential conditions for granting maintenance, Jurisdiction of Magistrates, Enforcement of the Order of Maintenance, Alteration of Allowance (S. 125-128. Cr.PC).                         

Preventive action of the Police: Security for keeping peace, for good behaviour, Action under S.107-110. Dispersal of Unlawful Assemblies, Removal of public nuisance, Urgent Cases of apprehended danger or nuisance.(S. 107-110, 129-153, Cr. PC.)

Unit-9
Teaching Hours:8
MISCELLANEOUS, MAINTENANCE OF WIVES, CHILDREN & PARENTS, PREVENTIVE MEASURES & SECURITY PROCEEDINGS
 

Learning Outcome: Under thus Unit students are made aware of the ways by which law prevents starvation and vagrancy etc leading to commission of crimes. Students are taught under this unit how apart from having provisions leading to criminal trial, how the Code has also made provisions for the prevention of crimes.

Persons entitled to claim maintenance, Essential conditions for granting maintenance, Jurisdiction of Magistrates, Enforcement of the Order of Maintenance, Alteration of Allowance (S. 125-128. Cr.PC).                         

Preventive action of the Police: Security for keeping peace, for good behaviour, Action under S.107-110. Dispersal of Unlawful Assemblies, Removal of public nuisance, Urgent Cases of apprehended danger or nuisance.(S. 107-110, 129-153, Cr. PC.)

Unit-9
Teaching Hours:8
MISCELLANEOUS, MAINTENANCE OF WIVES, CHILDREN & PARENTS, PREVENTIVE MEASURES & SECURITY PROCEEDINGS
 

Learning Outcome: Under thus Unit students are made aware of the ways by which law prevents starvation and vagrancy etc leading to commission of crimes. Students are taught under this unit how apart from having provisions leading to criminal trial, how the Code has also made provisions for the prevention of crimes.

Persons entitled to claim maintenance, Essential conditions for granting maintenance, Jurisdiction of Magistrates, Enforcement of the Order of Maintenance, Alteration of Allowance (S. 125-128. Cr.PC).                         

Preventive action of the Police: Security for keeping peace, for good behaviour, Action under S.107-110. Dispersal of Unlawful Assemblies, Removal of public nuisance, Urgent Cases of apprehended danger or nuisance.(S. 107-110, 129-153, Cr. PC.)

Unit-9
Teaching Hours:8
MISCELLANEOUS, MAINTENANCE OF WIVES, CHILDREN & PARENTS, PREVENTIVE MEASURES & SECURITY PROCEEDINGS
 

Learning Outcome: Under thus Unit students are made aware of the ways by which law prevents starvation and vagrancy etc leading to commission of crimes. Students are taught under this unit how apart from having provisions leading to criminal trial, how the Code has also made provisions for the prevention of crimes.

Persons entitled to claim maintenance, Essential conditions for granting maintenance, Jurisdiction of Magistrates, Enforcement of the Order of Maintenance, Alteration of Allowance (S. 125-128. Cr.PC).                         

Preventive action of the Police: Security for keeping peace, for good behaviour, Action under S.107-110. Dispersal of Unlawful Assemblies, Removal of public nuisance, Urgent Cases of apprehended danger or nuisance.(S. 107-110, 129-153, Cr. PC.)

Text Books And Reference Books:

The Code of Criminal Procedure, 1973.

Takwani Criminal procedure, Lexis Nexis, 4th Edition 2015.

KNC Pillai (Fifth Ed.):RV Kelkar’s Lectures on Criminal Procedure, Eastern Book Company, Lucknow, 2013

The Juvenile Justice (Care and Protection) Act, 2015

 

 

Essential Reading / Recommended Reading

1.     SN Mishra: The Code of Criminal Procedure, 1973; Central Law Publications, Allahabad. (2013).

  1. Mitra, B. B. Criminal Procedure Code. Kolkata: Kamal Law House, 2005.
Evaluation Pattern

·      CIA I – Class Test / Assignment / Presentation            – 10%

·      CIA II – Mid Semester Examination                                 – 25%

·      CIA III – Research Topic                                                     – 10%

·      Attendance                                                                            – 05%

·      End Semester Examination                                                – 50%

                                                                                                TOTAL 100%

LAW854 - CIVIL PROCEDURE CODE AND LIMITATION ACT (2021 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

This course introduces you to the procedural rules that govern how civil litigation is conducted in the courts. The course contains an overview of the entire body of rules of civil procedure ranging from commencement of proceedings, to defining issues for trial, to enforcement of judgments. There is particular emphasis upon jurisdiction of various Indian Courts and stages of civil cases in Indian Courts.

Unit 1 is designed to make the students conversant with the basic terminology and introduction Unit 2 is to acquaint students with the jurisdiction of civil courts. Unit 3 is to introduce students to the rules of pleadings in civil matters. Unit 4 is designed to equip students with the knowledge of different stages in a civil proceeding and the procedure at each of these stages. Unit 5 is to introduce students to the execution proceedings. Unit 6 acquaints students with special suits. Unit 7 is appeals, revision, review and reference. Unit 8 introduces students to the miscellaneous matters such as transfer of cases, caveat, inherent powers of the courts, etc. Unit 9 is to equip students with the knowledge of the important provisions of Limitation Act.

Course Objectives:

The objectives of this course are:

1.     to make the students conversant with the basic terminologies used in civil procedure

2.     to provide an understanding of the jurisdiction of various civil courts

3.     to introduce students to the rules of pleadings in civil matters

4.     to equip students with the knowledge of different stages in a civil proceeding and the procedure at each of these stages

5.     to give a basic understanding of the execution proceedings of decrees

6.     to acquaint students with remedies available to a party aggrieved by the order of a court through appeals & revision

7.     to provide an understanding of special suits & their procedures

8.   to equip students with the knowledge of the important provisions of Limitation Act

Learning Outcome

CO1: Explain the different procedural stages in civil cases as per provisions of CPC 1908, such as jurisdiction, pleadings, interlocutory remedies, document-related procedures, judgment & decree, appeals, revision, execution of decree etc.

CO2: Apply the provisions of CPC or Limitation Act to case-based or hypothetical problems and find remedies.

CO3: Analyze important judgments on provisions of CPC or Limitation Act

CO4: Describe the provisions of CPC related to special types of civil cases such as government suits, indigent suits, suits by minors, suits by/against corporations, partnership firms etc

CO5: Explain the principles such as condonation of delay, disability, easement by prescription, adverse possession etc., as per provisions of Limitation Act

CO6: Exhibit drafting skills by drafting civil pleadings such as plaint/written statement/Interlocutory applications, as per CPC & Limitation Act provisions

UNIT 1
Teaching Hours:3
INTRODUCTION
 

Concepts, affidavit, order, judgement, decree, plaint, restitution, execution, decree-holder, judgement-debtor, mesne profits, written statement, Distinction between decree and judgement and between decree and order.

UNIT 1
Teaching Hours:3
INTRODUCTION
 

Concepts, affidavit, order, judgement, decree, plaint, restitution, execution, decree-holder, judgement-debtor, mesne profits, written statement, Distinction between decree and judgement and between decree and order.

UNIT 1
Teaching Hours:3
INTRODUCTION
 

Concepts, affidavit, order, judgement, decree, plaint, restitution, execution, decree-holder, judgement-debtor, mesne profits, written statement, Distinction between decree and judgement and between decree and order.

UNIT 1
Teaching Hours:3
INTRODUCTION
 

Concepts, affidavit, order, judgement, decree, plaint, restitution, execution, decree-holder, judgement-debtor, mesne profits, written statement, Distinction between decree and judgement and between decree and order.

UNIT 1
Teaching Hours:3
INTRODUCTION
 

Concepts, affidavit, order, judgement, decree, plaint, restitution, execution, decree-holder, judgement-debtor, mesne profits, written statement, Distinction between decree and judgement and between decree and order.

UNIT 1
Teaching Hours:3
INTRODUCTION
 

Concepts, affidavit, order, judgement, decree, plaint, restitution, execution, decree-holder, judgement-debtor, mesne profits, written statement, Distinction between decree and judgement and between decree and order.

UNIT 2
Teaching Hours:7
JURISDICTION
 

Kinds, Hierarchy of courts, Suit of civil nature, scope and limits, Res subjudice and Res judicata, Foreign judgement, enforcement, Place of suing, Institution of suit, Parties to suit: joinder, mis-joinder or non-joinder of parties : representative suit, Frame of suit: cause of action, Alternative disputes resolution (ADR), Summons

UNIT 2
Teaching Hours:7
JURISDICTION
 

Kinds, Hierarchy of courts, Suit of civil nature, scope and limits, Res subjudice and Res judicata, Foreign judgement, enforcement, Place of suing, Institution of suit, Parties to suit: joinder, mis-joinder or non-joinder of parties : representative suit, Frame of suit: cause of action, Alternative disputes resolution (ADR), Summons

UNIT 2
Teaching Hours:7
JURISDICTION
 

Kinds, Hierarchy of courts, Suit of civil nature, scope and limits, Res subjudice and Res judicata, Foreign judgement, enforcement, Place of suing, Institution of suit, Parties to suit: joinder, mis-joinder or non-joinder of parties : representative suit, Frame of suit: cause of action, Alternative disputes resolution (ADR), Summons

UNIT 2
Teaching Hours:7
JURISDICTION
 

Kinds, Hierarchy of courts, Suit of civil nature, scope and limits, Res subjudice and Res judicata, Foreign judgement, enforcement, Place of suing, Institution of suit, Parties to suit: joinder, mis-joinder or non-joinder of parties : representative suit, Frame of suit: cause of action, Alternative disputes resolution (ADR), Summons

UNIT 2
Teaching Hours:7
JURISDICTION
 

Kinds, Hierarchy of courts, Suit of civil nature, scope and limits, Res subjudice and Res judicata, Foreign judgement, enforcement, Place of suing, Institution of suit, Parties to suit: joinder, mis-joinder or non-joinder of parties : representative suit, Frame of suit: cause of action, Alternative disputes resolution (ADR), Summons

UNIT 2
Teaching Hours:7
JURISDICTION
 

Kinds, Hierarchy of courts, Suit of civil nature, scope and limits, Res subjudice and Res judicata, Foreign judgement, enforcement, Place of suing, Institution of suit, Parties to suit: joinder, mis-joinder or non-joinder of parties : representative suit, Frame of suit: cause of action, Alternative disputes resolution (ADR), Summons

UNIT 3
Teaching Hours:7
PLEADINGS
 

Rules of pleading, signing and verification, Alternative pleadings, Construction of pleadings, Plaint: particulars, Admission, return and rejection. Written statement: particulars, rules of evidence, Set off and counter claim: distinction, Discovery, inspection and production of documents, Interrogatories, Privileged documents, Affidavits

UNIT 3
Teaching Hours:7
PLEADINGS
 

Rules of pleading, signing and verification, Alternative pleadings, Construction of pleadings, Plaint: particulars, Admission, return and rejection. Written statement: particulars, rules of evidence, Set off and counter claim: distinction, Discovery, inspection and production of documents, Interrogatories, Privileged documents, Affidavits

UNIT 3
Teaching Hours:7
PLEADINGS
 

Rules of pleading, signing and verification, Alternative pleadings, Construction of pleadings, Plaint: particulars, Admission, return and rejection. Written statement: particulars, rules of evidence, Set off and counter claim: distinction, Discovery, inspection and production of documents, Interrogatories, Privileged documents, Affidavits

UNIT 3
Teaching Hours:7
PLEADINGS
 

Rules of pleading, signing and verification, Alternative pleadings, Construction of pleadings, Plaint: particulars, Admission, return and rejection. Written statement: particulars, rules of evidence, Set off and counter claim: distinction, Discovery, inspection and production of documents, Interrogatories, Privileged documents, Affidavits

UNIT 3
Teaching Hours:7
PLEADINGS
 

Rules of pleading, signing and verification, Alternative pleadings, Construction of pleadings, Plaint: particulars, Admission, return and rejection. Written statement: particulars, rules of evidence, Set off and counter claim: distinction, Discovery, inspection and production of documents, Interrogatories, Privileged documents, Affidavits

UNIT 3
Teaching Hours:7
PLEADINGS
 

Rules of pleading, signing and verification, Alternative pleadings, Construction of pleadings, Plaint: particulars, Admission, return and rejection. Written statement: particulars, rules of evidence, Set off and counter claim: distinction, Discovery, inspection and production of documents, Interrogatories, Privileged documents, Affidavits

UNIT 4
Teaching Hours:5
APPEARANCE, EXAMINATION AND TRIAL
 

Appearance, Ex-parte procedure, Summary and attendance of witnesses, Trial, Adjournments, Interim orders: commission, arrest or attachment before judgement, injunction and appointment of receiver, Interests and costs

UNIT 4
Teaching Hours:5
APPEARANCE, EXAMINATION AND TRIAL
 

Appearance, Ex-parte procedure, Summary and attendance of witnesses, Trial, Adjournments, Interim orders: commission, arrest or attachment before judgement, injunction and appointment of receiver, Interests and costs

UNIT 4
Teaching Hours:5
APPEARANCE, EXAMINATION AND TRIAL
 

Appearance, Ex-parte procedure, Summary and attendance of witnesses, Trial, Adjournments, Interim orders: commission, arrest or attachment before judgement, injunction and appointment of receiver, Interests and costs

UNIT 4
Teaching Hours:5
APPEARANCE, EXAMINATION AND TRIAL
 

Appearance, Ex-parte procedure, Summary and attendance of witnesses, Trial, Adjournments, Interim orders: commission, arrest or attachment before judgement, injunction and appointment of receiver, Interests and costs

UNIT 4
Teaching Hours:5
APPEARANCE, EXAMINATION AND TRIAL
 

Appearance, Ex-parte procedure, Summary and attendance of witnesses, Trial, Adjournments, Interim orders: commission, arrest or attachment before judgement, injunction and appointment of receiver, Interests and costs

UNIT 4
Teaching Hours:5
APPEARANCE, EXAMINATION AND TRIAL
 

Appearance, Ex-parte procedure, Summary and attendance of witnesses, Trial, Adjournments, Interim orders: commission, arrest or attachment before judgement, injunction and appointment of receiver, Interests and costs

UNIT 5
Teaching Hours:8
EXECUTION
 

The concept, General principles, Power for execution of decrees, Procedure for execution, Enforcement, arrest and detection, Attachment, Sale, Delivery of property, Stay of execution

UNIT 5
Teaching Hours:8
EXECUTION
 

The concept, General principles, Power for execution of decrees, Procedure for execution, Enforcement, arrest and detection, Attachment, Sale, Delivery of property, Stay of execution

UNIT 5
Teaching Hours:8
EXECUTION
 

The concept, General principles, Power for execution of decrees, Procedure for execution, Enforcement, arrest and detection, Attachment, Sale, Delivery of property, Stay of execution

UNIT 5
Teaching Hours:8
EXECUTION
 

The concept, General principles, Power for execution of decrees, Procedure for execution, Enforcement, arrest and detection, Attachment, Sale, Delivery of property, Stay of execution

UNIT 5
Teaching Hours:8
EXECUTION
 

The concept, General principles, Power for execution of decrees, Procedure for execution, Enforcement, arrest and detection, Attachment, Sale, Delivery of property, Stay of execution

UNIT 5
Teaching Hours:8
EXECUTION
 

The concept, General principles, Power for execution of decrees, Procedure for execution, Enforcement, arrest and detection, Attachment, Sale, Delivery of property, Stay of execution

UNIT 6
Teaching Hours:7
SUITS IN PARTICULAR CASES
 

By or against government, By aliens and by or against foreign rulers or ambassadors, Public nuisance, Suits by or against firm, Suits in forma pauperis, Mortgages, Interpleader suits, Suits relating to public charities

UNIT 6
Teaching Hours:7
SUITS IN PARTICULAR CASES
 

By or against government, By aliens and by or against foreign rulers or ambassadors, Public nuisance, Suits by or against firm, Suits in forma pauperis, Mortgages, Interpleader suits, Suits relating to public charities

UNIT 6
Teaching Hours:7
SUITS IN PARTICULAR CASES
 

By or against government, By aliens and by or against foreign rulers or ambassadors, Public nuisance, Suits by or against firm, Suits in forma pauperis, Mortgages, Interpleader suits, Suits relating to public charities

UNIT 6
Teaching Hours:7
SUITS IN PARTICULAR CASES
 

By or against government, By aliens and by or against foreign rulers or ambassadors, Public nuisance, Suits by or against firm, Suits in forma pauperis, Mortgages, Interpleader suits, Suits relating to public charities

UNIT 6
Teaching Hours:7
SUITS IN PARTICULAR CASES
 

By or against government, By aliens and by or against foreign rulers or ambassadors, Public nuisance, Suits by or against firm, Suits in forma pauperis, Mortgages, Interpleader suits, Suits relating to public charities

UNIT 6
Teaching Hours:7
SUITS IN PARTICULAR CASES
 

By or against government, By aliens and by or against foreign rulers or ambassadors, Public nuisance, Suits by or against firm, Suits in forma pauperis, Mortgages, Interpleader suits, Suits relating to public charities

UNIT 7
Teaching Hours:8
APPEALS REVIEW, REFERENCE AND REVISION
 

Appeals from original decree. Appeals from appellate decree, Appeals from orders, General Provisions relating to appeal, Appeal to the Supreme Court

UNIT 7
Teaching Hours:8
APPEALS REVIEW, REFERENCE AND REVISION
 

Appeals from original decree. Appeals from appellate decree, Appeals from orders, General Provisions relating to appeal, Appeal to the Supreme Court

UNIT 7
Teaching Hours:8
APPEALS REVIEW, REFERENCE AND REVISION
 

Appeals from original decree. Appeals from appellate decree, Appeals from orders, General Provisions relating to appeal, Appeal to the Supreme Court

UNIT 7
Teaching Hours:8
APPEALS REVIEW, REFERENCE AND REVISION
 

Appeals from original decree. Appeals from appellate decree, Appeals from orders, General Provisions relating to appeal, Appeal to the Supreme Court

UNIT 7
Teaching Hours:8
APPEALS REVIEW, REFERENCE AND REVISION
 

Appeals from original decree. Appeals from appellate decree, Appeals from orders, General Provisions relating to appeal, Appeal to the Supreme Court

UNIT 7
Teaching Hours:8
APPEALS REVIEW, REFERENCE AND REVISION
 

Appeals from original decree. Appeals from appellate decree, Appeals from orders, General Provisions relating to appeal, Appeal to the Supreme Court

UNIT 8
Teaching Hours:5
MISCELLANEOUS
 

Transfer of Cases, Restitution, Caveat, Inherent powers of courts, Law Reform: Law Commission on Civil Procedure, Amendments

UNIT 8
Teaching Hours:5
MISCELLANEOUS
 

Transfer of Cases, Restitution, Caveat, Inherent powers of courts, Law Reform: Law Commission on Civil Procedure, Amendments

UNIT 8
Teaching Hours:5
MISCELLANEOUS
 

Transfer of Cases, Restitution, Caveat, Inherent powers of courts, Law Reform: Law Commission on Civil Procedure, Amendments

UNIT 8
Teaching Hours:5
MISCELLANEOUS
 

Transfer of Cases, Restitution, Caveat, Inherent powers of courts, Law Reform: Law Commission on Civil Procedure, Amendments

UNIT 8
Teaching Hours:5
MISCELLANEOUS
 

Transfer of Cases, Restitution, Caveat, Inherent powers of courts, Law Reform: Law Commission on Civil Procedure, Amendments

UNIT 8
Teaching Hours:5
MISCELLANEOUS
 

Transfer of Cases, Restitution, Caveat, Inherent powers of courts, Law Reform: Law Commission on Civil Procedure, Amendments

UNIT 9
Teaching Hours:10
LAW OF LIMITATION
 

Scope & objective of Limitation Act, Distinction with latches & estoppel, Condonation of delay, Extension and suspension of limitation, Postponement of commencement of limitation: legal disability, part-payment, acknowledgement, continuing tort, continuing breach of contract, Prescription - easementary right, Adverse possession

UNIT 9
Teaching Hours:10
LAW OF LIMITATION
 

Scope & objective of Limitation Act, Distinction with latches & estoppel, Condonation of delay, Extension and suspension of limitation, Postponement of commencement of limitation: legal disability, part-payment, acknowledgement, continuing tort, continuing breach of contract, Prescription - easementary right, Adverse possession

UNIT 9
Teaching Hours:10
LAW OF LIMITATION
 

Scope & objective of Limitation Act, Distinction with latches & estoppel, Condonation of delay, Extension and suspension of limitation, Postponement of commencement of limitation: legal disability, part-payment, acknowledgement, continuing tort, continuing breach of contract, Prescription - easementary right, Adverse possession

UNIT 9
Teaching Hours:10
LAW OF LIMITATION
 

Scope & objective of Limitation Act, Distinction with latches & estoppel, Condonation of delay, Extension and suspension of limitation, Postponement of commencement of limitation: legal disability, part-payment, acknowledgement, continuing tort, continuing breach of contract, Prescription - easementary right, Adverse possession

UNIT 9
Teaching Hours:10
LAW OF LIMITATION
 

Scope & objective of Limitation Act, Distinction with latches & estoppel, Condonation of delay, Extension and suspension of limitation, Postponement of commencement of limitation: legal disability, part-payment, acknowledgement, continuing tort, continuing breach of contract, Prescription - easementary right, Adverse possession

UNIT 9
Teaching Hours:10
LAW OF LIMITATION
 

Scope & objective of Limitation Act, Distinction with latches & estoppel, Condonation of delay, Extension and suspension of limitation, Postponement of commencement of limitation: legal disability, part-payment, acknowledgement, continuing tort, continuing breach of contract, Prescription - easementary right, Adverse possession

Text Books And Reference Books:

Mulla. Code of Civil Procedure. New Delhi: Universal Publishing Co., 20th edn., 2021

C.K. Takwani, Civil Procedure Limitation & Commercial Courts, Eastern Book Centre, 9th edn., 2021 (reprint 2023)

Mallick M. R. (Ed.). B. B. Mitra on Limitation Act. Lucknow: Eastern Book Co., 23rd edn., 2014 (reprint 2023)

Essential Reading / Recommended Reading

1. Thacker C.K. Code of Civil Procedure, New Delhi Publishing House, 2014

2. Saha A. N. The Code of Civil Procedure. New Delhi: Universal Publishing Co., 8th edn., 2023

3. Sudipto Sarkar & Sidharth Sethi, Sarkar Civil Courts Practice and Procedure Manual, LexisNexis, 14th edn., 2022

4. Karnataka Court-fees and Suit Valuation Act, 1958

5 Karnataka City Civil Courts Act 1964

6. Karnataka Civil Rules of Practice 1967

Evaluation Pattern

SCHEME OF VALUATION

·         CIA I – Class Test or MCQ / Case analysis Assignment    – 10%

·         CIA II – Mid Semester Examination                                  – 25%

·         CIA III – Drafting Assignment / Case Analysis             – 10%

·         Attendance                                                                            – 05%

·         End Semester Examination                                                – 50%

                                                                                                TOTAL 100%

LAW861 - LAW OF E-COMMERCE (2021 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

Unit 1 introduces students to the technology and legal regime of e-commerce. Unit 2 deals with the special contractual issues of e-commerce. Unit 3 is in respect of consumer related issues of e-commerce. Unit 4 deals with online payment and the risks involved therewith. Unit 5 deals with digital signatures and secured electronic documents. Unit 6 in designed to make the students aware of the intellectual property in digital media. Unit 7 deals with the taxation related issues of e-commerce, while Unit 8 deals with jurisdictional problems related to e-commerce

 This subject aims at

1. Discussing the technology related issues in the application of traditional principles of law

2. Equip students with skills required to work as legal advisors in commercial sectors where information technology is used

3. Familiarize students with method of identifying and analysing technology instigated legal issues in contracts, IPR, Jurisdiction, consumer affairs, taxation and payment methods

Learning Outcome

CO1: Explain the concepts relating to formation of e-contracts

CO2: Evaluate and critically assess the impact of the traditional principles of law on e-commerce transactions by individuals and businesses

CO3: Critical review the law of e-commerce and its development and international harmonization with the evolving models of e-commerce

CO4: Identify loopholes in the legal framework governing E-Commerce.

UNIT 1
Teaching Hours:8
INTRODUCTION TO E- COMMERCE
 

 

Concept of e- commerce and differences with e- business

 

Advantages and disadvantages of e- commerce

 

Types of e- commerce

 

Medium and Transactions in e- commerce

 

UNCITRAL Model Law on e-commerce,

 

Information Technology Act, 2000

 

UNIT 1
Teaching Hours:8
INTRODUCTION TO E- COMMERCE
 

 

Concept of e- commerce and differences with e- business

 

Advantages and disadvantages of e- commerce

 

Types of e- commerce

 

Medium and Transactions in e- commerce

 

UNCITRAL Model Law on e-commerce,

 

Information Technology Act, 2000

 

UNIT 1
Teaching Hours:8
INTRODUCTION TO E- COMMERCE
 

 

Concept of e- commerce and differences with e- business

 

Advantages and disadvantages of e- commerce

 

Types of e- commerce

 

Medium and Transactions in e- commerce

 

UNCITRAL Model Law on e-commerce,

 

Information Technology Act, 2000

 

UNIT 1
Teaching Hours:8
INTRODUCTION TO E- COMMERCE
 

 

Concept of e- commerce and differences with e- business

 

Advantages and disadvantages of e- commerce

 

Types of e- commerce

 

Medium and Transactions in e- commerce

 

UNCITRAL Model Law on e-commerce,

 

Information Technology Act, 2000

 

UNIT 1
Teaching Hours:8
INTRODUCTION TO E- COMMERCE
 

 

Concept of e- commerce and differences with e- business

 

Advantages and disadvantages of e- commerce

 

Types of e- commerce

 

Medium and Transactions in e- commerce

 

UNCITRAL Model Law on e-commerce,

 

Information Technology Act, 2000

 

UNIT 1
Teaching Hours:8
INTRODUCTION TO E- COMMERCE
 

 

Concept of e- commerce and differences with e- business

 

Advantages and disadvantages of e- commerce

 

Types of e- commerce

 

Medium and Transactions in e- commerce

 

UNCITRAL Model Law on e-commerce,

 

Information Technology Act, 2000

 

UNIT 2
Teaching Hours:8
CONTRACTS IN ELECTRONIC ENVIRONMENT
 

 

Acceptance of contract: applicability of postal rule

 

E-commerce directives and Regulations

 

Incorporation of terms

 

Identity of contracting parties

 

E-contracts: extent of details

 

Breach of contract

 

UNIT 2
Teaching Hours:8
CONTRACTS IN ELECTRONIC ENVIRONMENT
 

 

Acceptance of contract: applicability of postal rule

 

E-commerce directives and Regulations

 

Incorporation of terms

 

Identity of contracting parties

 

E-contracts: extent of details

 

Breach of contract

 

UNIT 2
Teaching Hours:8
CONTRACTS IN ELECTRONIC ENVIRONMENT
 

 

Acceptance of contract: applicability of postal rule

 

E-commerce directives and Regulations

 

Incorporation of terms

 

Identity of contracting parties

 

E-contracts: extent of details

 

Breach of contract

 

UNIT 2
Teaching Hours:8
CONTRACTS IN ELECTRONIC ENVIRONMENT
 

 

Acceptance of contract: applicability of postal rule

 

E-commerce directives and Regulations

 

Incorporation of terms

 

Identity of contracting parties

 

E-contracts: extent of details

 

Breach of contract

 

UNIT 2
Teaching Hours:8
CONTRACTS IN ELECTRONIC ENVIRONMENT
 

 

Acceptance of contract: applicability of postal rule

 

E-commerce directives and Regulations

 

Incorporation of terms

 

Identity of contracting parties

 

E-contracts: extent of details

 

Breach of contract

 

UNIT 2
Teaching Hours:8
CONTRACTS IN ELECTRONIC ENVIRONMENT
 

 

Acceptance of contract: applicability of postal rule

 

E-commerce directives and Regulations

 

Incorporation of terms

 

Identity of contracting parties

 

E-contracts: extent of details

 

Breach of contract

 

UNIT 3
Teaching Hours:6
ELECTRONIC SIGNATURE
 

Provisions under IT Act

Certifying authorities

Issuing authorities

PKI

Electronic Signature Certificate

Grant, Revocation and withdrawal of ESC

UNIT 3
Teaching Hours:6
ELECTRONIC SIGNATURE
 

Provisions under IT Act

Certifying authorities

Issuing authorities

PKI

Electronic Signature Certificate

Grant, Revocation and withdrawal of ESC

UNIT 3
Teaching Hours:6
ELECTRONIC SIGNATURE
 

Provisions under IT Act

Certifying authorities

Issuing authorities

PKI

Electronic Signature Certificate

Grant, Revocation and withdrawal of ESC

UNIT 3
Teaching Hours:6
ELECTRONIC SIGNATURE
 

Provisions under IT Act

Certifying authorities

Issuing authorities

PKI

Electronic Signature Certificate

Grant, Revocation and withdrawal of ESC

UNIT 3
Teaching Hours:6
ELECTRONIC SIGNATURE
 

Provisions under IT Act

Certifying authorities

Issuing authorities

PKI

Electronic Signature Certificate

Grant, Revocation and withdrawal of ESC

UNIT 3
Teaching Hours:6
ELECTRONIC SIGNATURE
 

Provisions under IT Act

Certifying authorities

Issuing authorities

PKI

Electronic Signature Certificate

Grant, Revocation and withdrawal of ESC

UNIT 4
Teaching Hours:6
PAYMENT ISSUES
 

 

Fraud Risk and Protection

 

Breach of contract

 

Charge back agreements

 

EDI

 

Electronic fund transfer

 

UNIT 4
Teaching Hours:6
PAYMENT ISSUES
 

 

Fraud Risk and Protection

 

Breach of contract

 

Charge back agreements

 

EDI

 

Electronic fund transfer

 

UNIT 4
Teaching Hours:6
PAYMENT ISSUES
 

 

Fraud Risk and Protection

 

Breach of contract

 

Charge back agreements

 

EDI

 

Electronic fund transfer

 

UNIT 4
Teaching Hours:6
PAYMENT ISSUES
 

 

Fraud Risk and Protection

 

Breach of contract

 

Charge back agreements

 

EDI

 

Electronic fund transfer

 

UNIT 4
Teaching Hours:6
PAYMENT ISSUES
 

 

Fraud Risk and Protection

 

Breach of contract

 

Charge back agreements

 

EDI

 

Electronic fund transfer

 

UNIT 4
Teaching Hours:6
PAYMENT ISSUES
 

 

Fraud Risk and Protection

 

Breach of contract

 

Charge back agreements

 

EDI

 

Electronic fund transfer

 

UNIT 5
Teaching Hours:8
CONSUMER PROTECTION
 

Concept of the rights of consumer

Problems of protection of consumers in virtual world

Consumer Protection Act, 1986

EC Directive on distance selling

E-commerce Directives and consumer protection

UNIT 5
Teaching Hours:8
CONSUMER PROTECTION
 

Concept of the rights of consumer

Problems of protection of consumers in virtual world

Consumer Protection Act, 1986

EC Directive on distance selling

E-commerce Directives and consumer protection

UNIT 5
Teaching Hours:8
CONSUMER PROTECTION
 

Concept of the rights of consumer

Problems of protection of consumers in virtual world

Consumer Protection Act, 1986

EC Directive on distance selling

E-commerce Directives and consumer protection

UNIT 5
Teaching Hours:8
CONSUMER PROTECTION
 

Concept of the rights of consumer

Problems of protection of consumers in virtual world

Consumer Protection Act, 1986

EC Directive on distance selling

E-commerce Directives and consumer protection

UNIT 5
Teaching Hours:8
CONSUMER PROTECTION
 

Concept of the rights of consumer

Problems of protection of consumers in virtual world

Consumer Protection Act, 1986

EC Directive on distance selling

E-commerce Directives and consumer protection

UNIT 5
Teaching Hours:8
CONSUMER PROTECTION
 

Concept of the rights of consumer

Problems of protection of consumers in virtual world

Consumer Protection Act, 1986

EC Directive on distance selling

E-commerce Directives and consumer protection

UNIT 6
Teaching Hours:8
IPR ISSUES IN E- COMMERCE
 

Digital copyright, linking, caching

Digital rights management, DMCA, Patents, Trademarks and domain names

Brand identities, search engines and secondary market

ICANN,

Database Right – Digital Copyrights

Open Source

Software Patents

UNIT 6
Teaching Hours:8
IPR ISSUES IN E- COMMERCE
 

Digital copyright, linking, caching

Digital rights management, DMCA, Patents, Trademarks and domain names

Brand identities, search engines and secondary market

ICANN,

Database Right – Digital Copyrights

Open Source

Software Patents

UNIT 6
Teaching Hours:8
IPR ISSUES IN E- COMMERCE
 

Digital copyright, linking, caching

Digital rights management, DMCA, Patents, Trademarks and domain names

Brand identities, search engines and secondary market

ICANN,

Database Right – Digital Copyrights

Open Source

Software Patents

UNIT 6
Teaching Hours:8
IPR ISSUES IN E- COMMERCE
 

Digital copyright, linking, caching

Digital rights management, DMCA, Patents, Trademarks and domain names

Brand identities, search engines and secondary market

ICANN,

Database Right – Digital Copyrights

Open Source

Software Patents

UNIT 6
Teaching Hours:8
IPR ISSUES IN E- COMMERCE
 

Digital copyright, linking, caching

Digital rights management, DMCA, Patents, Trademarks and domain names

Brand identities, search engines and secondary market

ICANN,

Database Right – Digital Copyrights

Open Source

Software Patents

UNIT 6
Teaching Hours:8
IPR ISSUES IN E- COMMERCE
 

Digital copyright, linking, caching

Digital rights management, DMCA, Patents, Trademarks and domain names

Brand identities, search engines and secondary market

ICANN,

Database Right – Digital Copyrights

Open Source

Software Patents

UNIT 7
Teaching Hours:8
TAXATION IN E COMMERCE
 

Problem of taxation in virtual world

OECD guidelines on taxation

Tax structure on e- commerce in India (Direct, Indirect, and VAT)

EU, US practice on taxation on electronic commerce

UNIT 7
Teaching Hours:8
TAXATION IN E COMMERCE
 

Problem of taxation in virtual world

OECD guidelines on taxation

Tax structure on e- commerce in India (Direct, Indirect, and VAT)

EU, US practice on taxation on electronic commerce

UNIT 7
Teaching Hours:8
TAXATION IN E COMMERCE
 

Problem of taxation in virtual world

OECD guidelines on taxation

Tax structure on e- commerce in India (Direct, Indirect, and VAT)

EU, US practice on taxation on electronic commerce

UNIT 7
Teaching Hours:8
TAXATION IN E COMMERCE
 

Problem of taxation in virtual world

OECD guidelines on taxation

Tax structure on e- commerce in India (Direct, Indirect, and VAT)

EU, US practice on taxation on electronic commerce

UNIT 7
Teaching Hours:8
TAXATION IN E COMMERCE
 

Problem of taxation in virtual world

OECD guidelines on taxation

Tax structure on e- commerce in India (Direct, Indirect, and VAT)

EU, US practice on taxation on electronic commerce

UNIT 7
Teaching Hours:8
TAXATION IN E COMMERCE
 

Problem of taxation in virtual world

OECD guidelines on taxation

Tax structure on e- commerce in India (Direct, Indirect, and VAT)

EU, US practice on taxation on electronic commerce

UNIT 8
Teaching Hours:8
JURISDICTION ISSUES IN E- COMMERCE
 

Characteristics of internet jurisdiction

Theoretical framework to address multiple jurisdictions

Application of the principles of Private International law

Hague Convention, EC Regulations (Brussels & Rome)

Minimum contact test, Effect test, Zippo Test

Current trends

UNIT 8
Teaching Hours:8
JURISDICTION ISSUES IN E- COMMERCE
 

Characteristics of internet jurisdiction

Theoretical framework to address multiple jurisdictions

Application of the principles of Private International law

Hague Convention, EC Regulations (Brussels & Rome)

Minimum contact test, Effect test, Zippo Test

Current trends

UNIT 8
Teaching Hours:8
JURISDICTION ISSUES IN E- COMMERCE
 

Characteristics of internet jurisdiction

Theoretical framework to address multiple jurisdictions

Application of the principles of Private International law

Hague Convention, EC Regulations (Brussels & Rome)

Minimum contact test, Effect test, Zippo Test

Current trends

UNIT 8
Teaching Hours:8
JURISDICTION ISSUES IN E- COMMERCE
 

Characteristics of internet jurisdiction

Theoretical framework to address multiple jurisdictions

Application of the principles of Private International law

Hague Convention, EC Regulations (Brussels & Rome)

Minimum contact test, Effect test, Zippo Test

Current trends

UNIT 8
Teaching Hours:8
JURISDICTION ISSUES IN E- COMMERCE
 

Characteristics of internet jurisdiction

Theoretical framework to address multiple jurisdictions

Application of the principles of Private International law

Hague Convention, EC Regulations (Brussels & Rome)

Minimum contact test, Effect test, Zippo Test

Current trends

UNIT 8
Teaching Hours:8
JURISDICTION ISSUES IN E- COMMERCE
 

Characteristics of internet jurisdiction

Theoretical framework to address multiple jurisdictions

Application of the principles of Private International law

Hague Convention, EC Regulations (Brussels & Rome)

Minimum contact test, Effect test, Zippo Test

Current trends

Text Books And Reference Books:

  1. Paul Todd. Law of E-commerce. London: Cavendish, 2008.
  2. Sharma, Vakul. Information Technology: Law and Practice. 2nd ed. New Delhi: Universal Law Publishing Co., 2007.
  3. Ramappa, T. Legal Issues in Electronic Commerce. Delhi: Macmillan, 2003.
  4. Schellekens, M. H. M. Electronic Signatures: Authentication Technology from a Legal Perspective. The Hague: T. M. C. Asser Press, 2004.
  5. Ahmad, Tabrez. Cyberlaws, e-commerce & m-commerces. New Delhi: A. P. H. Publishing Corporation, 2009.
  6. Phillips, Jeremy. Butterworths E-commerce and IT Law Handbook. 4th ed. London: LexisNexis Butterworths, 2007.
  7. Seth, Karnika. Cyber Laws in the Information Technology Age. New Delhi: LexisNexis Butterworths Wadhwa, 2009.
  8. Ryder, Rodney. Guide to Cyber Laws. 3rd ed. New Delhi: Wadhwa & Co., 2007.
Essential Reading / Recommended Reading
  1. Ahmad, Tabrez. Cyberlaws, e-commerce & m-commerces. New Delhi: A. P. H. Publishing Corporation, 2009.
  2. Phillips, Jeremy. Butterworths E-commerce and IT Law Handbook. 4th ed. London: LexisNexis Butterworths, 2007.
  3. Seth, Karnika. Cyber Laws in the Information Technology Age. New Delhi: LexisNexis Butterworths Wadhwa, 2009.
  4. Ryder, Rodney. Guide to Cyber Laws. 3rd ed. New Delhi: Wadhwa & Co., 2007.
Evaluation Pattern

·         CIA I – Class Test / Assignment / Presentation            – 10%

·         CIA II – Mid Semester Examination                                  – 25%

·         CIA III – Research Topic                                                     – 10%

·         Attendance                                                                            – 05%

·         End Semester Examination                                                – 50%

                                                                                                TOTAL 100%

LAW862 - INTERPRETATION OF STATUTES (2021 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

In the age where legislation dominates the legal landscape, every aspect of legal practice has been predominated by the interpretation of statutes and construction of documents. Thus, ability to interpret and understand the operation of legislation has become a skill essential to give a reasoned opinion to any given legislative provision. Thereby, Interpretation of Statutes as a subject has become the heart of contemporary law. It can be described as a process through which the legislative instruments are given meaning, so that they can be understood and applied accordingly. It has a specific focus on locating and using legislation, aids to interpretation, and deployment of interpretative techniques.

Learning Outcome

CO1: Identify and recall the relevant statutory rules of interpretation.

CO2: Interpret the appropriate provisions using the accepted tools and techniques of statutory interpretation.

CO3: Apply statutory provisions to fact scenarios and communicate the interpretation, nature and effect of statutory provisions to relevant stakeholders, such as clients and courts across jurisdictions.

CO4: Analyse different legislations and judgements for evaluating the working of interpretation in resolving the ambiguities.

CO5: Draft a legislative instrument by applying a range of interpretation techniques that will contribute to its effectiveness and clarity.

Unit-1
Teaching Hours:12
INTRODUCTION
 

1.     Legislation                                                                                                

2.     Interpretation v. Construction

1.     Types of legislation : Codifying, Consolidating, by Incorporation, by Reference, Validating Act, Amending Act, Conditional and Delegated Legislation

2.     Basic Principles of Interpretation

a.     sententia legis, ex visceribus actus and ut res magis valeat quam pareat

3.     Fundamental Rules of Interpretation:

a.     Literal Rule/ Textualism

b.     Golden Rule,

c.     Mischief Rule or Purposive Construction

d.    Harmonious Rule

4.     Subsidiary Rules of Interpretation:

a.     noscitur a sociis, ejusdem generis and

b.     reddendo singular singulis

c.     contemporanea expositio

d.    cassus omissus

e.     expressio unius est exclusio alterius

5.     Mimansa Rules of Interpretation

Mimansa Rules of Interpretation: Application, Maxwell 

Unit-1
Teaching Hours:12
INTRODUCTION
 

1.     Legislation                                                                                                

2.     Interpretation v. Construction

1.     Types of legislation : Codifying, Consolidating, by Incorporation, by Reference, Validating Act, Amending Act, Conditional and Delegated Legislation

2.     Basic Principles of Interpretation

a.     sententia legis, ex visceribus actus and ut res magis valeat quam pareat

3.     Fundamental Rules of Interpretation:

a.     Literal Rule/ Textualism

b.     Golden Rule,

c.     Mischief Rule or Purposive Construction

d.    Harmonious Rule

4.     Subsidiary Rules of Interpretation:

a.     noscitur a sociis, ejusdem generis and

b.     reddendo singular singulis

c.     contemporanea expositio

d.    cassus omissus

e.     expressio unius est exclusio alterius

5.     Mimansa Rules of Interpretation

Mimansa Rules of Interpretation: Application, Maxwell 

Unit-1
Teaching Hours:12
INTRODUCTION
 

1.     Legislation                                                                                                

2.     Interpretation v. Construction

1.     Types of legislation : Codifying, Consolidating, by Incorporation, by Reference, Validating Act, Amending Act, Conditional and Delegated Legislation

2.     Basic Principles of Interpretation

a.     sententia legis, ex visceribus actus and ut res magis valeat quam pareat

3.     Fundamental Rules of Interpretation:

a.     Literal Rule/ Textualism

b.     Golden Rule,

c.     Mischief Rule or Purposive Construction

d.    Harmonious Rule

4.     Subsidiary Rules of Interpretation:

a.     noscitur a sociis, ejusdem generis and

b.     reddendo singular singulis

c.     contemporanea expositio

d.    cassus omissus

e.     expressio unius est exclusio alterius

5.     Mimansa Rules of Interpretation

Mimansa Rules of Interpretation: Application, Maxwell 

Unit-1
Teaching Hours:12
INTRODUCTION
 

1.     Legislation                                                                                                

2.     Interpretation v. Construction

1.     Types of legislation : Codifying, Consolidating, by Incorporation, by Reference, Validating Act, Amending Act, Conditional and Delegated Legislation

2.     Basic Principles of Interpretation

a.     sententia legis, ex visceribus actus and ut res magis valeat quam pareat

3.     Fundamental Rules of Interpretation:

a.     Literal Rule/ Textualism

b.     Golden Rule,

c.     Mischief Rule or Purposive Construction

d.    Harmonious Rule

4.     Subsidiary Rules of Interpretation:

a.     noscitur a sociis, ejusdem generis and

b.     reddendo singular singulis

c.     contemporanea expositio

d.    cassus omissus

e.     expressio unius est exclusio alterius

5.     Mimansa Rules of Interpretation

Mimansa Rules of Interpretation: Application, Maxwell 

Unit-1
Teaching Hours:12
INTRODUCTION
 

1.     Legislation                                                                                                

2.     Interpretation v. Construction

1.     Types of legislation : Codifying, Consolidating, by Incorporation, by Reference, Validating Act, Amending Act, Conditional and Delegated Legislation

2.     Basic Principles of Interpretation

a.     sententia legis, ex visceribus actus and ut res magis valeat quam pareat

3.     Fundamental Rules of Interpretation:

a.     Literal Rule/ Textualism

b.     Golden Rule,

c.     Mischief Rule or Purposive Construction

d.    Harmonious Rule

4.     Subsidiary Rules of Interpretation:

a.     noscitur a sociis, ejusdem generis and

b.     reddendo singular singulis

c.     contemporanea expositio

d.    cassus omissus

e.     expressio unius est exclusio alterius

5.     Mimansa Rules of Interpretation

Mimansa Rules of Interpretation: Application, Maxwell 

Unit-1
Teaching Hours:12
INTRODUCTION
 

1.     Legislation                                                                                                

2.     Interpretation v. Construction

1.     Types of legislation : Codifying, Consolidating, by Incorporation, by Reference, Validating Act, Amending Act, Conditional and Delegated Legislation

2.     Basic Principles of Interpretation

a.     sententia legis, ex visceribus actus and ut res magis valeat quam pareat

3.     Fundamental Rules of Interpretation:

a.     Literal Rule/ Textualism

b.     Golden Rule,

c.     Mischief Rule or Purposive Construction

d.    Harmonious Rule

4.     Subsidiary Rules of Interpretation:

a.     noscitur a sociis, ejusdem generis and

b.     reddendo singular singulis

c.     contemporanea expositio

d.    cassus omissus

e.     expressio unius est exclusio alterius

5.     Mimansa Rules of Interpretation

Mimansa Rules of Interpretation: Application, Maxwell 

Unit-2
Teaching Hours:12
AIDS OF INTERPRETATION
 

1.     Internal Aids to Interpretation:

a.     Long Title – Preamble – Headings - Marginal Notes or Section headings Punctuation – Illustration – Definition – Proviso – Exception - Explanation – Transitional Provision – Schedule

2.     External Aids to Interpretation

a.     Parliamentary/Legislative History

b.     Historical facts and Surrounding Circumstances, Government Circulars, Publications and Reports

c.     Later Social, Economic, Political and Scientific and Technological Developments

d.    References to Statutes in pari materia,

e.     Use of Dictionaries,

f.      Legal Texts and

 

g.     Use of International Treaties and Foreign Decisions

Unit-2
Teaching Hours:12
AIDS OF INTERPRETATION
 

1.     Internal Aids to Interpretation:

a.     Long Title – Preamble – Headings - Marginal Notes or Section headings Punctuation – Illustration – Definition – Proviso – Exception - Explanation – Transitional Provision – Schedule

2.     External Aids to Interpretation

a.     Parliamentary/Legislative History

b.     Historical facts and Surrounding Circumstances, Government Circulars, Publications and Reports

c.     Later Social, Economic, Political and Scientific and Technological Developments

d.    References to Statutes in pari materia,

e.     Use of Dictionaries,

f.      Legal Texts and

 

g.     Use of International Treaties and Foreign Decisions

Unit-2
Teaching Hours:12
AIDS OF INTERPRETATION
 

1.     Internal Aids to Interpretation:

a.     Long Title – Preamble – Headings - Marginal Notes or Section headings Punctuation – Illustration – Definition – Proviso – Exception - Explanation – Transitional Provision – Schedule

2.     External Aids to Interpretation

a.     Parliamentary/Legislative History

b.     Historical facts and Surrounding Circumstances, Government Circulars, Publications and Reports

c.     Later Social, Economic, Political and Scientific and Technological Developments

d.    References to Statutes in pari materia,

e.     Use of Dictionaries,

f.      Legal Texts and

 

g.     Use of International Treaties and Foreign Decisions

Unit-2
Teaching Hours:12
AIDS OF INTERPRETATION
 

1.     Internal Aids to Interpretation:

a.     Long Title – Preamble – Headings - Marginal Notes or Section headings Punctuation – Illustration – Definition – Proviso – Exception - Explanation – Transitional Provision – Schedule

2.     External Aids to Interpretation

a.     Parliamentary/Legislative History

b.     Historical facts and Surrounding Circumstances, Government Circulars, Publications and Reports

c.     Later Social, Economic, Political and Scientific and Technological Developments

d.    References to Statutes in pari materia,

e.     Use of Dictionaries,

f.      Legal Texts and

 

g.     Use of International Treaties and Foreign Decisions

Unit-2
Teaching Hours:12
AIDS OF INTERPRETATION
 

1.     Internal Aids to Interpretation:

a.     Long Title – Preamble – Headings - Marginal Notes or Section headings Punctuation – Illustration – Definition – Proviso – Exception - Explanation – Transitional Provision – Schedule

2.     External Aids to Interpretation

a.     Parliamentary/Legislative History

b.     Historical facts and Surrounding Circumstances, Government Circulars, Publications and Reports

c.     Later Social, Economic, Political and Scientific and Technological Developments

d.    References to Statutes in pari materia,

e.     Use of Dictionaries,

f.      Legal Texts and

 

g.     Use of International Treaties and Foreign Decisions

Unit-2
Teaching Hours:12
AIDS OF INTERPRETATION
 

1.     Internal Aids to Interpretation:

a.     Long Title – Preamble – Headings - Marginal Notes or Section headings Punctuation – Illustration – Definition – Proviso – Exception - Explanation – Transitional Provision – Schedule

2.     External Aids to Interpretation

a.     Parliamentary/Legislative History

b.     Historical facts and Surrounding Circumstances, Government Circulars, Publications and Reports

c.     Later Social, Economic, Political and Scientific and Technological Developments

d.    References to Statutes in pari materia,

e.     Use of Dictionaries,

f.      Legal Texts and

 

g.     Use of International Treaties and Foreign Decisions

Unit-3
Teaching Hours:12
PRESUMPTIONS IN INTERPRETATION
 

1.     Presumption regarding statutes

a.     Constitutionality

b.     Territorial Operation

c.     International Law

2.     Construction most agreeable to justice and reason:

3.     Avoiding absurd, anomalous or inconvenient or unjust results

4.     Presumption regarding Legislature:

a.     Knows the existing law,

b. Does not commit mistakes or make omissions or precise in its choice of language

Unit-3
Teaching Hours:12
PRESUMPTIONS IN INTERPRETATION
 

1.     Presumption regarding statutes

a.     Constitutionality

b.     Territorial Operation

c.     International Law

2.     Construction most agreeable to justice and reason:

3.     Avoiding absurd, anomalous or inconvenient or unjust results

4.     Presumption regarding Legislature:

a.     Knows the existing law,

b. Does not commit mistakes or make omissions or precise in its choice of language

Unit-3
Teaching Hours:12
PRESUMPTIONS IN INTERPRETATION
 

1.     Presumption regarding statutes

a.     Constitutionality

b.     Territorial Operation

c.     International Law

2.     Construction most agreeable to justice and reason:

3.     Avoiding absurd, anomalous or inconvenient or unjust results

4.     Presumption regarding Legislature:

a.     Knows the existing law,

b. Does not commit mistakes or make omissions or precise in its choice of language

Unit-3
Teaching Hours:12
PRESUMPTIONS IN INTERPRETATION
 

1.     Presumption regarding statutes

a.     Constitutionality

b.     Territorial Operation

c.     International Law

2.     Construction most agreeable to justice and reason:

3.     Avoiding absurd, anomalous or inconvenient or unjust results

4.     Presumption regarding Legislature:

a.     Knows the existing law,

b. Does not commit mistakes or make omissions or precise in its choice of language

Unit-3
Teaching Hours:12
PRESUMPTIONS IN INTERPRETATION
 

1.     Presumption regarding statutes

a.     Constitutionality

b.     Territorial Operation

c.     International Law

2.     Construction most agreeable to justice and reason:

3.     Avoiding absurd, anomalous or inconvenient or unjust results

4.     Presumption regarding Legislature:

a.     Knows the existing law,

b. Does not commit mistakes or make omissions or precise in its choice of language

Unit-3
Teaching Hours:12
PRESUMPTIONS IN INTERPRETATION
 

1.     Presumption regarding statutes

a.     Constitutionality

b.     Territorial Operation

c.     International Law

2.     Construction most agreeable to justice and reason:

3.     Avoiding absurd, anomalous or inconvenient or unjust results

4.     Presumption regarding Legislature:

a.     Knows the existing law,

b. Does not commit mistakes or make omissions or precise in its choice of language

Unit-4
Teaching Hours:12
INTERPRETATION OF FISCAL, PENAL AND REMEDIAL STATUTES
 

1.     Interpretation of Fiscal Statutes:

a.     Principles of Strict Construction

b.     Interpretation of Charging and Machinery Provisions

c.     Circulars and Notifications

d.    Double Taxation, Retrospectivity

e.     Tax Evasion and Tax Avoidance

 

1.     Interpretation of Penal and Remedial Statutes

a.     Remedial and Penal Statutes: Distinction

b.     Liberal Construction of Remedial Statutes

c.     Strict Construction of Penal Statutes

 

d.    mens rea in statutory offences

Unit-4
Teaching Hours:12
INTERPRETATION OF FISCAL, PENAL AND REMEDIAL STATUTES
 

1.     Interpretation of Fiscal Statutes:

a.     Principles of Strict Construction

b.     Interpretation of Charging and Machinery Provisions

c.     Circulars and Notifications

d.    Double Taxation, Retrospectivity

e.     Tax Evasion and Tax Avoidance

 

1.     Interpretation of Penal and Remedial Statutes

a.     Remedial and Penal Statutes: Distinction

b.     Liberal Construction of Remedial Statutes

c.     Strict Construction of Penal Statutes

 

d.    mens rea in statutory offences

Unit-4
Teaching Hours:12
INTERPRETATION OF FISCAL, PENAL AND REMEDIAL STATUTES
 

1.     Interpretation of Fiscal Statutes:

a.     Principles of Strict Construction

b.     Interpretation of Charging and Machinery Provisions

c.     Circulars and Notifications

d.    Double Taxation, Retrospectivity

e.     Tax Evasion and Tax Avoidance

 

1.     Interpretation of Penal and Remedial Statutes

a.     Remedial and Penal Statutes: Distinction

b.     Liberal Construction of Remedial Statutes

c.     Strict Construction of Penal Statutes

 

d.    mens rea in statutory offences

Unit-4
Teaching Hours:12
INTERPRETATION OF FISCAL, PENAL AND REMEDIAL STATUTES
 

1.     Interpretation of Fiscal Statutes:

a.     Principles of Strict Construction

b.     Interpretation of Charging and Machinery Provisions

c.     Circulars and Notifications

d.    Double Taxation, Retrospectivity

e.     Tax Evasion and Tax Avoidance

 

1.     Interpretation of Penal and Remedial Statutes

a.     Remedial and Penal Statutes: Distinction

b.     Liberal Construction of Remedial Statutes

c.     Strict Construction of Penal Statutes

 

d.    mens rea in statutory offences

Unit-4
Teaching Hours:12
INTERPRETATION OF FISCAL, PENAL AND REMEDIAL STATUTES
 

1.     Interpretation of Fiscal Statutes:

a.     Principles of Strict Construction

b.     Interpretation of Charging and Machinery Provisions

c.     Circulars and Notifications

d.    Double Taxation, Retrospectivity

e.     Tax Evasion and Tax Avoidance

 

1.     Interpretation of Penal and Remedial Statutes

a.     Remedial and Penal Statutes: Distinction

b.     Liberal Construction of Remedial Statutes

c.     Strict Construction of Penal Statutes

 

d.    mens rea in statutory offences

Unit-4
Teaching Hours:12
INTERPRETATION OF FISCAL, PENAL AND REMEDIAL STATUTES
 

1.     Interpretation of Fiscal Statutes:

a.     Principles of Strict Construction

b.     Interpretation of Charging and Machinery Provisions

c.     Circulars and Notifications

d.    Double Taxation, Retrospectivity

e.     Tax Evasion and Tax Avoidance

 

1.     Interpretation of Penal and Remedial Statutes

a.     Remedial and Penal Statutes: Distinction

b.     Liberal Construction of Remedial Statutes

c.     Strict Construction of Penal Statutes

 

d.    mens rea in statutory offences

Unit-5
Teaching Hours:12
EXPIRY AND REPEAL OF STATUES
 

1.     Kinds of Enactments

a.     General Acts and Special Acts

b.     Perpetual Acts and Temporary Acts

c.     Sunset Clause and Ganga Clause/Omnibus Clause

2.     Effect of Expiry and Repeal

a.     General Clauses Act, 1897- Sec.6 and Sec.8

b.     Express and Implied Repeal

c.     Consequences of Repeal

d. Quasi repeal by desuetude

Unit-5
Teaching Hours:12
EXPIRY AND REPEAL OF STATUES
 

1.     Kinds of Enactments

a.     General Acts and Special Acts

b.     Perpetual Acts and Temporary Acts

c.     Sunset Clause and Ganga Clause/Omnibus Clause

2.     Effect of Expiry and Repeal

a.     General Clauses Act, 1897- Sec.6 and Sec.8

b.     Express and Implied Repeal

c.     Consequences of Repeal

d. Quasi repeal by desuetude

Unit-5
Teaching Hours:12
EXPIRY AND REPEAL OF STATUES
 

1.     Kinds of Enactments

a.     General Acts and Special Acts

b.     Perpetual Acts and Temporary Acts

c.     Sunset Clause and Ganga Clause/Omnibus Clause

2.     Effect of Expiry and Repeal

a.     General Clauses Act, 1897- Sec.6 and Sec.8

b.     Express and Implied Repeal

c.     Consequences of Repeal

d. Quasi repeal by desuetude

Unit-5
Teaching Hours:12
EXPIRY AND REPEAL OF STATUES
 

1.     Kinds of Enactments

a.     General Acts and Special Acts

b.     Perpetual Acts and Temporary Acts

c.     Sunset Clause and Ganga Clause/Omnibus Clause

2.     Effect of Expiry and Repeal

a.     General Clauses Act, 1897- Sec.6 and Sec.8

b.     Express and Implied Repeal

c.     Consequences of Repeal

d. Quasi repeal by desuetude

Unit-5
Teaching Hours:12
EXPIRY AND REPEAL OF STATUES
 

1.     Kinds of Enactments

a.     General Acts and Special Acts

b.     Perpetual Acts and Temporary Acts

c.     Sunset Clause and Ganga Clause/Omnibus Clause

2.     Effect of Expiry and Repeal

a.     General Clauses Act, 1897- Sec.6 and Sec.8

b.     Express and Implied Repeal

c.     Consequences of Repeal

d. Quasi repeal by desuetude

Unit-5
Teaching Hours:12
EXPIRY AND REPEAL OF STATUES
 

1.     Kinds of Enactments

a.     General Acts and Special Acts

b.     Perpetual Acts and Temporary Acts

c.     Sunset Clause and Ganga Clause/Omnibus Clause

2.     Effect of Expiry and Repeal

a.     General Clauses Act, 1897- Sec.6 and Sec.8

b.     Express and Implied Repeal

c.     Consequences of Repeal

d. Quasi repeal by desuetude

Text Books And Reference Books:

1.     Singh, Guru Prasanna., Principles of Statutory Interpretation. 14th edition, Nagpur: Lexis Nexis, 2016.

2.     Sarathi, Vepa P., Interpretation of Statutes.  5th ed. New Delhi: Eastern Book Company, 2010.

3.     Langan, P. St. J.(Ed)., Maxwell on the Interpretation of Statutes. 12th ed. New Delhi: Lexis Nexis, 1969

4.     Jone, Oliver (Ed)., Bennion on Statutory Interpretation 5th ed. London: Lexis Nexis, 2013

5.     Dhanda, Amita (Ed).,  N. S. Bindra's Interpretation of Statutes. 12th ed. New Delhi: Lexis Nexis, 2017.

6.     Katju, Markandey., Interpretation of Taxing Statutes, 2nd Edition, Butterworths, 1998

7.     Mukhopadhyay, Sukumar., Interpretation of Fiscal Statutes in India, 3rd Edition, New Delhi: Centax, 2010

8.     Chopra, D.S., Interpretation of Statutes, 1st ed. New Delhi: Thomson Reuters, 2014.

9.     Katju, Markandey, (Ed)., K.L.Sarkar’s Mimansa Rules of Interpretation. 4th ed. New Delhi: Thomson Reuters, 2013.

10. Scalia, Antonin., and Bryan A Garner., Reading Law: The Interpretation of Legal Texts, West Group, 1st Edition, 2012

Essential Reading / Recommended Reading

1.     Singh, Guru Prasanna., Principles of Statutory Interpretation. 14th edition, Nagpur: Lexis Nexis, 2016.

2.     Sarathi, Vepa P., Interpretation of Statutes.  5th ed. New Delhi: Eastern Book Company, 2010.

3.     Langan, P. St. J.(Ed)., Maxwell on the Interpretation of Statutes. 12th ed. New Delhi: Lexis Nexis, 1969

4.     Jone, Oliver (Ed)., Bennion on Statutory Interpretation 5th ed. London: Lexis Nexis, 2013

5.     Dhanda, Amita (Ed).,  N. S. Bindra's Interpretation of Statutes. 12th ed. New Delhi: Lexis Nexis, 2017.

6.     Katju, Markandey., Interpretation of Taxing Statutes, 2nd Edition, Butterworths, 1998

7.     Mukhopadhyay, Sukumar., Interpretation of Fiscal Statutes in India, 3rd Edition, New Delhi: Centax, 2010

8.     Chopra, D.S., Interpretation of Statutes, 1st ed. New Delhi: Thomson Reuters, 2014.

9.     Katju, Markandey, (Ed)., K.L.Sarkar’s Mimansa Rules of Interpretation. 4th ed. New Delhi: Thomson Reuters, 2013.

10. Scalia, Antonin., and Bryan A Garner., Reading Law: The Interpretation of Legal Texts, West Group, 1st Edition, 2012

Evaluation Pattern

Assessment outline:

 

CIA I

CIA II

CIA III

ESE

Attendance

10%

25%

10%

50%

5%

 

 

LAW885A - REGULATION OF BIOTECHNOLOGY (2021 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

New and emerging technologies of the 21st century have been posing new challenges to legal systems all over the world. Applications of modern biotechnologies have brought hope for the mankind with a promise of reducing hunger and offer solutions for deadly diseases which have plagued mankind for a long time. Benefits provided by biotechnology is not without banes. Regulatory environment must be suitably designed to take the advantages offered by biotechnology and at the same its abuse must be minimized.

 

The course intends to provide students with a deep outlook of the legal regime and issues surrounding one of the most contemporary and unfolding branches of Intellectual Property and Life on Earth – Regulations of Biotechnology. 

 

Unit- 1 introduces the history of bio-technology and the evolution of bio-technology across various jurisdictions. Unit – 2 deals with human genetics with particular reference to cloning and human organs. Unit 3 deals with agriculture and biotechnology with special reference to Genetically Modified Organisms and their regulations. Unit 4 deals with patents and biotechnology. Unit 5 deals with the importance of ethics in biotechnology. Unit 6 deals with research collaborations and biotechnology.

Learning Outcome

CO1: Narrate the history and evolution of biotechnology.

CO2: Critically analyse the laws that are regulating to GMOs, cloning, and organ transplantations.

CO3: Apply the laws of biotechnology to practical problems.

CO4: Do sound research on the patentability of inventions in the field of biotechnology.

Unit-1
Teaching Hours:10
UNIT 1
 

Introduction – Biotechnology revolution – historical revolution – interface between biotechnology and law – general perspectives on biotechnology regulation- regulatory framework for biotechnology in US, EU and India – regulatory governance for the age of  biotechnology – Biotechnology and human rights

Unit-1
Teaching Hours:10
UNIT 1
 

Introduction – Biotechnology revolution – historical revolution – interface between biotechnology and law – general perspectives on biotechnology regulation- regulatory framework for biotechnology in US, EU and India – regulatory governance for the age of  biotechnology – Biotechnology and human rights

Unit-2
Teaching Hours:10
UNIT 2
 

Human genetic – regulating human genetics -  morality and social policy in regulating human genetics – ethical issues. – Cloning – legal and moral issues – Transplantation of human organs- property rights in human organs – Biofoods and drugs regulation

Unit-2
Teaching Hours:10
UNIT 2
 

Human genetic – regulating human genetics -  morality and social policy in regulating human genetics – ethical issues. – Cloning – legal and moral issues – Transplantation of human organs- property rights in human organs – Biofoods and drugs regulation

Unit-3
Teaching Hours:10
UNIT 3
 

Regulation of Agricultural biotechnology – importance of agriculture and environment – agricultural and environmental polices- regulating agencies – agri-biotech risks –GMOS, biosafety and environmental decision making- Legal framework and political strategy in dealing with the risks of new technology: the two faces of the precautionary principle - Regulating GM food-Restrictions on the cultivation of genetically modified

Organisms- SC on GMOs – Parliamentary committee report -plant genetic resources and agricultural trade reform

Unit-3
Teaching Hours:10
UNIT 3
 

Regulation of Agricultural biotechnology – importance of agriculture and environment – agricultural and environmental polices- regulating agencies – agri-biotech risks –GMOS, biosafety and environmental decision making- Legal framework and political strategy in dealing with the risks of new technology: the two faces of the precautionary principle - Regulating GM food-Restrictions on the cultivation of genetically modified

Organisms- SC on GMOs – Parliamentary committee report -plant genetic resources and agricultural trade reform

Unit-4
Teaching Hours:10
UNIT 4
 

Regulating biotechnology through intellectual property regime: Patents, copyrights in biotechnology and bioinformatics – case of terminator technology- clinical trials in biotechnology development - Patents, patients and consent: exploring the interface between regulation and innovation regimes – Right to informed consent and privacy of personal data -bio-patents – pharmaceutical patents  and challenges to patent system

 

Unit-4
Teaching Hours:10
UNIT 4
 

Regulating biotechnology through intellectual property regime: Patents, copyrights in biotechnology and bioinformatics – case of terminator technology- clinical trials in biotechnology development - Patents, patients and consent: exploring the interface between regulation and innovation regimes – Right to informed consent and privacy of personal data -bio-patents – pharmaceutical patents  and challenges to patent system

 

Unit-5
Teaching Hours:10
UNIT 5
 

Ethics in research – Bioethics and law – Beginning  End of life decisions – assisted reproduction – health privacy and family - role and legal status of health care ethics committees - Acquiring and allocating human organs for transplant- Bioethics in the developing world

 

Unit-5
Teaching Hours:10
UNIT 5
 

Ethics in research – Bioethics and law – Beginning  End of life decisions – assisted reproduction – health privacy and family - role and legal status of health care ethics committees - Acquiring and allocating human organs for transplant- Bioethics in the developing world

 

Unit-6
Teaching Hours:10
UNIT 6
 

Research Collaborations and Other Agreements, Basic research agreements - Due diligence - The license agreement: key terms and strategic considerations - Case studies of major biotech licensing deals - University collaborations – Collaboration with department of biotechnology.

 

Unit-6
Teaching Hours:10
UNIT 6
 

Research Collaborations and Other Agreements, Basic research agreements - Due diligence - The license agreement: key terms and strategic considerations - Case studies of major biotech licensing deals - University collaborations – Collaboration with department of biotechnology.

 

Text Books And Reference Books:

Law Relating to Biotechnology – Sreenivasulu. N.S

International Governance of Biotechnology Needs, Problems and Potential by Catherine Rhodes, Bloomsbury Academic 2010 Chapter I & II – pages 1- 21

Bhatia, Saurabh & Goli, Divakar. (2018). History, scope and development of biotechnology

The Evolution of Human Rights in the Age of Biotechnology,  John Paul Ryan and Benjamin Hron

 

Essential Reading / Recommended Reading

 

Law and Biotechnology Cases and Materials Victoria Sutton Robert H. Bean Professor of Law Texas Tech University School of Law

UK Biotechnology Industry Twelfth Report of Session 2002–03

Biotechnologies and International Human Rights Edited by Francesco Francioni

Ethical issues in human genome research THOMAS H. MURRAY School of Medicine, Case Western Reserve University.

Iqbal, Rana Khalid & Bibi, Shahzadi & Muneer, Sana & Bibi, Sumaira & Anwar, FarhanaNaureen. (2020). Ethical issues of human cloning. Journal of Medical Sciences. 40. 10.4103/jmedsci.jmedsci_69_19.

Human Cloning: Perspectives, Ethical Issues and Legal Implications Adv. Rakesh Vishan Ms. Swati Vishan

Ethical Aspects within Human Cloning Loredana Terec-Vlada, Daniel Terec-Vlad

Donated organs, property rights and the remedial quagmire Remigius N. Nwabueze

 

Evaluation Pattern
CIA-I - 10%

CIA 2 - 25%

CIA 3 - 10%

End Semester - 50%

Attendance - 5%

LAW885B - MARITIME LAW (2021 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

This course is divided into Nine (7) Units. It starts with UNIT - 1 focuses on the introduction to Maritime law which includes various international conventions governing maritime, also discusses certain basic concept of Maritime Law and sources of Maritime Law. UNIT - 2 discusses the regime of Maritime Ports and its regulations. UNIT - 3 discusses Commercial Shipping Law which includes regulations related with shipping which includes contracts, carriage of goods by sea. It also discusses the Hague and the Hague Visby Rules UNIT - 4.  discusses the concept of Laytime and demurrage and their exceptions.. UNIT -5 discusses Concept of Collision which includes collision of vessels in the sea and arising vicarious liability along with applicable jurisdiction in such situations. UNIT - 6 discusses Salvage, geographical limits of salvages and eligibility and it also discusses the concept of general Averages. UNIT - 7 discusses Jurisdiction in maritime and applicable conventions. 

Learning Outcome

CO1: Explain the principles, concepts, doctrine, conventions, development and the legal framework of maritime law.

CO2: Apply the laws, principles and concepts to issues arising in maritime disputes.

CO3: Analyze the rules and legal framework of international commercial affairs related to shipping.

CO4: Suggest solutions to legal problems in maritime law.

CO5: Demonstrate a high level of understanding of the concepts like Admiralty Jurisdiction, Major Ports law, Maritime claims, Marine insurance.

Unit-1
Teaching Hours:1
Sources And Basic Concepts of Maritime Law
 

This unit provides an introduction to the fundamental sources and concepts of maritime law. Students will explore key legal frameworks governing international and domestic shipping, including conventions, treaties, and customary law.

Unit-1
Teaching Hours:1
Sources And Basic Concepts of Maritime Law
 

This unit provides an introduction to the fundamental sources and concepts of maritime law. Students will explore key legal frameworks governing international and domestic shipping, including conventions, treaties, and customary law.

Unit-2
Teaching Hours:10
REGIME OF MARITIME PORTS
 

This unit examines the legal and regulatory framework governing maritime ports and their operations. It covers the roles and responsibilities of port authorities, the legal rights of port users, and the regulatory measures that ensure efficient and safe port activities. Topics include port governance, customs procedures, safety and security regulations, environmental concerns, and the economic impact of ports on global trade. The course provides students with an understanding of the legal environment surrounding ports and their crucial function within the maritime industry.

Unit-2
Teaching Hours:10
REGIME OF MARITIME PORTS
 

This unit examines the legal and regulatory framework governing maritime ports and their operations. It covers the roles and responsibilities of port authorities, the legal rights of port users, and the regulatory measures that ensure efficient and safe port activities. Topics include port governance, customs procedures, safety and security regulations, environmental concerns, and the economic impact of ports on global trade. The course provides students with an understanding of the legal environment surrounding ports and their crucial function within the maritime industry.

Unit-3
Teaching Hours:10
Commercial Shipping Law
 

This unit provides an in-depth exploration of the international sales of goods, carriage of goods by sea, and contracts of carriage. It covers essential aspects such as the voyage charter party, bill of lading, sea waybills, and implied contracts related to loading, alongside the roles of shipowners’ bills, agency, assignment, and non-contractual obligations. Students will study the Multimodal Transportation of Goods Act, 1993, and understand the legal concepts of mandatory application, voluntary incorporation, contracting out, and third-party reliance on shipping rules. Key topics also include the carrier’s duties and defenses under the Hague-Visby Rules, shipper’s liability, package limitation, and the impact of containerization on maritime transport. The course aims to provide students with a comprehensive understanding of the complex legal relationships and frameworks governing international trade and maritime shipping.

Unit-3
Teaching Hours:10
Commercial Shipping Law
 

This unit provides an in-depth exploration of the international sales of goods, carriage of goods by sea, and contracts of carriage. It covers essential aspects such as the voyage charter party, bill of lading, sea waybills, and implied contracts related to loading, alongside the roles of shipowners’ bills, agency, assignment, and non-contractual obligations. Students will study the Multimodal Transportation of Goods Act, 1993, and understand the legal concepts of mandatory application, voluntary incorporation, contracting out, and third-party reliance on shipping rules. Key topics also include the carrier’s duties and defenses under the Hague-Visby Rules, shipper’s liability, package limitation, and the impact of containerization on maritime transport. The course aims to provide students with a comprehensive understanding of the complex legal relationships and frameworks governing international trade and maritime shipping.

Unit-4
Teaching Hours:7
Laytime and Demurrage
 

This unit focuses on the operational and legal aspects of stevedoring, including the termination point of the approach and carrying voyages. It covers key clauses such as "Wibon" (whether in berth or not) and "Time Lost" clauses, examining their impact on shipping contracts. The course also explores laytime exceptions, demurrage, and the conditions under which laytime may be suspended. Students will gain an understanding of the practical and legal challenges associated with the loading and unloading processes in maritime transport and how delays and operational issues are addressed within shipping agreements.

Unit-4
Teaching Hours:7
Laytime and Demurrage
 

This unit focuses on the operational and legal aspects of stevedoring, including the termination point of the approach and carrying voyages. It covers key clauses such as "Wibon" (whether in berth or not) and "Time Lost" clauses, examining their impact on shipping contracts. The course also explores laytime exceptions, demurrage, and the conditions under which laytime may be suspended. Students will gain an understanding of the practical and legal challenges associated with the loading and unloading processes in maritime transport and how delays and operational issues are addressed within shipping agreements.

Unit-5
Teaching Hours:5
COLLISION
 

This unit delves into key principles of maritime collision and liability issues, focusing on vicarious liability, the standard of care, causation, and the apportionment of liability. Students will explore how responsibility is distributed in maritime incidents and how legal concepts of fault and causation impact liability outcomes. The course also covers damages, statutory liability, and the determination of jurisdiction in maritime disputes. By examining these foundational legal concepts, students will gain a thorough understanding of how liability is assessed and allocated within the maritime industry.

Unit-5
Teaching Hours:5
COLLISION
 

This unit delves into key principles of maritime collision and liability issues, focusing on vicarious liability, the standard of care, causation, and the apportionment of liability. Students will explore how responsibility is distributed in maritime incidents and how legal concepts of fault and causation impact liability outcomes. The course also covers damages, statutory liability, and the determination of jurisdiction in maritime disputes. By examining these foundational legal concepts, students will gain a thorough understanding of how liability is assessed and allocated within the maritime industry.

Unit-6
Teaching Hours:10
Salvage and General Average
 

This unit covers the principles of salvage and general average in maritime law, with a focus on the concept of maritime property and the geographical limits of salvage operations. Students will examine the eligibility of a salvor, the relationship between the salvor and salvee, and the structure of salvage awards and remedies, including security for claims and the role of marine insurance. The course also explores the concept of general average, including extraordinary sacrifices and expenses, voluntariness, and the time of peril. Additionally, students will study common safety, fault, and how contributory values and losses are assessed in the context of maritime claims.

Unit-6
Teaching Hours:10
Salvage and General Average
 

This unit covers the principles of salvage and general average in maritime law, with a focus on the concept of maritime property and the geographical limits of salvage operations. Students will examine the eligibility of a salvor, the relationship between the salvor and salvee, and the structure of salvage awards and remedies, including security for claims and the role of marine insurance. The course also explores the concept of general average, including extraordinary sacrifices and expenses, voluntariness, and the time of peril. Additionally, students will study common safety, fault, and how contributory values and losses are assessed in the context of maritime claims.

Unit-7
Teaching Hours:6
JURISDICTION AND APPLICABLE LAW
 

This unit explores key aspects of Contractual Law and Tort Law within the maritime context, focusing on arrest and Mareva injunctions, as well as other forms of interlocutory relief. Students will study the legal processes involved in securing claims and obtaining interim relief in maritime disputes. The course also covers shipping rights, including the legal framework surrounding shipbuilding and recycling, examining contracts, regulations, and environmental considerations. By the end of the unit, students will have a comprehensive understanding of how maritime law intersects with contract and tort law to protect shipping interests and resolve disputes.

Unit-7
Teaching Hours:6
JURISDICTION AND APPLICABLE LAW
 

This unit explores key aspects of Contractual Law and Tort Law within the maritime context, focusing on arrest and Mareva injunctions, as well as other forms of interlocutory relief. Students will study the legal processes involved in securing claims and obtaining interim relief in maritime disputes. The course also covers shipping rights, including the legal framework surrounding shipbuilding and recycling, examining contracts, regulations, and environmental considerations. By the end of the unit, students will have a comprehensive understanding of how maritime law intersects with contract and tort law to protect shipping interests and resolve disputes.

Text Books And Reference Books:
  1.  William Tetley, "The Burden and Order of Proof in Marine Cargo Claims [.pdf]" (2004).(available at http://www.mcgill.ca/maritimelaw/articles)
  2. William Tetley, "Jurisdiction Clauses and Forum Non Conveniens in the Carriage 1.     of Goods by Sea [.pdf]" (publisbed in Jurisdiction and Forum Selection in International Maritime Law. Essays in Honor of Robert Force (Martin Davies, ed.), Kluwer Law International, The Hague, 2005, Chapter 6 at pp. 183-263).
  3. William Tetley, "Mixed Jurisdictions, Language, Legislatures and Courts " (2003) 78 Tul. L. Rev. 175-218.
  4.  R.R. Churchill and A.V. Lowe, “The Law of the Sea”, 3rd edn., Manchester, 1999

    4.     Simon Baughen, “Shipping Law”, 7th Edition Routledge-Cavendish, London 2018

  5. Law of Carriage – Avtar Singh
  6. Haijiang Yang, Jurisdiction of the Coastal State over Foreign Merchant Ships in Internal waters and the Territorial Sea, Springer 2006. 
  7. Law commission of India 151st report on Admiralty Jurisdiction
  8. Maritime Law, Yvonne Baatz, Informa 2014
Essential Reading / Recommended Reading

1.     Laws Relating to Bills of Lading, Charterparties and contract of Affreightment, 4th Edn., 2014, B.C. Mitra, Universal Law Publishing Co., New Delhi.

2.     International Law and Human Rights 20th Edn., 2016, Dr. S. K. Kapoor/Central Law Agency, Lucknow.

3.     Modern Law of Insurance in India, 5th Edn., 2013, Dr. K. V. S. Sarma/Lexis Nexis.

4.     Maritime Law, South Asian Edn., 2nd Edn., Yvonne Baatz, Sweet and Maxwell.

5. Modern Maritime Law and Risk Management, Google Books (Available online), Aleka Mandaraka Sheppard, Routledge, New York. 

6. Maritime Jurisdiction and Admiralty Law in India, Samareshwar Mahant, Universal Publishing.

 

Evaluation Pattern

Evaluation Rubric/s:

 

At the end of the CIA I, the student will be able to:

·       Explain the principles, concepts, doctrine, conventions, development and the legal framework of maritime law.

·       Demonstrate a high level of understanding of the concepts like Admiralty Jurisdiction, Major Ports law, Maritime claims, Marine insurance etc.

 

At the end of the CIA III, the student will be able to:

·       Apply the laws, principles and concepts to issues arising in maritime disputes.

·       Analyse the rules and legal framework of international commercial affairs related to shipping

 

·       Suggest solutions to legal problems in maritime law.

 

 

For CIA III Petition Drafting

 

 

4

3

2

1

Stating of Facts

Facts are clear in the problem and relevant facts are clearly identified.

Facts are clear but relevant facts have not been identified.

Facts are confusing in the problem but facts are partially identified.

Unambiguous facts and are not identified clearly.

Issues raised

Issues are identified correctly and structured properly.

Issues are identified correctly but not structured properly.

Issues are related to the problem but are not rightly identified.

Attempted but unable to identify the cases related to the topic

Relevant cases to support the problem

More than 8 relevant cases cited

5 - 7 relevant cases cited

4 – 2 relevant cases cited

1 relevant case law cited

Law involved

Jurisdiction is rightly based on the law. All the related laws are stated in the petition.

Jurisdiction is rightly based on the law. Few laws are not stated.

Jurisdiction is not based on the right law but laws involved are partially correct.

Glaring mistakes in defending jurisdiction and irrelevant laws stated.

Drafting skills

There is flow and connection between the paragraphs drafted in the petition.

Paragraphs are constructed with few missing links

Paragraph construction is weak.

Provisions are not identified or explained

No flow between paragraphs.

 

 

 

 

LAW885C - DRUGS AND COSMETICS LAW (2021 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:60
Max Marks:100
Credits:4

Course Objectives/Course Description

 

·      *   To develop an understanding of the legal aspects of the structure and history underlying various legislations governing drugs and cosmetics.

·       *  To equip the students with various laws and rules governing the Drugs and Cosmetics industry  in India.

 *  To equip the students so that they can analyze the laws relating to Narcotic Drugs and Psychotropic substances

Learning Outcome

CO1: Explain the general principles of law of drugs and cosmetic laws in India.

CO2: To identify, describe and analyze the theoretical foundation related to drugs and cosmetics in India.

CO3: Comprehend the significance of the laws related to drugs and cosmetic laws in India.

CO4: Analyze the relevant case laws pertaining to the concepts discussed.

Unit-1
Teaching Hours:10
INTRODUCTION
 

 

1. History

2. National Drug Policy

3. National Pharmaceuticals Policy 2002.

4. Drug Control – Functions of Central and State Government

Unit-1
Teaching Hours:10
INTRODUCTION
 

 

1. History

2. National Drug Policy

3. National Pharmaceuticals Policy 2002.

4. Drug Control – Functions of Central and State Government

Unit-1
Teaching Hours:10
INTRODUCTION
 

 

1. History

2. National Drug Policy

3. National Pharmaceuticals Policy 2002.

4. Drug Control – Functions of Central and State Government

Unit-1
Teaching Hours:10
INTRODUCTION
 

 

1. History

2. National Drug Policy

3. National Pharmaceuticals Policy 2002.

4. Drug Control – Functions of Central and State Government

Unit-1
Teaching Hours:10
INTRODUCTION
 

 

1. History

2. National Drug Policy

3. National Pharmaceuticals Policy 2002.

4. Drug Control – Functions of Central and State Government

Unit-1
Teaching Hours:10
INTRODUCTION
 

 

1. History

2. National Drug Policy

3. National Pharmaceuticals Policy 2002.

4. Drug Control – Functions of Central and State Government

Unit-2
Teaching Hours:18
DRUGS AND COSMETIC ACT, 1940 AND RULES, 1945
 

  1. Authorities: The Drugs technical Advisory Board, The Central Drugs Laboratory

and The Drugs Consultative Committee.

2. Import and Registration of Drugs.

3. Import and Registration of Cosmetics.

4. The Central Drugs Laboratory

5. Controlling Authorities

6. Guidelines for Consumers of drugs and cosmetics

7. Clinical Trials Registry – India (CTRI)

Unit-2
Teaching Hours:18
DRUGS AND COSMETIC ACT, 1940 AND RULES, 1945
 

  1. Authorities: The Drugs technical Advisory Board, The Central Drugs Laboratory

and The Drugs Consultative Committee.

2. Import and Registration of Drugs.

3. Import and Registration of Cosmetics.

4. The Central Drugs Laboratory

5. Controlling Authorities

6. Guidelines for Consumers of drugs and cosmetics

7. Clinical Trials Registry – India (CTRI)

Unit-2
Teaching Hours:18
DRUGS AND COSMETIC ACT, 1940 AND RULES, 1945
 

  1. Authorities: The Drugs technical Advisory Board, The Central Drugs Laboratory

and The Drugs Consultative Committee.

2. Import and Registration of Drugs.

3. Import and Registration of Cosmetics.

4. The Central Drugs Laboratory

5. Controlling Authorities

6. Guidelines for Consumers of drugs and cosmetics

7. Clinical Trials Registry – India (CTRI)

Unit-2
Teaching Hours:18
DRUGS AND COSMETIC ACT, 1940 AND RULES, 1945
 

  1. Authorities: The Drugs technical Advisory Board, The Central Drugs Laboratory

and The Drugs Consultative Committee.

2. Import and Registration of Drugs.

3. Import and Registration of Cosmetics.

4. The Central Drugs Laboratory

5. Controlling Authorities

6. Guidelines for Consumers of drugs and cosmetics

7. Clinical Trials Registry – India (CTRI)

Unit-2
Teaching Hours:18
DRUGS AND COSMETIC ACT, 1940 AND RULES, 1945
 

  1. Authorities: The Drugs technical Advisory Board, The Central Drugs Laboratory

and The Drugs Consultative Committee.

2. Import and Registration of Drugs.

3. Import and Registration of Cosmetics.

4. The Central Drugs Laboratory

5. Controlling Authorities

6. Guidelines for Consumers of drugs and cosmetics

7. Clinical Trials Registry – India (CTRI)

Unit-2
Teaching Hours:18
DRUGS AND COSMETIC ACT, 1940 AND RULES, 1945
 

  1. Authorities: The Drugs technical Advisory Board, The Central Drugs Laboratory

and The Drugs Consultative Committee.

2. Import and Registration of Drugs.

3. Import and Registration of Cosmetics.

4. The Central Drugs Laboratory

5. Controlling Authorities

6. Guidelines for Consumers of drugs and cosmetics

7. Clinical Trials Registry – India (CTRI)

Unit-3
Teaching Hours:8
PHARMACY PRACTICE REGULATIONS, 2015
 

1.  Definitions and Code of Pharmacy ethics

2. Duties and Responsibilities of a Pharmacist

3. Unethical acts and misconduct

4. Punishments and disciplinary action.

5. National Pharmaceutical pricing Authority

Unit-3
Teaching Hours:8
PHARMACY PRACTICE REGULATIONS, 2015
 

1.  Definitions and Code of Pharmacy ethics

2. Duties and Responsibilities of a Pharmacist

3. Unethical acts and misconduct

4. Punishments and disciplinary action.

5. National Pharmaceutical pricing Authority

Unit-3
Teaching Hours:8
PHARMACY PRACTICE REGULATIONS, 2015
 

1.  Definitions and Code of Pharmacy ethics

2. Duties and Responsibilities of a Pharmacist

3. Unethical acts and misconduct

4. Punishments and disciplinary action.

5. National Pharmaceutical pricing Authority

Unit-3
Teaching Hours:8
PHARMACY PRACTICE REGULATIONS, 2015
 

1.  Definitions and Code of Pharmacy ethics

2. Duties and Responsibilities of a Pharmacist

3. Unethical acts and misconduct

4. Punishments and disciplinary action.

5. National Pharmaceutical pricing Authority

Unit-3
Teaching Hours:8
PHARMACY PRACTICE REGULATIONS, 2015
 

1.  Definitions and Code of Pharmacy ethics

2. Duties and Responsibilities of a Pharmacist

3. Unethical acts and misconduct

4. Punishments and disciplinary action.

5. National Pharmaceutical pricing Authority

Unit-3
Teaching Hours:8
PHARMACY PRACTICE REGULATIONS, 2015
 

1.  Definitions and Code of Pharmacy ethics

2. Duties and Responsibilities of a Pharmacist

3. Unethical acts and misconduct

4. Punishments and disciplinary action.

5. National Pharmaceutical pricing Authority

Unit-4
Teaching Hours:8
THE DRUGS AND MAGIC REMEDIES (OBJECTIONABLE ADVERTISEMENTS) ACT, 1954 AND THE DRUGS AND MAGIC REMEDIES (OBJECTIONABLE ADVERTISEMENTS) RULES, 1955
 

1. Prohibition of misleading advertisement of certain drugs(sections 3 – 6)

2. Powers of Central and State Government.

Unit-4
Teaching Hours:8
THE DRUGS AND MAGIC REMEDIES (OBJECTIONABLE ADVERTISEMENTS) ACT, 1954 AND THE DRUGS AND MAGIC REMEDIES (OBJECTIONABLE ADVERTISEMENTS) RULES, 1955
 

1. Prohibition of misleading advertisement of certain drugs(sections 3 – 6)

2. Powers of Central and State Government.

Unit-4
Teaching Hours:8
THE DRUGS AND MAGIC REMEDIES (OBJECTIONABLE ADVERTISEMENTS) ACT, 1954 AND THE DRUGS AND MAGIC REMEDIES (OBJECTIONABLE ADVERTISEMENTS) RULES, 1955
 

1. Prohibition of misleading advertisement of certain drugs(sections 3 – 6)

2. Powers of Central and State Government.

Unit-4
Teaching Hours:8
THE DRUGS AND MAGIC REMEDIES (OBJECTIONABLE ADVERTISEMENTS) ACT, 1954 AND THE DRUGS AND MAGIC REMEDIES (OBJECTIONABLE ADVERTISEMENTS) RULES, 1955
 

1. Prohibition of misleading advertisement of certain drugs(sections 3 – 6)

2. Powers of Central and State Government.

Unit-4
Teaching Hours:8
THE DRUGS AND MAGIC REMEDIES (OBJECTIONABLE ADVERTISEMENTS) ACT, 1954 AND THE DRUGS AND MAGIC REMEDIES (OBJECTIONABLE ADVERTISEMENTS) RULES, 1955
 

1. Prohibition of misleading advertisement of certain drugs(sections 3 – 6)

2. Powers of Central and State Government.

Unit-4
Teaching Hours:8
THE DRUGS AND MAGIC REMEDIES (OBJECTIONABLE ADVERTISEMENTS) ACT, 1954 AND THE DRUGS AND MAGIC REMEDIES (OBJECTIONABLE ADVERTISEMENTS) RULES, 1955
 

1. Prohibition of misleading advertisement of certain drugs(sections 3 – 6)

2. Powers of Central and State Government.

Unit-5
Teaching Hours:4
DRUGS (PRICES CONTROL) ORDER, 1995
 

1. Power conferred on the Government

2. National Pharmaceutical Pricing Authority

3. Penalties

Unit-5
Teaching Hours:4
DRUGS (PRICES CONTROL) ORDER, 1995
 

1. Power conferred on the Government

2. National Pharmaceutical Pricing Authority

3. Penalties

Unit-5
Teaching Hours:4
DRUGS (PRICES CONTROL) ORDER, 1995
 

1. Power conferred on the Government

2. National Pharmaceutical Pricing Authority

3. Penalties

Unit-5
Teaching Hours:4
DRUGS (PRICES CONTROL) ORDER, 1995
 

1. Power conferred on the Government

2. National Pharmaceutical Pricing Authority

3. Penalties

Unit-5
Teaching Hours:4
DRUGS (PRICES CONTROL) ORDER, 1995
 

1. Power conferred on the Government

2. National Pharmaceutical Pricing Authority

3. Penalties

Unit-5
Teaching Hours:4
DRUGS (PRICES CONTROL) ORDER, 1995
 

1. Power conferred on the Government

2. National Pharmaceutical Pricing Authority

3. Penalties

Unit-6
Teaching Hours:12
NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985
 

1. Definitions (15 definitions)

2. Narcotic control Bureau , Authorities and officers

Unit-6
Teaching Hours:12
NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985
 

1. Definitions (15 definitions)

2. Narcotic control Bureau , Authorities and officers

Unit-6
Teaching Hours:12
NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985
 

1. Definitions (15 definitions)

2. Narcotic control Bureau , Authorities and officers

Unit-6
Teaching Hours:12
NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985
 

1. Definitions (15 definitions)

2. Narcotic control Bureau , Authorities and officers

Unit-6
Teaching Hours:12
NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985
 

1. Definitions (15 definitions)

2. Narcotic control Bureau , Authorities and officers

Unit-6
Teaching Hours:12
NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985
 

1. Definitions (15 definitions)

2. Narcotic control Bureau , Authorities and officers

Text Books And Reference Books:

1.  Drugs and Cosmetics Act,1940 and Rules 1945 , Ranjan Magazine,1st Edition 2012, CBS Publication

2. Handbook on Cosmetics , S.K.Sinha,2010, Asia Pacific Business Press Inc

 

3. Manual of Drugs And Cosmetic Laws, Metropolitan Book Co.

Legislation:

1. Drugs and Cosmetics Act, 1940

2.  Narcotic Drugs and Psychotropic Substances Act, 1985

3. The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954

4. Drugs Control Act, 1950

 

5. The Pharmacy Act , 1948

 

 

 

Essential Reading / Recommended Reading

1.  Law relating to Drugs & Cosmetics , Vijay Malik, 25th Edition 2016, Eastern Book Company.

 

2. Commentary on Drugs and Cosmetics Act,1940 , Justice P.S.Narayana,1st Edition 2010,Asia Law

Evaluation Pattern

 

·         CIA I – Class Test                                           – 10%

·         CIA II – Mid Semester Examination            – 25%

·         CIA III –Assignment/Presentation                  – 10%

·         Attendance                                                     – 05%

·         End Semester Examination                           – 50%

 

                                                                               TOTAL 100%

LAW885D - INTERNATIONAL INVESTMENT LAW (2021 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

International investment law is one of the fastest growing areas of international law. It has led to the signing of thousands of agreements, mostly in the form of investment contracts and bilateral investment treaties. There has been an exponential growth in the number of disputes being resolved by investment arbitration tribunals. The course will examine the background to the current international investment law regime and the sources of international investment law. Secondly, to understand the law of international investment treaties, particularly with respect to its origin, structure, content and effects with the help of decided cases and its application in the settlement of International Investment disputes.

The Course aims:

  • To encompass the history, development and under the dynamics that led to evolution of international investment law
  • To interpret the provisions of bilateral treaties and to balance between the protection of foreign investors and the right of host States to regulate in order to protect public welfare objectives
  • To introduce the application of international norms relating to international investments, with a close focus on the treaty texts and the arbitral case-law
  • To discover the legitimacy of arbitration tribunals to decide on disputes between host States and foreign investors
  • To provide a critical perspective on the function and future development of international investment law

Learning Outcome

CO1: Identify the advantages in permitting foreign investments.

CO2: List out the basic components of an international investment treaty

CO3: Evaluate and point out the deficiencies in the current systems of international investment arbitration.

CO4: Analyze the norms adopted by the international arbitrators in prospective disputes.

Unit-1
Teaching Hours:10
Introduction to International Investment Law
 

International investment Law as a field of study, Business Nature of a foreign Investment, Host State Sovereignty and the rules of foreign Investment, History of International Law on Foreign Investment,Sources of International Law on Foreign Investment.

Unit-1
Teaching Hours:10
Introduction to International Investment Law
 

International investment Law as a field of study, Business Nature of a foreign Investment, Host State Sovereignty and the rules of foreign Investment, History of International Law on Foreign Investment,Sources of International Law on Foreign Investment.

Unit-1
Teaching Hours:10
Introduction to International Investment Law
 

International investment Law as a field of study, Business Nature of a foreign Investment, Host State Sovereignty and the rules of foreign Investment, History of International Law on Foreign Investment,Sources of International Law on Foreign Investment.

Unit-1
Teaching Hours:10
Introduction to International Investment Law
 

International investment Law as a field of study, Business Nature of a foreign Investment, Host State Sovereignty and the rules of foreign Investment, History of International Law on Foreign Investment,Sources of International Law on Foreign Investment.

Unit-1
Teaching Hours:10
Introduction to International Investment Law
 

International investment Law as a field of study, Business Nature of a foreign Investment, Host State Sovereignty and the rules of foreign Investment, History of International Law on Foreign Investment,Sources of International Law on Foreign Investment.

Unit-1
Teaching Hours:10
Introduction to International Investment Law
 

International investment Law as a field of study, Business Nature of a foreign Investment, Host State Sovereignty and the rules of foreign Investment, History of International Law on Foreign Investment,Sources of International Law on Foreign Investment.

Unit-2
Teaching Hours:15
Foreign Investment Transactions and Domestic Investment Regulations
 

Meaning of Foreign Direct Investment, Domestic Regulations on Foreign Direct Investment in India,Methods of Control by Host States in Foreign Investment, Forms of International Investment

Unit-2
Teaching Hours:15
Foreign Investment Transactions and Domestic Investment Regulations
 

Meaning of Foreign Direct Investment, Domestic Regulations on Foreign Direct Investment in India,Methods of Control by Host States in Foreign Investment, Forms of International Investment

Unit-2
Teaching Hours:15
Foreign Investment Transactions and Domestic Investment Regulations
 

Meaning of Foreign Direct Investment, Domestic Regulations on Foreign Direct Investment in India,Methods of Control by Host States in Foreign Investment, Forms of International Investment

Unit-2
Teaching Hours:15
Foreign Investment Transactions and Domestic Investment Regulations
 

Meaning of Foreign Direct Investment, Domestic Regulations on Foreign Direct Investment in India,Methods of Control by Host States in Foreign Investment, Forms of International Investment

Unit-2
Teaching Hours:15
Foreign Investment Transactions and Domestic Investment Regulations
 

Meaning of Foreign Direct Investment, Domestic Regulations on Foreign Direct Investment in India,Methods of Control by Host States in Foreign Investment, Forms of International Investment

Unit-2
Teaching Hours:15
Foreign Investment Transactions and Domestic Investment Regulations
 

Meaning of Foreign Direct Investment, Domestic Regulations on Foreign Direct Investment in India,Methods of Control by Host States in Foreign Investment, Forms of International Investment

Unit-3
Teaching Hours:15
International Investment Treaties
 

Bilateral Investment Treaties (BIT), Interpretation of Investment treaties, Application of Investment treaties in time.

Unit-3
Teaching Hours:15
International Investment Treaties
 

Bilateral Investment Treaties (BIT), Interpretation of Investment treaties, Application of Investment treaties in time.

Unit-3
Teaching Hours:15
International Investment Treaties
 

Bilateral Investment Treaties (BIT), Interpretation of Investment treaties, Application of Investment treaties in time.

Unit-3
Teaching Hours:15
International Investment Treaties
 

Bilateral Investment Treaties (BIT), Interpretation of Investment treaties, Application of Investment treaties in time.

Unit-3
Teaching Hours:15
International Investment Treaties
 

Bilateral Investment Treaties (BIT), Interpretation of Investment treaties, Application of Investment treaties in time.

Unit-3
Teaching Hours:15
International Investment Treaties
 

Bilateral Investment Treaties (BIT), Interpretation of Investment treaties, Application of Investment treaties in time.

Unit-4
Teaching Hours:10
Settlement of Investment Disputes
 

Contract based arbitration, Internationalization of State Contracts,Treaty Based Investment arbitration: Jurisdictional Issues. Jurisdiction rationemateriae( The Subject matter of the dispute), Jurisdiction ratione personae(Parties to the dispute),Consent to arbitration, Applicability of MFN clauses to dispute settlement , Challenge and Review of decisions, Enforcement of awards.

Unit-4
Teaching Hours:10
Settlement of Investment Disputes
 

Contract based arbitration, Internationalization of State Contracts,Treaty Based Investment arbitration: Jurisdictional Issues. Jurisdiction rationemateriae( The Subject matter of the dispute), Jurisdiction ratione personae(Parties to the dispute),Consent to arbitration, Applicability of MFN clauses to dispute settlement , Challenge and Review of decisions, Enforcement of awards.

Unit-4
Teaching Hours:10
Settlement of Investment Disputes
 

Contract based arbitration, Internationalization of State Contracts,Treaty Based Investment arbitration: Jurisdictional Issues. Jurisdiction rationemateriae( The Subject matter of the dispute), Jurisdiction ratione personae(Parties to the dispute),Consent to arbitration, Applicability of MFN clauses to dispute settlement , Challenge and Review of decisions, Enforcement of awards.

Unit-4
Teaching Hours:10
Settlement of Investment Disputes
 

Contract based arbitration, Internationalization of State Contracts,Treaty Based Investment arbitration: Jurisdictional Issues. Jurisdiction rationemateriae( The Subject matter of the dispute), Jurisdiction ratione personae(Parties to the dispute),Consent to arbitration, Applicability of MFN clauses to dispute settlement , Challenge and Review of decisions, Enforcement of awards.

Unit-4
Teaching Hours:10
Settlement of Investment Disputes
 

Contract based arbitration, Internationalization of State Contracts,Treaty Based Investment arbitration: Jurisdictional Issues. Jurisdiction rationemateriae( The Subject matter of the dispute), Jurisdiction ratione personae(Parties to the dispute),Consent to arbitration, Applicability of MFN clauses to dispute settlement , Challenge and Review of decisions, Enforcement of awards.

Unit-4
Teaching Hours:10
Settlement of Investment Disputes
 

Contract based arbitration, Internationalization of State Contracts,Treaty Based Investment arbitration: Jurisdictional Issues. Jurisdiction rationemateriae( The Subject matter of the dispute), Jurisdiction ratione personae(Parties to the dispute),Consent to arbitration, Applicability of MFN clauses to dispute settlement , Challenge and Review of decisions, Enforcement of awards.

Unit-5
Teaching Hours:10
Jurisdictional Issues in International Investment arbitration
 

Conventions and institutions in international investment arbitration – an over view, ICSID (international centre for settlement of investment disputes), UNCITRAL (united nations convention on international trade law), ICC ( international chamber of commerce), SCC (stockholm chamber of commerce), claims on merits, expropriation Fair and Equitable Treatment and Related Claims, The Umbrella Clause, Most Favoured Nation Clause.

Unit-5
Teaching Hours:10
Jurisdictional Issues in International Investment arbitration
 

Conventions and institutions in international investment arbitration – an over view, ICSID (international centre for settlement of investment disputes), UNCITRAL (united nations convention on international trade law), ICC ( international chamber of commerce), SCC (stockholm chamber of commerce), claims on merits, expropriation Fair and Equitable Treatment and Related Claims, The Umbrella Clause, Most Favoured Nation Clause.

Unit-5
Teaching Hours:10
Jurisdictional Issues in International Investment arbitration
 

Conventions and institutions in international investment arbitration – an over view, ICSID (international centre for settlement of investment disputes), UNCITRAL (united nations convention on international trade law), ICC ( international chamber of commerce), SCC (stockholm chamber of commerce), claims on merits, expropriation Fair and Equitable Treatment and Related Claims, The Umbrella Clause, Most Favoured Nation Clause.

Unit-5
Teaching Hours:10
Jurisdictional Issues in International Investment arbitration
 

Conventions and institutions in international investment arbitration – an over view, ICSID (international centre for settlement of investment disputes), UNCITRAL (united nations convention on international trade law), ICC ( international chamber of commerce), SCC (stockholm chamber of commerce), claims on merits, expropriation Fair and Equitable Treatment and Related Claims, The Umbrella Clause, Most Favoured Nation Clause.

Unit-5
Teaching Hours:10
Jurisdictional Issues in International Investment arbitration
 

Conventions and institutions in international investment arbitration – an over view, ICSID (international centre for settlement of investment disputes), UNCITRAL (united nations convention on international trade law), ICC ( international chamber of commerce), SCC (stockholm chamber of commerce), claims on merits, expropriation Fair and Equitable Treatment and Related Claims, The Umbrella Clause, Most Favoured Nation Clause.

Unit-5
Teaching Hours:10
Jurisdictional Issues in International Investment arbitration
 

Conventions and institutions in international investment arbitration – an over view, ICSID (international centre for settlement of investment disputes), UNCITRAL (united nations convention on international trade law), ICC ( international chamber of commerce), SCC (stockholm chamber of commerce), claims on merits, expropriation Fair and Equitable Treatment and Related Claims, The Umbrella Clause, Most Favoured Nation Clause.

Text Books And Reference Books:

Rudolf Dozler and Christopher Scheruer ‘Principles of International Investment Law’ OUP,(2008)Chapter-1 Pg No. 1-30

 Page 81 of 94

2. JeswaldW.Salacuse, ‘The Law of Investment Treaties’OUP,(2010)Chapter 2(Pg no.18-37)Also Chapter -3,Pg.42-78

3. M.Sornaraj, ‘ International Law on Foreign Investment’3 rd Edn, Cambridge University Press(2010)Chapter-1 Pg.no.1-19 also Pg no.79-87

4. “ Definition of Investor and Investment in International Investment Agreements” International Investment Law: Understanding the concepts and Tracking Innovations, Published by OECD(2008) ( Pg no. 3- 55) http://www.oecd.org/daf/inv/internationalinvestmentagreements/40471468.pdf

5. Howard Mann, “Re conceptualizing the International Investment Law” 17 :2 Lewis and Clark Law Review( 2013) http://www.iisd.org/pdf/2013/reconceptualizing_investment_law.pdf

6. Stephen W. Schill, “International Investment Law and Comparative Public Law: Ways out of legitimacy crisis”(2011) paper presented at the Investment Law Forum http://www.iilj.org/research/documents/if2010-11.schill.pdf

7. Kate Miles, “International Investment Law: Origins, Imperialism and Conceptualizing the Environment” 21 Columbia Journal of International Environmental Law and Policy 1 ( 2010) Available at http://heinonline.org

8. Stephen W. Schill, “Enhancing International Investment Laws Legitimacy: Conceptual and methodological foundations of a New Public Law approach” 52 Virginia Journal of International Law 57 (2011). Available at http://heinonline.org

9. Thomas Weilde, “International Law of Foreign Investment: Towards Regulation by Multilateral Treaties” 1999 Business Law International 50. Available at http://heinonline.org

10. Rachel J.Anderson , “Towards Global Corporate Citizenship: Reframing Foreign Direct Investment Law” 18 Michigan State International Law Journal 18:1(2010). Available at http://heinonline.org

11. Kulwinder Singh, “ Foreign Direct Investment in India: Critical analysis of FDI from 1991-2005” available at http://papers.ssrn.com/sol3/papers.cfm

12. Susan D.Franck, “Foreign Direct Investment, Investment treaty arbitration and the Rule of Law”McGeorge Global Business and Development Law Journal, Vol. 19, p. 337, 2007  Available at http://ssrn.com

 

Essential Reading / Recommended Reading

Substantive protection under Investment Treaties –A legal economic analysis Jonathan Bonnticha Cambridge University Press -2014

2. The Three Laws of International Investments – National, Contractual and International frameworks for foreign capital Jeswald Salacuse Oxford University Press 2013

3. Foreign Investments, International Law and common concerns –Tullio Treves Routledge Publishers 2014

4. Foundations of International Investment Law Zachary Douglas Oxford University Press 2014

5. Treaty shopping in International Investment Law Jorun Baumgartner Oxford University Press 2016

6. International Trade and Investment Law Rafael Leal –Arcas Publishers Edward Elgar 2010

7. Settlement of Foreign disputes M.Sornarajah Kluwer Law International 2000

8. The Law of International Treaties Jeswald W.Salacuse Oxford University Press 2010  

Articles

1. Breach of Treaty Claims and Breach of Contract Claims: Is it still unknown territory?" in Arbitration under International Investment Agreements: A guide to the key issues, pp.323-350. by Mr. Stanimir A. Alexandrov (Washington DC., United States)20/10/2016http://www.arbitration-icca.org/articles.html

2. "International Arbitration as a Transnational System of Justice," in Arbitration - The Next Fifty Years, ICCA Congress Series No. 16, 2012, pp.66-73. by Prof. Dr. Emmanuel Gaillard (Shearman & Sterling LLP, Paris, France)18/10/2016   2016 http://www.arbitration-icca.org/articles.html
3. Karl-Heinz Böckstiegel, "Commercial and Investment Arbitration: How Different are they Today? (Lalive Lecture 2012), in 28 Arbitration International (2012, no. 4) by Prof. Dr. Karl-Heinz Böckstiegel (Bergisch-Gladbach, Germany) http://www.arbitration-icca.org/articles.html

4. Necessity in International Investment Law: Some Critical Remarks on CMS v Argentina, Gazzini, Tarcisio J. Energy Nat. Resources L. 450 (2008)

5.Human Rights and International Investment Arbitration By Clara Reiner and Christoph Schreuer http://www.univie.ac.at/intlaw/h_rights_int_invest_arbitr.pdf

6. Interpreting Investment TreatiesRoberto Castro de FigueiredoTauil & Chequer in association with Mayer Brown LLP/October 21, 2014 /

http://arbitrationblog.kluwerarbitration.com/2014/10/21/interpreting-investment-treaties/

7. Cart Before the Horse: Can MFN Clauses Expand the Key Definitions in Investment Treaties?

Louise BarberHerbert Smith Freehills/September 2, 2014http://arbitrationblog.kluwerarbitration.com/category/investment-arbitration/

8.The Futility Exception to The Exhaustion Requirement: Apotex v. United States Kluwer Arbitration Blog August 25, 2014 Julian Davis Mortenson University of Michigan Law School http://arbitrationblog.kluwerarbitration.com/2014/08/25/t

9.“White Industries” and State Responsibility: Lesser-Known Facts about the Case as discussed during the 2014 ICCA Young Arbitration Practitioners Conference Kluwer Arbitration Blog June 30, 2014

10.Predictability versus Flexibility: Secrecy in International Investment Arbitration Emilie M. Hafner-Burton, Zachary C. Steinert-Threlkeld, David G. VictorWorld Politics, Volume 68, Number 3, July 2016, pp. 413-453 Published by Cambridge University Presshttps://muse.jhu.edu/article/621688/pdf

11.  Consent to Arbitration Through National Investment Legislation  Makane Moïse Mbengue July 19th, 2012    http://www.investmauritius.com/Mauritius.aspx.

 

Evaluation Pattern

 

·         CIA I – Class Test / Assignment / Presentation            – 10%

·         CIA II – Mid Semester Examination                                  – 25%

·         CIA III – Research Topic                                                     – 10%

·         Attendance                                                                            – 05%

·         End Semester Examination                                                – 50%

 

                                                                                                    TOTAL 100%

LAW885E - AIR AND SPACE LAW (2021 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

The primary focus of the course is to impart the concept and legal aspects relating to aviation and space laws at international and national levels. Aviation industry is growing fast globally. International and national civil aviation sector is significant from legal and economic perspective. Spatially outer space commences where air space ends and it is commonly misconstrued that space law and air law have the same fundamental principles but contrary to it the two fields are remarkably distinct branches of international law. Space Law is not an extension of air law, or a continuation of it. The principal difference between the legal regimes governing air space and outer space is that the air space above a state’s territory is subject to exclusive sovereignty of respective State. Outer space is not subject to sovereignty of any states. Aviation laws and air transport are significant in the present and future centuries. Freedom of air space and sovereignty are two disputed aspects

 

in the international aviation sector.

 

Learning Outcome

CO1: To explain the historical development of air laws in international and national perspectives

CO2: To evaluate the fundamental principles of aviation law.

CO3: To analyse the developing areas of aviation law.

CO4: To interpret and infer airport laws in consonance with the national and local needs.

CO5: To critically analyse aviation law and its implications on environmental values applicable both at national and international levels. This would be in consonance with the sustainable development goal 15.

CO6: To examine the dispute settlement mechanism in aviation laws and be able to suggest solutions for aviation disputes.

CO7: To decipher the features and elements of outer space law

Unit-1
Teaching Hours:10
Introduction to Air Law
 

Definition, Nature, Scope, and Sources of Air Law: Freedom and Sovereignty in the

 

Air Development of Air Law: Origin of Air Law-Theories of Airspace-Aerial Navigation

 

Basic Principles of Air Law: Principle of Exclusive and Total Sovereignty of State over

 

their Air Space-Principle of the Freedom of the Fighters in International Air Space,

 

Principle of Ensuring the Security of International Civil Aviation Organization (ICAO)

 

Conventions relating to Aerial Navigation: Paris Convention, 1919-Havana

 

Convention, 1928-Warsaw Convention,1929-Chicago Convention, 1944

 

International Civil Aviation Organization (ICAO): Organizational Structure Legislative-

 

Administrative and Judicial Functions-Dispute Settlement Mechanism of ICAO

 

Unit-1
Teaching Hours:10
Introduction to Air Law
 

Definition, Nature, Scope, and Sources of Air Law: Freedom and Sovereignty in the

 

Air Development of Air Law: Origin of Air Law-Theories of Airspace-Aerial Navigation

 

Basic Principles of Air Law: Principle of Exclusive and Total Sovereignty of State over

 

their Air Space-Principle of the Freedom of the Fighters in International Air Space,

 

Principle of Ensuring the Security of International Civil Aviation Organization (ICAO)

 

Conventions relating to Aerial Navigation: Paris Convention, 1919-Havana

 

Convention, 1928-Warsaw Convention,1929-Chicago Convention, 1944

 

International Civil Aviation Organization (ICAO): Organizational Structure Legislative-

 

Administrative and Judicial Functions-Dispute Settlement Mechanism of ICAO

 

Unit-1
Teaching Hours:10
Introduction to Air Law
 

Definition, Nature, Scope, and Sources of Air Law: Freedom and Sovereignty in the

 

Air Development of Air Law: Origin of Air Law-Theories of Airspace-Aerial Navigation

 

Basic Principles of Air Law: Principle of Exclusive and Total Sovereignty of State over

 

their Air Space-Principle of the Freedom of the Fighters in International Air Space,

 

Principle of Ensuring the Security of International Civil Aviation Organization (ICAO)

 

Conventions relating to Aerial Navigation: Paris Convention, 1919-Havana

 

Convention, 1928-Warsaw Convention,1929-Chicago Convention, 1944

 

International Civil Aviation Organization (ICAO): Organizational Structure Legislative-

 

Administrative and Judicial Functions-Dispute Settlement Mechanism of ICAO

 

Unit-1
Teaching Hours:10
Introduction to Air Law
 

Definition, Nature, Scope, and Sources of Air Law: Freedom and Sovereignty in the

 

Air Development of Air Law: Origin of Air Law-Theories of Airspace-Aerial Navigation

 

Basic Principles of Air Law: Principle of Exclusive and Total Sovereignty of State over

 

their Air Space-Principle of the Freedom of the Fighters in International Air Space,

 

Principle of Ensuring the Security of International Civil Aviation Organization (ICAO)

 

Conventions relating to Aerial Navigation: Paris Convention, 1919-Havana

 

Convention, 1928-Warsaw Convention,1929-Chicago Convention, 1944

 

International Civil Aviation Organization (ICAO): Organizational Structure Legislative-

 

Administrative and Judicial Functions-Dispute Settlement Mechanism of ICAO

 

Unit-2
Teaching Hours:10
Fundamentals of Aviation Law
 

International Air Law: Origin & Development of Aviation Law in USA, UK, & EU

 

Chicago Convention and the Fundamental Principles: Scheduled and Non-Scheduled

 

Air Traffic-Airline Cooperation-Nationality of Aircrafts-Rules on Airports-Jurisdiction

 

Carriers’ Liability under the Warsaw Convention: Applicability-Carriage Documents-

 

Extent of the Liability of Carrier-Duration of the Liability-Jurisdiction and Procedural

 

Aspects Domestic Air Law: Aircraft Regulations Pre & Post-Aircraft Act, 1934-Aircraft Rules, 1937 & Related Amendments, Development of International Legal Regime: Implementation of International Air Law in India

 

Unit-2
Teaching Hours:10
Fundamentals of Aviation Law
 

International Air Law: Origin & Development of Aviation Law in USA, UK, & EU

 

Chicago Convention and the Fundamental Principles: Scheduled and Non-Scheduled

 

Air Traffic-Airline Cooperation-Nationality of Aircrafts-Rules on Airports-Jurisdiction

 

Carriers’ Liability under the Warsaw Convention: Applicability-Carriage Documents-

 

Extent of the Liability of Carrier-Duration of the Liability-Jurisdiction and Procedural

 

Aspects Domestic Air Law: Aircraft Regulations Pre & Post-Aircraft Act, 1934-Aircraft Rules, 1937 & Related Amendments, Development of International Legal Regime: Implementation of International Air Law in India

 

Unit-2
Teaching Hours:10
Fundamentals of Aviation Law
 

International Air Law: Origin & Development of Aviation Law in USA, UK, & EU

 

Chicago Convention and the Fundamental Principles: Scheduled and Non-Scheduled

 

Air Traffic-Airline Cooperation-Nationality of Aircrafts-Rules on Airports-Jurisdiction

 

Carriers’ Liability under the Warsaw Convention: Applicability-Carriage Documents-

 

Extent of the Liability of Carrier-Duration of the Liability-Jurisdiction and Procedural

 

Aspects Domestic Air Law: Aircraft Regulations Pre & Post-Aircraft Act, 1934-Aircraft Rules, 1937 & Related Amendments, Development of International Legal Regime: Implementation of International Air Law in India

 

Unit-2
Teaching Hours:10
Fundamentals of Aviation Law
 

International Air Law: Origin & Development of Aviation Law in USA, UK, & EU

 

Chicago Convention and the Fundamental Principles: Scheduled and Non-Scheduled

 

Air Traffic-Airline Cooperation-Nationality of Aircrafts-Rules on Airports-Jurisdiction

 

Carriers’ Liability under the Warsaw Convention: Applicability-Carriage Documents-

 

Extent of the Liability of Carrier-Duration of the Liability-Jurisdiction and Procedural

 

Aspects Domestic Air Law: Aircraft Regulations Pre & Post-Aircraft Act, 1934-Aircraft Rules, 1937 & Related Amendments, Development of International Legal Regime: Implementation of International Air Law in India

 

Unit-3
Teaching Hours:10
Aviation Law on Safety and Security
 

Legal Regime Governing Crimes on Board Aircrafts: Problem of Jurisdiction and

 

Applicable Laws to try the Offenses on Board Aircrafts-Aviation Terrorism

 

Aircraft Hijacking: The Tokyo Convention-The Hague Convention to Combat

 

Hijacking-The Montreal Convention and the Safety of Civil Aviation- Convention on

 

the Suppression of Unlawful Acts Relating to International Civil Aviation, 2010

 

Security Regulations: ICAO & Directorate General of Civil Aviation (DGCA) Regulatory

 

Approach on Safety Regulations in India: Air Safety Provisions, Air Space & Air Traffic Management- Airline Management-State obligation to Provide Air Navigation Services

 

New Development in Air Law: Technological Development and Problem in Civil

 

Aviation- Airport Management, Problems in Application of Air Laws-Liability in

International Civil Aviation.

Unit-3
Teaching Hours:10
Aviation Law on Safety and Security
 

Legal Regime Governing Crimes on Board Aircrafts: Problem of Jurisdiction and

 

Applicable Laws to try the Offenses on Board Aircrafts-Aviation Terrorism

 

Aircraft Hijacking: The Tokyo Convention-The Hague Convention to Combat

 

Hijacking-The Montreal Convention and the Safety of Civil Aviation- Convention on

 

the Suppression of Unlawful Acts Relating to International Civil Aviation, 2010

 

Security Regulations: ICAO & Directorate General of Civil Aviation (DGCA) Regulatory

 

Approach on Safety Regulations in India: Air Safety Provisions, Air Space & Air Traffic Management- Airline Management-State obligation to Provide Air Navigation Services

 

New Development in Air Law: Technological Development and Problem in Civil

 

Aviation- Airport Management, Problems in Application of Air Laws-Liability in

International Civil Aviation.

Unit-3
Teaching Hours:10
Aviation Law on Safety and Security
 

Legal Regime Governing Crimes on Board Aircrafts: Problem of Jurisdiction and

 

Applicable Laws to try the Offenses on Board Aircrafts-Aviation Terrorism

 

Aircraft Hijacking: The Tokyo Convention-The Hague Convention to Combat

 

Hijacking-The Montreal Convention and the Safety of Civil Aviation- Convention on

 

the Suppression of Unlawful Acts Relating to International Civil Aviation, 2010

 

Security Regulations: ICAO & Directorate General of Civil Aviation (DGCA) Regulatory

 

Approach on Safety Regulations in India: Air Safety Provisions, Air Space & Air Traffic Management- Airline Management-State obligation to Provide Air Navigation Services

 

New Development in Air Law: Technological Development and Problem in Civil

 

Aviation- Airport Management, Problems in Application of Air Laws-Liability in

International Civil Aviation.

Unit-3
Teaching Hours:10
Aviation Law on Safety and Security
 

Legal Regime Governing Crimes on Board Aircrafts: Problem of Jurisdiction and

 

Applicable Laws to try the Offenses on Board Aircrafts-Aviation Terrorism

 

Aircraft Hijacking: The Tokyo Convention-The Hague Convention to Combat

 

Hijacking-The Montreal Convention and the Safety of Civil Aviation- Convention on

 

the Suppression of Unlawful Acts Relating to International Civil Aviation, 2010

 

Security Regulations: ICAO & Directorate General of Civil Aviation (DGCA) Regulatory

 

Approach on Safety Regulations in India: Air Safety Provisions, Air Space & Air Traffic Management- Airline Management-State obligation to Provide Air Navigation Services

 

New Development in Air Law: Technological Development and Problem in Civil

 

Aviation- Airport Management, Problems in Application of Air Laws-Liability in

International Civil Aviation.

Unit-4
Teaching Hours:10
Aviation Liability and Law on Air Transport
 

Product Liability in Aviation: Concept of Product Liability-Strict Liability in

 

Aviation Crashworthiness-Punitive Damages-Codification of Product Liability

 

Liability Insurance in Aviation: Development of Aviation Liability Insurance-Risk

 

Evaluation-Aviation Hull Insurance-Carriers’ Liability Insurance-Flying Personnel

 

Insurance-Insurance against Hijacking of Aircrafts. Liability for Damage Caused on Surface and During Collisions: Non-applicability of the Warsaw System-Relevance of the Rome Convention and Montreal Protocol-Risk Liability of the Operator-Liability for Noise, Sonic Boom and Crop-Dusting Air Collisions, Carrier Liability: Air Carrier Liability for Passenger Death or Injury-Loss and Damage of Air Freight-Surface Liability-Manufacturer Liability

 

Law on Air Transport: Bilateral Air Transport Agreements-Traffic Rights and Air

 

Transport Agreements-Competition Law and Air Alliances.

 

Unit-4
Teaching Hours:10
Aviation Liability and Law on Air Transport
 

Product Liability in Aviation: Concept of Product Liability-Strict Liability in

 

Aviation Crashworthiness-Punitive Damages-Codification of Product Liability

 

Liability Insurance in Aviation: Development of Aviation Liability Insurance-Risk

 

Evaluation-Aviation Hull Insurance-Carriers’ Liability Insurance-Flying Personnel

 

Insurance-Insurance against Hijacking of Aircrafts. Liability for Damage Caused on Surface and During Collisions: Non-applicability of the Warsaw System-Relevance of the Rome Convention and Montreal Protocol-Risk Liability of the Operator-Liability for Noise, Sonic Boom and Crop-Dusting Air Collisions, Carrier Liability: Air Carrier Liability for Passenger Death or Injury-Loss and Damage of Air Freight-Surface Liability-Manufacturer Liability

 

Law on Air Transport: Bilateral Air Transport Agreements-Traffic Rights and Air

 

Transport Agreements-Competition Law and Air Alliances.

 

Unit-4
Teaching Hours:10
Aviation Liability and Law on Air Transport
 

Product Liability in Aviation: Concept of Product Liability-Strict Liability in

 

Aviation Crashworthiness-Punitive Damages-Codification of Product Liability

 

Liability Insurance in Aviation: Development of Aviation Liability Insurance-Risk

 

Evaluation-Aviation Hull Insurance-Carriers’ Liability Insurance-Flying Personnel

 

Insurance-Insurance against Hijacking of Aircrafts. Liability for Damage Caused on Surface and During Collisions: Non-applicability of the Warsaw System-Relevance of the Rome Convention and Montreal Protocol-Risk Liability of the Operator-Liability for Noise, Sonic Boom and Crop-Dusting Air Collisions, Carrier Liability: Air Carrier Liability for Passenger Death or Injury-Loss and Damage of Air Freight-Surface Liability-Manufacturer Liability

 

Law on Air Transport: Bilateral Air Transport Agreements-Traffic Rights and Air

 

Transport Agreements-Competition Law and Air Alliances.

 

Unit-4
Teaching Hours:10
Aviation Liability and Law on Air Transport
 

Product Liability in Aviation: Concept of Product Liability-Strict Liability in

 

Aviation Crashworthiness-Punitive Damages-Codification of Product Liability

 

Liability Insurance in Aviation: Development of Aviation Liability Insurance-Risk

 

Evaluation-Aviation Hull Insurance-Carriers’ Liability Insurance-Flying Personnel

 

Insurance-Insurance against Hijacking of Aircrafts. Liability for Damage Caused on Surface and During Collisions: Non-applicability of the Warsaw System-Relevance of the Rome Convention and Montreal Protocol-Risk Liability of the Operator-Liability for Noise, Sonic Boom and Crop-Dusting Air Collisions, Carrier Liability: Air Carrier Liability for Passenger Death or Injury-Loss and Damage of Air Freight-Surface Liability-Manufacturer Liability

 

Law on Air Transport: Bilateral Air Transport Agreements-Traffic Rights and Air

 

Transport Agreements-Competition Law and Air Alliances.

 

Unit-5
Teaching Hours:10
Introduction to Space Law
 

Nature, Definition & Scope of Space Law: Development and Sources-Demarcation of

 

Outer Space-Space Technology-Use of Space Technology-Remote Sensing-Disaster

 

Prediction, Warning and Mitigation-Management of Earth Resources-Satellite

 

Navigation and Location-Space Communication-Satellite Broadcasting and

 

Telecommunication, Development of the Space Law: UN General Assembly Resolutions-International Cooperation for Peaceful Use-Shift from Air Law to Space Law

 

Fundamental Principles: Province of all Mankind-Freedom of Exploration, Use and

 

Scientific Investigation-Jurisdiction and Control-Cooperation between the States,

 

Astronauts-Envoys of Mankind. Space Treaties: Space Treaty,1967-Rescue Agreement, 1968-Liability Convention, 1975-Registration Convention, 1975-Moon Treaty, 1979-Partial Test Ban Treaty 1963Weather Modification Convention, 1977 International and Inter-Governmental Organizations: Bilateral Agreement in Space Activity-Organization of Space Activities-Department of Space (DOS) and Indian Space Research Organization (ISRO).

 

Unit-5
Teaching Hours:10
Introduction to Space Law
 

Nature, Definition & Scope of Space Law: Development and Sources-Demarcation of

 

Outer Space-Space Technology-Use of Space Technology-Remote Sensing-Disaster

 

Prediction, Warning and Mitigation-Management of Earth Resources-Satellite

 

Navigation and Location-Space Communication-Satellite Broadcasting and

 

Telecommunication, Development of the Space Law: UN General Assembly Resolutions-International Cooperation for Peaceful Use-Shift from Air Law to Space Law

 

Fundamental Principles: Province of all Mankind-Freedom of Exploration, Use and

 

Scientific Investigation-Jurisdiction and Control-Cooperation between the States,

 

Astronauts-Envoys of Mankind. Space Treaties: Space Treaty,1967-Rescue Agreement, 1968-Liability Convention, 1975-Registration Convention, 1975-Moon Treaty, 1979-Partial Test Ban Treaty 1963Weather Modification Convention, 1977 International and Inter-Governmental Organizations: Bilateral Agreement in Space Activity-Organization of Space Activities-Department of Space (DOS) and Indian Space Research Organization (ISRO).

 

Unit-5
Teaching Hours:10
Introduction to Space Law
 

Nature, Definition & Scope of Space Law: Development and Sources-Demarcation of

 

Outer Space-Space Technology-Use of Space Technology-Remote Sensing-Disaster

 

Prediction, Warning and Mitigation-Management of Earth Resources-Satellite

 

Navigation and Location-Space Communication-Satellite Broadcasting and

 

Telecommunication, Development of the Space Law: UN General Assembly Resolutions-International Cooperation for Peaceful Use-Shift from Air Law to Space Law

 

Fundamental Principles: Province of all Mankind-Freedom of Exploration, Use and

 

Scientific Investigation-Jurisdiction and Control-Cooperation between the States,

 

Astronauts-Envoys of Mankind. Space Treaties: Space Treaty,1967-Rescue Agreement, 1968-Liability Convention, 1975-Registration Convention, 1975-Moon Treaty, 1979-Partial Test Ban Treaty 1963Weather Modification Convention, 1977 International and Inter-Governmental Organizations: Bilateral Agreement in Space Activity-Organization of Space Activities-Department of Space (DOS) and Indian Space Research Organization (ISRO).

 

Unit-5
Teaching Hours:10
Introduction to Space Law
 

Nature, Definition & Scope of Space Law: Development and Sources-Demarcation of

 

Outer Space-Space Technology-Use of Space Technology-Remote Sensing-Disaster

 

Prediction, Warning and Mitigation-Management of Earth Resources-Satellite

 

Navigation and Location-Space Communication-Satellite Broadcasting and

 

Telecommunication, Development of the Space Law: UN General Assembly Resolutions-International Cooperation for Peaceful Use-Shift from Air Law to Space Law

 

Fundamental Principles: Province of all Mankind-Freedom of Exploration, Use and

 

Scientific Investigation-Jurisdiction and Control-Cooperation between the States,

 

Astronauts-Envoys of Mankind. Space Treaties: Space Treaty,1967-Rescue Agreement, 1968-Liability Convention, 1975-Registration Convention, 1975-Moon Treaty, 1979-Partial Test Ban Treaty 1963Weather Modification Convention, 1977 International and Inter-Governmental Organizations: Bilateral Agreement in Space Activity-Organization of Space Activities-Department of Space (DOS) and Indian Space Research Organization (ISRO).

 

Unit-6
Teaching Hours:10
Space Law and Other Regulatory Issues
 

Liability and Registration: Launching State and Registering State-Liability and

 

Responsibility Regime under the Outer Space Treaty-Absolute Liability and Fault

 

Liability- State Liability & Responsibility for Private Space Activities-Registration and

 

Identification, System of Financing Outer Space Activities: Increasing Private Space Activities-Asset Based Financing-UNIDROIT Convention and Draft Space Protocol

 

National Space Legislation: Need for National Space Legislation-Commerce Oriented

 

Approach-US, Australian, Russian & UK Models-Indian Position. Current Development in Space Law: International Space Law Regime and Protection of Environment-Property Rights in Outer Space-Intellectual Property Rights Created in Outer Space-Space tourism. Emerging Issues of Space Settlements & Property Rights: Question of State Sovereignty and Claim of Property Rights-Human Habitation on the Moon and Other Celestial Bodies-Protection of the Space Environment-Demilitarization of the Outer Space-International Space Station-Inventions in Outer Space

 

Unit-6
Teaching Hours:10
Space Law and Other Regulatory Issues
 

Liability and Registration: Launching State and Registering State-Liability and

 

Responsibility Regime under the Outer Space Treaty-Absolute Liability and Fault

 

Liability- State Liability & Responsibility for Private Space Activities-Registration and

 

Identification, System of Financing Outer Space Activities: Increasing Private Space Activities-Asset Based Financing-UNIDROIT Convention and Draft Space Protocol

 

National Space Legislation: Need for National Space Legislation-Commerce Oriented

 

Approach-US, Australian, Russian & UK Models-Indian Position. Current Development in Space Law: International Space Law Regime and Protection of Environment-Property Rights in Outer Space-Intellectual Property Rights Created in Outer Space-Space tourism. Emerging Issues of Space Settlements & Property Rights: Question of State Sovereignty and Claim of Property Rights-Human Habitation on the Moon and Other Celestial Bodies-Protection of the Space Environment-Demilitarization of the Outer Space-International Space Station-Inventions in Outer Space

 

Unit-6
Teaching Hours:10
Space Law and Other Regulatory Issues
 

Liability and Registration: Launching State and Registering State-Liability and

 

Responsibility Regime under the Outer Space Treaty-Absolute Liability and Fault

 

Liability- State Liability & Responsibility for Private Space Activities-Registration and

 

Identification, System of Financing Outer Space Activities: Increasing Private Space Activities-Asset Based Financing-UNIDROIT Convention and Draft Space Protocol

 

National Space Legislation: Need for National Space Legislation-Commerce Oriented

 

Approach-US, Australian, Russian & UK Models-Indian Position. Current Development in Space Law: International Space Law Regime and Protection of Environment-Property Rights in Outer Space-Intellectual Property Rights Created in Outer Space-Space tourism. Emerging Issues of Space Settlements & Property Rights: Question of State Sovereignty and Claim of Property Rights-Human Habitation on the Moon and Other Celestial Bodies-Protection of the Space Environment-Demilitarization of the Outer Space-International Space Station-Inventions in Outer Space

 

Unit-6
Teaching Hours:10
Space Law and Other Regulatory Issues
 

Liability and Registration: Launching State and Registering State-Liability and

 

Responsibility Regime under the Outer Space Treaty-Absolute Liability and Fault

 

Liability- State Liability & Responsibility for Private Space Activities-Registration and

 

Identification, System of Financing Outer Space Activities: Increasing Private Space Activities-Asset Based Financing-UNIDROIT Convention and Draft Space Protocol

 

National Space Legislation: Need for National Space Legislation-Commerce Oriented

 

Approach-US, Australian, Russian & UK Models-Indian Position. Current Development in Space Law: International Space Law Regime and Protection of Environment-Property Rights in Outer Space-Intellectual Property Rights Created in Outer Space-Space tourism. Emerging Issues of Space Settlements & Property Rights: Question of State Sovereignty and Claim of Property Rights-Human Habitation on the Moon and Other Celestial Bodies-Protection of the Space Environment-Demilitarization of the Outer Space-International Space Station-Inventions in Outer Space

 

Text Books And Reference Books:

1.      Bin Cheng, Studies in International Space Law, Oxford: Clarendon Press, 1997.

2.    Sandeepa Bhat B. (ed.), Outer Space Law: From Theory to Practice, Hyderabad: Icfai University Press, 2009.

3.     Sandeepa Bhat B. (ed), Space Law in the Era of Commercialization, Lucknow: Eastern Book Company, 2010.

4.   I.H.Ph. Diederiks-Verschoor, An Introduction to Space Law, Second revised edition, Kluwer Law International, 2010.

5.      Shyamala D. and Sandeepa Bhat B., China’s Anti-Satellite Missile Test: Political and Legal Ramifications, in Sandeepa Bhat B. (ed.), Outer Space Law: From Theory to Practice, Hyderabad: Icfai University Press, 2009.

6.      Jitendra Kumar, The Geostationary Satellite Orbit: An Overview of Issues, in V.S Mani, S. Bhat and V. Balakista Reddy (eds), Recent Trends in International Space Law, 1997.

7.      Vladimir Kopal, Introduction to United Nations Treaties and Principles on Outer Space, Proceedings of the United Nations Space Law Workshop on Capacity Building in Space Law, 2003.

Essential Reading / Recommended Reading

1.         Sairam Bhatt, Aviation Environment and World Order, APH Publishing Cooperation, New Delhi, 2013.

2.         Rodney D. Ryder, Aviation Law, Bloomsbury, New Delhi, 2019

3.         Jiefang Huang, Aviation Safety through the Rule of Law – ICAO’s Mechanisms and Practices – Aviation Law and Policy Series, Kluwer Law International, Wolters Kluwer, The Netherlands, 2009

4.         Steven Truxal, economic and Environmental Regulations of International Aviation – From International to Global Governance, Routledge Research in International Commercial Law, Oxon and New York, 2017.

5.         Michael W. Pearson, Daniel S. Riley, Foundations of Aviation Law, Ashgate, England and USA, 2015.

6.         Brian F. Havel and Gabriel S. Sanchez, The Principles and Practice of International Aviation Law, Cambridge University Press, 2014

 

Evaluation Pattern

Assessment 1 – CO1: Theoretical Foundations of Air Law (20 marks)

Quiz & Short Answer Question (15 questions x 1 mark each and SAQ 5 marks)

Assessment 2 – CO2: Case Study Analysis (10 Marks)

This section allows students to apply theoretical knowledge to real-world or hypothetical scenarios, encouraging critical thinking and practical understanding.

Students will be provided a complex case scenario airspace infringement, identify relevant laws and treaties and analyse the positions of each party. Propose a resolution based on current international frameworks.

Assessment 3 – CO3: Group Project and Discussion (10 marks)

This collaborative task encourages students to work together on a complex problem, simulating teamwork in international air law. Group Project: Assign groups a contemporary topic and expectations are to research current policies and present their findings, proposing a framework aligned with international norms and treaties.

Assessment 4 – CO4: Case on Liabilities in Air Transport (10 marks)

In this assessment, the students will be provided with a complex case scenario with respect to air transport liability. Students should identify relevant laws and treaties, analyse the positions of each party and determine the liabilities of the party.

Assessment 5 – CO5: Problem Solving Task (15 marks)

Present a hypothetical problem in Space Law to the learners and the expectations are:

Identify the legal challenges involved

Suggest compliance strategies based on existing Space Law

Discuss the ethical implications under international cooperation and regulation

Assessment 6 – CO6: Contract Drafting in Space Law (15 Marks)

This section focuses on drafting exercise on - Contract Drafting between two entities for satellite launch service, space debris and MoU on space collaboration.

Assessment 7- CO7: Reflective Journal on Learner Centric Activities (20 Marks)

Students maintain a weekly journal describing their experiences with learner-centric activities, group discussions, simulations, challenges faced, and insights gained.

Focus areas may include specific case laws, landmark treaties, or discussions around controversial topics.

 

LAW886A - LAW OF WRITS (2021 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

Law of Writs course consists of four units. Unit 1 deals with meaning, development nature and types of writs; Unit 2 spells out the general principles of writ jurisdiction under Articles 32 and 226; Unit 3 explains the principles of Natural Justice and Public Interest Litigation and Unit 4 examines the scope of judicial review, procedural ultra vires, abuse of discretionary power, Proportionality, Legitimate expectation, Procedural Impropriety, and their position in England, United States and Canada; and Judicial activism  

This course aims to:

ØProvide an understanding of the meaning, development, nature and types of writs;

Ø  Define, explain and examine the concept of locus standi;

Ø  Spell out the general principles of writ jurisdiction under Articles 32 and 226;

Ø  Explain the principles of Natural Justice and Public Interest Litigation;

Explain and examine judicial power and its position in England, US and Canada.

Learning Outcome

CO 1: Analyse and describe the historical evolution and relevance of writ jurisdiction.

CO 2: Analyse the ambit of writ jurisdiction under the Art. 32 and Art. 226

CO 3: Assess and apply the potential of writ jurisdiction and identify exceptions to the same particularly the novel reliefs moulded by the Supreme Court of India.

CO 4: Identify and take recourse to reliefs for the infraction of Principles of Natural Justice by the state and its administrative agencies.

CO 5: Identify and assess the ambit of judicial review and its limitations.

CO 6: Assess and relate to the developments in this regard in United States, England and Canada

CO 7: Appreciate and analyse the concept of judicial activism and consider its advantages and disadvantages.

Unit-1
Teaching Hours:15
NATURE AND ORIGIN OF THE WRITS
 

Meaning and historical background of the writs, Scope of the power of the courts, Nature of the proceedings, Locus standi, Nature of the relief, Types of writs.

Unit-1
Teaching Hours:15
NATURE AND ORIGIN OF THE WRITS
 

Meaning and historical background of the writs, Scope of the power of the courts, Nature of the proceedings, Locus standi, Nature of the relief, Types of writs.

Unit-1
Teaching Hours:15
NATURE AND ORIGIN OF THE WRITS
 

Meaning and historical background of the writs, Scope of the power of the courts, Nature of the proceedings, Locus standi, Nature of the relief, Types of writs.

Unit-1
Teaching Hours:15
NATURE AND ORIGIN OF THE WRITS
 

Meaning and historical background of the writs, Scope of the power of the courts, Nature of the proceedings, Locus standi, Nature of the relief, Types of writs.

Unit-2
Teaching Hours:15
GENERAL PRINCIPLES OF THE WRIT JURISDICTION
 

Writ jurisdiction of the Supreme Court and High Court, Petition under Article 32,

Writ under Article 226, Territorial Jurisdiction, Orders and directions of the Supreme Court, Delay, Laches and Acquiescence, Compensatory Jurisprudence.

Unit-2
Teaching Hours:15
GENERAL PRINCIPLES OF THE WRIT JURISDICTION
 

Writ jurisdiction of the Supreme Court and High Court, Petition under Article 32,

Writ under Article 226, Territorial Jurisdiction, Orders and directions of the Supreme Court, Delay, Laches and Acquiescence, Compensatory Jurisprudence.

Unit-2
Teaching Hours:15
GENERAL PRINCIPLES OF THE WRIT JURISDICTION
 

Writ jurisdiction of the Supreme Court and High Court, Petition under Article 32,

Writ under Article 226, Territorial Jurisdiction, Orders and directions of the Supreme Court, Delay, Laches and Acquiescence, Compensatory Jurisprudence.

Unit-2
Teaching Hours:15
GENERAL PRINCIPLES OF THE WRIT JURISDICTION
 

Writ jurisdiction of the Supreme Court and High Court, Petition under Article 32,

Writ under Article 226, Territorial Jurisdiction, Orders and directions of the Supreme Court, Delay, Laches and Acquiescence, Compensatory Jurisprudence.

Unit-3
Teaching Hours:15
PRINCIPLES OF NATURAL JUSTICE AND PUBLIC INTEREST LITIGATION
 

Meaning, applicability, violation of Natural Justice, Statutory provisions and natural justice, Legislation and Policy matters- Natural Justice not applicable, Waiver of the rules, Administrative Discretion, Public Interest Litigation and writ jurisdiction of the courts.

Unit-3
Teaching Hours:15
PRINCIPLES OF NATURAL JUSTICE AND PUBLIC INTEREST LITIGATION
 

Meaning, applicability, violation of Natural Justice, Statutory provisions and natural justice, Legislation and Policy matters- Natural Justice not applicable, Waiver of the rules, Administrative Discretion, Public Interest Litigation and writ jurisdiction of the courts.

Unit-3
Teaching Hours:15
PRINCIPLES OF NATURAL JUSTICE AND PUBLIC INTEREST LITIGATION
 

Meaning, applicability, violation of Natural Justice, Statutory provisions and natural justice, Legislation and Policy matters- Natural Justice not applicable, Waiver of the rules, Administrative Discretion, Public Interest Litigation and writ jurisdiction of the courts.

Unit-3
Teaching Hours:15
PRINCIPLES OF NATURAL JUSTICE AND PUBLIC INTEREST LITIGATION
 

Meaning, applicability, violation of Natural Justice, Statutory provisions and natural justice, Legislation and Policy matters- Natural Justice not applicable, Waiver of the rules, Administrative Discretion, Public Interest Litigation and writ jurisdiction of the courts.

Unit-4
Teaching Hours:15
JUDICIAL REVIEW
 

Scope of judicial review, procedural ultra vires, abuse of discretionary power, Proportionality, Legitimate expectation, Procedural Impropriety, Position in England, United States and Canada, Judicial activism.

Unit-4
Teaching Hours:15
JUDICIAL REVIEW
 

Scope of judicial review, procedural ultra vires, abuse of discretionary power, Proportionality, Legitimate expectation, Procedural Impropriety, Position in England, United States and Canada, Judicial activism.

Unit-4
Teaching Hours:15
JUDICIAL REVIEW
 

Scope of judicial review, procedural ultra vires, abuse of discretionary power, Proportionality, Legitimate expectation, Procedural Impropriety, Position in England, United States and Canada, Judicial activism.

Unit-4
Teaching Hours:15
JUDICIAL REVIEW
 

Scope of judicial review, procedural ultra vires, abuse of discretionary power, Proportionality, Legitimate expectation, Procedural Impropriety, Position in England, United States and Canada, Judicial activism.

Text Books And Reference Books:

1.      Abhishek, Atrey, Law of Writs: Practice and Procedure, Lucknow, Kamal Publishers, New Delhi, 2015.

2.      Pandya, Asim, Writs and Other Constitutional Remedies, Lexis Nexis, Nagpur, 2009.

3.      Mallick, M.R., Writs: Law and Practice, Eastern Law House, Kolkata, 2008.

4.      Banerjee, Justice B.P., Writ Remedies, Lexis Nexis, Nagpur, 1987.

5.      Hansaria, Justice B.L., Writ Jurisdiction, Universal Law Publishing Co., New Delhi, 2007.

Essential Reading / Recommended Reading

1.      Abhishek, Atrey, Law of Writs: Practice and Procedure, Lucknow, Kamal Publishers, New Delhi, 2015.

2.      Pandya, Asim, Writs and Other Constitutional Remedies, Lexis Nexis, Nagpur, 2009.

3.      Mallick, M.R., Writs: Law and Practice, Eastern Law House, Kolkata, 2008.

4.      Banerjee, Justice B.P., Writ Remedies, Lexis Nexis, Nagpur, 1987.

5.      Hansaria, Justice B.L., Writ Jurisdiction, Universal Law Publishing Co., New Delhi, 2007.

Evaluation Pattern

·         CIA I – Class Test / Assignment / Presentation            – 10%

·         CIA II – Mid Semester Examination                                  – 25%

·         CIA III – Research Topic                                                     – 10%

·         Attendance                                                                            – 05%

·         End Semester Examination                                                – 50%

                                                                                                    TOTAL 100%

LAW886B - FORENSIC SCIENCE AND LAW (2021 Batch)

Total Teaching Hours for Semester:65
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

Forensic science plays a crucial role in the criminal justice system as it provides the scientific-based information through the analysis of physical evidence, the identity of the culprit through personal clues that associate with the criminal through objects left by him at the criminal site like a fingerprint, blood drop or hair, footprints, mobile phones or any other gadgets. The objective of this course is to understand the applicability of Forensic science in criminal investigation and the role it plays to bridge the gap between science and law, describe and catalog the kinds of forensic evidence collected at crime scenes and track the use of forensic evidence in the criminal justice system.

 

Learning Outcome

CO1: Describe how scientific method is used to solve forensic problems

CO2: Analyze the role of forensic experts in civil and criminal cases.

CO3: Identify the different kinds of forensic analysis

CO4: Evaluate the requirement of forensics for crime-scene investigation

CO5: Analyze the relevance of criminal profiling for investigation

CO6: Analyze the evidentiary value of forensics in law

CO7: Comparatively analyze the rules of forensic evidence vis-a-vis UK and US jurisprudence

Unit-1
Teaching Hours:10
UNIT 1: Introduction to Forensic Science and Law
 

                                       

1.       Why Forensics?

2.       Principles of Forensic Science

3.       Forensic evidence analysis in civil and criminal cases

 

Unit-1
Teaching Hours:10
UNIT 1: Introduction to Forensic Science and Law
 

                                       

1.       Why Forensics?

2.       Principles of Forensic Science

3.       Forensic evidence analysis in civil and criminal cases

 

Unit-1
Teaching Hours:10
UNIT 1: Introduction to Forensic Science and Law
 

                                       

1.       Why Forensics?

2.       Principles of Forensic Science

3.       Forensic evidence analysis in civil and criminal cases

 

Unit-1
Teaching Hours:10
UNIT 1: Introduction to Forensic Science and Law
 

                                       

1.       Why Forensics?

2.       Principles of Forensic Science

3.       Forensic evidence analysis in civil and criminal cases

 

Unit-2
Teaching Hours:10
UNIT 2: Crime-scene investigation and forensic sciences
 

                       

 

1.       Evidence collection

2.       Forensic analysis

                       a. Forensic Biology/DNA

                       b. Forensic Odontology

                       c. Controlled Substances

                       d.Forensic Toxicology

 

Unit-2
Teaching Hours:10
UNIT 2: Crime-scene investigation and forensic sciences
 

                       

 

1.       Evidence collection

2.       Forensic analysis

                       a. Forensic Biology/DNA

                       b. Forensic Odontology

                       c. Controlled Substances

                       d.Forensic Toxicology

 

Unit-2
Teaching Hours:10
UNIT 2: Crime-scene investigation and forensic sciences
 

                       

 

1.       Evidence collection

2.       Forensic analysis

                       a. Forensic Biology/DNA

                       b. Forensic Odontology

                       c. Controlled Substances

                       d.Forensic Toxicology

 

Unit-2
Teaching Hours:10
UNIT 2: Crime-scene investigation and forensic sciences
 

                       

 

1.       Evidence collection

2.       Forensic analysis

                       a. Forensic Biology/DNA

                       b. Forensic Odontology

                       c. Controlled Substances

                       d.Forensic Toxicology

 

Unit-3
Teaching Hours:15
Crime-scene investigation and Criminal profiling
 

           

 1.      Forensic analysis

a.   Forensic Anthropology

b.   Forensic Pathology

c.  Impression and Pattern Evidence

d.   Trace Evidence

e.   Cyber Forensics

f.   Ballistics

2.      Criminal profiling

 

Unit-3
Teaching Hours:15
Crime-scene investigation and Criminal profiling
 

           

 1.      Forensic analysis

a.   Forensic Anthropology

b.   Forensic Pathology

c.  Impression and Pattern Evidence

d.   Trace Evidence

e.   Cyber Forensics

f.   Ballistics

2.      Criminal profiling

 

Unit-3
Teaching Hours:15
Crime-scene investigation and Criminal profiling
 

           

 1.      Forensic analysis

a.   Forensic Anthropology

b.   Forensic Pathology

c.  Impression and Pattern Evidence

d.   Trace Evidence

e.   Cyber Forensics

f.   Ballistics

2.      Criminal profiling

 

Unit-3
Teaching Hours:15
Crime-scene investigation and Criminal profiling
 

           

 1.      Forensic analysis

a.   Forensic Anthropology

b.   Forensic Pathology

c.  Impression and Pattern Evidence

d.   Trace Evidence

e.   Cyber Forensics

f.   Ballistics

2.      Criminal profiling

 

Unit-4
Teaching Hours:15
Admissibility of forensic evidence in courtrooms.
 

 

1.       How far are these techniques legitimate?

2.       How can forensic evidence be admissible in the court of law?

3.       How can this evidence be helpful in investigation of cases?

 

Unit-4
Teaching Hours:15
Admissibility of forensic evidence in courtrooms.
 

 

1.       How far are these techniques legitimate?

2.       How can forensic evidence be admissible in the court of law?

3.       How can this evidence be helpful in investigation of cases?

 

Unit-4
Teaching Hours:15
Admissibility of forensic evidence in courtrooms.
 

 

1.       How far are these techniques legitimate?

2.       How can forensic evidence be admissible in the court of law?

3.       How can this evidence be helpful in investigation of cases?

 

Unit-4
Teaching Hours:15
Admissibility of forensic evidence in courtrooms.
 

 

1.       How far are these techniques legitimate?

2.       How can forensic evidence be admissible in the court of law?

3.       How can this evidence be helpful in investigation of cases?

 

Unit-5
Teaching Hours:10
Comparative Analysis of from UK, US and India
 

 

 

1.       Common law admissibility - “The Turner Test”

2.       The Daubert Decision and the Supreme Court’s Construction of Rule 702

3.       The Frye Standard and Rule 702 of the Federal Rules of Evidence  

4.       The Indian requirement of relevancy to forensics evidence.

 

Unit-5
Teaching Hours:10
Comparative Analysis of from UK, US and India
 

 

 

1.       Common law admissibility - “The Turner Test”

2.       The Daubert Decision and the Supreme Court’s Construction of Rule 702

3.       The Frye Standard and Rule 702 of the Federal Rules of Evidence  

4.       The Indian requirement of relevancy to forensics evidence.

 

Unit-5
Teaching Hours:10
Comparative Analysis of from UK, US and India
 

 

 

1.       Common law admissibility - “The Turner Test”

2.       The Daubert Decision and the Supreme Court’s Construction of Rule 702

3.       The Frye Standard and Rule 702 of the Federal Rules of Evidence  

4.       The Indian requirement of relevancy to forensics evidence.

 

Unit-5
Teaching Hours:10
Comparative Analysis of from UK, US and India
 

 

 

1.       Common law admissibility - “The Turner Test”

2.       The Daubert Decision and the Supreme Court’s Construction of Rule 702

3.       The Frye Standard and Rule 702 of the Federal Rules of Evidence  

4.       The Indian requirement of relevancy to forensics evidence.

 

Text Books And Reference Books:

 

  1. V.R. Dinkar, Scientific Expert Evidence (Eastern Law House, Calcutta, 1st edn., 2013)

  2. Stephen Breyer, Introduction to Reference manual on scientific evidence (2nd edn., 2000).

  3. Jyotirmoy Adhikary, DNA Technology in Administration of Justice (LexisNexis Butterworths, New Delhi, 2007.

  4. Dr. M.P. Kantak, Dr. M.S. Ghodkirekar and Dr. S. G. Perni “Utility Of Daubert Guidelines In India” 26(3) JIAFM 110 (2004).

Essential Reading / Recommended Reading
  1. Sharma, B.R, Scientific Criminal Investigation, Universal Law Publishing Co. New Delhi, 2006.

  2. Rogers Richard, Daniel W. Shuman, Fundamentals of Forensic Practice: Mental Health and Criminal Law, Springer Publications, USA, 2005.

  3. Stelfox, Peter, Criminal Investigation: An Introduction to Principles and Practice, Willan Publishing, USA, 2009.

  4. S. Subramanian, Forensic Science in Investigation of Crime, S. Gogia and Company, Hyderabad, 2007.

  5. Sharma, B.R., Forensic Science in Criminal Investigation and Trials, Universal Law Publishing Co., New Delhi, 2010.

  6. K. Kaul, Satyendra, Mohd. H. Zaidi, Narcoanalysis, Brain Mapping, Hypnosis and Lie Detector Tests in Interrogation of Suspect, Alia Law Agency, Allahabad, 2009.

 Cases:

1.       R. v. Mark Dallagher, [2002] EWCA Crim 1903

2.       R. v. Sally Clark [2003] EWCA Crim 1020

3.       R. v. Harris [2005] EWCA Crim 1980

4.       R. v. Gilfoyle [1996] 1 Cr App R 302, 315D-317G

5.       Selvi vs. State of Karnataka  2010 (7) SCC 263

6.       Mahmood v. State of U.P AIR 1976 SC 69

7.       Frye v. the United States 293 F.1013 (D.C. Cir. 1923)

8.       The Queen v. Bonython (1984) 38 SASR 45

9.       R. v. Mohan, [1994] 2 S.C.R. 9

10.   R. (Doughty) v. Ely Magistrates Court [2008] EWHC 522

11.   Field v. Leeds City Council [2000] 1 EGLR 54

12.   Tooth v. Jarman [2006] EWCA Civ 1028, [2006] 4 All ER 1276

13.   Kumho Tire Company, Ltd. v. Carmichael, 526 U.S. 137 (1999)

14.   General Electric v. Joiner, 522 U.S. 136 (1997)

 

Evaluation Pattern

 

  • CIA I – Class Test / Assignment / Presentation – 10%

  • CIA II – Mid Semester Examination – 25%

  • CIA III – Research Topic – 10%

  • Attendance – 05%

  • End Semester Examination – 50%

  • TOTAL 100%

LAW886C - LAW OF TRADEMARKS (2021 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

Law of Trademarks will orient students with an international regime for the protection of Trademarks and its due observance in national legislations. It will help to know the scope and ambit of domestic legislations and principles underlined therein. This course will develop critical thinking and will reflect upon new jurisprudence evolved by the Indian judiciary in relation to Trademarks. A comprehensive understanding of Law of Trademarks can serve as a sound foundation for further development of the knowledge.

Learning Outcome

CO1: Identify and describe the basic requirement of trademarks protection

CO2: List out the rights enjoyed by trademarks owners.

CO3: Apply the principles of trademarks protection to legal problems correctly.

CO4: Analyse the principles related to infringement of trademarks and passing off.

CO5: Evaluate as against other the international legal framework related to trademarks protection and articulate the problem areas for the deficiency.

CO6: Propose a solution to the existing problems of trademarks law in India.

Unit-1
Teaching Hours:8
INTRODUCTION
 

Trademark as property: philosophical perspective – Economic perspective of trademark law: market for trademarked goods and market in languages – Functions of trademark law: source identifying, communication and advertising function – Definition of marks and trademarks: graphical representation and distinctiveness – Protection of non-conventional marks: colour, sound, olfactory and smell marks –Types of trademarks: service marks, collective marks, certification marks and well-known marks.

Unit-1
Teaching Hours:8
INTRODUCTION
 

Trademark as property: philosophical perspective – Economic perspective of trademark law: market for trademarked goods and market in languages – Functions of trademark law: source identifying, communication and advertising function – Definition of marks and trademarks: graphical representation and distinctiveness – Protection of non-conventional marks: colour, sound, olfactory and smell marks –Types of trademarks: service marks, collective marks, certification marks and well-known marks.

Unit-1
Teaching Hours:8
INTRODUCTION
 

Trademark as property: philosophical perspective – Economic perspective of trademark law: market for trademarked goods and market in languages – Functions of trademark law: source identifying, communication and advertising function – Definition of marks and trademarks: graphical representation and distinctiveness – Protection of non-conventional marks: colour, sound, olfactory and smell marks –Types of trademarks: service marks, collective marks, certification marks and well-known marks.

Unit-1
Teaching Hours:8
INTRODUCTION
 

Trademark as property: philosophical perspective – Economic perspective of trademark law: market for trademarked goods and market in languages – Functions of trademark law: source identifying, communication and advertising function – Definition of marks and trademarks: graphical representation and distinctiveness – Protection of non-conventional marks: colour, sound, olfactory and smell marks –Types of trademarks: service marks, collective marks, certification marks and well-known marks.

Unit-1
Teaching Hours:8
INTRODUCTION
 

Trademark as property: philosophical perspective – Economic perspective of trademark law: market for trademarked goods and market in languages – Functions of trademark law: source identifying, communication and advertising function – Definition of marks and trademarks: graphical representation and distinctiveness – Protection of non-conventional marks: colour, sound, olfactory and smell marks –Types of trademarks: service marks, collective marks, certification marks and well-known marks.

Unit-1
Teaching Hours:8
INTRODUCTION
 

Trademark as property: philosophical perspective – Economic perspective of trademark law: market for trademarked goods and market in languages – Functions of trademark law: source identifying, communication and advertising function – Definition of marks and trademarks: graphical representation and distinctiveness – Protection of non-conventional marks: colour, sound, olfactory and smell marks –Types of trademarks: service marks, collective marks, certification marks and well-known marks.

Unit-2
Teaching Hours:10
INTERNATIONAL DEVELOPMENT AND DIMENSIONS OF TRADEMARK PROTECTION
 

Paris Convention for the Protection of Industrial Property, 1883: well-known marks, collective marks and matters excluded from protection – TRIPS, 1995: protectable subject matter, rights conferred, terms of protection, licensing and assignment – Madrid System for International Registration of Marks: Madrid Agreement concerning the International Registration of Marks, 1891, Protocol relating to the Madrid Agreement, 1989, basic registration and basic application, office of origin, designation and subsequent designation, procedure for registration, filing of international application in India – Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks, 1957 – Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks, 1973

Unit-2
Teaching Hours:10
INTERNATIONAL DEVELOPMENT AND DIMENSIONS OF TRADEMARK PROTECTION
 

Paris Convention for the Protection of Industrial Property, 1883: well-known marks, collective marks and matters excluded from protection – TRIPS, 1995: protectable subject matter, rights conferred, terms of protection, licensing and assignment – Madrid System for International Registration of Marks: Madrid Agreement concerning the International Registration of Marks, 1891, Protocol relating to the Madrid Agreement, 1989, basic registration and basic application, office of origin, designation and subsequent designation, procedure for registration, filing of international application in India – Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks, 1957 – Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks, 1973

Unit-2
Teaching Hours:10
INTERNATIONAL DEVELOPMENT AND DIMENSIONS OF TRADEMARK PROTECTION
 

Paris Convention for the Protection of Industrial Property, 1883: well-known marks, collective marks and matters excluded from protection – TRIPS, 1995: protectable subject matter, rights conferred, terms of protection, licensing and assignment – Madrid System for International Registration of Marks: Madrid Agreement concerning the International Registration of Marks, 1891, Protocol relating to the Madrid Agreement, 1989, basic registration and basic application, office of origin, designation and subsequent designation, procedure for registration, filing of international application in India – Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks, 1957 – Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks, 1973

Unit-2
Teaching Hours:10
INTERNATIONAL DEVELOPMENT AND DIMENSIONS OF TRADEMARK PROTECTION
 

Paris Convention for the Protection of Industrial Property, 1883: well-known marks, collective marks and matters excluded from protection – TRIPS, 1995: protectable subject matter, rights conferred, terms of protection, licensing and assignment – Madrid System for International Registration of Marks: Madrid Agreement concerning the International Registration of Marks, 1891, Protocol relating to the Madrid Agreement, 1989, basic registration and basic application, office of origin, designation and subsequent designation, procedure for registration, filing of international application in India – Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks, 1957 – Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks, 1973

Unit-2
Teaching Hours:10
INTERNATIONAL DEVELOPMENT AND DIMENSIONS OF TRADEMARK PROTECTION
 

Paris Convention for the Protection of Industrial Property, 1883: well-known marks, collective marks and matters excluded from protection – TRIPS, 1995: protectable subject matter, rights conferred, terms of protection, licensing and assignment – Madrid System for International Registration of Marks: Madrid Agreement concerning the International Registration of Marks, 1891, Protocol relating to the Madrid Agreement, 1989, basic registration and basic application, office of origin, designation and subsequent designation, procedure for registration, filing of international application in India – Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks, 1957 – Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks, 1973

Unit-2
Teaching Hours:10
INTERNATIONAL DEVELOPMENT AND DIMENSIONS OF TRADEMARK PROTECTION
 

Paris Convention for the Protection of Industrial Property, 1883: well-known marks, collective marks and matters excluded from protection – TRIPS, 1995: protectable subject matter, rights conferred, terms of protection, licensing and assignment – Madrid System for International Registration of Marks: Madrid Agreement concerning the International Registration of Marks, 1891, Protocol relating to the Madrid Agreement, 1989, basic registration and basic application, office of origin, designation and subsequent designation, procedure for registration, filing of international application in India – Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks, 1957 – Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks, 1973

Unit-3
Teaching Hours:12
REGISTRATION OF TRADEMARKS
 

Conditions for registration of trademarks – Grounds for refusal of registration: absolute grounds, distinctiveness, arbitrary, suggestive, descriptive/laudatory, generic marks, secondary meaning, blasphemous or obscene words, marks likely to hurt religious feelings, functional marks, relative grounds, deceptive similarity, protection of well-known marks in India – Doctrine of honest concurrent use – Procedure for registration of trademark: duration of protection, grounds of opposition, changes brought by the amendment of 2017, forms and fees.

Unit-3
Teaching Hours:12
REGISTRATION OF TRADEMARKS
 

Conditions for registration of trademarks – Grounds for refusal of registration: absolute grounds, distinctiveness, arbitrary, suggestive, descriptive/laudatory, generic marks, secondary meaning, blasphemous or obscene words, marks likely to hurt religious feelings, functional marks, relative grounds, deceptive similarity, protection of well-known marks in India – Doctrine of honest concurrent use – Procedure for registration of trademark: duration of protection, grounds of opposition, changes brought by the amendment of 2017, forms and fees.

Unit-3
Teaching Hours:12
REGISTRATION OF TRADEMARKS
 

Conditions for registration of trademarks – Grounds for refusal of registration: absolute grounds, distinctiveness, arbitrary, suggestive, descriptive/laudatory, generic marks, secondary meaning, blasphemous or obscene words, marks likely to hurt religious feelings, functional marks, relative grounds, deceptive similarity, protection of well-known marks in India – Doctrine of honest concurrent use – Procedure for registration of trademark: duration of protection, grounds of opposition, changes brought by the amendment of 2017, forms and fees.

Unit-3
Teaching Hours:12
REGISTRATION OF TRADEMARKS
 

Conditions for registration of trademarks – Grounds for refusal of registration: absolute grounds, distinctiveness, arbitrary, suggestive, descriptive/laudatory, generic marks, secondary meaning, blasphemous or obscene words, marks likely to hurt religious feelings, functional marks, relative grounds, deceptive similarity, protection of well-known marks in India – Doctrine of honest concurrent use – Procedure for registration of trademark: duration of protection, grounds of opposition, changes brought by the amendment of 2017, forms and fees.

Unit-3
Teaching Hours:12
REGISTRATION OF TRADEMARKS
 

Conditions for registration of trademarks – Grounds for refusal of registration: absolute grounds, distinctiveness, arbitrary, suggestive, descriptive/laudatory, generic marks, secondary meaning, blasphemous or obscene words, marks likely to hurt religious feelings, functional marks, relative grounds, deceptive similarity, protection of well-known marks in India – Doctrine of honest concurrent use – Procedure for registration of trademark: duration of protection, grounds of opposition, changes brought by the amendment of 2017, forms and fees.

Unit-3
Teaching Hours:12
REGISTRATION OF TRADEMARKS
 

Conditions for registration of trademarks – Grounds for refusal of registration: absolute grounds, distinctiveness, arbitrary, suggestive, descriptive/laudatory, generic marks, secondary meaning, blasphemous or obscene words, marks likely to hurt religious feelings, functional marks, relative grounds, deceptive similarity, protection of well-known marks in India – Doctrine of honest concurrent use – Procedure for registration of trademark: duration of protection, grounds of opposition, changes brought by the amendment of 2017, forms and fees.

Unit-4
Teaching Hours:10
ASSIGNMENT, TRANSMISSION AND LICENSING OF TRADE MARKS
 

Assignability and transmissibility of registered and unregistered trademarks with or without goodwill – Conditions and restrictions on transmission of trademarks – Trademark licensing: permitted use, registered users, registration as registered users, variation or cancellation of registration as registered users, forms and fees for transmission of trademarks – Types of trademarks licensing: franchising, merchandising, brand extension, co-branding, component or ingredient branding – Drafting a licensing agreement: preliminary clauses, extent of rights, commercial and financial considerations, responsibilities of parties, termination issues – Quality control in trademark licensing: naked licensing, consequences of absence of quality control.

Unit-4
Teaching Hours:10
ASSIGNMENT, TRANSMISSION AND LICENSING OF TRADE MARKS
 

Assignability and transmissibility of registered and unregistered trademarks with or without goodwill – Conditions and restrictions on transmission of trademarks – Trademark licensing: permitted use, registered users, registration as registered users, variation or cancellation of registration as registered users, forms and fees for transmission of trademarks – Types of trademarks licensing: franchising, merchandising, brand extension, co-branding, component or ingredient branding – Drafting a licensing agreement: preliminary clauses, extent of rights, commercial and financial considerations, responsibilities of parties, termination issues – Quality control in trademark licensing: naked licensing, consequences of absence of quality control.

Unit-4
Teaching Hours:10
ASSIGNMENT, TRANSMISSION AND LICENSING OF TRADE MARKS
 

Assignability and transmissibility of registered and unregistered trademarks with or without goodwill – Conditions and restrictions on transmission of trademarks – Trademark licensing: permitted use, registered users, registration as registered users, variation or cancellation of registration as registered users, forms and fees for transmission of trademarks – Types of trademarks licensing: franchising, merchandising, brand extension, co-branding, component or ingredient branding – Drafting a licensing agreement: preliminary clauses, extent of rights, commercial and financial considerations, responsibilities of parties, termination issues – Quality control in trademark licensing: naked licensing, consequences of absence of quality control.

Unit-4
Teaching Hours:10
ASSIGNMENT, TRANSMISSION AND LICENSING OF TRADE MARKS
 

Assignability and transmissibility of registered and unregistered trademarks with or without goodwill – Conditions and restrictions on transmission of trademarks – Trademark licensing: permitted use, registered users, registration as registered users, variation or cancellation of registration as registered users, forms and fees for transmission of trademarks – Types of trademarks licensing: franchising, merchandising, brand extension, co-branding, component or ingredient branding – Drafting a licensing agreement: preliminary clauses, extent of rights, commercial and financial considerations, responsibilities of parties, termination issues – Quality control in trademark licensing: naked licensing, consequences of absence of quality control.

Unit-4
Teaching Hours:10
ASSIGNMENT, TRANSMISSION AND LICENSING OF TRADE MARKS
 

Assignability and transmissibility of registered and unregistered trademarks with or without goodwill – Conditions and restrictions on transmission of trademarks – Trademark licensing: permitted use, registered users, registration as registered users, variation or cancellation of registration as registered users, forms and fees for transmission of trademarks – Types of trademarks licensing: franchising, merchandising, brand extension, co-branding, component or ingredient branding – Drafting a licensing agreement: preliminary clauses, extent of rights, commercial and financial considerations, responsibilities of parties, termination issues – Quality control in trademark licensing: naked licensing, consequences of absence of quality control.

Unit-4
Teaching Hours:10
ASSIGNMENT, TRANSMISSION AND LICENSING OF TRADE MARKS
 

Assignability and transmissibility of registered and unregistered trademarks with or without goodwill – Conditions and restrictions on transmission of trademarks – Trademark licensing: permitted use, registered users, registration as registered users, variation or cancellation of registration as registered users, forms and fees for transmission of trademarks – Types of trademarks licensing: franchising, merchandising, brand extension, co-branding, component or ingredient branding – Drafting a licensing agreement: preliminary clauses, extent of rights, commercial and financial considerations, responsibilities of parties, termination issues – Quality control in trademark licensing: naked licensing, consequences of absence of quality control.

Unit-5
Teaching Hours:12
INFRINGEMENT OF RIGHTS AND REMEDIES
 

Doctrine of passing off: classic trinity test, application of passing off in India – Infringement of registered trademark: persons entitled to sue for infringement, what constitutes infringement of trademark – Differences between passing off action and action for infringement of registered trademark – Deceptive similarity: tests for determination of confusion of marks – Infringement of well known marks: dilution doctrine, transborder reputation – Defenses in infringement suit: non-infringing acts – Remedies for infringement: injunctions, offences and penalties.

Unit-5
Teaching Hours:12
INFRINGEMENT OF RIGHTS AND REMEDIES
 

Doctrine of passing off: classic trinity test, application of passing off in India – Infringement of registered trademark: persons entitled to sue for infringement, what constitutes infringement of trademark – Differences between passing off action and action for infringement of registered trademark – Deceptive similarity: tests for determination of confusion of marks – Infringement of well known marks: dilution doctrine, transborder reputation – Defenses in infringement suit: non-infringing acts – Remedies for infringement: injunctions, offences and penalties.

Unit-5
Teaching Hours:12
INFRINGEMENT OF RIGHTS AND REMEDIES
 

Doctrine of passing off: classic trinity test, application of passing off in India – Infringement of registered trademark: persons entitled to sue for infringement, what constitutes infringement of trademark – Differences between passing off action and action for infringement of registered trademark – Deceptive similarity: tests for determination of confusion of marks – Infringement of well known marks: dilution doctrine, transborder reputation – Defenses in infringement suit: non-infringing acts – Remedies for infringement: injunctions, offences and penalties.

Unit-5
Teaching Hours:12
INFRINGEMENT OF RIGHTS AND REMEDIES
 

Doctrine of passing off: classic trinity test, application of passing off in India – Infringement of registered trademark: persons entitled to sue for infringement, what constitutes infringement of trademark – Differences between passing off action and action for infringement of registered trademark – Deceptive similarity: tests for determination of confusion of marks – Infringement of well known marks: dilution doctrine, transborder reputation – Defenses in infringement suit: non-infringing acts – Remedies for infringement: injunctions, offences and penalties.

Unit-5
Teaching Hours:12
INFRINGEMENT OF RIGHTS AND REMEDIES
 

Doctrine of passing off: classic trinity test, application of passing off in India – Infringement of registered trademark: persons entitled to sue for infringement, what constitutes infringement of trademark – Differences between passing off action and action for infringement of registered trademark – Deceptive similarity: tests for determination of confusion of marks – Infringement of well known marks: dilution doctrine, transborder reputation – Defenses in infringement suit: non-infringing acts – Remedies for infringement: injunctions, offences and penalties.

Unit-5
Teaching Hours:12
INFRINGEMENT OF RIGHTS AND REMEDIES
 

Doctrine of passing off: classic trinity test, application of passing off in India – Infringement of registered trademark: persons entitled to sue for infringement, what constitutes infringement of trademark – Differences between passing off action and action for infringement of registered trademark – Deceptive similarity: tests for determination of confusion of marks – Infringement of well known marks: dilution doctrine, transborder reputation – Defenses in infringement suit: non-infringing acts – Remedies for infringement: injunctions, offences and penalties.

Unit-6
Teaching Hours:8
CONTEMPORARY ISSUES
 

Domain name protection in law of trademarks: cybersquatting, passing off – Parallel import under Trademarks Act, 1999 – Comparative advertisement and trademark infringement: disparagement of competitor’s goods – Protection of fluid trademarks – Trademark and internet: jurisdiction and enforcement in online trademark disputes – Overlapping protection between trademarks and other forms of intellectual property.

Unit-6
Teaching Hours:8
CONTEMPORARY ISSUES
 

Domain name protection in law of trademarks: cybersquatting, passing off – Parallel import under Trademarks Act, 1999 – Comparative advertisement and trademark infringement: disparagement of competitor’s goods – Protection of fluid trademarks – Trademark and internet: jurisdiction and enforcement in online trademark disputes – Overlapping protection between trademarks and other forms of intellectual property.

Unit-6
Teaching Hours:8
CONTEMPORARY ISSUES
 

Domain name protection in law of trademarks: cybersquatting, passing off – Parallel import under Trademarks Act, 1999 – Comparative advertisement and trademark infringement: disparagement of competitor’s goods – Protection of fluid trademarks – Trademark and internet: jurisdiction and enforcement in online trademark disputes – Overlapping protection between trademarks and other forms of intellectual property.

Unit-6
Teaching Hours:8
CONTEMPORARY ISSUES
 

Domain name protection in law of trademarks: cybersquatting, passing off – Parallel import under Trademarks Act, 1999 – Comparative advertisement and trademark infringement: disparagement of competitor’s goods – Protection of fluid trademarks – Trademark and internet: jurisdiction and enforcement in online trademark disputes – Overlapping protection between trademarks and other forms of intellectual property.

Unit-6
Teaching Hours:8
CONTEMPORARY ISSUES
 

Domain name protection in law of trademarks: cybersquatting, passing off – Parallel import under Trademarks Act, 1999 – Comparative advertisement and trademark infringement: disparagement of competitor’s goods – Protection of fluid trademarks – Trademark and internet: jurisdiction and enforcement in online trademark disputes – Overlapping protection between trademarks and other forms of intellectual property.

Unit-6
Teaching Hours:8
CONTEMPORARY ISSUES
 

Domain name protection in law of trademarks: cybersquatting, passing off – Parallel import under Trademarks Act, 1999 – Comparative advertisement and trademark infringement: disparagement of competitor’s goods – Protection of fluid trademarks – Trademark and internet: jurisdiction and enforcement in online trademark disputes – Overlapping protection between trademarks and other forms of intellectual property.

Text Books And Reference Books:

Essential references: 

1.Eashan Ghosh, Imperfect Recollections: The Indian Supreme Court on Trade Mark Law, 1st Edition, Thomson Reuters (2020);

2.Irene Calboli and Jane C. Ginsburg, The Cambridge Handbook of International and Comparative Trademark Law, 1st Edition, Cambridge University Press (2020);

3.Tim W. Dornis, Trademark and Unfair Competition Conflicts: Historical Comparative, Doctrinal, and Economic Perspectives, 1st Edition, 2017, Cambridge University Press (2017);

4.Nicholas Caddick QC and Ben Longstaff, A User's Guide to Trade Marks and Passing Off, 1st Edition, Bloomsbury (2015);

5.Ashwani Kumar Bansal, Law of Trademarks in India, 3rd ed., Thomson Reuters (2014);

6.Andrew T. Kenyon, Megan Richardson and Wee Loon Ng-Loy, The Law of Reputation and Brands in the Asia Pacific, 1st edition, Cambridge University Press (2012);

7.Teresa da Silva Lopes and Paul Duguid, Trademarks, Brands and Competitiveness, 1st Edition, Routledge (2010);

8.Lionel Bently, Jennifer Davis and Jane C. Ginsburg, Trade Marks and Brands: An Interdisciplinary Critique, 1st Edition, Cambridge University Press (2008);

9.Cornish and Llewelyn, Intellectual Property: Patents, Copyrights, Trademarks and Allied Rights, 1st ed., Sweet and Maxwell (2007)

10.Deborah E. Bouchoux, Intellectual Property, 1st ed., Thomson Legal Studies (2005).

Essential Reading / Recommended Reading

Essential references: 

1.Eashan Ghosh, Imperfect Recollections: The Indian Supreme Court on Trade Mark Law, 1st Edition, Thomson Reuters (2020);

2.Irene Calboli and Jane C. Ginsburg, The Cambridge Handbook of International and Comparative Trademark Law, 1st Edition, Cambridge University Press (2020);

3.Tim W. Dornis, Trademark and Unfair Competition Conflicts: Historical Comparative, Doctrinal, and Economic Perspectives, 1st Edition, 2017, Cambridge University Press (2017);

4.Nicholas Caddick QC and Ben Longstaff, A User's Guide to Trade Marks and Passing Off, 1st Edition, Bloomsbury (2015);

5.Ashwani Kumar Bansal, Law of Trademarks in India, 3rd ed., Thomson Reuters (2014);

6.Andrew T. Kenyon, Megan Richardson and Wee Loon Ng-Loy, The Law of Reputation and Brands in the Asia Pacific, 1st edition, Cambridge University Press (2012);

7.Teresa da Silva Lopes and Paul Duguid, Trademarks, Brands and Competitiveness, 1st Edition, Routledge (2010);

8.Lionel Bently, Jennifer Davis and Jane C. Ginsburg, Trade Marks and Brands: An Interdisciplinary Critique, 1st Edition, Cambridge University Press (2008);

9.Cornish and Llewelyn, Intellectual Property: Patents, Copyrights, Trademarks and Allied Rights, 1st ed., Sweet and Maxwell (2007)

10.Deborah E. Bouchoux, Intellectual Property, 1st ed., Thomson Legal Studies (2005).

Evaluation Pattern

CIA I – Class Test / Assignment / Presentation – 10%

CIA II – Mid Semester Examination  – 25% 

CIA III – Research Topic                      – 10% 

Attendance                                             – 05% 

End Semester Examination                   – 50% 

 

                       TOTAL 100%

LAW886D - CONFLICT OF LAWS (2021 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

Conflict of Law explores one of the most complex areas of the law when legal problems transcend jurisdictional boundaries especially when two countries can apply its laws to a particular situation or transaction. The purpose of Conflict of Laws is to assist a Court in deciding a case which contains a foreign element. It consists of three main topics, namely the jurisdiction of the respective court, in the sense of its competence to hear and determine a case. Second, the selection of the appropriate rules of a system of law; domestic or foreign, which it should apply in deciding a case over which it has jurisdiction. The rules governing this selection are known as ‘choice of law’ rules. Finally, the recognition and enforcement of judgments rendered by foreign courts or awards of foreign arbitration. It is imperative to understand the concepts involved and the inter-relation between the concepts themselves; which coupled with sound logic and good language go a long way in applying the knowledge of law to a given situation.  

 

UNIT 1 aims at the basic understanding of the conceptual facets of the subject and the fundamental interpretations governing the field. UNIT 2 is an account of the different personal factors dominating the trans-national activities. UNIT 3 is designed to study the very crucial jurisdictional issues in the light of English rules. UNIT 4 aims to impart the issues relating to sovereign immunity and the status of foreign judgments. UNIT 5 looks into the marital status and child care in the wake of various transactions across the borders. UNIT 6 envisages the commercial and tortuous liability with reference to trans-national omissions and commissions. UNIT 7 is devised to study the vignettes of international litigation.

Course objectives:

1. .To understand both the theoretical framework and the functioning of international law.

2. To acquaint the students with the conceptual facets of the subject and to interpret and apply laws to legal issues.

3. To prepare the students for a clearer understanding of transnational transactions in the light of the domestic law and crucial jurisdictional issues

4. Aims to impart the issues relating to sovereign immunity,marital status,child care,commercial liability,tortious liability and the status of foreign judgments.

 

5. Devised to study the vignettes of international litigation.

Learning Outcome

CO1: To understand both the theoretical framework and the functioning of international law.

CO2: To acquaint the students with the conceptual facets of the subject and to interpret and apply laws to legal issues.

CO3: To prepare the students for a clearer understanding of transnational transactions in the light of the domestic law and crucial jurisdictional issues

CO4: Aims to impart the issues relating to sovereign immunity, marital status, child care, commercial liability, tortious liability and the status of foreign judgments.

CO5: Devised to study the vignettes of international litigation.

Unit-1
Teaching Hours:8
Introduction to Conflict of Laws
 

Meaning of conflict of laws, definition of country, need to plead and prove foreign law, characterization, challenges, public policy 

Unit-1
Teaching Hours:8
Introduction to Conflict of Laws
 

Meaning of conflict of laws, definition of country, need to plead and prove foreign law, characterization, challenges, public policy 

Unit-2
Teaching Hours:8
Personal Factors
 

Residence, domicile, domicile of corporations, domicile and nationality, persons liable for deportation and mentally disordered persons

Unit-2
Teaching Hours:8
Personal Factors
 

Residence, domicile, domicile of corporations, domicile and nationality, persons liable for deportation and mentally disordered persons

Unit-3
Teaching Hours:8
Jurisdiction
 

Traditional English rules, principles and European rules

Unit-3
Teaching Hours:8
Jurisdiction
 

Traditional English rules, principles and European rules

Unit-4
Teaching Hours:10
Sovereign and Diplomatic Immunity
 

Foreign state, foreign diplomat, recognition and enforcement of foreign judgement, foreign arbitral awards

Unit-4
Teaching Hours:10
Sovereign and Diplomatic Immunity
 

Foreign state, foreign diplomat, recognition and enforcement of foreign judgement, foreign arbitral awards

Unit-5
Teaching Hours:10
Marriage and Child
 

Formalities of marriage, capacity to marry, consanguinity and affinity, polygamous marriages, matrimonial causes, recognition of divorces, separations and annulments, financial relief, child care and child abduction, child adoption

Unit-5
Teaching Hours:10
Marriage and Child
 

Formalities of marriage, capacity to marry, consanguinity and affinity, polygamous marriages, matrimonial causes, recognition of divorces, separations and annulments, financial relief, child care and child abduction, child adoption

Unit-6
Teaching Hours:10
Torts, Contracts and Property
 

Rome Conventions I and II, product liability, unfair competition, environmental damage, defamation, consumer contracts, jurisdiction over immovable property, governmental seizure of property

Unit-6
Teaching Hours:10
Torts, Contracts and Property
 

Rome Conventions I and II, product liability, unfair competition, environmental damage, defamation, consumer contracts, jurisdiction over immovable property, governmental seizure of property

Unit-7
Teaching Hours:6
International Litigation
 

Substance and procedure, parties and service of process, evidence, remedy. 

Unit-7
Teaching Hours:6
International Litigation
 

Substance and procedure, parties and service of process, evidence, remedy. 

Text Books And Reference Books:

1. Setalvad, Atul M. Conflict of Laws. 2nded. New Delhi: LexisNexis ButterworthsWadhwa Nagpur, 2009.

2. Briggs, Adrian. The Conflict of Laws. Oxford: Oxford University Press, 2002.

3. McClean, David and KischBeevers. The Conflict of Laws. London: Sweet and Maxwell, 2009.

4. Hood, Kirsty J. Conflict of Laws within the U.K. Oxford: Oxford University Press, 2007.

5. Collins, Sir Lawrence. Dicey, Morris and Collins on the Conflict of Laws. 2 Vols. 14th ed. London: Sweet and Maxwell, 2006.

6. Mayss, Abla. Principles of Conflict of Laws. 3rd ed. London: Cavendish Publishing Limited, 1998.

Essential Reading / Recommended Reading

1. Collier, J. G. Conflict of Laws. 3rd ed. London: Cambridge University Press, 2001.

2. Symeonides, Symeon C. Conflict of Laws: American, Comparative, International. St. Paul Minn: West Group, 1998

3. RajatDosti, “Validity Of Marriage And Conflict Of Laws”, 2010 ILI Law Review 269

4. Linda Silberman, "Judicial Jurisdiction in the Conflict of Laws Course: Adding a Comparative Dimension", 1995 (28) Vanderbilt Journal of Transnational Law 389

5. Linda Silberman, "Some Judgments on Judgments: A View from America. Graveson Lecture", 2008 (19) Kings’s Law Journal 235

6. Linda Silbermanand Karin Wolfe, “The Importance of Private International Law for Family Issues in an Era of Globalization: Two Case Studies – International Child Abduction and Same-Sex Unions”, 2003 (32) Hofstra Law Review 233

 

 

Evaluation Pattern

 CIA I- Class Test 20 marks             - 10%

CIA II - Mid Semester Examination - 25% 

CIA III - Problem related exercise    – 10%

Attendance                                        - 05%

End semester examination               - 50%

Total                                                  -100%

 

 

LAW886E - INTERNATIONAL CRIMINAL LAW (2021 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

International Criminal Law (ICL) is a subset of Public International Law that deals with the trial and punishment for international crimes. Quite different from public international law, ICL focuses on individuals and the concept of individual criminal responsibility. Individual criminal responsibility has to do with establishing the guilt of an individual as a partaker in the commissioning of international crimes. Undoubtedly, mens rea and actus reus play a crucial role in the establishing of guilt of individuals in international crimes. Defenses to criminal intent also play a crucial role in confirmation of the indictment against the accused. The procedure towards conducting a criminal trial before an ordinary national court is very much the essence of international criminal court/ tribunals also. The purpose of this course is to provide an insight into the distinct features of ICL, the basic principles pertaining to ICL and to understand the working of ICL through International Criminal Court and other fora.

Learning Outcome

CO1: Demonstrate a clear understanding of the development of and importance of international criminal law.

CO2: Identify the sources of international criminal law.

CO3: Identify, describe and analyse the evolution and development of the concept of individual criminal responsibility.

CO4: Describe in detail the defences to liability under international criminal law.

Unit-1
Teaching Hours:12
MODERN HISTORY OF INTERNATIONAL CRIMINAL LAW
 

International Military Tribunal, Nuremberg trials, International Military Tribunal for the Far East, ICTY, ICTR, ICC

Unit-1
Teaching Hours:12
MODERN HISTORY OF INTERNATIONAL CRIMINAL LAW
 

International Military Tribunal, Nuremberg trials, International Military Tribunal for the Far East, ICTY, ICTR, ICC

Unit-1
Teaching Hours:12
MODERN HISTORY OF INTERNATIONAL CRIMINAL LAW
 

International Military Tribunal, Nuremberg trials, International Military Tribunal for the Far East, ICTY, ICTR, ICC

Unit-1
Teaching Hours:12
MODERN HISTORY OF INTERNATIONAL CRIMINAL LAW
 

International Military Tribunal, Nuremberg trials, International Military Tribunal for the Far East, ICTY, ICTR, ICC

Unit-2
Teaching Hours:8
FRAMEWORK OF INTERNATIONAL CRIMINAL LAW
 

Sources of International Criminal Law, international criminalisation process, enforcement of international criminal law, jurisdiction under international criminal law

Unit-2
Teaching Hours:8
FRAMEWORK OF INTERNATIONAL CRIMINAL LAW
 

Sources of International Criminal Law, international criminalisation process, enforcement of international criminal law, jurisdiction under international criminal law

Unit-2
Teaching Hours:8
FRAMEWORK OF INTERNATIONAL CRIMINAL LAW
 

Sources of International Criminal Law, international criminalisation process, enforcement of international criminal law, jurisdiction under international criminal law

Unit-2
Teaching Hours:8
FRAMEWORK OF INTERNATIONAL CRIMINAL LAW
 

Sources of International Criminal Law, international criminalisation process, enforcement of international criminal law, jurisdiction under international criminal law

Unit-3
Teaching Hours:12
INDIVIDUAL CRIMINAL RESPONSIBILITY
 

Concept of individual criminal responsibility, evolution, actus reus, mens rea, analysis of various forms of actus reus and mens rea

Unit-3
Teaching Hours:12
INDIVIDUAL CRIMINAL RESPONSIBILITY
 

Concept of individual criminal responsibility, evolution, actus reus, mens rea, analysis of various forms of actus reus and mens rea

Unit-3
Teaching Hours:12
INDIVIDUAL CRIMINAL RESPONSIBILITY
 

Concept of individual criminal responsibility, evolution, actus reus, mens rea, analysis of various forms of actus reus and mens rea

Unit-3
Teaching Hours:12
INDIVIDUAL CRIMINAL RESPONSIBILITY
 

Concept of individual criminal responsibility, evolution, actus reus, mens rea, analysis of various forms of actus reus and mens rea

Unit-4
Teaching Hours:12
DEFENCES IN INTERNATIONAL CRIMINAL LAW AND THE STATUS OF MINORS
 

Superior orders, duress and necessity, self-defense, intoxication, mistake of fact or law, mental incapacity

 

Unit-4
Teaching Hours:12
DEFENCES IN INTERNATIONAL CRIMINAL LAW AND THE STATUS OF MINORS
 

Superior orders, duress and necessity, self-defense, intoxication, mistake of fact or law, mental incapacity

 

Unit-4
Teaching Hours:12
DEFENCES IN INTERNATIONAL CRIMINAL LAW AND THE STATUS OF MINORS
 

Superior orders, duress and necessity, self-defense, intoxication, mistake of fact or law, mental incapacity

 

Unit-4
Teaching Hours:12
DEFENCES IN INTERNATIONAL CRIMINAL LAW AND THE STATUS OF MINORS
 

Superior orders, duress and necessity, self-defense, intoxication, mistake of fact or law, mental incapacity

 

Unit-5
Teaching Hours:12
CRIMES UNDER THE ICC STATUTE
 

Genocide, Crimes against Humanity, War Crimes, Aggression

Unit-5
Teaching Hours:12
CRIMES UNDER THE ICC STATUTE
 

Genocide, Crimes against Humanity, War Crimes, Aggression

Unit-5
Teaching Hours:12
CRIMES UNDER THE ICC STATUTE
 

Genocide, Crimes against Humanity, War Crimes, Aggression

Unit-5
Teaching Hours:12
CRIMES UNDER THE ICC STATUTE
 

Genocide, Crimes against Humanity, War Crimes, Aggression

Unit-6
Teaching Hours:4
THE WORKING AND PROCEDURE OF ICC
 

Working of the ICC, internationalised domestic tribunals, Indian perspectives on ICC, mutual legal assistance mechanisms

Unit-6
Teaching Hours:4
THE WORKING AND PROCEDURE OF ICC
 

Working of the ICC, internationalised domestic tribunals, Indian perspectives on ICC, mutual legal assistance mechanisms

Unit-6
Teaching Hours:4
THE WORKING AND PROCEDURE OF ICC
 

Working of the ICC, internationalised domestic tribunals, Indian perspectives on ICC, mutual legal assistance mechanisms

Unit-6
Teaching Hours:4
THE WORKING AND PROCEDURE OF ICC
 

Working of the ICC, internationalised domestic tribunals, Indian perspectives on ICC, mutual legal assistance mechanisms

Text Books And Reference Books:
  1. IIias Bantekas and Susan Nash, International Criminal Law, 3rd edition, 2007
  2. Robert Cryer et.al, International Criminal law and Procedure, 2nd ed. Cambridge, 2010
  3. William A. Schabas, The International Criminal Court: A Commentary of the Rome Statute, Oxford, 2010.
  4. Alamuddin et al (eds.), The Special Tribunal for Lebanon, 2014, Oxford Books.
  5. Waters, The Milosevic Trial, 2014, Oxford Books.
  6. Heller and Simpson (eds), The Hidden Histories of War Crimes Trials, 2014, Oxford Books.
  7. Shahabuddeen, International Criminal Justice at the Yugoslav Tribunal, 2014, Oxford Books.
  8. Jorgensen, The Responsibility of States for International Crimes, 2012, Oxford Books.
Essential Reading / Recommended Reading

·         London Agreement

·         Nuremberg Charter

·         Tokyo Charter

       ICC Statute

·         ICTY Statute

·         ICTR Statute

Evaluation Pattern

·         CIA I – Class Test / Assignment / Presentation            – 10%

·         CIA II – Mid Semester Examination                                  – 25%

·         CIA III – Research Topic                                                     – 10%

·         Attendance                                                                            – 05%

·         End Semester Examination                                                – 50%

                                                                                                    TOTAL 100%

LAW951 - LAW OF TAXATION (2020 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

 

The course primarily focuses on providing an overview on matters relating to Indian tax laws in a systematic manner. The course being divided into two parts i.e., direct and indirect taxes, help the students understand the significant aspects of tax laws. The main aim of this course is to impart knowledge to the students about basic principles as enunciated through legislative provisions and case laws. Through this course, students are equipped to apply the principles and provisions of tax laws and are guided to interpret and understand the taxation statutes and judgments.

The course is designed to incorporate eight units. Unit 1 provides a historical account of taxation and constitutional footing of the same in India. Unit 2 covers the fundamental notions of the Income Tax Act, 1961 and its underlying concepts. Unit 3 deals with the tax treatment under heads of salary and house property. The aspects of tax treatment under the head profits and gains under business or profession and capital gains are covered in Unit 4. Unit 5 dwells into the computation of income from other sources, provisions of set off and carry forward. Unit 6 aims to understand the determination of tax liability as an important component of tax regime. Unit 7 deals with Goods and Service Tax and the statutory requirements pertaining to the same.

The Course aims to:

·       Introduce the basic concepts of taxation and have a broad understanding of evolution of taxing statutes in our nation

·       Enhance the skills of interpretation and the application of the traditionally established principles of law in taxation

·       Acquaint with the basics of different heads of income and their applicability

·       Provide in- depth understanding of the existing legal framework through case law analysis

·       Introduce practical aspects that the student might encounter while applying concepts of taxation

·       Develop skill of reasoned application of principles of interpretation in taxing statutes and cases

Learning Outcome

CO1: Describe the basic concepts relating to Income Tax Act, 1961 and GST Act, 2017

CO2: Explain different types of incomes, their taxability, expenses and deductibility

CO3: Interpret the provisions and cases relating to tax laws

CO4: Learn various direct and indirect taxes and their implication in practical situations

Unit-1
Teaching Hours:10
HISTORICAL AND CONSTITUTIONAL FOOTINGS OF TAXATION
 

Historical Background of Taxation in India, Canons of a Good Taxing System, Characteristics of Tax, Reasons for Taxation, Kinds of Taxation, Types of Taxes, Merits and Demerits of Direct and Indirect taxes, Constitutional Provisions relating to Taxation.

Unit-1
Teaching Hours:10
HISTORICAL AND CONSTITUTIONAL FOOTINGS OF TAXATION
 

Historical Background of Taxation in India, Canons of a Good Taxing System, Characteristics of Tax, Reasons for Taxation, Kinds of Taxation, Types of Taxes, Merits and Demerits of Direct and Indirect taxes, Constitutional Provisions relating to Taxation.

Unit-1
Teaching Hours:10
HISTORICAL AND CONSTITUTIONAL FOOTINGS OF TAXATION
 

Historical Background of Taxation in India, Canons of a Good Taxing System, Characteristics of Tax, Reasons for Taxation, Kinds of Taxation, Types of Taxes, Merits and Demerits of Direct and Indirect taxes, Constitutional Provisions relating to Taxation.

Unit-1
Teaching Hours:10
HISTORICAL AND CONSTITUTIONAL FOOTINGS OF TAXATION
 

Historical Background of Taxation in India, Canons of a Good Taxing System, Characteristics of Tax, Reasons for Taxation, Kinds of Taxation, Types of Taxes, Merits and Demerits of Direct and Indirect taxes, Constitutional Provisions relating to Taxation.

Unit-2
Teaching Hours:10
DIRECT TAX LAWS MODULE 2: FUNDAMENTAL NOTIONS OF INCOME TAX ACT, 1961
 

Basic concepts/Definitions – Assesse, Persons,  Previous year, Assessment Year, Distinction between Capital and Revenue Receipts, Income, Basis of Charge and Scope of Total Income, Incomes which do not form part of the Total Income, Residential Status and Incidence of Tax, Agricultural Income and Taxability.

Unit-2
Teaching Hours:10
DIRECT TAX LAWS MODULE 2: FUNDAMENTAL NOTIONS OF INCOME TAX ACT, 1961
 

Basic concepts/Definitions – Assesse, Persons,  Previous year, Assessment Year, Distinction between Capital and Revenue Receipts, Income, Basis of Charge and Scope of Total Income, Incomes which do not form part of the Total Income, Residential Status and Incidence of Tax, Agricultural Income and Taxability.

Unit-2
Teaching Hours:10
DIRECT TAX LAWS MODULE 2: FUNDAMENTAL NOTIONS OF INCOME TAX ACT, 1961
 

Basic concepts/Definitions – Assesse, Persons,  Previous year, Assessment Year, Distinction between Capital and Revenue Receipts, Income, Basis of Charge and Scope of Total Income, Incomes which do not form part of the Total Income, Residential Status and Incidence of Tax, Agricultural Income and Taxability.

Unit-2
Teaching Hours:10
DIRECT TAX LAWS MODULE 2: FUNDAMENTAL NOTIONS OF INCOME TAX ACT, 1961
 

Basic concepts/Definitions – Assesse, Persons,  Previous year, Assessment Year, Distinction between Capital and Revenue Receipts, Income, Basis of Charge and Scope of Total Income, Incomes which do not form part of the Total Income, Residential Status and Incidence of Tax, Agricultural Income and Taxability.

Unit-3
Teaching Hours:8
TAX TREATMENT UNDER SALARIES AND HOUSE PROPERTY
 

Heads of Income, Basis of Charge of Salaries, Concept of Allowances and Perquisites, Profits in lieu of Salary, Computation of Salary in Tax, Deduction from Salaries, Basics relating to Income from House Property, Charging Section in House Property, Determination of Annual Value, Deductions under the head House Property.

Unit-3
Teaching Hours:8
TAX TREATMENT UNDER SALARIES AND HOUSE PROPERTY
 

Heads of Income, Basis of Charge of Salaries, Concept of Allowances and Perquisites, Profits in lieu of Salary, Computation of Salary in Tax, Deduction from Salaries, Basics relating to Income from House Property, Charging Section in House Property, Determination of Annual Value, Deductions under the head House Property.

Unit-3
Teaching Hours:8
TAX TREATMENT UNDER SALARIES AND HOUSE PROPERTY
 

Heads of Income, Basis of Charge of Salaries, Concept of Allowances and Perquisites, Profits in lieu of Salary, Computation of Salary in Tax, Deduction from Salaries, Basics relating to Income from House Property, Charging Section in House Property, Determination of Annual Value, Deductions under the head House Property.

Unit-3
Teaching Hours:8
TAX TREATMENT UNDER SALARIES AND HOUSE PROPERTY
 

Heads of Income, Basis of Charge of Salaries, Concept of Allowances and Perquisites, Profits in lieu of Salary, Computation of Salary in Tax, Deduction from Salaries, Basics relating to Income from House Property, Charging Section in House Property, Determination of Annual Value, Deductions under the head House Property.

Unit-4
Teaching Hours:8
TAX TREATMENT UNDER BUSINESS OR PROFESSION AND CAPITAL GAINS
 

Meaning of Business or Profession, Charging Section of Business or Profession, Computation of Profits and Gains of Business or Profession, Aspects of Depreciation under this head, Deductions, Special Provisions for Business or Profession, Concept of Capital Gains, Basis of Charge, Long Term and Short Term Capital Gains, Computation and Deductions.

Unit-4
Teaching Hours:8
TAX TREATMENT UNDER BUSINESS OR PROFESSION AND CAPITAL GAINS
 

Meaning of Business or Profession, Charging Section of Business or Profession, Computation of Profits and Gains of Business or Profession, Aspects of Depreciation under this head, Deductions, Special Provisions for Business or Profession, Concept of Capital Gains, Basis of Charge, Long Term and Short Term Capital Gains, Computation and Deductions.

Unit-4
Teaching Hours:8
TAX TREATMENT UNDER BUSINESS OR PROFESSION AND CAPITAL GAINS
 

Meaning of Business or Profession, Charging Section of Business or Profession, Computation of Profits and Gains of Business or Profession, Aspects of Depreciation under this head, Deductions, Special Provisions for Business or Profession, Concept of Capital Gains, Basis of Charge, Long Term and Short Term Capital Gains, Computation and Deductions.

Unit-4
Teaching Hours:8
TAX TREATMENT UNDER BUSINESS OR PROFESSION AND CAPITAL GAINS
 

Meaning of Business or Profession, Charging Section of Business or Profession, Computation of Profits and Gains of Business or Profession, Aspects of Depreciation under this head, Deductions, Special Provisions for Business or Profession, Concept of Capital Gains, Basis of Charge, Long Term and Short Term Capital Gains, Computation and Deductions.

Unit-5
Teaching Hours:8
TAX TREATMENT UNDER INCOME FROM OTHER SOURCES AND ALLIED CONCEPTS
 

Income from Other Sources, Income from Other Persons included in Assessee’s Total Income, Aggregation of Income and Set off or Carry Forward of Losses, Various Deductions to be made in computing Total Income, Tax Holiday, Rebates and Reliefs.

Unit-5
Teaching Hours:8
TAX TREATMENT UNDER INCOME FROM OTHER SOURCES AND ALLIED CONCEPTS
 

Income from Other Sources, Income from Other Persons included in Assessee’s Total Income, Aggregation of Income and Set off or Carry Forward of Losses, Various Deductions to be made in computing Total Income, Tax Holiday, Rebates and Reliefs.

Unit-5
Teaching Hours:8
TAX TREATMENT UNDER INCOME FROM OTHER SOURCES AND ALLIED CONCEPTS
 

Income from Other Sources, Income from Other Persons included in Assessee’s Total Income, Aggregation of Income and Set off or Carry Forward of Losses, Various Deductions to be made in computing Total Income, Tax Holiday, Rebates and Reliefs.

Unit-5
Teaching Hours:8
TAX TREATMENT UNDER INCOME FROM OTHER SOURCES AND ALLIED CONCEPTS
 

Income from Other Sources, Income from Other Persons included in Assessee’s Total Income, Aggregation of Income and Set off or Carry Forward of Losses, Various Deductions to be made in computing Total Income, Tax Holiday, Rebates and Reliefs.

Unit-6
Teaching Hours:8
DETERMINATION OF TAX LIABILITY AND INCIDENTAL CONCEPTS
 

Filing of returns, E-filing, Types of Returns, Permanent Account Number, Types of Assessment, Income Escaping Assessment, Tax Deduction at Source, Tax Collection at Source, Recovery and Refund of Tax, Provisions of Advance tax, Income Tax Authorities and their Powers including search and seizure, Appeals, Penalties.

Unit-6
Teaching Hours:8
DETERMINATION OF TAX LIABILITY AND INCIDENTAL CONCEPTS
 

Filing of returns, E-filing, Types of Returns, Permanent Account Number, Types of Assessment, Income Escaping Assessment, Tax Deduction at Source, Tax Collection at Source, Recovery and Refund of Tax, Provisions of Advance tax, Income Tax Authorities and their Powers including search and seizure, Appeals, Penalties.

Unit-6
Teaching Hours:8
DETERMINATION OF TAX LIABILITY AND INCIDENTAL CONCEPTS
 

Filing of returns, E-filing, Types of Returns, Permanent Account Number, Types of Assessment, Income Escaping Assessment, Tax Deduction at Source, Tax Collection at Source, Recovery and Refund of Tax, Provisions of Advance tax, Income Tax Authorities and their Powers including search and seizure, Appeals, Penalties.

Unit-6
Teaching Hours:8
DETERMINATION OF TAX LIABILITY AND INCIDENTAL CONCEPTS
 

Filing of returns, E-filing, Types of Returns, Permanent Account Number, Types of Assessment, Income Escaping Assessment, Tax Deduction at Source, Tax Collection at Source, Recovery and Refund of Tax, Provisions of Advance tax, Income Tax Authorities and their Powers including search and seizure, Appeals, Penalties.

Unit-7
Teaching Hours:8
GOODS AND SERVICE TAX
 

Legislative Background, Constitutional Amendment,  Basic Concepts of GST, IGST, CGST, SGST, GST (Compensation to the States) Bill, Transitional Provisions, Rates of Tax, Computation and Procedural Aspects, Assessment, Offences and Penalties, Authorities and their powers.

Unit-7
Teaching Hours:8
GOODS AND SERVICE TAX
 

Legislative Background, Constitutional Amendment,  Basic Concepts of GST, IGST, CGST, SGST, GST (Compensation to the States) Bill, Transitional Provisions, Rates of Tax, Computation and Procedural Aspects, Assessment, Offences and Penalties, Authorities and their powers.

Unit-7
Teaching Hours:8
GOODS AND SERVICE TAX
 

Legislative Background, Constitutional Amendment,  Basic Concepts of GST, IGST, CGST, SGST, GST (Compensation to the States) Bill, Transitional Provisions, Rates of Tax, Computation and Procedural Aspects, Assessment, Offences and Penalties, Authorities and their powers.

Unit-7
Teaching Hours:8
GOODS AND SERVICE TAX
 

Legislative Background, Constitutional Amendment,  Basic Concepts of GST, IGST, CGST, SGST, GST (Compensation to the States) Bill, Transitional Provisions, Rates of Tax, Computation and Procedural Aspects, Assessment, Offences and Penalties, Authorities and their powers.

Text Books And Reference Books:

1.      Dr.Girish Ahuja and Dr.Ravi Gupta, Systematic Approach to Taxation, Bharat 33rd Edition, 2016-2017

2.      Dr. Vinod Singhania and Dr .Kapil Singhania, Direct taxes law and Practice, Taxmann, 43rd Edition

3.      Sampath Iyengar, Law of Income tax ,Bharat Law House, 2008

4.      K N Chaturvedi, Interpretation of Taxing Statutes, Taxmann, 2008

5.      Dr. A L Saini & Dinesh Saini, Practice Guide to Appeals and Petitions Under Income Tax Act, 2016

6.      V.S. Datey, All About GST- A Complete Guide to New Model GST Law, 5th  Edition, Taxmann, 2017

Essential Reading / Recommended Reading

Dr.Girish Ahuja and Dr.Ravi Gupta, Systematic Approach to Taxation, Bharat 33rd Edition, 2016-2017

2.      Dr. Vinod Singhania and Dr .Kapil Singhania, Direct taxes law and Practice, Taxmann, 43rd Edition

3.      Sampath Iyengar, Law of Income tax ,Bharat Law House, 2008

Evaluation Pattern

·         CIA I – Class Test / Assignment / Presentation            – 10%

·         CIA II – Mid Semester Examination                                  – 25%

·         CIA III – Research Topic                                                     – 10%

·         Attendance                                                                            – 05%

·         End Semester Examination                                                – 50%

                                                                                                    TOTAL 100%

LAW952 - LAW OF EVIDENCE (2020 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

 Unit 1 is designed to familiarise students with the basic terms of law of evidence. Unit 2 acquaints students with the concept of relevancy of facts. Unit 3 deals with admissions and confessions and their relevance in proving a case. Unit 4 deals with the proof of facts on evidence of persons who cannot be called to court to give evidence. Unit 5 is to make the students understand the relevance of judgements and orders of courts in other cases to prove facts in the current case. Unit 6 clarifies the circumstances in which character can be proved. Unit 7 generally deals with witnesses and proof of facts. Unit 8 is to give students knowledge of oral evidence and the rules governing production of oral evidence, while Unit 9 introduces the students to documentary evidence. Unit 10 deals exhaustively with the rules regarding burden of proof.

Course Objectives:

1. To understand and apply the rules of evidence.

2. To learn associated trial and lawyering skills.

3. To be able to synthesize the rules and use them in the context of a trial or other Proceedings.

4. To be able to apply the rules of evidence to a wide variety of fact situations.

5. To develop competent advocacy skills relating to evidence issues.

 

 

Learning Outcome

CO1: Identify the elementary principle of the Law of Evidence, general nature of evidence law and different types of evidence.

CO2: Evaluate the rules relating to relevancy and admissibility of certain facts such as admission, confession, dying declaration.

CO3: Make an argument for or against the admissibility of evidence including that which has been unlawfully obtained, or of character evidence.

CO4: Analyse the relevancy of opinions, expert testimony and hearsay evidences.

CO5: Compare a variety of case file materials (primary and secondary documents, oral evidences etc.) to make a coherent and persuasive argument for the admission or exclusion of a specific item of evidence.

CO6: Determine and analyse the standard of proof and burden of proof in civil and criminal cases, and specify types of presumptions.

CO7: Determine the rules relating to competence and compellability of witnesses in relation to a suit or a trial.

UNIT 1
Teaching Hours:6
INTRODUCTION
 

 

Objects and Reasons of the Bharatiya Sakshya Adhiniyam, 2023, definitions of: “fact”, “facts in issue”, “relevant”, “document”, “evidence”, “proved”, “disproved” and “not proved”, “may presume”, “shall presume” and “conclusive proof”.

 

UNIT 1
Teaching Hours:6
INTRODUCTION
 

 

Objects and Reasons of the Bharatiya Sakshya Adhiniyam, 2023, definitions of: “fact”, “facts in issue”, “relevant”, “document”, “evidence”, “proved”, “disproved” and “not proved”, “may presume”, “shall presume” and “conclusive proof”.

 

UNIT 1
Teaching Hours:6
INTRODUCTION
 

 

Objects and Reasons of the Bharatiya Sakshya Adhiniyam, 2023, definitions of: “fact”, “facts in issue”, “relevant”, “document”, “evidence”, “proved”, “disproved” and “not proved”, “may presume”, “shall presume” and “conclusive proof”.

 

UNIT 1
Teaching Hours:6
INTRODUCTION
 

 

Objects and Reasons of the Bharatiya Sakshya Adhiniyam, 2023, definitions of: “fact”, “facts in issue”, “relevant”, “document”, “evidence”, “proved”, “disproved” and “not proved”, “may presume”, “shall presume” and “conclusive proof”.

 

UNIT 2
Teaching Hours:10
RELEVANCY OF FACTS
 

 

Motive, preparation, previous or subsequent conduct, role of motive in an offence, facts necessary to explain or introduce relevant facts, identification of accused, existence of conspiracy, significance of common intention etc.

 

UNIT 2
Teaching Hours:10
RELEVANCY OF FACTS
 

 

Motive, preparation, previous or subsequent conduct, role of motive in an offence, facts necessary to explain or introduce relevant facts, identification of accused, existence of conspiracy, significance of common intention etc.

 

UNIT 2
Teaching Hours:10
RELEVANCY OF FACTS
 

 

Motive, preparation, previous or subsequent conduct, role of motive in an offence, facts necessary to explain or introduce relevant facts, identification of accused, existence of conspiracy, significance of common intention etc.

 

UNIT 2
Teaching Hours:10
RELEVANCY OF FACTS
 

 

Motive, preparation, previous or subsequent conduct, role of motive in an offence, facts necessary to explain or introduce relevant facts, identification of accused, existence of conspiracy, significance of common intention etc.

 

UNIT 3
Teaching Hours:8
ADMISSIONS AND CONFESSION
 

 

Admission defined. Oral admissions, admission in civil cases, confession, information received from accused etc.

 

UNIT 3
Teaching Hours:8
ADMISSIONS AND CONFESSION
 

 

Admission defined. Oral admissions, admission in civil cases, confession, information received from accused etc.

 

UNIT 3
Teaching Hours:8
ADMISSIONS AND CONFESSION
 

 

Admission defined. Oral admissions, admission in civil cases, confession, information received from accused etc.

 

UNIT 3
Teaching Hours:8
ADMISSIONS AND CONFESSION
 

 

Admission defined. Oral admissions, admission in civil cases, confession, information received from accused etc.

 

UNIT 4
Teaching Hours:4
STATEMENTS BY PERSONS WHO CANNOT BE CALLED AS WITNESS
 

 

Who is dead or cannot be found: Statements made under special circumstances Entries in books of account, public record or electronic record, maps, charts & plans, law contained in law books.

 

UNIT 4
Teaching Hours:4
STATEMENTS BY PERSONS WHO CANNOT BE CALLED AS WITNESS
 

 

Who is dead or cannot be found: Statements made under special circumstances Entries in books of account, public record or electronic record, maps, charts & plans, law contained in law books.

 

UNIT 4
Teaching Hours:4
STATEMENTS BY PERSONS WHO CANNOT BE CALLED AS WITNESS
 

 

Who is dead or cannot be found: Statements made under special circumstances Entries in books of account, public record or electronic record, maps, charts & plans, law contained in law books.

 

UNIT 4
Teaching Hours:4
STATEMENTS BY PERSONS WHO CANNOT BE CALLED AS WITNESS
 

 

Who is dead or cannot be found: Statements made under special circumstances Entries in books of account, public record or electronic record, maps, charts & plans, law contained in law books.

 

UNIT 5
Teaching Hours:8
JUDGMENT AND OPINIONS
 

 

Previous judgements, judgements in probate etc, fraud or collusion in obtaining judgement or incompetence of court may be proved.

Opinion of experts, handwriting, digital signature, existence of right or custom, usages, tenets, opinion on relationship, grounds or opinion.

 

UNIT 5
Teaching Hours:8
JUDGMENT AND OPINIONS
 

 

Previous judgements, judgements in probate etc, fraud or collusion in obtaining judgement or incompetence of court may be proved.

Opinion of experts, handwriting, digital signature, existence of right or custom, usages, tenets, opinion on relationship, grounds or opinion.

 

UNIT 5
Teaching Hours:8
JUDGMENT AND OPINIONS
 

 

Previous judgements, judgements in probate etc, fraud or collusion in obtaining judgement or incompetence of court may be proved.

Opinion of experts, handwriting, digital signature, existence of right or custom, usages, tenets, opinion on relationship, grounds or opinion.

 

UNIT 5
Teaching Hours:8
JUDGMENT AND OPINIONS
 

 

Previous judgements, judgements in probate etc, fraud or collusion in obtaining judgement or incompetence of court may be proved.

Opinion of experts, handwriting, digital signature, existence of right or custom, usages, tenets, opinion on relationship, grounds or opinion.

 

UNIT 6
Teaching Hours:4
CHARACTER
 

 

Civil cases and criminal case, previous bad character, character as affecting damages.

 

UNIT 6
Teaching Hours:4
CHARACTER
 

 

Civil cases and criminal case, previous bad character, character as affecting damages.

 

UNIT 6
Teaching Hours:4
CHARACTER
 

 

Civil cases and criminal case, previous bad character, character as affecting damages.

 

UNIT 6
Teaching Hours:4
CHARACTER
 

 

Civil cases and criminal case, previous bad character, character as affecting damages.

 

UNIT 7
Teaching Hours:6
WINTNESSES AND PROOF OF FACTS
 

 

Witnesses, who may testify, judges and magistrates, communication during marriage, professional communications, confidential communication, accomplice.

Facts judicially noticeable, facts admitted

 

UNIT 7
Teaching Hours:6
WINTNESSES AND PROOF OF FACTS
 

 

Witnesses, who may testify, judges and magistrates, communication during marriage, professional communications, confidential communication, accomplice.

Facts judicially noticeable, facts admitted

 

UNIT 7
Teaching Hours:6
WINTNESSES AND PROOF OF FACTS
 

 

Witnesses, who may testify, judges and magistrates, communication during marriage, professional communications, confidential communication, accomplice.

Facts judicially noticeable, facts admitted

 

UNIT 7
Teaching Hours:6
WINTNESSES AND PROOF OF FACTS
 

 

Witnesses, who may testify, judges and magistrates, communication during marriage, professional communications, confidential communication, accomplice.

Facts judicially noticeable, facts admitted

 

UNIT 8
Teaching Hours:4
ORAL EVIDENCE
 

 

Proof of facts by oral evidence. Direct and Hearsay Evidence. Exclusion of Oral by Documentary Evidence, Evidence of Terms of Contracts, Grants Etc.

Examination of Witness: Examination-in-chief, leading questions, cross examination, indecent and scandalous questions, impeaching credit of witnesses, refreshing memory, production of documents, judge’s power to put questions etc. Improper admission and rejection of evidence.

 

UNIT 8
Teaching Hours:4
ORAL EVIDENCE
 

 

Proof of facts by oral evidence. Direct and Hearsay Evidence. Exclusion of Oral by Documentary Evidence, Evidence of Terms of Contracts, Grants Etc.

Examination of Witness: Examination-in-chief, leading questions, cross examination, indecent and scandalous questions, impeaching credit of witnesses, refreshing memory, production of documents, judge’s power to put questions etc. Improper admission and rejection of evidence.

 

UNIT 8
Teaching Hours:4
ORAL EVIDENCE
 

 

Proof of facts by oral evidence. Direct and Hearsay Evidence. Exclusion of Oral by Documentary Evidence, Evidence of Terms of Contracts, Grants Etc.

Examination of Witness: Examination-in-chief, leading questions, cross examination, indecent and scandalous questions, impeaching credit of witnesses, refreshing memory, production of documents, judge’s power to put questions etc. Improper admission and rejection of evidence.

 

UNIT 8
Teaching Hours:4
ORAL EVIDENCE
 

 

Proof of facts by oral evidence. Direct and Hearsay Evidence. Exclusion of Oral by Documentary Evidence, Evidence of Terms of Contracts, Grants Etc.

Examination of Witness: Examination-in-chief, leading questions, cross examination, indecent and scandalous questions, impeaching credit of witnesses, refreshing memory, production of documents, judge’s power to put questions etc. Improper admission and rejection of evidence.

 

UNIT 9
Teaching Hours:4
DOCUMENTARY EVIDENCE
 

 

Contents of documents, primary & Secondary evidence, proof of signature, attesting witness – public & private documents, certified copies, official documents – Presumption as to Documents:Genuineness of certified copies, record of evidence, gazettes, books, collection of laws and report of decisions, powers-of-attorney, digital signature, foreign judicial records, maps, charts, telegraphic messages, documents 30 years old & electronic records 5 years old.

 

UNIT 9
Teaching Hours:4
DOCUMENTARY EVIDENCE
 

 

Contents of documents, primary & Secondary evidence, proof of signature, attesting witness – public & private documents, certified copies, official documents – Presumption as to Documents:Genuineness of certified copies, record of evidence, gazettes, books, collection of laws and report of decisions, powers-of-attorney, digital signature, foreign judicial records, maps, charts, telegraphic messages, documents 30 years old & electronic records 5 years old.

 

UNIT 9
Teaching Hours:4
DOCUMENTARY EVIDENCE
 

 

Contents of documents, primary & Secondary evidence, proof of signature, attesting witness – public & private documents, certified copies, official documents – Presumption as to Documents:Genuineness of certified copies, record of evidence, gazettes, books, collection of laws and report of decisions, powers-of-attorney, digital signature, foreign judicial records, maps, charts, telegraphic messages, documents 30 years old & electronic records 5 years old.

 

UNIT 9
Teaching Hours:4
DOCUMENTARY EVIDENCE
 

 

Contents of documents, primary & Secondary evidence, proof of signature, attesting witness – public & private documents, certified copies, official documents – Presumption as to Documents:Genuineness of certified copies, record of evidence, gazettes, books, collection of laws and report of decisions, powers-of-attorney, digital signature, foreign judicial records, maps, charts, telegraphic messages, documents 30 years old & electronic records 5 years old.

 

UNIT 10
Teaching Hours:6
BURDEN OF PROOF
 

 

On whom burden of proof lies, burden of proving fact to be proved to make evidence admissible, exceptions, presumption as to dowry death, presumptions in cases of rape.

 

UNIT 10
Teaching Hours:6
BURDEN OF PROOF
 

 

On whom burden of proof lies, burden of proving fact to be proved to make evidence admissible, exceptions, presumption as to dowry death, presumptions in cases of rape.

 

UNIT 10
Teaching Hours:6
BURDEN OF PROOF
 

 

On whom burden of proof lies, burden of proving fact to be proved to make evidence admissible, exceptions, presumption as to dowry death, presumptions in cases of rape.

 

UNIT 10
Teaching Hours:6
BURDEN OF PROOF
 

 

On whom burden of proof lies, burden of proving fact to be proved to make evidence admissible, exceptions, presumption as to dowry death, presumptions in cases of rape.

 

Text Books And Reference Books:

1.Singh, Avtar. Principles of the Law of Evidence. Allahabad: Central law Publications, 21st Edition 2014.

2. Lal, Batuk. BatukLal’s Law of Evidence. Allahabad: Orient Publishing Company 2014.

3.  Dr.V.Nageswara Rao: The Indian Evidence Act, Lexis Nexis, Second Edition 2015.

4.  Dr.Asis Mallick: Law of Evidence : Eastern Law House, 1st Edition, 2011.

5.      Nandi. Indian Evidence Act, Kolkata: Kamal Law House, 2005.

6.  Mishra, Ranganath. Supreme Court on Evidence Act. New Delhi: Bharat Law House 2009.

 7.   Vepa P Sarathy’s Elements of Law of Evidence: Eastern Book Company, Lucknow.

 8.  S.V.Joga Rao: Evidence: Cases and materials, Lexis Nexis,Butterworths, 2003.

 

 9.  Indian Evidence Act, 1872. New Delhi: Universal Law Publishing.

Essential Reading / Recommended Reading

 

  • Ratanlal & Dhirajlal: The Law of Evidence, Wadhwa Company, Nagpur , 2014.

  • Woodroffe and Amir Ali (Revised by: B.M.Prasad,Manish Mohan) , Lexis Nexis, 2012.

  • Monir M., Text Book on the Law of Evidence. New Delhi: Universal Law Publishing, 2010.

  • Sarkar S.C, Commentary on Indian Evidence Act, 1872., Vol. 1 & 2: Dwivedi Law Agency, Allahbad.

  • Field. Field’s Commentary on Law of Evidence. Delhi: D. L. House, 2006

Evaluation Pattern

1)      CIA 1 – 10%

2)      CIA 2 – 25%

3)      CIA 3 – 10%

4)      End Sem – 50%

LAW963 - COMPETITION LAW (2020 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

 

The basic purpose of competition law in any country is to ensure that markets remain competitive to benefit both the businesses and consumers. The compliance by the market participants of competition law, provisions and directions issued by competition authority is a prerequisite in achieving the purpose of law. The process of globalization and liberalization has brought a considerable awareness towards improving the competitive process in developing economies such as India. The Competition Act, 2002 which replaced the MRTP Act, 1969 was enacted to provide, keeping in view of the economic development of the country for the establishment of a commission, to prevent practices having adverse effect on competition to promote and sustain competition in markets and to protect consumer interest. This course seeks to provide fundamentals of market economy and extensive knowledge of application of competition policy in India. Competition Law regulates firm’s market conduct in order to prevent anti-competitive effects on the markets and thereby maintain efficient competition. Competition law contains three pillars – prohibition of anti-competitive agreements (Horizontal and Vertical Agreements), prohibition of abuse of market power and regulation of combinations. These rules are supplemented both by legislations and treaty provisions. This area of law gives the students a good opportunity to study the interrelation between law and economics since these legal norms are often based on economic theory.

This course consists of eight units.

 

First unit deals with the introduction to competition law including certain basic concepts of Markets and certain economics concepts relating to competition in general.

Second unit deals with the fundamentals of competition law which includes various tests for market delineation, Demand side substitutability, supply side substitutability etc.

Third unit deals with Anti-Competitive agreements including the scope of such agreements under Competition Act, 2002 as well as comparative analysis of such agreements with other jurisdictions.

Fourth unit consists of abuse of dominant position including the scope of the concept under Competition Act, 2002 and its implementation in other jurisdictions.

Sixth unit deals with Combinations including its scope under Competition Act, 2002 and other jurisdictions.

unit Fifth unit deals with the procedural aspects of Competition law under the Competition Act, 2002 including the role of Competition Commission of India.

 

Seventh unit deals with the interplay between Intellectual Property Rights and Competition law.

 

·      Course Objectives :

  •   To equip students with an understanding of principles of Competition law, together with the ability to subject it to critical, legal and economic analysis.
  •  To provide an understanding of fundamentals of market economy and extensive knowledge of application of competition policy on such systems in India.
  • To study the developments of the policy of free and fair Competition in India in the light of latest  legal developments, from MRTP to the Competition Act.
  • To study and understand the working of Competition Law Enforcement and compare the same with US and EU.
  • To compare substantive laws relating to Competition in India, EU and US, including the control of monopoly and oligopoly, merger control, anti-competitive agreement and abuse of dominant position.

 

Learning Outcome

CO1: Identify the challenges faced by corporations when they expand in an organic or non-organic manner into new territories, markets and products

CO2: Examine the types of behaviors and market circumstances that invoke Competition law and policy and be able to appreciate economic theory, practice and analytic tools that underpin and inform Competition law and policy

CO3: Analyze and apply economic theory and the legal requirements of CCI and NCLAT to determine and resolve complex Competition law issues

CO4: Critically analyze the strategies and mechanisms of Competition Law Enforcement

CO5: Independently research and evaluate solutions to more complex Competition law, economic, legal and enforcement issues, through interdisciplinary learning.

Unit-1
Teaching Hours:10
INTRODUCTION TO COMPETITION LAW
 

Concept of market, Open market- Regulated market, Market functions of role of competition law, Nature & Scope of competition law and policy, Evolution & Growth of competition law, Theoretical foundations of competition law, Competition Act, 2002- overview, definitions and ideas of agreement, dominant position, combination and effects of anti- competitive activities

Unit-1
Teaching Hours:10
INTRODUCTION TO COMPETITION LAW
 

Concept of market, Open market- Regulated market, Market functions of role of competition law, Nature & Scope of competition law and policy, Evolution & Growth of competition law, Theoretical foundations of competition law, Competition Act, 2002- overview, definitions and ideas of agreement, dominant position, combination and effects of anti- competitive activities

Unit-1
Teaching Hours:10
INTRODUCTION TO COMPETITION LAW
 

Concept of market, Open market- Regulated market, Market functions of role of competition law, Nature & Scope of competition law and policy, Evolution & Growth of competition law, Theoretical foundations of competition law, Competition Act, 2002- overview, definitions and ideas of agreement, dominant position, combination and effects of anti- competitive activities

Unit-1
Teaching Hours:10
INTRODUCTION TO COMPETITION LAW
 

Concept of market, Open market- Regulated market, Market functions of role of competition law, Nature & Scope of competition law and policy, Evolution & Growth of competition law, Theoretical foundations of competition law, Competition Act, 2002- overview, definitions and ideas of agreement, dominant position, combination and effects of anti- competitive activities

Unit-2
Teaching Hours:6
FUNDAMENTALS OF COMPETITION LAW
 

     Market definition and dimensions & Concept of relevant market, Tests for Market delineation- Demand Side Substitutability, Supply Side Substitutability, SSNIP Test, Efficiency of market and issues of agreements, combinations, Market failure, Information asymmetry- moral hazard and adverse selection, Concept of market power, dominant position, Substantial degree of market power, Business rationale, Proscribe test, Tests for anti- competitive practices

Unit-2
Teaching Hours:6
FUNDAMENTALS OF COMPETITION LAW
 

     Market definition and dimensions & Concept of relevant market, Tests for Market delineation- Demand Side Substitutability, Supply Side Substitutability, SSNIP Test, Efficiency of market and issues of agreements, combinations, Market failure, Information asymmetry- moral hazard and adverse selection, Concept of market power, dominant position, Substantial degree of market power, Business rationale, Proscribe test, Tests for anti- competitive practices

Unit-2
Teaching Hours:6
FUNDAMENTALS OF COMPETITION LAW
 

     Market definition and dimensions & Concept of relevant market, Tests for Market delineation- Demand Side Substitutability, Supply Side Substitutability, SSNIP Test, Efficiency of market and issues of agreements, combinations, Market failure, Information asymmetry- moral hazard and adverse selection, Concept of market power, dominant position, Substantial degree of market power, Business rationale, Proscribe test, Tests for anti- competitive practices

Unit-2
Teaching Hours:6
FUNDAMENTALS OF COMPETITION LAW
 

     Market definition and dimensions & Concept of relevant market, Tests for Market delineation- Demand Side Substitutability, Supply Side Substitutability, SSNIP Test, Efficiency of market and issues of agreements, combinations, Market failure, Information asymmetry- moral hazard and adverse selection, Concept of market power, dominant position, Substantial degree of market power, Business rationale, Proscribe test, Tests for anti- competitive practices

Unit-3
Teaching Hours:6
ANTI- COMPETITIVE AGREEMENTS
 

 

·         Anti competitive agreements: Concept, forms and treatment in India

 Parallel import

 Treatment of anti- competitive agreements under USA, EU, UK, Australia

 

Unit-3
Teaching Hours:6
ANTI- COMPETITIVE AGREEMENTS
 

 

·         Anti competitive agreements: Concept, forms and treatment in India

 Parallel import

 Treatment of anti- competitive agreements under USA, EU, UK, Australia

 

Unit-3
Teaching Hours:6
ANTI- COMPETITIVE AGREEMENTS
 

 

·         Anti competitive agreements: Concept, forms and treatment in India

 Parallel import

 Treatment of anti- competitive agreements under USA, EU, UK, Australia

 

Unit-3
Teaching Hours:6
ANTI- COMPETITIVE AGREEMENTS
 

 

·         Anti competitive agreements: Concept, forms and treatment in India

 Parallel import

 Treatment of anti- competitive agreements under USA, EU, UK, Australia

 

Unit-4
Teaching Hours:6
ABUSE OF DOMINANT POSITION
 

·         Abuse of dominant position: Concept, forms and treatment in India

·         Essential facilities doctrine

·         Refusal and abuse of dominant position

·         Pricing strategies and abuse of dominant position

Treatment of abuse of dominant position under USA, EU, UK, Australia

 

Unit-4
Teaching Hours:6
ABUSE OF DOMINANT POSITION
 

·         Abuse of dominant position: Concept, forms and treatment in India

·         Essential facilities doctrine

·         Refusal and abuse of dominant position

·         Pricing strategies and abuse of dominant position

Treatment of abuse of dominant position under USA, EU, UK, Australia

 

Unit-4
Teaching Hours:6
ABUSE OF DOMINANT POSITION
 

·         Abuse of dominant position: Concept, forms and treatment in India

·         Essential facilities doctrine

·         Refusal and abuse of dominant position

·         Pricing strategies and abuse of dominant position

Treatment of abuse of dominant position under USA, EU, UK, Australia

 

Unit-4
Teaching Hours:6
ABUSE OF DOMINANT POSITION
 

·         Abuse of dominant position: Concept, forms and treatment in India

·         Essential facilities doctrine

·         Refusal and abuse of dominant position

·         Pricing strategies and abuse of dominant position

Treatment of abuse of dominant position under USA, EU, UK, Australia

 

Unit-5
Teaching Hours:6
COMBINATIONS
 

·      Different tests for studying the impacts of combinations in the market, Unilateral and co- ordinate effects of combinations, Foreclosure, Failing firm, Creeping acquisitions, Regulation of Cross- border combinations, Treatment of combinations under USA, EU, UK, Australia

Unit-5
Teaching Hours:6
COMBINATIONS
 

·      Different tests for studying the impacts of combinations in the market, Unilateral and co- ordinate effects of combinations, Foreclosure, Failing firm, Creeping acquisitions, Regulation of Cross- border combinations, Treatment of combinations under USA, EU, UK, Australia

Unit-5
Teaching Hours:6
COMBINATIONS
 

·      Different tests for studying the impacts of combinations in the market, Unilateral and co- ordinate effects of combinations, Foreclosure, Failing firm, Creeping acquisitions, Regulation of Cross- border combinations, Treatment of combinations under USA, EU, UK, Australia

Unit-5
Teaching Hours:6
COMBINATIONS
 

·      Different tests for studying the impacts of combinations in the market, Unilateral and co- ordinate effects of combinations, Foreclosure, Failing firm, Creeping acquisitions, Regulation of Cross- border combinations, Treatment of combinations under USA, EU, UK, Australia

Unit-6
Teaching Hours:6
COMPETITION COMMISSION OF INDIA
 

 

·        Constitution and Composition of Commission Powers of the Commission

Role of the DG

Appellate Tribunal

Penalties & remedies

 

Unit-6
Teaching Hours:6
COMPETITION COMMISSION OF INDIA
 

 

·        Constitution and Composition of Commission Powers of the Commission

Role of the DG

Appellate Tribunal

Penalties & remedies

 

Unit-6
Teaching Hours:6
COMPETITION COMMISSION OF INDIA
 

 

·        Constitution and Composition of Commission Powers of the Commission

Role of the DG

Appellate Tribunal

Penalties & remedies

 

Unit-6
Teaching Hours:6
COMPETITION COMMISSION OF INDIA
 

 

·        Constitution and Composition of Commission Powers of the Commission

Role of the DG

Appellate Tribunal

Penalties & remedies

 

Unit-7
Teaching Hours:6
AUTHORIZATION AND NOTIFICATION
 

·       Concept of authorization and notification

     Process for notification and authorization

     Treatment of authorization and notification under USA, EU, UK, Australia

     Concept of authorization and notification, Process for notification and authorization, Treatment of authorization and notification under USA, EU, UK, Australia

Unit-7
Teaching Hours:6
AUTHORIZATION AND NOTIFICATION
 

·       Concept of authorization and notification

     Process for notification and authorization

     Treatment of authorization and notification under USA, EU, UK, Australia

     Concept of authorization and notification, Process for notification and authorization, Treatment of authorization and notification under USA, EU, UK, Australia

Unit-7
Teaching Hours:6
AUTHORIZATION AND NOTIFICATION
 

·       Concept of authorization and notification

     Process for notification and authorization

     Treatment of authorization and notification under USA, EU, UK, Australia

     Concept of authorization and notification, Process for notification and authorization, Treatment of authorization and notification under USA, EU, UK, Australia

Unit-7
Teaching Hours:6
AUTHORIZATION AND NOTIFICATION
 

·       Concept of authorization and notification

     Process for notification and authorization

     Treatment of authorization and notification under USA, EU, UK, Australia

     Concept of authorization and notification, Process for notification and authorization, Treatment of authorization and notification under USA, EU, UK, Australia

Unit-8
Teaching Hours:6
IPR AND COMPETITION LAW
 

 

Theoretical basis of IPR and Competition law

TRIPs and its impact on competition law regime

Abuse of IPR and competition law (agreements, abuse of dominant position, combination)

Doctrine of exhaustion and it’s treatment

Modern trend to the conflict in IPR and Competition law 

 

Unit-8
Teaching Hours:6
IPR AND COMPETITION LAW
 

 

Theoretical basis of IPR and Competition law

TRIPs and its impact on competition law regime

Abuse of IPR and competition law (agreements, abuse of dominant position, combination)

Doctrine of exhaustion and it’s treatment

Modern trend to the conflict in IPR and Competition law 

 

Unit-8
Teaching Hours:6
IPR AND COMPETITION LAW
 

 

Theoretical basis of IPR and Competition law

TRIPs and its impact on competition law regime

Abuse of IPR and competition law (agreements, abuse of dominant position, combination)

Doctrine of exhaustion and it’s treatment

Modern trend to the conflict in IPR and Competition law 

 

Unit-8
Teaching Hours:6
IPR AND COMPETITION LAW
 

 

Theoretical basis of IPR and Competition law

TRIPs and its impact on competition law regime

Abuse of IPR and competition law (agreements, abuse of dominant position, combination)

Doctrine of exhaustion and it’s treatment

Modern trend to the conflict in IPR and Competition law 

 

Unit-9
Teaching Hours:8
MODERN DIMENSIONS OF COMPETITION LAW
 
 

WTO and it’s impacts on Competition Laws with reference to UNCTAD

International enforcement and judicial assistance

Applicability of competition law into agricultural sector

Dumping

State aid

Recession

Unit-9
Teaching Hours:8
MODERN DIMENSIONS OF COMPETITION LAW
 
 

WTO and it’s impacts on Competition Laws with reference to UNCTAD

International enforcement and judicial assistance

Applicability of competition law into agricultural sector

Dumping

State aid

Recession

Unit-9
Teaching Hours:8
MODERN DIMENSIONS OF COMPETITION LAW
 
 

WTO and it’s impacts on Competition Laws with reference to UNCTAD

International enforcement and judicial assistance

Applicability of competition law into agricultural sector

Dumping

State aid

Recession

Unit-9
Teaching Hours:8
MODERN DIMENSIONS OF COMPETITION LAW
 
 

WTO and it’s impacts on Competition Laws with reference to UNCTAD

International enforcement and judicial assistance

Applicability of competition law into agricultural sector

Dumping

State aid

Recession

Text Books And Reference Books:
  • Whish, Richard. Competition Law. London: Oxford University Press, 2009.
  • Furse, Mark. Competition Law of the EC and UK. London: Oxford University Press, 2008.
  • Dugar, S. M. Guide to Competition Law: Containing Commentary on Competition Act, MRTP Act and Consumer Protection Act. LexisNexis-Butterworths Wadhwa Nagpur, 2010.
  • Dhall, Vinod. Competition Law Today: Concepts, Issues, and the Law in Practice. New Delhi: Oxford University Press, 2007.
  • Ritter, Lennart. European, Competition Law: A Practitioners Guide. Netherlands: Kluwer Law International, 2004.
  • Rodger, Barry J. Competition Law and Policy in the EC and UK. London: Cavendish, 1999.
  • Dabbah, Maher M. EC and UK Competition Law: Commentary, Cases, and Materials. London: Cambridge University Press.
  • Mittal, D. P. Competition Law and Practice. New Delhi: Taxmanns Allied Services, 2008.
  • Ramappa, T. Competition Law in India: Policy, Issues, and Developments. New Delhi: Oxford University Press, 2006.
Essential Reading / Recommended Reading

  1. Ioannis, N. Kessides. Reforming Infrastructure: Privitization, Regulation, and Competition. Washington D. C.: World Bank, 2004.
  2. Karmerling, Alexandra. Restrictive ConvenantsUnder Common and Competition Law. London: Sweet and Maxwell, 2007.
  3. Nazzini, Renato. Concurrent Proceedings in Competition Law. London: Oxford University Press, 2007.
Evaluation Pattern

SCHEME OF VALUATION

·         CIA I – Class Test / Assignment / Presentation            – 10%

·         CIA II – Mid Semester Examination                                  – 25%

·         CIA III – Research Topic                                                     – 10%

·         Attendance                                                                            – 05%

·         End Semester Examination                                                – 50%

                                                                                                    TOTAL 100%

LAW984A - WITNESS EXAMINATION (2020 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

“Witnesses” as Bentham said: are the eyes and ears of justice. If the witness himself is incapacitated from acting as eyes and ears of justice, the trial gets putrefied and paralysed, and it no longer can constitute a fair trial. ‘Witness’ is an essential component of administration of justice. By giving evidence relating to the charge of an offence or of a litigious fact, the witness carries out a sanctified duty of assisting the court to discern the truth. The information provided by witnesses becomes part of evidence. This is the reason why before giving evidence the witness either takes an oath in the name of God or makes a solemn affirmation that he will speak the truth, the whole truth and nothing but the truth. The witness has no risk in the decision of the criminal court as he is neither the accused nor the victim. He has no liability in a civil case as he is not a plaintiff or defendant and does not lose or suffer a decree. On the other hand, he is friend of the court. The witness performs an important public duty of assisting the court in deciding a lis. He sacrifices his time and takes the trouble to travel all the way to the court to give evidence. The witness should therefore be treated with great respect and consideration as a guest of court. Unfortunately, all these are seen not to be happening in the courts. Witness protection program and witness protection laws are simply the need of the hour.

 COURSE OBJECTIVES:

a.      Students will study the procedural as well as practical aspects of witness examination.

b.      Students will be familiarized with the leading cases and legislative proposals regarding the concept of witness examination.

c.       This course facilitates the students to learn about trial procedure and appropriate provisions in other statutes.

d.     This course will have features of practical training, mock trials and moot court problem in each unit. After completion of this paper, the student is able to understand the procedural aspects particularly before subordinate courts.

Learning Outcome

CO1: Examine the credibility of witnesses, basic inputs, and ethics in witness preparation.

CO2: Demonstrate a plan for establishing each legal element of a given simulation exercise to the required standard of proof with admissible evidence in civil proceedings.

CO3: Evaluate a plan and execute a witness examination that comports with evidentiary standards and that persuasively establishes a fact in issue in criminal proceedings.

CO4: Identify measures to emphasize prohibition against tampering with witnesses and the need to protect them.

CO5: Compare series of measures shall be adopted to safeguard witnesses and their family members from intimidation and threats against their lives, reputation, and property.

CO6: Compare a series of measures shall be adopted to safeguard witnesses and their family members from intimidation and threats against their lives, reputation, and property.

Unit-1
Teaching Hours:10
INTRODUCTION OF WITNESSES
 

Meaning of Witness; Understanding the witness; Competency of witness; credibility of witness. Chief Examination; Cross-examination and re-examination of witnesses; Art of Cross-examination; Basic Principles of being a witness; Seven Steps for preparing the witness; The Ethics of witness preparation.

Unit-1
Teaching Hours:10
INTRODUCTION OF WITNESSES
 

Meaning of Witness; Understanding the witness; Competency of witness; credibility of witness. Chief Examination; Cross-examination and re-examination of witnesses; Art of Cross-examination; Basic Principles of being a witness; Seven Steps for preparing the witness; The Ethics of witness preparation.

Unit-2
Teaching Hours:15
WITNESSES IN CIVIL PROCEEDINGS
 

Plaintiff’s witnesses; Defendant’s witnesses; Court witnesses; Demeanor of witness; Summons to witness (S.31 of CPC); Production of witnesses without summons (O.XVI of CPC); Expenses of witness;

Unit-2
Teaching Hours:15
WITNESSES IN CIVIL PROCEEDINGS
 

Plaintiff’s witnesses; Defendant’s witnesses; Court witnesses; Demeanor of witness; Summons to witness (S.31 of CPC); Production of witnesses without summons (O.XVI of CPC); Expenses of witness;

Unit-3
Teaching Hours:15
WITNESS IN CRIMINAL PROCEEDINGS
 

Prosecution Witness; Defence witness; Related & Interested witness; Co-accused as witness; Expert witness; Medical witness; Scientific witnesses; Eye-Witnesses; Hostile witness; Child witness; Witness of privileged communications; Ballistic experts; Court Visit to observe cross-examination in the criminal matter.

 

Unit-3
Teaching Hours:15
WITNESS IN CRIMINAL PROCEEDINGS
 

Prosecution Witness; Defence witness; Related & Interested witness; Co-accused as witness; Expert witness; Medical witness; Scientific witnesses; Eye-Witnesses; Hostile witness; Child witness; Witness of privileged communications; Ballistic experts; Court Visit to observe cross-examination in the criminal matter.

 

Unit-4
Teaching Hours:10
WITNESS PROTECTION
 

Witness Protection Programme in India; Witness Protection and Witness Anonymity; Treatment and Protection of Witnesses in India; Existing legal protection as regards of witnesses;

Unit-4
Teaching Hours:10
WITNESS PROTECTION
 

Witness Protection Programme in India; Witness Protection and Witness Anonymity; Treatment and Protection of Witnesses in India; Existing legal protection as regards of witnesses;

Unit-5
Teaching Hours:10
REPORTS AND GUIDELINES
 

Strategies for witness protection anonymity and protection; Legal impediments regarding witness anonymity in India; 154th Law Commission Report; Judicial opinion and guidelines on witness protection. Certain aspects of Victim and Witness Identity Protection under special statutes in India:

Unit-5
Teaching Hours:10
REPORTS AND GUIDELINES
 

Strategies for witness protection anonymity and protection; Legal impediments regarding witness anonymity in India; 154th Law Commission Report; Judicial opinion and guidelines on witness protection. Certain aspects of Victim and Witness Identity Protection under special statutes in India:

Text Books And Reference Books:

1. Daniel I.Small, “Preparing Witnesses: A Practical Guide for Lawyers and Their Clients, 3rd Edition 2009., American Bar Association.

 2. C.K. Takwani Civil Procedure, 7th ed.,

 3. Ram Jethmalani & D.S.Chopra.,The Law of Evidence-Commentary on Evidence., First Edition 2013.,Vol.I & II.,Thomson Reuters

2013

Essential Reading / Recommended Reading

1. Ratanlal & Dhirajlal-The Law of Evidence, Lexis Nexis, 23rd Edition, 2010

 2. VSR Avadhani and V Soubhagyavalli, “Lessons on Law of Witness & Evidence”,Vinod Publications (P) Ltd., Edition 2017.

 3. Dr.V.Nageswara Rao: The Indian Evidence Act, Lexis Nexis, Second Edition 2015

Evaluation Pattern

EVALUATION

·         Component 1: Simulation Exercise-                                                -20%

·         Component 2: Case Analysis and Viva                                          -20%

·         Component 3: Moot Court  (Exercise) and Viva                            -60%

LAW984B - ELECTION LAWS (2020 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

Course description:

India is a democratic country. Democracy manifests itself through the election process and the exercise of franchise. General elections, free press, struggle for an informed opinion is the very basis of good governance. The Constitution of India lays the foundation and the Representation of People’s Act provides for the conduct of free and fair elections in India. The Election Commission plays the key role in conducting free and fair elections in the country from national and state levels to rural levels. Also the course focuses on the corrupt practices relating to elections and their punishments and envisages upon the different electoral reforms till date.

Course Objective:

The proposed course aims to acquaint the students with the law relating to elections in India, particularly relating to Presidential, Vice Presidential, Parliament and State Legislature elections. It will also appraise the students with the legal framework to curb the criminalization of politics. Also, the anti-defection laws shall be discussed and students will learn how to strengthen a country’s democracy through fair and transparent election laws. The syllabus comprises of 5 units, to be taught/ completed in 60 class hours.

Learning Outcome

CO1: To describe the importance of Elections in a democratic country, the legal provisions relating to its conduction and procedures relating to filing of election petitions along with identification of forums, parties, and other related matters therewith.

CO2: To understand the provisions contained in the Constitution of India read with the Representation of People Act, 1951 relating to elections of President/Vice-President of India, Parliamentary elections and elections of the State Assemblies.

CO3: To Apply the relevant statutory provisions relating to The Election Commission of India, its powers and functions and its role in conduction of free and fair elections in the country.

CO4: To Analyze the provisions under the Constitution of India and the Representation of People Act, 1951 regarding qualifications and disqualifications of candidates who are willing to contest elections, from national-state levels to Municipalities/Panchayat levels.

CO5: To Evaluate the Anti-defection laws of India as compared to the legislative framework related to anti-defection in other countries of the world.

CO6: To Propose solutions to the various issues related to corrupt practices pertaining to elections in a democratic state and the various Electoral reforms and commission reports, respectively, to curb the menaces and ensure conduction of free and fair elections, which is one of the major facets of good governance in a democratic country, like India.

Unit-1
Teaching Hours:12
INTRODUCTION
 

1.1  Democracy and Election

1.2  Representation by People

1.3  Adult suffrage

1.4  Election laws

1.5  Meaning of election and election dispute

1.5.1 Election petitions- time, forum, parties, contents, jurisdiction, grounds, relief

Unit-1
Teaching Hours:12
INTRODUCTION
 

1.1  Democracy and Election

1.2  Representation by People

1.3  Adult suffrage

1.4  Election laws

1.5  Meaning of election and election dispute

1.5.1 Election petitions- time, forum, parties, contents, jurisdiction, grounds, relief

Unit-2
Teaching Hours:12
ELECTION OF PRESIDENT/VICE PRESIDENT/PARLIAMENT/STATE LEGISLATURE ELECTIONS
 

 2.1 President and Vice-President of India                                                                                                                                    

      2.1.1 Constitutional provisions – Preamble. Art.54, 55, 58, 66, 80, 81, 83, 170-172, 324-329, 356

      2.1.2 Representation of People Act, 1951

      2.1.3 Presidential and Vice-Presidential Elections Act, 1952

2.2 Formation, Composition and Dissolution of Parliament and State Legislative Assemblies

2.3 Qualifications and Disqualifications of candidates

      2.3.1 Constitutional provisions - Art. 84, 173, 101, 190, 19

      2.3.2 Representation of People Act, 1951

               2.3.2.1 Eligibility to contest elections

               2.3.2.2 Nominations

      2.3.3 Grounds for Disqualification

               2.3.3.1 For Government Contracts

               2.3.3.2 On conviction of certain offences

               2.3.3.3 holding Office of profit

      2.3.4 Parliament (Prevention of Disqualification) Act, 1959

Unit-2
Teaching Hours:12
ELECTION OF PRESIDENT/VICE PRESIDENT/PARLIAMENT/STATE LEGISLATURE ELECTIONS
 

 2.1 President and Vice-President of India                                                                                                                                    

      2.1.1 Constitutional provisions – Preamble. Art.54, 55, 58, 66, 80, 81, 83, 170-172, 324-329, 356

      2.1.2 Representation of People Act, 1951

      2.1.3 Presidential and Vice-Presidential Elections Act, 1952

2.2 Formation, Composition and Dissolution of Parliament and State Legislative Assemblies

2.3 Qualifications and Disqualifications of candidates

      2.3.1 Constitutional provisions - Art. 84, 173, 101, 190, 19

      2.3.2 Representation of People Act, 1951

               2.3.2.1 Eligibility to contest elections

               2.3.2.2 Nominations

      2.3.3 Grounds for Disqualification

               2.3.3.1 For Government Contracts

               2.3.3.2 On conviction of certain offences

               2.3.3.3 holding Office of profit

      2.3.4 Parliament (Prevention of Disqualification) Act, 1959

Unit-3
Teaching Hours:12
THE ELECTION COMMISSION OF INDIA
 

3.1 Composition, Powers, and Functions

      3.1.1 Constitutional provisions- Art 324-329

      3.1.2 Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991

      3.1.3 Election Symbols (Reservation and Allotment) Order, 1968

Unit-3
Teaching Hours:12
THE ELECTION COMMISSION OF INDIA
 

3.1 Composition, Powers, and Functions

      3.1.1 Constitutional provisions- Art 324-329

      3.1.2 Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991

      3.1.3 Election Symbols (Reservation and Allotment) Order, 1968

Unit-4
Teaching Hours:12
ELECTIONS TO PANCHAYATS AND MUNICIPALITIES
 

4.1 Constitutional provisions- Art. 243-243F, 243K-243O, 243P-243V, 243ZG

4.2 Representation of Peoples Act, 1951

4.3 Eligibility to contest elections

4.4 Disqualification of candidates

Unit-4
Teaching Hours:12
ELECTIONS TO PANCHAYATS AND MUNICIPALITIES
 

4.1 Constitutional provisions- Art. 243-243F, 243K-243O, 243P-243V, 243ZG

4.2 Representation of Peoples Act, 1951

4.3 Eligibility to contest elections

4.4 Disqualification of candidates

Unit-5
Teaching Hours:12
ANTI-DEFECTION LAW, CORRUPT ELECTION PRACTICES, ELECTORAL REFORMS
 

5.1 Anti-defection laws – Constitutional provisions

     5.1.1 10th schedule

     5.1.2 52nd Amendment, 1985

        5.1.3 1st Amendment, 2003

5.2 Corrupt practices

      5.2.1 Distinction between corrupt practices and electoral process

      5.2.2 Corrupt practices – bribery, undue influence, promotion of feelings of enmity or hatred, publication of false statement, election expenditure, abuse of religion, race, caste etc   

5.3 Electoral Reforms

       5.3.1 Representation of People Act, 1951 – Sec 33A, 33B, 125

     5.3.2 Goswami Committee Report on Electoral Reforms, 1990

       5.3.3 Vohra Committee Report on Criminalization of Politics, 1993

       5.3.4 170thReport of Law commission on Electoral Laws, 1999

       5.3.5 Election Commission of India's proposed Electoral Reforms, 2004

       5.3.6 255th Law Commission Report on Electoral reforms, 2015

Unit-5
Teaching Hours:12
ANTI-DEFECTION LAW, CORRUPT ELECTION PRACTICES, ELECTORAL REFORMS
 

5.1 Anti-defection laws – Constitutional provisions

     5.1.1 10th schedule

     5.1.2 52nd Amendment, 1985

        5.1.3 1st Amendment, 2003

5.2 Corrupt practices

      5.2.1 Distinction between corrupt practices and electoral process

      5.2.2 Corrupt practices – bribery, undue influence, promotion of feelings of enmity or hatred, publication of false statement, election expenditure, abuse of religion, race, caste etc   

5.3 Electoral Reforms

       5.3.1 Representation of People Act, 1951 – Sec 33A, 33B, 125

     5.3.2 Goswami Committee Report on Electoral Reforms, 1990

       5.3.3 Vohra Committee Report on Criminalization of Politics, 1993

       5.3.4 170thReport of Law commission on Electoral Laws, 1999

       5.3.5 Election Commission of India's proposed Electoral Reforms, 2004

       5.3.6 255th Law Commission Report on Electoral reforms, 2015

Text Books And Reference Books:

    ESSENTIAL READINGS

·       Preamble of the Constitution of India

·       Introduction chapter pg. 18- 22, in ‘How India Votes’, Rama Devi and Mendiratta

·       CAD on Adult Suffrage, Democracy in India ed. by Niraja Gopal Jayal Oxford Pub

·       Setting India’s Democratic House in order: Constitutional Amendments @ http://www.jstor.org/stable/2643847

·       Constitutional Law, M P Jain

·       Election laws, Rama Devi and Mendiratta, Read Chapter 4, at pg. 113 – 117

·       Democracy, Development, and the Countryside by Ashutosh Varshney Cambridge University Press 1995

·       Indian Assembly Elections, 1977-2002 -Evidence on Declining Participation and a Hypothesis Vol. - XLVII No. 51, December 22, 2012 EPW, A V Chari and Annemie Maertens

·       Article 324 – 329, Registration of Political Parties Chapter IV A, section 29A to 29C of R P Act, 1951 and Election Symbols Order, 1969

·       Article 84 Constitution of India, Chapter III, section 7 to section 11 of the R P Act, 1951, Government Contracts: Article 299 of Constitution of India

·       Leaves of Office, EPW, Vol - XLI No. 18, May 06, 2006 Editorials

·       10th Schedule of the Constitution of India

·       Right to Know under Article 19 (1) a of the Constitution of India

·       Bose and Rao, Criminalization of Politics: Need for Fundamental Reform, The Indian Journal of Political Science, Vol. 66, No. 4 (Oct. – Dec., 2005), pp. 733-754 available also at http://www.jstor.org/stable/41856166

·       Reforming Indian Electoral Process at http://www.jstor.org/stable/pdf/4412510

·       Electoral Reforms in India: Current Discourses, B Venkatesh Kumar, Rawat Publications 2009, ISBN 81-316-0284-2

 

Essential Reading / Recommended Reading

 Recommended references:

·       Preamble of the Constitution of India

·       Introduction chapter pg. 18- 22, in ‘How India Votes’, Rama Devi and Mendiratta

·       CAD on Adult Suffrage, Democracy in India ed. by Niraja Gopal Jayal Oxford Pub

·       Setting India’s Democratic House in order: Constitutional Amendments @ http://www.jstor.org/stable/2643847

·       Can the Female Sarpanch Deliver?, Vol - XLVIII No. 11, March 16, 2013 EPW, Dhanmanjiri Sathe, Stephan Klasen, Jan Priebe, and Mithila Biniwale

·       Constitutional Law, M P Jain

·       Election laws, Rama Devi and Mendiratta, Read Chapter 4, at pg. 113 – 117

·       Democracy, Development, and the Countryside by Ashutosh Varshney Cambridge University Press 1995

·       Indian Assembly Elections, 1977-2002 -Evidence on Declining Participation and a Hypothesis Vol. - XLVII No. 51, December 22, 2012 EPW, A V Chari and Annemie Maertens

·       The voter who wasn’t there: Referenda, representation and abstentation @ http://www.jstor.org/stable/41106581

·       Article 324 – 329, Registration of Political Parties Chapter IV A, section 29A to 29C of R P Act, 1951 and Election Symbols Order, 1968

·       Article 84 Constitution of India, Chapter III, section 7 to section 11 of the R P Act, 1951, Government Contracts: Article 299 of Constitution of India

·       Leaves of Office, EPW, Vol - XLI No. 18, May 06, 2006 Editorials

·       10th Schedule of the Constitution of India

·       Right to Know under Article 19 (1) a of the Constitution of India

·       Bose and Rao, Criminalization of Politics: Need for Fundamental Reform, The Indian Journal of Political Science, Vol. 66, No. 4 (Oct. – Dec., 2005), pp. 733-754 available also at http://www.jstor.org/stable/41856166

·       Reforming Indian Electoral Process at http://www.jstor.org/stable/pdf/4412510

·       Electoral Reforms in India: Current Discourses, B Venkatesh Kumar, Rawat Publications 2009, ISBN 81-316-0284-2

 

Evaluation Pattern

ASSESSMENT OUTLINE:

 

There are 5 components in the scheme of evaluation. Weight age for the components is indicated in percentage.

 

 

 

CIA I

CIA II

CIA III

ESE

Attendance

Weightage-10%

Class assignments

[20 Marks]

(description is given below)]

 

Weightage-25%

Mid-Semester Exam (written exam)                             [50 marks]- 2hrs duration

 

Weightage-10%

Research Assignment                        [20 marks]

(description is given below)

 

Weightage-50%

End Semester Exam Written examination [100 Marks] Portions for the end-semester examination includes all units.

Weightage-05%

 

LAW984C - INTERNATIONAL TAXATION (2020 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

The globalization of trade and investment flows has a profound effect on the practices and policies of international taxation. Simultaneously, the lack of a homogenous international tax system or even a unifying international tax treaty exacerbates issues of inequitable corporate taxation. Unlike other international law courses, international taxation is a study of the efforts to apply internationally recognized principles on bilateral treaties.

This course aims to develop an understanding of the dynamics, negotiation and implementation of taxation treaties and the international organizations (OECD, UN) which influence the working of such treaties. In that sense, the course also looks at the inequities of the international tax structure and its perceived bias towards developed tax jurisdictions and how an OECD led international tax system compares to a UN led one (in tune with SDG 10 and SDG 16). Through this dialogue, the course also covers the OECD efforts on BEPS, and its current Pillar one and Pillar two recommendations and recent UN Model Treaty amendments.

This course also analyses the various methods of avoidance of corporate and private transnational tax. As a consequence, it examines national and global anti-avoidance measures (such as SAAR and GAAR) which are designed to restrict tax avoidance, and their effectiveness and plausibility. The course aims to help students comprehend the application of domestic tax laws on transnational transactions and the parallel double taxation agreements and international tax principles which coexist with national laws.

The course aims to provide a practical insight into real world applicability of international taxation practices, at the national and global levels, thereby increasing its importance towards employability as international tax lawyers. Students in the program will be equipped intellectually and practically for the practice of international tax law in a rapidly changing economic order.

 

COURSE OBJECTIVES

 

1.       Introduce the concept, scope and relevance of international taxation and the existing legal framework.

 

2.      Enhance the skills of interpretation and the application of the traditionally established principles of law to international taxation, in the absence of specific provisions.

 

3.      Provide in- depth understanding of the existing legal framework through the involvement of case studies and adoption of comparative analysis with other jurisdictions.

 

4.      Introduce global challenges, emerging issues of law around the world.

 

Learning Outcome

CO1: Analyse the concepts relating to tax avoidance agreements and tax treaties

CO2: Evaluate and critically assess the impact of the principles considered on individuals and businesses

CO3: Identify, describe and analyse the law of international taxation and its development and international harmonization.

Unit-1
Teaching Hours:10
Basic Principles of International Taxation
 

Taxation under Indian laws; OECD, UN and Tax treaty Network; Tax treaties: Legal Nature, Objective and Effect of Tax Treaties; Interpretation of Treaties

Unit-1
Teaching Hours:10
Basic Principles of International Taxation
 

Taxation under Indian laws; OECD, UN and Tax treaty Network; Tax treaties: Legal Nature, Objective and Effect of Tax Treaties; Interpretation of Treaties

Unit-2
Teaching Hours:10
Double Taxation
 

Double Taxation System; Causes and Relief Mechanisms, Deduction, Exemption and Credit Methods; History, Nature and Function; Persons covered under DTAA, Taxes and General Definitions; Permanent Establishments; OECD Models for Double Taxation; Double Taxation System in India; International Tax Avoidance; Business Profits; Shipping, Inland Waterways Transport and Airways; Methods of Estimating Double Taxation

Unit-2
Teaching Hours:10
Double Taxation
 

Double Taxation System; Causes and Relief Mechanisms, Deduction, Exemption and Credit Methods; History, Nature and Function; Persons covered under DTAA, Taxes and General Definitions; Permanent Establishments; OECD Models for Double Taxation; Double Taxation System in India; International Tax Avoidance; Business Profits; Shipping, Inland Waterways Transport and Airways; Methods of Estimating Double Taxation

Unit-3
Teaching Hours:10
Associated Enterprises
 

Basics of Transfer Pricing; International Transactions; Arm’s Length Principle and Computation; Documentation of Transfer Pricing and Capitalism; International Tax Avoidance; GAAR and SAAR; Dividend, Interest and Royalties; Determination of Income of Branch or PE of a Corporation; Transfer of Intangible Property

Unit-3
Teaching Hours:10
Associated Enterprises
 

Basics of Transfer Pricing; International Transactions; Arm’s Length Principle and Computation; Documentation of Transfer Pricing and Capitalism; International Tax Avoidance; GAAR and SAAR; Dividend, Interest and Royalties; Determination of Income of Branch or PE of a Corporation; Transfer of Intangible Property

Unit-4
Teaching Hours:10
Services
 

Services; Independent and Dependent Personal Services; Director’s Fees; Artistes and Sportsman; Pensions; Government service; Students; Non-Resident Taxation as per Domestic Law Provisions of Income Tax Act on International Persons; Mutual Agreements Procedure; Exchange of Information; Assistance and Collection of Data; Members of Diplomatic Missions and Consular Posts; Territorial Extensions; TDS on Non-Residents under S.195 of IT Act

Unit-4
Teaching Hours:10
Services
 

Services; Independent and Dependent Personal Services; Director’s Fees; Artistes and Sportsman; Pensions; Government service; Students; Non-Resident Taxation as per Domestic Law Provisions of Income Tax Act on International Persons; Mutual Agreements Procedure; Exchange of Information; Assistance and Collection of Data; Members of Diplomatic Missions and Consular Posts; Territorial Extensions; TDS on Non-Residents under S.195 of IT Act

Unit-5
Teaching Hours:10
Anti Avoidance Measures
 

Thin Capitalization Rules; Controlled Foreign Corporation Rules; Jurisdiction Approach; Definition and Computation of Attributable Income; Nature and Scope of Exemptions; Offshore Investment Funds; 

Unit-5
Teaching Hours:10
Anti Avoidance Measures
 

Thin Capitalization Rules; Controlled Foreign Corporation Rules; Jurisdiction Approach; Definition and Computation of Attributable Income; Nature and Scope of Exemptions; Offshore Investment Funds; 

Unit-6
Teaching Hours:10
Emerging Issues
 

Harmful Tax Exemptions; Identification; Tax Havens; Countermeasures; Taxation of Electronic Commerce; Equalisation Levy; Characteristics of Income from E-commerce; Jurisdiction Issues; Minimum Contact Theory

Unit-6
Teaching Hours:10
Emerging Issues
 

Harmful Tax Exemptions; Identification; Tax Havens; Countermeasures; Taxation of Electronic Commerce; Equalisation Levy; Characteristics of Income from E-commerce; Jurisdiction Issues; Minimum Contact Theory

Text Books And Reference Books:
    1. Rohatogiroy, Basic international taxation Vol. I : Principles of international taxation
    2. Gopalkrishna K.C, Textbook on International taxation
    3. Aravind p Datar, International taxation: Important aspects and issues

    4.       Parthasarathi Shome, Taxation: History, Theory, Law and Administration (Springer, 2021)

    5.       Reuven S. Avi-Yonah, Advanced Introduction to International Tax Law (2nd edn, Edward Elgar Publishing, 2019

    6.       Roy Rohatgi, On International Taxation: Volume 1: Principles (Taxmann, 2019)

    7.       The OECD Model Tax Convention on Income and on Capital, 2017 (including Commentaries)

    8.       The UN Model Double Tax Convention between Developed and Developing Countries, 2017 (and Commentaries)

Essential Reading / Recommended Reading

Brian J Arnold, ‘Overview of Major Issues in the Application of Tax Treaties’ (2013)

 

Joel Cooper et al, Transfer Pricing and Developing Economies: A Handbook for Policy Makers and Practitioners (World Bank, 2016)

 

Reuven S. Avi-Yonah, ‘International Tax as International Law’ (2004)

 

Reuven S. Avi-Yonah, ‘International Taxation of Electronic Commerce’ (1997)

Evaluation Pattern

CIA I  – 10%

CIA II – Mid Semester Examination  – 25%

CIA III – 10%

Attendance – 05%

End Semester Examination – 50%

 

TOTAL  – 100%

LAW984D - ANTITRUST AND PATENT LAW (2020 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

COURSE OBJECTIVES: The antitrust-patent law intersection has become a critical field of public policy. In the new emerging economy, strategic importance of innovations and patent holding is increasingly becoming important for business organizations. Even though philosophies of patent law and competition law appears to be diagonally opposite, recent developments illustrate their complementary role in promoting innovations. The purpose of the course  is to provide basic understanding of interplay between competition law and patent law and its impact on innovations and market economy.

Learning Outcome

CO1: To identify the Philosophies of competition law and patent law, different forms of IPR, Anti-competitive agreements, Abuse of dominance, Regulation of combinations.

CO2: To understand the relationship and Interaction between IPR and competition law.

CO3: To apply US- EU-India experience with IP and Competition Law.

CO4: To Analyze the concept of Market allocation, Horizontal agreements, Vertical agreements, licensing issues

CO5: To evaluate the specific issues in Technology Transfer Agreement.

Unit-1
Teaching Hours:10
INTRODUCTION OF IPR AND COMPETITION LAW
 

Function of IPR. Concept of Public good, different forms of IPR 

Theories of IPR

Introduction to competition Law, Anti-competitive agreements, Abuse of dominance, Regulation of combinations

Philosophies of competition law

 

Developments in antitrust law

Unit-1
Teaching Hours:10
INTRODUCTION OF IPR AND COMPETITION LAW
 

Function of IPR. Concept of Public good, different forms of IPR 

Theories of IPR

Introduction to competition Law, Anti-competitive agreements, Abuse of dominance, Regulation of combinations

Philosophies of competition law

 

Developments in antitrust law

Unit-2
Teaching Hours:10
UNDERSTANDING PATENT ? COMPETITION LAW INTERFACE
 

Evolving views of patent-competition law intersection – scope of patent theory- antitrust – 

 

IP interface – Rethinking on Patent-Antitrust relationship

Unit-2
Teaching Hours:10
UNDERSTANDING PATENT ? COMPETITION LAW INTERFACE
 

Evolving views of patent-competition law intersection – scope of patent theory- antitrust – 

 

IP interface – Rethinking on Patent-Antitrust relationship

Unit-3
Teaching Hours:10
PATENT AND ANTITRUST LAWS OF US, EU AND INDIA
 

Patent systems economic functions – US-EU-India patent system

 

 Divergence in competition – Patent law Policies, Traits and goals 

Unit-3
Teaching Hours:10
PATENT AND ANTITRUST LAWS OF US, EU AND INDIA
 

Patent systems economic functions – US-EU-India patent system

 

 Divergence in competition – Patent law Policies, Traits and goals 

Unit-4
Teaching Hours:10
SPECIFIC ISSUES IN TECHNOLOGY MARKETS
 

Market definition – patented technology and market – market power – patent monopoly power – 

 

Antitrust issues in secondary open and closed systems –

Unit-4
Teaching Hours:10
SPECIFIC ISSUES IN TECHNOLOGY MARKETS
 

Market definition – patented technology and market – market power – patent monopoly power – 

 

Antitrust issues in secondary open and closed systems –

Unit-5
Teaching Hours:10
PATENT HOLD-UP AND MISUSE
 

Standard setting hold up 

Antitrust limits on SEPs – SEP assertion 

 

Targeted patent aggregation – Patent misuse 

Unit-5
Teaching Hours:10
PATENT HOLD-UP AND MISUSE
 

Standard setting hold up 

Antitrust limits on SEPs – SEP assertion 

 

Targeted patent aggregation – Patent misuse 

Unit-6
Teaching Hours:10
AGREEMENT CONCERNING PATENTED TECHNOLOGY
 

Antitrust rules on patent licensing 

Technology transfer 

 

Reverse payments – Exclusionary payments – Pay-for-delay agreements

Unit-6
Teaching Hours:10
AGREEMENT CONCERNING PATENTED TECHNOLOGY
 

Antitrust rules on patent licensing 

Technology transfer 

 

Reverse payments – Exclusionary payments – Pay-for-delay agreements

Text Books And Reference Books:

1. Alan Devlin, Antitrust and Patent Law, 2016

2. Michael A Carrier, Innovation for 21st century, 2009

Essential Reading / Recommended Reading

1. Alan Devlin, Antitrust and Patent Law, 2016

2. Michael A Carrier, Innovation for 21st century, 2009

Articles

3. Patent and Antitrust: Differing Shades of Meaning - Robin Feldman

4. PATENTS AND ANTITRUST: APPLICATION TO ADJACENT MARKETS NICHOLAS ECONOMIDES* & WILLIAM N. HEBERT

5. PATENT MISUSE AND ANTITRUST REFORM: "BLESSED BE THE TIE?" Kenneth J. BurchJiel

6. Resolving the P Resolving the Patent-Antitrust Patent-Antitrust Paradox Through Tripartite Innovation Michael A. Carrier.

7. The Patent-Antitrust Interface: Are There Any No-No’s Today? - William D. Coston

8. Examining the interface between the objectives of competition policy and intellectual property Note by the UNCTAD secretariat

9. Antitrust Issues in the Licensing of Intellectual Property: The Nine No-No's Meet the Nineties - RICHARD GILBERT & CARL SHAPIRO 

10. THE ROLE OF ANTITRUST IN PREVENTING PATENT HOLDUP CARL SHAPIRO† AND MARK A. LEMLEY

 

Evaluation Pattern

CIA I - 10% 

CIA II - Mid Semester Examination - 25% 

CIA III - 10% 

Attendance - 05% 

End semester examination - 50%

LAW984E - INTERNATIONAL REFUGEE LAW AND MIGRATION STUDIES (2020 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

COURSE DESCRIPTION:        

This syllabus is divided into six units. Unit 1 introduces the learner to the basic terminologies and concepts in refugee and migration studies. Unit 2 familiarizes the learner with the sources of international refugee law and migration studies including the legal framework relevant to refugee and migration issues. Unit 3 deals with legal concept of refugees, highlighting issues pertaining to persecution, gender, sexuality, age etc. Unit 4 looks into the rule of asylum and the extension of the jus cogens status to the principle of non-refoulment as a mitigating strategy. Unit 5 focusses on forced migration, internal displacement, statelessness and displacement particularly induced by climate change. Unit 6 is an inclusive unit which covers latest developments in refugee doscourse and investigates the contemporary issues and challenges that have arisen alongside the traditional challenges to the refugee and migration crisis, regionally, and globally. 

COURSE OBJECTIVE:   This course has the following objectives:

i.                    To familiarize the students with the traditional and contemporary issues in refugee and migration studies.

ii.                 To discuss the international obligations of the States towards displaced peoples.

iii.               To debate the political stance of States that are not signatories to conventions and treaties crucial to the refugee and migration crisis.

iv.                To assess the role of regional, national, and international agencies in the resolution of the crisis.

 

v.                  To investigate the legislative and policy endeavours of States on national and regional levels.

Learning Outcome

CO1: Describe various concepts taught in this course.

CO2: Carry out a critical appraisal of the role of law in shaping the experiences of refugees, migrants, and asylum seekers around the world.

CO3: Critically analyse the legislative and judicial trends across jurisdictions.

CO4: Identify the current challenges facing refugee law and policy and carry out independent research on contemporary issues using secondary research tools.

Unit-1
Teaching Hours:10
INTRODUCTION TO INTERNATIONAL REFUGEE LAW
 

Relevant terminologies in IRL and Forced Migration studies- Global population movements- International migration- Protective legal framework- Role of state and non-state actors- Forced migration and displacement- The development of IRL- Interplay between regional, national, and international laws and policies- impact of the wings of state on the lives of migrants/refugees.

Unit-1
Teaching Hours:10
INTRODUCTION TO INTERNATIONAL REFUGEE LAW
 

Relevant terminologies in IRL and Forced Migration studies- Global population movements- International migration- Protective legal framework- Role of state and non-state actors- Forced migration and displacement- The development of IRL- Interplay between regional, national, and international laws and policies- impact of the wings of state on the lives of migrants/refugees.

Unit-2
Teaching Hours:10
SOURCES OF INTERNATIONAL REFUGEE LAW AND MIGRATION STUDIES
 

1.       The Global Standards of Human Rights, 1951 UN Convention relating to the Status of Refugees (UNCSR) with its 1967 Additional Protocol (1967-AP)- Key Features of the UNCSR, the Statute of the UNHCR- Key Provisions and Implementation.

2.      Universal and Regional Sources of IRL and their Relationship with IHRL, IHL, and Customary International Law.

3.      UNHCR: Foundations and its International Refugee Law Role- Mandate and Activities- Statutory Role and Work Related to Refugee Law- Flexibility in UNHCR’s International Law Role- Applying Lessons from the Past to Enhance the Role of the UNHCR in the Future.

4.      UNCSR and its 1967-Additional Protocol- UNHCR’s Approaches to Address the Weaknesses in the Treaty Framework- UNHCR’s Approaches to Improve the Effectiveness of IRL Framework.

 

5.      The Crisis in Refugee Protection- Humanitarian Responses to Refugees: Institutions and Obligations.

Unit-2
Teaching Hours:10
SOURCES OF INTERNATIONAL REFUGEE LAW AND MIGRATION STUDIES
 

1.       The Global Standards of Human Rights, 1951 UN Convention relating to the Status of Refugees (UNCSR) with its 1967 Additional Protocol (1967-AP)- Key Features of the UNCSR, the Statute of the UNHCR- Key Provisions and Implementation.

2.      Universal and Regional Sources of IRL and their Relationship with IHRL, IHL, and Customary International Law.

3.      UNHCR: Foundations and its International Refugee Law Role- Mandate and Activities- Statutory Role and Work Related to Refugee Law- Flexibility in UNHCR’s International Law Role- Applying Lessons from the Past to Enhance the Role of the UNHCR in the Future.

4.      UNCSR and its 1967-Additional Protocol- UNHCR’s Approaches to Address the Weaknesses in the Treaty Framework- UNHCR’s Approaches to Improve the Effectiveness of IRL Framework.

 

5.      The Crisis in Refugee Protection- Humanitarian Responses to Refugees: Institutions and Obligations.

Unit-3
Teaching Hours:10
CONCEPTUALIZING REFUGEES: DEFINITON AND PERSECUTION PARADIGMS
 

Defining Refugee- Distinction between refugees and other migrants- Admission clauses under UNSCR- Persecution- Meaning, standard, grounds- Persecution in internal armed crisis- Unconventional grounds of persecution- Gender, sexuality, and age.

Unit-3
Teaching Hours:10
CONCEPTUALIZING REFUGEES: DEFINITON AND PERSECUTION PARADIGMS
 

Defining Refugee- Distinction between refugees and other migrants- Admission clauses under UNSCR- Persecution- Meaning, standard, grounds- Persecution in internal armed crisis- Unconventional grounds of persecution- Gender, sexuality, and age.

Unit-4
Teaching Hours:10
ASYLUM UNDER IRL AND THE STATUS OF NON-REFOULMENT AS A PEREMPTORY NORM
 

The New Dynamics of International Refugee Law- The Institution of Asylum: Concept, Definition, Principles and Practices in Global North & Global South- The Development of Asylum Policies; Access to Asylum Procedure, Examination of Asylum Applications and Exploring the Possibility of Expanding the Grounds of Asylum- Human Rights Guarantees Governing Asylum Procedure- Non-discrimination, Non-refoulement and its Jus Cogens Nature- The Role of International and Domestic Courts in Refugee Protection.

Unit-4
Teaching Hours:10
ASYLUM UNDER IRL AND THE STATUS OF NON-REFOULMENT AS A PEREMPTORY NORM
 

The New Dynamics of International Refugee Law- The Institution of Asylum: Concept, Definition, Principles and Practices in Global North & Global South- The Development of Asylum Policies; Access to Asylum Procedure, Examination of Asylum Applications and Exploring the Possibility of Expanding the Grounds of Asylum- Human Rights Guarantees Governing Asylum Procedure- Non-discrimination, Non-refoulement and its Jus Cogens Nature- The Role of International and Domestic Courts in Refugee Protection.

Unit-5
Teaching Hours:10
FORCED MIGRATION, INTERNAL DISPLACEMENT, STATELESSNESS AND CLIMATE DISPLACEMENT
 

Regional and global scenario of internal displacement; normative and institutional solutions to the issue of internal displacement; forced migration- contributing factors, causal links, institutional solutions, Kampala Convention on Internally Displaced People, UN Guidelines on IDP’s; refugees- historical, cultural, political, developmental, identity issues- present discourse (gender question, policy issues), recent developments in refugee legislations; statelessness- questions of nationality and identification, protective measures, future scenarios including integration and deterritorialization; Climate refugees- Nansen initiative and Platform on Disaster Displacement, Paris Acknowledgement, factors of displacement and mobility; Vulnerable sub-categories- women and children- protective laws and policies, trafficking, forced labour, forced marriage; existing principles on refugee and migrant protection; the role of international, regional institutions in crisis mitigation

Unit-5
Teaching Hours:10
FORCED MIGRATION, INTERNAL DISPLACEMENT, STATELESSNESS AND CLIMATE DISPLACEMENT
 

Regional and global scenario of internal displacement; normative and institutional solutions to the issue of internal displacement; forced migration- contributing factors, causal links, institutional solutions, Kampala Convention on Internally Displaced People, UN Guidelines on IDP’s; refugees- historical, cultural, political, developmental, identity issues- present discourse (gender question, policy issues), recent developments in refugee legislations; statelessness- questions of nationality and identification, protective measures, future scenarios including integration and deterritorialization; Climate refugees- Nansen initiative and Platform on Disaster Displacement, Paris Acknowledgement, factors of displacement and mobility; Vulnerable sub-categories- women and children- protective laws and policies, trafficking, forced labour, forced marriage; existing principles on refugee and migrant protection; the role of international, regional institutions in crisis mitigation

Unit-6
Teaching Hours:10
LATEST DEVELOPMENTS IN REFUGEE DISCOURSE, CHALLENGES AND CONTEMPORARY ISSUES
 

Political and ethical dilemmas; democratic approach to refugees; refugee litigation- fair trial, rule of law and due process; the role of AI in refugee protection; xenophobia, threat of radical nationalism, Persecution- religious, economic, social; refugee integration issues- global north vs. global south, SAARC countries, Indian refugee policy- Human rights and humanitarian obligations, interaction of refugees with the law, the role national and regional organizations, discourse on Indian refugee law; transitional refugee justice- interface with forcible displacement, Truth Commissions, Chega! Report, Case studies- Libya, Syria, Myanmar, Sri Lanka, Afghanistan, etc. (choice-based).

Unit-6
Teaching Hours:10
LATEST DEVELOPMENTS IN REFUGEE DISCOURSE, CHALLENGES AND CONTEMPORARY ISSUES
 

Political and ethical dilemmas; democratic approach to refugees; refugee litigation- fair trial, rule of law and due process; the role of AI in refugee protection; xenophobia, threat of radical nationalism, Persecution- religious, economic, social; refugee integration issues- global north vs. global south, SAARC countries, Indian refugee policy- Human rights and humanitarian obligations, interaction of refugees with the law, the role national and regional organizations, discourse on Indian refugee law; transitional refugee justice- interface with forcible displacement, Truth Commissions, Chega! Report, Case studies- Libya, Syria, Myanmar, Sri Lanka, Afghanistan, etc. (choice-based).

Text Books And Reference Books:
  1. B.S. Chimni, International Refugee Law – A Reader (Sage Publications, 2003) Who is a Refugee?
  2. Bertrand G. Ramcharan, The Fundamentals of International Human Rights Treaty Law, Martinus Nijhoff, 2011
Essential Reading / Recommended Reading
  1. B.S. Chimni, International Refugee Law – A Reader (Sage Publications, 2003) Who is a Refugee?
  2. Bertrand G. Ramcharan, The Fundamentals of International Human Rights Treaty Law, Martinus Nijhoff, 2011
Evaluation Pattern
  • CIA I – Class Test / Assignment / Presentation – 10%
  • CIA II – Mid Semester Examination                                – 25%
  • CIA III – Research Paper                                                    – 10%
  • Attendance                                                                            – 05%
  • End Semester Examination                                                – 50%

 

                                                                                                  TOTAL 100%

LAW985A - NEGOTIATION, DRAFTING AND VETTING OF CONTRACTS (2020 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

This is a skill development course aimed at imparting practical training on negotiating drafting and vetting of contracts. The entire course is divided into 4 (Four) units. UNIT 1 is designed to connect the existing knowledge of the students on contract law with the applicatory part of the same. This unit will enable the students to understand the provisions of the contract law from a fresh perspective Unit 2 deals with the theories, tools and techniques involved in negotiating alegally binding contract. Unit 3 contains drafting of selected types of contracts, their essentials and formalities. Unit 4 focuses on the concept of vetting of contracts and vetting of selected types of contracts.

Learning Outcome

CO1: To classify and differentiate between various kinds of contract and to extract essential element from a contract

CO2: To negotiate a contract on a given subject

CO3: Draft, interpret and modify contract

CO4: Analyse the process of contract vetting and vet contract based on the principles

Unit-1
Teaching Hours:10
INTRODUCTION
 

1.1 Overview of The Indian Contract Act

1.2 Types of contracts

1.3 modes of contract making

1.4 Process of formation of contracts

1.5 Enforceability of contracts

1.6 Breach of contracts and remedies

1.7 Arbitration

Unit-1
Teaching Hours:10
INTRODUCTION
 

1.1 Overview of The Indian Contract Act

1.2 Types of contracts

1.3 modes of contract making

1.4 Process of formation of contracts

1.5 Enforceability of contracts

1.6 Breach of contracts and remedies

1.7 Arbitration

Unit-2
Teaching Hours:20
Negotiation of Contracts
 

2.1Concept of negotiation of contract

2.2 Pre-negotiation preparations and Pre negotiation documents

2.3 Influencing factors in contract negotiation

2.4Modes of Incorporation of contractual Clauses

2.5Terms generally used in contracts

2.6 Checklist for legally binding contracts

2.7 Arbitrability

Unit-2
Teaching Hours:20
Negotiation of Contracts
 

2.1Concept of negotiation of contract

2.2 Pre-negotiation preparations and Pre negotiation documents

2.3 Influencing factors in contract negotiation

2.4Modes of Incorporation of contractual Clauses

2.5Terms generally used in contracts

2.6 Checklist for legally binding contracts

2.7 Arbitrability

Unit-3
Teaching Hours:20
Drafting of Contracts
 

3.1 Structure and format of a contract

3.2 Drafting of various clauses (Parties clause, Definition and Interpretation, Representation and Warranties, Conditions Precedent and Condition subsequent, Termination clauses and Miscellaneous provisions)

3.3 Drafting exercises- Employment agreements, Technology specific agreements, shareholders agreement, loan agreement, IP transfer/licensing agreement, Real estate agreements

Unit-3
Teaching Hours:20
Drafting of Contracts
 

3.1 Structure and format of a contract

3.2 Drafting of various clauses (Parties clause, Definition and Interpretation, Representation and Warranties, Conditions Precedent and Condition subsequent, Termination clauses and Miscellaneous provisions)

3.3 Drafting exercises- Employment agreements, Technology specific agreements, shareholders agreement, loan agreement, IP transfer/licensing agreement, Real estate agreements

Unit-4
Teaching Hours:20
Vetting of Contracts
 

4.1 Concept of contract vetting

4.2 General principles of vetting of contracts

4.3 Due diligence

Unit-4
Teaching Hours:20
Vetting of Contracts
 

4.1 Concept of contract vetting

4.2 General principles of vetting of contracts

4.3 Due diligence

Text Books And Reference Books:

1. Anderson, M. and Warner, V. (2007). Drafting and negotiating commercial contracts. 2nd ed. Tottel Publishing.

2. Ajar Rab. Drafting Contracts: Basic Principles, 1st Edition 2022

3. Macdonald, E. (2006). Exemption clauses and unfair terms. 2 nd Ed. Bloomsbury Professional.

4. Ward, E(2011). Contract Negotiation Handbook: Getting the Most Out of Commercial Deals. 1

Ed. Wrightbooks

Essential Reading / Recommended Reading

Bhumesh Verma (2018) Practical Guide to Drafting Commercial Contracts

Evaluation Pattern

Negotiation Exercise 30%

Vetting of Contract 20%

Record Book -Drafting of contracts 40% + Viva 10%

TOTAL 100%

LAW985B - LAW OF NEGOTIABLE INSTRUMENTS (2020 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

Negotiable Instruments have a great significance in modern world. This instruments has gained prominence as the principle instruments for making payment and discharging obligations. 

Course Objectives:

To acquaint students with fundamentals of negotiable instruments, to make students understand the meaning and difference between different negotiable instruments and basic information, concepts and principles governing negotiable instruments.

Learning Outcome

CO1: Identify the significance of different types of negotiable instruments.

CO2: Analyze the flaws in existing legislations.

CO3: Develop skills to solve disputes related to negotiable instruments.

Unit-1
Teaching Hours:10
Negotiable instruments
 

Definition-characteristics-types-essential features of negotiable instruments -parties to a negotiable instrument-functions-holder and holder in due course-payment in due course- holder for value-rights of holder in due course.-inland instrument-foreign instrument-ambiguous instruments.( 10  hours) 

 

Unit-1
Teaching Hours:10
Negotiable instruments
 

Definition-characteristics-types-essential features of negotiable instruments -parties to a negotiable instrument-functions-holder and holder in due course-payment in due course- holder for value-rights of holder in due course.-inland instrument-foreign instrument-ambiguous instruments.( 10  hours) 

 

Unit-1
Teaching Hours:10
Negotiable instruments
 

Definition-characteristics-types-essential features of negotiable instruments -parties to a negotiable instrument-functions-holder and holder in due course-payment in due course- holder for value-rights of holder in due course.-inland instrument-foreign instrument-ambiguous instruments.( 10  hours) 

 

Unit-1
Teaching Hours:10
Negotiable instruments
 

Definition-characteristics-types-essential features of negotiable instruments -parties to a negotiable instrument-functions-holder and holder in due course-payment in due course- holder for value-rights of holder in due course.-inland instrument-foreign instrument-ambiguous instruments.( 10  hours) 

 

Unit-2
Teaching Hours:10
Endorsements
 

Definition-meaning of negotiation-legal provisions regarding endorsement-kinds of endorsement-different forms and general rules regarding the form of endorsement-instruments payable on demand-inchoate stamped instruments.(10   hours)

 

Unit-2
Teaching Hours:10
Endorsements
 

Definition-meaning of negotiation-legal provisions regarding endorsement-kinds of endorsement-different forms and general rules regarding the form of endorsement-instruments payable on demand-inchoate stamped instruments.(10   hours)

 

Unit-2
Teaching Hours:10
Endorsements
 

Definition-meaning of negotiation-legal provisions regarding endorsement-kinds of endorsement-different forms and general rules regarding the form of endorsement-instruments payable on demand-inchoate stamped instruments.(10   hours)

 

Unit-2
Teaching Hours:10
Endorsements
 

Definition-meaning of negotiation-legal provisions regarding endorsement-kinds of endorsement-different forms and general rules regarding the form of endorsement-instruments payable on demand-inchoate stamped instruments.(10   hours)

 

Unit-3
Teaching Hours:5
Cheque
 

Requisites of a cheques-dating of cheques-crossing of cheques-general crossing-special crossing- double crossing- opening of crossing-persons authorised to cross cheque-marking of cheque-golden cheque scheme-liability of paying bank on the crossed cheque(5 hours) 

 

 

Unit-3
Teaching Hours:5
Cheque
 

Requisites of a cheques-dating of cheques-crossing of cheques-general crossing-special crossing- double crossing- opening of crossing-persons authorised to cross cheque-marking of cheque-golden cheque scheme-liability of paying bank on the crossed cheque(5 hours) 

 

 

Unit-3
Teaching Hours:5
Cheque
 

Requisites of a cheques-dating of cheques-crossing of cheques-general crossing-special crossing- double crossing- opening of crossing-persons authorised to cross cheque-marking of cheque-golden cheque scheme-liability of paying bank on the crossed cheque(5 hours) 

 

 

Unit-3
Teaching Hours:5
Cheque
 

Requisites of a cheques-dating of cheques-crossing of cheques-general crossing-special crossing- double crossing- opening of crossing-persons authorised to cross cheque-marking of cheque-golden cheque scheme-liability of paying bank on the crossed cheque(5 hours) 

 

 

Unit-4
Teaching Hours:15
Payment of cheques
 

Precautions’ to be taken by the paying bank-statutory protection to the paying bank- duties of collecting bank-proper form of a cheque-date of cheque-amount of cheque and material alteration-forgery of drawers signature-collecting bank as holder for value-statutory protection to the collecting bank-reserve bank instructions to the bank(15 hours)

Unit-4
Teaching Hours:15
Payment of cheques
 

Precautions’ to be taken by the paying bank-statutory protection to the paying bank- duties of collecting bank-proper form of a cheque-date of cheque-amount of cheque and material alteration-forgery of drawers signature-collecting bank as holder for value-statutory protection to the collecting bank-reserve bank instructions to the bank(15 hours)

Unit-4
Teaching Hours:15
Payment of cheques
 

Precautions’ to be taken by the paying bank-statutory protection to the paying bank- duties of collecting bank-proper form of a cheque-date of cheque-amount of cheque and material alteration-forgery of drawers signature-collecting bank as holder for value-statutory protection to the collecting bank-reserve bank instructions to the bank(15 hours)

Unit-4
Teaching Hours:15
Payment of cheques
 

Precautions’ to be taken by the paying bank-statutory protection to the paying bank- duties of collecting bank-proper form of a cheque-date of cheque-amount of cheque and material alteration-forgery of drawers signature-collecting bank as holder for value-statutory protection to the collecting bank-reserve bank instructions to the bank(15 hours)

Unit-5
Teaching Hours:6
Bills of exchange and promissory notes
 

definition-kinds of bills of exchange-promissory note-definition-peculiarities-presentment of negotiable instruments for payment- and acceptance-maturity-dishonour of negotiable instruments( 10    hours)

Unit-5
Teaching Hours:6
Bills of exchange and promissory notes
 

definition-kinds of bills of exchange-promissory note-definition-peculiarities-presentment of negotiable instruments for payment- and acceptance-maturity-dishonour of negotiable instruments( 10    hours)

Unit-5
Teaching Hours:6
Bills of exchange and promissory notes
 

definition-kinds of bills of exchange-promissory note-definition-peculiarities-presentment of negotiable instruments for payment- and acceptance-maturity-dishonour of negotiable instruments( 10    hours)

Unit-5
Teaching Hours:6
Bills of exchange and promissory notes
 

definition-kinds of bills of exchange-promissory note-definition-peculiarities-presentment of negotiable instruments for payment- and acceptance-maturity-dishonour of negotiable instruments( 10    hours)

Unit-6
Teaching Hours:14
Rights and liabilities of parties to a negotiable instrument
 

Capacity of parties- minors position-legal representatives-liability of parties-liability of a drawer of a bill or cheque-liability of maker of bill and acceptor-liability of endorser-agency-suertiship-delivery-negotiation by delivery-presentment –discharge from liability-parties negotiating by mere delivery-noting and protest-negotiable instruments(amendment bill),2015.( 10   hours)

Unit-6
Teaching Hours:14
Rights and liabilities of parties to a negotiable instrument
 

Capacity of parties- minors position-legal representatives-liability of parties-liability of a drawer of a bill or cheque-liability of maker of bill and acceptor-liability of endorser-agency-suertiship-delivery-negotiation by delivery-presentment –discharge from liability-parties negotiating by mere delivery-noting and protest-negotiable instruments(amendment bill),2015.( 10   hours)

Unit-6
Teaching Hours:14
Rights and liabilities of parties to a negotiable instrument
 

Capacity of parties- minors position-legal representatives-liability of parties-liability of a drawer of a bill or cheque-liability of maker of bill and acceptor-liability of endorser-agency-suertiship-delivery-negotiation by delivery-presentment –discharge from liability-parties negotiating by mere delivery-noting and protest-negotiable instruments(amendment bill),2015.( 10   hours)

Unit-6
Teaching Hours:14
Rights and liabilities of parties to a negotiable instrument
 

Capacity of parties- minors position-legal representatives-liability of parties-liability of a drawer of a bill or cheque-liability of maker of bill and acceptor-liability of endorser-agency-suertiship-delivery-negotiation by delivery-presentment –discharge from liability-parties negotiating by mere delivery-noting and protest-negotiable instruments(amendment bill),2015.( 10   hours)

Text Books And Reference Books:

1.     Avtarsingh, ‘Introduction to law of negotiable instruments, 7th edition, eastern book company, Lucknow.

2.     Surendra Malik, Sudeep Malik-‘Supreme Court on dishonor of cheques and negotiable instruments’, 2013.

3.     Avtar Singh, ‘banking and negotiable instruments, 2nd edition 2011.

4.     Dr.S.R.Myneni, ‘Law of banking, 2nd edition, Asia law house, Hyderabad.

5.     Dr. B.R. sharma, Dr.R.P.Nanditha, ‘Banking law and negotiable instruments law’, allahabad law agency, 4th edtn.2013.

6.     Duttas  commentary on  ‘The negotiable instruments act with allied laws, Dwivedi law agency,2013.

7.     S.R. Krishna murthyaiyar, ‘Law relating to the Negotiable instruments act, with case laws

8.      Universal’s concise commentary on ‘ The negotiable Instruments Act,1881 with exhaustive case laws.

Essential Reading / Recommended Reading

1.     Avtarsingh, ‘Introduction to law of negotiable instruments, 7th edition, eastern book company, Lucknow.

2.     Surendra Malik, Sudeep Malik-‘Supreme Court on dishonor of cheques and negotiable instruments’, 2013.

3.     Avtar Singh, ‘banking and negotiable instruments, 2nd edition 2011.

4.     Dr.S.R.Myneni, ‘Law of banking, 2nd edition, Asia law house, Hyderabad.

5.     Dr. B.R. sharma, Dr.R.P.Nanditha, ‘Banking law and negotiable instruments law’, allahabad law agency, 4th edtn.2013.

6.     Duttas  commentary on  ‘The negotiable instruments act with allied laws, Dwivedi law agency,2013.

7.     S.R. Krishna murthyaiyar, ‘Law relating to the Negotiable instruments act, with case laws

8.     Universal’s concise commentary on ‘ The negotiable Instruments Act,1881 with exhaustive case laws.

9.     S N Gupta, 'Dishonour of Cheques-Liability-Civil & Criminal', Universal Law Publishing, Ninth Edition 2017

Evaluation Pattern

SCHEME OF VALUATION

·       CIA I – Class Test / Assignment / Presentation                 – 10%

·       CIA II – Mid Semester Examination                                 – 25%

·       CIA III – Case Analysis                                                  – 10%

·       Attendance                                                                       – 05%

·       End Semester Examination                                                – 50%

                                                                                               TOTAL 100%

 

LAW985C - ARTIFICIAL INTELLIGENCE AND LAW (2020 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

The course is being offered to develop the employability of students in companies, organizations, and other stakeholders in the sectors where Artificial Intelligence would be applicable. To ensure their employability, the course has six units dealing with basic concepts and jurisprudential implications of Artificial Intelligence. Unit 1 introduces students to the basics of artificial intelligence and its development. Unit 2 is designed to make the students know and understand various changes that is needed in the existing jurisprudence due to technological advancement in relation to personality, property, administration of justice and liability.  Unit 3 is to introduce the students to AI related changes in consumer protection laws. Unit 4 is designed to acquaint the students with the issues related to intellectual property rights when Artificial Intelligence is applied.  Unit 5 is to acquaint students with the challenges faced while deciding criminal liability of Artificial Intelligence facilitated transactions.  Unit 6: is a blend of various areas in which there is intrusion of AI such as contracts, torts and block chain. The Unit analyses the regulatory challenges brought about by the use of Artificial Intelligence in social and commercial transactions. This also matches with the Sustainable Development Goal 9 that aims to promote industry, innovation and develop infrastructure by ensuring the challenges are identified and the legal framework is accordingly modified. The course also aims to achieve Sustainable Development Goal 11 by analyzing the role that Artificial Intelligence and Law may play in building sustainable cities as well as communities.

1. To discuss the key legal principles that are applicable to Artificial Intelligence 

2. To debate upon the legal implications of using artificial intelligence in social and commercial interactions

3. To enlist and analyse the challenges in applying the existing jurisprudence of criminal liability, consumer protection, property, personality and intellectual property rights to Artificial Intelligence facilitated transactions.

4.To discussing recent technological developments that use Artificial Intelligence and assess its legal implications globally.

 

 

 

1.    

Learning Outcome

CO1: Explain the principles of artificial intelligence (Employability in Technology driven sector)

CO2: List out the issues between artificial intelligence and law

CO3: Describe the theories of artificial intelligence and law (Employability)

CO4: Explain the liabilities in case of violation by artificial intelligence

Unit-1
Teaching Hours:15
BASICS OF ARTIFICIAL INTELLIGENCE
 

Definition, nature and scope of artificial intelligence 

History of Artificial Intelligence

 

Theories for development of Artificial Intelligence

Basic and technical aspects of Artificial Intelligence; Machine Learning; Deep Learning; natural language processing 

 

Legal Informatics and AI

 

Unit-1
Teaching Hours:15
BASICS OF ARTIFICIAL INTELLIGENCE
 

Definition, nature and scope of artificial intelligence 

History of Artificial Intelligence

 

Theories for development of Artificial Intelligence

Basic and technical aspects of Artificial Intelligence; Machine Learning; Deep Learning; natural language processing 

 

Legal Informatics and AI

 

Unit-2
Teaching Hours:11
JURISPRUDENCE AND ARTIFICIAL INTELLIGENCE
 

Personality and property

 

Privacy, morality and ethical issues

 

Rights and duties

 

 

Liability of AI : Strict, Absolute and Vicarious Liability

 

 

Judicial mechanism and AI

Unit-2
Teaching Hours:11
JURISPRUDENCE AND ARTIFICIAL INTELLIGENCE
 

Personality and property

 

Privacy, morality and ethical issues

 

Rights and duties

 

 

Liability of AI : Strict, Absolute and Vicarious Liability

 

 

Judicial mechanism and AI

Unit-3
Teaching Hours:10
ARTIFICIAL INTELLIGENCE AND CONSUMER PROTECTION LAWS:
 

1.       Market, Consumer relations

2.      E- Commerce and Consumers Rights

3.      Negligence in the service sector- Insurance and Medicine

4.      Product liability and Autonomous vehicle

Data protection.

Unit-3
Teaching Hours:10
ARTIFICIAL INTELLIGENCE AND CONSUMER PROTECTION LAWS:
 

1.       Market, Consumer relations

2.      E- Commerce and Consumers Rights

3.      Negligence in the service sector- Insurance and Medicine

4.      Product liability and Autonomous vehicle

Data protection.

Unit-4
Teaching Hours:9
ARTIFICIAL INTELLIGENCE AND INTELLECTUAL PROPERTY
 
  1. Copyrights
  2. Patents

3.     Trademarks

4.     Trade secrets

5.      Liability and other issues

Unit-4
Teaching Hours:9
ARTIFICIAL INTELLIGENCE AND INTELLECTUAL PROPERTY
 
  1. Copyrights
  2. Patents

3.     Trademarks

4.     Trade secrets

5.      Liability and other issues

Unit-5
Teaching Hours:9
ARTIFICIAL INTELLIGENCE AND CRIMINAL LAW
 
  1. Mens Rea and Actus Reus
  2. Theories of punishment

3.     Offences against body

4.     Offences against property

5.      Criminal liability

 

6.     Punishments

 

Unit-5
Teaching Hours:9
ARTIFICIAL INTELLIGENCE AND CRIMINAL LAW
 
  1. Mens Rea and Actus Reus
  2. Theories of punishment

3.     Offences against body

4.     Offences against property

5.      Criminal liability

 

6.     Punishments

 

Unit-6
Teaching Hours:6
AI, OTHER LAWS AND ISSUES
 

 

  1. Contracts and liabilities
  2. Tortious liabilities
  3. AI and Blockchain
  4. Lawyering skills and Ethical issues
  5. AI and Research
  6. Future of AI

 

Unit-6
Teaching Hours:6
AI, OTHER LAWS AND ISSUES
 

 

  1. Contracts and liabilities
  2. Tortious liabilities
  3. AI and Blockchain
  4. Lawyering skills and Ethical issues
  5. AI and Research
  6. Future of AI

 

Text Books And Reference Books:

1. Research Handbook on the Law of Artificial Intelligence- Woodrow Barfield; Ugo Pagallo Edward Elgar Publishing 

2. Regulating Artificial Intelligence- Dominika Ewa Harasimiuk and Tomasz Braun

3.Artificial Intelligence and Law- Rodney D Ryder and Nikhil Naren

 

Essential Reading / Recommended Reading

1. Argumentation Methods for artificial intelligence in law; Douglas Walton; Springer Publications

2. Tomorrow's Lawyers: An Introduction to Your Future 2nd Edition, by Richard Susskind

3. Artificial Intelligence and Law; Pawan Duggal; 1st ed 2017

 

 

Evaluation Pattern

 

Components of assessment

Components

CIA I

CIA II

CIA III

ESE

Marks/Percentage

10%

25%

10%

50%

LAW985D - TELECOMMUNICATION LAW (2020 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

Course Description - UNIT 1 is designed to introduce students to the area of the telecommunications the various aspects of telecommunication – technological, economical, legal and regulatory – and the need for its regulation. Furthermore, discusses the telecommunication reforms in the developing countries. UNIT 2 is to introduce students to various laws and authorities in India related to the regulation of telecommunication.  UNIT 3 introduces the students to the various key regulatory issues related to telecommunications. UNIT 4 introduces the students to the various transactions made in the field of telecommunications.  UNIT 5 is to acquaint students with data privacy issues in the field of telecommunication. Unit 6 deals with the communication content regulation across various jurisdictions. Unit 7 deals with the international institutions related to the regulation of telecommunications.

Course Objectives - The course discourses the historical evolution of telecommunication sector. The course further analyses the laws that regulate the telecom sector, viz, Indian Telegraph Act, 1885, Indian Wireless Telegraphy Act, 1933 and the Telecom Regulatory Authority of India Act, 1997. The course equips students to understand the Intellectual property issues, competition law issues and various other regulatory issues that exist in the telecom sector. The course also examines the data privacy laws and content regulation laws that governs telecommunication sector. The course also enables students to understand the International Regulatory Regime with respect to Telecommunication sector.

Learning Outcome

CO1: To know the history of telecommunication law

CO2: Analyse the laws that regulated telecommunication Sector

CO3: List out the Intellectual Property and Competition Law issues in the telecommunication sector

CO4: Evaluate the data privacy and communication content regulations in India as against U.S and UK laws

CO5: Identify the various international organisations and international instruments that governs international telecommunication law

UNIT 1
Teaching Hours:10
INTRODUCTION
 

Telecommunication law and regulation, communication technologies, services and markets, economics of telecommunications regulation, Telecommunication Policy of India, Historical evolution of telecommunication law and policy, Market structure of the Telecom operators, Constitutional aspects of communication law, Telecommunication Reform in Developing Countries.

 

UNIT 1
Teaching Hours:10
INTRODUCTION
 

Telecommunication law and regulation, communication technologies, services and markets, economics of telecommunications regulation, Telecommunication Policy of India, Historical evolution of telecommunication law and policy, Market structure of the Telecom operators, Constitutional aspects of communication law, Telecommunication Reform in Developing Countries.

 

UNIT 2
Teaching Hours:10
REGULATORY FRAMEWORK
 

Important Acts and regulatory authorities - Indian Telegraph Act, 1885, Indian Wireless Telegraphy Act, 1933, Telecom Regulatory Authority of India Act, 1997, Telecom Commission, TRAI, Telecom Dispute Settlement and Appellate Tribunal, Telecommunication law in UK, US and European Union. 

UNIT 2
Teaching Hours:10
REGULATORY FRAMEWORK
 

Important Acts and regulatory authorities - Indian Telegraph Act, 1885, Indian Wireless Telegraphy Act, 1933, Telecom Regulatory Authority of India Act, 1997, Telecom Commission, TRAI, Telecom Dispute Settlement and Appellate Tribunal, Telecommunication law in UK, US and European Union. 

UNIT 3
Teaching Hours:8
KEY REGULATORY ISSUES
 

 

Authorization and Licensing, Access and Interconnection, AGR- Adjusted Gross Revenue Competition Law in Telecommunication, Telecommunications standards and intellectual property issues, Cellular and mobile services, Internet services, Regulatory framework for spectrum management. 

UNIT 3
Teaching Hours:8
KEY REGULATORY ISSUES
 

 

Authorization and Licensing, Access and Interconnection, AGR- Adjusted Gross Revenue Competition Law in Telecommunication, Telecommunications standards and intellectual property issues, Cellular and mobile services, Internet services, Regulatory framework for spectrum management. 

UNIT 4
Teaching Hours:10
TELECOMMUNICATIONS TRANSACTIONS
 

 

Capacity Agreements, Types of Capacity agreements, Key contractual issues, Regulatory issues, Emerging Trends, Communication Outsourcing – Types, specific issues, guaranteeing service level

UNIT 4
Teaching Hours:10
TELECOMMUNICATIONS TRANSACTIONS
 

 

Capacity Agreements, Types of Capacity agreements, Key contractual issues, Regulatory issues, Emerging Trends, Communication Outsourcing – Types, specific issues, guaranteeing service level

UNIT 5
Teaching Hours:10
DATA REGULATION IN THE TELECOMMUNICATION SECTOR
 

 

Interception, monitoring and recording of communications, Communication privacy, electronic surveillance and seizure, EC Directive on Privacy and Electronic communications, Line identification, Data protection – Personal Data Protection Bill, 2019.

UNIT 5
Teaching Hours:10
DATA REGULATION IN THE TELECOMMUNICATION SECTOR
 

 

Interception, monitoring and recording of communications, Communication privacy, electronic surveillance and seizure, EC Directive on Privacy and Electronic communications, Line identification, Data protection – Personal Data Protection Bill, 2019.

UNIT 6
Teaching Hours:7
COMMUNICATIONS CONTENT
 

 

Content Regulation, Regulation of content UK, US and India, Cable Television Network (Regulation) Act, 1995, Prasar Bharati (Broadcast Corporation of India) Act of 1990, Regulations that govern OTT platforms, Regulatory framework for television and radio, Regulation of sound broadcasting.

UNIT 6
Teaching Hours:7
COMMUNICATIONS CONTENT
 

 

Content Regulation, Regulation of content UK, US and India, Cable Television Network (Regulation) Act, 1995, Prasar Bharati (Broadcast Corporation of India) Act of 1990, Regulations that govern OTT platforms, Regulatory framework for television and radio, Regulation of sound broadcasting.

UNIT 7
Teaching Hours:5
INTERNATIONAL REGULATORY REGIME
 

 

International Telecommunications Law, International Network Infrastructure, International Telecommunication Union, World Trade Organization.

UNIT 7
Teaching Hours:5
INTERNATIONAL REGULATORY REGIME
 

 

International Telecommunications Law, International Network Infrastructure, International Telecommunication Union, World Trade Organization.

Text Books And Reference Books:

 

  1. Walden, Ian (Ed.) Telecommunications Law and Regulation. 3rd ed. London: Oxford University Press, 2009.
  2. Raghava, Vikram. Communications Law in India: Legal Aspects of Telecommunications, Broadcasting, and Cable Services. New Delhi: LexisNexis Butterworths, 2007.
  3. Price, Monroe. Broadcasting Reform in India. New Delhi: Oxford University Press, 2000.
  4. TDSAT. Telecom Broadcasting and Cable Laws. TDSAT, 2008.
  5. Prasad, R.U.S. Resolving Disputes in Telecommunications: Global Practices and Challenges. New Delhi: Oxford University Press, 2011.
  6. Chakravartty, Paula. Media Policy and Globalization. Jaipur: Rawat Publications, 2007.
  7. Koenig, Christian ed. EC Competition and Telecommunications Law. 2nd ed. Austin: Wolters Kluwer, 2009.
  8. Blackshaw, Ian ed. TV Rights and Sport: Legal Aspects. The Hague: T.M.C. Asser Press, 2009.
  9. Cable Television Networks (Regulation) Act, 1995.
  10. Cinematograph Act, 1952.
  11. Media, Press & Telecommunications Laws. Lucknow, Eastern Book Company, 2007.
  12. Buckley, Steve, Toby Mendel and Sean O Siochru. Broadcasting Voice and Accountability: A Pubic Interest Approach to Policy, Law and Regulation. Washington: The World Bank Group, 2008.
  13. Geradin, Damien ed. The WTO and Global Convergence in Telecommunications and Audio-Visual Services. Cambridge: Cambridge University Press, 2004.
  14. Rajagopal, Arvind ed. The Indian Public Sphere. New Delhi: Oxford University Press, 2009.

 

Essential Reading / Recommended Reading

1. The Telegraph Act, 1885.

2. The Indian Wireless Telegraph Act, 1933. 

3. The TRAI Act, 1997.

4. The Telecommunication ACt, 1996 (The USA) 

Evaluation Pattern

CIA I – Class Test / Assignment / Presentation            – 10%

·         CIA II – Mid Semester Examination                                 – 25%

·         CIA III – Research Topic                                                     – 10%

·         Attendance                                                                            – 05%

·         End Semester Examination                                                – 50%

                                                                                    TOTAL 100%

LAW985E - GEOGRAPHICAL INDICATIONS TKDL AND INDIGENOUS RIGHTS (2020 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

This course offers students a thorough grasp of the regulatory landscape surrounding GIs and TK in India, providing them with the necessary knowledge and skills to navigate this intricate area of intellectual property law effectively. Unit 1 provides an introduction to the foundational agreements and legal principles governing Geographical Indications (GI) and Traditional Knowledge (TK) on an international scale. Students will analyse landmark agreements such as the Paris Convention for the Protection of Industrial Property, the Madrid Agreement, and the Lisbon Agreement. Additionally,

contemporary agreements like the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the Convention on Biological Diversity (CBD) are examined. Unit 2 delves into the core concepts of Geographical Indications (GI) and their relationship with trademark systems. They explore the nature and concept of GI, including indications of origin and appellation of origin. This unit offers a detailed analysis of the legal intricacies involved in protecting GI and its intersection with trademark laws. Unit 3 focuses on the specific legal provisions governing the registration and protection of GI under relevant legislation. Additionally, the unit covers the rights conferred by GI registration, exceptions to registration, and legal mechanisms available for addressing infringement issues. Through case studies and practical examplesit helps in navigating the legal framework for GI registration and protection. Unit 4 explores the historical background of TK and its development as an integral component of

cultural heritage and innovation. Participants analyse the justification for recognizing TK as an IP right and the challenges associated with its misuse and misappropriation. The role of the state in protecting TK and its intersection with patent issues are also discussed, providing a comprehensive understanding of TK'slegal complexities. Unit 5 offers an in-depth exploration of Traditional Knowledge

(TK) and its intersection with Intellectual Property Rights (IPR). The unit differentiates between TK and traditional cultural expressions, examining legal frameworks aimed at ensuring equitable benefit sharing for traditional communities. Unit 6 focuses on legal protection mechanisms available for Traditional Knowledge (TK). It analyses legal protection as under TKDL and other intellectual property laws, considering the effectiveness of existing frameworks in addressing TK-related legal challenges. By the course's conclusion, students will possess a comprehensive understanding of the regulatory framework surrounding them. GIs and TK in India. They will be adept at navigating complex legal challenges and will contribute meaningfully to the protection and preservation of geographical

indications and traditional knowledge.

Learning Outcome

CO1: Understand the fundamentals of Geographical Indications and Traditional knowledge, and the rationale for their protection

CO2: Analyse various International Conventions on Geographical Indication and Traditional Knowledge Laws.

CO3: Apply the principles and legal provisions of Geographical Indication laws to legal problems- provisions of The Geographical Indication of Goods (Registration and Protection) Act

CO4: Evaluate upon emerging issues like climate change, sustainability concerning Geographical Indications and Traditional Knowledge

CO5: Analyse the legal inadequacies in Geographical Indication and Traditional Knowledge laws and skill fully draft legal solutions

CO6: Analyse issues constituting infringement of GI and Traditional Knowledge and its remedial measures.

Unit-1
Teaching Hours:10
Unit 1. Historical evolution and International Legal Framework for GI and Traditional Knowledge
 

1.1 Philosophical and historical understanding of Geographical indication and

Traditional Knowledge

1.2 Paris Convention for the Protection of Industrial Property, 1883

1.3 Madrid Agreement for the Repression of False or Deceptive Indications of

Source on Goods, 1891

1.4 Lisbon Agreement for the Protection of Appellations of Origin and Their

International Registration in 1958

1.5 Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS),

1995

1.6 Convention on Biological diversity, 1993 and Nagoya Protocol

Unit-1
Teaching Hours:10
Unit 1. Historical evolution and International Legal Framework for GI and Traditional Knowledge
 

1.1 Philosophical and historical understanding of Geographical indication and

Traditional Knowledge

1.2 Paris Convention for the Protection of Industrial Property, 1883

1.3 Madrid Agreement for the Repression of False or Deceptive Indications of

Source on Goods, 1891

1.4 Lisbon Agreement for the Protection of Appellations of Origin and Their

International Registration in 1958

1.5 Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS),

1995

1.6 Convention on Biological diversity, 1993 and Nagoya Protocol

Unit-1
Teaching Hours:10
Unit 1. Historical evolution and International Legal Framework for GI and Traditional Knowledge
 

1.1 Philosophical and historical understanding of Geographical indication and

Traditional Knowledge

1.2 Paris Convention for the Protection of Industrial Property, 1883

1.3 Madrid Agreement for the Repression of False or Deceptive Indications of

Source on Goods, 1891

1.4 Lisbon Agreement for the Protection of Appellations of Origin and Their

International Registration in 1958

1.5 Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS),

1995

1.6 Convention on Biological diversity, 1993 and Nagoya Protocol

Unit-1
Teaching Hours:10
Unit 1. Historical evolution and International Legal Framework for GI and Traditional Knowledge
 

1.1 Philosophical and historical understanding of Geographical indication and

Traditional Knowledge

1.2 Paris Convention for the Protection of Industrial Property, 1883

1.3 Madrid Agreement for the Repression of False or Deceptive Indications of

Source on Goods, 1891

1.4 Lisbon Agreement for the Protection of Appellations of Origin and Their

International Registration in 1958

1.5 Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS),

1995

1.6 Convention on Biological diversity, 1993 and Nagoya Protocol

Unit-2
Teaching Hours:10
Introduction to Geographical Indications and its relation with Trademark Systems (10 hours)
 

2.1. Nature and Concept of GI, Indications of Origin, and Appellation of Origin

2.2. Geographical Indication kinds: Agricultural and non-agricultural goods

2.3 Criteria for protection

2.4 Differences Between Geographical Indications and Trademarks

2.5 Collective and Certification marks

2.6 Trademarks and Prior use

Unit-2
Teaching Hours:10
Introduction to Geographical Indications and its relation with Trademark Systems (10 hours)
 

2.1. Nature and Concept of GI, Indications of Origin, and Appellation of Origin

2.2. Geographical Indication kinds: Agricultural and non-agricultural goods

2.3 Criteria for protection

2.4 Differences Between Geographical Indications and Trademarks

2.5 Collective and Certification marks

2.6 Trademarks and Prior use

Unit-2
Teaching Hours:10
Introduction to Geographical Indications and its relation with Trademark Systems (10 hours)
 

2.1. Nature and Concept of GI, Indications of Origin, and Appellation of Origin

2.2. Geographical Indication kinds: Agricultural and non-agricultural goods

2.3 Criteria for protection

2.4 Differences Between Geographical Indications and Trademarks

2.5 Collective and Certification marks

2.6 Trademarks and Prior use

Unit-2
Teaching Hours:10
Introduction to Geographical Indications and its relation with Trademark Systems (10 hours)
 

2.1. Nature and Concept of GI, Indications of Origin, and Appellation of Origin

2.2. Geographical Indication kinds: Agricultural and non-agricultural goods

2.3 Criteria for protection

2.4 Differences Between Geographical Indications and Trademarks

2.5 Collective and Certification marks

2.6 Trademarks and Prior use

Unit-3
Teaching Hours:12
The Geographical Indication of Goods (Registration and Protection) Act, 1999 Registration of GI
 

3.1 Registration of GI

3.2 Duration and Renewal

3.3 Grounds for Cancellation

3.4 Rights conferred by registration

3.5 Effect of Registration

3.6 Exceptions to Registration of Geographical Indications

3.7 Infringement and Remedies

Unit-3
Teaching Hours:12
The Geographical Indication of Goods (Registration and Protection) Act, 1999 Registration of GI
 

3.1 Registration of GI

3.2 Duration and Renewal

3.3 Grounds for Cancellation

3.4 Rights conferred by registration

3.5 Effect of Registration

3.6 Exceptions to Registration of Geographical Indications

3.7 Infringement and Remedies

Unit-3
Teaching Hours:12
The Geographical Indication of Goods (Registration and Protection) Act, 1999 Registration of GI
 

3.1 Registration of GI

3.2 Duration and Renewal

3.3 Grounds for Cancellation

3.4 Rights conferred by registration

3.5 Effect of Registration

3.6 Exceptions to Registration of Geographical Indications

3.7 Infringement and Remedies

Unit-3
Teaching Hours:12
The Geographical Indication of Goods (Registration and Protection) Act, 1999 Registration of GI
 

3.1 Registration of GI

3.2 Duration and Renewal

3.3 Grounds for Cancellation

3.4 Rights conferred by registration

3.5 Effect of Registration

3.6 Exceptions to Registration of Geographical Indications

3.7 Infringement and Remedies

Unit-4
Teaching Hours:12
Traditional Knowledge and Patent Issues
 

4.1 Misuse of Traditional knowledge

4.2 Traditional knowledge and Patent issues

4.3 Role of State in protecting Traditional Knowledge

4.4 Justification of Traditional knowledge as IP Right

Unit-4
Teaching Hours:12
Traditional Knowledge and Patent Issues
 

4.1 Misuse of Traditional knowledge

4.2 Traditional knowledge and Patent issues

4.3 Role of State in protecting Traditional Knowledge

4.4 Justification of Traditional knowledge as IP Right

Unit-4
Teaching Hours:12
Traditional Knowledge and Patent Issues
 

4.1 Misuse of Traditional knowledge

4.2 Traditional knowledge and Patent issues

4.3 Role of State in protecting Traditional Knowledge

4.4 Justification of Traditional knowledge as IP Right

Unit-4
Teaching Hours:12
Traditional Knowledge and Patent Issues
 

4.1 Misuse of Traditional knowledge

4.2 Traditional knowledge and Patent issues

4.3 Role of State in protecting Traditional Knowledge

4.4 Justification of Traditional knowledge as IP Right

Unit-5
Teaching Hours:10
Traditional Knowledge (TK) and Intellectual Property Rights
 

5.1 Meaning and nature of Traditional Knowledge

5.2 Need for protection of Traditional Knowledge and Indigenous Rights

5.3 Traditional Knowledge and Traditional Cultural Expressions differences

5.4 Access benefit Sharing Mechanism as under Biological diversity Act, 2002

Unit-5
Teaching Hours:10
Traditional Knowledge (TK) and Intellectual Property Rights
 

5.1 Meaning and nature of Traditional Knowledge

5.2 Need for protection of Traditional Knowledge and Indigenous Rights

5.3 Traditional Knowledge and Traditional Cultural Expressions differences

5.4 Access benefit Sharing Mechanism as under Biological diversity Act, 2002

Unit-5
Teaching Hours:10
Traditional Knowledge (TK) and Intellectual Property Rights
 

5.1 Meaning and nature of Traditional Knowledge

5.2 Need for protection of Traditional Knowledge and Indigenous Rights

5.3 Traditional Knowledge and Traditional Cultural Expressions differences

5.4 Access benefit Sharing Mechanism as under Biological diversity Act, 2002

Unit-5
Teaching Hours:10
Traditional Knowledge (TK) and Intellectual Property Rights
 

5.1 Meaning and nature of Traditional Knowledge

5.2 Need for protection of Traditional Knowledge and Indigenous Rights

5.3 Traditional Knowledge and Traditional Cultural Expressions differences

5.4 Access benefit Sharing Mechanism as under Biological diversity Act, 2002

Unit-6
Teaching Hours:6
Legal Protection of Traditional Knowledge
 

6.1 Traditional knowledge Digital Library

6.2 Rationale for legal Protection

6.3 Sui generis protection for Traditional Knowledge

6.4 Legal protection as under other IP laws

Unit-6
Teaching Hours:6
Legal Protection of Traditional Knowledge
 

6.1 Traditional knowledge Digital Library

6.2 Rationale for legal Protection

6.3 Sui generis protection for Traditional Knowledge

6.4 Legal protection as under other IP laws

Unit-6
Teaching Hours:6
Legal Protection of Traditional Knowledge
 

6.1 Traditional knowledge Digital Library

6.2 Rationale for legal Protection

6.3 Sui generis protection for Traditional Knowledge

6.4 Legal protection as under other IP laws

Unit-6
Teaching Hours:6
Legal Protection of Traditional Knowledge
 

6.1 Traditional knowledge Digital Library

6.2 Rationale for legal Protection

6.3 Sui generis protection for Traditional Knowledge

6.4 Legal protection as under other IP laws

Text Books And Reference Books:

1, V K Ahuja, Protection of Traditional Knowledge and Geographical

Indications

2. Anu Kapur, Made only in India: goods with geographical indications. - New

York: Routledge, 2016.

3. Bernard O'Connor - The Law of Geographical Indications, Cameron May,

London; 2004

4. Delphine Marie-Vivien, Protection of geographical indications in India. - New

Delhi: Sage Publications India Pvt. Ltd.

5. M. K Bhandari, Law relating to Intellectual Property Rights, Edition 2006,

Central Law Publications, Allahabad.

6. Thitapha Wattanapruttipaisan - Trademarks and Geographical Indications:

Policy Issues and Options in Trade Negotiations and Implementation; Asian

Development Review, vol. 26, no. 1, pp. 166-205

Essential Reading / Recommended Reading

1. Andanda Pamela, Striking a Balance between Intellectual Property

Protection of Traditional Knowledge, Cultural Preservation and Access to

Knowledge (Journal of Intellectual Property Rights Vol 17, November 2012,

pp 547-558)

2. Arunachalam V. „Indigenous Knowledge and Intellectual Property Rights:

The Latent Logistics and the Overt Concerns‟ (Journal of Intellectual

Property Rights, Vol. 7, May 2002, pp. 222-232).

3. Damodaran A, „Traditional Knowledge, Intellectual Property Rights and

Biodiversity Conservation: Critical Issues and Key Challenges‟ (Journal of

Intellectual Property Rights, Vol. 13, September 2008, pp. 509-513)

4. Alberto Almeida, ‘Key Differences between Trademarks and Geographical

Indications’

5. Budi Suratno, ‘Protection of Geographical Indications’, [2004] IP

Management Review, Vol. 2, pp.. 87-93.

6. Daphne Zografos, ‘Geographical Indications & Socio-Economic

Development’ at

http://www.iqsensato.org/wp-content/uploads/2009/02/iqsensato-wp-3-

zografos-dec2008.pdf

7. Dr. Sudhir Ravindran & Ms. Arya Mathew, ‘The Protection of Geographical

Indication in India - Case Study on ‘Darjeeling Tea’

Felix Addor & Alexandra Grazioli, ‘Geographical Indications beyond wines

and spirits—A Roadmap for Better Protection for GIs’, Journal of World

Intellectual Property, vol. 5, No. 6, November 2002, pp. 865-897

9. Kasturi Das, ‘Protection of India’s ‘Geographical Indications’: An Overview

of the Indian Legislation and the TRIPS Scenario’, Indian Journal of

International Law, Vol. 46 (1), 39-72, Indian Society of International Law,

India, 2006

10. Paul J Heald, ‘Trademarks and Geographical Indications: Exploring the

Contours of the TRIPS Agreement’, 29 Vanderbilt Journal of Transnational

Law, 635 (1996)

11. Surbhi Jain, ‘Effects Of The Extension Of Geographical Indications: A

South Asian Perspective’, Asia-Pacific Development Journal Vol. 16, No. 2,

December 2009

12. V.K., Gupta. An Approach for Establishing a Traditional Knowledge Digital

Library (2000).

Evaluation Pattern

CIA I – Case study – 10%

CIA II – Mid Semester

Examination – 25%

CIA III – Research Paper – 10%

Attendance – 05%

End Semester Examination – 50%

LAW986A - SPORTS LAW (2020 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

The main objective of this course is to acquaint the student of law with the Historical perspective of sports regulation, commercialization of sports, legal regulation of sports governing bodies, intellectual property rights and sports.

COURSE OBJECTIVES

1. To understand the sociology of sports – in political, social, economic and cultural context

2. To apply traditional principles of contract law to sports contracts

3. To study and apply the interplay between sports and tortious acts

4. To understand the extent of applicability of criminal law to sporting activities

5. To study and analyze the legal regulation for drug abuse, discrimination, safety and employment issues in sports

6. To understand the interface between sports, intellectual property rights and antitrust issues via of case law

 

7. To understand and analyze dispute settlement mechanism

Learning Outcome

CO1: Draft sports contracts by incorporating special clauses.

CO2: Apply tort law and criminal law provisions in civil and criminal litigations.

CO3: Apply international procedural rules in sports disputes.

CO4: Draft model sports law under the Indian Legal Regime.

Unit-1
Teaching Hours:10
HISTORICAL PERSPECTIVE ON SPORTS REGULATIONS
 

·         Definition of sports

·         Sociological and political aspects of sports

·         Need for legal definition

·         History of sports and historical perspectives of sports regulations and various regulatory regimes.

Unit-1
Teaching Hours:10
HISTORICAL PERSPECTIVE ON SPORTS REGULATIONS
 

·         Definition of sports

·         Sociological and political aspects of sports

·         Need for legal definition

·         History of sports and historical perspectives of sports regulations and various regulatory regimes.

Unit-2
Teaching Hours:10
COMMERCIALIZATION OF SPORTS AND MODELS OF REGULATION
 

·         Commercialization of sports

·         The normative rule structure of sports

·         Challenges to the rules

·         Juridification of sports – the role of law

·         Different types of sporting bodies

Unit-2
Teaching Hours:10
COMMERCIALIZATION OF SPORTS AND MODELS OF REGULATION
 

·         Commercialization of sports

·         The normative rule structure of sports

·         Challenges to the rules

·         Juridification of sports – the role of law

·         Different types of sporting bodies

Unit-3
Teaching Hours:10
LEGAL REGULATION OF SPORTS GOVERNING BODIES
 

·         Self regulation and its evaluation

·         Judicial review

·         Alternate dispute mechanisms in sports

·         Sports ombudsman

·         Legal regulation of doping in sports

·         Sports participants and the law of discrimination

Unit-3
Teaching Hours:10
LEGAL REGULATION OF SPORTS GOVERNING BODIES
 

·         Self regulation and its evaluation

·         Judicial review

·         Alternate dispute mechanisms in sports

·         Sports ombudsman

·         Legal regulation of doping in sports

·         Sports participants and the law of discrimination

Unit-4
Teaching Hours:10
CONTRACTUAL TERMS AND OBLIGATIONS
 

·         Contractual obligations and the player’s obligations

·         Prohibition against certain activities

·         The employer’s obligation

·         Other terms and conditions

(primacy and regulatory authorities, term and termination, decipline)

Unit-4
Teaching Hours:10
CONTRACTUAL TERMS AND OBLIGATIONS
 

·         Contractual obligations and the player’s obligations

·         Prohibition against certain activities

·         The employer’s obligation

·         Other terms and conditions

(primacy and regulatory authorities, term and termination, decipline)

Unit-5
Teaching Hours:10
INTELLECTUAL PROPERTY RIGHTS AND SPORTS
 

·         Intellectual property rights and sports –how can it be protected?

·         The importance of branding

·         Trademarks, copyrights and patents

·         Sports personality rights

·         Unfair competition

 

Unit-5
Teaching Hours:10
INTELLECTUAL PROPERTY RIGHTS AND SPORTS
 

·         Intellectual property rights and sports –how can it be protected?

·         The importance of branding

·         Trademarks, copyrights and patents

·         Sports personality rights

·         Unfair competition

 

Unit-6
Teaching Hours:10
SAFETY IN SPORTS: LEGAL ISSUES
 

·         Controlling participator law by criminal law

·         Defences in criminal law

·         Criminal law punishments

·         Tort and extending tortuous liability

·         Compensation in torts

·         Safety of spectators and participants and stadium safety.

Unit-6
Teaching Hours:10
SAFETY IN SPORTS: LEGAL ISSUES
 

·         Controlling participator law by criminal law

·         Defences in criminal law

·         Criminal law punishments

·         Tort and extending tortuous liability

·         Compensation in torts

·         Safety of spectators and participants and stadium safety.

Text Books And Reference Books:

1.      Sports Law, third edition, Simon Gardiner and mark James , Cavendish Publishing Ltd.

2.      Law and the business of sports, David Griffith Jones, Butterworths publishers.

3.      Sport and the Law, Edward Grayson, Tottel Publishing.

4.      Sport and the Law: The Scott Perspective, William J Stewart, T&T Clark Edinburgh 2000.

5.      Sports Law and Regulations, Mitten Davis and Smith Berry, Aspen Publishers, Wolters Kluwer(Law and Business)

Essential Reading / Recommended Reading

     Sports Law, third edition, Simon Gardiner and mark James , Cavendish Publishing Ltd.

2.      Law and the business of sports, David Griffith Jones, Butterworths publishers.

3.      Sport and the Law, Edward Grayson, Tottel Publishing.

Evaluation Pattern

SCHEME OF VALUATION

 

·         CIA I – Class Test / Assignment / Presentation            – 10%

·         CIA II – Mid Semester Examination                                  – 25%

·         CIA III – Research Topic                                                     – 10%

·         Attendance                                                                            – 05%

·         End Semester Examination                                                – 50%

 

                                                                                                    TOTAL 100%

LAW986B - INTERNATIONAL COMMERCIAL ARBITRATION (2020 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

 

 

Conflicts in human relationships cannot be avoided and its resolution can either be by litigation or alternative dispute resolution mechanisms namely – arbitration, mediation, negotiation or conciliation. In International transactions which transcend national boundaries, international arbitration has grown to become one of the most preferred dispute resolution mechanisms. International contracts, investments, technology and intellectual property disputes have strongly taken the arbitration route. The hallmark of the same being the flexibility, it  allows parties to choose applicable law, the seat of arbitration, the arbitration institution, the arbitrators and jurisdictional scope which has accelerated the necessity for a uniform worldwide system of resolution of international commercial disputes. 

Learning Outcome

CO1: CO-1: Analytically articulate the key provisions of the Indian Arbitration & Conciliation Act, 1996.

CO2: CO-2: Develop communication and coordination skills through group projects to interpret the requirements of UNCITRAL, ICC, SIAC and ICSID arbitration rules.

CO3: CO-3: Develop the ability to apply relevant criteria through experiential learning to assess the appropriateness of granting interim measures in specific cases.

CO4: CO-4: Develop critical thinking abilities by evaluating the limitations and challenges involved in the enforcement of international arbitral awards, considering both legal and practical perspectives.

CO5: CO-5: Effectively argue the implications of equity in arbitration case studies, making informed decisions based on real-world scenarios and developing advocacy skills.

CO6: CO-6: Develop reflective learning skills for effective clause construction in arbitration agreements

CO7: CO-7: Draft comprehensive arbitral awards based on given sets of facts and evidence through problem-based learning.

Unit-1
Teaching Hours:10
UNIT -1 : Introduction To Commercial Arbitration and its Primary Sources
 

 

  • Arbitration & Conciliation Act, 1996- The Indian framework of Arbitration law

  • UNCITRAL model law 

  • Ad-hoc & main institutional structures- ICC, ICSID, SIAC, 

 

 

Unit-1
Teaching Hours:10
UNIT -1 : Introduction To Commercial Arbitration and its Primary Sources
 

 

  • Arbitration & Conciliation Act, 1996- The Indian framework of Arbitration law

  • UNCITRAL model law 

  • Ad-hoc & main institutional structures- ICC, ICSID, SIAC, 

 

 

Unit-1
Teaching Hours:10
UNIT -1 : Introduction To Commercial Arbitration and its Primary Sources
 

 

  • Arbitration & Conciliation Act, 1996- The Indian framework of Arbitration law

  • UNCITRAL model law 

  • Ad-hoc & main institutional structures- ICC, ICSID, SIAC, 

 

 

Unit-1
Teaching Hours:10
UNIT -1 : Introduction To Commercial Arbitration and its Primary Sources
 

 

  • Arbitration & Conciliation Act, 1996- The Indian framework of Arbitration law

  • UNCITRAL model law 

  • Ad-hoc & main institutional structures- ICC, ICSID, SIAC, 

 

 

Unit-2
Teaching Hours:15
UNIT 2: The Principles and Practice Of Law In International Commercial Arbitration
 
  1. Party Autonomy

  2. Non Signatories (jurisdiction ratione personae) 

  3. Separability

  4. Competence-Competence

  5. Territorial Principle 

  6. Expert witness 

  7. Confidentiality and Privacy 

 

Unit-2
Teaching Hours:15
UNIT 2: The Principles and Practice Of Law In International Commercial Arbitration
 
  1. Party Autonomy

  2. Non Signatories (jurisdiction ratione personae) 

  3. Separability

  4. Competence-Competence

  5. Territorial Principle 

  6. Expert witness 

  7. Confidentiality and Privacy 

 

Unit-2
Teaching Hours:15
UNIT 2: The Principles and Practice Of Law In International Commercial Arbitration
 
  1. Party Autonomy

  2. Non Signatories (jurisdiction ratione personae) 

  3. Separability

  4. Competence-Competence

  5. Territorial Principle 

  6. Expert witness 

  7. Confidentiality and Privacy 

 

Unit-2
Teaching Hours:15
UNIT 2: The Principles and Practice Of Law In International Commercial Arbitration
 
  1. Party Autonomy

  2. Non Signatories (jurisdiction ratione personae) 

  3. Separability

  4. Competence-Competence

  5. Territorial Principle 

  6. Expert witness 

  7. Confidentiality and Privacy 

 

Unit-3
Teaching Hours:15
UNIT 3: The Arbitration Agreement & The Law Governing the Arbitration
 

 

  1. Arbitration Agreement- requirements in ACA, 1996, New York Convention & UNCITRAL

  2. The Presumptive approach to construction of arbitration agreement

  3. Formal requirement for validity

  4. Substantive requirements for validity

  5. The Law Governing the Arbitral Proceedings 

  6. The Law Governing the Arbitration Agreement 

  7. The Law Governing Arbitrability 

  8. Renvoi Ex Aequo et Bono and Amiable Compositeur

Unit-3
Teaching Hours:15
UNIT 3: The Arbitration Agreement & The Law Governing the Arbitration
 

 

  1. Arbitration Agreement- requirements in ACA, 1996, New York Convention & UNCITRAL

  2. The Presumptive approach to construction of arbitration agreement

  3. Formal requirement for validity

  4. Substantive requirements for validity

  5. The Law Governing the Arbitral Proceedings 

  6. The Law Governing the Arbitration Agreement 

  7. The Law Governing Arbitrability 

  8. Renvoi Ex Aequo et Bono and Amiable Compositeur

Unit-3
Teaching Hours:15
UNIT 3: The Arbitration Agreement & The Law Governing the Arbitration
 

 

  1. Arbitration Agreement- requirements in ACA, 1996, New York Convention & UNCITRAL

  2. The Presumptive approach to construction of arbitration agreement

  3. Formal requirement for validity

  4. Substantive requirements for validity

  5. The Law Governing the Arbitral Proceedings 

  6. The Law Governing the Arbitration Agreement 

  7. The Law Governing Arbitrability 

  8. Renvoi Ex Aequo et Bono and Amiable Compositeur

Unit-3
Teaching Hours:15
UNIT 3: The Arbitration Agreement & The Law Governing the Arbitration
 

 

  1. Arbitration Agreement- requirements in ACA, 1996, New York Convention & UNCITRAL

  2. The Presumptive approach to construction of arbitration agreement

  3. Formal requirement for validity

  4. Substantive requirements for validity

  5. The Law Governing the Arbitral Proceedings 

  6. The Law Governing the Arbitration Agreement 

  7. The Law Governing Arbitrability 

  8. Renvoi Ex Aequo et Bono and Amiable Compositeur

Unit-4
Teaching Hours:10
UNIT 4:Arbitrator Ordered and Court Ordered Interim Measures In International Commercial Arbitration
 

 

 

  1. The Contours of ‘Interim Measures’

  2. Interim Measures Before Arbitration Proceedings

  3. Interim Measures During and after Arbitration Proceedings

  4. Interim Measures in Foreign Seated Arbitrations

  5. Anti-Suit and Anti-Arbitration Injunctions

  6. Enforcement of Interim Measures

Unit-4
Teaching Hours:10
UNIT 4:Arbitrator Ordered and Court Ordered Interim Measures In International Commercial Arbitration
 

 

 

  1. The Contours of ‘Interim Measures’

  2. Interim Measures Before Arbitration Proceedings

  3. Interim Measures During and after Arbitration Proceedings

  4. Interim Measures in Foreign Seated Arbitrations

  5. Anti-Suit and Anti-Arbitration Injunctions

  6. Enforcement of Interim Measures

Unit-4
Teaching Hours:10
UNIT 4:Arbitrator Ordered and Court Ordered Interim Measures In International Commercial Arbitration
 

 

 

  1. The Contours of ‘Interim Measures’

  2. Interim Measures Before Arbitration Proceedings

  3. Interim Measures During and after Arbitration Proceedings

  4. Interim Measures in Foreign Seated Arbitrations

  5. Anti-Suit and Anti-Arbitration Injunctions

  6. Enforcement of Interim Measures

Unit-4
Teaching Hours:10
UNIT 4:Arbitrator Ordered and Court Ordered Interim Measures In International Commercial Arbitration
 

 

 

  1. The Contours of ‘Interim Measures’

  2. Interim Measures Before Arbitration Proceedings

  3. Interim Measures During and after Arbitration Proceedings

  4. Interim Measures in Foreign Seated Arbitrations

  5. Anti-Suit and Anti-Arbitration Injunctions

  6. Enforcement of Interim Measures

Unit-5
Teaching Hours:10
UNIT 5: Recognition and Enforcement Of Foreign Arbitral Awards
 
  1. Types of arbitral awards

  2. Formal requirements for an arbitral award

  3. Setting Aside the awards

 

Unit-5
Teaching Hours:10
UNIT 5: Recognition and Enforcement Of Foreign Arbitral Awards
 
  1. Types of arbitral awards

  2. Formal requirements for an arbitral award

  3. Setting Aside the awards

 

Unit-5
Teaching Hours:10
UNIT 5: Recognition and Enforcement Of Foreign Arbitral Awards
 
  1. Types of arbitral awards

  2. Formal requirements for an arbitral award

  3. Setting Aside the awards

 

Unit-5
Teaching Hours:10
UNIT 5: Recognition and Enforcement Of Foreign Arbitral Awards
 
  1. Types of arbitral awards

  2. Formal requirements for an arbitral award

  3. Setting Aside the awards

 

Text Books And Reference Books:
  1. Gary B. Born, International Commercial Arbitration, (2014) Kluwer Law International.
  2. Greenberg, et al, International Commercial Arbitration: An Asia Pacific Perspective, (2011) Cambridge University Press.
  3. Lew, Mistelis, et al, Comparative International Commercial Arbitration, (2003) Kluwer Law International.
  4. Margaret L. Moses, The Principles and Practice of International Commercial Arbitration, (2012) Cambridge University Press.
  5. Markanda, et al, Law Relating to Arbitration and Conciliation, (2013) Lexis Nexis Butterworths Wadhwa.
  6. Mustil Michael, Commercial Arbitration, (1989) Lexis Nexis Butterworths.
  7. Port, Otto, et al, Recognition and Enforcement of Foreign Arbitral Awards: Global Commentary on the New York Convention, (2010) Kluwer Law International.
  8. Redfern, Hunter, et al, Law and Practice of International Commercial Arbitration, (2004), Sweet and Maxwell.
  9. Redfern, Hunter, et al, Redfern and Hunter on International Arbitration, (2009) Oxford University Press.
  10. Savage, Gaillard (eds), Fouchard Gaillard Goldman on International Commercial Arbitration, (1999) Kluwer Law International.
  11. Sethi, Gupta, et al, Indian Commercial Arbitration and its perspective, (2011) Universal Law Publishing.

 

Essential Reading / Recommended Reading
  1. Redfern, Hunter, et al, Redfern and Hunter on International Arbitration, (2009) Oxford University Press.
Evaluation Pattern

There are 8 components in the scheme of evaluation. Weightage for the components is indicated below in marks. 

 

Sl.No. 

Which Session 

Type of assessment

Max. Marks 

 

Session- 3

MCQ

10 MARKS

 

Sessions 9 - 13

  • Student Panel Discussion  & 


  • Reflective Journal

  30 MARKS

 

Sessions 17 - 19

  • Presentation of SAMPLE arbitration clauses that demonstrate party autonomy


  • Class participation 

    5 MARKS

 

Session - 35 

Application Question- take home assignment



  10 MARKS

 

Session - 40

Drafting an AA

& Presentation 


Review of the draft after expert lecture

  

  10 MARKS



  5 MARKS

 

Session - 49

    GD

5 MARKS 

 

Session - 54 & 55

Interview a commercial court judge: & document it. 

10 MARKS 

 

Session 60

Drafting an Arbitral award

15 MARKS 

                                  TOTAL = 100 MARKS

LAW986C - LAW AND WITNESS PSYCHOLOGY (2020 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

Course description

 

The interface of psychology and law is broad and multifaceted. The purpose of this course is to introduce the students to application of psychology to the legal system. Specifically, we will examine how research from psychology contributes to a better understanding of forensic and legal issues including eyewitness testimony, criminal profiling, risk assessment, psychopathy, law enforcement interrogation tactics, jury selection, and criminal sentencing, etc. The course will also discuss the myriad of psychologists' roles in forensic settings.Unit 1 deals with the introduction to the relationship between law and psychology and it's many facets. Unit 2 deals with the key issues related to eyewitnesses. Unit 3 deals with the legal and psychological aspects of children as witnesses. Unit 4 deals with the development of the court system. Unit 5 deals with the evolution of psychologists as expert witnesses in the legal field. Unit 6 deals with the study of various witness recognition procedures.

 

Course objectives

The course is designed with the following objectives –

 

  1. To explain the multifaceted relationship between psychology and the legal system, detailing how psychological research informs forensic and legal issues such as eyewitness testimony, criminal profiling, and psychopathy. 

  2. To examine and differentiate the psychological and legal aspects of key forensic issues, including the reliability of eyewitness testimony, the techniques used in criminal profiling, and the implications of psychopathy in criminal behavior. 

  3. To critically assess various law enforcement interrogation tactics, jury selection processes, and criminal sentencing practices using psychological principles and research findings.

  4. To demonstrate the application of psychological principles to real-world legal settings by analyzing case studies and formulating strategies for effective risk assessment, eyewitness identification, and witness recognition procedures.

  5. To investigate the evolution of psychologists' roles as expert witnesses in the legal field, evaluating their impact on legal proceedings and their adherence to best practices and ethical considerations in forensic psychology.

Learning Outcome

CO1: Analyse the application of psychological principles to the legal system.

CO2: List out the current state of scientific literature awareness in forensic psychology.

CO3: Analyse the appropriateness of psychological research and methods in various arenas of forensic psychology.

CO4: Identify the dialectical relationship between the fields of psychology and law as related to prevailing morals, ethics and legal statutes.

Unit-1
Teaching Hours:10
Introduction
 

Unit 1 deals with the introduction to the relationship between law and psychology and it's many facets.

  • Development of the psycho legal field 
  • Interplay between law and psychology
  • Bridging the gap between psychology and law: challenges and difficulties 
  • Psychology and law in India 
  • SC on law and psychology 
  • Criminal profiling

 

Unit-1
Teaching Hours:10
Introduction
 

Unit 1 deals with the introduction to the relationship between law and psychology and it's many facets.

  • Development of the psycho legal field 
  • Interplay between law and psychology
  • Bridging the gap between psychology and law: challenges and difficulties 
  • Psychology and law in India 
  • SC on law and psychology 
  • Criminal profiling

 

Unit-2
Teaching Hours:10
Eyewitnesses
 

Unit 2 deals with the key issues related to eyewitnesses.

  •  Key Issues and Event Characteristics
  •  Law of evidence
  •  Legal aspects of eyewitness testimony
  •  Characteristics of human attention, perception and memory
  •  Eyewitness testimony research: methodological considerations
  •  Variables in the study of eyewitness memory
  •  Variables that impact on eyewitnesses’ testimony accuracy 
  •  The Perpetrator and Interviewing
  •  Witness characteristics
  •  Perpetrator variables, Interrogational variables
  •  Misinformation due to source monitoring error
  •  Repressed or false-memory syndrome 
  •  Interviewing eyewitnesses effectively

 

Unit-2
Teaching Hours:10
Eyewitnesses
 

Unit 2 deals with the key issues related to eyewitnesses.

  •  Key Issues and Event Characteristics
  •  Law of evidence
  •  Legal aspects of eyewitness testimony
  •  Characteristics of human attention, perception and memory
  •  Eyewitness testimony research: methodological considerations
  •  Variables in the study of eyewitness memory
  •  Variables that impact on eyewitnesses’ testimony accuracy 
  •  The Perpetrator and Interviewing
  •  Witness characteristics
  •  Perpetrator variables, Interrogational variables
  •  Misinformation due to source monitoring error
  •  Repressed or false-memory syndrome 
  •  Interviewing eyewitnesses effectively

 

Unit-3
Teaching Hours:10
Children as Witnesses
 

Unit 3 deals with the legal and psychological aspects of children as witnesses.

  • Juvenile Justice
  • Legal aspects of children as witnesses 
  • Evaluations of the ‘live link’/closed-circuit television 
  • Child witnesses and popular beliefs about them 
  • Children’s remembering ability 
  • Deception in children
  • Factors that impact on children’s testimony  - Enhancing children’s testimony 
  • Interviewing children in sexual abuse cases  
  • Body maps and interviewing children

 

Unit-3
Teaching Hours:10
Children as Witnesses
 

Unit 3 deals with the legal and psychological aspects of children as witnesses.

  • Juvenile Justice
  • Legal aspects of children as witnesses 
  • Evaluations of the ‘live link’/closed-circuit television 
  • Child witnesses and popular beliefs about them 
  • Children’s remembering ability 
  • Deception in children
  • Factors that impact on children’s testimony  - Enhancing children’s testimony 
  • Interviewing children in sexual abuse cases  
  • Body maps and interviewing children

 

Unit-4
Teaching Hours:10
Courts
 

Unit 4 deals with the development of the court system.

  • Court system - historical background
  •  The notion of an impartial and fair jury: a critical appraisal  
  •  Methods for studying juries/jurors/judges 
  •  Defendant characteristics
  •  Victim/plaintiff characteristics
  •  Interaction of defendant and victim characteristics
  •  Lawyer and judge characteristics 
  •  Sentencing as a Human Process, Victims, and Restorative Justice
  •  Disparities in sentencing - Studying variations in sentencing 
  •  Some extralegal factors that influence sentences 
  •  Models of judicial decision-making -  Victims -  Restorative justice

 

Unit-4
Teaching Hours:10
Courts
 

Unit 4 deals with the development of the court system.

  • Court system - historical background
  •  The notion of an impartial and fair jury: a critical appraisal  
  •  Methods for studying juries/jurors/judges 
  •  Defendant characteristics
  •  Victim/plaintiff characteristics
  •  Interaction of defendant and victim characteristics
  •  Lawyer and judge characteristics 
  •  Sentencing as a Human Process, Victims, and Restorative Justice
  •  Disparities in sentencing - Studying variations in sentencing 
  •  Some extralegal factors that influence sentences 
  •  Models of judicial decision-making -  Victims -  Restorative justice

 

Unit-5
Teaching Hours:10
The Psychologists as Expert Witnesses
 

Unit 5 deals with the evolution of psychologists as expert witnesses in the legal field. 

  • Rules for admitting expert evidence 
  • SC on expert witnesses
  • Comparative Analysis - United States, England and Wales, Australia, Canada 
  • The impact of expert testimony by psychologists 
  • Appearing as expert witnesses 
  • Detecting Deception
    • Paper-and-pencil test
    • The social psychological approach
    • Paradigms used to study deception-detection
    • Deception-detection accuracy
    • Expert lie-detectors: how accurate?
    • Computerised lie-detection
    • Physiological and neurological correlates of deception
    • Brainwaves as indicators of deceitful communication
    • Stylometry
    • Statement reality/validity analysis (SVA)
  • Reality monitoring
  • Scientific content analysis 

 

Unit-5
Teaching Hours:10
The Psychologists as Expert Witnesses
 

Unit 5 deals with the evolution of psychologists as expert witnesses in the legal field. 

  • Rules for admitting expert evidence 
  • SC on expert witnesses
  • Comparative Analysis - United States, England and Wales, Australia, Canada 
  • The impact of expert testimony by psychologists 
  • Appearing as expert witnesses 
  • Detecting Deception
    • Paper-and-pencil test
    • The social psychological approach
    • Paradigms used to study deception-detection
    • Deception-detection accuracy
    • Expert lie-detectors: how accurate?
    • Computerised lie-detection
    • Physiological and neurological correlates of deception
    • Brainwaves as indicators of deceitful communication
    • Stylometry
    • Statement reality/validity analysis (SVA)
  • Reality monitoring
  • Scientific content analysis 

 

Unit-6
Teaching Hours:10
Witness Recognition Procedures
 

Unit 6 deals with the study of various witness recognition procedures.

  • Identification test medium
  •  Person identification from photographs
  •  Show-ups/witness confrontations
  •  Group identification 
    • Identification parades/line-ups
    • Identification from video footage and CCTV
    • Facial composites
    • Voice identification 
  • Psychology and the Police – Introduction
  • Selection - Predicting success within the force
  • Encounters with the public - Prejudice and discrimination
  • Questioning suspects
  • False confessions
  • Profiling offenders 
  • Psychology of terrorism

 

Unit-6
Teaching Hours:10
Witness Recognition Procedures
 

Unit 6 deals with the study of various witness recognition procedures.

  • Identification test medium
  •  Person identification from photographs
  •  Show-ups/witness confrontations
  •  Group identification 
    • Identification parades/line-ups
    • Identification from video footage and CCTV
    • Facial composites
    • Voice identification 
  • Psychology and the Police – Introduction
  • Selection - Predicting success within the force
  • Encounters with the public - Prejudice and discrimination
  • Questioning suspects
  • False confessions
  • Profiling offenders 
  • Psychology of terrorism

 

Text Books And Reference Books:

 

Essential References:

  1. James Marshall, Law and Psychology in conflict

  2. Michael D.A Freeman, Law and Psychology

  3. Kapardis, Psychology and Law: A critical Introduction

  4. The Psychology of Law: Human Behavior, Legal Institutions, and Law by Bruce D. Sales, Daniel W. Shuman, and Katherine M. Carpenter

  5. Minds on Trial: Great Cases in Law and Psychology by Charles Patrick Ewing and Joseph T. McCann

Essential Reading / Recommended Reading

Additional Reading

 

  1. Forensic Psychology: Emerging Topics and Expanding Roles edited by Alan M. Goldstein and Naomi E. Sevin Goldstein

  2. The Psychology of Criminal Conduct by Ronald Blackburn

Evaluation Pattern

 

S. No.

Component

Percentage

1

CIA I – Class Test / Assignment / Presentation  

10%

2

CIA II – Mid Semester Examination     

25%

3

CIA III – Research Topic

10%

4

Attendance

5%

5

End Semester Examination   

50%

 

TOTAL

100%

LAW986D - LAW OF PATENTS AND DESIGNS (2020 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

In this course, the students will study the legal protections for inventions available under the Patents Act, 1970 and for designs under the Designs Act, 2000. The students will follow a life cycle approach to studying patents, beginning with patentability requirements, then the rights conferred once a patent is granted, followed by conduct that infringes those rights and defenses to infringement, and closing with remedies. Parallelly, starting from the designs eligible for registration, then application and registration process, proprietorship/authorship to restoration of lapsed designs followed by protection against piracy of registered designs.. 

Learning Outcome

CO1: Explain and distinguish various key concepts under the Indian patents and designs law

CO2: Identify the criteria for patentability and registration of designs

CO3: Understand the procedure for grant of patents and of registration designs

CO4: Delineate the rights of the patent holder and copyright holder of designs

CO5: Identify infringement or potential infringement of patent and design and considerations relating licensing patents including available remedies.

CO6: Identify piracy in registered designs and remedial measures

Unit-1
Teaching Hours:12
INTERNATIONAL AND INDIAN REGIMES OF PATENTS & DESIGNS
 

1.1 Concept and Origin of Patent system in International

1.2 TRIPS – and Indian regime

1.3 Legal basis of Patent Protection

1.4 Evolution of Patent Law in India

1.5 Concept and Origin of Industrial Designs – Evolution

1.6 TRIPS – Legal protection in India

Unit-1
Teaching Hours:12
INTERNATIONAL AND INDIAN REGIMES OF PATENTS & DESIGNS
 

1.1 Concept and Origin of Patent system in International

1.2 TRIPS – and Indian regime

1.3 Legal basis of Patent Protection

1.4 Evolution of Patent Law in India

1.5 Concept and Origin of Industrial Designs – Evolution

1.6 TRIPS – Legal protection in India

Unit-1
Teaching Hours:12
INTERNATIONAL AND INDIAN REGIMES OF PATENTS & DESIGNS
 

1.1 Concept and Origin of Patent system in International

1.2 TRIPS – and Indian regime

1.3 Legal basis of Patent Protection

1.4 Evolution of Patent Law in India

1.5 Concept and Origin of Industrial Designs – Evolution

1.6 TRIPS – Legal protection in India

Unit-1
Teaching Hours:12
INTERNATIONAL AND INDIAN REGIMES OF PATENTS & DESIGNS
 

1.1 Concept and Origin of Patent system in International

1.2 TRIPS – and Indian regime

1.3 Legal basis of Patent Protection

1.4 Evolution of Patent Law in India

1.5 Concept and Origin of Industrial Designs – Evolution

1.6 TRIPS – Legal protection in India

Unit-2
Teaching Hours:12
SUBJECT MATTER AND ELIGIBILITY
 

o Patentable Inventions

o Process and Product; Tests

o Inventions not patentable

o Industrial Designs – Subject matter of Design – Eligibility

Unit-2
Teaching Hours:12
SUBJECT MATTER AND ELIGIBILITY
 

o Patentable Inventions

o Process and Product; Tests

o Inventions not patentable

o Industrial Designs – Subject matter of Design – Eligibility

Unit-2
Teaching Hours:12
SUBJECT MATTER AND ELIGIBILITY
 

o Patentable Inventions

o Process and Product; Tests

o Inventions not patentable

o Industrial Designs – Subject matter of Design – Eligibility

Unit-2
Teaching Hours:12
SUBJECT MATTER AND ELIGIBILITY
 

o Patentable Inventions

o Process and Product; Tests

o Inventions not patentable

o Industrial Designs – Subject matter of Design – Eligibility

Unit-3
Teaching Hours:12
PROCESS & PROCEDURE
 

1.1 Process of Obtaining a Patent

1.2 Application – Examination – Acceptance – Opposition (Pre & ; Post Grant) – Sealing of Patents

1.3 Preservation of Patents – Documentation – Register of Patents

1.4 Procedure for registration of Design: Application, Registration; Publication

1.5 Substitution of Application and Cancellation – Register of Designs

Unit-3
Teaching Hours:12
PROCESS & PROCEDURE
 

1.1 Process of Obtaining a Patent

1.2 Application – Examination – Acceptance – Opposition (Pre & ; Post Grant) – Sealing of Patents

1.3 Preservation of Patents – Documentation – Register of Patents

1.4 Procedure for registration of Design: Application, Registration; Publication

1.5 Substitution of Application and Cancellation – Register of Designs

Unit-3
Teaching Hours:12
PROCESS & PROCEDURE
 

1.1 Process of Obtaining a Patent

1.2 Application – Examination – Acceptance – Opposition (Pre & ; Post Grant) – Sealing of Patents

1.3 Preservation of Patents – Documentation – Register of Patents

1.4 Procedure for registration of Design: Application, Registration; Publication

1.5 Substitution of Application and Cancellation – Register of Designs

Unit-3
Teaching Hours:12
PROCESS & PROCEDURE
 

1.1 Process of Obtaining a Patent

1.2 Application – Examination – Acceptance – Opposition (Pre & ; Post Grant) – Sealing of Patents

1.3 Preservation of Patents – Documentation – Register of Patents

1.4 Procedure for registration of Design: Application, Registration; Publication

1.5 Substitution of Application and Cancellation – Register of Designs

Unit-4
Teaching Hours:12
RIGHTS AND OBLIGATIONS
 

a. Duration of Patents

b. Rights of Patentee

c. Limitation of rights

d. Use and exercise Rights

e. Right to Secrecy

f. Compulsory Licenses – Special Categories

g. Duration of Design rights

h. Rights in Industrial Designs:

i. Nature and Acquisition; Lapsed designs; restoration

Unit-4
Teaching Hours:12
RIGHTS AND OBLIGATIONS
 

a. Duration of Patents

b. Rights of Patentee

c. Limitation of rights

d. Use and exercise Rights

e. Right to Secrecy

f. Compulsory Licenses – Special Categories

g. Duration of Design rights

h. Rights in Industrial Designs:

i. Nature and Acquisition; Lapsed designs; restoration

Unit-4
Teaching Hours:12
RIGHTS AND OBLIGATIONS
 

a. Duration of Patents

b. Rights of Patentee

c. Limitation of rights

d. Use and exercise Rights

e. Right to Secrecy

f. Compulsory Licenses – Special Categories

g. Duration of Design rights

h. Rights in Industrial Designs:

i. Nature and Acquisition; Lapsed designs; restoration

Unit-4
Teaching Hours:12
RIGHTS AND OBLIGATIONS
 

a. Duration of Patents

b. Rights of Patentee

c. Limitation of rights

d. Use and exercise Rights

e. Right to Secrecy

f. Compulsory Licenses – Special Categories

g. Duration of Design rights

h. Rights in Industrial Designs:

i. Nature and Acquisition; Lapsed designs; restoration

Unit-5
Teaching Hours:12
PROTECTION AND ENFORCEMENT MECHANISM
 

a. Infringement of Patent: Criteria; Modes; Onus of Proof

b. Defenses in infringement suit

c. Injunctions and related remedies

d. Piracy of Registered Design: Remedies; Exceptions

Unit-5
Teaching Hours:12
PROTECTION AND ENFORCEMENT MECHANISM
 

a. Infringement of Patent: Criteria; Modes; Onus of Proof

b. Defenses in infringement suit

c. Injunctions and related remedies

d. Piracy of Registered Design: Remedies; Exceptions

Unit-5
Teaching Hours:12
PROTECTION AND ENFORCEMENT MECHANISM
 

a. Infringement of Patent: Criteria; Modes; Onus of Proof

b. Defenses in infringement suit

c. Injunctions and related remedies

d. Piracy of Registered Design: Remedies; Exceptions

Unit-5
Teaching Hours:12
PROTECTION AND ENFORCEMENT MECHANISM
 

a. Infringement of Patent: Criteria; Modes; Onus of Proof

b. Defenses in infringement suit

c. Injunctions and related remedies

d. Piracy of Registered Design: Remedies; Exceptions

Text Books And Reference Books:

1. Warrier, Vishnu S., Understanding Patent Law, LexisNexis, 2016

2. Waugh, Andrew et al., Terrell on the Law of Patents, 19th Edition, Sweet & Maxwell, 2020

3. Kalyan Kankanala, Indian Patent Law and Practice, OUP 2010

4. MB Rao, Patent Law in India, Kluwer Law Internationa, 2010

5. Ashwani Kumar Bansal, Design Law, Universal Law Publishing, 2012

Essential Reading / Recommended Reading

1. Cornish et al., Intellectual Property, 10th ed Sweet & Maxwell, 2023

2. Mathew Fisher, Fundamenatl of Patent Law, 1st ed., hart Publishing, 2007

3. Ghosh, Eashan., The Finished Article: Essays on Indian Designs Law, Thomson Reuters, 2022

4. Miller, Joseph Scott (ed)., Patents: Critical Concepts in Intellectual Property Law, Edward Elgar Publishing Ltd., 2010 

5. Wadehra, D L., Law Relating to Intellectual Property, Universal Law Publishing Co.,

 

Evaluation Pattern

CIA I – Class Test / Assignment / Presentation – 10%

CIA II – Mid Semester Examination – 25%

CIA III – Research Topic – 10%

Attendance – 05%

End Semester Examination – 50%

TOTAL 100%

LAW986E - LAW OF EXECUTION (2020 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

Adjudication of dispute in favour of litigant in itself does not mean complete discharge of justice. The benefits given under the adjudication must reach the litigant. Execution is the most important aspect of civil justice. This course on law of execution of decree and orders of court in civil jurisprudence is aimed at providing a thorough understanding of the procedure to execute a decree contained in Order XXI of Code of Civil Procedure. The objective is to ensure an understanding on the powers and limitations of an executing court in deciding issues related to discharge and satisfaction of a decree; to provide detailed procedural steps to be followed by the decree-holder while applying for execution; to enable students to understand different modes of execution and select the most effective mode for particular decrees; to learn the procedure to execute foreign judgment and arbitral award; to enable students to apply the procedural provisions in drafting application for execution of various kinds of decrees and further to equip students with the analytical skill of raising plausible objections, identifying alternate remedies and identifying the consequences of specific modes of execution in terms of their limitations and effectiveness.

Learning Outcome

CO1: to get to understand the practical application of the procedure of execution of decree in civil courts

CO2: to identify all the necessary clauses to be included in an application for execution and determine whether a particular dispute can be decided by the executing court

CO3: to analyse the limitations and consequences of each mode of execution and to identify the most suitable mode of execution for a particular kind of decree out of arrest and detention, attachment of property, sale of property etc.

CO4: to analyse an execution application to raise effective objections to the same, find alternate modes or remedies for the judgment-debtor also.

CO5: to distinguish between the execution procedure for decrees by Indian courts and execution of foreign judgment and arbitral awards in India

CO6: to apply and incorporate the provisions relating to execution in CPC to draft execution applications and objections

Unit-1
Teaching Hours:10
INTRODUCTION
 

Definitions-Decree,order, judgment; Kinds of decrees/orders that can be executed and cannot be executed; Transfer of decree for execution; Powers of executing court; Questions to be determined by executing court

Unit-1
Teaching Hours:10
INTRODUCTION
 

Definitions-Decree,order, judgment; Kinds of decrees/orders that can be executed and cannot be executed; Transfer of decree for execution; Powers of executing court; Questions to be determined by executing court

Unit-2
Teaching Hours:10
PROCEDURE
 

Execution against public officers- Execution by or against legal representatives -Caveat-Inherent powers-Application for execution- Process for execution – Execution of cross-decrees – Stay of execution

Unit-2
Teaching Hours:10
PROCEDURE
 

Execution against public officers- Execution by or against legal representatives -Caveat-Inherent powers-Application for execution- Process for execution – Execution of cross-decrees – Stay of execution

Unit-3
Teaching Hours:20
MODES OF EXECUTION OF DECREE
 

Delivery of property – Payment of money – Restitution of conjugal rights – Specific performance of contract - Arrest and detention in civil prison-Attachment- Garnishee orders-Adjudication of claims & objections to attachment - Determination of attachment- Sale of property

Unit-3
Teaching Hours:20
MODES OF EXECUTION OF DECREE
 

Delivery of property – Payment of money – Restitution of conjugal rights – Specific performance of contract - Arrest and detention in civil prison-Attachment- Garnishee orders-Adjudication of claims & objections to attachment - Determination of attachment- Sale of property

Unit-4
Teaching Hours:5
APPEAL & REVISION
 

Appeal-Second Appeal- Revision

Unit-4
Teaching Hours:5
APPEAL & REVISION
 

Appeal-Second Appeal- Revision

Unit-5
Teaching Hours:10
INJUNCTION AND OTHER DECREES
 

Injunction –Execution of foreign judgment – Execution of arbitral awards

Unit-5
Teaching Hours:10
INJUNCTION AND OTHER DECREES
 

Injunction –Execution of foreign judgment – Execution of arbitral awards

Unit-6
Teaching Hours:5
LIMITATION & RESISTANCE TO EXECUTION
 

Limitation for satisfaction of decree-Resistance/Obstruction to execution

Unit-6
Teaching Hours:5
LIMITATION & RESISTANCE TO EXECUTION
 

Limitation for satisfaction of decree-Resistance/Obstruction to execution

Text Books And Reference Books:

Sir Woodroff & Ameer Ali’s Law on Execution of Decrees and Orders, Delhi Law House, 5th edn., 2019 (reprint 2022)

1.       Y.P Bhagat., Law of Execution Proceedings: Universal publishers, 1st edn., 2016

Mallick M. R. (Ed.). B. B. Mitra on Limitation Act. Lucknow: Eastern Book Co., 23rd edn., 2014 (reprint 2023)

Essential Reading / Recommended Reading

Kant Mani., Lawmann’s Law on Execution of Decrees & Orders: Kamal Publishers, 2nd edn., 2023

Mulla. Code of Civil Procedure. New Delhi: Universal Publishing Co., 20th edn., 2021

Thacker, C. K. Code of Civil Procedure. New Delhi: Universal Publishing Co., 2014.

Evaluation Pattern

·       CIA I – MCQ / Case analysis Assignment                      – 10%

·       CIA II – Mid Semester Examination                                – 25%

·       CIA III – Drafting Exercise                                                – 10%

·       Attendance                                                                            – 05%

·       End Semester Examination                                                – 50%

                                                                               TOTAL 100%

LAW1071 - MOOT COURT AND INTERNSHIP (2020 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

 Unit 1 is designed to provide the necessary feel of the court room environment to the students by arranging moot courts. Unit 2 aims at taking the students to Courts, periodically, to witness first-hand the judicial proceedings. Unit 3 provides an opportunity to the students to visit the Lawyers' Chambers regularly and acquaint themselves with the techniques of client interviewing. Unit 4 is a culmination of the above three in the form of viva voce.

Course Objectives : 

  1. To introduce the students to the practical aspects of the profession by organizing moot courts and sending them to courts for a personal experience of the functioning of courts.
  2. To enable stutents  to obtain a first-hand information of the practicalities of the working of courts.

Learning Outcome

CO1: A student will be able to prepare arguments and case briefs for the given legal problem by applying the appropriate law at the national and local levels.

CO2: A student will be able to analyze the case law and demonstrate legal argumentation by presenting them in a concise manner.

CO3: A student will be able to compose and compile the legal documents in an organized manner.

CO4: A student will be able to demonstrate knowledge of court procedures and mannerisms.

CO5: A student will be able to employ the techniques of client interviewing.

CO6: A student will be able to observe courtroom demeanour and client counselling.

UNIT 1
Teaching Hours:20
MOOT COURT
 

Every student is required to present argument in at least three moot courts in the semester. The moot court problem will be assigned to the student by the course teacher and the student will be required to make a written submission for 5 marks and also make oral submission for 5 marks.

UNIT 1
Teaching Hours:20
MOOT COURT
 

Every student is required to present argument in at least three moot courts in the semester. The moot court problem will be assigned to the student by the course teacher and the student will be required to make a written submission for 5 marks and also make oral submission for 5 marks.

UNIT 1
Teaching Hours:20
MOOT COURT
 

Every student is required to present argument in at least three moot courts in the semester. The moot court problem will be assigned to the student by the course teacher and the student will be required to make a written submission for 5 marks and also make oral submission for 5 marks.

UNIT 1
Teaching Hours:20
MOOT COURT
 

Every student is required to present argument in at least three moot courts in the semester. The moot court problem will be assigned to the student by the course teacher and the student will be required to make a written submission for 5 marks and also make oral submission for 5 marks.

UNIT 1
Teaching Hours:20
MOOT COURT
 

Every student is required to present argument in at least three moot courts in the semester. The moot court problem will be assigned to the student by the course teacher and the student will be required to make a written submission for 5 marks and also make oral submission for 5 marks.

UNIT 1
Teaching Hours:20
MOOT COURT
 

Every student is required to present argument in at least three moot courts in the semester. The moot court problem will be assigned to the student by the course teacher and the student will be required to make a written submission for 5 marks and also make oral submission for 5 marks.

UNIT 2
Teaching Hours:10
COURT ATTENDANCE, INTERVIEWING TECHNIQUES, PRE-TRIAL PREPARATIONS
 

Students will also get a practical exposure to the techniques of client interviewing and the substantive as well as procedural steps involved in preparation of a brief by lawyers.

Student are required to attend two trials, one civil and one criminal, in the course of last year of the course. They are required to maintain a record and enter the various steps observed by them during their attendance on different days in the court assignment. Records maintained in respect of each trial will be valued for 10 marks.

Each student will observe two interviewing sessions of clients at a lawyer’s office or at the Legal Aid Office and record the proceedings in a diary, which will carry 5 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 5 marks.

UNIT 2
Teaching Hours:10
COURT ATTENDANCE, INTERVIEWING TECHNIQUES, PRE-TRIAL PREPARATIONS
 

Students will also get a practical exposure to the techniques of client interviewing and the substantive as well as procedural steps involved in preparation of a brief by lawyers.

Student are required to attend two trials, one civil and one criminal, in the course of last year of the course. They are required to maintain a record and enter the various steps observed by them during their attendance on different days in the court assignment. Records maintained in respect of each trial will be valued for 10 marks.

Each student will observe two interviewing sessions of clients at a lawyer’s office or at the Legal Aid Office and record the proceedings in a diary, which will carry 5 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 5 marks.

UNIT 2
Teaching Hours:10
COURT ATTENDANCE, INTERVIEWING TECHNIQUES, PRE-TRIAL PREPARATIONS
 

Students will also get a practical exposure to the techniques of client interviewing and the substantive as well as procedural steps involved in preparation of a brief by lawyers.

Student are required to attend two trials, one civil and one criminal, in the course of last year of the course. They are required to maintain a record and enter the various steps observed by them during their attendance on different days in the court assignment. Records maintained in respect of each trial will be valued for 10 marks.

Each student will observe two interviewing sessions of clients at a lawyer’s office or at the Legal Aid Office and record the proceedings in a diary, which will carry 5 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 5 marks.

UNIT 2
Teaching Hours:10
COURT ATTENDANCE, INTERVIEWING TECHNIQUES, PRE-TRIAL PREPARATIONS
 

Students will also get a practical exposure to the techniques of client interviewing and the substantive as well as procedural steps involved in preparation of a brief by lawyers.

Student are required to attend two trials, one civil and one criminal, in the course of last year of the course. They are required to maintain a record and enter the various steps observed by them during their attendance on different days in the court assignment. Records maintained in respect of each trial will be valued for 10 marks.

Each student will observe two interviewing sessions of clients at a lawyer’s office or at the Legal Aid Office and record the proceedings in a diary, which will carry 5 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 5 marks.

UNIT 2
Teaching Hours:10
COURT ATTENDANCE, INTERVIEWING TECHNIQUES, PRE-TRIAL PREPARATIONS
 

Students will also get a practical exposure to the techniques of client interviewing and the substantive as well as procedural steps involved in preparation of a brief by lawyers.

Student are required to attend two trials, one civil and one criminal, in the course of last year of the course. They are required to maintain a record and enter the various steps observed by them during their attendance on different days in the court assignment. Records maintained in respect of each trial will be valued for 10 marks.

Each student will observe two interviewing sessions of clients at a lawyer’s office or at the Legal Aid Office and record the proceedings in a diary, which will carry 5 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 5 marks.

UNIT 2
Teaching Hours:10
COURT ATTENDANCE, INTERVIEWING TECHNIQUES, PRE-TRIAL PREPARATIONS
 

Students will also get a practical exposure to the techniques of client interviewing and the substantive as well as procedural steps involved in preparation of a brief by lawyers.

Student are required to attend two trials, one civil and one criminal, in the course of last year of the course. They are required to maintain a record and enter the various steps observed by them during their attendance on different days in the court assignment. Records maintained in respect of each trial will be valued for 10 marks.

Each student will observe two interviewing sessions of clients at a lawyer’s office or at the Legal Aid Office and record the proceedings in a diary, which will carry 5 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 5 marks.

UNIT 3
Teaching Hours:10
INTERNSHIP
 

Students will have practical experience of the professional aspects of the subjects they have studied  [40marks]

UNIT 3
Teaching Hours:10
INTERNSHIP
 

Students will have practical experience of the professional aspects of the subjects they have studied  [40marks]

UNIT 3
Teaching Hours:10
INTERNSHIP
 

Students will have practical experience of the professional aspects of the subjects they have studied  [40marks]

UNIT 3
Teaching Hours:10
INTERNSHIP
 

Students will have practical experience of the professional aspects of the subjects they have studied  [40marks]

UNIT 3
Teaching Hours:10
INTERNSHIP
 

Students will have practical experience of the professional aspects of the subjects they have studied  [40marks]

UNIT 3
Teaching Hours:10
INTERNSHIP
 

Students will have practical experience of the professional aspects of the subjects they have studied  [40marks]

UNIT 4
Teaching Hours:10
VIVA VOCE
 

A viva voce will be conducted on the above three aspects at the end of the course . 10marks

UNIT 4
Teaching Hours:10
VIVA VOCE
 

A viva voce will be conducted on the above three aspects at the end of the course . 10marks

UNIT 4
Teaching Hours:10
VIVA VOCE
 

A viva voce will be conducted on the above three aspects at the end of the course . 10marks

UNIT 4
Teaching Hours:10
VIVA VOCE
 

A viva voce will be conducted on the above three aspects at the end of the course . 10marks

UNIT 4
Teaching Hours:10
VIVA VOCE
 

A viva voce will be conducted on the above three aspects at the end of the course . 10marks

UNIT 4
Teaching Hours:10
VIVA VOCE
 

A viva voce will be conducted on the above three aspects at the end of the course . 10marks

Text Books And Reference Books:

As per BCI regulation

Essential Reading / Recommended Reading

As per BCI regulation

Evaluation Pattern

SCHEME OF VALUATION

 

a.      Three Moot Court Exercises                – 30 Marks

b.      Court Visits                                            – 10 Marks

c.       Lawyers Chamber Visits                      – 10 Marks

d.     Internship                                               – 40 Marks

e.      Viva Voce                                                – 10 Marks

Total                                                         100 Marks


 

LAW1072 - DISSERTATION (2020 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

This Paper is designed to test the research prowess of the students and their analytical skills. It is aimed at enabling the students to hone their skills as a researcher that would be of immense help to them in their career.

Learning Outcome

CO1: Formulate legal research problem.

CO2: Identify proper research methodology to deal with the legal issue.

CO3: Apply objective, logical legal reasoning to make arguments and arrive at conclusions.

CO4: Draft a research report

Unit-1
Teaching Hours:60
Research
 

Students are required to identify a research area and prepare a dissertation in the same using legal research methodology. 

Unit-1
Teaching Hours:60
Research
 

Students are required to identify a research area and prepare a dissertation in the same using legal research methodology. 

Unit-1
Teaching Hours:60
Research
 

Students are required to identify a research area and prepare a dissertation in the same using legal research methodology. 

Unit-1
Teaching Hours:60
Research
 

Students are required to identify a research area and prepare a dissertation in the same using legal research methodology. 

Unit-1
Teaching Hours:60
Research
 

Students are required to identify a research area and prepare a dissertation in the same using legal research methodology. 

Unit-1
Teaching Hours:60
Research
 

Students are required to identify a research area and prepare a dissertation in the same using legal research methodology. 

Text Books And Reference Books:

1.      William J Goode and Paul K Hatt, Methods in Social Research, Surjeet Publications, Indian Reprint, 2006.

2.      Pauline V Young, Scientific Social Surveys and Research, PHI Learning Private Limited, 2014.

3.      Morris L Cohen, Legal Research in a Nutshell, West Publishing Co., Massachusetts, (3rd ed., 1978).

4.      Gordon Rugg and Marian Petre, A Gentle Guide to Research Methods, Tata McGraw Hill Education Private Limited, New Delhi, 2010.

5.      Zina O’Leary, The Essential Guide to Doing your Research Project, Sage Publications, New Delhi, 2010.

6.      Nicholas Walliman, Your Research Project, Sage Publications – Designing and Planning your work, New Delhi (3rd ed., 2011).

7.      Frans L. Leeuw & Hans Schmeets, Empirical Legal Research – A Guidance Book for Lawyers, Legislators and Regulators, Edward Elgar, Northampton, U.S.

Essential Reading / Recommended Reading

1.      William J Goode and Paul K Hatt, Methods in Social Research, Surjeet Publications, Indian Reprint, 2006.

2.      Pauline V Young, Scientific Social Surveys and Research, PHI Learning Private Limited, 2014.

3.      Morris L Cohen, Legal Research in a Nutshell, West Publishing Co., Massachusetts, (3rd ed., 1978).

4.      Gordon Rugg and Marian Petre, A Gentle Guide to Research Methods, Tata McGraw Hill Education Private Limited, New Delhi, 2010.

5.      Zina O’Leary, The Essential Guide to Doing your Research Project, Sage Publications, New Delhi, 2010.

6.      Nicholas Walliman, Your Research Project, Sage Publications – Designing and Planning your work, New Delhi (3rd ed., 2011).

7.      Frans L. Leeuw & Hans Schmeets, Empirical Legal Research – A Guidance Book for Lawyers, Legislators and Regulators, Edward Elgar, Northampton, U.S.

Evaluation Pattern

1. Research Report               – 70%

2. Viva voce                            – 30%

                                    TOTAL 100%

LAW1073 - PARA LEGAL SERVICES AND LEGAL AID (2020 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

This course has been conceptualised in order to offer law students the opportunity to participate in service-learning activities that are significant and relevant to their local community. The students will provide legal aid throughout various stages and gain the essential knowledge to start working as an entry-level paralegal in the legal service industry. By blending in-class teachings, reflection, and practical experiences, students will develop expertise and abilities in civic participation. The course will cover the significance of service learning in the legal field, its advantages, and how to execute it.

COURSE OBJECTIVES:

1.      To educate students to serve the community.

2.      To encourage students to contribute to the advancement of the society and the legal profession.

3.      Educate and provide social services to poor.

4.      To provide basic legal education to the paralegals.

5.      To familiarize students with the legal system and the role of the paralegal in the delivery of legal services in the public and private sectors.

6.      To train students to be prepared to use and apply the current paralegal skills.

Learning Outcome

CO1: Use their classroom learning to resolve real world legal issues.

CO2: Develop civic responsibility through meaningful engagement with community.

CO3: Reflect on the experiences through class presentations, work reports, and discussions.

Unit-1
Teaching Hours:10
PARALEGAL SERVICES
 

1.      Introduction to Paralegal services

2.      The definition of Paralegal services

3.      Historical development

4.      Paralegal services in Western Countries

5.      Paralegal services in India

6.      Importance of Paralegal services

7.      Assignments

Unit-1
Teaching Hours:10
PARALEGAL SERVICES
 

1.      Introduction to Paralegal services

2.      The definition of Paralegal services

3.      Historical development

4.      Paralegal services in Western Countries

5.      Paralegal services in India

6.      Importance of Paralegal services

7.      Assignments

Unit-1
Teaching Hours:10
PARALEGAL SERVICES
 

1.      Introduction to Paralegal services

2.      The definition of Paralegal services

3.      Historical development

4.      Paralegal services in Western Countries

5.      Paralegal services in India

6.      Importance of Paralegal services

7.      Assignments

Unit-1
Teaching Hours:10
PARALEGAL SERVICES
 

1.      Introduction to Paralegal services

2.      The definition of Paralegal services

3.      Historical development

4.      Paralegal services in Western Countries

5.      Paralegal services in India

6.      Importance of Paralegal services

7.      Assignments

Unit-1
Teaching Hours:10
PARALEGAL SERVICES
 

1.      Introduction to Paralegal services

2.      The definition of Paralegal services

3.      Historical development

4.      Paralegal services in Western Countries

5.      Paralegal services in India

6.      Importance of Paralegal services

7.      Assignments

Unit-1
Teaching Hours:10
PARALEGAL SERVICES
 

1.      Introduction to Paralegal services

2.      The definition of Paralegal services

3.      Historical development

4.      Paralegal services in Western Countries

5.      Paralegal services in India

6.      Importance of Paralegal services

7.      Assignments

Unit-2
Teaching Hours:10
THE ROLE OF THE PARALEGALS
 

1.      Paralegal education

2.      Paralegal professional associations

3.      Registration, Certification and Licensure

4.      What Paralegals Do?

5.      Where Paralegals work?

6.      Assignments

Unit-2
Teaching Hours:10
THE ROLE OF THE PARALEGALS
 

1.      Paralegal education

2.      Paralegal professional associations

3.      Registration, Certification and Licensure

4.      What Paralegals Do?

5.      Where Paralegals work?

6.      Assignments

Unit-2
Teaching Hours:10
THE ROLE OF THE PARALEGALS
 

1.      Paralegal education

2.      Paralegal professional associations

3.      Registration, Certification and Licensure

4.      What Paralegals Do?

5.      Where Paralegals work?

6.      Assignments

Unit-2
Teaching Hours:10
THE ROLE OF THE PARALEGALS
 

1.      Paralegal education

2.      Paralegal professional associations

3.      Registration, Certification and Licensure

4.      What Paralegals Do?

5.      Where Paralegals work?

6.      Assignments

Unit-2
Teaching Hours:10
THE ROLE OF THE PARALEGALS
 

1.      Paralegal education

2.      Paralegal professional associations

3.      Registration, Certification and Licensure

4.      What Paralegals Do?

5.      Where Paralegals work?

6.      Assignments

Unit-2
Teaching Hours:10
THE ROLE OF THE PARALEGALS
 

1.      Paralegal education

2.      Paralegal professional associations

3.      Registration, Certification and Licensure

4.      What Paralegals Do?

5.      Where Paralegals work?

6.      Assignments

Unit-3
Teaching Hours:10
PARALEGAL AND LEGAL AID SERVICES
 

1.      Historical Background of Legal Aid Services

2.      Legal Aid Services in Western Countries

3.      Legal Aid and Constitutional Mandate

4.      Judicial trends and Legal Aid

5.      National Legal Services Authority Act, 1987

6.      Assignments

Unit-3
Teaching Hours:10
PARALEGAL AND LEGAL AID SERVICES
 

1.      Historical Background of Legal Aid Services

2.      Legal Aid Services in Western Countries

3.      Legal Aid and Constitutional Mandate

4.      Judicial trends and Legal Aid

5.      National Legal Services Authority Act, 1987

6.      Assignments

Unit-3
Teaching Hours:10
PARALEGAL AND LEGAL AID SERVICES
 

1.      Historical Background of Legal Aid Services

2.      Legal Aid Services in Western Countries

3.      Legal Aid and Constitutional Mandate

4.      Judicial trends and Legal Aid

5.      National Legal Services Authority Act, 1987

6.      Assignments

Unit-3
Teaching Hours:10
PARALEGAL AND LEGAL AID SERVICES
 

1.      Historical Background of Legal Aid Services

2.      Legal Aid Services in Western Countries

3.      Legal Aid and Constitutional Mandate

4.      Judicial trends and Legal Aid

5.      National Legal Services Authority Act, 1987

6.      Assignments

Unit-3
Teaching Hours:10
PARALEGAL AND LEGAL AID SERVICES
 

1.      Historical Background of Legal Aid Services

2.      Legal Aid Services in Western Countries

3.      Legal Aid and Constitutional Mandate

4.      Judicial trends and Legal Aid

5.      National Legal Services Authority Act, 1987

6.      Assignments

Unit-3
Teaching Hours:10
PARALEGAL AND LEGAL AID SERVICES
 

1.      Historical Background of Legal Aid Services

2.      Legal Aid Services in Western Countries

3.      Legal Aid and Constitutional Mandate

4.      Judicial trends and Legal Aid

5.      National Legal Services Authority Act, 1987

6.      Assignments

Unit-4
Teaching Hours:10
LEGAL AID CLINICS / CELLS/ CLUBS
 

1.      Introduction to legal aid clinics

2.      National Legal Services Authority (Legal Aid Clinics) Regulation, 2011

3.      Establishment of Legal Aid Clinics/Cells/Clubs

4.      Working of Legal Aid Clinics/Cells/Clubs

5.      For the activities of legal aid clinics/Cells/Clubs, the students will be divided into 12 groups (Each group consists of 05 students) and they will be assisting with the allotted DSLA in case studies.

Assignments

Unit-4
Teaching Hours:10
LEGAL AID CLINICS / CELLS/ CLUBS
 

1.      Introduction to legal aid clinics

2.      National Legal Services Authority (Legal Aid Clinics) Regulation, 2011

3.      Establishment of Legal Aid Clinics/Cells/Clubs

4.      Working of Legal Aid Clinics/Cells/Clubs

5.      For the activities of legal aid clinics/Cells/Clubs, the students will be divided into 12 groups (Each group consists of 05 students) and they will be assisting with the allotted DSLA in case studies.

Assignments

Unit-4
Teaching Hours:10
LEGAL AID CLINICS / CELLS/ CLUBS
 

1.      Introduction to legal aid clinics

2.      National Legal Services Authority (Legal Aid Clinics) Regulation, 2011

3.      Establishment of Legal Aid Clinics/Cells/Clubs

4.      Working of Legal Aid Clinics/Cells/Clubs

5.      For the activities of legal aid clinics/Cells/Clubs, the students will be divided into 12 groups (Each group consists of 05 students) and they will be assisting with the allotted DSLA in case studies.

Assignments

Unit-4
Teaching Hours:10
LEGAL AID CLINICS / CELLS/ CLUBS
 

1.      Introduction to legal aid clinics

2.      National Legal Services Authority (Legal Aid Clinics) Regulation, 2011

3.      Establishment of Legal Aid Clinics/Cells/Clubs

4.      Working of Legal Aid Clinics/Cells/Clubs

5.      For the activities of legal aid clinics/Cells/Clubs, the students will be divided into 12 groups (Each group consists of 05 students) and they will be assisting with the allotted DSLA in case studies.

Assignments

Unit-4
Teaching Hours:10
LEGAL AID CLINICS / CELLS/ CLUBS
 

1.      Introduction to legal aid clinics

2.      National Legal Services Authority (Legal Aid Clinics) Regulation, 2011

3.      Establishment of Legal Aid Clinics/Cells/Clubs

4.      Working of Legal Aid Clinics/Cells/Clubs

5.      For the activities of legal aid clinics/Cells/Clubs, the students will be divided into 12 groups (Each group consists of 05 students) and they will be assisting with the allotted DSLA in case studies.

Assignments

Unit-4
Teaching Hours:10
LEGAL AID CLINICS / CELLS/ CLUBS
 

1.      Introduction to legal aid clinics

2.      National Legal Services Authority (Legal Aid Clinics) Regulation, 2011

3.      Establishment of Legal Aid Clinics/Cells/Clubs

4.      Working of Legal Aid Clinics/Cells/Clubs

5.      For the activities of legal aid clinics/Cells/Clubs, the students will be divided into 12 groups (Each group consists of 05 students) and they will be assisting with the allotted DSLA in case studies.

Assignments

Unit-5
Teaching Hours:20
FIELD STUDY / PRACTICAL EXPOSURE & RECORD SUBMISSION
 

 

Under MOUs with DSLAs –Chikkaballapur, Kolar, Tumkur or any other

1.      Visit to DSLA-Chikkaballapura

2.      Visit to DSLA –Kolar

3.      Visit to DSLA – Tumkur       

Var  Various other DLSA's of different States across the country

4.     Work report - Record Submission

5.      Viva –voce (External Examiners)

 

Unit-5
Teaching Hours:20
FIELD STUDY / PRACTICAL EXPOSURE & RECORD SUBMISSION
 

 

Under MOUs with DSLAs –Chikkaballapur, Kolar, Tumkur or any other

1.      Visit to DSLA-Chikkaballapura

2.      Visit to DSLA –Kolar

3.      Visit to DSLA – Tumkur       

Var  Various other DLSA's of different States across the country

4.     Work report - Record Submission

5.      Viva –voce (External Examiners)

 

Unit-5
Teaching Hours:20
FIELD STUDY / PRACTICAL EXPOSURE & RECORD SUBMISSION
 

 

Under MOUs with DSLAs –Chikkaballapur, Kolar, Tumkur or any other

1.      Visit to DSLA-Chikkaballapura

2.      Visit to DSLA –Kolar

3.      Visit to DSLA – Tumkur       

Var  Various other DLSA's of different States across the country

4.     Work report - Record Submission

5.      Viva –voce (External Examiners)

 

Unit-5
Teaching Hours:20
FIELD STUDY / PRACTICAL EXPOSURE & RECORD SUBMISSION
 

 

Under MOUs with DSLAs –Chikkaballapur, Kolar, Tumkur or any other

1.      Visit to DSLA-Chikkaballapura

2.      Visit to DSLA –Kolar

3.      Visit to DSLA – Tumkur       

Var  Various other DLSA's of different States across the country

4.     Work report - Record Submission

5.      Viva –voce (External Examiners)

 

Unit-5
Teaching Hours:20
FIELD STUDY / PRACTICAL EXPOSURE & RECORD SUBMISSION
 

 

Under MOUs with DSLAs –Chikkaballapur, Kolar, Tumkur or any other

1.      Visit to DSLA-Chikkaballapura

2.      Visit to DSLA –Kolar

3.      Visit to DSLA – Tumkur       

Var  Various other DLSA's of different States across the country

4.     Work report - Record Submission

5.      Viva –voce (External Examiners)

 

Unit-5
Teaching Hours:20
FIELD STUDY / PRACTICAL EXPOSURE & RECORD SUBMISSION
 

 

Under MOUs with DSLAs –Chikkaballapur, Kolar, Tumkur or any other

1.      Visit to DSLA-Chikkaballapura

2.      Visit to DSLA –Kolar

3.      Visit to DSLA – Tumkur       

Var  Various other DLSA's of different States across the country

4.     Work report - Record Submission

5.      Viva –voce (External Examiners)

 

Text Books And Reference Books:

1.      Dr. S.S. Sharma. Legal Services, Public Interest Litigations & Para-Legal Services: Central Law Agency: II nd Edition 2006, 349.

2.      Ajay Gulati, Dr. Jasmeet Gulati. Public Interest Lawyering, Legal Aid and Para-Legal Services: Central Law Publications Allahabad: Edition 2013, 195.

3.      Dr. NV Paranjape. Public Interest Litigation, Legal Aid & Services, Lok Adalats & Para-Legal Services: Central Law Agency: Second Edition 2010

4.      Dr. SR Myneni. Public Interest Lawyering, Legal Aid and Para Legal Services: Asia Law House, Hyderabad: 2nd Edition 2007, 183.

5.      Narain, Akhilesh- Legal Aid, Public Interest Lawyering and Para Legal Services'. Agra Law Agency, 2000, Raja Mandi, Agra-282002, P-53, Para -IV

 

 

Essential Reading / Recommended Reading

1.      Dr. S.S. Sharma. Legal Services, Public Interest Litigations & Para-Legal Services: Central Law Agency: II nd Edition 2006, 349.

2.      Ajay Gulati, Dr. Jasmeet Gulati. Public Interest Lawyering, Legal Aid and Para-Legal Services: Central Law Publications Allahabad: Edition 2013, 195.

3.      Dr. NV Paranjape. Public Interest Litigation, Legal Aid & Services, Lok Adalats & Para-Legal Services: Central Law Agency: Second Edition 2010

4.      Dr. SR Myneni. Public Interest Lawyering, Legal Aid and Para Legal Services: Asia Law House, Hyderabad: 2nd Edition 2007, 183.

5.      Narain, Akhilesh- Legal Aid, Public Interest Lawyering and Para Legal Services'. Agra Law Agency, 2000, Raja Mandi, Agra-282002, P-53, Para -IV

 

 

Evaluation Pattern

·        

Field Visit -                               40 marks

Record Submission -               30 marks

Viva Voce -                               30 marks

Total-                                         100 Marks

LAW1074 - DRAFTING PLEADING AND CONVEYANCE (2020 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

This paper aims at giving the students an opportunity to know the working of law by referring to its various practical facets, be it criminal or civil. It also emphasizes on the conveyancing aspects and imparts to students requisites of drafting under various formats along with scrutiny of documents / records.

Learning Outcome

CO1: Identify the essential norms of drafting deviation from which would scuttle the prospects of a case.

CO2: Write plaints as well as other civil pleadings.

CO3: Explain the prerequisites of the criminal pleadings.

CO4: Draft conveyance deeds.

CO5: Scrutinise reports and draft judgements

Unit-1
Teaching Hours:10
DRAFTING
 

General principles of drafting, Substantive rules

Unit-1
Teaching Hours:10
DRAFTING
 

General principles of drafting, Substantive rules

Unit-1
Teaching Hours:10
DRAFTING
 

General principles of drafting, Substantive rules

Unit-1
Teaching Hours:10
DRAFTING
 

General principles of drafting, Substantive rules

Unit-1
Teaching Hours:10
DRAFTING
 

General principles of drafting, Substantive rules

Unit-1
Teaching Hours:10
DRAFTING
 

General principles of drafting, Substantive rules

Unit-2
Teaching Hours:10
PLEADINGS (CIVIL)
 

Plaint, written statement, IA, OP, Affidavit, Execution Petition, Memorandum of Appeal and Revision Petition, petitions under Art. 226 and Art. 32 of the Constitution

Unit-2
Teaching Hours:10
PLEADINGS (CIVIL)
 

Plaint, written statement, IA, OP, Affidavit, Execution Petition, Memorandum of Appeal and Revision Petition, petitions under Art. 226 and Art. 32 of the Constitution

Unit-2
Teaching Hours:10
PLEADINGS (CIVIL)
 

Plaint, written statement, IA, OP, Affidavit, Execution Petition, Memorandum of Appeal and Revision Petition, petitions under Art. 226 and Art. 32 of the Constitution

Unit-2
Teaching Hours:10
PLEADINGS (CIVIL)
 

Plaint, written statement, IA, OP, Affidavit, Execution Petition, Memorandum of Appeal and Revision Petition, petitions under Art. 226 and Art. 32 of the Constitution

Unit-2
Teaching Hours:10
PLEADINGS (CIVIL)
 

Plaint, written statement, IA, OP, Affidavit, Execution Petition, Memorandum of Appeal and Revision Petition, petitions under Art. 226 and Art. 32 of the Constitution

Unit-2
Teaching Hours:10
PLEADINGS (CIVIL)
 

Plaint, written statement, IA, OP, Affidavit, Execution Petition, Memorandum of Appeal and Revision Petition, petitions under Art. 226 and Art. 32 of the Constitution

Unit-3
Teaching Hours:10
PLEADINGS (CRIMINAL)
 

Complaint, Criminal Miscellaneous Petition, Bail Application, Memorandum of Appeal and Revision Petition.

Unit-3
Teaching Hours:10
PLEADINGS (CRIMINAL)
 

Complaint, Criminal Miscellaneous Petition, Bail Application, Memorandum of Appeal and Revision Petition.

Unit-3
Teaching Hours:10
PLEADINGS (CRIMINAL)
 

Complaint, Criminal Miscellaneous Petition, Bail Application, Memorandum of Appeal and Revision Petition.

Unit-3
Teaching Hours:10
PLEADINGS (CRIMINAL)
 

Complaint, Criminal Miscellaneous Petition, Bail Application, Memorandum of Appeal and Revision Petition.

Unit-3
Teaching Hours:10
PLEADINGS (CRIMINAL)
 

Complaint, Criminal Miscellaneous Petition, Bail Application, Memorandum of Appeal and Revision Petition.

Unit-3
Teaching Hours:10
PLEADINGS (CRIMINAL)
 

Complaint, Criminal Miscellaneous Petition, Bail Application, Memorandum of Appeal and Revision Petition.

Unit-4
Teaching Hours:10
CONVEYANCES
 

Sale Deed, Mortgage Deed, Lease Deed, Gift Deed, Promissory Note, Power of Attorney, Will, Trust Deed

Unit-4
Teaching Hours:10
CONVEYANCES
 

Sale Deed, Mortgage Deed, Lease Deed, Gift Deed, Promissory Note, Power of Attorney, Will, Trust Deed

Unit-4
Teaching Hours:10
CONVEYANCES
 

Sale Deed, Mortgage Deed, Lease Deed, Gift Deed, Promissory Note, Power of Attorney, Will, Trust Deed

Unit-4
Teaching Hours:10
CONVEYANCES
 

Sale Deed, Mortgage Deed, Lease Deed, Gift Deed, Promissory Note, Power of Attorney, Will, Trust Deed

Unit-4
Teaching Hours:10
CONVEYANCES
 

Sale Deed, Mortgage Deed, Lease Deed, Gift Deed, Promissory Note, Power of Attorney, Will, Trust Deed

Unit-4
Teaching Hours:10
CONVEYANCES
 

Sale Deed, Mortgage Deed, Lease Deed, Gift Deed, Promissory Note, Power of Attorney, Will, Trust Deed

Unit-5
Teaching Hours:10
LEGAL SCRUTINY REPORTS
 

Legal document, conveyancing deeds and revenue records.

Unit-5
Teaching Hours:10
LEGAL SCRUTINY REPORTS
 

Legal document, conveyancing deeds and revenue records.

Unit-5
Teaching Hours:10
LEGAL SCRUTINY REPORTS
 

Legal document, conveyancing deeds and revenue records.

Unit-5
Teaching Hours:10
LEGAL SCRUTINY REPORTS
 

Legal document, conveyancing deeds and revenue records.

Unit-5
Teaching Hours:10
LEGAL SCRUTINY REPORTS
 

Legal document, conveyancing deeds and revenue records.

Unit-5
Teaching Hours:10
LEGAL SCRUTINY REPORTS
 

Legal document, conveyancing deeds and revenue records.

Unit-6
Teaching Hours:10
JUDGEMENT WRITING
 

Art of writing orders and judgments

Unit-6
Teaching Hours:10
JUDGEMENT WRITING
 

Art of writing orders and judgments

Unit-6
Teaching Hours:10
JUDGEMENT WRITING
 

Art of writing orders and judgments

Unit-6
Teaching Hours:10
JUDGEMENT WRITING
 

Art of writing orders and judgments

Unit-6
Teaching Hours:10
JUDGEMENT WRITING
 

Art of writing orders and judgments

Unit-6
Teaching Hours:10
JUDGEMENT WRITING
 

Art of writing orders and judgments

Text Books And Reference Books:
  1. Sengupta, Ajit K. Majumdar’s Law Relating to Notices. Kolkata: Eastern Law House Pvt. Ltd., 2005.
  2. Mogha G. C. Mogha’s Law of  Pleadindgs in India with Precedents. 17th ed. Lucknow: Eastern Book Company, 2006 (2009).
  3. Shrivastava J. M. Mogha’s Indian Conveyancer. 14th ed. Lucknow: Eastern Book Company, 2009.
  4. Bindra, M. S. Bindra's Pleading & Practice Vol. 1 & 2. New Delhi: Universal Law Publishing, 2021.
  5. Parimeswaran, S. Law of Affidavit. New Delhi: Universal Law Publishing, 2003.

       6. Rathwade, Rajaram S. Legal Drafting, Pune:Hind Law House, 2010

Essential Reading / Recommended Reading

Recommended References

 

1.      The Karnataka Courts Practice Manual – Law Practice and Procedure (2 Volumes),

2. Karnataka Law Journal Publications, Bangalore, 2015 (BK 347.5401 P Acc No. 22305,22306)

3. The Karnataka High Court Manual, Karnataka Law Journal Publications, Bangalore, 2015 (BK 347.5401 PU Acc No. 21682)

4. Kafaltiya, A.B., Textbook on Pleadings, Drafting, Conveyancing, Universal Law Publications, 2017

5. Aggarwal, S.P., Drafting and Conveyancing, LexisNexis Butterworths, 2015

6.  DeSouza’s Laws and Precedents of Conveyancing, Eastern Bok House, 2017

7. Kolhatkar, Medha., Drafting, Pleading and Conveyancing, LexisNexis, 2020

8. Sahni and Bansal., Civil Pleadings; Art of Better Drafting, Capital Law House, Delhi, 2017

10. Wadhera, B.L., Public Interest Litigation, with Model PIL Formats, 5th Ed., Universal Law Publication, 2016

Evaluation Pattern
  •  Class Tests – 40%
  •  Mid Semester Examination – 20%
  •  Record Book – 30%
  •  Viva Voce – 10%

 

LAW1075 - PROFESSIONAL ETHICS AND PROFESSIONAL ACCOUNTING SYSTEM (2020 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

Course Description

Ethics are an integral part of every profession. Every profession has certain peculiar codes of conduct and well defined norms. Advocacy being a profession of immense social relevance, and its significant role in the justice delivery system makes it a unique profession in itself and therefore it is highly desired that this profession be carried on ethically. This course aims at appreciating the avowed duties of advocates as well as the Bar-Bench relation.

Designed to be taught with the assistance of practitioners, it will impart the students their role and responsibilities as professionals. The course consists of five units. Unit 1 deals with The Advocates Act and the relevant Bar Council of India Rules. Unit 2 deals the autobiographies of eminent advocates like Charles W Colson, Bryan Stevenson, Fali S. Nariman and BV Acharya. Unit 3 deals with the law relating to contempt of court. Unit 4 deals with skill oriented aspects – student presentations on the BCI opinions regarding disciplinary proceedings, Supreme Court judgements. Unit 5 deals with the professional accounting standards to be maintained by the advocates.

Course Objectives

  • To understand the statutory provisions relating to legal profession andcontempt of law
  • To understand the procedure followed by the disciplinary committees of Bar Councils
  • To analyse the BCI opinions regarding professional misconduct
  • To analyse the profession with the lives and experiences of advocates through their autobiographies
  • To gain an understanding on the basics of professional accountancy

Learning Outcome

CO1: Students will describe and explain the substantive and procedural law relating to the profession

CO2: Students will be enabled to face or answer the Enrolment Committee's profession related questions

CO3: Students will identify norms of professional conduct and etiquette of the local Bar Associations.

CO4: Students will be able to analyse the BCI and State Bar Council opinions

CO5: Students will be able to explain various aspects of advocacy and the profession through reading autobiographies and watching biopics of/on the lives and experiences of regional, national and international lawyers.

CO6: Critically analyse the rationales behind the ethical rules and law of contempt of court.

Unit-1
Teaching Hours:15
ADVOCATES ACT AND BAR COUNCIL OF INDIA RULES
 

Importance of the Course; Development of Legal Profession in India;

Legislative History of The Advocates Act, 1961;

Sr. Advocates v. Other Advocates;

Dress Code

Law Graduate;

 

Admission, Enrolment & Rights of Advocate; Bar Councils

Professional or other Misconduct; Disciplinary proceedings;

Punishment

 

 

 

 

 

 

Unit-1
Teaching Hours:15
ADVOCATES ACT AND BAR COUNCIL OF INDIA RULES
 

Importance of the Course; Development of Legal Profession in India;

Legislative History of The Advocates Act, 1961;

Sr. Advocates v. Other Advocates;

Dress Code

Law Graduate;

 

Admission, Enrolment & Rights of Advocate; Bar Councils

Professional or other Misconduct; Disciplinary proceedings;

Punishment

 

 

 

 

 

 

Unit-1
Teaching Hours:15
ADVOCATES ACT AND BAR COUNCIL OF INDIA RULES
 

Importance of the Course; Development of Legal Profession in India;

Legislative History of The Advocates Act, 1961;

Sr. Advocates v. Other Advocates;

Dress Code

Law Graduate;

 

Admission, Enrolment & Rights of Advocate; Bar Councils

Professional or other Misconduct; Disciplinary proceedings;

Punishment

 

 

 

 

 

 

Unit-1
Teaching Hours:15
ADVOCATES ACT AND BAR COUNCIL OF INDIA RULES
 

Importance of the Course; Development of Legal Profession in India;

Legislative History of The Advocates Act, 1961;

Sr. Advocates v. Other Advocates;

Dress Code

Law Graduate;

 

Admission, Enrolment & Rights of Advocate; Bar Councils

Professional or other Misconduct; Disciplinary proceedings;

Punishment

 

 

 

 

 

 

Unit-1
Teaching Hours:15
ADVOCATES ACT AND BAR COUNCIL OF INDIA RULES
 

Importance of the Course; Development of Legal Profession in India;

Legislative History of The Advocates Act, 1961;

Sr. Advocates v. Other Advocates;

Dress Code

Law Graduate;

 

Admission, Enrolment & Rights of Advocate; Bar Councils

Professional or other Misconduct; Disciplinary proceedings;

Punishment

 

 

 

 

 

 

Unit-1
Teaching Hours:15
ADVOCATES ACT AND BAR COUNCIL OF INDIA RULES
 

Importance of the Course; Development of Legal Profession in India;

Legislative History of The Advocates Act, 1961;

Sr. Advocates v. Other Advocates;

Dress Code

Law Graduate;

 

Admission, Enrolment & Rights of Advocate; Bar Councils

Professional or other Misconduct; Disciplinary proceedings;

Punishment

 

 

 

 

 

 

Unit-2
Teaching Hours:10
AUTO BIOGRAPHIES & SEVEN LAMP S OF ADVOCACY; TRUE ACCOUNTS FOR LAWYERS
 

Ethics of Legal profession; Seven Lamps of Advocacy

Autobiographies - 

 

K.V. Krishnaswami Aiyar’s Professional Conduct and Advocacy: Being a Series of Lectures Delivered to Apprentices-at-law  

Charles W. Colson’s Born Again

Fali S. Nariman’s Before Memory Fades

B. V. Acharya’s All From Memory: An Autobiography

Unit-2
Teaching Hours:10
AUTO BIOGRAPHIES & SEVEN LAMP S OF ADVOCACY; TRUE ACCOUNTS FOR LAWYERS
 

Ethics of Legal profession; Seven Lamps of Advocacy

Autobiographies - 

 

K.V. Krishnaswami Aiyar’s Professional Conduct and Advocacy: Being a Series of Lectures Delivered to Apprentices-at-law  

Charles W. Colson’s Born Again

Fali S. Nariman’s Before Memory Fades

B. V. Acharya’s All From Memory: An Autobiography

Unit-2
Teaching Hours:10
AUTO BIOGRAPHIES & SEVEN LAMP S OF ADVOCACY; TRUE ACCOUNTS FOR LAWYERS
 

Ethics of Legal profession; Seven Lamps of Advocacy

Autobiographies - 

 

K.V. Krishnaswami Aiyar’s Professional Conduct and Advocacy: Being a Series of Lectures Delivered to Apprentices-at-law  

Charles W. Colson’s Born Again

Fali S. Nariman’s Before Memory Fades

B. V. Acharya’s All From Memory: An Autobiography

Unit-2
Teaching Hours:10
AUTO BIOGRAPHIES & SEVEN LAMP S OF ADVOCACY; TRUE ACCOUNTS FOR LAWYERS
 

Ethics of Legal profession; Seven Lamps of Advocacy

Autobiographies - 

 

K.V. Krishnaswami Aiyar’s Professional Conduct and Advocacy: Being a Series of Lectures Delivered to Apprentices-at-law  

Charles W. Colson’s Born Again

Fali S. Nariman’s Before Memory Fades

B. V. Acharya’s All From Memory: An Autobiography

Unit-2
Teaching Hours:10
AUTO BIOGRAPHIES & SEVEN LAMP S OF ADVOCACY; TRUE ACCOUNTS FOR LAWYERS
 

Ethics of Legal profession; Seven Lamps of Advocacy

Autobiographies - 

 

K.V. Krishnaswami Aiyar’s Professional Conduct and Advocacy: Being a Series of Lectures Delivered to Apprentices-at-law  

Charles W. Colson’s Born Again

Fali S. Nariman’s Before Memory Fades

B. V. Acharya’s All From Memory: An Autobiography

Unit-2
Teaching Hours:10
AUTO BIOGRAPHIES & SEVEN LAMP S OF ADVOCACY; TRUE ACCOUNTS FOR LAWYERS
 

Ethics of Legal profession; Seven Lamps of Advocacy

Autobiographies - 

 

K.V. Krishnaswami Aiyar’s Professional Conduct and Advocacy: Being a Series of Lectures Delivered to Apprentices-at-law  

Charles W. Colson’s Born Again

Fali S. Nariman’s Before Memory Fades

B. V. Acharya’s All From Memory: An Autobiography

Unit-3
Teaching Hours:14
CONTEMPT LAW AND PRACTICE
 

Introduction to Contempt of Court Act; Legislative Competency &Constitutional validity of contempt law

Meaning –Features of civil  contempt;criminal contempt

Extent of contempt jurisdiction; contempt by lawyers, judges, State and corporate bodies

BCI  Opinions prescribed

Unit-3
Teaching Hours:14
CONTEMPT LAW AND PRACTICE
 

Introduction to Contempt of Court Act; Legislative Competency &Constitutional validity of contempt law

Meaning –Features of civil  contempt;criminal contempt

Extent of contempt jurisdiction; contempt by lawyers, judges, State and corporate bodies

BCI  Opinions prescribed

Unit-3
Teaching Hours:14
CONTEMPT LAW AND PRACTICE
 

Introduction to Contempt of Court Act; Legislative Competency &Constitutional validity of contempt law

Meaning –Features of civil  contempt;criminal contempt

Extent of contempt jurisdiction; contempt by lawyers, judges, State and corporate bodies

BCI  Opinions prescribed

Unit-3
Teaching Hours:14
CONTEMPT LAW AND PRACTICE
 

Introduction to Contempt of Court Act; Legislative Competency &Constitutional validity of contempt law

Meaning –Features of civil  contempt;criminal contempt

Extent of contempt jurisdiction; contempt by lawyers, judges, State and corporate bodies

BCI  Opinions prescribed

Unit-3
Teaching Hours:14
CONTEMPT LAW AND PRACTICE
 

Introduction to Contempt of Court Act; Legislative Competency &Constitutional validity of contempt law

Meaning –Features of civil  contempt;criminal contempt

Extent of contempt jurisdiction; contempt by lawyers, judges, State and corporate bodies

BCI  Opinions prescribed

Unit-3
Teaching Hours:14
CONTEMPT LAW AND PRACTICE
 

Introduction to Contempt of Court Act; Legislative Competency &Constitutional validity of contempt law

Meaning –Features of civil  contempt;criminal contempt

Extent of contempt jurisdiction; contempt by lawyers, judges, State and corporate bodies

BCI  Opinions prescribed

Unit-4
Teaching Hours:25
50 SELECTED OPINIONS OF BAR COUNCILS AND 10 SELECTED CASES OF SUPREME COURT OF INDIA
 

BCI  Opinions prescribed

Unit-4
Teaching Hours:25
50 SELECTED OPINIONS OF BAR COUNCILS AND 10 SELECTED CASES OF SUPREME COURT OF INDIA
 

BCI  Opinions prescribed

Unit-4
Teaching Hours:25
50 SELECTED OPINIONS OF BAR COUNCILS AND 10 SELECTED CASES OF SUPREME COURT OF INDIA
 

BCI  Opinions prescribed

Unit-4
Teaching Hours:25
50 SELECTED OPINIONS OF BAR COUNCILS AND 10 SELECTED CASES OF SUPREME COURT OF INDIA
 

BCI  Opinions prescribed

Unit-4
Teaching Hours:25
50 SELECTED OPINIONS OF BAR COUNCILS AND 10 SELECTED CASES OF SUPREME COURT OF INDIA
 

BCI  Opinions prescribed

Unit-4
Teaching Hours:25
50 SELECTED OPINIONS OF BAR COUNCILS AND 10 SELECTED CASES OF SUPREME COURT OF INDIA
 

BCI  Opinions prescribed

Unit-5
Teaching Hours:5
PROFESSIONAL ACCOUNTING FOR LAWYERS
 

Professional Accounting; Nature and Functions

 Need of accountancy for lawyers

Unit-5
Teaching Hours:5
PROFESSIONAL ACCOUNTING FOR LAWYERS
 

Professional Accounting; Nature and Functions

 Need of accountancy for lawyers

Unit-5
Teaching Hours:5
PROFESSIONAL ACCOUNTING FOR LAWYERS
 

Professional Accounting; Nature and Functions

 Need of accountancy for lawyers

Unit-5
Teaching Hours:5
PROFESSIONAL ACCOUNTING FOR LAWYERS
 

Professional Accounting; Nature and Functions

 Need of accountancy for lawyers

Unit-5
Teaching Hours:5
PROFESSIONAL ACCOUNTING FOR LAWYERS
 

Professional Accounting; Nature and Functions

 Need of accountancy for lawyers

Unit-5
Teaching Hours:5
PROFESSIONAL ACCOUNTING FOR LAWYERS
 

Professional Accounting; Nature and Functions

 Need of accountancy for lawyers

Text Books And Reference Books:

1. K.V. Krishnaswami Aiyar, Professional Conduct and Advocacy: Being a Series of Lectures Delivered to Apprentices-at-law, Read Books, 2007

2. Sandeep Bhalla, Advocates Act and Professional Ethics, 2010 edition.

3. V. Sudhish Pai, Legends in Law our great forebears, Universal Publishing Co, New Delhi, India 2013

4. Samraditya Pai, the Law of Contempt-Contempt of Courts and Legislatures,LexisNexis.

5. Selected Judgments on Professional Ethics, Vol I & II, Bar Council of India Publication.

6. Re-statement of Indian Law: Contempt of Court, LexisNexis, 2011

7. Legal Ethics Accountability for lawyers and Bench Bar relations: Dr Kailash Rai, 2015, Central Law Publication

8. Professional Ethics, Accountancy for lawyers and Bench Bar relations: J P S Sirohi, Allahabad Law Agency, 2015

9. Legal Ethics and the Professional of law: Yashomati Ghosh, Lexis Nexis, 2014

10. Fali S. Nariman – Before Memory Fades…An Autobiography, Hay House Publication (India) Pvt Ltd., 2010

11. Sanjiva Row’s The Advocates Act, 1961, 9th Edition 2016, LexisNexis

12. Subramanyam’s Commentaries on Advocates Act with Professional Ethics and Allied Laws, 5th Edition 2018, Law Publishers (India) Pvt Ltd.

 

13. Deborah L Rhode – The Trouble with Lawyers, Oxford University Press, 2019

Essential Reading / Recommended Reading

1. K.V. Krishnaswami Aiyar, Professional Conduct and Advocacy: Being a Series of Lectures Delivered to Apprentices-at-law, Read Books, 2007

2. Sandeep Bhalla, Advocates Act and Professional Ethics, 2010 edition.

3. V. Sudhish Pai, Legends in Law our great forebears, Universal Publishing Co, New Delhi, India 2013

4. Samraditya Pai, the Law of Contempt-Contempt of Courts and Legislatures,LexisNexis.

5. Selected Judgments on Professional Ethics, Vol I & II, Bar Council of India Publication.

6. Re-statement of Indian Law: Contempt of Court, LexisNexis, 2011

7. Legal Ethics Accountability for lawyers and Bench Bar relations: Dr Kailash Rai, 2015, Central Law Publication

8. Professional Ethics, Accountancy for lawyers and Bench Bar relations: J P S Sirohi, Allahabad Law Agency, 2015

9. Legal Ethics and the Professional of law: Yashomati Ghosh, Lexis Nexis, 2014

10. Fali S. Nariman – Before Memory Fades…An Autobiography, Hay House Publication (India) Pvt Ltd., 2010

11. Sanjiva Row’s The Advocates Act, 1961, 9th Edition 2016, LexisNexis

12. Subramanyam’s Commentaries on Advocates Act with Professional Ethics and Allied Laws, 5th Edition 2018, Law Publishers (India) Pvt Ltd.

13. Deborah L Rhode – The Trouble with Lawyers, Oxford University Press, 2019

 

Evaluation Pattern

Assessment outline and break up of marks as per components: 

 

Component

Details of 

Marks

1

Examination with theoretical as well as application based questions

50

2

2 Classroom presentations on BCI and Supreme Court judgments

15 (7.5 + 7.5)

3

Record book submission

25

4

Viva voce by external experts at the end of the course

10

TOTAL

100

LAW1076 - ALTERNATE DISPUTE RESOLUTION (2020 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

 

Course description:

 

This course introduces students to the rules that govern how alternative dispute resolution is conducted. The course contains an overview of negotiation, mediation, conciliation, arbitration and the entire body of rules ranging from commencement of proceedings, to defining issues, to enforcement of judgments. There is particular emphasis upon simulation exercise for the different alternative dispute resolution mechanisms.

 

Unit 1 negotiation skills, it helps the students to understand the Conflict Resolution, and Negotiation Skills. Unit 2, Mediation and conciliation skills, enables the students to learn mediation and conciliation process, methods & skills, Unit 3: Arbitration, helps the students to understand the legal regime of arbitration, arbitration agreement, types of arbitration, constitution of arbitral tribunals, appointment of arbitrators and arbitral awards.

 

Practical exercise for conciliation, mediation, negotiation and arbitration enhances the skills of students.  The final year students are expected to get acquainted with the theoretical & practical knowledge about alternative modes of dispute resolution which have gained primacy in the present context

The main objectives of the Course are:

 

   To study international legal framework with respect to ADR mechanisms.

 

   To understand the Indian legal regime on Arbitration, Mediation, Conciliation & Negotiation.

 

   To explain various dispute resolution methods of arbitration, mediation and conciliation.

 

   To identify the strengths and weaknesses of various dispute resolution methods.

 

   To compare and contrast various legal implications of each method and train students to be effective Arbitrators, Conciliators and Mediators.

 

 

Learning Outcome

CO1: To explain various legal frameworks on arbitration, mediation, conciliation and negotiation.

CO2: To analyze the international legal frame work on arbitration and conciliation.

CO3: To apply procedures of ADR mechanisms to hypothetical problems and address the issues of the clients

CO4: To identify the issues, and act for the best interest of the parties.

Unit-1
Teaching Hours:5
Negotiation skills
 

Understanding Conflict and Disputes: Modes of Dispute Resolution, need for ADR-Importance of Negotiation as a method of Conflict Resolution, Negotiation Skills and Behaviour, Rule of law; Ethics and Policies, Simulation Exercises.

Unit-1
Teaching Hours:5
Negotiation skills
 

Understanding Conflict and Disputes: Modes of Dispute Resolution, need for ADR-Importance of Negotiation as a method of Conflict Resolution, Negotiation Skills and Behaviour, Rule of law; Ethics and Policies, Simulation Exercises.

Unit-1
Teaching Hours:5
Negotiation skills
 

Understanding Conflict and Disputes: Modes of Dispute Resolution, need for ADR-Importance of Negotiation as a method of Conflict Resolution, Negotiation Skills and Behaviour, Rule of law; Ethics and Policies, Simulation Exercises.

Unit-1
Teaching Hours:5
Negotiation skills
 

Understanding Conflict and Disputes: Modes of Dispute Resolution, need for ADR-Importance of Negotiation as a method of Conflict Resolution, Negotiation Skills and Behaviour, Rule of law; Ethics and Policies, Simulation Exercises.

Unit-1
Teaching Hours:5
Negotiation skills
 

Understanding Conflict and Disputes: Modes of Dispute Resolution, need for ADR-Importance of Negotiation as a method of Conflict Resolution, Negotiation Skills and Behaviour, Rule of law; Ethics and Policies, Simulation Exercises.

Unit-1
Teaching Hours:5
Negotiation skills
 

Understanding Conflict and Disputes: Modes of Dispute Resolution, need for ADR-Importance of Negotiation as a method of Conflict Resolution, Negotiation Skills and Behaviour, Rule of law; Ethics and Policies, Simulation Exercises.

Unit-2
Teaching Hours:45
MEDIATION AND CONCILIATION SKILLS
 

Mediation and Restorative Justice: Theory of restorative justice and its application, Gandhian principles of non-violent conflict resolution, traditional mediation practices in India and abroad

 Mediation Laws in India: Mediation Act 2023- Mediation agreement -Pre-litigation mediation. -Disputes or matters not fit for mediation. - Power of court or tribunal to refer parties to mediation.

. Appointment of mediators. - Preference of parties. - Conflict of interest and disclosure. - Termination of mandate of mediator - Replacement of mediator.

 

Territorial jurisdiction to undertake mediation.  Commencement of mediation.  Conduct of mediation. -Role of mediator. - Role of mediator in other proceedings. - Time-limit for completion of mediation. -Mediated settlement agreement.

 

Registration of mediated settlement agreement./Non-settlement report. / Confidentiality. / Admissibility and privilege against disclosure. /Termination of mediation. / Cost of mediation. / Proceedings of Lok Adalat and Permanent Lok Adalat not to be affected.

Enforcement of mediated settlement agreement. / Challenge to mediated settlement agreement. /. Limitation/ online mediation

Mediation council of India

-Judicial interpretation and relevant case law, dispute resolution institutions in India

 Key Concepts in Mediation: Essential elements, process and stages, approaches to Mediation, role of the mediator

 Importance of Communication: Elements of verbal and non-verbal communication, effective and ineffective communication techniques

 Conducting Effective Mediation: Decision-making techniques [BATNA/WATNA/MLATNA], problem-solving tactics, ensuring positive outcomes

Qualities and Skills of Mediators: Developing mediation skills, code of ethics, confidentiality requirements

Status of Mediated Agreements: Drafting of agreements, sanctity of mediated agreements, enforcement laws and procedures

Important Developments in Mediation: Growth of virtual dispute resolution, Pre-Institution Mediation, UNCITRAL Model Law, Singapore Convention

Conciliation-Meaning, conciliation as a mode of settlement of disputes, distinction between negotiation, mediation and conciliation, advantages, Appointment of conciliators, commencement of conciliation proceedings, submission of statements, communication between conciliator and the parties, Role of a conciliator, settlement agreement- status and effect. Termination of conciliation proceedings.

Simulation exercise on mediation and conciliation-

Process/stages of Mediation and conciliation: Problem-defining, Problem-solving and settlement stages. Opening round, joint sessions and private caucus. Gathering information, analyzing issues and interests, generating options and proposals, resolving disagreements, reaching agreement

Unit-2
Teaching Hours:45
MEDIATION AND CONCILIATION SKILLS
 

Mediation and Restorative Justice: Theory of restorative justice and its application, Gandhian principles of non-violent conflict resolution, traditional mediation practices in India and abroad

 Mediation Laws in India: Mediation Act 2023- Mediation agreement -Pre-litigation mediation. -Disputes or matters not fit for mediation. - Power of court or tribunal to refer parties to mediation.

. Appointment of mediators. - Preference of parties. - Conflict of interest and disclosure. - Termination of mandate of mediator - Replacement of mediator.

 

Territorial jurisdiction to undertake mediation.  Commencement of mediation.  Conduct of mediation. -Role of mediator. - Role of mediator in other proceedings. - Time-limit for completion of mediation. -Mediated settlement agreement.

 

Registration of mediated settlement agreement./Non-settlement report. / Confidentiality. / Admissibility and privilege against disclosure. /Termination of mediation. / Cost of mediation. / Proceedings of Lok Adalat and Permanent Lok Adalat not to be affected.

Enforcement of mediated settlement agreement. / Challenge to mediated settlement agreement. /. Limitation/ online mediation

Mediation council of India

-Judicial interpretation and relevant case law, dispute resolution institutions in India

 Key Concepts in Mediation: Essential elements, process and stages, approaches to Mediation, role of the mediator

 Importance of Communication: Elements of verbal and non-verbal communication, effective and ineffective communication techniques

 Conducting Effective Mediation: Decision-making techniques [BATNA/WATNA/MLATNA], problem-solving tactics, ensuring positive outcomes

Qualities and Skills of Mediators: Developing mediation skills, code of ethics, confidentiality requirements

Status of Mediated Agreements: Drafting of agreements, sanctity of mediated agreements, enforcement laws and procedures

Important Developments in Mediation: Growth of virtual dispute resolution, Pre-Institution Mediation, UNCITRAL Model Law, Singapore Convention

Conciliation-Meaning, conciliation as a mode of settlement of disputes, distinction between negotiation, mediation and conciliation, advantages, Appointment of conciliators, commencement of conciliation proceedings, submission of statements, communication between conciliator and the parties, Role of a conciliator, settlement agreement- status and effect. Termination of conciliation proceedings.

Simulation exercise on mediation and conciliation-

Process/stages of Mediation and conciliation: Problem-defining, Problem-solving and settlement stages. Opening round, joint sessions and private caucus. Gathering information, analyzing issues and interests, generating options and proposals, resolving disagreements, reaching agreement

Unit-2
Teaching Hours:45
MEDIATION AND CONCILIATION SKILLS
 

Mediation and Restorative Justice: Theory of restorative justice and its application, Gandhian principles of non-violent conflict resolution, traditional mediation practices in India and abroad

 Mediation Laws in India: Mediation Act 2023- Mediation agreement -Pre-litigation mediation. -Disputes or matters not fit for mediation. - Power of court or tribunal to refer parties to mediation.

. Appointment of mediators. - Preference of parties. - Conflict of interest and disclosure. - Termination of mandate of mediator - Replacement of mediator.

 

Territorial jurisdiction to undertake mediation.  Commencement of mediation.  Conduct of mediation. -Role of mediator. - Role of mediator in other proceedings. - Time-limit for completion of mediation. -Mediated settlement agreement.

 

Registration of mediated settlement agreement./Non-settlement report. / Confidentiality. / Admissibility and privilege against disclosure. /Termination of mediation. / Cost of mediation. / Proceedings of Lok Adalat and Permanent Lok Adalat not to be affected.

Enforcement of mediated settlement agreement. / Challenge to mediated settlement agreement. /. Limitation/ online mediation

Mediation council of India

-Judicial interpretation and relevant case law, dispute resolution institutions in India

 Key Concepts in Mediation: Essential elements, process and stages, approaches to Mediation, role of the mediator

 Importance of Communication: Elements of verbal and non-verbal communication, effective and ineffective communication techniques

 Conducting Effective Mediation: Decision-making techniques [BATNA/WATNA/MLATNA], problem-solving tactics, ensuring positive outcomes

Qualities and Skills of Mediators: Developing mediation skills, code of ethics, confidentiality requirements

Status of Mediated Agreements: Drafting of agreements, sanctity of mediated agreements, enforcement laws and procedures

Important Developments in Mediation: Growth of virtual dispute resolution, Pre-Institution Mediation, UNCITRAL Model Law, Singapore Convention

Conciliation-Meaning, conciliation as a mode of settlement of disputes, distinction between negotiation, mediation and conciliation, advantages, Appointment of conciliators, commencement of conciliation proceedings, submission of statements, communication between conciliator and the parties, Role of a conciliator, settlement agreement- status and effect. Termination of conciliation proceedings.

Simulation exercise on mediation and conciliation-

Process/stages of Mediation and conciliation: Problem-defining, Problem-solving and settlement stages. Opening round, joint sessions and private caucus. Gathering information, analyzing issues and interests, generating options and proposals, resolving disagreements, reaching agreement

Unit-2
Teaching Hours:45
MEDIATION AND CONCILIATION SKILLS
 

Mediation and Restorative Justice: Theory of restorative justice and its application, Gandhian principles of non-violent conflict resolution, traditional mediation practices in India and abroad

 Mediation Laws in India: Mediation Act 2023- Mediation agreement -Pre-litigation mediation. -Disputes or matters not fit for mediation. - Power of court or tribunal to refer parties to mediation.

. Appointment of mediators. - Preference of parties. - Conflict of interest and disclosure. - Termination of mandate of mediator - Replacement of mediator.

 

Territorial jurisdiction to undertake mediation.  Commencement of mediation.  Conduct of mediation. -Role of mediator. - Role of mediator in other proceedings. - Time-limit for completion of mediation. -Mediated settlement agreement.

 

Registration of mediated settlement agreement./Non-settlement report. / Confidentiality. / Admissibility and privilege against disclosure. /Termination of mediation. / Cost of mediation. / Proceedings of Lok Adalat and Permanent Lok Adalat not to be affected.

Enforcement of mediated settlement agreement. / Challenge to mediated settlement agreement. /. Limitation/ online mediation

Mediation council of India

-Judicial interpretation and relevant case law, dispute resolution institutions in India

 Key Concepts in Mediation: Essential elements, process and stages, approaches to Mediation, role of the mediator

 Importance of Communication: Elements of verbal and non-verbal communication, effective and ineffective communication techniques

 Conducting Effective Mediation: Decision-making techniques [BATNA/WATNA/MLATNA], problem-solving tactics, ensuring positive outcomes

Qualities and Skills of Mediators: Developing mediation skills, code of ethics, confidentiality requirements

Status of Mediated Agreements: Drafting of agreements, sanctity of mediated agreements, enforcement laws and procedures

Important Developments in Mediation: Growth of virtual dispute resolution, Pre-Institution Mediation, UNCITRAL Model Law, Singapore Convention

Conciliation-Meaning, conciliation as a mode of settlement of disputes, distinction between negotiation, mediation and conciliation, advantages, Appointment of conciliators, commencement of conciliation proceedings, submission of statements, communication between conciliator and the parties, Role of a conciliator, settlement agreement- status and effect. Termination of conciliation proceedings.

Simulation exercise on mediation and conciliation-

Process/stages of Mediation and conciliation: Problem-defining, Problem-solving and settlement stages. Opening round, joint sessions and private caucus. Gathering information, analyzing issues and interests, generating options and proposals, resolving disagreements, reaching agreement

Unit-2
Teaching Hours:45
MEDIATION AND CONCILIATION SKILLS
 

Mediation and Restorative Justice: Theory of restorative justice and its application, Gandhian principles of non-violent conflict resolution, traditional mediation practices in India and abroad

 Mediation Laws in India: Mediation Act 2023- Mediation agreement -Pre-litigation mediation. -Disputes or matters not fit for mediation. - Power of court or tribunal to refer parties to mediation.

. Appointment of mediators. - Preference of parties. - Conflict of interest and disclosure. - Termination of mandate of mediator - Replacement of mediator.

 

Territorial jurisdiction to undertake mediation.  Commencement of mediation.  Conduct of mediation. -Role of mediator. - Role of mediator in other proceedings. - Time-limit for completion of mediation. -Mediated settlement agreement.

 

Registration of mediated settlement agreement./Non-settlement report. / Confidentiality. / Admissibility and privilege against disclosure. /Termination of mediation. / Cost of mediation. / Proceedings of Lok Adalat and Permanent Lok Adalat not to be affected.

Enforcement of mediated settlement agreement. / Challenge to mediated settlement agreement. /. Limitation/ online mediation

Mediation council of India

-Judicial interpretation and relevant case law, dispute resolution institutions in India

 Key Concepts in Mediation: Essential elements, process and stages, approaches to Mediation, role of the mediator

 Importance of Communication: Elements of verbal and non-verbal communication, effective and ineffective communication techniques

 Conducting Effective Mediation: Decision-making techniques [BATNA/WATNA/MLATNA], problem-solving tactics, ensuring positive outcomes

Qualities and Skills of Mediators: Developing mediation skills, code of ethics, confidentiality requirements

Status of Mediated Agreements: Drafting of agreements, sanctity of mediated agreements, enforcement laws and procedures

Important Developments in Mediation: Growth of virtual dispute resolution, Pre-Institution Mediation, UNCITRAL Model Law, Singapore Convention

Conciliation-Meaning, conciliation as a mode of settlement of disputes, distinction between negotiation, mediation and conciliation, advantages, Appointment of conciliators, commencement of conciliation proceedings, submission of statements, communication between conciliator and the parties, Role of a conciliator, settlement agreement- status and effect. Termination of conciliation proceedings.

Simulation exercise on mediation and conciliation-

Process/stages of Mediation and conciliation: Problem-defining, Problem-solving and settlement stages. Opening round, joint sessions and private caucus. Gathering information, analyzing issues and interests, generating options and proposals, resolving disagreements, reaching agreement

Unit-2
Teaching Hours:45
MEDIATION AND CONCILIATION SKILLS
 

Mediation and Restorative Justice: Theory of restorative justice and its application, Gandhian principles of non-violent conflict resolution, traditional mediation practices in India and abroad

 Mediation Laws in India: Mediation Act 2023- Mediation agreement -Pre-litigation mediation. -Disputes or matters not fit for mediation. - Power of court or tribunal to refer parties to mediation.

. Appointment of mediators. - Preference of parties. - Conflict of interest and disclosure. - Termination of mandate of mediator - Replacement of mediator.

 

Territorial jurisdiction to undertake mediation.  Commencement of mediation.  Conduct of mediation. -Role of mediator. - Role of mediator in other proceedings. - Time-limit for completion of mediation. -Mediated settlement agreement.

 

Registration of mediated settlement agreement./Non-settlement report. / Confidentiality. / Admissibility and privilege against disclosure. /Termination of mediation. / Cost of mediation. / Proceedings of Lok Adalat and Permanent Lok Adalat not to be affected.

Enforcement of mediated settlement agreement. / Challenge to mediated settlement agreement. /. Limitation/ online mediation

Mediation council of India

-Judicial interpretation and relevant case law, dispute resolution institutions in India

 Key Concepts in Mediation: Essential elements, process and stages, approaches to Mediation, role of the mediator

 Importance of Communication: Elements of verbal and non-verbal communication, effective and ineffective communication techniques

 Conducting Effective Mediation: Decision-making techniques [BATNA/WATNA/MLATNA], problem-solving tactics, ensuring positive outcomes

Qualities and Skills of Mediators: Developing mediation skills, code of ethics, confidentiality requirements

Status of Mediated Agreements: Drafting of agreements, sanctity of mediated agreements, enforcement laws and procedures

Important Developments in Mediation: Growth of virtual dispute resolution, Pre-Institution Mediation, UNCITRAL Model Law, Singapore Convention

Conciliation-Meaning, conciliation as a mode of settlement of disputes, distinction between negotiation, mediation and conciliation, advantages, Appointment of conciliators, commencement of conciliation proceedings, submission of statements, communication between conciliator and the parties, Role of a conciliator, settlement agreement- status and effect. Termination of conciliation proceedings.

Simulation exercise on mediation and conciliation-

Process/stages of Mediation and conciliation: Problem-defining, Problem-solving and settlement stages. Opening round, joint sessions and private caucus. Gathering information, analyzing issues and interests, generating options and proposals, resolving disagreements, reaching agreement

Unit-3
Teaching Hours:20
ARBITRATION
 

Arbitration - Introduction to Arbitration– meaning, scope, concept, terminology, history of Arbitration, types of Arbitration, Arbitration agreement, seat of arbitration, Arbitral Proceedings, statement of claim and defense, Arbitral Tribunal - Composition, eligibility and qualifications of arbitrators. Termination or a mandate of arbitral Tribunal's and of arbitrators, appointment of arbitrators and filling up of vacancies, powers and functions of Arbitral Tribunal's, Arbitral award-recourse and enforcement, rules of procedure, Online Dispute Resolution, Simulation Exercises.

Unit-3
Teaching Hours:20
ARBITRATION
 

Arbitration - Introduction to Arbitration– meaning, scope, concept, terminology, history of Arbitration, types of Arbitration, Arbitration agreement, seat of arbitration, Arbitral Proceedings, statement of claim and defense, Arbitral Tribunal - Composition, eligibility and qualifications of arbitrators. Termination or a mandate of arbitral Tribunal's and of arbitrators, appointment of arbitrators and filling up of vacancies, powers and functions of Arbitral Tribunal's, Arbitral award-recourse and enforcement, rules of procedure, Online Dispute Resolution, Simulation Exercises.

Unit-3
Teaching Hours:20
ARBITRATION
 

Arbitration - Introduction to Arbitration– meaning, scope, concept, terminology, history of Arbitration, types of Arbitration, Arbitration agreement, seat of arbitration, Arbitral Proceedings, statement of claim and defense, Arbitral Tribunal - Composition, eligibility and qualifications of arbitrators. Termination or a mandate of arbitral Tribunal's and of arbitrators, appointment of arbitrators and filling up of vacancies, powers and functions of Arbitral Tribunal's, Arbitral award-recourse and enforcement, rules of procedure, Online Dispute Resolution, Simulation Exercises.

Unit-3
Teaching Hours:20
ARBITRATION
 

Arbitration - Introduction to Arbitration– meaning, scope, concept, terminology, history of Arbitration, types of Arbitration, Arbitration agreement, seat of arbitration, Arbitral Proceedings, statement of claim and defense, Arbitral Tribunal - Composition, eligibility and qualifications of arbitrators. Termination or a mandate of arbitral Tribunal's and of arbitrators, appointment of arbitrators and filling up of vacancies, powers and functions of Arbitral Tribunal's, Arbitral award-recourse and enforcement, rules of procedure, Online Dispute Resolution, Simulation Exercises.

Unit-3
Teaching Hours:20
ARBITRATION
 

Arbitration - Introduction to Arbitration– meaning, scope, concept, terminology, history of Arbitration, types of Arbitration, Arbitration agreement, seat of arbitration, Arbitral Proceedings, statement of claim and defense, Arbitral Tribunal - Composition, eligibility and qualifications of arbitrators. Termination or a mandate of arbitral Tribunal's and of arbitrators, appointment of arbitrators and filling up of vacancies, powers and functions of Arbitral Tribunal's, Arbitral award-recourse and enforcement, rules of procedure, Online Dispute Resolution, Simulation Exercises.

Unit-3
Teaching Hours:20
ARBITRATION
 

Arbitration - Introduction to Arbitration– meaning, scope, concept, terminology, history of Arbitration, types of Arbitration, Arbitration agreement, seat of arbitration, Arbitral Proceedings, statement of claim and defense, Arbitral Tribunal - Composition, eligibility and qualifications of arbitrators. Termination or a mandate of arbitral Tribunal's and of arbitrators, appointment of arbitrators and filling up of vacancies, powers and functions of Arbitral Tribunal's, Arbitral award-recourse and enforcement, rules of procedure, Online Dispute Resolution, Simulation Exercises.

Text Books And Reference Books:

1.     Stuart Sime , Susan Blake , Julie Browne, ‘A Practical Approach to Alternative Dispute Resolution’,Oxford University Press, USA, 2014

2.     Albert Fiadjoe: Routledge,Alternative Dispute Resolution: A Developing World Perspective., 2013.

3.     Nolan-Haley, Jacqueline M. Alternative dispute resolution. St Paul, Minn : West Group, 2001.

4.     Markanda, P.C. 7th ed. Law relating to arbitration and conciliation: commentary on the arbitration and conciliation act, 1996. New Delhi : LexisNexis ButterworthsWadhwa Nagpur, 2009.

5.     Malhotra, O.P. The law and practice of arbitration and conciliation. 2nded. New Delhi : LexisNexis Butterworths, 2006.

6.     Chawla, S.K. Law of Arbitration & Conciliation: Practice and Procedure.2nd ed. Kolkata : Eastern law House, 2004.

7.     Bansal, Ashwinie K. Arbitration: Procedure and Practice. New Delhi : LexisNexis ButterworthsWadhwa, 2009

8.     Stuart Sime , Susan Blake , Julie Browne, ‘A Practical Approach to Alternative Dispute Resolution.  Oxford University Press, USA, 2014

9.     Albert Fiadjoe: Routledge,‘Alternative Dispute Resolution: A Developing World Perspective., 2013.

10.  Nolan-Haley, Jacqueline M. Alternative dispute resolution. St Paul, Minn : West Group, 2001.

Essential Reading / Recommended Reading

1.     Markanda, P.C. 7th ed. Law relating to arbitration and conciliation: commentary on the arbitration and conciliation act, 1996. New Delhi : LexisNexis ButterworthsWadhwa Nagpur, 2009.

2.     Malhotra, O.P. The law and practice of arbitration and conciliation. 2nded. New Delhi : LexisNexis Butterworths, 2006.

3.     Chawla, S.K. Law of Arbitration & Conciliation: Practice and Procedure.2nd ed. Kolkata : Eastern law House, 2004.

4.     Bansal, Ashwinie K. Arbitration: Procedure and Practice. New Delhi : LexisNexis ButterworthsWadhwa, 2009.

5.     AnirBhanchkraborthy, ‘Law &Practise of Alternative dispute analysis- a detailed study, Lexis Nexis,2015.

6.     Madabhushi Sridhar, Alternative dispute resolution, Lexis Nexis,2010.

7.     Avatar Singh,Law of arbitration and conciliation and dispute resolution system, Eastern Book Company2013.

8.     Susan Blake, Julie Brown, Practical approach to alternative dispute resolution,OUP Oxford,2014

9.     Vishnu S warrior, Arbitration, conciliation and mediation, Lexis Nexis,2014.

10.  New Case Law Referencer on Arbitration and Conciliation Act,”Hari Dev Kohli”.2nd  Ed.,Universal Law Publishing.

A Critical Study of Alternative Dispute Resolution System”,Dr.B.S.Hanasai

Evaluation Pattern

Assessment outline

      Mid-Sem -Exam                                     – 30 Marks

      Arbitration Exercise                               -10Marks

      Mediation and conciliation exercise   - 20 Marks

      Negotiation Skills                                  - 10 Marks

      Record                                                     - 20 Marks

      Viva-Voce                                               - 10 Marks